Castle Creek AZ 14-009ADA COUNTY RECORDER Christopher D. Rich 2014-091176
BOISE IDAHO Pgs=35 GAIL GARRETT 11/07/2014 12:55 PM
MERIDIAN CITY NO FEE
1111111111111111111111111111111111111111111111111
00038497201400911760360350
DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. Northwest Ventures, LLC, Owner/Developer
THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into
this day of _ , 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 Northwest Ventures, LLC, whose address is 6901 W. Emerald Street, Ste.
102, Boise, Idaho 83704, hereinafter called OWNER/DEVELOPER.
1. RECITALS:
1.1 WHEREAS, Owner/Developer is the sole owner, in law and/or equity, of
certain tract of land in the County of Ada, State of Idaho, described in Exhibit
"A", which is attached hereto and by this reference incorporated herein as if
set forth in Rill, herein after referred to as the Property; and
1.2 'WHEREAS, Idaho Code § 67-6511 A 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 I1 -5B-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 6.97 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
DEVELOPMENr AGREEMENT — CASTLE CREEK SUBDIVISION (AZ 14-009) 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 5t" 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, City requires the Owner/Developer to enter into a development
agreement for the purpose of ensuring that the Property is developed and the
subsequent use of the Property is in accordance with the terms and conditions
of this Agreement, herein being established as a result of evidence received
by the City in the proceedings for zoning designation from government
subdivisions providing services within the planning jurisdiction and from
affected property owners and to ensure zoning designation 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 -CASTLE CREEK SUBDIVISION (AZ 14-009) PAGE 2 OF 8
3.2 OWNER/DEVELOPER: means and refers Northwest Ventures, LLC,
whose address is 6901 W. Emerald Street, Ste. 102, Boise, Idaho 83704, 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. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the
right to develop the Property in accordance with the terms and conditions of this Agreement.
4.1 The uses allowed pursuant to this Agreement are only those uses allowed
under the UDC.
4.2 No change in the uses specified in this Agreement shall be allowed without
modification of this Agreement.
CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY:
5.1. Owner/Developer shall develop the Property in accordance with the following
special conditions:
5.1.1 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 AA of the Attached Findings of Fact
and Conclusions of Law and Staff Report (Exhibit B).
5.1.2 The rear or sides of homes on lots that face E. Amity 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.
5.1.3 A 10 -foot wide multi -use pathway connection is required to be constructed at
the southeast corner of this site across Lot 13, Block 2from the sidewalk along
Amity Road north to the future pathway.
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 - CASTLE CREEK SUBDIVISION (AZ 14-009) PAGE 3 or 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 (180) day period, then the time allowed to cure such
failure may be extended for such period as may be necessary to complete the
curing of the same with diligence and continuity.
7.3 Remedies. In the event of default by Owner/Developer that is not cured after
notice 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 in title or by the assigns
of the parties hereto. Enforcement may be sought by an appropriate action at
law or in equity to secure the specific performance of the covenants,
agreements, conditions, and obligations contained herein.
7.4 Delay. In the event the performance of any covenant to be performed
hereunder by either Owner/Developer or City is delayed for causes that are
beyond the reasonable control of the parry responsible for such performance,
which shall include, without limitation, acts of civil disobedience, striIfes 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.
DEVELOPMENTAGREEMENT--CASTLE CREEK SUBDIVISION (AZ 14-009) PAGE 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 of the Meridian Zoning Ordinance in connection with the re -zoning of the Property by
the City Council. If for any reason after such recordation, the City Council fails to adopt the
ordinance in connection with the annexation and zoning of the Property contemplated hereby, the
City shall execute and record an appropriate instrument of release of this Agreement.
10. ZONING: City shall, following recordation of the 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:
Northwest Ventures, LLC
6901 W. Emerald Street, Ste. 102
Boise, Idaho 83704
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.
DEVELOPMENT AGREEMENT —CASTLE CREEK SUBDIVISION (AZ 14-009) PAGE 5 or 8
1 S. 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 of the essence with respect to each and every term, condition and provision hereof, and that
the failure to timely perform any of the obligations hereunder shall constitute a breach of and a
default under this Agreement by the other party so failing to perform.
17, BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure
to the benefit of the parties' respective heirs, successors, assigns and personal representatives,
including City's corporate authorities and their successors in office, This Agreement shall be
binding on the Owner/Developer, each subsequent owner and any other person acquiring an interest
in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or
portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any
successor owner or owners shall be both benefited and bound by the conditions and restrictions
herein expressed. City agrees, upon written request of Owner/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 under this Agreement.
20, COOPERATION OF THE PARTIES: In the event of any legal or equitable action
or other proceeding instituted by any third party (including a governmental entity or official)
challenging the validity of any provision in this Agreement, the parties agree to cooperate in
defending such action or proceeding.
