Nesting Swan Ranch AZ 14-016ADA COUNTY RECORDER Christopher D. Rich
BOISE IDAHO Pgs=58 DAWN TRIVOLIS 201 11:29 82
01/27/20166 11:29
MERIDIAN CITY AM
III Jill
I11
INO FEE
00188023201600070820680681
DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. Gladys Allen and Donald & Marie Morgan, Owners/Developers
THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into
this dayof , 2016, by and between City of Meridian, a municipal corporation of
the State of Idaho, hereafter c - led CITY whose address is 33 E. Broadway Avenue, Meridian, Idaho
83642 and Gladys Allen, whose address is 4617 S. Martinel Lane, Meridian, Idaho 83642 and
Donald & Marie Morgan, whose address is 4620 S. Martinel Lane, Meridian, Idaho 83642,
hereinafter called OWNERS/DEVELOPERS.
RECITALS:
1.1 WHEREAS, Owners are the sole owners, in law and/or equity, of certain
tract of land in the County of Ada, State of Idaho, described in Exhibit "A",
which is attached hereto and by this reference incorporated herein as if set
forth in full, herein after referred to as the Property; and
1.2 WHEREAS, Idaho Code § 67-6511A provides that cities may, by ordinance,
require or permit as a condition of zoning that the Owners/Developers make a
written commitment concerning the use or development of the subject
Property; and
1.3 WHEREAS, City has exercised its statutory authority by the enactment of
Section I1-513-3 of the Unified Development Code ("UDC"), which
authorizes development agreements upon the annexation and/or re -zoning of
land; and
1.4 WHEREAS, Owners/Developers have submitted an application for the
aimexation of approximately 22.75 acres of land from the RUT zoning
district in Ada County to the R-4 (Medium Density Residential) zoning
district (as described in Exhibit "A"), under the Unified Development Code,
which generally describes how the Property will be developed and what
improvements will be made; and
1.5 WHEREAS, Owners/Developers 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—NESTING SWAN RANCH (AZ— 14-016) PAGE 1 OF 10
1.6 WHEREAS, the record ofthe 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 7`' day of July, 2015, the Meridian City Council
approved certain Findings of Fact and Conclusions of Law and Decision and
Order ("Findings"), which have been incorporated into this Agreement and
attached as Exhibit "B"; and
1.8 WHEREAS, the Findings require the Owners/Developers to enter into a
Development Agreement before the City Council takes final action on final
plat; and
1.9 WHEREAS, Owners/Developers 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 Owners/Developers 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 ofthis 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 ofMeridian 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 OWNERS/DEVELOPERS: means and refers to Gladys Allen, whose
DEvELOPMENTAGREEMENT -NESTING SWANRANCH (AZ -14-016) PAGE 2 or. 10
3.2 OWNERS/DEVELOPERS: means and refers to Gladys Allen, whose
address is 4617 S. Martinel Lane, Meridian, Idaho 83642 and Donald &
Marie Morgan, whose address is 4620 S. Martinel Lane, Meridian, Idaho
83642, the parties that that own and are developing said Property and shall
include any subsequent owners and/or developer(s) of the Property.
3.4 PROPERTY: means and refers to that certain parcel(s) of Property located
in the County of Ada, City of Meridian as described in Exhibit "A"
describing the parcels to be re -zoned Medium Density Residential (R-4) and
attached hereto and by this reference incorporated herein as if set forth at
length.
4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the
right to develop the Property in accordance with the terms and conditions of this Agreement.
4.1 The uses allowed pursuant to this Agreement are only those uses allowed
under the UDC.
4.2 No change in the uses specified in this Agreement shall be allowed without
modification of this Agreement.
CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY:
5.1. Owners/Developers shall develop the Property in accordance with the
following special conditions:
a. Direct lot access to S. Eagle Road and E. Amity Road, both arterial streets, is prohibited
in accord with UDC 11-3A-3, except for emergency access only.
b. Future development of this site shall be generally consistent with the conceptual
development plan; and building elevations depicted in Exhibit A of the attached Findings
of Fact and Conclusions of Law (Exhibit "B") and the revisions noted in the staff report.
c. The rear of homes on lots that face S. Eagle Road and E. Amity Road shall incorporate
articulation through changes in materials, color, modulation, and architectural elements
(horizontal and vertical) to break up monotonous wall planes and roof lines.
d. The existing home that is proposed to remain on Lot 11, Block 1 (Allen home) and the
existing home on a lot in the future Phase 2 development (Morgan home) shall be
required to hook up to City water and sewer service within 60 days of services being
available per Meridian City Code 9-1-4 and 9-4-8. Applicant shall be responsible for the
payment of all assessments and permit fees, as well as the physical work necessary to
accomplish the connections.
e. Vehicular access to the Luke parcel (Parcel #S 118336250) shall be provided through the
subject property and a cross -access easement shall be granted accordingly and recorded.
f A minimum 5 -foot wide pedestrian pathway shall be provided within the 30 -foot wide
common area depicted on the conceptual development plan along the northern boundary
of the annexation area for pedestrian access to the school site to the east.
