HomeMy WebLinkAboutPrato Villas Subdivision Unsigned DAi
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MAYOR
Tammy de Weerd
CITY COUNCIL MEMBERS
Keith Bird
Joseph W. Borton
Charles M. Rountree
Shaun Wardle
CI'[Y DEPARTMENTS
City Attorney/FiR
703 Main Street
898-5506 (City Attomey)
898-5503 (HR)
Fax 884-8723
Fire
540 E. Franklin Road
888-1234 / fax 895-0390
Parks & Recreation
11 W. Bower Street
888-3579/fax 898-5501
Planning
660 E. Watertower Lane
Suite 202
884-5533/fax 888-6854
Police
1401 E. Watertower Lane
588-6678/fax 846-7366
Public Works
660 E. Watertower Lane
suite 2ao
898-5500 / fax 898-9551
- Building
660 E. Watertower Lane
Suite 150
887-2211/fax 887-1297
- Wastewater
3401 N. Ten Mile Road
888-2191/fax 884-0744
- Water
2235 N.W. 8th Street
888-5242 / fax 884-1159
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JUL 0 3 200~
City Of IYleridian
~t~;~l~xl~ ~C.affi.c~
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August 15, 2006
Sabrina Whitehead
Briggs Engineering, Inc.
1800 West Over{and Road
Boise, ID 83705
Re: Development Agreement - Prato Villas Subdivision
AZ 06-022 --
Dear Ms. Whitehead,
Enclosed please find the original Development Agreement for Prato Villas
Subdivision, which is ready for your review and signatures of the
appropriate parties. Please sign where indicated and retum to the City of
Meridian City Clerk's Office for placement on the next available City
Council Agenda for approval. ~
Please call me if you have any questions at 208-888~433.
Sincerely,
~W LL~J~. ~ ~~
Tara Green
Deputy City Clerk
enc.
CITY HALL 33 EAST IDAHO AVENUE MERIDIAN, IDAHO H3C~z (208) 888-4433
CITY CLE2K - FAX 888-4218 FINANCE & UTfL[1Y BILLINC - FAX 887-48I3 MAYOR'S OFFICE - FAX 884-8119
Printed on recycled paper
DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. Chad Colbent, Gerald Saxton, Kent Pintus, Owner/Developers
THIS DEVELOPMENT AGREEMENT (this "Agr ent"), is made and
entered into this day of , 200~y and between City
of Meridian, a municipal corporation of the State of Idaho, hereafter called "CITY', and
Chad Colbent, Gerald Sexton, Kent Pintus, whose address is 3325 W. Jacobastor Way, S.
Jordon, Utah 84088, hereinafter called "OWNER/DEVELOPERS".
1. RECITALS:
1.1 WHEREAS, "OWNER/DEVELOPERS" are the sole owners, in law
andlor 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 "Propert}~'; and
1.2 WHEREAS, I.C. § 67-6511A, Idaho Code, provides that ci~ties may,
by ordinance, require or permit as a condition of re-zoning that the
"Owner/Developers" make a written cornmitment concerning the use
or development of the subject "Property"; and
1.3 WHEREAS, "Cit}~' has exercised its statutory authority by the
enactment of the Meridian Unified Developrnent Code, which
authorizes development agreements upon the annexation andJor re-
zoning of land; and
1.4 WHEREAS, "Owner/Developers" has submitted an application for
annexation and zoning of the "Property's" described in Exhibit A,
and has requested a designation of (R-4) Low Density Residential
District (Municipal Code of the City of Meridian); and
1.5 WHEREAS, "Owner/Developers" made representations at the public
hearings both before the Meridian Planning & Zoning Commission
and before the Meridian City Council, as to how the subject
"Propert}~' will be developed and what improvements will be made;
and
1.6 WHEREAS, record of the proceedings for the requested annexation
and zoning designation of the subject "Property" held before the
DEVELOPMENT AGREEMENT (AZ 06-022) PRATO VILLAS SUBDMSION PAGE 1 OF 11
Planning & Zoning Comrnission, and subsequently before the City
Council, include responses of government subdivisions providing
services within the City of Meridian plannimg jurisdiction, and
received fiurther testimony and comment; and
1.7 WI3EREAS, City Council, the 8`~ day of August, 2006, has approved
certain Findings of Fact and Conclusions of Law and Decision and
Order, set forth in Exhibit B, which aze 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 `~OWNER/DEVELOPER" deems it to be in its best interest to be
able to enter into this Agreement and ackrnowledges that this
Agreement was entered into voluntarily and at its urging and requests;
and
1.10 WHEREAS, "Cit}~' 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 "Propert~' is in
accordance with the terms and conditions of this development
agreement, herein being established as a result of evidence received
by the "City" in the proceedings for zoning designarion from
government subdivisions providing services within the planning
jurisdiction and from affected property owners and to ensure re-
zoning designarion is in accordance with the amended
Comprehensive Plan of the City of Meridian adopted August 6, 2002,
Resolution No. 02-3 82, 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. DEFINITIONS: For a11 purposes of this Agreement the following words,
terms, and phrases herein contained in this section shall be defined and interpreted as herein
provided for, unless the clear context of the presentation of the same requires otherwise:
DEVELOPMENT AGREEMENT (AZ 06-022) PRATO VILLAS SUBDMSION PAGE 2 OF 11
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 viriue of
law of the State of Idaho, whose address is 33 East Idaho Avenue,
Meridian, Idaho 83642.
3.2 ~~OWNER/DEVELOPER": means and refers to Chad Colbent,
Gerald Saxton, Kent Pintus, whose address is 3325 W. Jacobastor
Way, S. Jordan, Utah 84088, the party developing said "Propert}~'
and shall include any subsequent owners and/or developers of the
"Propert}~'.
3.3 "PROPERTY": means and refers to that certain parcel(s) of
"Propert~' located in the County of Ada, City of Meridian as
described in Exhibit A describing the pazcels to be annexed and
zoned R-4 (L,ow 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
iJnified Development Code which are herein specified as follows:
Consiruction and development of a Certificate of Zoning
Compliance shall be submitted to the City of Meridian prior to a
future development in the R-4 zone, and the pertinentprovisions of
the City ofMeridian Comprehensive Plan are applicable to thisAZ
06-022 application.
4.2 No change in the uses specified in this Agreernent shall be allowed
without modification of this Agreement.
5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT
PROPERTY: -
5.1. "Owner/Developer" shall develop the "Propert~' in accordance with the
following special conditions:
5.1.1. All future uses shall not involve uses, activities, processes, materials,
equipment and conditions of operation that will be detrimental to any
DEVELOPMENT AGREEMENT (AZ U6-022) PRATO VILLAS SUBDIVISION PAGE 3 OF i l
persons, property or the general welfare by reason of excessive
production of traffic, noise, smoke, fumes, glare or odors.
5.1.2. That all future development of the subjecQ property shall be
constructed in accordance with City of Meridian ordinances in effect
at the time of development.
5.1.3. That the owner/developer will be responsible for all costs associated
with the sewer and water service extension.
5.1.4. That any existing domestic wells and/or septic systems within this
project will have to be removed from their domestic service, per City
Ordinance Section 5-7-517, when services are available from the City
of Meridian. Wells may be used for non-domestic purposes such as
landscape irrigation.
5.1.5. That the following shall be the only allowed uses on this property:
single-family detached homes and allowed accessory uses of the R-4
zone.
5.1.6. That a maximum of 30 single-farnily building lmts will be platted on
this property.
5.1.7. That prior to any building permit, the subject property be subdivided
in accordance with the City of Meridian Unified Development Code.
6. COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and
the commitments contained herein shall be terminated, and the zoning designation reversed,
upon a default of the "Owner/Developers" or "Owners/Developers"' heirs, successors,
assigns, to cornply with Section 5 entitled "Conditions Goveming Development of Subject
Property" of this agreement within two years of the date this Agreement is effective, and after
the "Cit}~' has complied with the notice and hearing procedures as outlined in Idaho Code §
67-6509, or any subsequent arnendments or recodifications thereof.
7. CONSENT TO DE-ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
"Owner/Developers" consents upon default to the reversal of the zoning
designation of the "Property" subject to and conditioned upon the following conditions
precedent to-wit:
DEVELOPMEIVT AGREEMENT (AZ 06-022) PRATO VILLAS SUBDMSION PAGE 4 OF 11
7.1 That the "Cit~' provide written notice of any failure to comply with
this Agreement to "Owner/Developer" and if the "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 developrnent of the "Propert}~' 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 condirions of this Development Agreement and all
other ordinances of the "Cit}~' that apply to said Development.
9. DEFAULT:
9.1 In the event "Owner/Developers", "Owner/Developers"' heirs,
successors, assigns, or subsequent owners of the "Property" or any
other person acquiring an interest in the "Propert}~', 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 "Cit}~' upon compliance with the
requirements of the Zoning Ordinance.
9.2 A waiver by "City" of any default by "Owner/Developers" of any one
or more of the covenants or conditions hereof shall apply solely to the
breach and breaches waived and shall not baz 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: "Cit}~' shall record either a
memorandum of this Agreement or this Agreement, including all of the Exhibits, at
"Owner/Developers"' cost, and submit proof of such recording to "Owner/Developers", prior
to the third reading of the Meridian Zoning Ordinance in connection with the re-zoning of the
"Propert~' by the City Council. If for any reason after such recordarion, the City Council
fails to adopt the ordinance in connection with the annexation and zoning of the "Propert}~'
contemplated hereby, the "Cit}~' shall execute and record an appropriate instrument of release
of ttus Agreement.
11. ZONING: "Cit}~' 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/Developers", or by any successor or successors in
title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate
DEVELOPMENT AGREEMENT (AZ 06-022) PRATO VILLAS SUBDIVISION PAGE 5 OF 11
action at law or in equity to secure the specific performance of the covenants, agreements,
conditions, and obligations contained herein.
12.1 In the event of a rnaterial breach of this Agreement, the parties agree
that "City" and "Owner/Developers" shall have thirty (30) days after
delivery of notice of said breach to conect 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/Developers" or "Cit}~' is delayed for
causes which aze beyond the reasonable control of the party
responsible for such performance, which shall include, without
limitation, acts of civil disobedience, strikes or similaz causes, the
time for such perforrnance shall be extended by the amount of time of
such delay.
13. SURETY OF PERFORMANCE: The "Cit}~' 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/Developers" agrees to provide, if required by the "Cit}~'.
14. CERTIFICATE OF OCCUPANCY: The "Owner/Developers" agrees that
no Certificates of Occupancy will be issued until all improvements are completed, unless the
"City" and "Owner/Developers" has entered into an addendum agreement stating when the
improvements will be cornpleted 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/Developers" agrees
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.