21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements,
agreements, condition and understandings between Owner/Developer and City relative to the subject
matter hereof, and there are no promises, agreements, conditions or understanding, either oral or
written, express or implied, between Owner/Developer and City, other than as are stated herein.
Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to
this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them
or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted
ordinance or resolution of City.
21.1 No condition governing the uses and/or conditions governing rezoning of the subject
Property herein provided for can be modified or amended without the approval of the
City Council after the City has conducted public hearing(s) in accordance with the
DEVELOPMEN'I' AGREEMENT-CAS1'I,F CREEK SUBDIVISION (AZ 14-009) 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
Cleric.
[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:
Northwest Ventures, LLC
By:
CITY OF
A.:
°D AI/S May
d�_ n1y de Weerd
a
a
ATTEST: �� �� ?�,�i'I����`a�j���
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pORd30
City of
Jaycee > Holman, City Clerk,
DEVELOPMENT AGREEMENT - CASTLE CREEK SUBDIVISION (AZ 14-009) PAGE 7 OF 8
STATE OF IDAIIO )
. ss:
County of Ada, )
On this day of �' 2014, before me, the undersigned, a Notary Public in and
for said State, personally appeared -"moo k �,s -j� t_� Q , known or identified to me
to be the pf Northwest Ventures, LLC, and acknowledged to me that he
executed the same b al 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. -,--
1
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(SEAL)
Notary Publicidoho
Residing at: , 0
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My Commission Expires:
PATRICIA A U€TZ
Notary Public
State of Idaho
STATE OF IDAHO )
. ss
County of Ada
r,
On this J day of �j m be_✓ , 2014, before me, a Notary Public,
personally appeared Tammy de Weerd and Jaycee L. Holman, know or identified to me to be the
Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person
that executed the instrument of behalf of said City, and acknowledged to me that such City executed
the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year in this certificate first above written.
f g fl 3fy
A
(SEAL)
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Notar 'P lie o -Idal
Re ng t: f_f'rv(d 1)
Commission expires: ( I�aqq , Do _�'v
DEVELOPMENT AGREEMENT -CASTLE CREEK SUBDIVISION (AZ 14-009) PAGE 8 or 8
EXHIBIT A
Legal Description
Castlecreek Subdivision - Annexation
A parcel being located in the SE'/. of Section 29, Township 3 North, Range 1 East, Boise
Meridian, City of Meridian, Ada County, Idaho, and more particularly described as follows;
BEGINNING at an Aluminum Cap monument marking the southwest corner of said SE 1/4, from
which a 6!8 inch diameter iron pin marking the southeast corner of the SE'/, of said SE'/, bears
S 89°43'43" E a distance of 2656.26 feet;
Thence N 0°15`13" E along the westerly boundary of said SE'/, a distance of 721.02 feet to a
point an the centerline of the Ten Mile Drain;
Thence leaving said westerly boundary S 52°20'27" E along said centerline a distance of 603.16
feet to a point;
Thence continuing along said centerline a distance of 406.42 feet along the arc of a 1071.91
foot radius curve right, said curve having a central angle of 21°40'16" and a long chord bearing
S 41 °30'20" E a distance of 403.01 feel to a point;
Thence leaving said centerline S 0°26'23" W a distance of 114.96 feet to point on the southerly
boundary of said SE Y4;
Thence N 89'4343"W along said southerly boundary a distance of 667.72 feet to the POINT
OF BEGINNING.
This parcel contains 6.97 acres and Is subject to any easements existing or in use.
Clinton W. Hansen, PLS
Land Solutions, PC
April 30, 2014
ndgoblutlons
Wq sorcperq rw ea"aap
Castle Creels Subdivision AZ 14-009
Cadecreek SubdMsion
Job No. 13-57
EXHIBIT A
STAFF REPORT Hearing Date: July 22, 2014
TO: Mayor cob City Council �
FROM: Sonya Watters, Associate City Planner
208-884-5533
Bruce Preckleton, Development Services Manager
208-887-2211
SUBJECT: AZ -14-009; PP -14-009 — Castle Creels Subdivision
I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Northwest Ventures, has submitted an application for annexation and zoning (AZ) of
6.97 acres of land with an R-8 zoning district. A preliminary plat (PP) is also proposed consisting of
19 single-family residential building lots and 5 common/other lots on 6.58 acres of laud for Castle
Creek subdivision. See Sectio» M of the skiff rehor'/ fi r mom it formation.
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 Plan njnll & Zomig Commission heard these jtents on Lune 19 20]4 At the
bli�lrearinh the C'ontnticsiolt moved to 1'eCOlttlttentl •n i�tt•ovtl of the Subject AZ and PP
re ne,
a.
Summary of Connnis ion Public
He.u•ing:
i.
In favor: Dave Yor =aeon
ii.