DEVELOPMENT AGREEMENT -NESTING SWAN RANCH (AZ -14-016) PAGE 3 OF 10
g. Public street frontage shall be provided to the Taylor property (Parcel No. R5475470020)
via S. Martinel Avenue.
h. The 10 -foot wide common area shown on the conceptual development plan along the
northwest boundary of the annexation area should be included in the adjacent building
lots unless the easement holder requires it to be in a common lot.
6. COMPLIANCE PERIOD This Agreement must be fiilly 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 Owners/Developers' default of this
Agreement, Owners/Developers 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 Owners/Developers that is not cured
after notice as described in Section 7.2, Owners/Developers shall be deemed
to have consented to modification of this Agreement and de -annexation and
reversal of the zoning designations described herein, solely against the
offending portion of Property and upon City's compliance with all applicable
laws, ordinances and rules, including any applicable provisions of Idaho Code
§§ 67-6509 and 67-6511. Owners/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
Owners/Developerss, 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 Owners/Developers 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
DEVELOPMENT AGREEMENT -NESTING SWAN RANCH (AZ- 14-016) PAGE 4 OF 10
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 Owners/Developers 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: Owners/Developers 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 Owners/Developers, 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 Owners/Developers 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
City, or sufficient surety of performance is provided by Owners/Developers to the City in accordance
with Paragraph 11 above.
13. ABIDE BY ALL CITY ORDINANCES: That Owners/Developers agree to abide
by all ordinances of the City of Meridian unless otherwise provided by this Agreement.
14. NOTICES: Any notice desired by the parties and/or required by this Agreement
shall be deemed delivered if and when personally delivered or three (3) days after deposit in the
United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed
as follows:
DEVELOPMENT AGREEMENT -NESTING SWAN RANCH (AZ- 14-016) PAGE 5 OF 10
CITY:
City Cleric
City of Meridian
33 E. Broadway Ave.
Meridian, Idaho 83642
OWNERS/DEVELOPERS:
Gladys Allen
4617 S. Martinel Lane
Meridian, Idaho 83642
with copy to:
City Attorney
City of Meridian
33 E. Broadway Avenue
Meridian, ID 83642
Donald & Marie Morgan
4620 S. Martinel Lane
Meridian, Idaho 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 Owners/Developers, 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 Owners/Developers, to execute appropriate
and recordable evidence of termination of this Agreement if City, in its sole and reasonable
discretion, had determined that Owners/Developers 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.
DEVELOPMENTAGREEMENT-NESTING SWAN RANCH (AZ- 14-016) PAGE 6 OF 10
20. COOPERATION OF THE PARTIES: In the event of any legal or equitable action
or other proceeding instituted by any third party (including a governmental entity or official)
challenging the validity of any provision in this Agreement, the parties agree to cooperate in
defending such action or proceeding.
21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements,
agreements, condition and understandings between Owners/Developers and City relative to the
subj ect matter hereof, and there are no promises, agreements, conditions or understanding, either oral
or written, express or implied, between Owners/Developers 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
comiection with the annexation and zoning of the Property and execution of the Mayor and City
Cleric.
[end of text; signatures, acknowledgements, and Exhibits A and B follow]
DEVELOPMENT AGREEMENT -NESTING SWAN RANCH (AZ- 14-016) PAGE 7 OF 10
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement and made
it effective as hereinabove provided.
OWNERS/DEVELOPERS:
10004
t_/_ /�_s
.o
I
Donald Morgan Marie Morgan
ATTEST: o��oltAT eD n u�Usrr
I City of
ERIDI`vAN�
Jaycee Holman, City Clerk "
UiA L �w
DEVELOPMENT AGREEMENT — NESTING SWAN RANCH (AZ — 14-016) PAGE 8 OF 10
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement and made
it effective as hereinabove provided.
OWNERS/DEVELOPERS:
Gladys Allen
`' . I.— ` =
Donald Morgan
—
ATTEST:
Holman, City Clerk
Mari Morgan
CITY OF MERIDIAN
O�PT�D A�GLST
lls
C;cy of
-RIIDIANk
IGANO
SEAL
9 ,
e
DEVELOPMENT AGREEMENT—NESTING SWAN RANCH (AZ— 14-016) PAGE 8 OF 10
STATE OF IDAHO )
ss:
County of Ada,
On this day of �� r { , 2016, before me, the undersigned, a Notary Public in and
for said State, personally appeared Gla , � s Allen, known or identified to me and acknowledged to me
that she 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.
STATE OF IDAHO )
ss:
County of Ada,
Notary Public -for Idaho
Residing at _I` C
My Commission Expires.
On thisday o , 2016, before me, the undersigned, a Notary Public in and
for said State, personally app ed Donald Morgan, known or identified tome and acknowledged to
me that he executed the same.
IN WITNESS WHEREOF, ave hereunto set my hand and affixed my official seal the day
and year in this certificate first above tten.
(SEAL)
Not Public for Idaho
Residin at:
My Co ssion Expires:
DEVELOPMENT AGREEMENT -NESTING SWAN RANCH (AZ -14-016) PAGE 9 OF 10
STATE OF IDAHO, )
County of Ada, )
On this day of , 2016, before me, the undersigned, a Notary Public in and
for said State, personally appeared Gla'Ws Allen, blown or identified to me and acknowledged to
me that she executed the same.
IN WITNESS WHEREOF, I have hereu set my hand and affixed my official seal the day
and year in this certificate first above written.
