Archer Farm AZ 14-010ADA COUNTY RECORDER Christopher D. Rich 2014-065513
BOISE IDAHO Pgs=35 BONNIE 08/13/2014 01:35 PM
MERIDIAN CITY NO FEE
IIIIIIIIIIII IIIIIIIIIIIIIIII III III I I IN IIIII iI III
00010986201400655130350353
DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. Archer Farm Properties, LLC, Owner/Developer
THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into
this 1;�Z day of AygvS�` , 2014, by and between City of Meridian, a municipal
corporation of the State of Idaho, hereafter called CITY whose address is 33 E. Broadway Avenue,
Meridian, Idaho and Archer Farm Properties, LLC, whose address is 701 S. Allen Street, Suite
108, Meridian, Idaho 83642, hereinafter called OWNER/DEVELOPER.
RECITALS:
1.1 WHEREAS, Owner/Developer is the sole owner, in law and/or equity, of
certain tract of land in the County of Ada, State of Idaho, described in Exhibit
"A", which is attached hereto and by this reference incorporated herein as if
set forth in full, herein after referred to as the Property; and
1.2 WHEREAS, Idaho Code § 67-6511A provides that cities may, by ordinance,
require or permit as a condition of zoning that the Owner/Developer make a
written commitment concerning the use or development of the subject
Property; and
1.3 WHEREAS, City has exercised its statutory authority by the enactment of
Section 11-513-3 of the Unified Development Code ("UDC"), which
authorizes development agreements upon the annexation and/or re -zoning of
land; and
1.4 WHEREAS, Owner/Developer has submitted an application for annexation
and zoning of 5.20 acres described in Exhibit "A", requesting a designation
of R-8 (Medium Density Residential) zoning districts under the UDC, which
generally describes how the Property will be developed and what
improvements will be made; and
1.5 WHEREAS, Owner/Developer made representations at the public hearings
both before the Meridian Planning & Zoning Commission and before the
Meridian City Council, as to how the subject Property will be developed and
what improvements will be made; and
DEVELOPMENT AGREEMENT —ARCHER FARM SUBDIVISION (AZ 14-010) PAGE 1 OF 8
1.6 WHEREAS, the record of the proceedings for the requested annexation and
zoning designation of the subject Property held before the Planning & Zoning
Commission, and subsequently before the City Council, includes responses of
government subdivisions providing services within the City of Meridian
planning jurisdiction, and includes further testimony and comment; and
1.7 WHEREAS, on the 5'h day of August, 2014, the Meridian City Council
approved certain Findings of Fact and Conclusions of Law and Decision and
Order ("Findings"), which have been incorporated into this Agreement and
attached as Exhibit "B"; and
1.8 WHEREAS, the Findings require the Owner/Developer to enter into a
Development Agreement before the City Council takes final action on
annexation and zoning designation; and
1.9 WHEREAS, Owner/Developer deems it to be in its best interest to be able to
enter into this Agreement and acknowledges that this Agreement was entered
into voluntarily and at its urging and request; and
1.10 WHEREAS, Cityrequires the Owner/Developer to enterinto a development
agreement for the purpose of ensuring that the Property is developed and the
subsequent use ofthe Property is in accordance with the terms and conditions
of this Agreement, herein being established as a result of evidence received
by the City in the proceedings for zoning designation from government
subdivisions providing services within the planning jurisdiction and from
affected property owners and to ensure zoning designation are in accordance
with the amended Comprehensive Plan of the City of Meridian on April 19,
2011, Resolution No. 11-784, and the UDC, Title 11.
NOW, THEREFORE, in consideration of the covenants and conditions set forth
herein, the parties agree as follows:
2. INCORPORATION OF RECITALS: That the above recitals are contractual and
binding and are incorporated herein as if set forth in full.
3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and
phrases herein contained in this section shall be defined and interpreted as herein provided for,
unless the clear context of the presentation of the same requires otherwise:
3.1 CITY: means and refers to the City of Meridian, a party to this Agreement,
which is a municipal Corporation and government subdivision of the state of
Idaho, organized and existing by virtue of law of the State of Idaho, whose
address is 33 East Broadway Avenue, Meridian, Idaho 83642.
DEVELOPMENT AGREEMENT -ARCHER FARM SUBDIVISION (AZ 14-010) PAGE 2 OF 8
3.2 OWNER/DEVELOPER: means and refers archer Farm Properties, LLC,
whose address is 701 S. Allen Sheet, Ste. 108, Meridian, Idaho 83642, the
party that is developing said Property and shall include any subsequent
owner/developer(s) of the Property.
3.3 PROPERTY: means and refers to that certain parcel(s) of Property located
in the County of Ada, City of Meridian as described in Exhibit "A"
describing the parcels to be zoned Medium Density Residential District (R-8)
and attached hereto and by this reference incorporated herein as if set forth at
length.
4. USE, PERMITTED BY THIS AGREEMENT: This Agreement shall vest the
right to develop the Property in accordance with the terms and conditions of this Agreement.
4.1 The uses allowed pursuant to this Agreement are only those uses allowed
under the UDC.
4.2 No change in the uses specified in this Agreement shall be allowed without
modification of this Agreement.
CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY:
5.1. Owner/Developer shall develop the Property in accordance with the following
special conditions:
5.1.1 Direct lot access to N. Meridian Road is prohibited in accord with UDC 11-
3A-3.
5.1.2 Future development of this site shall be generally consistent with the
preliminary plat and conceptual building elevations submitted with this
application included in Exhibits A.2 and A.4 of the Staff Report attached to
the Findings of Fact and Conclusions of Law attached hereto as Exhibit "B".
5.1.3. The rear or sides of homes on lots that face N. Meridian Road shall
incorporate articulation through changes in materials, color, modulation, and
architectural elements (horizontal and vertical) to break up monotonous wall
planes and roof lines.
6. COMPLIANCE PERIOD This Agreement must be fully executed within two (2)
years after the date of the Findings for the annexation and zoning or it is null and void.
7. DEFAULT/CONSENT TO DE -ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
DEVELOPMENT AGREEMENT-ARCHERFARm SUBDIVISION (AZ 14-010) PAGE 3 of 8
7.1 Acts of Default. Either party's failure to faithfully comply with all of the
terms and conditions included in this Agreement shall constitute default
under this Agreement.
7.2 Notice and Cure Period. In the event of Owner/Developer's default of this
Agreement, Owner/Developer shall have thirty (30) days from receipt of
written notice from City to initiate commencement of action to correct the
breach and cure the default, which action must be prosecuted with diligence
and completed within one hundred eighty (180) days; provided, however, that
in the case of any such default that cannot with diligence be cured within
such one hundred eighty (18 0) day period, then the time allowed to cure such
failure may be extended for such period as may be necessary to complete the
curing of the same with diligence and continuity.
7.3 Remedies. In the event of default by Owner/Developer that is not cured after
notice as described in Section 7.2, Owner/Developer shall be deemed to have
consented -to modification of this Agreement and de -annexation and reversal
of the zoning designations described herein, solely against the offending
portion of Property and upon City's compliance with all applicable laws,
ordinances and rules, including any applicable provisions of Idaho Code §§
67-6509 and 67-6511. Owner/Developer reserves all rights to contest
whether a default has occurred. This Agreement shall be enforceable in the
Fourth Judicial District Court in Ada County by either City or
Owner/Developer, or by any successor or successors intitle or by the assigns
of the parties hereto. Enforcement maybe sought by an appropriate action at
law or in equity to secure the specific performance of the covenants,
agreements, conditions, and obligations contained herein.