III oltltositios: Nonc
iii.
Commentin :None
iv.
Written testimony: Dave Vorgason
v.
Staff V.Lg&ejjting armlicatifut:
Sonva Watters
A.
Other staff o1jullujing
on allplication: None
b.
Key
Issue s) of Discussion by
Commission:
i.
Street fronta ere nirenient
for Litt 3, Block 2
a
I{ev
Conunission Change(sl
to Staff Recommendation:
i.
O11G
d.
Outstandjug
Issue(l for City
Conseil:
i.
The ann icant ► attests i,ot
3 1319ck 2 is allowed a rerinoed street frontage front 50 feet
Ig 32 feet. Progerlieb
f - iati es r»r �r�r-ire-��,�t r»at ({J))Ynrinrnle ►� n 90 r!e
u,gle (me al—Im erl fa be a ru!»!»»rm
of 30 feel nreacra'ed as a ghor•d meacr»'er»e»1 her
11-2A-313.1.
The Meridian City Conseil heard these items ou July 22, 2014. At the public hearing, the
Sbnucil annt•oved the subject AZ and ventre
.04 Sununary of City Council Public Nearing_
J. LL favor llayt-YOL>±amm
ii• Is opposition: None
iii. C'ommentiug• Nose
iy. Written testimony: None
Y, Staff nresesting annlication: Sonya W tt ems•,
.YL Other staff commenting on annlication: None
Castle Creek Sub AZ -14-009 & PP -14.009 PAGE, l
b, Kev Issues of Discussion by Council,
I Paridng for lots accessed by common driyeways
c_ Key -Council Chan es totaff/Commission Recommendation
i, None
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Numbers AZ -14-
009 & PP -14-009, as presented in the staff report for the hearing date of July 22, 2014, with the
following modifications: (Add any proposed modifications).
Denial
After considering all staff, applicant and public testimony, I move to deny File Numbers AZ -14-009
& PP -14-009, as presented during the hearing on Judy 22, 2014, for the following reasons: (You
should state specific reasons for denial)
Continuance
I move to continue File Numbers AZ -14-009 & PP -14-009 to the hearing date of (insert continued
hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.)
IV. APPLICATION AND PROPERTY FACTS
A. Site Address/Location:
The site is located at 2432 E. Amity Road, in the SE 114 of Section 29, Township 4 North, Range I
East (Parcel #: S 112943 8465)
B. Owner(s):
Northwest Ventures
6901 W. Emerald Street, Ste. 102
Boise, Idaho 83704
C. Applicant:
Same as owner
D. Representative:
Dave Yorgason, Tall Timber Consulting
14254 W. Battenberg
Boise, ID 83713
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 Jul1
14 2014C Councils
C. Radius notices mailed to properties within 300 feet on: May 22, 2014 (Commission); June 25
_2St1i4City C UUM
D. Applicant posted notice on site(s) on: June 3, 2014 (Commission); July S. 2014 (City Counill
Castle Creek Sub AL -14-009 & PP -14-009 PAGF; 2
EXHIBIT A
VI. LAND USE
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: Future single-family residential properties in Messina Meadows subdivision, zoned R-
8
2. East: Future single-family residential properties in Messina Meadows subdivision, zoned R-8;
and a rural residential property, zoned RUT in Ada County
3. South: E. Amity Road; and rural residential/agricultural property, zoned RUT in Ada County
4. West: Rural residential property, zoned RUT in Ada County
C. History of Previous Actions: None
D. Utilities:
1. Location of sewer: A sanitary sewer trunk main intended to provide service to the subject
property is currently in design through the Messina Meadows Subdivision No. 5 development
north of the subject property. This proposed project will construct the trunk sewer from the
point where Messina Meadows leaves off, and bring the trunk to and through to E. Amity
Road..
2. Location of water: Water mains intended to provide service to the subject property are
currently in design or under construction in E. Amity Road.
3. Issues or concerns: Development of this project is subject to the timing and installation of
sanitary sewer and water services as part of the Messina Meadows Subdivision No. 5, and
Whitebark/Southridge developments.
E. Physical Features:
1. Canals/Ditches Irrigation: There are no ditches that cross this site. However, the Ten Mile
Drain exists off-site along the northeast boundary and there is an irrigation easement for the
drain that lies on this site.
2. Hazards: Staff is not aware of any hazards that exist on this property.
4. Flood Plain: A portion of this site lies within the Meridian Floodplain Overlay District,
VII. COMPREHENSIVE PLAN POLICIES AND GOALS
LAND USE;
The subject property is designated Low Density Residential (LDR) on the Future Land Use Map
(FLUM) contained in the Comprehensive Plan.
The LDR designation allows for the development of single-family homes ort large lots where urban
services are provided. Uses may include single-family homes at gross densities of three dwelling units
or less per acre.