DEVELOPMENT AGREEMENT (AZ 06-022) PRATO VILLAS SUBDIVISION PAGE 6 OF 11
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:
c/o City Engineer
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83642
with copy to:
City Clerk
City of Meridian
33 E. Idaho Avenue
Meridian, ID 83642
OWNER/DEVELOPER:
Chad Colbent, Gerald Saxton, Kent Pintus
3325 W. Jacobaster Way
S. Jordon, Utah 84088
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 addirion to
any other relief as may be granted, to court costs and reasonable attorney's fees as
determined by a Court of cornpetent jurisdiction. This provision shall be deemed to be a
sepazate contract between the parties and shall survive any default, termination or forfeiture
of this Agreernent.
18. TIME IS OF TIiE ESSENCE: T'he 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 shail in
any way prevent sale or alienation of the "Propert~', or portions thereof, except that any sale
DEVELOPMENT AGREEMENT' (AZ 06-022) PRATO VILLAS SUBDIVISION PAGE 7 OF 11
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 restricrions herein expressed. "Cit}~'
agrees, upon written request of "Owner/Developer", to execute appropriate and recordable
evidence of ternunation of this Agreement if "City", in its sole and reasonable discretion, had
determined that "Owner/Developer" has fully performed its obligations under this
Agreement.
2U• INVALID PROVISION: If any provision of this Agreement is held ttot
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 aze no promises, agreements,
conditions or understanding, either oral or written, express or implied, between
"Owner/Developer" and "Cit~', other than as aze 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 "Cit}~', to a duly adopted
ordinance or resolution of "Cit}~'.
21.1 No condition governing the uses and/or conditions goveming re-zoning of the
subject "Property" herein provided for can be modified or amended without
the approval of the City Council after the "City" has conducted public
hearing(s) in accordance with the notice provisions provided for a zoning
designation and/or amendment in force at the time of the proposed
amendment.
22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective
on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning
Ordinance in connection with the annexation and zoning of the "Property" and execution of
the Mayor and City Clerk.
ACKNOWLEDGMENTS
IN WITNESS W~IEREOF, the parties have herein executed this agreement
and made it effective as hereinabove provided.
OWNER /DEVELOPERSs
DEVELOPMENT AGREEMENT (AZ 06-022) PRATO VILLAS SUBDMSION PAGE 8 OF I 1
GERALDSAXTON
By:
Attest:
KENT PINTUS
CITY OF MERIDIAN
MAYOR TAMMY de WEERD
, ., CITY CLERK
~yCt.c_ ~o~f~'1Q~1
DEVELOPMENT AGREEMENT (AZ 06-022) PRATO VILLAS SUBDMSION PAGE 9 OF 11
JAN-24-2004 05:18A FROM:DBS CONST~TRUESTYLE 801 254 3725 T0:12089385200 P.2
07/02/2008 16t11 2089385260 HGI EACatE PAGE 91/02
~
ERALD SA7CT'ON
KENT 1~IIV'I'US
~CI'~'X UF MER~DIAN ~
I3y:
~YO~ ~rA~ ae wEERn
Attest:
, ., CTTY CL.ER~
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DEVEiAPMENT AC~REEMEN'x' (A,~ 06-02'~) PRA'~'O V~.GAS StJ~A[VIS~ON PAGE 9 OF 11
Jul 03 08 11:37a Kent Pintus Office 4359868946 p.2
GF..YtA~D 5.47~CTl~N
KE PIlVTUS
CYTY pF MERIDIAN
By:
MAYOR TA'LVA~IY de WEERD
, ., CYT"Y Cx.EELK
~ayc~. 4~olman
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pEVEL4PMEN1' AG~T (AZ 06-022) PRATO VII.IAS SUBDIVYSlON PAG~ 9 OF 11
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STATE OF IDAHO )
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County of Ada )
rc,~
On this 2 day of r , 200~before me, the undersigned, a Notary
Public in and for said State, personally a peared Chad Colbent, known or identified to me to
be the person who signed the instrument, and acknowledged to me that he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal
the day and year in this certificate first above written.
~~.....•.•
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otary Public for ldaho
Residing at: CC~I,C~, ~~,, l.D
My Commission Expires: ~p~ 0-~ ~ ~
STATE OF IDAHO )
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County of Ada
On this day of , 200 ~, before me, the undersigned, a Notary
Public in and for said State, personally appeazed Gerald Saxton, known or identified to me to
be the person who signed the instrument, and acknowledged to me that he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal
the day and year in this certificate first above written.
(SEAL)
Notary Public for ldaho
Residing at:
My Commission Expires:
DEVELOPMENT AGREEMENT (AZ 06-022) PRATO VII.,LAS SUBDMSION PAGE 10 OF 11
JAN-24-2004 05:19A FROM:DBS CONST~TRUESTYLE 801 254 3725
07/02/2008 16:11 2089385200 HGI EAC~E
STATE OF ID,A-HO )
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County of Ada )
T0:12089385200 P.3
PAGE 02/92
On tl~.is 2~day of .~~ 200~bef~oze me, the uudersignat, a ATotary
Pubiic i~ ~ad fior sa~a sr~c~ ~ersoa~ty peared Ched Colhmt, kaown oridenti~al tv me to
be thep~oa who si~.ed tkxe inetru~ment, and ack~owtedged to am~ that he executed the s~ume.
ZN WITNESS W~BRfiOF, I have hee~unto set my hand and a~ixed my offiei~l seal
tb;e day and y~ar in thia c~rtificat~ frst above written.
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~~; J; otaty Public for 1da1~o
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STAT'E OF ID,AHO )
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Caunty of Ada )
an thi~~ daY o£~~~, 24~be~ore me, the undearsigned, a Notary
I'ublic iu a.ad for said State, pers nalld y nppeared Gerald Saxton, lc~own o~ridentified to me tv
be the ~pe~son who signed the instinunent, aad ~c~owledged to ~ue th,st ~e cxe~uted the ssme.
IN WITNBSS WHEREOF,1 have btereur~to set ray hand and a~~ed my official seal
tbe day and year ia this certif~cate first $bove writte,n.
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Nolary Publlc, Slete cl Utah
~~ DOROTHYMBINSTOCK ~
a 1588 Moor Oale Lane
4~ Selt Lake City, UT 84117
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DEYF-LOPMENT AGR$~MBNT (qZ 06-0221 pRATn V7x,LAS SUBDIVI3ION PqQ~ IO OF t i
Jul 03 08 12:17p Kent Pintus Office 4359868946
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STATE OF ~9- )
County of.~r h i rt~~,~s
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On this ~ day of ~ U.l 20Q~. tn..fore me, the undersigned, a Notary
Public ia aad for said State, Pe-xonally appearea Keat Pinta~„ l~owa or id~tif[ed to me oo be
ths pecson who sigxed the i,ostrumeu~ and acknowledged to :ne tE~at he executed the same.
IN W1TNF.SS WHERFAF, I have here~mta set myhand audai~ced my of~cial seat
the day and year in this certiBcate 5rst above writtea.
-;~~, : WENOY NIELSEN
~ ~~ Notary Pubuc
~ ~ `+ State of Utah
omm-sslon Expires ,lon, 29, 2012
20 N. MQin Sf. Sui}9 ~5, 3pht George, UT B4)IO
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Notary Public id~tr ~L,
Residingat: 5F. G<. e C.c.T
My Comrnissiou Expires: ~~~, / i z
STATE OF IDAH~ )
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County of Ada )
p.l
on~s ~yof z 8'
00~ before m~ a Nor~y
Pabhc, personaIlY aPPeared'1'ammY de weerd aad Jr., w or •~SO`"b~j""4~dlrria.~
0o me tn be the May~nr aad Clalc. respectively, of the City of Meridiea, who exeeutc~ the
iosttume~t or the person that executed tLe inetrucr,ent of behalf of said City, aad
ecknowledged~ to me that svrh City executed tbe seme.
IN WITNESS WHEREOF, I heve hereunt0 set my hand eud at~xed tuy
°ffic~al seal the daY aad ~r in tbis cefificate fiist above written
(SEAT.) Notary Public for idahn
Ressditwg at:
Commissi~~n expires:
D~~~~T ~~~ t~ Q~2Z) ~+~0'v~I.[.~-s ytrBn[vrsiox PAGB 1 l OF 12
Z0/l8 3Jdd 3'1Jt73 I9H 08Z58E688Z 66~LL 80AZ/Z0/L0
STATE OF IDAHO )
: ss
County of Ada )
, g
On this day of , 200~, before me, the undersigned, a Notary
Public in and for said State, personally appeazed Kent Pintus, known or identified to me to be
the person who signed the instrument, and acknowledged to me that he executed the same.
IN WITNESS WHEREOF, I have hereunto set rny hand and affixed my official seal
the day and year in this certificate first above written.
(SEAL)
STATE OF IDAHO
Notary Public for ldaho
Residing at:
My Commission Expires:
: ss
County of Ada )
8'
Ori this day of _ , 200~, before me, a Notary~a~_f.kj~rr~~..~
Public, personally appeared Tammy de Weerd and . , Jr.,'~ow or ~'aentified
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 sarne.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
o~cial seal the day and yeaz in this certificate first above written
i
(SEAL)
Notary Public for ldaho
Residing at:
Commission expires: _
DEVELOPMENT AGREEMENT (AZ 06-022) PRATO VILLAS SUBDMSION PAGE 11 OF 11
. Lega! Description
~ DESCRIPTIOH FOR IINNEX/1T10N TO CtTY Of MEiiIOt/W
~ PRATO VlL(J-$ BUBOIVISION ~
~ Mareh 2J, 2Q06'
A PARGEL OF LqNO BE~Na A PORtION OF WES7 DAPt(NE STREET ANO ALL OF
IOTS 6.ANp 7, g~p~ 2, OF BLAqC CAT ESTA7FS NO. 2, AS RECORDEO !N
BOOK 32 OF PUITS, PAGE 1845 M10 1948, ADA COUFFIY RECOROERS OFFICE.
LOCATED W TME SOU1'H 1R OF TFiE SOIJfHwEST i/< OF SECTION 27. .