(SEAL)
Notary Public for
Residing at:
My Commission
STATE OF I -)
,Y SS:
County of Ada, )
On this day of, 2016, before me, the undersigned, a Notary Public in and
for said State, personally appeared Doan ld Morgan, known or identified to me and acknowledged to
me that he executed the same.
IN WITNESS WHEREOF, I have hereunto set�my-handj affixed my official seal the day
and year in this certificate first above written.
(SEAL)
Notary Pu is for Idaho Lt, t
Residing at: a
My Commission Expires: &6� i
rar
DEVELOPMENTAGREEMENT—NESTING SWAN RANCH (AZ -14-016) PAGE 9 OF 10
STATE OF IDAHO,
e'j' : SS:
County of Ada,
On this da 4
y of
, 2016, before me, the undersigned, a Notary Public in and
for said State, personally appeared Marie Morgan, known or identified to me and acknowledged to
me that she executed the same.
IN WITNESS WHEREOF, I have hereunto
and year in this certificate first above written.
(SEAL)
T
r
f
STATE OF IDAHO )
ss
County of Ada )
affixed my official seal the day
Notary%a-.
c for Ids
Residinsu,
My Commission Expires: c.
On this 19 day of \�q y u C� A -A , 2016, before me, a Notary Public,
personally appeared Tammy de Weerd and Jaycee L: Tolman, 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.
«mama
®0.00 CA J®..
(SEAL)'0T4�f'��'�•
r
q . vp
®® OF ID •••
*OF
Notaij Pu lic for , h
Residing at: ct V,
Commission expires: -Ln 4 . (�)Q O
DEVELOPMENT AGREEMENT—NESTING SWAN RANCH (AZ— 14-016) PAGE 10 OF 10
EXHIBIT A
Sawtooth Land Surveying, LLC
fl � o�fl
P: 398-8104 P: (208) 398-8105
--
20,'30,5. Washington Ave.. Emmett. ID 836 17
January 11, 2016
Logan Creek Subdivision
Annexation Legal Description: R-4 Zone
The Basis of Bearings for this description is North 0°37'07" East between the southwest
corner of section 28 and the west'/ of section 28.
A parcel of land located in the SW1/4 of the SW1/4 of Section 28, T. 3 N., R. 1 E., B.M., City of
Meridian, Ada County, Idaho, more particularly described as follows:
COMMENCING at the Southwest corner of said Section 28;
Thence N 0037'07" E, coincident with the West line of the SW 1/4 of the SW 1/4 said Section
28, a distance of 235.00 feet to the POINT OF BEGINNING;
Thence continuing N 0037'07" E, coincident with said West line of the SW 1/4 of the SW 1/4 of
Section 28, a distance of 403.29 feet;
Thence S 89°07'57" E, coincident with the north line of Martinel Subdivision as shown in Book
66 of Plats, at Pages 6764-6768, Ada County Records, 826.63 feet;
Thence N 0052'03" E, coincident with the west line of said Martinel Subdivision, 290.16 feet;
Thence S 88057'48" W, coincident with the south line of said Martinel Subdivision, 247.57 feet;
Thence N 0056'56" E, coincident with said west line of Martinel Subdivision, 403.05 feet;
Thence S 89019'26" E, coincident with the north line of said Martinel Subdivision, 745.97 feet;
Thence S 0033'00" W, coincident with the east line of said Martinel Subdivision, 793.14 feet;
Thence N 89015'17" W, coincident with said south line of Martinel Subdivision, 411.19.feet;
Thence S 0033'00" W, 529.80 feet to the south line of said SW 1/4 of the SW 1/4 of Section 28;
Thence N 89015'17" W, coincident with said south line of the SW 1/4 of the SW 1/4 of Section
28, a distance of 574.10 feet;
Thence N 0036'48" E, coincident with said west line of Martinel Subdivision, 235.00 feet;
Thence N 8901616" W, coincident with said south line of Martinel Subdivision, 344.98 feet to
the POINT OF BEGINNING;
P:\2015\15109-LOGAN CREEK SUBDIVISION\Survey\Drawings\Descriptions\PPLAT App -Annexation logan creek - R-4
ZONING.docx
Page 11
The above described parcel contains 22I5 -r more or less.
ENS
W.,
End Description 9 OF VO p)
o�Rc POV0
P:\2015\15109-LOGAN CREEK SUBDIVISION\Survey\Drawings\Descriptions\PPLAT App - Annexation logan creek - R-4
ZONING.docx
Page 12
ti
z Q� x Lo
Z
Q � U
ap x
%
Zp p
QWoo
�:*NN
vi W 4; ii
a
g41d
Y�
O
>m
m2
W
UO
Y
W Z
W Z
UNO
Lu
(�7
a 0
v na
. sowvr3a eo�stsve � q
mou mn s
¢ YOR
J
O �
-1 U3 ��oa
�O V;lo
cr`r
♦S ac's GQ'
S�dOHd
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND
DECISION & ORDER
0 1101,
C�WE I
In the Matter of the Request for Annexation and Zoning of 27.75 Acres of Land with an R-8 Zoning
District; and Preliminary Plat Consisting of Thirty -One (31) Building Lots and Seven (7) Common
Lots on 10.37 Acres of Land for Nesting Swan Ranch Subdivision, Located at 4617 and 4620 S.