The site is proposed to be zoned R-8 which allows a maximum gross density of 8 dwelling units per
acre. The proposed plat depicts an overall gross density of 2.89 dwelling units (d.u.) per acre, with a
net density of 3.2 d.u. per acre, consistent with the LDR FLUM designation for this site.
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):
Castle Creek Sub AZ -14-009 & PP -14-009 PAGE 3
EXHIBIT A
® "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 opportunities." (3,07.01E)
The proposed low density residential development should contribitte to the variety of medhan
densio) and rural residential uses that exist ill this area of the 001.
® "Require new residential development to meet development standards regarding landscaping,
signage, fences and walls, etc." (3.05.02C)
Street bT ffer landscaping is required adjacent to E. Airily Road an arterial street, in accord
with the standards listed in UDC 11 -3B -7C. Separate permits shall be oblained for signage
and fencing. Fencing shall comply with the standards listed in UDC 11-3,1-7.
® "Protect existing residential properties from incompatible land use development on adjacent
parcels." (3.06.01F)
The proposed lonw density residential dewlopmrentshould be compatible nvith surrounding
residential and agricultural uses.
® "Require common area in all subdivisions." (3.07.02F)
The proposed plat depicts 1.88 acres of common open space area to be provided on the site
in accord with UDC requirements.
® "Review new development for appropriate opportunities to connect local roads and collectors
to adjacent properties (stub streets). (3.03.020)
The proposed plat depicts a stab street at the west property boundary for future extension and
interconnectivity.
® "Require pedestrian access connectors in all new development to link subdivisions together to
promote neighborhood comiectivity as part of a community pathway system." (3,03.03 B)
A 1 Q foot nvide multi -rise pathway is required along the north/east side of the Ten Mile Drain
which rums off-site near the northeast boundary of the site. Staff reconnnends a pathway
connection is provided at the southeast corner c f this site across Lot 13, Block 2 fr•onr the
sidewalk alongAmity Road north to the firlure pathway.
® "Permit new development only where urban services can be reasonably provided at the time
of final approval and development is contiguous to the City," (3.01.01 F)
City services will be extencled with the development of (lie site in accord with UDC 11-3A-21,
TRANSPORTATION:
The Master Street Map (MSM) contained in ACHD's South Meridian Transportation Plan depicts
a north/south residential collector street along the western boundary of the site between Messina
Meadows subdivision and Amity Road, Because a collector street is already planned east of this
site with Messina Meadows subdivision to Ustick Road and a stub street will be provided fi•onn
Messina Meadows to the parcel to the west for connection to Ustick Road, staff and ACRD do
not feel a collector street is necessary to be provided on this site. ACRD staff has approved a
modification of policy to allow the removal of this residential coIIector street from the MSM.
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.
Castla.Creek Sub A!_,-14-009 & PP -14-009 PAGE 4
EXHIBIT A
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 medium
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-6 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 a prohibited 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 I I -2A-6 for the R-8 zoning district.
E. Off -Street Parking: Off-street parking is required in accord with UDC Table 11-3C-6 for single-
family dwellings.
IX. ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
1. Annexation & Zoning
The applicant has applied to annex and zone a total of 6.97 acres of land with an R-8 zoning
district. As discussed above in Section VII, the proposed density is consistent with the
corresponding FLUM designation of LDR. Due to the irregular shape of the property and the
large area that lies within an irrigation easement for the Ten Mile Drain, staff feels the R-8 zoning
is appropriate for dimensional standard purposes because the overall density falls within the range
for LDR designated areas.
The applicant proposes to develop 19 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 67-6511 A. In order to ensure the site develops as proposed with this
application, staff recommends a DA is required as a provision of annexation with the provisions
included in Exhibit B.
Because the PLUM designation for this property is LDR, which allows for densities of up to 3
dwelling units per acre and the proposed gross density is 2.89 dwelling units per acre, Staff finds
the proposed R-8 zoning is appropriate for this property. Because of the irregular shape of this
site and the large area that is covered by the irrigation easement for the Ten Mile Drain, the R-8
district is requested rather than the R-4 district for relief from dimensional standards.
2. Preliminaay Plat
The proposed plat consists of 19 single-family residential building lots and 5 common area lots
on 6.58 acres of land in a proposed R-8 zoning district. The average lot size in the proposed
development is 8,045 square feet. The plat is proposed to develop in one phase.
Dimensional Standards: The proposed plat is required to comply with the dimensional standards
listed in UDC Table 11-2A-6 for the R-8 district. Lots 2 and 3, Block 2 need to be revised to
Castle Creek Sub AZ -14.009 & PP -14-009 PAGE 5
EXHIBIT A
reflect 50 feet of street frontage; all other lots comply with the required dimensional standards.