7.4 Delay. In the event the performance of any covenant to be performed
herermder by either Owner/Developer or City is delayed for causes that are
beyond the reasonable control of the party responsible for such performance,
which shall include, without limitation, acts of civil disobedience, strikes or
similar causes, the time for such performance shall be extended by the
amount of time of such delay.
7.5 Waiver. A waiver by City of any default by Owner/Developer of any one or
more of the covenants or conditions hereof shall apply solely to the default
and defaults waived and shall neither bar any other rights or remedies of City
nor apply to any subsequent default of any such or other covenants and
conditions.
8. INSPECTION: Owner/Developer shall, immediately upon completion of any
portion or the entirety of said development of the Property as required by this Agreement or by City
ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written
approval of such completed improvements or portion thereof in accordance with the terms and
conditions of this Agreement and all other ordinances of the City that apply to said Property.
DEVELOPMENT AGREEMENT—ARCHER FARM SUBDNIsioN (AZ 14-010) PAar 4 of 8
9. REQUIREMENT FOR RECORDATION: City shall record this Agreement,
including all of the Exhibits, and submit proof of such recording to Owner/Developer, prior to the
third reading ofthe Meridian Zoning Ordinance in connection with the re -zoning ofthe Property by
the City Council. If for any reason after such recordation, the City Council fails to adopt the
ordinance in connection with the annexation and zoning of the Property contemplated hereby, the
City shall execute and record an appropriate instrument of release of this Agreement.
10. ZONING: City shall, following recordation ofthe duly approved Agreement, enact a
valid and binding ordinance zoning the Property as specified herein.
11. SURETY OF PERFORMANCE: The City may also require surety bonds,
irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under the
UDC, to insure the installation of required improvements, which the Owner/Developer agrees to
provide, if required by the City.
12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued
in any phase in which the improvements have not been installed, completed, and accepted by the
City.
13. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agrees to abide by
all ordinances of the City of Meridian unless otherwise provided by this Agreement.
14. NOTICES: Any notice desired by the parties and/or required by this Agreement
shall be deemed delivered if and when personally delivered or three (3) days after deposit in the
United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed
as follows:
CITY:
City Clerk
City of Meridian
33 E. Broadway Ave.
Meridian, Idaho 83642
OWNER/DEVELOPER:
Archer Farm Properties, LLC
701 S. Allen Street, Ste. 108
Meridian, Idaho 83642
with copy to:
City Attorney
City of Meridian
33 E. Broadway Avenue
Meridian, ID 83642
14.1 A party shall have the right to change its address by delivering to the other
party a written notification thereof in accordance with the requirements of
this section.
DEVEIAPMEN'T AGREEMENT -ARCHER FARM SUBDIVISION (AZ 14-010) PAGE 5 or, 8
15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto
concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as
may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent
jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall
survive any default, termination or forfeiture of this Agreement.
16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time
is strictly ofthe essence with respect to each and every term, condition and provision hereof, and that
the failure to timely perform any of the obligations hereunder shall constitute a breach of and a
default under this Agreement by the other party so failing to perform.
17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure
to the benefit of the parties' respective heirs, successors, assigns and personal representatives,
including City's corporate authorities and their successors in office. This Agreement shall be
binding on the Owner/Developer, each subsequent owner and any other person acquiring an interest
in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or
portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any
successor owner or owners shall be both benefited and bound by the conditions and restrictions
herein expressed. City agrees, upon written request of Owner/Developer, to execute appropriate and
recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion,
had determined that Owner/Developer has fully performed its obligations under this Agreement.
18. INVALID PROVISION: If any provision of this Agreement is held not valid by a
court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement
and the invalidity thereof shall not affect any of the other provisions contained herein.
19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided, each party
shall act reasonably in giving any consent, approval, or taking any other action tinder this Agreement.
20. COOPERATION OF THE PARTIES: In the event of any legator equitable action
or other proceeding instituted by any third party (including a governmental entity or official)
challenging the validity of any provision in this Agreement, the parties agree to cooperate in
defending such action or proceeding.
21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements,
agreements, condition and understandings between Owner/Developer and City relative to the subject
matter hereof, and there are no promises, agreements, conditions or understanding, either oral or
written, express or implied, between Owner/Developer and City, other than as are stated herein.
Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to
this Agreement shall be binding upon the panties hereto unless reduced to writing and signed by them
or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted
ordinance or resolution of City.
21.1 No condition governing the uses and/or conditions governingre-zoning of the subject
Property herein provided for can be modified or amended without the approval ofthe
City Council after the City has conducted public lrearing(s) in accordance with the
DEVELOPMENT AGREEMENT—ARCHER FARM SHEDIvisioN (AZ 14-010) PAGE 6 of 8
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.
[end of text; signatures, acknowledgements, and Exhibits A and B follow]
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement and made
it effective as hereinabove provided.
OWNER/DEVELOPER:
Archer Farm Properties, LLC
!T
By:
CITY OF MERIDIAN
By:
Mayor T y de Weer
ATTEST: `acol Y- ATkD9
L`GST
a C;ty 0i
Jayc e L H Cle k m E�RDI,A
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DEVELOPMENT AGREEMENT —ARCHER FARM SUBDIVISION (AZ 14-010) PAGE 7 or 8
STATE OF IDAHO }
ss:
County of Ada, )
On this -�t day of.
for said State, personally ap
to be the
he executed the sa e on be.
t ' ` , 2014, be ore me, the undersigned, a Notary Public in and
1 t ,� , known or identified to me
o --of Archer Farm Properties, LLC, and acknowledged to me that
of said Limited Liability Company.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year in this certificate first above written.
(SEAL)'„"�,1►
ILO *O?Aok
6F 10
STATE OF IDAHO )
ss
County of Ada )
N ary Public r daho
Residing at:
M Commission
y pines:N042E^�
On thistRi day of 014 def a Notary Public,
m
personally appeared Tammy de Weerd and ;` oS Eew o'r identified to me to be the
Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person
that executed the instrument of behalf of said City, and acknowledged to me that such City executed
the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year in this certificate first above written.
96060969,8*0
(SEAL) t ; Notary Public�-
r Idaho -;�
+, Residing at: Cc��}�Q.� : t3d
��'q"8LI4,�,,��'� •; , Commission expires: J
••• OF ID
eftseeff'oi'•
DrVELOPMEN'I'AGREEMENT-ARCHERFARM SUBDIVISION (AZ 14-010) PAGE 8 OP 8
EXHIBIT A
9233 WEST STATE STREET 16015f,1083714 1 208.639.6939 1 FA%208.639.6930
November2l, 2013
Project No. 13.106
Starkey Property Subdivision
Annexation and Rezone legal Description
Fxhlbft A
A parcel of land situated In the NW 1/4 of the NW 1/4 of Section 31, Township 4 North, Range 1 East,
Boise Meridian, Ada County, Idaho and being more particularly described as follows:
Commencing at a brass cap marking the West 1/4 corner of said Section 31, which bears S00'02'58'W a
distance of 2,600.33 feet from a found brass cap marking the Northwest corner of said Section 31,
thence following the westerty line or the NW 1/4 of said Section 31, NOW02's6"f a distance of 1,815.05
feel to a found 5/8 -Inch rebar being the POINT OF BEGINNING.
