Shelburne Sub AZ 15-003ADA COUNTY RECORDER Christopher D. Rich 2015-083757
BOISE IDAHO Pgs=61 VICTORIA BAILEY 09/10/2015 09:15 AM
MERIDIAN CITY NO FEE
IIIIIIIIIIIIIIII IN 1111111 R1I III III
00143317201500837570610616
DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. Shelburne Properties, LLC, Owner/Developer
THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into
this F3 day of, 2015, 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
83642 and Shelburne Properties, LLC, whose address is PO Box 8265, Boise, Idaho 83707,
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 full, 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 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 the
annexation of approximately 30.2 acres of land from the RUT zoning district
in Ada County to the R-4 (Low Density Residential) zoning district (as
described in Exhibit "A"), under the Unified Development Code, 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 Property will be developed and what
improvements will be made; and
DEVELOPMENT AGREEMENT — SHELBURNE SUBDIVISION (AZ —15-003) PAGE 1 OF 8
1.6 WHEREAS, the record of the proceedings for the requested preliminary plat
on the 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 7t" day of July, 2015, 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 final
plat; 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.
3.2 OWNER/DEVELOPER: means and refers to Shelburne Properties, LLC,
whose address is PO Box 8265, Boise, Idaho 83707, the party that owns and
DEVELOPMENT AGREEMENT - SHELBURNE SUBDIVISION (AZ - 15-003) PAGE 2 OF 8
is developing said Property and shall include any subsequent
owners(s)/developer(s) of the Property.
3.4 PROPERTY: means and refers to that certain parcel(s) of Property located
in the County of Ada, City of Meridian as described in Exhibit "A"
describing the parcels to be re -zoned Low Density Residential (R-4) 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:
a. Direct lot access to E. Zaldia Street, E. Elliana Drive, and N. Howry Lane, all collector
streets, is prohibited in accord with UDC 11-3A-3 unless otherwise approved by City
Council and ACRD.
b. Future development of this site shall be generally consistent with the preliminary plat,
landscape plan and building elevations depicted in Exhibit A of the attached Findings of
Fact and Conclusions of Law (Exhibit `B") and the revisions noted in the staff report.
c. All single-family dwellings constructed within the project shall substantially conform to
the materials and elevations proposed and included in Exhibit A.5 of the attached
Findings of Fact and Conclusions of Law (Exhibit `B"). The rear or sides of structures on
lots that face E. Zaldia Street, E. Elliana Drive, and N. Howey Lane, collector streets,
shall incorporate articulation through changes in materials, color, modulation, and
architectural elements (horizontal and vertical) to break up monotonous wall planes and
roof lines.
d. A minimum of 3.98 acres (approximately 13.2% of the site) of qualified open space shall
be provided within this development in accord with the standards listed in UDC 11 -3G -
3B as shown on the proposed preliminary plat and landscape plan, excluding the storm
drainage area on Lot 1, Block 6.
e. Provide a gazebo on the island in the pond on Lot 2, Block 4 with two picnic tables
within the common area on the north side of the pond as amenities for the development
in accord with the standards listed in UDC 11 -3G -3C.
DEVELOPMENT AGREEMENT - SHELBURNE SUBDIVISION (A7 - 15-003) PAGE 3 OF 8
£ The existing accessory structure is allowed to remain on Lot 4, Block 2 until the primary
structure can be constructed.
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:
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/Developers 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 party responsible for such performance,
which shall include, without limitation, acts of civil disobedience, strikes or
similar causes, the time for such performance shall be extended by the
amount of time of such delay.
DEVELOPMENT AGREEMENT - SHELBURNE SUBDIVISION (AZ - 15-003) PAGE 4 OF 8
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.
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
IJDC, to insure the installation of required improvements, which the Owner/Developer agree to
provide, if required by the City.
1.2. 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, or sufficient surety of performance is provided by Owner/Developer to the City in accordance
with Paragraph 11 above.
13. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agree 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:
with copy to:
City Clerk City Attorney
City of Meridian City of Meridian
33 E. Broadway Ave. 33 E. Broadway Avenue
Meridian, Idaho 83642 Meridian, ID 83642
DEVELOPMENT AGREEMENT - SHELBURNE SUBDIVISION (AZ -15-003) PAGE 5 OF 8
OWNER/DEVELOPER:
Shelburne Properties, LLC
PO Box 8256
Boise, ID 83707
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.
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 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 have fully performed their 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 Owners /Developers and City relative to the
DEVELOPMENT AGREEMENT - SHELBURNE SUBDIVISION (AZ - 15-003) PAGE 6 OF 8
subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral
or written, express or implied, between Owner/Developer and City, other than as are stated herein.
Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to
this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them
or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted
ordinance or resolution of City.
21.1 No condition governing the uses and/or conditions governing re -zoning ofthe subject
Property herein provided for can be modified or amended without the approval of the
City Council after the City has conducted public hearing(s) in accordance with the
notice provisions provided for a zoning designation and/or amendment in force at the
time of the proposed amendment.
22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the
(late 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.
DEVELOPER/OWNER:
Shelburne Properties, LLC
By:
Randy Clar o, Mem er
$Go�`0XtATPD tt CL* x^V
city of
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Jay ee L. Holman, Clerkode T R r X$
DEVELOPMENT AGREEMENT — SHELBURNE SUBDIVISION (AZ — 15-003) PAGE 7 OF 8
STATE OF IDAHO )
ss:
County of Ada, )
On this ' day of September, 2015, before me, the undersigned, a Notary Public in and for
said State, personally appeared Randy Clarno known or identified to me to be a member of
Shelburne Properties, LLC, and acknowledged to me that he executed the same on behalf of said
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)
F\P ' Notary Public for Idaho
®1. Residing at: o
®® My Commission Expires: i'Ll '2k
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STATE OF IDAHO )
ss
County of Ada )
On this_E�— day of September, 20 5�before me, a Notary Public, personally appeared
Tammy de Weerd and "yeee L. Holnj ,i now 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.
