Graycliff Estates AZ 15-012ADA COUNTY RECORDER Christopher D. Rich
BOISE IDAHO Pgs=50 VICTORIA BAILEY 201
MERIDIAN CITY 12/09/201155 0 02:5544M
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00173365201501120950500509
DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. Star Development, Inc., Owner/Developer
THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into
this day of € f x� , 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 Star Development, Inc., whose address is PO Box 518, Meridian, Idaho 83642,
hereinafter called O"ER/DEVELOPER.
1. RECITALS:
1.1 WHEREAS, Owner 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 Owners and/or 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 have submitted an application for the
annexation of approximately 52.46 acres of land from the RUT zoning
district in Ada County to the R-8 (Medium Density Residential) (36.66 acres)
and R-40 (High Density Residential) (15.80 acres), and 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 — GRAYCLIFF ESTATES (AZ — 15-012) PAGE 1 OF 9
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 6'h day of October, 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 Star Development, Inc.,
DEVELOPMENT AGREEMENT-GRAYCLIFF ESTATES (AZ- 15-012) PAGE 2 OF 9
whose address is PO Box 518, Meridian, Idaho 83642, the parties that are
developing said Property and shall include any subsequent developer(s) of the
Property.
3.3 PROPERTY: means and refers to that certain parcel(s) of Property located
in the County of Ada, City of Meridian as described in Exhibit "A"
describing the parcels to be re -zoned Medium Density Residential (R-15) and
High Density Residential (R-40) 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.
5. 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 W. Harris Street and the north/south street along the west boundary,
both collector streets, is prohibited in accord with UDC 11-3A-3, except for Lot 1, Block
2 (the multi -family lot) which shall be allowed one access via W. Harris Street.
b. Future development of this site shall be generally consistent with the preliminary plat and
building elevations for the single-family homes depicted in Exhibit A and the revisions
noted in the staff report.
c. A conditional use permit is required to be obtained for the multi -family development in
the R-40 zoning district, per UDC Table 11-2A-2.
d. A Certificate of Zoning Compliance and Design Review application is required to be
submitted for approval of the site design and structures proposed within the multi -family
portion of the development; these applications can be submitted concurrently.
e. Design and building materials of the future multi -family structures shall be compatible
with and include design elements consistent with that of the single-family dwellings and
comply with the design standards listed in UDC 11-3A-19 and the guidelines listed in the
Meridian Design Manual (or any updated version(s) thereof) in effect at the time of
application for Certificate of Zoning Compliance.
f. The multi -family development should incorporate high quality architectural design and
materials and thoughtful site design to ensure quality of place and incorporation of
connectivity with adjacent uses and area pathways, attractive landscaping and individual
project identity as set forth in the Comprehensive Plan.
DEVELOPMENT AGREEMENT - GRAYCLIFF ESTATES (AZ - 15-012) PAGE 3 OF 9
g. The rear and/or sides of home elevations that face W. Harris Street and the future
north/south collector street along the west boundary of the site shall incorporate
at through changes in materials, color, modulation, and architectural elements
(horizontal and vertical) to break up monotonous wall planes and roof lines.
h. A 10 -foot wide multi -use pathway shall be constructed within the 75 -foot wide Williams
Pipeline easement (Lot 2, Block 2) that runs through this site as depicted on the
landscape plan in accord with the Pathways Master Plan.
i. The developer shall provide a minimum of 7.95 acres (or 15.16%) of qualified open
space within the development as shown on the preliminary plat in accord with the
standards listed in UDC I1 -3G -3B.
j. All development within the 75 -foot wide Williams pipeline easement shall adhere to the
most current standards contained in the Williams Gas Pipeline Developers' Handbook.
lc. The 1.77 acres included in Lot 1, Block 1 shall be dedicated to the City in the future for a
City Park. This lot is proposed to be combined with additional land in Biltmore Estates
Subdivision to the northwest and the future development to the west on the Centers'
property to total a minimum of 7 acres. If City Council determines a public park is not
preferred in this development, the 1.77 acres shall be private open space.
1. Signage is required to be installed on the multi -family portion of the site and information
shall be included in the marketing material for the single-family development announcing
the future development of apartments on the site.
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/Developer's default of this
Agreement, Owner/Developer shall have thirty (30) days from receipt of
written notice from City to initiate commencement of action to correct the
breach and cure the default, which action must be prosecuted with diligence
and completed within one hundred eighty (180) days; provided, however, that
in the case of any such default that cannot with diligence be cured within
such one hundred eighty (180) day period, then the time allowed to cure such
failure may be extended for such period as may be necessary to complete the
curing of the same with diligence and continuity.
7.3 Remedies. In the event of default by Owner/Developer that is not cured after
notice as described in Section 7.2, Owner/Developer shall be deemed to have
consented to modification of this Agreement and de -annexation and reversal
DEVELOPMENT AGREEMENT - GRAYCLIFF ESTATES (AZ - 15-012) PAGE 4 OF 9
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/Developers reserve 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.
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
UDC, to insure the installation of required improvements, which the Owner/Developer agree to
provide, if required by the City.
12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued
in any phase in which the improvements have not been installed, completed, and accepted by the
DEVELOPMENT AGREEMENT - GRAYCLIFF ESTATES (AZ - 15-012) PAGE 5 OF 9
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 agrees to abide by
all ordinances of the City of Meridian unless otherwise provided by this Agreement.
14. NOTICES: Any notice desired by the parties and/or required by this Agreement
shall be deemed delivered if and when personally delivered or three (3) days after deposit in the
United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed
as follows:
CITY:
City Cleric
City of Meridian
33 E. Broadway Ave.
Meridian, Idaho 83642
OWNER/DEVELOPER:
Star Development, Inc.
PO Box 518
Meridian, Idaho 83680
with copy to:
City Attorney
City of Meridian
33 E. Broadway Avenue
Meridian, ID 83642
14.1 A party shall have the right to change its address by delivering to the other
party a written notification thereof in accordance with the requirements of this section.
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
DEVELOPMENT AGREEMENT - GRAYCLIFF ESTATES (AZ - 15-012) PAGE 6 OF 9
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 Owner/Developer and City relative to the subject
matter hereof, and there are no promises, agreements, conditions or understanding, either oral or
written, express or implied, between Owner/Developer and City, other than as are stated herein.
Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to
this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them
or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted
ordinance or resolution of City.
21.1 No condition governing the uses and/or conditions governing re -zoning of the subject
Property herein provided for can be modified or amended without the approval of the
City Council after the City has conducted public hearing(s) in accordance with the
notice provisions provided for a zoning designation and/or amendment in force at the
time of the proposed amendment.