Thence following said westerly line N00'02'58'E a distance of 467.80 feet to a point;
Theni¢ leaving Bald westerly line 1,189'57.311E a distance of 25.00 feet to a point on the easterly right-
of-way lipe of Meridian Road and the southerly boundary line of Solitude Place subdivision No. 3;
Thence leaving said easterly right-of-way line and following said southerly boundary line, N89'57'31'E a
distance of 458.71 feet to a S/6 -Inch rebar marked `PLS 4347';
Thence leaving sold southerly boundary line and lollowing to westerly boundary lines of Solitude Place
Subdivision No. 3 and Solitude Place Subdivision No. 2, 500'01'46'[ a distance of 467.80 feel to an
aluminum cap marked `PLS 5461';
Thence leaving sold westerly boundary lines and following the northerly boundary lines of Solitude Place
Subdivision No.2 and Solitude Place Subdivision No. 1, S89'57'3 VW a distance of 459.36 feel to a point
on the easterly right-of-way line of Meridian Road;
Thence leaving said northerly boundary lines and said easterly right-of-way line, S89'5,731'W a distance
of 25,00 feel to the POIN T OF BEGINNING.
Said parcel contains 5.20 acres, more or less.
This legal description is for Rezone purposes and shall not be
used for eom2eyance purposes.
Attached hereto Is Exhibit 0 and by this releronce Is made a part hereof,
ENGINEERS I SURVEYORS I PLANNERS
Archer Farm Subdivision — AZ 14-010
Exjti�b,a- 13
CITY XERIDL&N
FINDINGS OF FACOFTCONCCL CONCLUSIONS OF LAW Q:�VE IDIAN
AND IDAHO
DECISION & ORDER
In the Matter of the Request for Annexation & Zoning of 5.2 Acres of Land with an R-8 Zoning
District; and Preliminary Plat Consisting of Twenty (20) Single -Family Residential Building Lots
and One (1) Common Area Lot on 4.93 Acres of Land for Archer Farm Subdivision, Located at
4660 N. Meridian Road, by Archer Farm Properties.
Case No(s). AZ -14-010; PP -14-010
For the City Council Hearing Date of: July 22, 2014 (Findings on August 12, 2014)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of July 22, 2014, incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of July 22, 2014, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of July 22, 2014,
incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of July 22, 2014, incorporated by reference)
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use
Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503).
2. The Meridian City Council takes judicial notice of its Unified Development Code codified at
Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by
ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of
Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A.
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not impose
expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Decision, which shall be
signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the
Planning Department, the Public Works Department and any affected party requesting notice.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ -14-010; PP -14-010
-1-
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of July 22, 2014, incorporated by reference. The conditions are concluded to be
reasonable and the applicant shall meet such requirements as a condition of approval of the
application.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon
the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that:
1. The applicant's request for annexation and zoning is hereby approved with the requirement of a
development agreement per the provisions in the attached Staff Report for the heating date of
July 22, 2014, attached as Exhibit A.
2. The applicant's request for preliminary plat is hereby approved per the conditions in the staff
report for the hearing date of July 22, 2014, attached as Exhibit A.
D. Notice of Applicable Time Limits
Notice of Preliminary Plat Duration
Please take notice that approval of a preliminary plat, combined preliminary and final plat, or
short plat shall become null and void if the applicant fails to obtain the city engineer's signature
on the final plat within two (2) years of the approval of the preliminary plat or the combined
prelimitimy and final plat or short plat (UDC 11 -6B -7A).
In the event that the development of the preliminary plat is made in successive phases in an
orderly and reasonable manner, and conforms substantially to the approved preliminary plat,
such segments, if submitted within successive intervals of two (2) years, may be considered for
final approval without resubmission for preliminary plat approval (UDC 11-611-713).
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11 -6B -7.A, the Director may authorize a single extension of time to obtain the City
Engineer's signature on the final plat not to exceed two (2) years. Additional time extensions up
to two (2) years as determined and approved by the City Council may be granted. With all
extensions, the Director or City Council may require the preliminary plat, combined
preliminary and final plat or short plat to comply with the current provisions of Meridian City
Code Title 11. If the above timetable is not met and the applicant does not receive a time
extension, the property shall be required to go through the platting procedure again (UDC 11-
6B -7C).
Notice of Two (2) Year Development Agreement Duration
The development agreement shall be signed by the property owner and returned to the City
within two (2) years of the City Council granting annexation and/or rezone (UDC 11 -5B -3D).
A modification to the development agreement may be initiated prior to signature of the
agreement by all parties and/or may be requested to extend the time allowed for the agreement
to be signed and returned to the City if filed prior to the end of the two (2) year approval period
(UDC 11 -5B -3F).
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ -14-010; PP -14-010
-2-
E. Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development
application entitles the Owner to request a regulatory taking analysis. Such request must be in
writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the
final decision concerning the matter at issue. A request for a regulatory takings analysis will
toll the time period within which a Petition for Judicial Review may be filed.
2. Please take notice that this is a final action of the governing body of the City of Meridian.
When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person
who has an interest in real property which may be adversely affected by the final action of the
governing board may within twenty-eight (28) days after the date ofthis decision and order
seek a judicial review as provided by Chapter 52, Title 67, Idaho Code.
F. Attached: Staff Report for the hearing date of July 22, 2014
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ -14.010; PP -14-010
-3-
By action of the City Council at its regular meeting held on the - day of A}y j v S �
2014.
COUNCIL PRESIDENT CHARLIE ROUNTREE VOTED O -q e
COUNCIL VICE PRESIDENT KEITH BIRD VOTED 6 ( e -
COUNCIL MEMBER DAVID7AREMBA VOTED -a - —e -
COUNCIL
COUNCIL MEMBER JOE BORTON VOTED a. i ee
COUNCIL MEMBER LUKE CAVENER VOTED--0-[P-
COUNCIL
OTEDa-le
COUNCIL MEMBER GENESIS MILAM VOTED a y e
MAYOR TAMMY de WEERD VOTED
(TIE BREAKER)
Mayor Ta y e Weerd
Attest:
�DRp,4UDAIJ 0
3
�City of
E I$ DIAr
1�4N0
a
SEAL
u�z TIIFA5U*-
Copy served upon Applicant, The Planning Division, Public Works Department and City Attorney.
Dated: 1
'ty ler 's f e
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ -14-010; PP -14-010
-4-
STAFF REPORT
TO:
PURSIM
GYlialt
EXHIBIT A
Hearing Date: July 22, 2014
Mayor & City Council
Sonya Watters, Associate City Planner
208-884-5533
(:> WE IDIANA---
IDAFit7
Bruce Freckleton, Development Services Manager
208-887-2211
AZ -14-010; PP -14-010 — Archer Farm Subdivision
I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Archer Farm Properties, LLC, has submitted an application for annexation and zoning
(AZ) of 5.2 acres of land with an R-8 zoning district. A preliminary plat (PP) is also proposed
consisting of 20 single-family residential building lots and I common lot on 4.93 acres of land for
Archer Farm subdivision. See Section IX of the staff report for more information.
II. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed AZ and PP applications in accord with the conditions of
approval in Exhibit B and the Findings of Fact and Conclusions of Law in Exhibit D.
The Meridian Plamwrg & Zoning Commission heard these items on June 19, 2014. At the
public hearing, the Commission moved to recommend approval of the subject AZ and PP
requests.
a. Summary of Commission Public Hearing:
i.
In favor: Kevin McCarthy
it.
In onposition: None
iii.
Commenting: Angela Robertson
iv.
Written testimony: Kevin McCarthy
v.