Cly O
(SEAL) i,� Notary Public f Id ho
Residing at: I k6&'(T�
IC ,'h•• Commission expires:
oe•j�AHO oo°
DEVELOPMENT AGREEMENT — SHELBURNE SUBDIVISION (AZ — 15-003) PAGE 8 OF 8
EXHIBIT A
:rm�Y )233WFST SfATF STRFET { BoLv,, Ib 8371.4 1 208.639.6939 1 FAC 208.639.x;7930
April 10, 2015
Project No,: 14 124
Shelburne Subdivision
Annexation and Zoning Leal
Exhibit A
A parcel of land being Lols 1 and 2, Block 1, Zaidien Zerua Subdivision, as recorded in Plat Book 81 at Pages
8783 through 8784, official records of Ada County, Idaho, and the South 1/2 of the Northeast 1/4 of the
Southwest '1/4 of Section 28, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, and being
more particularly described as follows:
Commencing at it found aluminum cap marking the southwest corner of said Section 28, thence following lire
southerly line of said Southwest 1/4, S89°11 22"L a distance of 2,660.61 feet to a found brass cap narking the
south 1/4 coater of said Section;
Thence leaving said southerly line and following the easterly line of said Southwest 1/4, NOO°31'05"E it
distance of 1,324.35 feet to a found 5/8 -inch rebar marking the southeast corner of said South 1/2 of the
Northeast 1/4 of the Southwest 1/4 and being, the POINT of BEGINNING,
Thence leavingsaid easterly line and following the southerly line of said Sough 1/2 of the Northeast 1/4 of the
Southwest 1/4, N89"19'15"W a distance of 1,329,17 feet to a found 5/8 -inch rebar marking; the southwest
corner of said South 1/2 of the Northeast 1/4 of the Southwest 1/4 and the southeast corner of said Lot 1,
Block l;
Thence leaving said southerly line of the South 1/2 of the Northeast 1/4 of the Southwest 1/4 and following
the southerly line of said Lot 1 and 2, Block 1, N89°19'15"W a distance of 658,78 feet to a found 5/8 -Inch rebar
marking the southwest corner of said Lot 2, Block 1;
Thence leaving, said southerly Zine said Lot 1 and 2, Block 1, and following the westerly line of said Lot 2, Block
1, N0O"33'52"E a distance of 661,18 feet to a found 5/8 inch rebar marking llie northwest corner of said lot 2,
Block 1;
Thence leaving said westerly line and following; the northerly line of said Lot 1 and 2, Block :1, S89°21'53"E a
distance of 658.81 feet to a found 5/8 -inch rebar marking, the northeast corner of said Lot :L, WWI and the
northwest corner of said South 1/2 of the Northeast 1/4 of the Southwest 1/4;
Thence leaving said northerly line of Lot t and 2, Block 1, and following the northerly line of said South 1/2 of
the Northeast 1/4 of the Southwest 1/4, S89°21'53"E a distance of 1,328,60 feet to a found 5/8 -inch rebar
marking lire northeast corner of said South 1/2 of the Northeast 1/4 of the Southwest 1/4;
Thence Icavinp,, said northerly line of said South 1/2 of the Northeast 1/4 of tiro Southwost'1/4, and following
the easterly line of said Southwest 1/4, S0O°31'05"W a distance of 662.70 feet to the POINT OF BEGINNING,
Said parcel contains 30.205 acres, more or less, and is subject to all existing easements and/or rights -of may of
record or implied.
Attached hereto is Exhibit Band by oris reference is made it part hereof.
,,, .2459 ,
ENGINEERS ( SURVEYORS I PLANNERS
Shelburne Subdivision — AZ 15-003
EXHIBIT A
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Subdivision Subdivision O i cn
589'21'53"E 658.81' O
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S 1/2 NE 1/4 SW 1/4
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Subdivision Subdivision oP c SZ u
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N89'19'17W-658.78' N89'19'15"14'1329.17' /° rp
Martinel POINT OF—/ S
Subdivision Unplatted BEGINNING En
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M �auiEn: 14114
SHEET:
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S\Q,pL LAMO
QF'Gls POINT OF COMMENCEMENT FOUND BRASS CAP z)
FOUND ALUMINUM CAP S 1/4 CORNER SECTION 28 lam
12459 SW CORNER SECTION 28
ggqlF OF \OPO L`3 Z$ S89'15'22°E 2660.61' Er r'EFu.saEec rEervera
32 33 — — — �aaoiz V,,
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Shelburne Subdivision — AZ 15-003
CITY OF MERIDIANTT�1�T
FINDINGS OF FACT, CONCLUSIONS OF LAW AND
DECISION & ORDER
In the Matter of the Request for Annexation and Zoning of 30.21 Acres of Land with an R-4 Zoning
District; Preliminary Plat Consisting of Seventy Eight (78) Building Lots and Fifteen (15) Common
Lots on 30.2 Acres of Land for Shelburne Subdivision; and Vacation of the Existing Public Utilities,
Drainage, and Irrigation Easements, by Shelburne Properties, LLC.
Case No(s). AZ -15-003; PP -15-005; VAC -15-006
For the City Council Hearing Date of. June 23, 2015 (Findings on July 7, 2015)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of June 23, 2015, incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of June 23, 2015, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of June 23, 2015,
incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of June 23, 2015, 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 I I 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. I1-784 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.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ -15-003; PP -15-005; VAC -15-006
-I-
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.
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of June 23, 2015, 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 hearing date of
June 23, 2015, attached as Exhibit A.
2. The applicant's request for a preliminary plat is hereby approved per the conditions of approval
in the attached Staff Report for the hearing date of June 23, 2015, attached as Exhibit A.
3. The applicant's request for a vacation is hereby approved per the attached Staff Report for the
hearing date of June 23, 2015, 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
preliminary and final plat or short plat (UDC 11 -6E -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 11-613-713).
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11-613-7.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-
6E -7C).
Notice of Two (2) Year Development Agreement Duration
The development agreement shall be signed by the property owner and returned to the City
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ -15-003; PP -15-005; VAC -15-006
-2-
within two (2) years of the City Council granting annexation and/or rezone (UDC 11-513-31)).
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 11-513-317).
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 of this decision and order
seek a judicial review as provided by Chapter 52, Title 67, Idaho Code.
F. Attached: Staff Report for the hearing date of June 23, 2015
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ -15-003; PP -15-005; VAC -15-006
-3-
By action of the City Council at its regular meeting held on the day of
2015.
COUNCIL PRESIDENT CHARLIE ROUNTREE VOTED 1/ �Im..
COUNCIL VICE PRESIDENT KEITH BIRD VOTED
COUNCIL MEMBER DAVID ZAREMBA VOTED t`�r
COUNCIL MEMBER JOE BORTON VOTED
COUNCIL MEMBER LUKE CAVENER VOTED�Q�
COUNCIL MEMBER GENESIS MILAM VOTED ®^
MAYOR TAMMY de WEERD VOTED ®�
(TIE BREAKER)
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CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ -15-003; PP -15-005; VAC -15-006
4-
EXHIBIT A
Shelburne Subdivision AZ-15-003; PP-15-005 PAGE 1
STAFF REPORT Hearing Date: June 23, 2015
TO: Mayor & City Council
FROM: Sonya Watters, Associate City Planner
208-884-5533
Bruce Freckleton, Development Services Manager
208-887-2211
SUBJECT: AZ-15-003; PP-15-005; VAC-15-006 – Shelburne Subdivision
I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST
The applicant, Shelburne Properties, LLC, has submitted an application for annexation and zoning
(AZ) of 30.21 acres of land with an R-4 zoning district. A preliminary plat (PP) is also proposed
consisting of 78 building lots and 15 common lots on 30.2 acres of land in the R-4 zoning district for
Shelburne Subdivision.
The applicant also proposes to vacate (VAC) the existing public utilities, drainage, and irrigation
easements on the portion of the site that was previously platted with Zaldien Zerua Subdivision.
II. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed AZ, PP and VAC 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 Planning & Zoning Commission heard these items on May 21, 2015. 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: Bradford Dedman; Randy Clarno
ii. In opposition: None
iii. Commenting: Lonnie Stiles; John Shaw; Doug Oldham;
iv. Written testimony: Janie Teeter; Cindy Pixley; and Lonnie and Bonnie Stiles.
v. Staff presenting application: Sonya Watters
vi. Other staff commenting on application: None
b. Key Issue(s) of Discussion by Commission:
i. Supportive of the “step” down in density from MDR to LDR and transition to existing
residences.
c. Key Commission Change(s) to Staff Recommendation:
i. None
d. Outstanding Issue(s) for City Council:
i. Block 6 where the pond and large common are is located exceeds the maximum block
length allowed of 750’; the applicant requests Council approval of a 1103 +/- foot long
block as allowed by the UDC (up to 1,200 feet) due to the block design being constrained
by the pond and topography of the land.
ii. The applicant requests a “step” down in density from MDR to LDR as allowed by the
Comprehensive Plan without an amendment to the FLUM.
iii. The applicant requests approval for the accessory structure that exists on the proposed
Lot 5, Block 2 to remain without a primary structure (a primary structure is proposed
to be constructed) (see condition #1.1.8).
EXHIBIT A
Shelburne Subdivision AZ-15-003; PP-15-005 PAGE 2
iv. The applicant requests approval of one access via E. Elliana Dr. for the existing home
proposed to remain on Lot 5, Block 6; this access requires Council approval of a waiver
to UDC 11-3C-3A for direct lot access via a collector street.
The Meridian City Council heard these items on June 23, 2015. At the public hearing, the
Council approved the subject AZ, PP and VAC requests.
a. Summary of City Council Public Hearing:
i. In favor: Randy Clarno
ii. In opposition: None
iii. Commenting: None
iv. Written testimony: Cindy Pixley; Kirsti Allphin, Applicant’s Representative
v. Staff presenting application: Sonya Watters
vi. Other staff commenting on application: None
b. Key Issues of Discussion by Council:
i. None
c. Key Council Changes to Commission Recommendation
i. Add a new DA provision (#1.1.1f) that allows the accessory structure on proposed Lot 4,
Block 2 to remain until the primary structure can be built; modify condition #1.1.8
accordingly.
ii. Modify condition #1.1.7 to allow an attached sidewalk to be constructed along the north
side of E. Elliana Drive, a collector street, on Lot 1, Block 6.
iii. Council approved a waiver to UDC 11-6C-3F to allow Block 6 to exceed the maximum
block length allowed of 750’ and to extend up to 1,200 feet as allowed by UDC 11-6C-
3F.3b due to the block design being constrained by the pond (see condition #1.1.2e).
iv. Council approved one access via E. Elliana Drive, a collector street, for the existing
home on Lot 5, Block 6 (see condition #1.1.2d).
v. Council approved a “step” down in density from MDR to LDR for this development as
allowed by the Comprehensive Plan without an amendment to the FLUM.
vi. Council approved Staff’s request based on the applicant’s request to exclude the storm
drainage area from the qualified open space requirement (see condition #1.1.1d).
vii. Remove condition #1.1.2c and #1.1.3g at staff’s request, which requires a separate
common lot to be provided for a landscape strip adjacent to lots not taking access via
the common driveway as it can be included in the common lot for the driveway.
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Numbers AZ-15-
003, PP-15-005 and VAC-15-006, as presented in the staff report for the hearing date of June 23,
2015, with the following modifications: (Add any proposed modifications).
Denial
After considering all staff, applicant and public testimony, I move to deny File Numbers AZ-15-003,
PP-15-005 and VAC-15-006, as presented during the hearing on June 23, 2015, for the following
reasons: (You should state specific reasons for denial)
Continuance
I move to continue File Numbers AZ-15-003, PP-15-005 and VAC-15-006to 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
EXHIBIT A
Shelburne Subdivision AZ-15-003; PP-15-005 PAGE 3
A. Site Address/Location:
The site is located at 3405, 3497, and 3801 E. Zaldia Lane, in the SW ¼ of Section 28, Township
3 North, Range 1 East. (Parcel Numbers: R9827130200; R9827130100; S1128315275;
S1128315000)
B. Owners:
Phillip & Judy DeAngeli
3405 E. Zaldia Ln.
Meridian, ID 83642
Frank & Helen Shoemaker
3497 E. Zaldia Ln.
Meridian, ID 83642
William & Shari Lewis
3801 E. Zaldia Ln.
Meridian, ID 83642
C. Applicant:
Shelburne Properties, LLC
P.O. Box 8265
Boise, Idaho 83707
D. Representative:
Kirsti Allphin, 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, preliminary plat and vacation. A public
hearing is required before the Planning & Zoning Commission and City Council on the
annexation and zoning and preliminary plat applications; and a public hearing is required onlfy
before the City Council on the vacation application, consistent with Meridian City Code Title 11,
Chapter 5.
B. Newspaper notifications published on: May 4 and May 18, 2015 (annexation and zoning &
preliminary plat) (Commission); June 1 and 15, 2015 (annexation and zoning & preliminary plat)
(City Council) and June 8 and 15, 2015 (vacation) (City Council)
C. Radius notices mailed to properties within 300 feet on: April 30, 2015 (annexation and zoning &
preliminary plat) (Commission); May 28, 2015 (annexation and zoning & preliminary plat) (City
Council) and June 5, 2015 (vacation) (City Council)
D. Applicant posted notice on site(s) on: May 11, 2015 (Commission); June 10, 2015 (City Council)
VI. LAND USE
A. Existing Land Use(s) and Zoning: The annexation area consists of three rural residential
properties, zoned RUT in Ada County.
B. Character of Surrounding Area and Adjacent Land Use and Zoning:
1. North: Single-family residential properties, zoned R-2 in the City and RUT in Ada County
EXHIBIT A
Shelburne Subdivision AZ-15-003; PP-15-005 PAGE 4
2. East: Rural residential properties, zoned RUT in Ada County
3. South: Rural residential and agricultural property, zoned RUT in Ada County (future High
School site and proposed Nesting Swan Ranch Subdivision)
4. West: Single-family residential properties, zoned R-2
C. History of Previous Actions: The DeAngeli and Shoemaker properties were included as lots
(Lots 1 and 2, Block 1) in the Zaldien Zerua Subdivision plat in Ada County. These lots have
public utilities, drainage and irrigation easements that were included on the subdivision plat that
are proposed to be vacated with this application.
D. Utilities:
1. Location of sewer: Sanitary sewer mains intended to provide service to the proposed
development currently exist in E. Zaldia Street.
2. Location of water: Water mains intended to provide service to the proposed development
currently exist in E. Zaldia Street, and S. Eagle Road.
3. Issues or concerns: Applicant shall be required to loop the proposed water system to the
existing water mains noted above. Final sizing and routing to be worked out with the
Community Development Department.
E. Physical Features:
1. Canals/Ditches Irrigation: There are some irrigation ditches that cross this site.
2. Hazards: There is a large existing pond on this site that may create a safety hazard for young
children.
3. Flood Plain: This site does not lie within the Meridian Floodplain Overlay District.
VII. COMPREHENSIVE PLAN POLICIES AND GOALS
The Comprehensive Plan Future Land Use Map (FLUM) designates this site as Medium Density
Residential (MDR). MDR designated areas allow smaller lots for residential purposes within City
limits. Uses may include single-family homes at gross densities of 3 to 8 dwelling units per acre
(d.u./acre).