Building height and setbacks should comply with the standards listed in UDC Table 11-2A-6,
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 on the site that is proposed to be removed. This
structure should be removed prior to City Engineer signature on the final plat.
Access: Access to this site is proposed on the plat via one public street access to E. Amity Road;
direct lot access to E. Amity Road is prohibited. A stub street is depicted on the plat at the west
boundary for future extension and interconnectivity.
A connection over the Ten Mile Drain is not required on this site as Messina Meadows
Subdivision No. 5 northeast of this site is required to provide a connection to the property to the
west of this site.
Common Driveway: Common driveways are required to comply with the standards listed in
UDC 11 -6C -3D. A common driveway is proposed for access to Lots 5, 7 and 8, Block 1. The
driveway meets the required dimensional standards. Construction of the common driveway shall
comply with the standards listed in UDC 11 -6C -3D.
An exhibit showing the setbacks and building envelopes for the lots using the common driveway
is included in Exhibit AA as required by UDC 11 -6C -3D.7. Staff approves of the proposed
setbacks and orientation of the lots and structures shown.
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.
The developer plans to extend the sewer trunk line from Messina Meadows subdivision to and
through this development and to Amity Road and has submitted a request for reimbursement of
oversizing and/or over -digging costs associated with this sewer trunk line. See letter sitbinitted
with this C!j)plication.
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. A storm drainage
pond is depicted on Lot 12, Block 2,
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 E. Amity Road as proposed. Landscaping
within the street buffer is required to comply with the standards listed in UDC 11-313-7C. The
landscaping shown on the plat complies with UDC standards.
1f the unimproved street right-of-way along E. Amity Road is 10 feet or greater from edge of
pavement to edge of sidewalk or property line, and street widening project is not in ACHD's five
year funded plan, the developer is required to maintain a 10 -foot wide compacted gravel shoulder
meeting ACHD construction standards and landscape the remainder with lawn or other vegetative
ground cover, per UDC 11 -3B -7C.5. The landscape plan should be revised to comply with this
requirement.
Castle Creek Sub AZ -14-009 & PP -14-009 PAGE 6
EXHIBIT A
At a minirnttm, common open space areas are required to include one deciduous tree per 8,000
square feet of common open space, per UDC I 1 -3G -3E. Because all of the common open space
area except for the street buffer is encompassed by sewer main and irrigation easements, it's not
feasible to plant trees in these areas. There are several existing trees on the site that may be
allowed to count toward the requirement or the common area on Lot 12, Block 2 may need to be
widened to allow trees to be planted outside of the easement/drainage area. The applicant should
include a calculations table on the landscape plan submitted with the final plat application
detailing how many caliper inches of trees are being retained on the site in relation to those
required.
Ti•ee Mitigation: The landscape plan depicts several existing trees on the site that are proposed
to be removed as well as several that are proposed to remain. 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. Mitigation information shall be included on a revised
landscape plan submitted with the final plat application in accord with UDC I 1 -3B -10C.5.
Open Space & Site Amenities: Based on the area of the preliminary plat (6.58 acres), a
minitnum 0.66 of an acre (or 10%) of open space is required to be provided on the site per UDC
11 -3G -3A in accord with the standards listed in UDC 11 -3G -3B.
The plat depicts 1.88 acres (or 28.5%) qualified open space consisting of %2 the street buffer along
Amity Road (5,650.5 sq. ft.). and interior open space on Lot 6, Block 1 (8,401 sq, ft.) and Lots I2
(13,904 sq. ft.) and 13 (53,744 sq. ft.), Block 2. Because the open space on Lot 6, Block I
consists largely of a common driveway and is not accessible to all residents of the development,
this area is not allowed to be included as qualified open space. Additionally, the drainage swale
on Lot 12, Block 2 must be constructed in accord with the standards listed in UDC 11 -3B-11 C in
order to count toward the qualified open space. Without these areas, a total of 59,394.5 sq. ft. (or
1.36 acres) of qualified open space is still proposed which is over the twice the amount of open
space required.
Per UDC 11 -3G -3B, a minimum of one site amenity is required in accord with the standards
listed in UDC 11 -3G -3C. The applicant is proposing an additional 5% open space as an amenity
in accord with UDC requirements.
Sidewalks: Sidewalks are required along all public streets as set forth in UDC 11-3A-17. A
minimum 5 -foot wide detached sidewalk is proposed along E. Amity Road and 5 -foot wide
attached sidewalks are proposed along the internal street (E. Fonthill Street) in accord with UDC
requirements.
Pathways: There is a section of the City's regional pathway system designated on the Master
Pathways Plan along Amity Road and along the northeast boundary of this site along the Ten
Mile Drain.