Staff presenting application: Sonya Watters
vi.
Other staff commenting on application: None
b. Key
Issues) of Discussion by Commission:
i.
None
c. Kev
Commission Changes) to Staff Recommendation:
i.
None
d. Outstandinglssue(s) for City Council:
i.
None
The Meridian City Council heard these items on July 22.2014. At the public hearing, the
Council approved the subjectAZ and PP reauest
LSummary of City Council Public Hearing:
1. In favor: Kirsh Allnhin
1!. In nnposit0on* None
111. Commenting: None
iv. Written testimony: Kirsh Allnhi
M Staff nresentineannlicatinn: Sonya Watters
yi, Other staff commenting on application: None
b, Key Issues of Discussion by Council:
L Na"
Archer Fann Sub AZ -14-010; PP -14-010 PAGE 1
EXHIBIT A
- Keo Council Changes to Staff/Commission Recommendation
L Mum
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Numbers AZ -14-
010 & PP -14-010, as presented in the staff report for the hearing date of July 22, 2014, with the
followingmodifications: (Add any proposed modifications).
Denial
After considering all staff, applicant and public testimony, I move to deny File Numbers AZ -14-010
& PP -14-010, as presented during the hearing on July 22, 2014, for the following reasons: (You
should state specific reasons for denial)
Continuance
I move to continue File Numbers AZ -14-010 & PP -14-010 to the hearing date of (insert continued
hearing date here) for the following reason(s): (Yon should state specific reason(s) for continuance.)
1V. APPLICATION AND PROPERTY FACTS
A. Site Address/Location;
The site is located at 4660 N. Meridian Road, in the NW '/M1 of Section 31, Township 4 North,
Range 1 East. (Parcel #: S0531223395)
B. Owner(s):
Archer Farm Properties, LLC
701 S. Allen Street, Ste. 108
Meridian, Idaho 83642
C. Applicant:
Same as owner
D. Representative:
Kevin McCarthy, KM Engineering, LLP
9233 W. State Street
Boise, ID 83714
E. Applicant's Statement/Justification: Please see applicant's narrative for this information.
V. PROCESS FACTS
A. The subject application is for annexation and zoning and preliminary plat. A public hearing is
required before the Planning & Zoning Commission and City Council on this matter, consistent
with Meridian City Code Title 11, Chapter 5.
B. Newspaper notifications published on: June 2, and 16, 2014 (Commission); June 30, and July 14,
2014 (City Council)
C. Radius notices mailed to properties within 300 feet on: May 22, 2014 (Commission); June 26,
2014 (City Council)
D. Applicant posted notice on site(s) on: June 5, 2014 (Commission); July 22, 2014 (City Council)
VI. LAND USE
Archer Parm Sub AZ -14.010;1'P-14010 PAGE
EXHIBIT A
A. Existing Land Use(s) and Zoning: This site consists of rural residential property, zoned RUT in
Ada County.
B. Character of Surrounding Area and Adjacent Land Use and Zoning:
1. North: Single-family residential properties in Solitude Place subdivision, zoned R-8
2. East: Single-family residential properties in Solitude Place subdivision, zoned R-8
3. South: Single-family residential properties in Solitude Place subdivision, zoned R-8
4. West: N. Meridian Road; approved for single-family residential dwellings (Amber Wave
subdivision), zoned R-15
C. History of Previous Actions: None
D. Utilities:
1. Location of sewer: A sanitary sewer main intended to provide service to the subject property
currently exists in N. Beaham Avenue.
2. Location of water: Water mains intended to provide service to the subject property currently
exists in N. Beaham Avenue and E. Copper Ridge Street.
3. Issues or concerns: None
E. Physical Features:
1. Canals/Ditches Irrigation: There is an irrigation ditch that runs across this site.
2. Hazards: Staff is not aware of any hazards that exist on this property.
4. Flood Plain: This site does not lie within the Meridian Floodplain Overlay District.
VII. COMPREHENSIVE PLAN POLICIES AND GOALS
The subject property is designated Medium Density Residential (MDR) on the Future Land Use Map
(FLUM) contained in the Comprehensive Plan.
MDR areas are characterized by relatively low densities and a predominance of single-family and
two -unit housing types emphasizing ownership opportunities. Smaller two, three, or four unit
apartment buildings may be compatible in an MDR area, but large apartment buildings or apartment
complexes are not. In general, MDR areas should be protected from encroachments of higher density
or higher intensity uses. MDR areas should include a mix of housing types that achieve an overall
average target gross density of 6 units per acre. Generally, densities should range from 4-8 units per
acre and should be designed conducive to walking with all of the housing and other uses sharing an
interconnected sidewalk and street system.
The applicant proposes annex the subject property with an R-8 zoning district and develop 20 single-
family residential detached homes on the site. The gross density is 4.06 dwelling units (d.u.) per acre
with a net density of 5.22.
Staff finds the following Comprehensive Plan policies to be applicable to this application and apply to
the proposed use of this property (staff analysis in italics):
• "Support a variety of residential categories (low-, medium-, medium-high and high-density
single-family, multi -family, townhouses, duplexes, apartments, condominiums, etc.) for the
purpose of providing the City with a range of affordable housing opporhmities." (3.07.01E)
The proposed medium density residential development should contribute to the variety of
residential uses that exist in this area.
Archer Farm Sub AZ -14-010; PP -14-010 PAGE 3
EXHIBIT A
• "Require new residential development to meet development standards regarding landscaping,
signage, fences and walls, etc." (3.05.02C)
Street buffer landscaping is required adjacent to N. Meridian Road, an arterial street, in
accord with the standards listed in UDC 11 -3B -7C. Separate permits shall be obtained for
signage and fencing. Fencing shall comply with the standards listed in UDC 11-3A-7.
• "Protect existing residential properties from incompatible land use development on adjacent
parcels." (3.06.01F)
Theproposed medium density residential development should be compatible with
surrounding residential uses.
• "Require common area in all subdivisions." (3.07.02F)
The proposedplat depicts a total of 0.27 of an acre (or 5.48%) ofqualified open
space/cormnon area to be provided on the site. Because this site is less than 5 acres in size,
the UDC does not require open ,space is provided.
• "Review new development for appropriate opportunities to connect local roads and collectors
to adjacent properties (stub streets). (3.03.020)
The proposedplat depicts connections to existing stub streets to the south and eastfor
interconnectivity.
• "Require pedestrian access connectors in all new development to link subdivisions together to
promote neighborhood connectivity as part of a community pathway system." (3.03.03B)
There are no existingpedestrian connections to the subjectproperlyfrom surrounding
properties. Therefore, pedestrian access connectors are not proposed.
• "Permit new development only where urban services can be reasonably provided at the time
of final approval and development is contiguous to the City." (3.01.01F)
City services will be extended with the development ofthe site in accord with UDC 11-3A-21.
VIII. UNIFIED DEVELOPMENT CODE (UDC)
A. Purpose Statement of Zone: Per UDC 11-2A-1, the purpose of the residential districts is to
provide for a range of housing opportunities consistent with the Meridian comprehensive plan.
Residential districts are distinguished by the allowable density of dwelling units per acre and
corresponding housing types that can be accommodated within the density range. The rnedium
density residential (R-8) district allows a maximum gross density of 8 dwelling units per acre.