EXHIBIT A
Shelburne Subdivision AZ-15-003; PP-15-005 PAGE 5
The applicant proposes to develop this 30.21 acre site with 78 single-family detached structures at a
gross density of 2.58 dwelling units per acre (d.u./acre) and a net density of 4.33 d.u./acre, which is
below the density desired in MDR designated areas.
The Comprehensive Plan allows for other residential densities to be considered without requirement
an amendment to the Plan; however, the density can only be changed one “step”. The applicant
requests a “step” down in density from MDR to Low Density Residential (LDR) as allowed in the
Comprehensive Plan without an amendment to the FLUM. Due to the location of the site and the rural
nature of the area, the applicant believes a lower density provides a favorable transition between the
low density acreage properties north and east of this site and the higher density existing and proposed
developments to the west and south.
The LDR designation allows for the development of single-family homes on large lots where urban
services are provided. Uses may include single-family homes at gross densities of 3 dwelling units or
less per acre. Staff finds the density proposed by the applicant with the preliminar y plat is consistent
with the density desired in LDR designated areas. Staff is supportive of the applicant’s request for a
step down in density for this property.
Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to
the proposed use (staff analysis in italics):
“Provide for a wide diversity of housing types (single-family, modular, mobile homes and
multi-family arrangements) and choices between ownership and rental dwelling units for all
income groups in a variety of locations suitable for residential development.” (3.07.03B)
The proposed larger lots with single-family detached dwellings will contribute to the variety
of housing types available within the City. Staff is unaware if the proposed dwellings will be
owner occupied or rentals.
“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 are available and will be extended by the developer to the proposed lots upon
development of the site in accord with UDC 11-3A-21.
“Protect existing residential properties from incompatible land use development on adjacent
parcels.” (3.06.01F)
The proposed single-family detached dwellings should be compatible with existing
surrounding low density single-family residential detached dwellings and the future high
school to the south.
“In residential areas, other residential densities will be considered without requiring a
Comprehensive Plan Amendment. However, the density can only be changed one “step” (i.e.,
from low to medium, not low to high, etc.).”
The preliminary plat depicts a gross density of 2.58 d.u./acre in an MDR designated area.
The applicant proposes a “step” down in density from the MDR to the LDR designation for
this site, which allows for single-family homes at gross densities of 3 dwelling units or less
per acre. Approval of the step down in density will provide a transition between the low
density acreage properties north and east of this site and the existing and proposed higher
density projects to the west and south of the site.
“Require common area in all subdivisions.” (3.07.02F)
The proposed plat depicts a total of 4.3 acres (or 14.5%) of qualified open space in accord
with the requirements listed in UDC11-3G-3.
EXHIBIT A
Shelburne Subdivision AZ-15-003; PP-15-005 PAGE 6
“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 stub street (S. Martinel Ave.) to the south for future extension
and the collector streets (E. Elliana Drive and N. Howry Ln.) stub to the east and south
boundaries of the site for future extension. East Zaldia Street, which exists at the northwest
corner of the site as a public street, will be extended through this site as a collector street to
the east boundary.
Staff believes the proposed “step” down in density will be consistent and compatible with
adjacent low density residential properties. Therefore, in accord with the above reasons, staff
believes the proposed development is consistent with the Comprehensive Plan.
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 medium
low-density residential (R-4) district allows a maximum gross density of 4 dwelling units per
acre.
B. Schedule of Use: Unified Development Code (UDC) Table 11-2A-5 lists the principal permitted
(P), accessory (A), conditional (C), and prohibited (-) uses in the R-4 zoning district. Any use not
explicitly listed, or listed as a prohibited use is prohibited. The proposed use of the site for single-
family detached dwellings is a principal permitted use in the R-4 zoning district.
C. Dimensional Standards: Development of the site should be consistent with the dimensional
standards listed in UDC Tables 11-2A-5 for the R-4 zoning district.
D. Landscaping: Street buffer landscaping shall be installed in accordance with the standards listed
in UDC Table 11-2A-5 for the R-4 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 for annexation and zoning of 30.21 acres of land with an R-4 zoning
district. As discussed above in Section VII, staff believes the proposed zoning is consistent with
the policies in the Comprehensive Plan as noted above with a “step” down in density.
The applicant proposes to develop 78 new single-family residential detached homes on 30.21
acres of land as shown on the preliminary plat included 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 a DA as a provision of annexation with the provisions included in
Exhibit B.
EXHIBIT A
Shelburne Subdivision AZ-15-003; PP-15-005 PAGE 7
2. Preliminary Plat
The proposed plat depicts 78 building lots and 15 common lots on 30.21 acres of land in a
proposed R-4 zoning district (see Exhibit A.2). The property is proposed to develop in 2 phases,
starting at the west boundary with 40 building lots, followed by an additional 38 building lots as
shown on the conceptual phasing plan in Exhibit A.2. The gross density for the subdivision is
2.58 d.u./acre with a net density of 4.33 d.u./acre. The average lot size is 10,090 square feet.
Existing Structures: There are 3 existing homes and associated outbuildings (accessory
structures) on the site. By definition (UDC 11-1A-1), an accessory structure is, “A detached
structure in a residential zoning district that is incidental and subordinate to the principal
structure and is located upon the same property. . .” There is an existing accessory structure on
the proposed Lot 4, Block 2, but no principal structure exists on this site (the Shoemaker’s plan to
move from their existing home on proposed Lot 5 and build a new house on proposed Lot 4 and
keep their outbuilding). All existing structures that are proposed to remain must comply with
UDC standards, including the setback standards of the R-4 district, or be removed prior to City
Engineer signature on the final plat.
Staff has reviewed the footprint of the existing homes shown on the landscape plan and they
appear to comply with the setback requirements of the R-4 district. However, the applicant
should submit an exhibit with the final plat application that depicts all buildings that are
proposed to remain that demonstrates compliance with the setback requirements. The
existing accessory structure on Lot 4, Block 2 shall either be removed; or, Lots 4 and 5
should be reconfigured so the accessory structure is located on Lot 5 with the house [a
property boundary adjustment could be requested at a later date after the plat is recorded and a
primary structure (home) is built on Lot 4 to shift the property boundary between Lots 4 and 5
so the accessory structure is on Lot 4 with the new house].
Dimensional Standards: Development of this site is required to comply with the dimensional
standards listed in UDC 11-2A-3 and Table 11-2A-5 for the R-4 district and. Staff has reviewed
the proposed plat and found it to be in compliance with these standards, except for Lot 2,
Block 4, which has a street frontage of 36 feet and is required to have a minimum street
frontage of 60 feet; staff recommends a common driveway is provided for Lots 2 and 3,
Block 4, or Lot 2 is modified to provide a 60 foot street frontage.
Block Length: The plat is required to comply with the block length standards listed in UDC 11-
6C-3F.
Staff has reviewed the proposed plat and found the portion of Block 2 that lies along the south
side of E. Fratello Street exceeds the 750 foot length requirement. The UDC allows block lengths
to extend up to 1,000 feet in length when a pedestrian connection is provided. A common lot with
a pathway is depicted within Block 2 in accord with this requirement which will provide
pedestrian connectivity to the future school site to the south. Staff recommends this common lot
is shifted to the west to better align with the north/south sidewalk along S. Newbridge Place.