The pathway along the drain is being constructed with Messina Meadows subdivision on the east
side of the drain. The Park's Department is allowing the 5 -foot wide detached sidewalk required
along Amity Road to satisfy the pathway requirement. Staff recommends a 10 -foot wide multi-
use pathway is constructed at the southeast corner of the site from the sidewalk along Amity Road
north to the future multi -use pathway to be constructed with Messina Meadows Subdivision No.
5. A pedestrian easement is required to be submitted to the City for approval by City Council and
subsequent recordation.
Waterways: No irrigation ditches cross this site. The Ten Mile Drain runs off site along the
northeast boundary of the site. A substantial easement for the drain exists along the rear lot lines
in Block 2; the easement should be labeled on the plat. No structures other than fences may be
built within this easement without approval from the easement holder. A license agreement
Castle Creek Sub AZ -14-009 & PP -14-009 PAGE 7
EXHIBIT A
should be obtained from Nampa Meridian Irrigation District (NMID) for the lots that encroach
within the easement area.
Floodplain: A portion of this site along the northeast property line adjacent to the Ten Mile Drain
lies within the Meridian Floodplain Overlay District. Prior to any development occurring in the
Overlay District a floodplain permit application, including hydraulic and hydrologic analysis is
required to be completed and submitted to the City and approved by the Floodplain Administrator
per MCC 10-6.
Building Elevations: The applicant has submitted conceptual building elevations for the fixture
homes in this development, included in Exhibit A.5. Building materials are proposed to consist of
architectural shingles, three different types of siding, with stone accents.
Because homes on lots that back tip to E. Amity Road will be highly visible, staff recommends
the rear or sides of structures on these lots that face Amity Road incorporate articulation through
changes in materials, color, modulation, and architectural elements (horizontal and vertical) to
break tip monotonous wall planes and roof lines.
Fencing: A 6 -foot tall vinyl fence is proposed along the south (along Amity Road) and west
(from the southwest corner of the site to E. Fonthill Street) boundaries of this site. A 4 -foot tall
vinyl fencing is proposed along the northeast boundary of the site adjacent to the Ten Mile Drain
and along the west boundary of the site north of E. Fonthill Street. All fencing should comply
with the standards listed in UDC 11 -3A -6B and 11-3A-7.
In sumi»rny, Staff recominends approval of the 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 accoi d ii4th the findings contained in Exhibit C,
X. EXHIBITS
A. Drawings/Outer
I. Vicinity/Zoning Map
2. Proposed Preliminary Plat (dated: 4/30/14)
3. Proposed Landscape Plan (dated: 5/5/14)
4. Conceptual Site Plan (dated: 2/27/14) & Setback Exhibit (dated: 5/8/14)
5. Conceptual Building Elevations
B, Agency & Department Comments/Conditions
C. Legal Description & Exhibit Map for Annexation Boundary
D. Required Findings from Unified Development Code
Castle Creek Sub AZ -14-009 & Pp -14.009 PAGE 8
EXHIBIT A
A. Drawings
1. Vicinity Map
Exhibit A Page I
EXHIBIT A
2. Proposed Preliminary Plat (dated: 4/30/14)
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B. EXHIBIT B - AGENCY & DEPARTMENT COMMENTS/CONDITIONS
1. PLANNING DPPAR PMENT
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. 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.
b. The rear or sides of homes on lots that face E. Amity 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.
c. A 10 -foot wide multi. -use pathway connection is required to be constructed at the southeast
corner of this site across Lot 13, Block 2 from the sidewalk along Amity Road north to the
future pathway.
1.1.2 The preliminary plat included in Exhibit A.2 dated 4/30/14 shall be revised as follows:
a. Lots 2 and 3, Block 2 need to be revised to refleo sn feet noom —ly-with the minimum street
frontage requirements listed,in aeeeir UDC 11 -2A -3B and Table l 1-2A-6.
b. Graphically depict and label the Ten Mile Drain easement.
c. Graphically depict and label the sewer line easement on Lot 6, Block 1.
1.1.3 The landscape plan included in Exhibit A.3 dated 5/8/14 shall be revised as follows:
a. If mitigation 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 11-313-10C.5.
b. If the unimproved street right-of-way along E. Amity Road is 10 feet or greater from edge of
pavement to edge of sidewalk or property line, and street widening project is not in ACHD's
five year funded plan, the developer is required to maintain a 10 -foot wide compacted gravel
shoulder meeting ACRD construction standards and landscape the remainder with lawn or
other vegetative ground cover, per UDC 11 -3B -7C.5; revise plan accordingly.
c. The description of the fence on graphic depiction # 4 on Sheet L2.0 should be revised to
reflect a 4 -foot tall fence.
d. A minimum of one (1) deciduous tree is required per 8,000 square feet of common open
space along with lawn, ether seed or sod.
e. The Stormwater drainage swale proposed on Lot 12, Block 2 shall be constructed in accord
with the standards listed in UDC 11-313-11 C.