TOWt~SH~P ~ NOaTN, RANGE 1 WE9T, BOISE htERID1AN, ADA COUNTY, IONiO,
AAORE PARTfCUURIYDESCJtlBED AS FOLLOWS:
COMMENGNG AT 1'liE S~UTFiWE9T CORNER Of THE 6W 1!4 OF SEC170N 27,
T. ~ N.. R. 1 W.. B.Ad.. ADA OOUNTY. WAFiO. THENC~ S 89'35'ZS' E Z653.86 PEEf
TO'fHE SOViHEAST OORtVEft OF SND SW 1/4 (SOUTH T/4 OORNER). THENGE
N 00'2909' E 644.81 FEET ALONG TF1E EAST IINE OF SAID 8W 1/< TO THE
30lliFiE/I~ST CORNER OF 7~ BLOpC2; OF BUICK CAT E9tATE3 NO. 2, AS
RECORDED IN BOOK 32 OF PLATS, PAGE 1945 AND 1948111DA COUMY
RECAROERS OFF{CE, THE RF/IL pp(NT OF BEGINNING OF THIS SU801VISION;
THENC~ N 69' 16'40' W ~29.57 FEET TO A POINT ON THE NEW NORTHERLY
RIGHT OF WAY WEST OAPHNE STREET;
TNENCE S 87•(1'38' W 6.82 FEET70 THE CEKTERUNE IKTERSECTION OP WEST
OAPHrlE 3TREEfi M10 NORTH JOY SIREET;
THENCE N 89'15'45' W ~~5.<0 FEETALONG 7}iE CENTERIINE OF WEST ~APHNE
STREETiTO A POfKT;
FOLLOYJING 7}tE BOUNDARIES OF LOTS 6 IUYD 7, 6lOCK~2. OF SAtO BL/lCK CqT
ESTATES NO. 2 AS FOLLOWS:
THENCE N 00'25'14' E 68025 FEET TO A PpINT ON THE NORLH LINE OF THE
s tn oF sa~o sw vi: ~
T}{ENCE S 89•1T29' E 96~,g1 FEET ALONG SAID LINE'TO THE NORTMEAST
CORNER Of•' SAib S ir2 (CS 1/18 CORNER):
THENCE'S 00'20't2' W 660.00 FEET 70 A POINT TO THE RE/lL POtt1T OF
6EOINMINC OF TMI6 SUBOIVISION.
3N0 PARCEL CAM'TkINING 10.18 ACRE$ MOftE `oR LESS.
WAYNE K. BAF;BER,
P.L.S. e~u
~b0! UB•Rrv.Aane~i.clnc
~~C~FV~.D
CITY OF MERTDIAN
FINDINGS OF FACT, CONCLUSIONS OF
LAW AND
DECISION & ORDER
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In the Matter of Annexatton and Zoning of 10.16 acres from RUT (Ada County) to R-4
(Medium Low-Density Residential) AND, Preliminary Plat approval of 30 single-family
residendal buildiug lots and 4 common lots on 9.97 acres in a proposed R-4 zone, for Prato
Villas Subdivislon, by Briggs Engineering, Inc.
Case No(s).: A~06-022 and PP-O(~02Z
For the CYty Council Hearing Date of: July 18, 2006
A. Findings of Faet
1. Hearing Facts (see attached Staff Report for the hearing date of July 18, 2006,
incorporated by reference)
~
2. Process Facts (see attached Staff Report for the hearing date of July 18, 2006,
incorpvrated by reference)
3. Application and Property Facts (see attached StaffReport for the hearing date of July 18,
2006, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached 5taff Repvrt for the
hearing date of July 18, 2006, incoiporated by reference)
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use
Plannin$ Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503).
2. The Meri&an City Council takes judicial notice of its Unified Development Code
codified at Title 11 Meridian City Code, and all current zoning maps thereof. 'Ihe City of
Meridian has, by ordinance, establishad the Impact Area and the Amended
Comprehensive Plan of the City of Merid.ian, which was adopted August 6, 20U2,
Resolution ~No. 02-382 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code §
11-SA. ~
CITY OF MERIDIAN FINDiNGS OF FAC'i', CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-06-022 / PP-06-022 - PAGE t of 4 ~
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 Department and any aff~ted
party requestiag notice.
7. That this approval is subject to the Legal Descriprion, Preliminary Plat, aad the
Conditions of Approval all in the attached Staff Report for the hearing date of July 18,
2006, incorporated by reference. The conditions are concluded to be reasonable and the
applicant shall meet such requirements as a condition of approval of the application.
C. Decision and Order ~
Pursuant to the City Council's authority as provided in Meridian City Code § 11-SA and
based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby
ordered that: ~
1. 1fie applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat
dated June 2, 2006, by Briggs Engineering, Inc., is hereby conditionally approved;
2. The following modifications to site specific conditions were made at the City Council
hearingt ~
, a. None
3. The site specific and standard conditions of approval are as shown in the attached Staff
Report for the hearing date of July 18, 2006, incorporated by reference.
D. Notice of Applicable Time Limits (as applicable)
~
Notice of Preliminary Plat Duration
Please take notice that approval of a preliminary plat, combined preliminary and final
plat, or short plat shall become null and void if the applicant fails to 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 development of
the preliminary plat is made in successive phases in an orderly and reasonable manner,
and conforms substantially to the approved preliminary plat, such segnents, if
submitted within successive intervals of eighteen (18) months, may be considered for
final approval without resubmission for preliminary plat approval. Upon written request
CITY OF MERIDIAN FINDMGS OF FACT, CONCLUSIONS OF LAW AND DBC[SION & ORDER
CASE NO(S). AZ-06-022 / PP-Q6-022 - PAGE 2 of 4
and filed !by the applicant prior to the termination of the period in accord with I 1-6B-
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
detecmined 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 properiy shall be required to go through the platting procedure again.
E. Norice of Final Acrion and Right to Regulatory Taldngs 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 mare than
tweaty-eight (28) days after the final decision concerning the trnatter 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 nodce that this is a final action of the governing body of the City of
Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has
an interest in real property which may be adversely affected by the issuance or denial of
the conditional use permit approval may within twenty-eight (28) days after the date of -
tius decision and order seek a judicial re~view as provided by Chapter 52, Title 67, Idaho
Code. '
P. Attached: Staff Report for the hearing date of 7uly 18, 2006.
CITY OF MERIDIAN FINDINGS OF FAGT, CONCLUSIONS OF LAW AND DECTSION & ORDER
CASE NO(S). AZ-06-022 / PP-06-022 • PACIE 3 of 4
I
~
By action of~the City Council at its regular meeting held on the ~ day of
2006.
COUNCIL MEMBER SHAUN WARDLE VOTED_,5 G~~C-
COUNCIL MEMBER JOE BORTON VOTED_~~~--
COUNCII.IVIEMBBR CHARLIE ROUNTREE VOTED__~y~-
COUNCIL MEMBER KETTH BIRD VOTED_~~
TIE BREAKER
MAYOR TAMMY de WEERD VOTED '~~
' ~~ ~/' ~,D~G'~`\ ~ ''I
ATTEST: ~ o
. . . ~ - ~...i ' ~ _
. /'~ iYi.i; ...::..1 =
~ 7 ~
WII.LIAM G. BERG, JR., TI'Y , ~~r ~st ,%~~ ~~
.
,, .
p,~,~~ ~ ~,
~ ~~~~~~i~~~~„-'~~IN FTY'`,``~~~`~`~
Copy served upon: ~~ _~ Applicant
~_ Planning Deparnnent
' / Public Works Department
' -~ City Attorney
i
By: Dated: ~-q "'~
ity Clerk's Office
CTCY OF MERIDIAIJ FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-06-022 / PP-06-022 - PAGE 4 of 4
CITY OF MERiDIAN PLANNING pEPARTMENT STAFF REPORT FOR TFIE HEARiNG DATE OF NLY 18, 2006
STAFF YtEPORT j Hearing Date: 7/18/2006 ~„
~ ~m ~F ~~
TO: Mayor & City Council , _ _ ~~,
FROM: , C. Caleb Hood P/~~j~ ~ ~~
Current Planning Manager t~ iu.~rs~ ~
Meridian Planning Deparhnent ~
_I1~.w w ~ ~' r ~
' 208-884-5533 ~~
SUBJECT: Prato Villas Subdivision
~ AZ-06-022
Annexation and Zoning of 10.16 acres from RLTT (Ada County) to
R-4 (Medium Low-Density Resideatial).
PP-06-022
Preluninary Plat approval of 30 single-family residential building lots and 4
common lots on 9.97 acces in a proposed R-4 zone, by Briggs Eagineering,
Inc.
1. SUMMARY DESCRIPT'ION OF APPLICANT'S REQUES'I'
The applicant, Kevin Harris of Briggs Enginecring, Iac., has applied for Annexation and Zoning
(AZ) to R-4 (Medium Low-Density Residential) for 1U.16 acres of property currenfly zoned RUT
in Ada County. The site is located on the noith side of Daphne Street, approximately 600 fcet
north of McMillan Road, east of Black Cat Road. Currently, there are two single-family homes
and associated outbuildings on this site. Both of the existing homes will be moved/removed. The
site is composed of two tax parcels commonly lmown as Lots 6 and 7, Block 2, Black Cat Estates
Subdivision #2. The subject property is within the Urban Setvice Planning Area.
2. SUMMARY RECOA~IIVIENDATION
The subject applications (AZ and PP) were submitted to the Planning Department for concurrent
review. Below, staff has provided a detailed analysis atid recommended conditions of approval
for the requested Annexation and Zoning and Preliminuy Plat applications. Staff is
with the conditions listed in Exhibit B of the Staff Revort. The Meridian Planuin~d Zoning
a~plicatious~
~
a. Summary of Commission Public Hearing:
i. In favor: Kevin Harris, Briggs Engineering
ii. In opposition: None
'-u, Commenting: None
iv. Staffpresenting application: Caleb Hood ~
v. Other staff commenting on application: Mike Cole
b. Key ~Yssnes of Discussian by Commission:
i. Amending Block 3 to have 61ots and an open space area in the middle;
ii. Other development in this area; and,
iu. Timing of sewer availability to this site.
c. Key Commisston Cfiangea to Staff Recommenda~on:
i. Recommended approval of a revised pr~liminary plat that shows 6 buildable lots
, (21ess than originally pmposed) in Block 3, and a common open space area with
Preto Villas Subdivision AZ-06-022/PP-06-022 PAGE 1
t
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING AA7E OF NLY 18, 2006
' an irtigation easement in it. NOTE:
i submit revis~i copies of ihe prelimi
' the hearing~~n 7une 8, 2006 .the aQ
~~ x~yement for copies of thesevise
has been included within the sub'ec
d. Ontstanding Issue(s) for City Council:
i. None.
~
eC
n~y olat n
~
lat. The
G Staff Reni
ii~sion required the anplicant to
~flecting the changes made duru
~plied with the Commission's
revised elat,_dat~ 7une 2. 2006
>rt in Exhibit A.