Martinel Lane and 3570 E. Amity Road, by Blossom 1, LLC.
Case No(s). AZ -14-016; PP -14-018
For the City Council Hearing Date of: June 16, 2015 (Findings on July 7, 2015)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of May 21, 2015, incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of May 21, 2015, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of May 21, 2015,
incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of May 21, 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.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ -14-016; PP -14-018
6. That the City has granted an order of approval of the annexation and zoning request in
accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a
copy served by the Clerk upon the applicant, the Planning Deparhnent, the Public Works
Department and any affected party requesting notice.
7. That this annexation approval is subject to a development agreement containing the provisions in
the attached Staff Report for the hearing date of May 21, 2015, incorporated by reference.
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 was approved with an R-4 zoning district
with the requirement of a Development Agreement with the provisions noted in the Staff
Report for the hearing date of May 21, 2015, attached as Exhibit A.
2. The applicant's request for a preliminary plat is hereby denied based on the fact that it is not in
conformance with the R-4 zoning district that was approved with the annexation and zoning as
noted in the Staff Report for the hearing date of May 21, 2015, attached as Exhibit A.
D. Notice of Applicable Time Limits
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 I 1 -5E -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 -5E -3F).
E. Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development
application entitles the Owner to request a regulatory taking analysis. Such request roust 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 May 21, 2015
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASENO(S). AZ -14-016; PP -14-018
-2-
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--'),4&---
OTED'i.G&'--
COUNCIL
COUNCIL MEMBER LUKE CAVENER
VOTED
COUNCIL MEMBER GENESIS MILAM
VOTED
MAYOR TAMMY de WEERD VOTED
(TIE BREAKER)
Mnym-TMMI e ee
p0.pTPu
Attest: � G�P4
3 9
n city -f $
Jaycee roman SEAL
City Clerk y f`
Copy served upon Applicant, The Planning Division, Public Works Department and City Attorney.
By: Dated: �AI
City Clerk' O rice
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ -14-016; PP -14-018
-3-
EXHIBIT A
Nesting Swan Ranch AZ-14-016; PP-14-018 PAGE 1
STAFF REPORT Hearing Date: May 21, 2015
(Continued from: May 7, 2015)
TO: Planning & Zoning Commission
FROM: Sonya Watters, Associate City Planner
208-884-5533
Bruce Freckleton, Development Services
Manager
208-887-2211
SUBJECT: AZ-14-016; PP-14-018 – Nesting Swan Ranch
I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST
The applicant, Blossom 1, LLC, has submitted an application for annexation and zoning (AZ) of
27.75 acres of land with an R-8 zoning district; and preliminary plat (PP) consisting of 31 buildable
lots and 7 common/other lots on 10.37 acres of land in the R-8 zoning district for Nesting Swan
Ranch subdivision.
NOTE: The applicant’s AZ application includes a 4.55 acre parcel at 3570 E. Amity Road containing
an existing assisted living facility, which is currently receiving City water and sewer service. The
applicant’s submitted preliminary plat only includes 10.37 acres of the remaining area; a conceptual
plat for the remaining 11.39 acres has been submitted, but the applicant is not proposing to subdivide
that portion of the property at this time; a conceptual development plan has been submitted for that
portion of the site. See Section IX of the staff report for more information.
II. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed AZ and PP applications in accord with the conditions of
approval in Exhibit B and the Findings of Fact and Conclusions of Law in Exhibit D.
The Meridian Planning & Zoning Commission heard these items on February 5, 2015. At the
public hearing, the Commission moved to recommend denial of the subject AZ and PP requests.
a. Summary of Commission Public Hearing:
i. In favor: Tamara Thompson, Applicant’s Representative; Sandy Sanderson, Developer
ii. In opposition: Scott Shaw; Dan Luke; Roger Taylor; and Frank Shoemaker
iii. Commenting: Randy Clarno and Bradford Dedman
iv. Written testimony: Philip & Judy DeAngeli; Roger & Teresa Taylor; Louis Uranga on
behalf of Frank & Sue Shoemaker; and Tamara Thompson, Applicant’s Representative
v. Staff presenting application: Sonya Watters
vi. Other staff commenting on application: None
b. Key Issue(s) of Discussion by Commission:
i. Inclusion of the northern portion of the property in order to be contiguous to annex and
develop the southern portion of the site in the City (i.e. “leapfrog”, not orderly
development);
ii. The private streets within the development not being wide enough to allow on-street
parking and the financial burden on the homeowners to maintain the private streets;
iii. The location of the stub street to the north;
iv. Overcrowding in the West Ada School District;
EXHIBIT A
Nesting Swan Ranch AZ-14-016; PP-14-018 PAGE 2
v. Provision of larger lots along the north boundary of the development as a transition to
larger rural residential properties; and
vi. Provision of a pathway within the common lot along the north boundary of the site for
pedestrian access to the future high school to the east.
c. Key Commission Change(s) to Staff Recommendation:
i. The Commission recommended denial of this application based on the their determination
that it was a leapfrog development and not an orderly expansion of the City limits and
services; the location of the stub street to the north; and impact on the schools.
d. Outstanding Issue(s) for City Council:
i. None
Prior to the City Council meeting on March 17, 2015, the applicant submitted a revised conceptual
development plan that no longer included private streets on the northern portion of the site and
shifted the stub street at the north boundary further to the west with the lots reconfigured
accordingly. Because Council considered these changes significant, they remanded the
applications back to the Commission for their review and recommendation.