22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the
date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in
connection with the annexation and zoning of the Property and execution of the Mayor and City
Clerk.
[end of text; signatures, acknowledgements, and Exhibits A and B follow]
DEVELOPMENT AGREEMENT - GRAYCLIFF ESTATES (AZ - 15-012) PAGE 7 OF 9
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement and made
it effective as hereinabove provided.
OWNER/DEVELOPER:
Star Development, Inc.
c—
,��ee Ce ters, Director
CITY OF MERIDIAN
By:
Mayor T my d Weord __
ATTEST: G0��oRnteo;a u�Gsr
/ ( /v Clay of w
VVV 111 �+n� wo
Jaycee L olman, City Clerk SFA,,
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DEVELOPMENT AGREEMENT — GRAYCLIFF ESTATES (AZ — 15-012) PAGE 8 OF 9
STATE OF IDAHO )
ss:
County of Ada, )
On this day of 4, 2015, before me, the undersigned, a Notary Public in and
for said State, personally appeared Lee Centers known or identified to me to be the Director of Star
Development, Inc., and acknowledged to me that he executed the same on behalf of said
Corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year in this certificate first above written.
E®;FF9,,
r.. F7
(SEAL)r�:,
"Publicdaho
1,
, � ; 1�o I My Commission Expires:
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STATE OF IDAHO )
ss
County of Ada )
On this day of :��cem b,PA/ , 2015, before me, a Notary Public,
personally appeared Tammy de Weerd and Jaycee L. Holman, know or identified to me to be the
Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person
that executed the instrument of behalf of said City, and acknowledged to me that such City executed
the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year in this certificate first above written.
M®•o•o•
(SEAL) •tel p p Notary ub11 for
Residing at: p`
Commission expires: <\a V,
DEVELOPMENT AGREEME V," CLIFF ESTATES (AZ — 15-012) PAGE 9 OF 9
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW EkI
AN-
AND DECISION & ORDER 411_ �; 1
In the Matter of the Request for Annexation and Zoning of 52.46 Acres of Land with the R-8 (36.66
Acres) and R-40 (15.8 Acres) Zoning Districts; and Preliminary Plat Consisting of 120 Building
Lots, 9 Common Lots and 1 Other Lot on 52.46 Acres of Lane for Graycliff Estates Subdivision, by
L. C. Development, Inc.
Case No(s). AZ -15-012; PP -15-012
For the City Council Hearing Date of: September 22, 2015 (Findings on October 6, 2015)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of September 22, 2015, incorporated
by reference)
2. Process Facts (see attached Staff Report for the hearing date of September 22, 2015, incorporated
by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of September 22,
2015, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of September 22, 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 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by
ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of
Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A.
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not impose
expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Decision, which shall be
signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the
Community Development Department, the Public Works Department and any affected party
requesting notice.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ -15-012; PP -15-012 - 1 -
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of September 22, 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 a Development
Agreement per the provisions in the Staff Report for the hearing date of September 22, 2015,
attached as Exhibit A.
2. The applicant's request for Preliminary Plat is hereby approved per the conditions of approval
in the Staff Report for the hearing date of September 22, 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 11-613-7A).
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 fled by the applicant prior to the termination of the period in accord
with 11 -6B -7.A, the Director may authorize a single extension of time to obtain the City
Engineer's signature on the final plat not to exceed two (2) years. Additional time extensions up
to two (2) years as determined and approved by the City Council may be granted. With all
extensions, the Director or City Council may require the preliminary plat, combined
preliminary and final plat or short plat to comply with the current provisions of Meridian City
Code Title 11. If the above timetable is not met and the applicant does not receive a time
extension, the property shall be required to go through the platting procedure again (UDC 1I -
6B -7C).
Notice of Two (2) Year Development Agreement Duration
The development agreement shall be signed by the property owner and returned to the City
within two (2) years of the City Council granting annexation and/or rezone (UDC 11 -5B -3D).
A modification to the development agreement may be initiated prior to signature of the
agreement by all parties and/or may be requested to extend the time allowed for the agreement
to be signed and returned to the City if filed prior to the end of the two (2) year approval period
(UDC 11-513-3F).
E. Notice of Final Action and Right to Regulatory Takings Analysis
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ -15-012; PP -15-012 - 2 -
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 September 22, 2015
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ -15-012; PP -15-012 -3 -
By action of the City Council at its regular meeting held on the day of ,
2015.
COUNCIL PRESIDENT CHARLIE ROUNTREE VOTED
COUNCIL VICE PRESIDENT KEITH BIRD VOTED
COUNCIL MEMBER DAVID ZAREMBA VOTED
COUNCIL MEMBER JOE BORTON VOTED
COUNCIL MEMBER LUKE CAVENER VOTED
COUNCIL MEMBER GENESIS MILAM VOTED.
MAYOR TAMMY de WEERD VOTED
(TIE BREAKER)
Mayor TMfnny/de Weerd
Attest: S01-� cco nucUs�
City of
1L)IAT�1
e IbAHn
Jaycee H an SFAL
City Clerk i
fh, -
Copy served upon Applicant, The Planning Division, Public Works Department and City Attorney.
By: Dated: (O "
City Clerk' Office
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ -15-012; PP -15-012 - 4 -
EXHIBIT A
Graycliff Estates AZ-15-012; PP-15-012 PAGE 1
STAFF REPORT Hearing Date: September 22, 2015
TO: Mayor & City Council
FROM: Sonya Watters, Associate City Planner
208-884-5533
Bruce Freckleton, Development Services Manager
208-887-2211
SUBJECT: AZ-15-012; PP-15-012 – Graycliff Estates
I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST
The applicant, L.C. Development, Inc., has submitted an application for annexation and zoning (AZ)
52.46 acres of land with the R-8 (36.66 acres) and R-40 (15.8 acres) zoning districts; and a
preliminary plat (PP) consisting of 120 building lots, 9 common lots and 1 other lot on 52.46 acres of
land for Graycliff Estates Subdivision.
II. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed AZ and PP applications in accord with the conditions of
approval in Exhibit B and the Findings of Fact and Conclusions of Law in Exhibit D.