B. Schedule of Use: Unified Development Code (UDC) Table 11-2A-2 lists the principal permitted
(P), accessory (A), conditional (C), and prohibited (-) uses in the R-8 zoning district. Any use not
explicitly listed, or listed as aprohibited use is prohibited. The proposed use of the property for
single-family detached dwellings is a principal permitted use in the R-8 zoning district.
C. Dimensional Standards: Development of the site should be consistent with the dimensional
standards listed in UDC Tables 11-2A-6 for the R-8 zoning district.
D. Landscaping: Street buffer landscaping shall be installed in accordance with the standards listed
in UDC Tables 11-2A-6 for the R-8 zoning district.
E. Off -Street Parking: Off-street parking is required in accord with UDC Table I 1-3C-6 for single-
family dwellings.
Archer Farm Sub AZ -14-010; PP -14-010 PAGE 4
EXMBT1' A
IX. ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
1. Annexation & Zoning
The applicant has applied to annex and zone a total of 5.2 acres of land with an R-8 zoning
district. As discussed above in Section VII, the proposed zoning is consistent with the
corresponding FLUM designation of MDR-
The
DRThe applicant proposes to develop 20 single-family homes on the site as shown on the
preliminary plat in Exhibit A.2.
The legal description submitted with the application, included in Exhibit C, shows the boundaries
of the property proposed to be annexed and rezoned. The property is contiguous to land that has
been annexed into the City and is within the Area of City Impact boundary.
The City may require a development agreement (DA) in conjunction with an annexation pursuant
to Idaho Code section 67-6511A. In order to ensure the site develops as proposed with this
application, staff recommends aDA is required as a provision of annexation with the provisions
included in Exhibit B.
Because the FLUM designation for this property is MDR, which allows for densities of 3 to 8
dwelling units per acre and the proposed gross density is 4.06 dwelling units per acre, Staff finds
the proposed R-8 zoning is appropriate for this property.
2. Preliminary Plat
The proposed plat consists of 20 single-family residential building lots and I common area lot on
5.2 acres of land in a proposed R-8 zoning district. The average lot size in the proposed
development is 7,759 square feet.
Dimensional Standards: Staff has reviewed the proposed plat for compliance with the
dimensional standards listed in UDC Table 11-2A-6 for the R-8 district and found the plat in
compliance with those standards.
Block Length: The proposed plat complies with the maximum block length standards listed in
UDC 11 -6C -3F.
Existing Structure(s): There is an existing home, barn and associated outbuildings on the site
that are proposed to be removed. These structures should be removed prior to City Engineer
signature on the final plat.
Access: Access to this site is proposed on the plat via two existing stab streets in Solitude
Subdivision. Access via N. Meridian Road is prohibited.
Utilities: Street lighting is required to be installed within the development in accord with the
City's adopted standards, specifications and ordinances. All development is required to connect
to the City water and sewer system unless otherwise approved by the City Engineer in accord
with UDC 11-3A-21.
Pressurized Irrigation (PI): An underground PI system is required to be provided to each lot in
the subdivision as proposed in accord with UDC 11-3A-15.
Storm Drainage: A storm drainage system is required for the development in accord with the
City's adopted standards, specifications and ordinances. Design and construction shall follow best
management practice as adopted by the City in accord with UDC 11-3A-18.
Archer Farm Sub AZ -14-010; PP -14-010 PAGE 5
EXHIBIT A
Landscaping: A landscape plan was submitted with this application for the area proposed to be
platted as shown in Exhibit A.3. A minimum 25 -foot wide street buffer is required along N.
Meridian Road as proposed. Landscaping within the street buffer is required to comply with the
standards listed in UDC 11 -3B -7C.
Tree Mitigation: The landscape plan depicts several existing trees on the site that are proposed
to be removed. The applicant should contact Elroy Huff, City Arborist, at 888-3579 to schedule
an appointment to confirm mitigation requirements prior to removal of any trees on the site.
Open Space & Site Amenities: Based on the area of the preliminary plat (4.93 acres), no open
space or site amenities are required to be provided.
Sidewalks: Sidewalks are required along all public streets as set forth in UDC 11-3A-17. A
minimum 5 -foot wide detached sidewalk is required along N. Meridian Road and 5 -foot wide
attached sidewalks are required along internal streets within the subdivision.
There is an existing 7 -foot wide attached sidewalk that was constructed within the right-of-way
along N. Meridian Road on this site with Solitude Place Subdivision as on off-site improvement
for pedestrian traffic to the school north of this site. Because it is a relatively new sidewalk and it
is 7 -feet rather than 5 -feet in width, staff is not recornmending the sidewalk is removed and
replaced with a detached sidewalk.
Pathways: There is not a regional pathway designated on the Master Pathways Plan for this site.
There are no pathways proposed to adjacent properties as the abutting properties have not
provided any pathways to this site.
Waterways: An irrigation ditch crosses this site. All ditches on the site are required to be piped
unless waived by City Council in accord with UDC 11 -3A -6A.
Floodplain: This site does not lie within the Meridian Floodplain Overlay District.
Building Elevations: The applicant has submitted conceptual building elevations for the future
homes in this development, included in Exhibit A.S. Building materials are proposed to consist of
architectural shingles, board and batten and lap siding, with cultured stone wainscot.
Because homes on lots that back up to N. Meridian Road will be highly visible, staff recommends
the rear or sides of structures on these lots that face Meridian Road incorporate articulation
through changes in materials, color, modulation, and architectural elements (horizontal and
vertical) to break up monotonous wall planes and roof lines.
Fencing: A 6 -foot tall vinyl fence exists along the north, east, and south boundaries of this site. A
6-foottall vinyl fencing is proposed along N. Meridian Road to match the existing fencing. All
fencing should comply with the standards listed in UDC 11 -3A -6B and 11-3A-7.
In summary, Staffrecommends approval ofthe proposed annexation and preliminary plat request
for this site with a development agreement and the recommended conditions listed in Exhibit B of
this report in accord with the findings contained in Exhibit C.
X. EXHIBITS
A. Drawings/Other
1. Vicinity/Zoning Map
2. Proposed Preliminary Plat (dated: 5/8/14)
3. Proposed Landscape Plan (dated: 5/8/14)
4. Conceptual Building Elevations
Archer Farm Sub AZ -14-010; PP -14-010 PAGE 6
EXMBIT A
B. Agency & Department Comments/Conditions
C. Legal Description & Exhibit Map for Annexation Boundary
D. Required Findings from Unified Development Code
Archer Farm Sub AZ -14-010;1'P-14-010 PAGE 7
AJ G
A. Drawings
1. Vicinity Map
ExhibitA Page 1
EXHIBIT A
2. Proposed Preliminary Plat (dated: 5/8/14)
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-2-
EXHIBIT A
B. EXHIBIT B - AGENCY & DEPARTMENT COMMENTS/CONDITIONS
1. PLANNING DEPARTMENT
1.1 Site Specific Conditions of Approval
1.1.1 A Development Agreement (DA) is required as a provision of annexation of this property. Prior
to the annexation ordinance approval, a DA shall be entered into between the City of Meridian,
the property owner(s) at the time of annexation ordinance adoption, and the developer.
The Applicant shall contact the City Attorney's Office to initiate this process. The DA shall be
signed by the property owner and returned to the City within two (2) years of the City Council
granting annexation. Currently, a fee of $303.00 shall be paid by the applicant to the City Clerk's
office prior to commencement of the DA. The DA shall, at minimum, incorporate the following
provisions:
a. Direct lot access to N. Meridian Road is prohibited in accord with UDC 11-3A-3.
b. Future development of this site shall be generally consistent with the preliminary plat and
conceptual building elevations submitted with this application included in Exhibits A2 and
A.4.
c. The rear or sides ofhomes on lots that face N. Meridian Road shall incorporate articulation
through changes in materials, color, modulation, and architectural elements (horizontal and
vertical) to break up monotonous wall planes and roof lines.