3. PROPOSED MOTION (to be considered after the public hearingJ
Approval j
After considering all stat~, applicant and public testimony, I moye to approve File Numbers AZ-
06-022 and PP-06-U22 as presented in staff r~ort for the hearing date of July 18, 2006 with the
following modifications: (Add any proposed modifications.)
Recommend Denial
After considering all staff, applicant and public testiraony, I raove to deny File Numbers AZ-
06-022 and PP-06-022 as presented during the hearing on July 18; 20Q6 for the following
reasons: (You should state specific reasons for denial of the annezation and you must state
specific reasqn(s) for the denial of the plat.)
Continuance
I move to continue File Nwnbers AZ-06-022 and PP-06-022 to the hearing date of (insert
continued hearing date here) for the following reason(s): (You should state specific reason(s)
for condnuarice.)
4. APPLICATION AND PROPERTY FACTS
a. Site Address/Location: 4052 and 42U2 W. Daphne Strcet; north of McMillan Road and
east of Black Cat Road in Section 27, Township 4 North, Range 1 West
b. Owners: ~
Chad Colbent, Gerald Saxton, Kent Pintus
3325; W. Jacobastor Way
S. Jordan, UT 84088
c. Applicant:
Kevin Harris, Briggs Engineering, Iac.
1800; W. Overland Road
Boise, ID 83705
d, Represe~ative: Kevin Hazris, Briggs Engineering
e. Present Zoning: RUT (Ada County)
f. Present Comprehensive Plan Designation: Low Density Residential
g. Description of Applicant's Request: The applicant is requesting concurrent approval for
Annexation and Zoning of the subj ect 10 acres to R-4 and Preliminary Plat approval of 32
single-family buildable lots and 3 common lots. All of the homes within the development aze
proposed to be siagl~family detached. The average lot size in the proposed development is
9,954 square feet. The gross density of the proj ect is 3.2 dwelling units per acre.
Erato Villas Subdivision AZ-06-022/PP-06-022 PAGE 2
CITY OF MERIDIAN PLANNIN(3 DEPARTMENT STAFF REPORT FOR THE HEARMG DATE pF JULY l g, 2006
Approxirnately six percent of thc site is beiag set aside for open space.
1. Date af preliminary plat (attached in Exhibit A): 3/14/06 revised 6-02-0
2. Date of landscape plan (attached in Exhibit A): 3/1/06
5. PROCESS FACTS
a. The subject application will in fact constitute an annexation as determined by City Ordinance.
By reason of the pmvisions of the Meridian City Code Title 11 Chapter 5, a public he~aru~g is
required before the City Council on this matter.
b. The subject application will in fact constitute a preliminary plat as determined by City
Ordinance. By reason of the provisions of the Meridian City Code Tide 11 Chapter 5 a public
hearing is .required beforo the City Council on this matter. '
c. Newapaper notifications published on: May 15"' and 29~, 20U6 (for Planning & Zoning
Comrnission hcaring), and June 26'~ and July 10`h, 2006 (for City Council hearing)
d. Radius notices mailed to properties within 300 feet on: May 5`~, 2006 (for Planning &
Zoning Commission hearing) and June 23'~, 2006 (for City Council hearing)
c. Applicant posted notice on site by: May 22ed, 2006 (for Planning & Zoning Commission
hearing), and July 8'~, 2006 (for City Council hearing)
6. LAND USE ~
a. Existiag Land Use(s): There aze two single-family homes and some associated outbuildings
on this site. The existing homes are to be moved/removed.
b. Description of Character of Surrounding Area; This area contains a xnix of five-acre
pazcels in Ada County, and developing subdivisions in the City. This area is rapidly
transitioning from rural to urban.
c. Adjacetrt Land Use and Zoning:
1. North: Approved single-family lots within Volterra Subdivision, zoned R~
2. Fast: Approved singl~family lots within Voltecra Subdivision, zoned R-4
~
3. South: Single-family homes on lazge parcels, zoned RUT (Ada County)
4. West: Single-family homes on large parcels, zoned RUT (Ada County)
d. History of Previous Actions: None.
e. Existing Constraints and Opportunities:
1. Putilic Works:
Locatioa of sewer: This property is currently not sewerable. It would
; ultimately sewer to the North Black Cat Trunk. •
Location of water: This property does not curreatly have water service. It
would ultimately receive water service from Volterra Subdivision to the east of
off-site mains installed to the south.
Issues or concerns: This property is not currently serviceable by City of
Meridian sewer or water.
The large gravity irrigation easement noted on the preliminary plat may render a
Prato Villas Subdivisioa AZ.06-022/PP-06-022 PAGE 3
CITY OF MERIDiAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NLY l8, 2006
; large portion of some lots useless.
2. Canals/Ditches Irrigation: There are a few irrigation ditches and drains that traverse
through this site. All apen irrigation ditches, latcrals and canals, should be tiled when
ttiis property develops.
3. Hazards: No hazards have been identified on this site.
~. Proposed Zoning: R~3 (Medium I.ow-Density Residential)
S. Size of Property: 10.16 acres
f. Subdivision Plat Informarion:
1. Residential Lots: 32 fori 'g~allyproposed, 30 ap r~„oved)
2. Non-residartial Lots: 0
3. Total Building Lots: 32
~
4. Qommon Lots: 3(originallyproposed. 4 approved)
5. Other Lots: 0
6. Total Lots: 35 (ori '~~nallv nronosed. 34 approved)
7. Gross Density: 3:~ units per acre (net density is 4.U d.u./acre)
8. Minimum House Size: 1,700 square feet
g. Landscaping
1. Width of street buffer(s): N/A
2. Width of bui~'e~{sj between land uses: N/A
3. Percentage of site as open space: 0.64 acres/6.42°/a (orieinal y pro~osed. added
12. 273 square feet with revised ~lat)
4. Other landscaping standards: Pazkway areas are to be 8-feet wide and contain
Class II trees to be counted as comrnon open space (UDC 11-3A-17E).
h. Amenides: Pazkways with detached sidewallcs.
i. Off-Street Parldng: UDC 11-3C-6 requires single-family detached dwellin~gs to have 2
enclosed parking spaces (a garage) and a 20' x 2Q' parlcing pad in front of each garage.
j. Proposed and Required Residential Standards:
~ ~
Setbacks (in feet) Pmposed Required
Front Y,iving Area (to sidewalk) 15 15
~ Side Accessed Gazage (to sidewalk) 15 15
Front Accessed Garage (to sidewalk) 20 20
Side 5 5
Reaz 15 15
Frontage 60 60
Lot Size 8,40U 8,000
Prato Villas Subdivision ~AZ-06-022/PP-06-022 PAGE 4
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR TNB HEARlNG DATE OF TULY 18, 2006
k. Proposed. and Required Non-Residential: N/A
Sumn~ary of Proposed Streets and/or Access: The applicant is proposing to construct a
public street, Prato Avenue, to intersect Daphne Street. The applicant is proposing to extend a
public stub street from Volterra Subdivision, Wapoot Avenue, from the east, The applicant is
also proposing to provide a public street stub to the 5-acre lot to the west. All of the internal
streets are local streets with 36-feet wide street sections (measured back of concrete ribbon
curb to back of concrete ribbon curb) and contain 4-foot wide detached sidewalks within 60-
feet of right-of-way. Staff is generally supportive of the proposed street system. ACFID has
submitted comments and conditions back to the City for this project. ACHD's condirions are
included in Eahibit B.
7. CODIlI~NTS MEETING
On May 12, 2006, a joint agency and departments meeting was held with service providers in this
azea. The agencies and departments present include: Meridian Fire Department, Meridian Parks
Deparpment, ~Meridian Public Works Department, Meridian Police Department, and the Sanitary
Services Company. Staffhas included comments, conditions and recommended actions in
Exhibit B below.
8. COMPREHENSIVE PLAN POLICIES AND GOALS
This property is designated "Low Density Residential" on the Comprehensive Plan Future Land
Use Map. Low density residential areas are anricipated to contain up to three dwellings per acre
(see Page 95 of the Comprehensive Plan.) The proposed Preliminary Plat includes 32 single-
family lots on 10 acres for a gross density of 3.2 dwelling units/acre. The proposed density is
above the anticipated density for this area. Staff is recommen~~,that the anAlicant remove at
[~ast two of the orooosed lots. so the deg,~~ty of this development complies with the
Co~,~rehensive Plan.
Staff finds the following Comprehensive Plan policies to be applicable to this property and apply
to the proposed development (staff analysis in italics below policy):
Chapter VII, Goal III, Objective A, Action 1- Require that development projects have planned
for the provision of all publie services.
When ihe City established its Area of City Impact, it pl4nned to provide City services to the
subjectproperty. The City ofMeridian 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 ihe project at the developer s
expense.
~ The subject lands currently lie within the jurisdiction of the Meridian Rural Fire Districr.
Once annexed the lands will be under the jurisdietion of the Meridian City Fire
Department, who currently shares resource and personnel with the Meridian Rural Fire
Department.
• Tlre subject lands currently lie within the jurisdiction of the Ada County Sheri,f,~'s O, f,~ce,
Once annexed the lands will be serviced by the Meridian Police Deparnnent (MPD).
~ The roadways adjacent to the subject lands are currently owned and maintained by the
Ada County Highway Distrtct (ACF~). This service will not change.
• The subject lands are currently serviced by the Meridian School Distrrct #2. This service
will not change.
Prato Villes Subdivision AZ-06-022/PP•Ob-022 PAGE S
CJTY OF MERIDIAN PLANNINd DEPATtTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 18, 2006
The subject lands are currently serviced by the Meridian Library DistricG This service
will not chonge and the Meridian Library District should su~j''er 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 Works Department, the Meridian Water Department, the Meridian Wastewater
Department, the Meridian Planning Deparhnent, Meridian Utility Billing Services, and Sanitary
Services Company, '
Chapter VI, Goal II, Objtctive A, Action 3- Consider "Accommodating Bicycle and Pedestrian
Travel: A Recommended Approach" from the National Center for Bicycling and Walldng 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 co~rverrient.
Sta„8''believes that the subject applications comply with the policies listed in the literature noted
above.
Chapter VI, Goal II, Objecrive A, Action 6- Require street connections between subdivisions at
regulaz interdals to enhance coanecrivity and better traffic flow.
The submined preliminary plat proposes to extend the one stub street currently provided to this
property from the east. Irr addition, one stub street is being proposed to the western parcel that is
currently zoned in Ada County RU7; which sta,JJ`'anNcipates will re-develop in the near future.