Block 6 also exceeds the maximum block length of 750 feet. The UDC allows for Council to
approve block lengths up to 1,200 feet in length where the block design is constrained by
certain site conditions that include a large waterway such as the pond on this site. Because
of the topography of the land at the east end of the pond and the location of the existing
home, the applicant states a street connection in this location isn’t feasible to break up the
block length. Therefore, the applicant requests Council approval of the proposed 1,103+/-
foot block length as shown on the proposed plat.
Access: Access is proposed for this site via one access at the northwest corner from E. Zaldia
Street via S. Eagle Road.
EXHIBIT A
Shelburne Subdivision AZ-15-003; PP-15-005 PAGE 8
The Fire Department typically requires a secondary emergency access to be provided for
over 30 homes; however, the Fire Department has agreement to allow up to 40 homes for
this project without a secondary access (see condition #4.8 and 4.9 in Exhibit B). The first
phase final plat should not include more than 40 building lots without a secondary
emergency access being provided.
Direct lot access via the collector streets (E. Zaldia St., E. Elliana Dr. and N. Howry Ln.) is
prohibited in accord with UDC 11-3C-3A. One access point via E. Elliana Dr. is depicted on
the plat for access to the existing home proposed to remain on Lot 5, Block 6; this access
will require approval of a waiver to UDC 11-3C-3A from City Council. If a waiver is not
granted, the plat should be revised to provide access to Lot 5, Block 6 via S. Stockenham
Ave. or S. Zaldia Ct. The reason for the request for access via a collector street is the garage and
driveway for the existing home is situated on the south side of the house; the topography is also
such that it’s not feasible for a driveway access from the north or east.
Streets: All of the proposed streets depicted on the plat are public. The 29-foot wide street
sections proposed on the plat will only accommodate parking on one side of the street; no parking
signs are required to be installed on the opposite side of the street.
East Zaldia Street exists as a public street to the west of this site and converts to a private street at
the west boundary of the site. The private street (Zaldia Lane) runs along the north boundary of
the DeAngeli and Shoemaker properties partially on the site and across the corner of the Lewis
property then extends off-site along the north boundary. The applicant proposes to extend East
Zaldia Street as a public collector street that shifts to the southeast and turns into E. Elliana Drive
and connects with N. Howry Lane, also designated as a collector street, at the east boundary.
A stub street is depicted to the north at the west end of the large common area lot for public street
access to the adjacent property to the north.
Traffic Impact Study (TIS): A TIS was not required by ACHD for this development. ACHD’s
conditions of approval are included in Exhibit B.7.
Common Driveways: The applicant is proposing 4 common driveways in this project. All
common driveways should comply with the standards listed in UDC 11-6C-3D. Staff has
reviewed the common driveways depicted on the plat and they are consistent with these standards
except for lots noted on the plat that abut common lots but aren’t taking access from the common
lots. Unless limited by a significant geographical feature or by a minimum 5-foot wide
landscaped common lot, all properties that abut a common driveway are required to take
access from the driveway. Staff recommends the plat is revised accordingly.
A perpetual ingress/egress easement is required to 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.
The setbacks, building envelope, and orientation of the lots and structures are required to be
shown on the preliminary plat and/or as an exhibit with the final plat application.
Parking: Off-street parking is required on each residential lot in accord with the standards listed
in UDC 11-3C-6.
Landscaping: A landscape plan was submitted with this application for the area proposed to be
platted as shown in Exhibit A.3.
EXHIBIT A
Shelburne Subdivision AZ-15-003; PP-15-005 PAGE 9
A 20-foot wide street buffer is required along both sides of E. Zaldia Street and E. Elliana Drive,
and along the west side of N. Howry Lane, all collector streets, per UDC Table 11-2A-5 as
proposed. Landscaping shall be installed in accord with the standards listed in UDC 11-3B-7C.
Landscaping within the common areas is required in accord with the standards listed in UDC 11-
3G-3E. The landscape plan appears to comply with all of the aforementioned standards except
that landscaping will be required within common lots adjacent to common driveways for lots not
taking access from the common driveway(s) as noted above.
Tree Mitigation: Mitigation is required for all existing trees 4-inch caliper or greater that are
removed from the site with equal replacement of the total calipers lost on site up to an amount of
100% replacement, in accord with UDC 11-3B-10C.5.
There are many existing trees on the site, some of which are proposed to be removed. The
applicant has submitted a tree mitigation plan that is included in Exhibit A.4. 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.
Parkways: Eight-foot wide landscaped parkways are proposed along the collector streets (E.
Zaldia St., E. Elliana Dr., and N. Howry Lane) in accord with the standards listed in UDC 11-3A-
17 and 11-3G-3B.5.
Open Space: A minimum of 10% qualified open space is required to be provided for this
development in accord with UDC 11-3G-3A.1. Based on the area of the preliminary plat (30.21
acres), a minimum of 3.02 acres of qualified open space is required to be provided as set forth in
UDC 11-3A-3B.
The applicant proposes the street buffers (1.2 acres) and parkways (0.5 acre) along the collector
streets, the pond and associated common area (2.56 acres), and common area where a micro-path
is located (0.04 acre) for a total of 4.3 acres (or 14.5%) of qualified open space in accord with
UDC requirements.
In order for the stormwater drainage swale shown on Lot 2, Block 4 to count toward qualified
open space it must be constructed in accord with the standards listed in UDC 11-3B-11C.
Site Amenities: All developments consisting of five acres of more are required to provide a
minimum of one site amenity; one additional site amenity is required for each additional 20 acres
per UDC 11-3G-3A.2, in accord with the standards listed in UDC 11-3G-3C.
Based on the area of the preliminary plat (30.21 acres), a minimum of one qualified site amenity
is provided. The applicant proposes to provide a gazebo on the island in the pond and some picnic
tables on the north side of the pond as amenities for the subdivision in accord with UDC 11-3G-
3C. A detail of the gazebo should be submitted with the final plat application.
Pathways: The Pathways Master Plan does not depict a regional pathway on this site.
Sidewalks: Sidewalks are required along all public streets as set forth in UDC 11-3A-17. Five-
foot wide detached sidewalks are required along both sides of E. Zaldia Street and E. Elliana
Drive and along the west side of N. Howry Lane, collector streets; 5-foot wide attached sidewalks
are proposed along local streets within the development in accord with UDC standards.
Utilities: 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.
Street lighting is required to be installed within the development in accord with the City’s
adopted standards, specifications and ordinances.
EXHIBIT A
Shelburne Subdivision AZ-15-003; PP-15-005 PAGE 10
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 dry stream bed is proposed on Lot 1, Block 6 for collection and retention of storm water prior
to release to the existing pond. The facility should comply with the standards listed in UDC 11-
3B-11C in order to count toward qualified open space. Underground seepage beds are also
proposed.
Open Water Ponds: A 0.8 acre pond exists and is proposed to remain on Lot 1, Block 6. The
pond is required to have recirculated water and shall be maintained such that it does not become a
mosquito breeding ground as set forth in UDC 11-3G-3B.8.