1.1.2 The preliminary plat included In Exhibit A.2 dated 5/8/14 shall be revised as follows:
a. Revise note ill as follows: "A 10 -foot joint utility trench easement will be provided along all
right-of-way and rear lot lines,"
b. Revise note 42 as follows: "A 5 -foot joint utility trench will be provided along all reads
shared accesses."
1.1.3 The landscape plan included in Exhibit A.3 dated 5/8114 shall be revised as follows:
a. Ifmitigation is required for any existing trees on the site that are proposed to be removed,
such information shall be included on the plan in accord with UDC 11 -3B -10C.5.
1.1.4 The developer shalt construct all proposed fencing and/or any fencing required by the UDC,
consistent with the standards as set forth in UDC 11-3A-7 and 11 -3A -6B.
1.1.5 All of the existing structures on the site shall be removed prior to signature on the final plat by the
City Engineer.
1.2 General Conditions of Approval
1.2.1 Comply with all bulk, use, and development standards of the R-8 zoning district listed in UDC
Table 11-2-A-6.
1.2.2 Comply with all provisions of 11-3A-3 with regard to access to streets. Direct lot access to N.
Meridian Road is prohibited.
1.2.3 Construct on -street bikeways on all collector streets as set forth in UDC 11-3A-5.
1.2.4 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set
forth in UDC 11-3A-6.
1.2.5 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11-3A-
15, UDC 11-3B-6 and MCC 9-1-28.
1.2.6 Comply with the sidewalk standards as set forth in UDC 11-3A-17.
3-
EXRWIT A
1.2.7 Install all utilities consistent with the standards asset forth in UDC 11-3A-21 and 11 -3B -5J.
1.2.8 Construct all off-street parking areas consistent with the standards asset forth in UDC 11-3C-6
for single-family dwellings.
1.2.9 Construct the required landscape buffers consistent with the standards as set forth in UDC 11 -3B -
7C.
1.2.10 Construct storm water integration facilities that meet the standards as set forth in UDC 11 -3B -
11C.
1.2.11 Construct all parkways consistent with the standards as set forth in UDC 11 -3A -17E, 11-3G-3135
and 11 -3B -7C.
1.2.12 Comply with all subdivision design and improvement standards as set forth in UDC 11-6C-3,
including but not limited to cut -de -sacs, alleys, driveways, common driveways, easements,
blocks, street buffers, and mailbox placement.
1.2.13 Protect any existing trees on the subject property that are greater than four -inch caliper and/or
mitigate for the loss of such trees as set forth in UDC 11-3B-10.
1.2.14 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle.
1.3 Ongoing Conditions of Approval
1.3.1 The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets
the standards as set forth in UDC 11-3B-6 and to install and maintain all landscaping as set forth
in UDC 11-313-5, UDC 11-3B-13 and UDC 11-3B-14.
1.3.2 All common open space and site amenities shall be maintained by an owner's association as set
forth in UDC 11 -3G -3F].
1.3.3 The project is subject to all current City of Meridian ordinances and previous conditions of
approval associated with this site.
1.3.4 The applicant and/or property owner shall have an ongoing obligation to prune all trees to a
minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the
area.
1.3.5 The applicant shall have an ongoing obligation to maintain all pathways.
1.3.6 The applicant has a continuing obligation to comply with the outdoor lighting provisions as set
forth in UDC 11-3A-11.
1.3.7 The applicant and/or property owner shall have an ongoing obligation to maintain all landscaping
and constructed features within the clear visiontriangle consistent with the standards in UDC 11-
3A-3.
1.4 Process Conditions of Approval
1.4.1 No signs are approved with this application. Prior to installing any signs on the property, the
applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3
Article D and receive approval for such signs.
1.4.2 The applicant shall complete all improvements related to public life, safety, and health as set forth
in UDC 11 -5C -3B. A surety agreement may be accepted for other improvements in accord with
UDC 11 -5C -3C.
1.4.3 The final plat, and any phase thereof, shall substantially comply with the approved preliminary
plat as set forth in UDC 11 -6B -3C2.
-4-
EXHIBIT A
1.4.4 The applicant shall obtain approval for all successive phases of the preliminary plat within two
years of the signature of the City Engineer on the previous final plat as set forth in UDC 11-611-
7B (if applicable).
1.4.5 The preliminary plat approval shall be null and void if the applicant fails to either 1) obtain the
City Engineer signature on a final plat within two years; or, 2) gain approval of a time extension
asset forth in UDC 11-6B-7.
1.4.6 Upon installation of the landscaping and prior to inspection by Planning Division staff, the
applicant shall provide a written certificate of completion as set forth in UDC 11 -3B -14A.
2. PUBLIC WORKS DEPARTMENT
2.1 General Conditions of Approval
2.1.1 Applicant shall coordinate water and sewer main size and routing with the Public Works
Department, and execute standard forms of easements for any mains that are required to provide
service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover
from top of pipe to sub -grade is less than three feet than alternate materials shall be used in
conformance of City of Meridian Public Works Departments Standard Specifications.
2.1.2 Per Meridian City Code, the applicant shall be responsible to install sewer and water mains to and
through this development.
2.1.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of
way (include all water services and hydrants). The easement widths shall be 20 -feet wide for a
single utility, or 30 -feet wide for two. The easements shall not be dedicated via the plat, but
rather dedicated outside the plat process using the City of Meridian's standard forms. The
easement shall be graphically depicted on the plat for reference purposes. Submit an executed
easement (on the form available from Public Works), a legal description prepared by an Idaho
Licensed Professional Land Surveyor, which must include the area of the easement (marked
EXHIBIT A) and an 8112" x 11" map with bearings and distances (marked EXHIBIT B) for
review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO
NOT RECORD. Add a note to the plat referencing this document.
2.1.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or
well water for the primary source. If a surface or well source is not available, a single -point
connectionto the culinary water system shall be required. If a single -point connection is utilized,
the developer will be responsible for the payment of assessments for the common areas prior to
prior to receiving development plan approval.
2.1.5 All existing structures that are required to be removed shall be prior to signature on the final plat
by the City Engineer.
2.1.6 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or
lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 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 users association approval can't be obtained, alternate plans shall be reviewed and
approved by the Meridian City Engineer prior to final plat signature.
2.1.7 Any existing domestic well system within this project shall be removed from domestic service per
City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at
(208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic
We
EXHIBIT A
purposes such as landscape irrigation if approved by Idaho Department of Water Resources
Contact Robert S. Whitney at (208)334-2190.
2.1.8 Any existing septic systems within this project shall be removed from service per City Ordinance
Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and
inspections (208)375-5211.
2.1.9 Street signs are to be in place, sanitary sewer and 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.
2.1.10 A letter of credit or cash surety in the amount of 110% will be requimd for all uncompleted
fencing, landscaping, amenities, etc., prior to signature on the final plat.
2.1.11 All development improvements, including but not limited to sewer and water, fencing, micro -
paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining
certificates of occupancy.
2.1.12 Applicant shall be required to pay Public Works development plan review, and construction
inspection fees, as determined during the plan review process, prior to the issuance of a plan
approval letter.