Sta,~f'believes that the applicant has done a nice job of connecting and extending the existing stub
street as well as providingfor future connectivity to the east and west.
Chapter VI, Goal II, Objective A, Action 13 - Review new development for appropriate
opportunities to connect to local roads and collectors in adjaceat developments.
See analysis above.
' Chapter VII, Goal I, Objective D, Action 9- Require new residential development to provide
permanent perimeter fencing to contain construction debris on site and prevent windblown debris
from entering adjacent agricultural and other properties.
The applicant is proposing to construct a six foot tall closed fence around the boundary of this
development. ~Prior to house construction, fencing should be consm~cted around the perimeter of
thrs site. See Analysis below and Exhibit B for more information.
Chapter VI, G'roal II,'Objective A, Action 5- Require pedestrian access conn~tors in all new
development ~to link subdivisions together to promote neighborhood connectivity as part of a
community pathway system.
T7re applicant is proposing to construct four joot wtde sidewalks adjacent to all ojthe proposed
streets, whicli connect to adjacent properties. Sta~is supponive of the proposed pedestrian
connections. ~
Chapter VII, Goa1 N, Objective C, Action 6- Require pedestrian access in all new development
to link subdivisions together and promote neighborhoud connectivity.
Prato Villas Subdivisian AZ-06-022/PP-06-022 PAGE 6
CITY OF MERTDTAN PLANNQdG DEPAR'Ii~RENT STAFF REPORT FOR THE HEARING DATE OF JULY 18, 200b
See above.
Chapter VII, Goal N, Objective C, Action 1- Proteci existing residential properties Gom
incompatible land use development on adjacent pazcels.
The applicant is proposing a residerttial zone. Staff ftnds that the existing single family
residential properties to the north, south, east and west, are compatible with the proposed
development.
Chapter VII, Goal I, Objective D, Action 8- Require new urban density subdivisions which abut
or are proxitnal to ezisting low densiry residential land uses to provide landscaped screening or
transitional densifies with larger, more comparable lot sius to buffer the interface between urban
level densities and nual residential densities.
Sta, fy'recognizes that there are some ezisting low density residennal land uses to ihe west and
south. The applicant is proposiRg to construct a six foot tal! privacy fence around this
development to screen this subdivision jrom the larger parcels. Funber, most of the larger lots in
the subdivision are on the perimeter of the development, providing a transition from the large
county parcels to the interncel snialler lots. Sta, fj'ftnds that the proposed fencing should provide
enough screening between the proposed urban development and the rural residences surrounding
it. Staff recommends that the Commission and Council rely on any written or verbal testimony
provided froin neighbors when determining if additional screening or more transition in density
is appropriate.
Staff believes that if at least hvo builda6le lots are removed (providing a gross density of 3.0
dwellings/acre), rhe density and zoning for this property would be appropriate. Staff recommends t/rat
the Commission and Counci! rely on any verbal or written testimo~ry that may be provided a! the public
hearing when determining if the applicant's zoning and development request is appropriate for this
property.
9. UNIFIED DEVELOPMENT CODE
a. Schedule of Uses: Unified Development Code (LTDC) 11-2-1 lists single-family detached
homes as permitted uses in the R-4 zoning district.
b. Purpose Statement of Zone:
R-41Kedium Low-Density Residential: The ptupose of the residential disaicts is to
provide for a range of housing oppomtnities 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 deasity of
dwelling units per acre and correspanding housing types that can be accommodated
within the density range,
c. General Standards: All of the proposed lots comply with the standard street frontage and lot
size requirements of the R-4 zone established in the UDC. No dimensional modifications aze
being requested for the proposed development_
10. ANALYSIS
a. Analysis of Facts Leading to Staff Recommendation:
Prato Villes Subdivision AZ.06-022/PP-06•022 PAGE 7
CI1Y OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR TF~ HEARING DATE OF JULY 18, 2006
1, AZ Application: Based on the policies and goals contained in the Comprehensive
P,lan,'staff believes that the requested R-4 zone is appropriate for this property. Please
see Exhibit D for detailed analysis of the required facts and findings for annexation.
The annexation legal description submitted with the application (stamped on March
22, 20U6 by Wayne K. Barber, PLS) shows the property as contiguous to the existing
corporate boundary of the City of Meridian.
Special Considerations:
Develonment Agreement: UDC 11-SB-3.D.2 and Idaho Code § 65-6711A
provides the City the authority to require a property owner to enter into a
Development Agreement (DA) with the City that may require some written
commitment for all future uses. Staff believes that a DA is necessarv to ensure
that this pro~erty is developed in a fashion that is consistent with the
comprehensive nlan desienation and dces not nesativ_ely impact nearbv
pronerties.
Prior to the annexation ordinance approval, a Development Agreement (DA)
shall be entered into between the City of Meridian, property owner (at the time of
annexation ordinattce adoption), and the developer. The ap~licant shall contact
the Citv Attorttev. Bill Narv. at 888-4433 to inidate thisprocess. The DA shall
- incorporate the following: ~
• That all future uses shall not involve uses, activities, processes, matenials,
equipment and cAnditions of operation that will be dotrimental to aay
persons, propejty or the general welfare by ceason of excessive
; production of traffic, noise, smok,e, fumes, glare or odors.
• That all future development of the subject property shall be consicucted
' in accordance with City of Meridian ordinances in effect at the time of
development.
• That the applicant will be responsible for all costs associated with the
; sewer and water service extension.
• That any existing domestic wells and/or septic systems within this
; project will have to be removed from their domestic service, per City
Ordinance Secrion 5-7-517, when services are available from the City of
Meridian. Wells may be used for non-domestic pucposes such as
landscape irrigation.
• That the following shall be the only allowed uses on this pmperty:
, single-family detaehed homes and allowed accessory uses of the R-4
zone. ~
• That a maximum of 30 single-family building lots will be platted on this
{ property.
• That prior to issuance of any building permit, the subject property be
, subdivided in, accordance with the City of Meridian Unified
Development Code.
2. PP Application: 'The proposed preliminary plat substantially complies with the
Unified Development Code.
Special Considerations:
Prato Villas Subdivision AZ-0Cr022/PP-06-022 . PAGE 8
CTTY OF MERIUiAN PI.ANNiNG DEPARTMENT STAFF REPORT FOR'fH6 FiEAR1NG DATE OF JULY 18, 2006
Density/Ooen Space: As noted previously in this report, this area is desi~ated for low
density residential uses. Low density residenrial is defined as up to three dwelling
units per acre. The submitted plai has a gtoss density of 3.2 dwelling units per acre.
There are existing rural lots to the west and south of this site. Therefore, staff is
recommending that at least two lots: Luts 4 and 5, Block 3 be removed. This will place
the density of the development at 3.0 dwelling units per acre, consistent with the
Comprehensive Plan. .
UDC 11-3G 3A1 requires at least S% of the total land area to be set aside for common
open space in single-faznily developments. Pazkways and street buffers as desigaed by
the applicant do count towazds the vpen space requirement. However, because two lots
should be removed from this development, staff recommends that that area be set
aside for a park area. Because they are centrally located, staff recommends that a
majority of Lots 4 and 5, Block 3, be used for a common park area for the
homeowners' within this development.
Landscaping:, The landscape plan prepared by Jensen Belts, Associates, on 3-1-06, is
approved with the following modifications/notes:
• Per UDC 11-3G-3A, set aside at least 6% (U.6 acres) of the site for useable
open space, as proposed.
• 7ncorporate portions of Lots 4 and 5, Block 3, into a common park area. Per
UDC 11-3C3-3E1, at least one deciduous shade tree per every 8,000 square
feet of common open space should be planted, and common areas should be
improved with lawn, either seed or sod.
• Per UDC I 1-3B-10, the applicant should work with the City Arborist, Elroy
Huff, on desi~ing, adopting, and implementing a protection and mitigation
plan for the existing trees on site.
• A written certificate of completion should be prepared by the landscape
architect, designer, or qualified nurseryman responsible for the landscape
, plan. All standards of installation should apply as listed in UDC 11-3B-14.
Submit copies of a revised landscape plan, reflecting the changes/notes mentioned
above, with the final plat application(sj.
Stub Streets: The applicant should be required to extend the public stub street from the
east, Wapoot Street and provide a public stub street to the Knudsen property to the
west (Parcel #R09820101 UO) as proposed.
Existinrt ResidencesBuil inQS~ The site currently contains multiple buildings. All
existing buildings shall be located/re-located in accordance with the building setbacks
of the R-4 zone, prior to signature of the Snal plat by the City Engineer.
enc' • The applicant is proposing to consriuct 6-foot solid fencing along the entire
perimeter of tlte site. A detailed fencing plan should be submitted upon application of
the final pla~ If permanent fencing is not provided before issuance of a building
permit, temporary construction fencing to contain debris must be installed around tkie
perimeter. Perimeter, common open space, and micro-path /mulri-use fencing shall be
designed according to UDC 11-3A-'7.
Ptato Villas Subdivision AZ-06-02?JPP-06-022 ~ PAGE 9
CITY OF MERIDIAN PLANNlPIG DEPARTMENT STAEF REPORT FOR THE HEARING DATE OF M,Y 18, 2006
Common Areas: Maintenance of all common areas shall be the responsibility of the
Pcato Villas Home Owners' Association.
Ditches Laterals and Canals• Per UDC 11-3A-6 all irrigation ditches, laterals or
canals, exclusive of any natural waterway, that intersect, cross ar lie within the area
being subdivided shall be covered.