Water amenities area required to have banks no steeper than one foot vertical per every four feet
horizontally with a depth and velocity in all places such that the product of the maximum depth
(feet) multiplied by the peak velocity (feet per second) does not exceed four. Staff recommends
documentation is submitted with the final plat application from the project engineer
verifying that the existing pond and any changes to the pond comply with the standards for
a water amenity as defined in UDC 11-1A-1.
Waterways: There are some irrigation ditches that cross this site. The UDC (11-3A-6) requires
all irrigation ditches, laterals, canals and drains to be piped unless left open as a water amenity (as
defined in UDC 11-1A-1) or linear open space. The applicant is proposing to cover the irrigation
ditches on this site.
Floodplain: This property does not lie within the Meridian Floodplain Overlay District.
Building Elevations: The applicant has submitted 7 photos of sample building elevations for
future homes in this development, included in Exhibit A.5. Building materials appear to consist of
a mix of stucco, board and batten lap siding, and cultured stone wainscot with architectural
shingles.
Because the rear or side of homes on lots that face E. Zaldia Street, E. Elliana Drive, and N.
Howry Lane, all collector streets, will be highly visible, staff recommends the rear or sides
of structures on these lots incorporate articulation through changes in materials, color,
modulation, and architectural.
Fencing: All fencing should comply with the standards listed in UDC 11-3A-6B and 11-3A-7.
No fencing is depicted on the landscape plan.
Per UDC 11-3A-7A.7, the developer is responsible to construct fencing adjacent to
micropath connections to distinguish common from private areas. Additionally, staff
recommends fencing is installed along the common lot line between Lots 16 and 21, Block 1
to establish private from common area. Staff further recommends fencing is provided
between Lot 1, Block 6 and Lots 2-5, Block 6 to distinguish common from private areas and
to prevent the pond from becoming an easily accessible hazard to adjacent buildable lots;
fencing should be installed in accord with the standards listed in UDC 11-3A-7A.7. The
landscape plan should be revised in accord with this requirement.
3. Vacation: The applicant proposes to vacate (VAC) the existing public utilities, drainage, and
irrigation easements on the portion of the site that was platted with Zaldien Zerua Subdivision.
The plat depicting the easements proposed to be vacated is included in Exhibit A.6.
EXHIBIT A
Shelburne Subdivision AZ-15-003; PP-15-005 PAGE 11
The applicant has submitted letters of relinquishment of the easements from the easement holders
(Idaho Power, Cable One, Intermountain Gas Company, Boise Project Board of Control, and
NMID), included in Exhibit A.7. All of the easement holders have granted consent for the
applicant to vacate the subject easements. New easements are depicted on the proposed plat.
After reviewing the proposed project against the policies within the Comprehensive Plan and the
standards within the UDC, Staff recommends 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 accord with the findings contained in Exhibit C.
Staff also recommends approval of the proposed vacation of easements.
X. EXHIBITS
A. Drawings/Other
1. Vicinity Map
2. Proposed Preliminary Plat (dated: 4/10/15 6/11/15 REVISED) & Conceptual Phasing Exhibit
3. Proposed Landscape Plan (dated: 4/8/15 6/18/15 REVISED) & Amenity Exhibit
4. Tree Mitigation Plan (dated: 4/8/15 6/18/15 REVISED)
5. Conceptual Building Elevations & Materials
6. Easements Proposed to be Vacated
7. Relinquishment of Easements Letters
B. Agency & Department Comments/Conditions
C. Legal Description & Exhibit Map for Annexation Boundary
D. Required Findings from Unified Development Code
EXHIBIT A
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A. Drawings/Other
1. Vicinity Map
EXHIBIT A
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2. Proposed Preliminary Plat (dated: 4/10/15 6/11/15 REVISED) & Conceptual Phasing Exhibit
EXHIBIT A
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EXHIBIT A
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3. Proposed Landscape Plan (dated: 4/8/15 6/18/15 REVISED) & Amenity Exhibit
EXHIBIT A
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EXHIBIT A
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EXHIBIT A
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EXHIBIT A
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EXHIBIT A
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EXHIBIT A
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4. Tree Mitigation Plan (dated: 4/8/15 6/18/15 REVISED)
EXHIBIT A
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EXHIBIT A
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EXHIBIT A
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EXHIBIT A
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5. Conceptual Building Elevations & Materials
EXHIBIT A
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EXHIBIT A
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6. Easements Proposed to be Vacated
EXHIBIT A
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7. Relinquishment of Easements Letters
EXHIBIT A
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EXHIBIT A
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EXHIBIT A
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EXHIBIT A
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EXHIBIT A
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EXHIBIT A
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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.
Currently, a fee of $303.00 shall be paid by the applicant to the Planning Division prior to
commencement of the DA after City Council approves the findings. The DA shall be signed by
the property owner and returned to the City within two (2) years of the City Council granting
annexation. The DA shall, at minimum, incorporate the following provisions:
a. Direct lot access to E. Zaldia Street, E. Elliana Drive, and N. Howry Lane, all collector
streets, is prohibited in accord with UDC 11-3A-3 unless otherwise approved by City Council
and ACHD.
b. Future development of this site shall be generally consistent with the preliminary plat,
landscape plan and building elevations depicted in Exhibit A and the revisions noted in the
staff report.
c. All single-family dwellings constructed within the project shall substantially conform to the
materials and elevations proposed and included in Exhibit A.5. The rear or sides of structures
on lots that face E. Zaldia Street, E. Elliana Drive, and N. Howry Lane, collector streets, shall
incorporate articulation through changes in materials, color, modulation, and architectural
elements (horizontal and vertical) to break up monotonous wall planes and roof lines.
d. A minimum of 4.3 3.98 acres (approximately 14.5 13.2% of the site) of qualified open space
shall be provided within this development in accord with the standards listed in UDC 11-3G-
3B as shown on the proposed preliminary plat and landscape plan, excluding the storm
drainage area on Lot 1, Block 6.
e. Provide a gazebo on the island in the pond on Lot 2, Block 4 with two picnic tables within the
common area on the north side of the pond as amenities for the development in accord with
the standards listed in UDC 11-3G-3C.
f. The existing accessory structure is allowed to remain on Lot 4, Block 2 until the primary
structure can be constructed.
1.1.2 The preliminary plat included in Exhibit A.2, dated 6/11/15, is approved with the following
changes:
a. Provide a common driveway for access to Lots 2 and 3, Block 4; or, revise the street frontage
of Lot 2, Block 4 to comply with the minimum street frontage requirement of 60 feet in the
R-4 district, per UDC Table 11-2A-5.
b. Shift the pathway common lot (Lot 21, Block 2) further to the west to better align with the
north/south sidewalk along S. Newbridge Place. Said common lot should be improved with a
minimum 5-foot wide micro-pathway, landscaping and fencing per UDC 11-3B-12 and 11-
3A-7A.7.
c. A minimum 5-foot wide landscaped common area lot shall be included to separate properties
that share a common lot line with a common driveway if the lot isn’t taking access from the
common driveway in accord with UDC 11-6C-3D.5.