2.1.13 It shall be the responsibility of the applicant to ensure that all development features comply with
the Americans with Disabilities Act and the Fair Housing Act.
2.1.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting
that may be required by the Army Corps of Engineers.
2.1.15 Developer shall coordinate mailbox locations with the Meridian Post Office, and provide
evidence oftheir approval prior to signature on the final plat.
2.1.16 All grading of the site shall be performed in conformance with MCC 11-12-311.
2.1.17 Compaction test results shall be submitted to the Meridian Building Department for all building
pads receiving engineered backfill, where footing would sit atop fill material.
2.1.18 The engineer shall be required to certify that the street centerline elevations are set a minimum of
3 -feet above the highest established peak groundwater elevation prior to development plan
approval. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1 -
foot above.
2.1.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or
drainage facility within this project that do not fall under the jurisdiction of an irrigation district
or ACHD. The design engineer shall provide certification that the facilities have been installed in
accordance with the approved design plans. This certification will be required before a certificate
of occupancy is issued for any structures within the project.
2.1.20 At the completion of the project, the applicant shall be responsible to submit record drawings per
the City of Meridian AutoCAD standards. These record drawings must be received and approved
prior to the issuance of a certifrcation.of occupancy for any structures within the project.
2.1.21 100 Watt and 250 Watt, high-pressure sodium street lights shall be required on all public
roadways per the City of Meridian Improvement Standards for Street Lighting. All street lights
shall be installed at developer's expense. Final design shall be submitted as part of the
development plan set for approval, which must include the location of any existing street lights.
Street lighting is required at intersections, corners, cul-de-sacs, and at a spacing that does not
OF -11
EXHIBIT A
exceed that outlined in the Standards. The contractor's work and materials shall conform to the
ISPWC and the City of Meridian Supplemental Specifications to the ISPWC.
2.1.22 The City of Meridian requires that the owner post to the City a performance surety in the amount
of 125% of the total construction cost for all incomplete sewer, water and reuse infrastructure
prior to final plat signature. This surety will be verified by a line item cost estimate provided by
the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash
deposit or bond. Please contact Land Development Service for more information at 887-2211.
2.1.23 The City of Meridian requires that the owner post to the City a warranty surety in the amount of
20% of the total construction cost for all completed sewer, water and reuse infrastructure for
duration of two years. This surety will be verified by a line item cost estimate provided by the
owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash
deposit or bond. Please contact Land Development Service for more information at 887-2211.
3. POWCE DEPARTMENT
3.1 The Police Department has no concerns with this application.
4. FntE DEPARTMENT
4.1.1 One and two family dwellings not exceeding 3,600 square feet require a fire -flow of 1,000 gallons
per minute for a duration of 2 hours to service the entire project. One and two family dwellings in
excess of 3,600 square feet require a minimum fire flow as specified in Appendix B of the
International Fire Code. Fire Hydrant spacing shall be provided as required by Appendix C of the
International Fire Code.
4.1.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department in accordance
with International Fire Code Section (IFC) 508.5.4 as follows:
a. Fire hydrants shall have the 4 %," outlet face the main street or parking lot drive aisle.
b. Fire hydrants shall not face a street which does not have addresses on it.
c. Fire hydrant markers shall be provided per Public Works specifications.
d. Fire Hydrants shall be placed on corners when spacing permits.
e. Fire hydrants shall not have any vertical obstructions to outlets within 10'.
f. Fire hydrants shall be placed 18" above finished grade to the center of the 4'/z" outlets.
g. Fire hydrants shall be provided to meet the requirements of IFC Section 5095.
b. Show all proposed or existing hydrants for all new construction or additions to existing
buildings within 1,000 feet of the project.
4.1.3 All entrances, internal roads, drive aisles, and alleys shall have a turning radius of 28' inside and 48'
outside, per International Fire Code Section 503.2.4.
4.1.4 Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set forth
in International Fire Code Section 304.1.2.
4.1.5 Fire lanes, streets, and structures (including the canopy height of mature trees) shall have a
vertical clearance of 13'6 as set forth in International Fire Code Section 503.2.1.
4.1.6 Operational fire hydrants, temporary or permanent street signs, and access roads with an all weather
surface are required to be installed before combustible construction material is brought onto the site,
as set forth in International Fire Code Section (IFC) 501.4 and Meridian amendment to IFC 10-4-2.1.
5. REPvBLIC SERVICES
5.1 Republic Services has no comments on this application.
EXHIBIT A
6. PARKS DLPARTmrNT
6.1 The applicant shall contact Elroy Huff, City Arborist, at 888-3579 to coordinate mitigation for
existing trees on the site that are proposed to be removed, in accord with UDC 11-3B-1 OC.5.
7. ADA COUNTY HIGHWAY DISTRICT
7.1 Site Specific Conditions of Approval
7.1.1 Close the 3 existing driveways from the site onto Meridian Road and replace with vertical curb,
gutter, and 7 -foot wide attached concrete sidewalk, as proposed.
7.1.2 Correct deficiencies and replace deteriorated facilities along Meridian Road abutting the site.
7.1.3 Continue Beaham Avenue and Copper Ridge Street into the site and construct all internal roads as
36 foot street sections with rolled curb, gutter, and 5 foot wide attached concrete sidewalk within
50 feet of right-of-way, as proposed.
7.1.4 Construct the cul-de-sac (Peach Springs Court) with a turning radius of at least 45 feet.
7.1.5 The knuckle at the intersection of Copper Ridge Street and Beaham Avenue is approved.
7.1.6 Direct lot access is prohibited to Meridian Road and shall be noted on the final plat.
7.1.7 Payment of impacts fees are due prior to issuance of a building permit.
7.1.8 Comply with all Standard Conditions of Approval.
7.2 Standard Conditions of Approval
7.2.1 All proposed irrigation facilities shall be located outside of the ACHD right-of-way (including all
easements). Any existing irrigation facilities shall be relocated outside of the ACED right-of-way
(including all easements).
7.2.2 Private Utilities including sewer or water systems are prohibited from being located within the
ACED right-of-way.
7.2.3 In accordance with District policy, 7203.3, the applicant may be required to update any existing
non-compliant pedestrian improvements abutting the site to meet current Americans with
Disabilities Act (ADA) requirements. The applicant's engineer should provide documentation of
ADA compliance to District Development Review staff for review.
7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the
construction of the proposed development. Contact Construction Services at 387-6280 (with file
number) for details.
7.2.5 A license agreement and compliance with the District's Tree Planter policy is required for all
landscaping proposed within ACHD right-of-way or easement areas.
7.2.6 All utility relocation costs associated with improving street frontages abutting the site shall be
borne by the developer.
7.2.7 It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The
applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The
applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business days
prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic
Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during
any phase of construction.
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EXHIBIT A
7.2.8 Utility street cuts in pavement less than five years old are not allowed unless approved in writing
by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for
details.
7.2.9 All design and construction shall be in accordance with the ACHD Policy Manual, ISPWC
Standards and approved supplements, Construction Services procedures and all applicable ACHD
Standards unless specifically waived herein. An engineer registered in the State of Idaho shall
prepare and certify all improvement plans.
7.2.10 Construction, use and property development shall be in conformance with all applicable
requirements of ACHD prior to District approval for occupancy.
7.2.11 No change in the terms and conditions of this approval shall be valid unless they are in writing
and signed by the applicant or the applicant's authorized representative and an authorized
representative of ACRD. The burden shall be upon the applicant to obtain written confirmation of
any change from ACRD.