Pressure Irriaation; The City of Meridian requires that pressurized irrigation syst~ms
be supplied by a year-round source of water. The applicant should be required to use
any elcisting surface or well water for the prImary source. If a surface or well source is
not available, a single-point connecrion to the culinary water system shall be required
If a single-point connection is usal, the developer will be responsible for the payment
of assessments for the common areas prior to signature an the final plat by the City
EnBineer• An underground, pressurized irrigation system should be installed to all
landscape areas per the appmved specifications and in accordance with UDC 11-3A-
15 and MCC 9-1-28.
b. StaffRecommendation: Staff recommends approval of the subiect applications A7r06
022 and PP-06-022, with the conditions listed in Exhibit B of the Staff RepoR for the he~n~e
date of June 1. 2U06. On June 1. 2U06 the Meridian Plann; 8t Zonin~ Commission voted to
reeommend atinroval of the subject avolications with the conditions listed in F,xhibit B below
On Jalv 18. Z006 the Meridian Citv Co}~ne~vo~g~ to auarove the snbiect sonHcations
11. E~~TTS
A. Drawings'
1. Prelinunary Plat (dated: 3-14-06) Revised Ob-02-Q6
2. Landscape Plan (dated: 3-1-06)
B. Conditions of Approval
1. Planning Department
2. Public Worlcs Dcpartment
3. Fii~e Department
4. Police Department
5. Parks Department
6. Sanitary Service Company
7. Ada County Highway District
8. Central District Health Department
9. Settlers' Irrigation District
C. Legal Description
D. Required Findings from Unified Development Code
Prato Villas Subdivision A~06-022/PP-06-022 PAQE 10
CITY OF MFRfDiAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF lULY 1 S, 20Q6
A. Drawings
1. Prelizninary Plat (dated: 3-14-0~ Revised 06-02-06
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Exhibit A- Page 1
ClTY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NLY 18, 2006
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Exhibit A - Page 2
C[TY OF MERID[AN PLANNING DEPARTMENT STAFF REPORT FOR T[iE HEARlNG DATE OF JANUARY 19, 2006
B. Conditioqs of Approval
1. Planning Department
ANNEXATION PROVISIONS
~ T,he avolicant shall be reauired to enter into a Develop~nent AQreement with the Citv for this
pronertv. The arovis~ons far said Develorn~ent Aereement can be fot~nd in Sec 'on 10 of the Staff
' Rgp~rt for the hearmQ c~te of Julv 18. 2006.
~ 1.1 STTE SPECIFIC REQUIREMENTS-PRELIMINARY PLAT (PP-06-022)
~ 1.1.1 Th@ preliminary plat labeled as Sheet 1 of 1, prepar~ed by Briggs Engineering, Inc., dated June 2.
' 2006 is approved, with the conditions listed herein. The revis,sd prel~minar~plat shows two l~ss
~ buildine lots than were orieinally, proposed agd an,~pen soace in Block 3 between the
r~ mno_ ep~ r ed 6 buildable lots AU comments and conditions of the accompanying
: Annexation and Zoning (AZ-06-022) applicarion shall also be considered conditions of the
Preliminary Plat (PP-06-022)
a
1.1.2 The landscape plan prepared by Jensen Belts, Associates, on 3-1-06, is approved with the
~ fotlowing modifications/notes:
• Per UDC 11-3G-3A, set aside at least 6% (0.6 acres) of the site far useable
~ open space, as proposed.
; ~ Incorporate portions of Lots 4 and S, Block 3, into a common park azea. Per
UDC 11-3G-3E1, at least one deciduous shade tree per every 8,000 square
. ; feet of common open space should be planted, and common areas should be
improved with lawn, either seed or sod.
' • Per UDC 11-3B-10, the applicant should woik with the City Arborist, Elroy
Huff, on designing, adopting, and implementing a protection and mitigation
~ ; plan for the existing trees on site.
' ;• A written certificate of completion should be prepazed by the landscape
' , architect, designer, or qualified nurseryman responsible for the landscape
; ~ plan. All standar~ds of installation should apply as listed in UDC 11-3B-14.
, Where the applicant has submitted a prelizninary laadscape plan and where staff has reviewed
such plan, the landscaping shall be consistent with the preliminary plan with modifications as
, proposed by staff. T'he proceeding modificarions and notes should be shown on a revised
. landscape plan submitted with the final plat application(s).
; 1.1.3 Remove at least two lots from the plat to allow a maximum of 30 dwelling units on the subject
; property. This will place the density of the development at 3.U dwelling units per acre, consistart
with the Comprehensive Ptan. Pottions of Lots 4 aad 5, Block 3, shall be incorporated into a
~ common park lot for the homeowners.
1.1.4 Extend the public stub street &vm the east, Wapoot Street and provide a public stub street to the
Knudsen property to the west (Parcel #RU982010100) as proposed.
+ Exhibit B - Page 1
~ CiTY OF MER[DIqN PLANNlNC} DEPARTMENf STAFF REPORT FOR THE HEARING DqTE OF JANUARY 19, 2006
~
i ;
1.1.5 Vacate or unprove the Joy Street cul-de-sac right-of-way. If the cul-de-sac is not vacated, prohibit
~ the lots within the subdivision from being double-fronted. All access to the homes within Prato
; Villas Subdivision shall be from internal streets and not Joy Street or Daplvne Street.
,
1.1.6 All buildings that span across proposed lot lines, or do not conform to the dimensional standards
(setbacks, height, etc.) of the UDC shall be removed, relocated or made to confoim to city code,
prior to signature of the final plat by ihe City Engineer.
1.1..7 Provide a 6-foot tall solid fence azound the perimeter of the development, as proposed. A detailed
fencing plan shall be submitted upon application of the final plat. If pezmanent fencing is not
provided before issuance of a building permit, temporary construction fencing to contain debris
must be installed around the perimeter. Perimeter, eommon open space, and micro-path fencing
- shall be designed according to UDC 11-3A-7.
' l.l .8 Maintenance of all common areas shall be the responsibility of the Prato Villas Home Owners'
~ Association.
I '
j 1.1.9 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, but exclusive of any natural wates~way,
; that intersect, cross or lie within the azea being subdivided ahall be covered. Plans will need to be
~ approved by the appropriate urigatioddrainage 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 abtained, altemate plans will be reviewed and
~ approved by the City Engineer prior to final plat si~aEure.
1.1.10 Uuderground, pressurized irrigation must be provided to all lots within this development.
1.2 GENERAL REQUIItEMENTS-pRELIMINpRy pLAT (PP-06-022)
1.2.1 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(s).
1.2.2 Sidewalks shall be installed withia the subdivision and on the perimeter of the subdivision
pursuant to iTDC 11-3A-17.
1.2.3 All areas approved as opea space shall be free of wet ponds or other such nuisances. All
stormwater detention faeilities ineorporated into the approved open space are subject to UDC 11-
3A-18 and shall be fully vegetated with grass and trees. Sand, gravel or other non-vegetated
surface materials shall not be used in open space lots, except as permitted under UDC 11-3B.
Where the applicant has submitted a preliminary landscape plan and where staff has reviewed
such plan, the landscaping shall be consistent with the preliminary plan with modifications as
proposed by staff. If the stormwater detention facility cannot be incorporated into the approved
open space and shll meet the standards of UDC 11-3A-18, then the applicant shall relocate the
facility. This may require losing a developable lot or developable area. It is the responsibility of
the developer to comply with ACFID, City of Meridian and all other regulatory requirements at
the time of fiixal eonstruction.
1.2.4 Coordinate fire hydrant placement with tk~e City of Meridian Public Works Department.
1.2.5 Staffs failure to cite specific ordinance provisions or terms of the approved annexation and
conditional use does not relieve the applicant of responsibility for compliance.
Exhibit B - Page 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARQVd DATE OF JANUARY 19, 2006
1.2.6 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6B-7.
~
2. PubUc Works Department
2.1 Sanitary sewer service to this development is being proposed via extension of mains from the yet
to be installed North Black Cat Trunk The Black Cat trunk is not planned to be constnzcted until
approximatel'y 2008, and then this property would have to wait until other development in the
area would to bring it to this property. This property is currently not serviceable and the City of
Meridian does not guarantee sewer service or water service in the timelines outlined in the UDC.
2.2 Once available the applicant shall install all water and sewer maias necessary to provide service;
applicant shall coordinate main size and routing with the Public Works Departrnent, and execute
standard forms of easements for any mains that ate required to provide service. Minimum cover
over sewer mains is three feet, if cover from top of pipe to sub-g~ade is less than three feet than
altemate materials shall be used in conformance of City of Meridian Public Works Departments
Standard Specifications.
2.3 Any potential reimbursement agreements must comply with all requirements of City Code 9-1-13
and 9-4-19, which iacludes the preliminary a~eement (which includes footage, size, and depth of
reimbutsable'pige) being finalized prior to construcrion plan approval. The detailed agreement
with the reimbursable amount shall be approved by Council prior to plat signature.
2.4 The applicant has not indicated Settlers Irrigation District will own and operate the pressure
irrigation system in this proposed develvpment. A letter of plan approval shall be submitted prior
to scheduling of a pre-construction meeting.
2.5 The City of Meridian requires that pressurized irrigation systems be supplied by a yeaz-round
source of water (LTDC 11-3A-6). The applicant should be required to use any existing slu~face or
well water for the primary source. If a surfaee 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 Fn~ neer.
2.6 If a pressurized irrigation pump station is to be constructed on this site it shall be in its own lot.
2.7 Prior to signature on the final plat by the City Engineer the applicant shall submit documentation
from Settlers Irrigation District that the 35-foot irrigarion easement shall be allowed to be usable
by each individual lot.
2.8 All existing structures spanning lot lines or not meeting the dimensional standards in the UDC
shall be removed prior to signature on the final plat by the City Engineer.
2.9 Meridian Public Works specifications do not allow any large landscaping 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.
2.10 Any existing domestic wells and/or septic systems withiu this projeet shall be removed from
domestic service per City Ordinance Sectioa 9-1-4 and 9-4-8. Wells may be used for non-
domestic purposes such as landscape urigation.
2.11 All irrigation, ditches, laterals or canaLs, exclusive of natural waterways, inte~ecting, crossing or
lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6.
Plans shall 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.
If lateral useis association approval can't be obtained, alternate plans shall be reviewed and
appmved by the Meridian City Engineer prior to final plat signature.
Exhibit H - Pagc 2
C1TY OF MERIDIAN PLANNII~lC3 DEPARTMENT STAFF REPORT FOR TFiE HEARMG DATE OF JANUARY 19, 2006
2.12 Street signs are to be in place, water system shall be approved and activated, fencing installed,
drainage lots~ constructed, road base approved by the Ada County Highway District and the Final
Plat for this subdivision shall be recorded, prior to applying for building permits.
2.13 A letter of credit or casfl surety in the amount of 110% will be required for all uncompleted
fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to
signature on the final plat.
2.14 All development improvements, including but not limited to sewer, fencing, micz-o-paths,
pressurized imgation and landscaping shall be installed and approved prior to obtaining
certificates of occupancy.
2.15 Applicant shall be required to pay Public Works development plan review, and construcrion
inspection fees, as detezinined during the plan review proce,ss, prior to signature on the final plat.
2.16 It shall be the responsibility of the applicant to ensure that all development features comply with
the Americans with Disabilides Act and the Fair Housing Act.
2.17 Applicant shall be responsible for application and compliance with and NPDES Permitting that
may be required by the Environmental Protection Agency.
2.18 Applicant shall be responsible for application and compliance with any Section 404 Permitting
tbat may be required by the Army Corps of Engineers.