The Meridian Planning & Zoning Commission heard these items on August 20, 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: Becky McKay
ii. In opposition: None
iii. Commenting: Vicky Laidlaw, Gordon Hamilton
iv. Written testimony: Becky McKay
v. Staff presenting application: Sonya Watters
vi. Other staff commenting on application: None
b. Key Issue(s) of Discussion by Commission:
i. None
c. Key Commission Change(s) to Staff Recommendation:
i. Modify the following conditions as requested by the applicant in her response letter to
the staff report and recommended by staff: #1.1.1a; #1.1.1k; #1.1.2d; #1.1.3c; 1.1.3i;
Section 7 will be updated based on the revised ACHD report.
ii. Delete the following conditions as requested by the applicant and recommended by staff
based on the revised plat: #1.1.2a and #1.1.2c
d. Outstanding Issue(s) for City Council:
i. None
The Meridian City Council heard these items on September 22, 2015. At the public hearing, the
Council approved the subject AZ and PP request.
a. Summary of City Council Public Hearing:
i. In favor: Becky McKay
ii. In opposition: None
iii. Commenting: None
EXHIBIT A
Graycliff Estates AZ-15-012; PP-15-012 PAGE 2
iv. Written testimony: None
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. Modify condition #2.1.2 in Exhibit B as requested by the applicant.
ii. Add a new condition that requires signage to be installed on the multi-family portion of
the site and information to be included in the marketing material for the single-family
development announcing the future development of apartments on the site (see
condition #1.1.l).
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Numbers AZ-15-
012 & PP-15-012, as presented in the staff report for the hearing date of September 22, 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-15-012
& PP-15-012, as presented during the hearing on September 22, 2015, for the following reasons:
(You should state specific reasons for denial)
Continuance
I move to continue File Numbers AZ-15-012 & PP-15-012 to the hearing date of (insert continued
hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.)
IV. APPLICATION AND PROPERTY FACTS
A. Site Address/Location:
The site is generally located southwest of W. Harris Street and S. Meridian Road, in the NE ¼ of
Section 36, Township 4 North, Range 1 West. (Parcel No.: S1225418957)
B. Owners:
L. C. Development, Inc.
P.O. Box 518
Meridian, Idaho 83680
C. Applicant:
Same as Owner
D. Representative:
Becky McKay, Engineering Solutions, LLP
1029 N. Rosario Street, Ste. 100
Meridian, ID 83642
E. Applicant's Statement/Justification: Please see applicant’s narrative for this information.
V. PROCESS FACTS
A. The subject application is for annexation and zoning and preliminary plat. A public hearing is
required before the Planning & Zoning Commission and City Council on this matter, consistent
with Meridian City Code Title 11, Chapter 5.
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Graycliff Estates AZ-15-012; PP-15-012 PAGE 3
B. Newspaper notifications published on: August 3 and 17, 2015 (Commission); August 31 and
September 14, 2015 (City Council)
C. Radius notices mailed to properties within 300 feet on: July 23, 2015 (Commission); August 27,
2015 (City Council)
D. Applicant posted notice on site(s) on: August 8, 2015 (Commission); September 12, 2015 (City
Council)
VI. LAND USE
A. Existing Land Use(s) and Zoning: The annexation area consists of agricultural property zoned
RUT in Ada County.
B. Character of Surrounding Area and Adjacent Land Use and Zoning:
1. North: Future single-family residential properties in Biltmore Estates subdivision, zoned R-4
2. East: Agricultural property, zoned RUT in Ada County
3. South: Agricultural property, zoned RUT in Ada County
4. West: Agricultural property, zoned R-4
C. History of Previous Actions:
In 2008, the City Council approved an amendment to the future land use map (CPA-08-
009) for the multi-family portion of the site to change the land use designation from
Medium Density Residential to High Density Residential (Resolution #08-622).
D. Utilities:
1. Location of sewer: Sanitary sewer mains intended to provide service to the proposed
development are currently planned as part of the Biltmore Estates development being done by
this same developer.
2. Location of water: Water mains intended to provide service to the proposed development are
currently planned as part of the Biltmore Estates development being done by this same
developer, and from a mainline that is being planned by the Public Works Department.
3. Issues or concerns: Applicant shall be required to loop the proposed water system to the
proposed mainline project being planned by the Meridian Public Works Department. This
project is being proposed as part of the Fiscal Year 2016 budget that has yet to be approved,
therefore service must be considered contingent at this time.
E. Physical Features:
1. Canals/Ditches Irrigation: The Sundall Lateral bisects the western portion of this site and the
Tumbler Lateral runs along the northeast boundary of the site.
2. Hazards: A 75-foot easement for the Williams Northwest Pipeline Corporation bisects this
site and contains a natural gas pipeline. The Williams Northwest Pipeline is a natural gas
pipeline that serves as a primary artery for the transmission of natural gas to the Pacific
Northwest and Intermountain Region.
3. Flood Plain: This site does not lie within the Meridian Floodplain Overlay District.
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Graycliff Estates AZ-15-012; PP-15-012 PAGE 4
VII. COMPREHENSIVE PLAN POLICIES AND GOALS
The Comprehensive Plan Future Land Use Map (FLUM) designates approximately 30 acres of this
site as Medium Density Residential (MDR) and approximately 22.5 acres as High Density Residential
(HDR). The purpose of the residential designations is to provide a variety of housing types.
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).
HDR designated areas allow for the development of multi-family homes in areas where urban
services are provided. Residential gross densities may exceed 15 dwelling units per acre.
Developments might include duplexes, apartment buildings, townhouses, and other multi-unit
structures. A desirable project would consider the placement of parking areas, fences, berms, and
other landscaping features to serve as buffers between neighboring uses. Developments need to
incorporate high quality architectural design and materials and thoughtful site design to ensure quality
of place and should also incorporate high quality architectural design and materials and thoughtful
site design that incorporate connectivity with adjacent uses and area pathways, attractive landscaping
and individual project identity.
A future City park is also designated on the FLUM for this site. A 1.77 acre portion of a 7+/- acre
City Park is planned at the northwest corner of this site on Lot 1, Block 1 which will be combined
with additional land in Biltmore Estates Subdivision to the northwest and the future development to
the west.
The applicant proposes to develop this 52.46 acre site with 119 single-family homes and 224
apartment units. Development of the single-family portion of the site will result in a gross density of
4.75 dwelling units per acre (d.u./acre) and 19.18 d.u./acre for the multi-family portion consistent
with the associated MDR and HDR FLUM designations. Overall, the gross density for the
development is 6.54 d.u./acre.
Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to
the proposed use (staff analysis in italics):
“Support a variety of residential categories (low-, medium-, medium-high and high-density
single-family, multi-family, townhouses, duplexes, apartments, condominiums, etc.) for the
purpose of providing the City with a range of affordable housing opportunities.” (3.07.01E)
A mix of single-family and multi-family (apartment) dwellings are proposed which will
contribute to the variety of housing types available in the southern part of the City. The
proposed dwellings should provide for a variety of housing opportunities; staff is unaware
how “affordable” the units will be.
“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. Applicant shall be required to loop
the proposed water system to the proposed mainline project being planned by the Meridian
Public Works Department. This project is being proposed as part of the Fiscal Year 2016
budget that has yet to be approved; therefore service must be considered contingent at this
time.