The Meridian Planning & Zoning Commission heard these items on May 7 and 21, 2015 At the
public hearing on May 21st, the Commission moved to recommend approval of the subject AZ
and PP requests.
a. Summary of Commission Public Hearing:
i. In favor: Tamara Thompson
ii. In opposition: Frank Shoemaker; Bradford Dedman; Dan Luke; Roger Taylor
iii. Commenting: None
iv. Written testimony: None
v. Staff presenting application: Sonya Watters
vi. Other staff commenting on application: None
b. Key Issue(s) of Discussion by Commission:
i. The differences between the original concept plan and the revised one;
ii. The issue of the proposed development plan being “leap frog” development;
c. Key Commission Change(s) to Staff Recommendation:
i. None
d. Outstanding Issue(s) for City Council:
i. None
The Meridian City Council heard these items on June 16, 2015. At the public hearing, the
Council approved the subject AZ request and denied the PP request.
a. Summary of City Council Public Hearing:
i. In favor: Tamara Thompson
ii. In opposition: Frank Shoemaker; Roger Taylor; Marie Morgan; Dan Luke;
iii. Commenting: Justin Lucas, ACHD
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. Future access for the outparcel at the southwest corner of the site owned by the Luke’s;
ii. Density and zoning of the proposed subdivision and annexation area.
c. Key Council Changes to Commission Recommendation
i. Council approved the annexation request but with an R-4 instead of an R-8 zoning
district and denied the preliminary plat.
EXHIBIT A
Nesting Swan Ranch AZ-14-016; PP-14-018 PAGE 3
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Numbers AZ-14-
016 & PP-14-018, as presented in the staff report for the hearing date of June 16, 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-14-016
& PP-14-018, as presented during the hearing on June 16, 2015, for the following reasons: (You
should state specific reasons for denial)
Continuance
I move to continue File Numbers AZ-14-016 & PP-14-018 to the hearing date of (insert continued
hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.)
IV. APPLICATION AND PROPERTY FACTS
A. Site Address/Location:
The site is located at 4617 and 4620 S. Martinel Lane and 3570 E. Amity Road, in the southwest
¼ of Section 28, Township 3 North, Range 1 East. (Parcel No.’s: R5475470011 and
R5475470030)
B. Owner(s):
Blossom 1, LLC
1775 W. State St. Box 317
Boise, Idaho 83702
C. Applicant(s):
Gladys and Larry Allen
4617 S. Martinel Lane
Meridian, ID 83642
Donald and Marie Morgan
4620 S. Martinel Lane
Meridian, ID 83642
D. Representative:
Tamara Thompson, The Land Group, Inc.
462 E. Shore Drive
Eagle, Idaho 83616
E. Applicant's Statement/Justification: Please see applicant’s narrative for this information.
V. PROCESS FACTS
A. The subject application is for annexation and zoning and preliminary plat. A public hearing is
required before the Planning & Zoning Commission and City Council on this matter, consistent
with Meridian City Code Title 11, Chapter 5.
B. Newspaper notifications published on: April 20, and May 4, 2015 (Commission); May 25, and
June 8, 2015 (City Council)
C. Radius notices mailed to properties within 300 feet on: April 9, 2015 (Commission); May 28,
2015 (City Council)
EXHIBIT A
Nesting Swan Ranch AZ-14-016; PP-14-018 PAGE 4
D. Applicant posted notice on site(s) on: April 27, 2015 (Commission); June 6, 2015 (City Council)
VI. LAND USE
A. Existing Land Use(s) and Zoning: The annexation area consists of two rural
residential/agricultural properties and an assisted living facility (Diamond View Assisted Living),
all zoned RUT in Ada County. The preliminary plat only encompasses the 10.37 acre rural
residential property nearest the Eagle/Amity Road intersection.
B. Character of Surrounding Area and Adjacent Land Use and Zoning:
1. North: Rural residential/agricultural properties, zoned RUT in Ada County; and urban density
residential properties in Napoli Subdivision, zoned R-2.
2. East: Agricultural property, zoned RUT in Ada County
3. South: E. Amity Road and agricultural property, zoned RUT in Ada County
4. West: S. Eagle Road and rural residential/agricultural property, zoned RUT in Ada County
EXHIBIT A
Nesting Swan Ranch AZ-14-016; PP-14-018 PAGE 5
C. History of Previous Actions:
The properties located at 4617 and 4620 S. Martinel Lane were previously platted as Lots 1
and 3, Block 1, Martinel Subdivision, respectively.
The property at 3570 E. Amity Road received conditional use permit approval through Ada
County to operate as an assisted living facility (91-55-CU; 95-04-CU; and 200600082-CU-
MSP). This property is currently receiving City water.
D. Utilities:
1. Location of sewer: Sanitary sewer mains to provide service to the proposed development
currently exist near the southwest corner of the Napoli Subdivision.
2. Location of water: Water mains intended to provide service to the proposed development
currently exist in E. Amity Road and S. Eagle Road.
3. Issues or concerns: Applicant shall be required to connect their interior water mains with the
existing water main in S. Eagle Road near the northwest corner of the development.