EXHIBIT A
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d. Access to Lot 5, Block 6 shall be provided off S. Stockenham Ave. or S. Zaldia Ct. via a flag
or other means in accord with UDC 11-3A-3A, unless access via the collector street (E.
Elliana Dr.) is approved by City Council and ACHD. The lot frontage depicted on E. Elliana
Drive shall be removed and replaced with a minimum 20-foot wide landscaped common lot
in accord with the standards listed in UDC 11-3B-7C. Council approved one access via the E.
Elliana Drive for the existing home proposed to remain on Lot 5, Block 6; approval from
ACHD for the access is required.
e. The face of Block 6 that abuts E. Elliana Drive exceeds the maximum block length
requirement of 750 feet listed in UDC 11-6C-3F. The applicant should either revise the plat
to comply with this requirement; or, request Council approval of a block face up to 1,200 feet
in length because the block design is constrained by site conditions such as a large waterway
(pond) and topography as set forth in UDC 11-6C-3F. Council approved a waiver to UDC 11-
6C-3F to allow Block 6 to exceed the maximum block length allowed of 750’ and to extend
up to 1,200 feet as allowed by UDC 11-6C-3F.3b due to the block design being constrained
by the pond.
1.1.3 The landscape plan included in Exhibit A.4, dated 6/18/15, shall be revised as follows:
a. The applicant shall 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. A mitigation plan shall be submitted with the final plat based on the confirmed
mitigation requirements.
b. Provide landscaping on either side of the pathway in Lot 21, Block 2 in accord with the
standards listed in UDC 11-3B-12C.
c. Include fencing adjacent to all micropath connections to distinguish common from private
areas as set forth in UDC 11-3A-7A.7.
d. Include fencing on the common lot line between Lots 16 and 21, Block 1 to distinguish the
common lot from private and to prohibit a through-lot situation.
e. Provide fencing between Lot 1, Block 6 and Lots 2-5, Block 6 to distinguish common from
private areas and to prevent the pond from becoming an easily accessible hazard to adjacent
buildable lots, in accord with the standards listed in UDC 11-3A-7A.7.
f. Include a detail of the gazebo proposed on the island.
g. A minimum 5-foot wide landscaped common area lot shall be included to separate properties
that share a common lot line with a common driveway if the lot isn’t taking access from the
common driveway, per UDC 11-6C-3D.5.
EXHIBIT A
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1.1.4 A gazebo shall be provided on the island in the pond and at least two picnic tables shall be
provided on the north side of the pond as amenities for the subdivision in accord with UDC 11-
3G-3C as proposed in Exhibit A.3.
1.1.5 The pond on Lot 1, Block 6, shall have recirculated water and shall be maintained such that it
does not become a mosquito breeding ground as set forth in UDC 11-3G-3B.8 and shall have
banks no steeper than one foot vertical per every four feet horizontally with a depth and velocity
in all places such that the product of the maximum depth (feet) multiplied by the peak velocity
(feet per second) does not exceed four. Documentation shall be submitted from the project
engineer verifying that the existing pond and any changes to the pond comply with the standards
for a water amenity as defined in the UDC.
1.1.6 An emergency access shall be provided for any development over 40 building lots in accord with
Fire Department conditions #4.8 and 4.9 in Exhibit B. The first final plat shall not exceed 40
building lots without a secondary emergency access.
1.1.7 Sidewalks are required along all public streets as set forth in UDC 11-3A-17. Five-foot wide
detached sidewalks are required along both sides of E. Zaldia Street and E. Elliana Drive and
along the west side of N. Howry Lane, all both collector streets; and 5-foot wide sidewalks are
required along local streets within the development. A 5-foot wide attached sidewalk is allowed
to be constructed along the north side of E. Elliana Drive, a collector street, on Lot 1, Block 6 as
approved by City Council.
1.1.8 Any existing structures that are not contained within a lot or that do not comply with the setback
requirements of the R-4 zoning district shall be removed prior to City Engineer signature on the
final plat. Accessory structures are not allowed on a lot without a principal or primary structure
(house); therefore, the structure on Lot 4, Block 2 shall be removed or it shall be included within
Lot 5, Block 2 until the primary structure is constructed on Lot 4, after which time a property
boundary adjustment could be approved to include the accessory structure on Lot 4.
1.1.9 All common driveways shall comply with the standards listed in UDC 11-6C-3D. A perpetual
ingress/egress easement is required to 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. A copy of said easement shall be submitted to the Planning Division of the
Community Development Department prior to signature of the final plat by the City Engineer.
1.1.10 The setbacks, building envelope, and orientation of the lots and structures on lots accessed by a
common driveway are required to be shown on the preliminary plat and/or as an exhibit with the
final plat application in accord with UDC 11-6C-3D.
1.1.11 The applicant shall submit an exhibit with the final plat application that depicts all buildings that
are proposed to remain and demonstrates compliance with the setback requirements.
1.2 General Conditions of Approval
1.2.1 Comply with all bulk, use, and development standards of the R-4 zoning district listed in UDC
Table 11-2-A-5.
1.2.2 Comply with all provisions of 11-3A-3 with regard to access to streets.
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.
EXHIBIT A
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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 11-3A-21 and 11-3B-5J.
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-
11C.
1.2.11 Construct all parkways consistent with the standards as set forth in UDC 11-3A-17E, 11-3G-3B5
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 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 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.
1.2.15 The developer shall 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.
1.3 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 11-3B-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-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 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.
EXHIBIT A
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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).
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
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 11-3B-14A.
2. PUBLIC WORKS DEPARTMENT
2.1 SITE SPECIFIC CONDITIONS OF APPROVAL
2.1.1 Applicant shall be required to extend a connection from the existing 8-inch water main along the
south boundary of the development to the existing 12-inch water main line is located within S.
Eagle Road.
2.1.2 A street light plan needs to be included in the final plat application. Street light plan requirements
are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the
standards can be found at http://www.meridiancity.org/public_works.aspx?id=272
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 (MCC), the applicant shall be responsible to install sewer and water
mains to and through this development. Applicant may be eligible for a reimbursement
agreement for infrastructure enhancement per MCC 8-6-5.
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
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 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. All easements must be
submitted, reviewed, and approved prior to development plan approval.
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
EXHIBIT A
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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, canals, laterals, or drains, exclusive of natural waterways, intersecting,
crossing or laying adjacent and contiguous to the area being subdivided shall be tiled per UDC
11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any
other applicable law or regulation.
2.2.7 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
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
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.
2.2.16 All grading of the site shall be performed in 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
EXHIBIT A
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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 structures 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 light plan requirements are listed in section 6-5 of the Improvement Standards for Street
Lighting. A copy of the standards can be found on the city of meridian Public Works
Department’s website at http://www.meridiancity.org/public_works.aspx?id=272. 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. Applicant must file an application for surety, which can be found on the
Community Development Department website. 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
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. Applicant must file an application for surety, which can be found on the
Community Development Department website. Please contact Land Development Service for
more information at 887-221.
3. POLICE DEPARTMENT
3.1 The Police Department has no comment on this application.
4. FIRE DEPARTMENT
1.1 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 ½” 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 ½” outlets.
g. Fire hydrants shall be provided to meet the requirements of IFC Section 509.5.
h. Show all proposed or existing hydrants for all new construction or additions to existing
buildings within 1,000 feet of the project.