2.19 Developer shall coordinate mailbox locations with the Meridian Post Office. Where mailboxes
are located on or near sidewalk the applicant shall comply with all American with Disabilities Act
requirements for unobstructai sidewalk access.
2.2U Compaction Eest results shall be submitted to the Meridian Building Department for all building
pads receiving engineered backfill, where footing would sit atop fill material.
2.21 The engineer shall be required to certify that the street centerline elevations are set a minimum of
3-feet above the lughest established peak groundwater elevation. This is to ensure that the bottom
elevation of the crawl spacea of homes is at least l-foot above.
2.22 One hundred watt, high pressure sodium streetlights shall be required at locations designated by
the Public Works Department. Height for lU0 watt fixlures is 25-feet, height for 25U watt fixtures
is 30-feet. All streetligbts shall be installed at snbdivider's expense. Typical locations are at street
intersections and/or fire hydrants. Final design locations and quantity are determined after power
designs are completed by Idaho Power Company. The street light contractor shall obtain design
and permit from the Public Works Department prior to commencing installations.
3. FYre Departmeat
3.1 One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for
duration of 2 houcs to service the entire project. Fire hydrants shall be placed an average of 500 feet
apart. Intemational Fire Code Appendix C.
32 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.
3.3 Final Appro'Val of the fure hydrant locations sball be by the Meridian Fire Departmern.
a. Fire Hydrants shall have the 4'h" 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 hydra.nt markers shall be provided per Public Works specifications.
Exhibit B = Page 2
CITY OF MERIDIAN PLANNING DEPARTMENT ST/lFF REPORT FOR TF~ HfiARING DATE OF JANUA1tY I9, 2006
d. Fire Hydrants shall be placed on corners when spacing pemuts.
e. Fire~hydrants shall not have any vertical obstructions to outiets within 10'.
f. Fire hydrants shall be place 18" above finish grade.
g. Fire hydrants shall be provided to meet the requirements of the IFC 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.
3.4 All entrance and internal roads and alleys shall have a huning radins of 28' inside and 48' outside
radius.
3.5 No parldng will be allowed adjacent to Lots 5-8, Block 1. Said area shall be signed "I~To Pazking"
in accordance with Appendix D Sactiott D103.6 Signs.
3.6 Opeiational fire hydrants, temporary or permanent street signs and access roads with an all
weather surface aze required before combustible construction is brought on sxte.
3.7 The proposed 32-lot subdivision with an estinaated 2.9 residents per household would have a total
estimated popularion of 93 residents at build out.
3.8 Where a gortion of the facility or building hereafter cot~ct~ucted or moved into or within the
jurisdiction is more than 400 fe.et (122 m) from a hydrant on a fire appazatus access r~ad, as
measured by an approved route around the exterior of the facility or buildin.g, on-site fire hydrants
and mains shall be pravided where rcqaired by the code official. For buildings equipped throughout
with an approved automatic sprinkler system installed in acco~+dance ~,,,ith Secrion 903.3.1.1 or
9U3.3.1.2 the distance requirement shall be 600 feet (183).
For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183
m):
For buildings equipped throughout with aa approved automatic sprinkler system installed in
accordance with Section 9U3.3.1.1 or 903.3.1.2, the distance raquirement shall be 600 feet
(183 m).
4. Police Departrnent
4.1 No comments.
5. Parks Deparhnent
5.1 Standard for Mitigation of trees: The standazd established in tlie City of Meridian La.o,dscape
Ordinanee will be followed.
5.2 Standard Plan for Protection of Existing Trees duxing Construction: The standat+d established in
the City of Meridian Landscape Ordinance will be followed.
6. Sanitary Servlce Company
6.1 SSC has no comments related to ttus application.
7. Ada Connty IIighway District
6xhibit B - Pagc 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 19,1006
Si#~S~if~c'Conditions ofApproval ~
1. Construct an entry road, North Prato Avenue, intersecting West Daphne Street located
approximately 180-feet west of NorthJoy Street (measured centerline to centerline).
2. Vacate or improve the l~uckle at the intersection of North Joy Street and West Daphne Street.
3. Locate the internal roadways as proposed, receive a,pproval from Development Review staff to
utilize the proposed roadside infiltration swale street saction and enter into an agreement with
AC~ID prior to submitting full plans for a subdivision.
OR
If the site does not meet the standard criteria, construct the local sbreets as standard 36-foot street
sections with curb, gutter, and 5-foot concrete sidewallc within 50-feet of right-of-way.
4; Construct a stub street to the west, West Wapoot Street, located appmximately 143-feet south of
the northwest properiy line (measured property line to centerline). A sign shall be installed at the
ternunus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN TI~
F[JTIJItE".
S. Construct a stub street to the east, West Wapoot Street, located approximately 143-feet south of
the northeast property Iine (measured property line to centerline). This stub street shall align with
and connect to an approved public roadway within Volterra Subdivision to the east of this site. ~
6. Construct a minimum 29-foot street section at the lmuckle on either side of the island at the
intersection of West Donata Street and North Agata Avenue.
7. Comply with all Standard Conditions of Approval.
~in~ard Conditions.ofApprova!
1. Any existing irrigation facilities shall be relocated outside of the right-of-way.
2. Private sewer or water systems are prohibited from being located within any ACHD roadway or
right-of-way.
3. All utility relocadon costs associated with iznproving street frontages abutting the site shall be
bome by the developer.
4. Replace any existing damaged curb, gutter and sidewallc and any that may be damaged during the
construction of the proposed development. Contact Construction Services at 387-6280 (with file
number) for detafls.
5. Comply with the District's Tree Plantec Width Interim Policy.
6. Utility strcet cuts in pavement less than five years old aze not allowed unless approved in writing
by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for
details. ~
'7. All design and construction shall be in accordance with the Ada County Highway District Policy
Manual, ISPWC Standards and approved supplements, Construction $ervices procedures and all
Exfu'bit B - Page 2
CIT'Y OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 19, 2p06
applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the
State of Idalio shall prepare and certify all improvement plans.
8. The applicant shall submit revised plans for staff approval, prior to issuance of building permit
(or other required permits), which incorporates any required design changes.
9. Construction, use and property development shall be in conformance with all applicable
requirements of the Ada County Highway District prior to District approval for occupancy.
1 U. Payment of applicable road impact fees are required prior to building construction in accordance
with Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance.
11. It is the responsibility of the applicant to verify all existing utilities within the right-o~ way. The
applicant at no cost to ACHD sball repair existing utilities damaged by the applicant. The
applicant shall be required to call DIGLIlVE (1-800-342-1585) at least two full business days
prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffc
Operations 387-6190 in the event any ACHD conduits {spare or filled) aze compromised during
any phase of construction.
12. No change in~ the tecros and condirions of this approval shall be valid unless tb.ey are in writing
and signed by the applicant or the applicant's authorized representative and an authorized
represeatative of the Ada County Highway District. The burden shall be upon the applicant to
- obtain written confirmation of any change from the Ada County Highway District.
13. Any change by the applicant in the planned use of the property which is the subject of this
application, shall require the applicarit to comply with all rules, regulations, ordinances, plans, or
other regulatory and legal restrictions in force at the time the applicant or its successors in interest
advises the Highway District of its intent to change the planned use of the subject property unless
a waiver/variaace of said requirements or other legal relief is granted pursuant to the 2aw in effect
at the time khe change in use is sought.
8. Central District Health Deparhnent
8.1 After written approval from apprapriate e~ities are submitted, we can agprove ttris proposal for
central sewage and central water.
8.2 The foIlowing plans must be submitted to and appr~ved 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.
9. Settlere' IrrigaHon Distrtct
9.1 All irrigation / drainage facilities along with their easements must be protected and conturue to
function. The faciliries involved is the McMullen Sub-Lateral (20' easement), the Scrivner
Latetal (20' easement) and the East Ihain (20' easement). Contact SID for additional urigation
requirements.
9.2 A Land Use Change Application must be on file prior to any approvals.
Fxhibit B - Page 2
CITY OF MERIDUIN PLANNW(} DEPAR'iMENT STAFF REPORT FOR TH6 HEARQJd DAT& OF IANUARY 19, 2006
9.3 A license agr~, eement MLTST be signed and recorded prior to construction of any S.I.D. facilities.
9.4 Any changes to the existing urigation system such as relocation, tiling, and landscaping must be
appmved by Settlers Irrigation Dis~ict.
9.5 All storm drainage must be retained on-site.
9.6 The development must supply irrigation access to all lots within the above-mentioned
subdivision. If the developer wishes to have Settlers Irrigation District own, operate, and
maitttain the pressure urigarion system an agreement needs to be in place prior to the pre-
construction meeting.
9•7 This propercy receives all of its irrigation water from the Stewart Lateral, and is located within
Settlers Imgation Distriet.
Exhibit B - Pege 2
CITY OF MERIDIAN PLANNING DfiPARTMENT STAFf REPORT FOR THE HEARINO DATE OF )ANUAKY 79, Z006
i
C. Legal Description'
oescwanoN ~oR ~wt~canoN fio cmr o~ ~Ewnuw
aw~TO vtw~s suawvtaiaN ~
' ~a- 2~, zaos~
A PARCEL OF LqND BEINO A PORTtON OF WE31' DAPHNE SiR~ET qND ALL QF
LOTB 6 AND 7, ~LOCK 2, OF B1A(~ CAT ESTAlES NO. 2, AS RECQRpEO IN
BOOK 32 OF PLAT3, PA,GE 1945 AND 1948, AQA COl1MY REppRpERg OFFICE,
LOCATED IN THE $pUTH 1/2 pF THE 50tlTHW EST 1/4 OF 9ECT10~127,
T~WN&H~P 4 NOR'1'H, RIWGE 1 WE37, BOISQ MERIDIAN, ADA COUN7Y, IbIWO,
MORE PARTfCULARLYDE3CR18ED AS FOLLOWS:
CdMMENCING AT 7HE SOl1TFMfEST CORNER OF THE SW 114 OF SECT70N 27,
T., N.. R: t W., B,M..14DA COUNTY. ID/WO. THENC~ S 89'36'25' E Z853.fl6 FEET
~ TME SO~T~HFAST CORNER OF SAID SW 1/4 (SOt1TM 1!4 OORNER), TIiENGE
N 00'Z9'09' E 644.81 FEEf ALONG THE EA3T UNE OF SAIG SW 1!4 TO THE
SOUTFIEAST CORNER OF 7, BtOCK 2; OF BLACK CAT E9YATE$ Np. 2, q$
RECORDED IN BoOK 32 OF PWTS, PAGE 1945 AND 1948. ApA COUP(T,Y
RECORDERS OFFICE, TME RFAI. ppit~lT pF gEGiM~fING OF THlB SUBOIVISION:
TH~NCE N 89'18'40' W$29.57 FEET TQ A POIN'f ON THE NEW NORTHERGY
RIOMT OF WAY WEST DAPHNE STREET:
THENCE S 87•41'98' W b.82 FE~T TO THE CENTERLINE INT'ERSECTION 0~ WEST
~APNNE 9TREET ANO NOR'fH JOY S7REET:
TMENCE k 89•16'4S' W 335.40 FEET ALONG THE CENTERI.INE OF WEST DAPHNE
STREEf TO A POffYT; '
FOLI,OWING 7HE BOUNDAftIEB OF LOTS H AND T, 9LOCK •2, OF SAID BLqCK CAT
ESTATE9:N0. 2 A8 FOLLOWS:
THENCE N 00•25'14• E 680.25 pEET Tp A POINT ON 7HE NORTH LINE OF THE
91l2 OF SAIO SW 1/4; "
THENCE 8 B9•1T'29' E 8~.81 FEE'f ALON~ SAIO LINE~TO THE NORTHEAST
CORNER OF SAId S 1/2 (C31/18 CORNER):
TMENC~ S 00°20'42' W 68p:00 FEET 1'O A POINT TO THE REAL pO1NT OF
BEOINNING OF THI6 SUBQIVISlON.