E. Physical Features:
1. Canals/Ditches Irrigation: There are some irrigation ditches that run along the property lines
of the site.
2. Hazards: Staff is not aware of any hazards that exist on this property.
4. Flood Plain: This site does not lie within the Meridian Floodplain Overlay District.
VII. COMPREHENSIVE PLAN POLICIES AND GOALS
Land Use: The subject property is designated Medium Density Residential (MDR) on the Future
Land Use Map (FLUM) contained in the Comprehensive Plan.
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).
The applicant proposes to subdivide and develop the southwest 10.37 acre portion of the annexation
area with 31 single-family detached residential lots at a gross density of 2.99 d.u./acre with a net
density of 3.11 d.u./acre. The proposed gross density is slightly (0.01) below the low-end of the
desired density range of 3 to 8 d.u./acre in MDR designated areas. However, this density figure
includes the existing 2.23 acre home site that is proposed to remain as a lot in the subdivision.
Without this property, the gross density of the proposed lots on 8.17 acres is 3.79 d.u./acre. For this
reason and because the overall gross density is only 0.01 below the desired density for this area, staff
deems the proposed density meets the intent of the desired MDR density.
Policies: Staff finds the following Comprehensive Plan policies to be applicable to this application
and apply to the proposed use of this property (staff analysis in italics):
“Support a variety of residential categories (low-, medium-, medium-high and high-density
single-family, multi-family, townhouses, duplexes, apartments, condominiums, etc.) for the
purpose of providing the City with a range of affordable housing opportunities.” (3.07.01E)
The proposed medium density single-family residential development should contribute to the
variety of residential uses that exist in this area which currently consist of rural, low and
medium residential densities, a residential care facility and agricultural uses.
EXHIBIT A
Nesting Swan Ranch AZ-14-016; PP-14-018 PAGE 6
“Require new urban density subdivisions which abut or are proximal to existing low density
residential land uses to provide landscaped screening or transitional densities with larger,
more comparable lot sizes to buffer the interface between urban level densities and rural
residential densities.” (3.05.02F).
There are existing low density residential land uses to the north and northwest of the property
included in the proposed preliminary plat and concept plan. Although not part of the
submitted preliminary plat, the conceptual development plan for the northern portion of the
annexation area depicts 4 building lots along the northern property boundary abutting the De
Angeli property (#R9827130200); 4 building lots adjacent to the Shoemaker property
(#R9827130100); and 7 building lots along the northern boundary of the proposed plat and 6
future building lots at the northwest boundary of the concept plan abutting the Taylor
property (#R5475470020). A 30-foot wide common area for a utility easement is proposed on
the concept plan along the northern boundary of the annexation area adjacent to the
D’Angeli and Shoemaker properties; and a 50-foot wide common area is proposed along the
southwest portion of the annexation area abutting the Taylor property which will also
provide an added buffer.
Because the homes on the two existing rural residential properties to the north are 475+/-
feet (De Angeli’s) and 380+/- feet (Shoemaker’s) away from the northern boundaries of the
building lots depicted on the concept plan, and because these properties are also designated
as MDR for redevelopment (which should result in a similar density as the proposed
development), staff feels there is an adequate buffer between the proposed development and
existing homes. There are also existing bushes and/or trees along the southern boundary of
the De Angeli property to screen the residential development.
The portion of the Taylor property where the home is located abuts the Allen property where
there is also an existing home that is proposed to remain on a 2.23 acre lot in the proposed
subdivision. This property is also designated as MDR for future redevelopment which should
result in a similar density as the proposed development.
For the reasons stated above, staff does not recommend more of a transition in density than
proposed or an additional buffer beyond what is being proposed.
“Require pedestrian access connectors in all new development to link subdivisions together to
promote neighborhood connectivity as part of a community pathway system.” (3.03.03B)
No pedestrian pathways are proposed on the preliminary plat to adjacent properties. Staff
recommends a pedestrian pathway is provided to the Taylor property (Parcel No.
R5475470020) for future interconnectivity at the northwest boundary of the platted area
within the common lot where the emergency access driveway is proposed.
“Require street connections between subdivisions at regular intervals to enhance connectivity
and better traffic flow.” (3.03.03C)
The proposed conceptual development plan depicts a stub street to the D’Angeli rural
residential property to the north (Parcel No. R9827130100) for future extension and
interconnectivity. Public street frontage on S. Martinel Avenue is proposed for the assisted
living property to the east (Parcel No. S1128336506); and private street frontage is proposed
for the Luke property at the southwest corner of the site (Parcel No. S1128336250). Staff is
supportive of the street connections proposed but also recommends public street frontage is
provided to the Taylor property (Parcel No. R5475470020) via S. Martinel Avenue.
EXHIBIT A
Nesting Swan Ranch AZ-14-016; PP-14-018 PAGE 7
“Require new residential development to meet development standards regarding landscaping,
signage, fences and walls, etc.” (3.05.02C)
Street buffer landscaping is required along S. Eagle Road and E. Amity Road, both arterial
streets, in accord with the standards listed in UDC 11-3B-7C. Five-foot tall vinyl privacy
fencing is proposed around the perimeter of the site as depicted on the landscape plan and
should comply with the standards listed in UDC 11-3A-7. Separate permits shall be obtained
for signage and fencing.