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Graycliff Estates AZ-15-012; PP-15-012 PAGE 5
“Protect existing residential properties from incompatible land use development on adjacent
parcels.” (3.06.01F)
There are no existing residential properties adjacent to this site.
“Require common area in all subdivisions.” (3.07.02F)
The proposed plat depicts a total of 8.03 acres (or 15.31%) of qualified open space in accord
with the requirements listed in UDC11-3G-3.
“Develop pathways to connect Meridian with Boise, Nampa, Kuna, and Eagle.” (6.01.02C)
A segment of the City’s multi-use pathway system is designated on the Master Pathways Plan
on this site along the Williams Northwest pipeline which will connect to the future pathway in
Biltmore Estates Subdivision to the north and eventually be extended to the southeast and
connect to pathways in other jurisdictions.
“Review new development for appropriate opportunities to connect local roads and collectors
to adjacent properties (stub streets). (3.03.020)
The proposed plat depicts an extension of W. Harris Street, a collector street, at the north
property boundary and a north/south collector street. Stub streets are proposed to the south,
west and east for future extension and interconnectivity.
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-
density residential (R-8) district allows a maximum gross density of 8 dwelling units per acre; the
high-density residential (R-40) district allows a maximum gross density of 40 dwelling units per
acre.
B. Schedule of Use: Unified Development Code (UDC) Tables 11-2A-6 and 11-2A-8 lists the
principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the R-8 and R-
40 zoning districts respectively. Any use not explicitly listed, or listed as a prohibited use is
prohibited. The proposed single-family detached dwellings in the R-8 zoning district is listed as a
principal permitted use; the proposed multi-family development in the R-40 zoning district
requires conditional use approval.
C. Dimensional Standards: Development of the site should be consistent with the dimensional
standards listed in UDC Tables 11-2A-6 for the R-8 zoning district and 11-2A-8 for the R-40
zoning district.
D. Landscaping: Street buffer landscaping shall be installed in accordance with the standards listed
in UDC Table 11-2A-6 for the R-8 zoning district and 11-2A-8 for the R-40 zoning district.
E. Off-Street Parking: Off-street parking is required in accord with UDC Table 11-3C-6 for single-
family and multi-family dwellings.
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Graycliff Estates AZ-15-012; PP-15-012 PAGE 6
IX. ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
1. Annexation & Zoning
The applicant has applied for annexation and zoning of 52.46 acres of land with R-8 (36.66 acres)
and R-40 (15.8 acres) zoning districts (see Exhibit C). As discussed above in Section VII, staff
believes the proposed zoning is consistent with the policies in the Comprehensive Plan as noted.
The applicant proposes to develop 119 new single-family residential detached homes on 36.66
acres of land as shown on the preliminary plat included in Exhibit A.2. A conceptual
development plan is shown for the multi-family residential portion of the site which is proposed
to consist of 224 dwelling units in (5) 18 unit 2-story structures and (6) 24 unit 3-story structures.
The 2-story structures are planned to be located adjacent to the single-family homes on the south
side of the Williams pipeline easement and the 3-story structures are proposed to be located
adjacent to property designated for mixed use – regional uses.
A conditional use permit is required to be obtained for the multi-family development in the R-40
zoning district, per UDC Table 11-2A-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 on the north and west boundaries 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.
2. Preliminary Plat
The proposed plat consists of 119 single-family residential building lots, 1 multi-family
residential building lot, 9 common lots and 1 other (well) lot on 52.46 acres of land in the
proposed R-8 and R-40 zoning districts (see Exhibit A.2). The minimum property size is 7,049
square feet with an average size of 9,177 square feet. The property is proposed to develop in 4
phases as shown on the plat in Exhibit A.2. Note: The preliminary plat submitted with this
application has been revised; the staff report is based on the revised plat which is included in
Exhibit A.2.
Existing Structures: There are no existing structures on this site.
Dimensional Standards: Development of this site is required to comply with the dimensional
standards listed in UDC Tables 11-2A-6 for the R-8 district and 11-2A-8 for the R-40 district.
Staff has reviewed the proposed plat and found it to be in compliance with those standards,
except for Lot 27, Block 5, and Lots 20 & 21, Block 2 which should have a minimum street
frontage of 50 feet; the plat should be revised accordingly.
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 it to be in compliance with the
aforementioned standards, except for Block 2 which abuts the south side of the Williams pipeline
easement and exceeds the 750 foot length standard. The length of the block is approximately
1,450 feet measured from near edge to near edge of right-of-way as required.
The UDC does allow for block face lengths up to 1,200 feet in certain circumstances where the
block design is constrained by site conditions such as an abutting arterial street or highway, a
EXHIBIT A
Graycliff Estates AZ-15-012; PP-15-012 PAGE 7
limited access street, railroad tracks, steep slopes, a large waterway/irrigation facility, etc.
Because the Williams Northwest Pipeline Corporation restricts vehicular crossings over the
pipeline for safety reasons, staff feels the pipeline qualifies as a similar site constraint.
Although not public right-of-way, there is an emergency vehicle access within Lot 16, Block 2
which is located approximately 1,200 feet southeast of the Harris/Graycliff intersection. Due to
the nature of the non-compliance, staff recommends Council determine measurement of the block
length from the intersection to the emergency access and approve the block length as proposed.
Although it will not be a public street, the driveway will provide for emergency vehicular access
if needed and pedestrian access.
Master Street Map (MSM): The MSM designates an east/west collector street along the north
boundary of the site and a north/south collector street along the west boundary of the site as
proposed on the plat. A roundabout is also designated at the northwest corner of the site;
however, the TIS (and ACHD) didn’t recommend any traffic control at the intersection of the
collector streets.
An off-site north/south collector street is proposed to be constructed with this subdivision along
the west boundary of the site and is proposed to be constructed with Phase 2; right-of-way is
required to be dedicated to ACHD outside of the plat process. The owner of the subject property
owns the abutting property to the west. ACHD is requiring the street to be constructed as half of a
36-foot wide residential collector street plus 12-additional feet of pavement with curb, gutter and
sidewalk abutting the site and a 3-foot wide gravel shoulder and barrow ditch on the west side of
the collector street for the entire length of the site with a stub to the south. Currently, the street
stops 270+/- feet short of the south boundary of this site where the adjacent property to the wests
southern boundary is located. ACHD has requested the applicant shift the collector street to the
east side of the Sundall Lateral, south of W. Dunvegen Street, to allow for the half street to be
constructed at the half mile as depicted on the MSM. The collector street is planned to eventually
extend to Amity Road which will allow for future signalization or construction of a roundabout.