1.1.4 The developer shall construct all proposed fencing and/or any fencing required by the UDC,
consistent with the standards as set forth in UDC l I -3A-7 and 11 -3A -6B.
-6-
1.1.5 The existing structure(s) on the site shall be removed prior to signature on the final plat by the
City Engineer.
1.1.6 The common driveway proposed in Block I shall comply with the construction standards listed in
UDC I 1 -6C -3D.4 which state the driveway shall be paved with a surface capable of supporting
fire vehicles and equipment.
1.1.7 A perpetual ingress/egress easement shall be filed with the Ada County Recorder, which shall
include a requirement for maintenance of a paved surface capable of supporting fire vehicles and
equipment, per UDC 11 -6C -3D,8,
1.1.8 A minimum of 1.36 acres of qualified open space shall be provided within the development as
proposed on the preliminary plat in accord with the standards listed in UDC 11-3G-3.
1.1.9 Prior to signature on the final plat by the City Engineer, the applicant shall submit a recorded
copy of the license agreement with Nampa Meridian Irrigation District (NMID) for the lots that
encroach within the Ten Mile Drain easement.
1.1.10 A public pedestrian easement for the multi -use pathway shall be submitted to .lay Gibbons in the
Parks Department, prior to signature on the final plat by the City Engineer for approval by City
Council and recordation.
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 E.
Amity Road is prohibited.
1.2.3 Construct on -street bikeways on all collector streets as set forth in UDC 11 -3A -S.
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-
1 S, UDC 11-3 B-6 and MCC 9-1-28,
1.2.6 Comply with the sidewalk standards as set forth in UDC 11-3A-17.
1.2.7 Install all utilities consistent with the standards as set forth in UDC I I -3A-21 and 11 -3B -SJ.
1.2.8 Construct all off-street parking areas consistent with the standards as set 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-
11 C.
1.2.11 Construct all parkways consistent with the standards as set forth in UDC 11 -3A -17E, I I -3G -3B5
and 11 -3B -7C.
1.2.12 Comply with all subdivision design and improvement standards asset forth in UDC 11-6C-3,
including but not limited to cul-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 asset forth in UDC 11-3B-10.
-7-
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 11-313-6 and to install and maintain all landscaping as set forth
in UDC I1 -3B-5, UDC 11-313-13 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 -3F1.
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 vision triangle consistent with the standards in UDC I I -
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.
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 -6B -
7B (if applicable).
I.415 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
as set 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 I 1 -3B -14A.
2. PUBLIC WORKS DEPARTMENT
2.1 Site Specific Conditions of Approval
2.1.1 Applicant maybe eligible for reimbursements of a portion of the expense of installing the
sanitary sewer trunk line through this development per MCC 8-6-5.
2.1.2 A portion of this project lies within the Meridian Floodplain Overlay District. Prior to any
development occurring in the Overlay District a floodplain permit application, including
-8-
hydraulic and hydrologic analysis is required to be completed and submitted to the City and
approved by the Floodplain Administrator per MCC 10-6.
2,1 .3 Applicant shall be responsible for the installation of a 12 -inch diameter water main in E. Amity
Road adjacent to the south subdivision boundary.
2.2 General Conditions of Approval
2.2.1 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,
2.2.2 Per Meridian City Code, the applicant shall be responsible to install sewer and water mains to and
through this development.
2.2.3 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
casement (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 81/2" 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.
2.2.4 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
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
prior to receiving development plan approval.
2.2.5 All existing structures that are required to be removed shall be prior to signature on the final plat
by the City Engineer,
2.2.6 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.
2.2.7 Any existing domestic well system within this project shall be removed from domestic service per
City Ordinance Section 9-t-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
purposes such as landscape irrigation if approved by Idaho Department of Water Resources
Contact Robert B. Whitney at (208)334-2190.
2.2.8 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.
2.2.9 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
.9.
District and the Final Plat for this subdivision shall be recorded, prior to applying for building
permits.
2.2.10 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted
fencing, landscaping, amenities, etc., prior to signature on the final plat.
2.2.11 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.
2.2.12 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.
2.2.13 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.
2.2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting
that may be required by the Army Corps of Engineers.
2.2.15 Developer shall coordinate mailbox locations with the Meridian Post Office, and provide
evidence of their approval prior to signature on the final plat..
2.2.16 All grading of the site shall be performed nu conformance with MCC 11-12-3H.
2.2.17 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.
2.2.18 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. This is to ensure that the bottom
elevation of the crawl spaces of homes is at least 1 -foot above.
2.2.19 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.
2.2.20 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 certification of occupancy for any structires within the project.
2.2.21 100 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
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.
2.2.22 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.
2.2.23 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
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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. POLICE DEPARTMENT
3.1 The Police Department has no concerns with this application.
4. FIRE DEPARTMENT
4.1.1 The paved street section of E. Fonthill Street shall be widened to 36 feet to allow fire trucks
adequate room to maneuver and turn around in lieu of providing a turn around.