SAtO PARCEI. CANTAIN{NG 1Q.16 ACRE$ MQRE O~t LE9S.
WAYNH K. BARBER,
P.L.S. 84t4
b~ ! US-Rev-Aancx.cloc
Exhibit C - Page l
° i
CffY OF MERIDIAN PLANNING DEPAR'IMENT STqFF REPORT FOR THE HEARING DATE OFlANUARY 19, Z006
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Exhibit C - Pega 2
CITY OF MERIDIAN PLANNIN-G DEPARTMENT STAFFREPORT FOR THE HEARlNG DATE OF lANUARY l9, 2006
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Exhibit C - Page 3
CITY OF MERiDIAN PLANNING DfiPARTMENT S"CAFF REPORT FOA THE HEARING DATE OF JANUARY 19, 2006
i
D. Required Findings from Unified Development Code
1. Annexation ~indings:
Upon recommendation from the Commission, tLe Coanc.il ahall mske a full investigation
and shail, at the publlc hearing, review the application. In order to grant an anneaation
and/or rezone, t1~e Council ehall make the following flndings;
1. The map amendment complies wit6 the applicable provisions of the comprehensive
P~~~ .
The applicant is proposing to zone all of the subject property to R-4. Council finds that
the proposed zoning map amendment complies with the applicable provisions of the
comprehensive plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the
Staff,Report.
2. The wap amendment complies with the regulstions outlined for the proposed
district, epecifically tlte purpose statement;
Council finds that future development of this propeity will comply with the established
regulations and purpose statement of the R-4 zone, if the applicant entezs iunto a
development agreement with the city. ~
3. The map amendment shall not be materiatly detrimental to the public Lealth, safety,
and welfare; -
Council finds that the proposed zoning amendment will not be detrimental to the public
health, safety, or welfare. Staff recomm~ends that the Commission and Council rely on
any oral or written testimo~ that may be provided when determining ttus findimg.
4. The map amendment shall not result in an adverse lmpact upon the delivery of
services by any poliNcai subdivision providing public services within the C~ty
including, but not limited to, school dlstricts; and,
Counc~l finds that the proposed zoning amendment will not result in any adverse itnpact
upon the delivery of services by any political subdivision providing services to this site.
5. The anuexation is in the best of interest of the CYty (UDC 11-5B-3.E).
T6e R-4 zoning amendment w'tll provide lots that are similar in nahue to existing
subdivisions in the near vicinity, and transitions well to the existing rural lots in the
vicinity. Council finds that all essential services are available or will be provided by the
developer to the subject property and will not require unreasonable expenditure of public
fimds. The applicant is pmposing to develop the land in general compliance with the
City's~ Comprehensive Plan. This is a logical expansion of the City limits. In accordance
with the findings listed above, ~ouncil finds at Annexation and Zonin of this prope~y
Lo R-4. would be in the best interest of the City if the applicant enters into a Development
~eseement (DA) with the City.
2. Preliurinary Plat Findings: ~
In conalderaHon of a prelimfinary ptat, combined preliminary and final piat, or short plat,
the decision-maldag body shall make the following flndinga:
Exhibit D - Page 1
CITY OF MERIDIAN ~LANNMO DEPARIMENT STAFF REPORT FOR THE HF.ARING DA7'E OF JANUARY 19, 2006
1. The plat is in conformance wtth the Comprehenaive Plan;
Council finds that the proposed application is in substantial compliance with the adopted
Comprehensive Plan. If the applicant revises the submitted plat to compIy with the
conditions listed in Exhibit B of the Staff Report, then the plat will comply with the
provisions of the Comprehensive Plan. Please see Comprehensive Plan policies aad
Goals, Section 8, end Analysis, Section 10 of the StaffReport. ~
2. Publlc services are available or can be made av~ilable and are adequate to
accommodate the proposed developme~;
Council fmds that public services are available to accommodate the proposed
development. (See E~ibit B of the Staff Report for more details from public service
providers.)
3. The plat is in conforatance with echeduled pablic rmprovements in accord with the
City's capital improvement program; , ~
Because the developer is installing sewer, water, and utilities for the development at their
cost, Council finds that the subdivision will not require the expenditure of capital
improvement funds.
4. Ttiere is public financial capability of snppordng services for the proposed
development; ,
Staff' recommends the Commission and Council rely upon comments from the public
service providers (i,e., police, fire, ACFID, etc.) to determine this finding. (See finding
Items 3 and 4 above undes pnnexation Findings, and the Conditions of Approval in
Exhibit B for more detail.) Couneil finds that there is public financial capability of
providing supporting services to the proposed development.
5. The development will not be detrimentat to the pubtic heslth, safety or general
welfare; and
Council is not aware of any health, safety or environmental problems associated with the
development of this subdivision. ACHD considers road safety issues in their analysis.
Staff recommends that the Comuiission aad Council reference any public testimony that
may be presented to determine whether or not the proposed subdivision may cause health,
safety or eavironmental problems of which staff is unaware.
6. The development preaervea significant natural, scenic or historic features.
Council is unaware of any natural, scenic or historic features on this site. Therefore,
Council Snds that the proposed development will not result in the destruction, loss or
datnage of any natural, scenic or historic feature(s) of major importance, Staff
recommends that the Cominission and Council reference any public testimony that may
be presented to determine whether or not the pmposed development may destroy or
damage a natural or scenic feature(s) of major itnportance.
Exhibit D - Page 2
CITY OF MERIDIAN ORDINANCE NO.
BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, WARDLE
AN ORDINANCE (AZ-06-022 PRATO VILLAS SUBDMSIOI~ FOR ANNEXATION
OF PROPERTY BEING A PORTION OF WEST DAPHNE STREET AND ALL OF LOTS
6 AND 7, BLOCK 2, OF BLACK CAT ESTATES NO. 2, AS RECORDED IN BOOK 32 OF
PLATS, PAGE 1945 AND 1946; ADA COUNTY RECORDERS OFFICE, LOCATED IN
THE SOUTH 1/a OF THE SOUTI3WEST'/a OF SECTION 27, TOWNSFIIP 4 NORTI3,
RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO AS DESCRIBED IN
ATTACHMENT ~~A" AND ANNEXING CERTAIN LANDS AND TERRITORY,
SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE
CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY
OF MERIDIAN; ESTABLISHING AND DETERMINING THE LAND USE ZONING
CLASSIFICATION OF SAID LANDS FROM RUT (ADA COUNTI~ TO R-4 (MEDNM-
LOW DENSITY RESIDENTIAL DISTRICT) IN THE MERIDIAN CITY CODE;
PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE
ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO
STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A
SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE
READING RULES; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF
MERIDIAN, COUNTY OF ADA, STATE OF IDAHO:
SECTION 1. That the following described land as evidenced by attached Legal Description
herein incorporated by reference as Exhibit "A" is within the corporate limits of the City of Meridian,
,
Idaho, and that the Ci ,ty of Meridian has received a written request for annexation and re-zoning by
the owner of said property, to-wit: Chad Colbent, Gerald Saxton, Kent Pintus.
SECTION 2. That the above-described real property is hereby annexed and re-zoned from
RUT (Ada County) to~R-4 (Medium-Low Density Residential District) in the Meridian City Code.
SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the
Ordinances of Lhe City of Meridian to annex and zone said property.
SECTION 4. That the City has complied with all the noticing requirements pursuant to the
laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and re-zone said
property. ~
~
SECTION 5. 'That the City Engineer is hereby d'uected to alter all use and area maps as well
as the official zoning maps, and all official rnaps depicting the boundaries and the zoning districts of
the City of Meridian in accordance with this ordinance.
ANNEXA'I'ION OF A~06-022 PRATO VILLAS SUBDIVISION Page 1 of 3
SECTION 6.~ All ordinances, resolutions, orders or parts thereof in conflict herewith are
hereby repealed, rescinded and annulled.
SECTION 7. ~, This ordinance shall be in full force and effect from and after its passage,
approval and publicat:ion, according to law.
SECTION 8. , The Clerk of the City of Meridian shall, within ten (10) days following the
effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a
draftsman manner, including the lands herein rezoned, with the following officials of the County of
Ada, State of Idaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file
simultaneously a certified copy of this ordinance and map with the State Tax Commission of the Sta.te
of Idaho.
SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the
Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading
in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full
force and effect upon its passage, approval and publication.
PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this
day of , 2006.
APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this
day of _ , 2006.
MAYOR TAMMY de WEERD
ATTEST:
WILLIAM G. BERG, JR., CITY CLERK
ANNEXATION OF AZ-06-022 PRATO VILLAS SUBDIVISION Page 2 of 3
STATE OF IDAHO, )
. ) ss.
County of Ada ~ )
,
On this day of , 2006, before me, the undersigned, a
Notary Public in and for said State, personally appeazed TAMMY de WEERD and WILLIAM G.
BERG, TR., known to me to be the Mayor and City Clerk, respectively, of the CITY of Meridian,
Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian
executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year first above written.
(SEAL) NOTARY PUBLIC FOR IDAHO
RESIDING AT:
MY COMMISSION EXPIRES:
ANNEXATION OF AZ-06-022 PRATO VILLAS SUBDIVISION Page 3 of 3