The plat should be revised accordingly prior to the City Council meeting.
Streets: All of the proposed streets depicted on the plat are public.
Access: Access is proposed for this site via the extension of W. Harris Street, a collector street, at
the north boundary of the site. Harris Street currently dead-ends approximately 400 feet to the
east but is proposed to be extended to the west adjacent to this site to S. Kentucky Way with
development of Biltmore Estates Subdivision to the north.
A minimum of two points of access will be required for any portion of the project which serves more
than 30 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.
Stub Streets: Stub streets are proposed for future extension to the west, east and south. Staff,
along with ACHD, recommends the applicant provide a cross-access easement to the parcel
(Parcel #S1225417300) to the east of the multi-family lot (Lot 1, Block 2) to allow for
additional connectivity between the site and a future commercial collector street to be
constructed east of the site. Additionally, ACHD required the applicant of the future multi-
family project to provide a signal warrant analysis for the Harris Street/SH 69 intersection when
the multi-family site is developed if the intersection hasn’t already been signalized.
Traffic Impact Study (TIS): A TIS was prepared by Six Mile Engineering and submitted to
ACHD for review. Comments in regard to the TIS are included in the ACHD report.
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Graycliff Estates AZ-15-012; PP-15-012 PAGE 8
Parking: Off-street parking is required to be provided in accord with the standards listed in UDC
11-3C-6 for single-family and multi-family dwellings. Compliance with these standards is
required.
Landscaping: Landscaping is required to be provided within the subdivision in accord with the
standards listed in UDC 11-3B as applicable. A landscape plan was submitted with this
application for the area proposed to be platted as shown in Exhibit A.4.
Street buffer landscaping is required as set forth in UDC Tables 11-2A-6 and 11-2A-8 in accord
with the standards listed in UDC 11-3B-7C. A minimum 20-foot wide street buffer is required
along W. Harris Street and the east side of the proposed north/south collector street as set forth in
UDC Tables 11-2A-6 and 11-2A-8 and should be landscaped in accord with the standards listed
in UDC 11-3B-7C. The plat and landscape plan should be revised to include a minimum 20-
foot wide common lot for the street buffer along W. Harris Street on the R-40 zoned portion
of the site as required by UDC 11-3B-7C.2a; the buffer is required to be maintained by a
homeowner’s association. Staff recommends the portion of the street buffer (including the
sidewalk) along W. Harris Street east of the Graycliff/Harris intersection is constructed
with the first phase of development.
Landscaping within the internal common areas is required in accord with the standards listed in
UDC 11-3G-3E. The landscape plan complies with these standards.
Landscaping is required along all pathways in accord with the standards listed in UDC 11-3B-
12C. No trees are depicted along the emergency vehicle access driveway on Lot 16, Block 2
which also serves as a micro-path; a minimum of one tree should be added within this lot.
Additionally, no trees are depicted along the multi-use pathway that lies within the Williams
pipeline easement.
The Williams Pipeline does not allow trees within their easement; nor are the canopies of any
trees planted adjacent to the right-of-way (ROW) allowed to extend into the ROW at maturity.
With prior approval, some types of low growing, shallow-rooted shrubs may be permitted within
the ROW provided their maximum mature height will not exceed 5 feet and are not within 5 feet
of the edge of the pipeline. Mature plantings cannot prevent Williams Pipeline representatives
from seeing down the ROW during routine patrols or walking down the ROW directly over the
pipelines as they perform required inspections. Under no circumstances can mechanical
equipment be used in the planting of shrubs. Additionally, all sprinkler or irrigation systems
require review by a Williams Pipeline representative. Sprinkler heads are not be permitted within
10 feet of any pipeline or related facility. All crossings of the pipeline(s) or related facilities with
feeder lines are required to be hand dug.
The applicant should apply for alternative compliance as set forth in UDC 11-5B-5 to the
standards listed in UDC 11-3B-12C for the landscaping adjacent to the multi-use pathway.
A 20-foot wide landscape island is proposed in the center of S. Graycliff Way at the intersection
of Harris Street with 10- and 18-foot wide travel lanes. ACHD as well as the Fire Departments is
requiring the width of the planter island be reduced to a maximum width of 12 feet and each
travel lane should be widened to a minimum of 20 feet.
Staff recommends the landscape plan is revised prior to the City Council hearing to reflect
the revised layout of the preliminary plat.
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Graycliff Estates AZ-15-012; PP-15-012 PAGE 9
Tree Mitigation: If there are any existing trees on the site that are proposed to be removed, the
applicant should contact Elroy Huff, City Arborist, at 888-3579 to schedule an appointment to
confirm mitigation requirements prior to removal of any trees on the site.
Open Space: 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 (52.46
acres), a minimum of 5.25 acres of qualified open space is required to be provided as set forth in
UDC 11-3A-3B. A total of 8.03 acres (or 15.31%) of qualified open space is proposed consisting
of parkways along local and collector streets, the open space corridor where the Williams pipeline
is located, micro-paths lots, internal common areas and 1.77 acres of land designated for a City
park. Because there are no amenities proposed on Lot 8, Block 6 and the lot is below the 50’ x
100’ open area requirement, this lot cannot be counted toward qualified open space; therefore, the
proposed qualified open space is reduced to 7.95 acres (or 15.16%).
City Park: A 1.77 acre portion of a City Park is planned at the northwest corner of this site on
Lot 1, Block 1 which will be combined with additional land in Biltmore Estates Subdivision to
the northwest and the future development to the west on the Centers’ property totaling a
minimum of 7 acres.
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 (52.46 acres), staff recommends a minimum of 2
qualified site amenities are provided. The applicant proposes a 10-foot wide multi-use pathway
through the common area on Lot 2, Block 2 where the Williams pipeline is located and a bocce
ball court or horse shoe pit area as qualified amenities in accord with this requirement; park
benches are also proposed. The location of the sports court(s) and park benches should be
depicted on the landscape plan submitted with the applicable final plat application.
Pathways: The Pathways Master Plan depicts a regional pathway on this site along the Williams
pipeline. This pathway will connect to the future pathway in Biltmore Estates Subdivision to the
northwest and eventually extend to the southeast with future development.
A recreational pathway easement is required to be submitted to the Park’s Department, approved
by City Council and recorded. The applicant should coordinate the location and details of the
easement with Jay Gibbons, Park’s Department (888-3579).
Four-foot tall bollard lighting, or other appropriate lighting source, is required along all
pathways through common areas that are not visible from a public street as set forth in
UDC 11-3A-8H. The landscape plan should be revised to include lighting along pathways in
accord with this requirement.