7.2.12 If the site plan or use should change in the future, ACHD Planning Review will review the site
plan and may require additional improvements to the transportation system at that time. Any
change in the planned use of the property which is the subject of this application, shall require the
applicant to comply with ACRD Policy and Standard Conditions of Approval in place at that time
unless a waiver/variance of the requirements or other legal relief is granted by the ACID
Commission.
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EXIBBIT A
C. Legal Description & Exhibit Map for Annexation Boundary
9233 WESTSTATE STREET I WISE, 10 83114 1208.639:6939 1 FAX 208.639.6930
Novem6er27,2013
Project No, 13.106
Starkey Property Subdlvlsloh
Annexation and Rezone Legal Description
ExhlbItA
A parcel of land situated In the NW 1/4 of the NW 1/4 of Section 31, Township North, Range 1 East,
Be Ise Meridian, Ada County, Idaho and bel ng more particularly described as follows:
Commencing at a brass cap marking the West 1/4 corner of said Section 31, which bears 500.02'58"W a
distance of2,660,33 Feet from a found brass cap marking the Northwestcorner of nId Section 31,
thence following the westerly Ime of the NW 1/4 of said Section 31, NW01 2'58"E a dl stance of1,e15.os
feet In a found 5/8 -inch rehar being the POINT OF BEGINNING,
Thence following said westerly line NOW01'580E a distance of 457.80 feet to a polnb
Thence leaving sald Westedy line N89'57431"Ea distance of 25.00 feet to a point on the easterly right-
of-way Ime of Meridian Road and the southerly boundary line or Solitude Place Subdivision No, 3;
Thence leaving said easterly tight -of -way line and following said southerly boundary line, N89'S7'31"E a
distance or 458.71 feet to a 5/8 -Inch rehar me rked "PL5 4307";
Thence leaving said southerly boundary line and following t6 westerly boundary lines of Solitude Place
Subdivision No.3 and Salltude Place SubdIvIsiOn No. 2, S00'01'4 VE a distance Of 4 67, 80 feet to an
aluminum cap marked 'PLS $461";
Thence leaving said westerly boundary Imes and following the northerly boundary Imes of Solitude Place
Sobdlvlslon No.2 and Solitude Place Subdivision No. 1, 589'57'31"Wa distance of 459.46 feel to a point
on the easterly right-ofivay line of Merldlan.Road;
Thence leaving sold northerly boundary lines and said easterly right-of-way line, S89'V31"W a distance
of 25.00 feet 19 the POINT OF BEGINNING.
Said parcel contains 5.20 acres, more or less.
This legal descdptldn$ for Rezone purposes and shall not be
used for conveyance purposes;
Attached hereto is Exhiblt b and by this reference Is made a part hereof.
ENGINEERS I SURVEYORS I PLANNERS
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z
12459
EXHIBIT A
2-'"o E; McMILLAN ROAD
36 .31
LEGEND
I N895731 E
os nn' SOLITUDE
%
PLACE No. 3
458.71'
I
I
w
4660 N. MERIDIAN RD
APN; S06312W95 N o n
ol't
01I
I i
r'
I
0 30 100 200
goo
`Plan Scole I
���...,• 3T"W SOLIi UDL
Lo 25,00' SOLITUDE PLACE No. 1 PI ACE No. 2
I fO
W i SECIIDN 31
EXHIBIT B -- ANNEXATION AND REZONE
-
SHEET; - - - 51TUATED:I19 A PORTION OF TIME NW 1/4OF THE NW 1/4 OF SCCI'ION 31,
1 OF 1 T. 4 N., R, 1 E., BOISE MERIDIAN, ADA COUNTY, IDAHO
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BRASS CAP
®
ALUMINUM VAP
®
5]O` REBAR
CALCULATED POINT
—fdoohmv uNE.
—
—SECTION ONE
�"A
RIG11T-OF-WAY LINE
I N895731 E
os nn' SOLITUDE
%
PLACE No. 3
458.71'
I
I
w
4660 N. MERIDIAN RD
APN; S06312W95 N o n
ol't
01I
I i
r'
I
0 30 100 200
goo
`Plan Scole I
���...,• 3T"W SOLIi UDL
Lo 25,00' SOLITUDE PLACE No. 1 PI ACE No. 2
I fO
W i SECIIDN 31
EXHIBIT B -- ANNEXATION AND REZONE
-
SHEET; - - - 51TUATED:I19 A PORTION OF TIME NW 1/4OF THE NW 1/4 OF SCCI'ION 31,
1 OF 1 T. 4 N., R, 1 E., BOISE MERIDIAN, ADA COUNTY, IDAHO
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EXHIBIT A
D. Required Findings from Unified Development Code
I. Annexation Findings:
Upon recommendation from the Commission, the Council shall make a full investigation
and shall, at the public hearing, review the application. In order to grant an annexation, the
Council shall make the following findings:
a. The map amendment complies with the applicable provisions of the Comprehensive
Plan;
The Applicant is proposing to annex the subject property with an R-8 zoning district and
proposes a gross density of 4.06 dwelling units per acre consistent with the FLUM
designation of MDR. Therefore, the City Council finds that the proposed map amendment
complies with the provisions of the Comprehensive Plan and should be compatible with
adjacent residential uses (see section Vll above for more information).
b. The map amendment complies with the regulations outlined for the proposed district,
specifically the purpose statement;
The City Council finds that the proposed map amendment to the R-8 zoning district is
consistent with the purpose statement for the residential districts as detailed in Section VIII
above.
c. The map amendment shall not be materially detrimental to the public health, safety,
and welfare;
The City Council finds that the proposed zoning amendment will not be detrimental to the
public health, safety, or welfare. City utilities will be extended at the expense of the applicant.
d. The map amendment shall not result in an adverse impact upon the delivery of services
by any political subdivision providing public services within the City Including, but not
limited to, school districts; and,
The City Council finds that the proposed zoning amendment will not result in any adverse
impact upon the delivery of services by any political subdivision providing services to this
site.
c. The annexation is in the best of interest of the City (UDC 11 -5B -3.E).
The City Council finds annexing this property with an R-8 zoning district is in the best
interest of the City.
2. Preliminary Plat Findings:
In consideration of a preliminary plat, combined preliminary and final plat, or short
plat, the decision-making body shall make the following findings:
a. The plat is in conformance with the Comprehensive Plan;
The City Council finds that the proposed plat is in substantial compliance with the
adopted Comprehensive Plan in regard to land use, transportation, and circulation. Please
see Comprehensive Plan Policies and Goals, Section VII, of the Staff Report for more
information.
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EXMBIT A
b. Public services are available or can be made available and are adequate to
accommodate the proposed development;
The City Council finds that public services will be provided to the subject property upon
development. (See Exhibit B of the Staff Report for more details from public service
providers.)
c. The plat is in conformance with scheduled public improvements in accord with the
City's capital improvement program;
Because City water and sewer and any other utilities will be provided by the development
at their own cost, the City Council finds that the subdivision will not require the
expenditure of capital improvement funds.
d. There is public financial capability of supporting services for the proposed
development;
The City Council recommends the Council rely upon comments from the public service
providers (i.e., Police, Fire, ACHD, etc.) to determine this finding. (See Exhibit B for
more detail.)
e. The development will not be detrimental to the public health, safety or general
welfare; and
The City Council is not aware of any health, safety, or environmental problems
associated with the platting of this property, therefore, the Council finds the development
will not be detrimental to these items. ACED considers road safety issues in their
analysis.
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