5. REPUBLIC SERVICES
5.1 Republic Services has no comments on this application.
6. PARKS DEPARTMENT
6.1 Prior to removal of any of the existing trees on the site, 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 11-313-10C.5.
7. ADA COUNTY HIGHWAY DISTRICT
7.1 Site Specific Conditions of Approval
7.1.1 The removal of a new Residential Collector roadway which would run north/sotith along the west
property Iine between Messina Meadows Subdivision and Amity Road from the MSM is
approved.
7.1.2 Dedicate 48 feet of right-of-way from the centerline of Amity Road abutting the site. ACRD will
provide compensation for additional right -of way dedicated beyond the existing right-of-way
line.
7.1.3 Consh•uct 5 foot wide detached concrete sidewalk located approximately 42 feet from the
centerline of Amity Road abutting the site. Provide a permanent right-of-way easement for
sidewalk placed outside of the dedicated right-of-way.
7.1.4 Construct all internal local roads as 34 foot street sections with rolled curb, gutter, and 5 foot
wide attached concrete sidewalk within 46 feet of right-of-way as proposed. Obtain written fire
department approval for the utilization of a 34 foot street section.
7.1.5 Construct Bankbury Way to intersect Amity Road approximately 2,050 feet east of Glenmere
Way as proposed.
7.1.6 Construct a paved temporary turnaround at the terminus of Fonthill Street. The turnaround shall
have the dimensional requirements of a standard cul-de-sac; or an alternative turnaround may be
approved by ACHD. Written fire department approval is required,
7.1.7 Install a sign at the terminus of Fonthill Street stating that, "THIS ROAD WILL BE EXTENDED
IN THE FUTURE."
7.1.8 Direct lot access to Amity Road is prohibited and shall be noted on the final plat.
7.1.9 Payment of impacts fees are due prior to issuance of a building permit.
7.1.10 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 ACRD right-of-way (including all
easements). Any existing irrigation facilities shall be relocated outside of the ACI -1D 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.
7,23 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 casement 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 tine applicant. The
applicant shall be required to call DIGLINE (1-811-342-1585) at least two fidl business days
prior to breaking ground within ACRD right-of-way. The applicant shalt contact ACHD Traffic
Operations 387-6190 in the event any ACRD conduits (spare or filled) are compromised during
any phase of construction.
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 ACRD 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 ACHD. The burden shall be upon the applicant to obtain written confirmation of
any change from ACHD.
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 ACRD
Commission.
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C. Legal Description & Exhibit Map foi- Anaiexation Boundary
Legal Description
Castlecreek Subdivision - Annexation
A parcel being located In the SE % of Section 29, Township 3 North, Range 1 East, Boise
Meridian, City of Meridian, Ada County, Idaho, and more particularly described as follows;
BEGINNING at an Aluminum Cap monument marking the southwest corner of said SE'/,, from
which a 5/8 Inch diameter Iron pin marking the southeast corner of the SE % of said SE % bears
S 89043143" E a distance of 2656.26 feet;
Thence N 0°15'13" E along the westerly boundary of said SE % a distance of 721.02 feet to a
point on the centerline of the Ten Mlle Drain;
Thence leaving said westerly boundary S 52°20127" E along said centerline a distance of 503.16
feet to a point;
Thence continuing along said centerline a distance of 405.42 feet along the are of a 1071.91
foot radius curve right, said curve having a central angle of 21°40'15" and a long chord bearing
S 41'30'20" E a distance of 403.01 feet to a point;
Thence leaving said centerline S 0"26'23"W a distance of 114.96 feet to point on the southerly
boundary of said SE %;
Thance N 8904343" W along said southerly boundary a distance of 667.72 feet to the POINT
OF BEGINNING.
This parcel contains 6.97 acres and is subject to any easements existing or In use
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CASTLECREEK SUBDIVISION
ANNEXATION EXHIBIT
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D. Required Findings from Unified Development Code
1. Annexation Findings:
Upon recommendation from the Commission, the Council shall make a full investigation
and shall, at the public hearing, review the application. Lt order to grant an annexation, the
Council shall snake 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 2.89 dwelling units per acre consistent with the FLUM
designation of LDR. 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 VII 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.
e. 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.
e. The annexation is in the best of interest of the City (UDC 11 -5B -3.1G).
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. Tire 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
Comprehensim Plan Policies and Goals, Section VII, of the Staff Rel)ort for more
information.
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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 fluids,
d. There is public financial capability of supporting services for the proposed
development;
The City Council determined there is public financial capability of supporting set -vices for the
proposed development. (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 finds the proposed development will not be detrimental to the public health,
safety, or general welfare. ACRD considers road safety issues in their analysis.
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