Sidewalks: Sidewalks are required along all public streets as set forth in UDC 11-3A-17. The
applicant proposes to construct 5-foot wide detached sidewalks throughout the development.
Parkways: Six-foot wide parkways are proposed along local streets within the development; and
8-foot wide parkways are proposed along collector streets where detached sidewalks are
proposed. The UDC (11-3A-17) requires root barriers to be constructed with 6-foot wide
parkways. An alternative would be to provide 8-foot wide parkways, which allows the planting of
Class II trees without root barriers. The landscape plan submitted with the final plat should
either depict root barriers or 8-foot wide parkways in accord with the standards listed in
UDC 11-3A-17E.
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.
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Graycliff Estates AZ-15-012; PP-15-012 PAGE 10
Street lighting is required to be installed within the development in accord with the City’s
adopted standards, specifications and ordinances.
Well Lot: A 14,383 square foot future well lot is proposed adjacent to the neighborhood park and
the north side of W. Harris Street on Lot 2, Block 1. The applicant will provide the City with a 99
year lease in the summer of 2015 and will deed the well lot at the time of final platting.
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. A pump station is proposed to be
constructed adjacent to the Tumbler Lateral on Lot 1, Block 2.
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.
Waterways: 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 Sundall Lateral bisects the western portion of this site and is proposed to be relocated and
piped along the west boundary of the site. The Tumbler Lateral runs along the northeast boundary
of the site and is proposed to be piped in its current location.
Floodplain: This property does not lie within the Meridian Floodplain Overlay District.
Williams Northwest Pipeline: A 75-foot easement for the Williams Northwest Pipeline
Corporation bisects this site. All development within the easement must adhere to the most
current standards in the Williams Gas Pipeline Developers’ Handbook.
Fencing: All fencing should comply with the standards listed in UDC 11-3A-6B and 11-3A-7.
The landscape plan depicts white vinyl privacy fence from 4 to 6 feet in height within the
development in accord with UDC standards.
Building Elevations: The applicant has submitted sample photos of single-family homes
proposed to be constructed with this development along with a conceptual drawing of a typical
multi-family structure, included in Exhibit A.4. Building materials for the single-family units
appear to consist of a mix of horizontal and vertical lap siding and stucco with stone veneer
accents. The apartment structures appear to be stucco with stone veneer accents.
Because the homes will be highly visible on the lots that back up to W. Harris Street and the
future collector street along the west boundary, staff recommends the rear or sides of
structures on lots that face these streets incorporate articulation through changes in
materials, color, modulation, and architectural elements (horizontal and vertical) to break
up monotonous wall planes and roof lines.
Design and building materials of the future multi-family structures shall incorporate
elements consistent with those of the single-family dwellings and comply with the design
standards listed in UDC 11-3A-19 and the guidelines listed in the Meridian Design Manual
(or any updated version(s) thereof) in effect at the time of application for Certificate of
Zoning Compliance. Structures should incorporate high quality architectural design and
materials and thoughtful site design to ensure quality of place and incorporation of
connectivity with adjacent uses and area pathways, attractive landscaping and individual
project identity as set forth in the Comprehensive Plan. The conceptual building elevations
submitted with this application are not approved.
Certificate of Zoning Compliance (CZC): A CZC application is required to be submitted for
approval of the site design and structures proposed within the mul ti-family portion of the
development.
EXHIBIT A
Graycliff Estates AZ-15-012; PP-15-012 PAGE 11
Design Review: A Design Review application is also required to be submitted for approval of the
site design and structures proposed within the multi-family portion of the development; this
application can be submitted concurrently with the CZC application.
In summary, 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.
X. EXHIBITS
A. Drawings/Other
1. Vicinity Map
2. Proposed Preliminary Plat (dated: 8/11/15) - REVISED
3. Proposed Landscape Plan (dated: 5/19/15) – NOT APPROVED
4. Conceptual Building Elevations
B. Agency & Department Comments/Conditions
C. Legal Description & Exhibit Map for Annexation Boundary
D. Required Findings from Unified Development Code
EXHIBIT A
Exhibit A Page 1
A. Drawings
1. Vicinity Map
EXHIBIT A
Exhibit A Page 2
2. Proposed Preliminary Plat (dated: 8/11/15) - REVISED
EXHIBIT A
Exhibit A Page 3
3. Proposed Landscape Plan (dated: 5/19/15) – NOT APPROVED
EXHIBIT A
- 1 -
EXHIBIT A
- 2 -
EXHIBIT A
- 3 -
EXHIBIT A
- 4 -
EXHIBIT A
- 5 -
EXHIBIT A
- 6 -
4. Conceptual Building Elevations
EXHIBIT A
- 7 -
Typical Apartment Elevation
NOT APPROVED
EXHIBIT A
- 8 -
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. 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 W. Harris Street and the north/south street along the west boundary, both
collector streets, is prohibited in accord with UDC 11-3A-3, except for Lot 1, Block 2 (the
multi-family lot) which shall be allowed one access via W. Harris Street.
b. Future development of this site shall be generally consistent with the preliminary plat and
building elevations for the single-family homes depicted in Exhibit A and the revisions noted
in the staff report.
c. A conditional use permit is required to be obtained for the multi-family development in the
R-40 zoning district, per UDC Table 11-2A-2.
d. A Certificate of Zoning Compliance and Design Review application is required to be
submitted for approval of the site design and structures proposed within the multi-family
portion of the development; these applications can be submitted concurrently.
e. Design and building materials of the future multi-family structures shall be compatible with
and include design elements consistent with that of the single-family dwellings and comply
with the design standards listed in UDC 11-3A-19 and the guidelines listed in the Meridian
Design Manual (or any updated version(s) thereof) in effect at the time of application for
Certificate of Zoning Compliance.
f. The multi-family development should incorporate high quality architectural design and
materials and thoughtful site design to ensure quality of place and incorporation of
connectivity with adjacent uses and area pathways, attractive landscaping and individual
project identity as set forth in the Comprehensive Plan.
g. The rear and/or sides of home elevations that face W. Harris Street and the future north/south
collector street along the west boundary of the site shall incorporate articulation through
changes in materials, color, modulation, and architectural elements (horizontal and vertical)
to break up monotonous wall planes and roof lines.
h. A 10-foot wide multi-use pathway shall be constructed within the 75-foot wide Williams
Pipeline easement (Lot 2, Block 2) that runs through this site as depicted on the landscape
plan in accord with the Pathways Master Plan.
i. The developer shall provide a minimum of 7.95 acres (or 15.16%) of qualified open space
within the development as shown on the preliminary plat in accord with the standards listed
in UDC 11-3G-3B.
j. All development within the 75-foot wide Williams pipeline easement shall adhere to the most
current standards contained in the Williams Gas Pipeline Developers’ Handbook.