“Protect existing residential properties from incompatible land use development on adjacent
parcels.” (3.06.01F)
The proposed residential development should be compatible with adjacent existing rural and
low density residential uses and the residential care facility to the east. Further, because the
adjacent properties are also designated on the FLUM for future MDR uses, the proposed
development should be consistent with future development in this area.
“Require common area in all subdivisions.” (3.07.02F)
The proposed development is required to provide a minimum of 10% (or 1.03 acres) qualified
open space in accord with the requirements listed in UDC11-3G-3.
“Evaluate the comprehensive impact of growth in all land use decisions (e.g., traffic impacts,
school enrollment and parks etc.).” (3.01.01B)
A letter was received by the City from the West Ada School District detailing how the
proposed development will affect the school district. The letter states that the school district
is currently operating beyond capacity and that students living in the proposed development
cannot be assured of attending the neighborhood school and may need to be bussed to
available classrooms across the district (see letter in the public record for more information).
Based on the school district’s letter, Staff concludes that the school district should be able to
absorb the additional students within this development somewhere within the district.
ACHD reviewed the subject project; draft comments/conditions are provided in Exhibit B.
“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 upon development of the
site in accord with UDC 11-3A-21.
Analysis: For the reasons listed above, Staff deems the proposed density and development is
consistent with the MDR designation and goals and policies of the Comprehensive Plan.
VIII. UNIFIED DEVELOPMENT CODE (UDC)
A. Purpose Statement of Zone: Per UDC 11-2A-1, the purpose of the residential districts is to
provide for a range of housing opportunities consistent with the Meridian comprehensive plan.
Residential districts are distinguished by the allowable density of dwelling units per acre and
corresponding housing types that can be accommodated within the density range. The medium
density residential (R-8) district allows a maximum gross density of 8 dwelling units per acre.
B. Schedule of Use: Unified Development Code (UDC) Table 11-2A-2 lists the principal permitted
(P), accessory (A), conditional (C), and prohibited (-) uses in the R-8 zoning district. Any use not
explicitly listed, or listed as a prohibited use is prohibited.
EXHIBIT A
Nesting Swan Ranch AZ-14-016; PP-14-018 PAGE 8
The proposed use of the majority of the site for single-family detached dwellings is a principal
permitted use in the R-8 zoning district. Nursing or residential care facilities are listed as a
conditional use in the R-8 district. A CUP was obtained in Ada County for the existing assisted
living facility (Diamond View Assisted Living). Because City Staff reviewed and commented on
the assisted living facility when it was processed through Ada County, Staff is not recommending
a new CUP is required through the City with annexation of the property.
C. Dimensional Standards: Development of the site should be consistent with the dimensional
standards listed in UDC Tables 11-2A-6 for the R-8 zoning district.
D. Landscaping: Street buffer landscaping shall be installed in accordance with the standards listed
in UDC Tables 11-2A-6 for the R-8 zoning district.
E. Off-Street Parking: Off-street parking is required in accord with UDC Table 11-3C-6 for single-
family dwellings.
IX. ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
1. Annexation & Zoning
The applicant has applied to annex and zone a total of 27.75 acres of land with an R-8 zoning
district. As discussed above in Section VII, staff feels the proposed zoning is consistent with the
corresponding FLUM designation of MDR and the policies in the Comprehensive Plan as noted.
The applicant proposes to develop 30 new single-family residential detached homes on the
southwest portion of the annexation area nearest the Amity/Eagle Road intersection as shown on
the preliminary plat included in Exhibit A.2. The existing home is proposed to remain.
The parcel to the northeast is proposed to develop at a later date with approximately 33 building
lots for single-family residential homes as shown on the conceptual development plan included in
Exhibit A.3. The concept plan also demonstrates how Lot 11, Block 1 where the existing home is
located may redevelop in the future with 4 additional building lots. A concept plan is also
included for the Luke parcel which depicts how the property may redevelop with 4 new building
lots accessed by a common driveway.
The property at the southeast corner of the annexation area is currently used for an assisted living
facility and is not part of the development area. From the aerial view of the property, the existing
structures appear to comply with the setback requirements of the R-8 zoning district. The
property was provided with City water and sewer services before the property was contiguous to
City property and was required to annex once it became contiguous. City Staff requested the
subject applicant include the assisted living facility property within the boundary of their AZ
request; the applicant has obliged.
The legal description submitted with the application, included in Exhibit C, shows the boundaries
of the property proposed to be annexed and rezoned. The property is contiguous to land that has
been annexed into the City and is within the Area of City Impact boundary.
The City may require a development agreement (DA) in conjunction with an annexation pursuant
to Idaho Code section 67-6511A. In order to ensure the site develops as proposed with this
application, staff recommends a DA as a provision of annexation with the provisions included in
Exhibit B.
EXHIBIT A
Nesting Swan Ranch AZ-14-016; PP-14-018 PAGE 9
2. Preliminary Plat
The proposed plat is a re-subdivision of Lot 1, Block 1, Martinel Subdivision and consists of 31
single-family residential building lots and 7 common/other lots on 10.37 acres of land in a
proposed R-8 zoning district.
The overall gross density for the subdivision is 2.99 d.u./acre with a net density of 3.11 d.u./acre.