1.2 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.
EXHIBIT A
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1.3 All common driveways shall be straight or have a turning radius of 28’ inside and 48’ outside and
have a clear driving surface of 20’ in width capable of supporting an imposed weight of 75,000
GVW, per International Fire Code Section 503.2.
1.4 Provide signage (“No Parking Fire Lane”) for all fire lanes in accordance with International Fire
Code Sections 503.4 & D103.6.
1.5 Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set forth
in International Fire Code Section 304.1.2.
1.6 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.
1.7 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 10-4-2J.
1.8 To increase emergency access to the site a minimum of two points of access will be required for
any portion of the project which serves more than 40 homes, as set forth in International Fire
Code Section D107.1. The two entrances should be separated by no less than ½ the diagonal
measurement of the full development as set forth in International Fire Code Section D104.3.
The applicant shall provide a secondary access for the site via Howry Lane.
1.9 The roadways shall be built to Ada County Highway District cross section standards and have a
clear driving surface. Streets less than 26’ in width shall have no on-street parking; streets less
than 32’ in width shall have parking only on one side. These measurements shall be based on
the drivable surface dimension exclusive of shoulders. The overhead clearance shall be a
minimum of 13’ 6”. The roadway shall be able to accommodate an imposed load of 75,000 GVW
as set forth in International Fire Code Section 503.2.1. and D103.6.1 and D103.6.2.
5. REPUBLIC SERVICES
5.1 Republic Services has no comments on this application.
6. PARKS DEPARTMENT
6.1 The applicant should contact Elroy Huff, City Arborist, at 208-489-0589 in regard to mitigation
for loss of existing trees.
7. ADA COUNTY HIGHWAY DISTRICT
7.1 Site Specific Conditions of Approval
7.1.1 Construct Zaldia Street, which turns into Elliana Drive as a 36-foot street section with vertical
curb, gutter, and 5-foot wide sidewalk within 54-feet of right-of-way.
7.1.2 Construct Howry Lane as one-half of a 36-foot street section with vertical curb, gutter, and 7-foot
wide attached sidewalk, a 3-foot wide gravel shoulder and borrow ditch, plus 12-feet of additional
paving, within 41-feet of right-of-way.
7.1.3 Construct Tavistock Way, Fratello Street, Stockenham Avenue (south side of Elliana Dr),
Merrivale Avenue, and Martinel Avenue as 33-foot street sections with curb, gutter, and 5-foot
wide attached sidewalks within 50-feet of right-of-way.
7.1.4 Construct a 10-foot wide by 30-foot long landscape median with 22-foot wide travel lanes at the
entrance of Tavistock Way south of Zaldia/Elliana Street, located 1,440-feet east of Eagle Road,
within 61-feet of right-of-way.
EXHIBIT A
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7.1.5 Construct Zaldia Court as one-half of a 33-foot street section with curb, gutter, and 5-foot wide
attached sidewalk, a 3-foot wide gravel shoulder and borrow ditch, plus 12-feet of additional
paving, within 41-feet of right-of-way; terminating in a cul-de-sac 338-feet west of Stockenham
Avenue. Construct the cul-de-sac with a minimum 45-foot turning radius.
7.1.6 Plat the landscape median as right-of-way owned by ACHD; and the Developer or Homeowners
Association should apply for a license agreement if landscaping is to be placed within the
medians.
7.1.7 Construct Tusa Drive, Newbridge Place, and Stockenham Avenue (north side of Elliana Dr) as
29-foot street sections with curb, gutter, and 5-foot wide sidewalk within 50-feet of right-of-way;
with parking restricted to one-side of the street. Install “NO PARKING” signs on one side of
these streets; coordinate with ACHD District staff and Meridian Fire Department.
7.1.8 Construct a cul-de-sac at the terminus of Tusa Drive, with a minimum 45-foot turning radius,
312-feet west of Merrivane Ave/Tusa Drive intersection.
7.1.9 Install “NO PARKING” signs on one side of the street; coordinate with ACHD District staff and
Meridian Fire Department.
7.1.10 Construct Zaldia/Elliana Drive as a collector street into the site; located 3,350-feet south of
Victory Road and 1,960-feet north of Amity Road.
7.1.11 Construct Howry Lane as a new collector street to intersect with Elliana Drive at the east property
line; located between Block 4, Lot 11 and Block 2, Lot 32.
7.1.12 Construct all internal local streets to provide a minimum offset of 125 feet from any other local
street and a minimum offset of 330 feet from any collector roadway.
7.1.13 Construct Stockenham Avenue, aligning north and south, approximately 195-feet west of the
Elliana Drive/Howry Lane intersection.
7.1.14 Construct Howry Lane as a stub street to the north 306-feet; and to the south 356-feet. Install
signs at each terminus of Howry Lane stating that, “THIS IS A DESIGNATED COLLECTOR
ROADWAY. THIS STREET WILL BE EXTENDED AND WIDENDED IN THE FUTURE.”
7.1.15 Construct a stub street, Martinel Avenue, a local street, to the south, located between Block 1, Lot
25 and Block 2, Lot 1. Install signs at the terminus of Martinel Avenue stating that, "THIS ROAD
WILL BE EXTENDED IN THE FUTURE.”
7.1.16 Construct the shared driveway between Block 1, Lot 22 and Block 1, Lot 25, as an alternate
turnaround to be a reinforced driveway to meet fire department requirements. Provide an
easement for the alternate turnaround until such time as Martinel Avenue is extended; and install
signage as required by the fire department for the use. Coordinate with District staff and Meridian
Fire Department on the signage.
7.1.17 Construct a 30-foot wide curb return driveway for the private road, located approximately 144-
feet east of the western driveway; and relocate the most eastern residential driveway further east
on Elliana Drive, approximately 860-feet east of the private road driveway.
7.1.18 Pave the driveways their full width and at least 30-feet into the site beyond the edge of pavement
of the roadway and install pavement tapers in accordance with District policy 7206.4.6.
7.1.19 Payment of impacts fees are due prior to issuance of a building permit.
7.1.20 Comply with all Standard Conditions of Approval.
7.2 Standard Conditions of Approval
EXHIBIT A
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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 ACHD right-of-way
(including all easements).
7.2.2 Private Utilities including sewer or water systems are prohibited from being located within the
ACHD 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.
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 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 ACHD 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 ACHD
Commission.
EXHIBIT A
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C. Legal Description & Exhibit Map for Annexation Boundary
EXHIBIT A
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EXHIBIT A
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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. 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 30.21 acres of land with an R-4 zoning
district and develop 78 new single-family residential homes. The City Council finds that the
proposed map amendment complies with the provisions of the Comprehensive Plan with a
step down in density as requested by the applicant 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-4 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 map 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.E).
The City Council finds annexing this property with an R-4 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.
EXHIBIT A
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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 funds.
d. There is public financial capability of supporting services for the proposed
development;
The City Council finds there is public financial capability of supporting services for the
proposed development based on comments from the public service providers (i.e., Police,
Fire, ACHD, etc.) (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. ACHD considers road safety issues in their
analysis.