EXHIBIT A
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k. The 1.77 acres included in Lot 1, Block 1 shall be dedicated to the City in the future for a
City Park. This lot is proposed to be combined with additional land in Biltmore Estates
Subdivision to the northwest and the future development to the west on the Centers’ property
to total a minimum of 7 acres. If City Council determines a public park is not preferred in this
development, the 1.77 acres shall be private open space.
l. Signage is required to be installed on the multi-family portion of the site and
information shall be included in the marketing material for the single-family
development announcing the future development of apartments on the site.
1.1.2 The preliminary plat included in Exhibit A.2, dated 6/9/15 8/19/15, shall be revised prior to
the City Council hearing as follows:
a. Revise the street frontage on Lot 27, Block 5, and Lots 20 & 21, Block 2 to comply with the
minimum street frontage of 50 feet in the R-8 district, per UDC Table 11-2A-6.
b. A cross-access easement shall be depicted to the parcel to the east (Parcel #S1225417300) of
the multi-family lot (Lot 1, Block 2); or, a separate cross-access easement shall be granted
and a recorded copy submitted to the Planning Division prior to signature on the final plat for
the phase containing the apartments.
c. Include a minimum 20-foot wide common lot for the street buffer along W. Harris Street on
the R-40 zoned portion of the site as required by UDC 11-3B-7C.2a; the buffer is required to
be maintained by a homeowner’s association. This buffer (including the sidewalk) shall be
constructed with the first phase of development.
d. Shift the north/south collector street along the west boundary of the site to the east side of the
Sundall Lateral, south of W. Dunvegen Street, and extend it to the south boundary of the site
as required by ACHD. South Redwater Avenue shall be constructed as one-half of a 36-foot
wide roadway section plus 12 feet to the Dunvegan intersection. The applicant shall provide
10 feet of right-of-way for future street extension and construct sidewalk within the 40 foot
common lot to the southern boundary of the site as required by ACHD.
Submit a revised preliminary plat at least 10 days prior to the City Council hearing.
1.1.3 The landscape plan included in Exhibit A.3, dated 5/19/15, shall be revised prior to the City
Council hearing as follows:
a. If 6-foot wide parkways are provided within the development, depict root barriers in accord
with the standards listed in UDC 11-3A-17E; or, increase the width of the parkways to 8 feet
(root barriers are not required with 8-foot wide parkways).
b. If any existing trees on the site are proposed to be removed, 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. Any existing trees proposed to be
retained on-site should be noted on the plan.
c. Depict 4-foot tall bollard lighting, or other appropriate lighting source, along the multi-use
pathway in Lot 2, Block 2 as set forth in UDC 11-3A-8H, unless prohibited by Williams
Northwest Pipeline Corporation.
d. Reduce the width of the landscape island in the center of S. Graycliff Way at the intersection
of Harris Street to allow for 20-foot wide travel lanes on either side.
e. Depict a minimum 5-foot wide detached sidewalk along all collector streets (i.e. W. Harris
Street and the north/south street along the west boundary of the site).
EXHIBIT A
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f. Include a minimum 20-foot wide common lot for the street buffer along W. Harris Street on
the R-40 zoned portion of the site as required by UDC 11-3B-7C.2a.
g. A minimum of one tree of the columnar variety should be added within Lot 16, Block 2 along
the side of the emergency vehicle access driveway in accord with UDC 11-3B-12C.2.
h. Depict the location of the sports court(s) and park benches on the landscape plan submitted
with the applicable final plat application.
i. Shift the north/south collector street along the west boundary of the site to the east side of the
Sundall Lateral, south of W. Dunvegen Street and extend it to the south boundary of the site
as required by ACHD. South Redwater Avenue shall be constructed as one-half of a 36-foot
wide roadway section plus 12 feet to the Dunvegan intersection. The applicant shall provide
10 feet of right-of-way for future street extension and construct sidewalk within the 40 foot
common lot to the southern boundary of the site as required by ACHD.
j. Revise the landscape plan in accord with the revised layout of the preliminary plat.
Submit a revised landscape plan at least 10 days prior to the City Council hearing.
1.1.4 The applicant shall apply for alternative compliance to the standards listed in UDC 11-3B-12C
for the landscaping (trees) required adjacent to the multi-use pathway within the Williams
Pipeline easement on Lot 2, Block 2 as set forth in UDC 11-5B-5.
1.1.5 A 14-foot wide recreational pathway easement is required to be provided for the multi-use
pathway within Lot 2, Block 2. The applicant shall coordinate with Jay Gibbons, Park’s
Department (208-888-3579), on the location of the easement. The easement shall be submitted to
the Park’s Department for approval by the City Council and subsequent recordation, prior to
signature on the final plat by the City Engineer.
1.1.6 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.
1.1.7 The street buffer (including the sidewalk) along W. Harris Street on Lot 2, Block 2 shall be
constructed with the first phase of development.
1.2 General Conditions of Approval
1.2.1 Comply with all bulk, use, and development standards of the R-8 and R-40 zoning districts listed
in UDC Table 11-2-A-6 and 11-2A-8 respectively.
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.
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.
EXHIBIT A
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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.
1.3 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.
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.
EXHIBIT A
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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 connect to the proposed 8-inch sewer main line located within
future Biltmore Estates.
2.1.2 Applicant shall be required to connect to the proposed 12-inch water main located in S. Kentucky
Way as part of the future Biltmore Estates development. Applicant shall also be required to
extend a 12-inch water main through this proposed development and out to W. Amity Road,
preferably in the alignment of the collector roadway along the west boundary. Applicant shall
then be required to extend a 12-inch water main from this point to the intersection of W. Amity
and S. Meridian Road to connect to the water mainline being proposed by the Meridian Public
Works Department. The applicant shall be required to extend the proposed 12” water main
proposed by Public Works in Harris Street west in the extension of Harris Street and south
in the proposed collector (S. Redwater Avenue). This city project is being proposed as part of
the Fiscal Year 2016 budget that has yet to be approved; therefore service must be considered
contingent at this time. Construction of this complete looped system is required to provide
service to this proposed development.
2.1.3 A street light plan will need 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. The
street light plan will need to include Type 1 lighting on the proposed collector roadway in
addition to Type 2 lighting on the subdivisions internal streets. The Type 1 lighting will need to
be connected to a metered service pedestal.
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.
EXHIBIT A
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2.2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or
well water for the primary source. If a surface or well source is not available, a single -point
connection to the culinary water system shall be required. If a single-point connection is utilized,
the developer will be responsible for the payment of assessments for the common areas prior to
prior to receiving development plan approval.
2.2.5 All existing structures that are required to be removed shall be prior to signature on the final plat
by the City Engineer.
2.2.6 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or
lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6.
Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association
(ditch owners), with written approval or non-approval submitted to the Public Works Department.
If lateral users association approval can’t be obtained, alternate plans shall be reviewed and
approved by the Meridian City Engineer prior to final plat signature.
2.2.7 Any existing domestic well system within this project shall be removed from domestic service per
City Ordinance Section 9-1-4 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.
EXHIBIT A
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2.2.18 The engineer shall be required to certify that the street centerline elevations are set a minimum of
3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom
elevation of the crawl spaces of homes is at least 1-foot above.
2.2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or
drainage facility within this project that do not fall under the jurisdiction of an irrigation district
or ACHD. The design engineer shall provide certification that the facilities have been installed in
accordance with the approved design plans. This certification will be required before a certificate
of occupancy is issued for any structures within the project.
2.2.20 At the completion of the project, the applicant shall be responsible to submit record drawings per
the City of Meridian AutoCAD standards. These record drawings must be received and approved
prior to the issuance of a certification of occupancy for any 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 Reduce the width of the landscape island in the center of S. Graycliff Way at the intersection of
Harris Street to allow for 20-foot wide travel lanes on either side.
1.2 Fire Lanes shall have a 20’ wide improved surface capable of supporting an imposed load of
75,000 lbs. All roadways shall be marked in accordance with Appendix D Section D103.6 Signs.
1.3 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 30 homes, as set forth in International Fire Code
EXHIBIT A
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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.
5. REPUBLIC SERVICES
5.1 Republic Services has no comment on this application.
6. PARKS DEPARTMENT
6.1 The developer is required to construct and maintain a 10-foot wide multi-use pathway traversing
the property within the pipeline corridor per the Meridian Pathways Master Plan.
6.2 The developer shall provide a minimum 14-foot wide recreational pathway access easement
covering the required multi-use pathway for City Council approval and recordation.
7. ADA COUNTY HIGHWAY DISTRICT
7.1 Site Specific Conditions of Approval
7.1.1 If allowed by the Idaho Transportation Department (ITD), construct a dedicated southbound right
turn lane and eastbound left and right turn lanes at the SH-69/Meridian Road/Harris Street
intersection prior to plan approval or signature on the first final plat.
7.1.2 Extend Harris Street from its current terminus into the site as a 36-foot residential collector
roadway with vertical curb, gutter, and an 8-foot wide planter strip within 50-feet of right-of-way.
Construct a 5-foot wide detached concrete sidewalk within an easement on Harris Street abutting
the site, as proposed.
7.1.3 Extend west as a through street with the north/south collector T-ing into the Harris Street creating
a standard intersection similar to image on page 8 of the staff report.
7.1.4 Install a sign at the terminus of Harris Street which states that, “THIS IS A DESIGNATED
COLLECTOR ROADWAY. THIS STREET WILL BE EXTENDED AND WIDENDED IN
THE FUTURE.”
7.1.5 Construct the north/south collector as half of a 36-foot residential collector roadway, plus 12-
additional feet of pavement (to total 30-feet) with vertical curb, gutter, and a 5-foot wide detached
or (7-foot attached) concrete sidewalk abutting the site and a 3-foot gravel shoulder and a barrow
ditch sized to accommodate the roadway storm runoff shall be constructed on the west side of the
north/south collector roadway to Dunvegen, as proposed.
7.1.6 The applicant should be required to install a sign at the temporary terminus of the north/south
collector stub street at Dunvegen which states, “THIS IS A DESIGNATED COLLECTOR
ROADWAY. THIS STREET WILL BE EXTENDED AND WIDENDED IN THE FUTURE.”
7.1.7 Dedicate 40 feet of right-of-way for the north/south collector south of Dunvegen transitioning to
10 feet of right-of-way at the south property line.
7.1.8 Construct a 5-foot wide detached concrete sidewalk located within an easement abutting the
right-of-way south of Dunvegen abutting the site.
7.1.9 The applicant should be required to provide a road trust deposit in the amount determined by
ACHD for the construction of vertical curb, gutter, and 4 feet of pavement south of Dunvegen
abutting the site.
7.1.10 Construct all other internal local streets as 33-foot street sections with rolled curb, gutter, a 8-foot
wide planter strip, and a 5-foot wide detached concrete sidewalks. Extend the dedicated right-of-
EXHIBIT A
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way 2-feet behind the back of the sidewalk or 2-feet behind the back of curb and provide a
permanent right-of-way for the detached sidewalk located outside of the dedicated right-of-way.
7.1.11 Construct 2 knuckles, as proposed.
7.1.12 Construct one local street, Dunvegen Street, to intersect the north/south mid -mile collector, 740-
feet south of Harris Street, as proposed.
7.1.13 Construct one stub street to the south, Kentucky Way, 700-feet east of the west property line, as
proposed. Install a sign at the terminus of the stub street which states that, "THIS ROAD WILL
BE EXTENDED IN THE FUTURE.
7.1.14 Constructed one stub street to the east located between Block 2 lots 22-24. Install a sign at the
terminus of the stub street which states that, "THIS ROAD WILL BE EXTENDED IN THE
FUTURE.
7.1.15 To provide access to the future multi-family site, construct a 30-foot wide driveway on Harris
Street located 230-feet west of Kentucky Way and 250-feet east of Graycliff Way and one 30-
foot wide emergency access only driveway onto Tandycroft Way, as proposed. Pave both
driveways their full width at least 30-feet into the site beyond the edge of pavement of Harris
Street and Tandycroft Way.
7.1.16 The applicant of the future multi-family project shall be required to provide a signal warrant
analysis for the Harris Street/SH-69 intersection when the multi-family site is developed if the
intersection hasn’t already been signalized.
7.1.17 Payment of impacts fees are due prior to issuance of a building permit.
7.1.18 Comply with all Standard Conditions of Approval.
7.2 Standard Conditions of Approval
7.2.1 All proposed irrigation facilities shall be located outside of the ACHD right-of-way (including all
easements). Any existing irrigation facilities shall be relocated outside of the 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 t 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.
EXHIBIT A
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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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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 52.46 acre property with the R-8 and R-40
zoning districts and develop 119 single-family residential homes and 224 multi-family units
on the site. The City Council finds that the proposed map amendment complies with the
provisions of the Comprehensive Plan as discussed in Section VII.
b. The map amendment complies with the regulations outlined for the proposed district,
specifically the purpose statement;
The City Council finds that the proposed map amendment to the R-8 and R-40 zoning
districts 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 deliver y 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 the R-8 and R-40 zoning districts 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 with Staff’s recommendations 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 upon 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.