The average lot size in the proposed development is 6,926 square feet. The portion of the site
included in the preliminary plat consists of the parcel nearest the Eagle/Amity Road intersection.
The parcel to the northeast is proposed to develop through a separate preliminary plat at a later
date in substantial conformance with the conceptual development plan included in Exhibit A.3.
Note: There is a 1.17 acre out-parcel at the southwest corner of this site (Parcel No.
S1128336250, Luke property). Staff has verified that it is an original parcel of record as defined
in UDC 11-1A-1 and therefore, is not required to be included in the subject annexation and
preliminary plat application.
Dimensional Standards: Development of this site is required to comply with the dimensional
standards listed in UDC Table 11-2A-6 for the R-8 district and UDC 11-2A-3. Staff has reviewed
the proposed plat and found it to be in compliance with those standards except for the street
frontage on Lot 17, Block 1, which is required to be a minimum of 30 feet measured as a chord
measurement; the plat should be revised to comply with this standard.
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.
Traffic Impact Study (TIS): A TIS was not required by ACHD for this development.
ACHD Requirements: ACHD is requiring additional right-of-way (ROW) to be dedicated to
total 48 feet from the centerline of S. Eagle Road where it does not currently exist and
construction of a 5-foot wide detached sidewalk. No additional ROW is required to be dedicated
to widen E. Amity Road. The applicant is required to widen the pavement to a minimum of 17
feet from centerline plus a 3-foot wide gravel shoulder abutting the site along S. Eagle and E.
Amity Roads.
Access: There is one public street access (S. Martinel Avenue, classified as a local street)
proposed for this development via E. Amity Road. The internal loop road providing access to the
residential lots included in the preliminary plat is proposed as private streets with a gated access
off of S. Martinel Avenue.
An emergency access easement via S. Eagle Road is depicted on the plat at the northwest corner
of the site; removable bollards are proposed to restrict access to emergency vehicles only.
Access to arterial streets is limited in accord with the provisions listed in UDC 11-3A-3. Direct
lot access to S. Eagle Road and E. Amity Road is prohibited.
Private Street(s): The UDC (11-3F-1) allows private streets to be provided for single-family
developments when a limited gated residential development is proposed. All private streets are
required to comply with the standards listed in UDC 11-3F-4.
Twenty-six foot wide private streets (Mikael Lane & Nick Loop) are proposed on a common lot
off of S. Martinel Avenue for access to the proposed residential lots as well as the Luke out-
parcel (Parcel #S1128336250); the existing home on Lot 11, Block 1 has a driveway access via S.
Martinel Avenue. A gated entry to the development is depicted on the plans 60 feet west of the S.
Martinel Avenue right-of-way.
EXHIBIT A
Nesting Swan Ranch AZ-14-016; PP-14-018 PAGE 10
Per the private street design standards (UDC 11-3F-4A.4.c), the proposed development is
required to provide unrestricted access to pedestrians and bicycles at a minimum of two
additional points (beyond the pedestrian and bicycle access along the private streets) within the
proposed development. In accord with this requirement, staff recommends a paved or
concrete pathway connection is provided along the south side of Lot 29, Block 1 to the west
to the future sidewalk along S. Eagle Road, and to the north along the west side of Lot 22,
Block 1 to Parcel No. R5475470020 for future neighborhood interconnectivity.
A private street application should be submitted to the Planning Division of the Community
Development Department prior to or concurrent with the final plat application.
Staff has reviewed the proposed private streets and found the proposed plans comply with the
private street standards noted in UDC 11-3F-4, except for the pathways recommended above.
Stub Streets: A stub street (S. Martinel Avenue) is proposed at the north boundary of the plat for
future extension, which will ultimately stub at the northern boundary of the overall site as shown
on the conceptual development plan (see Exhibit A.3).
Because the internal streets providing access to the dwellings are proposed to be private, no stub
streets are proposed to the Taylor property to the north (Parcel #R5475470020) with the subject
plat. No street frontage is depicted on the concept plan to the Taylor property. Staff
recommends public street frontage is provided to the Taylor property with the 2nd phase
preliminary plat.
Due to the smaller size of the property, private street frontage is provided for the Luke parcel at
the southwest corner of the site (Parcel No. S1128336250); a cross-access easement should be
depicted on the face of the final plat. If a separate easement is recorded granting access to the
private street for this property in addition to the note on the plat, a copy of the easement shall be
provided to the City with submittal of the final plat application.
Landscaping: A landscape plan was submitted with this application for the area proposed to be
platted as shown in Exhibit A.4.
A 25-foot wide street buffer is required along S. Eagle Road and E. Amity Road, both arterial
streets, per UDC Table 11-2A-6 as proposed. Landscaping within the street buffers is required to
comply with the standards listed in UDC 11-3B-7C. Landscaping within the common areas is
required in accord with the standards listed in UDC 11-3G-3E as proposed.
The unimproved street right-of-way along S. Eagle and E. Amity Roads is greater than 10 feet
from the edge of pavement to edge of sidewalk; this area is required to have a 10-foot wide
compacted gravel shoulder meeting ACHD’s construction standards and should be landscaped
with lawn or other vegetative groundcover in accord with UDC 11-3B-7C.5. The landscape plan
should be revised to comply with this requirement.
A 30-foot wide common area planted with grass is proposed along the northern boundary of the
annexation area on the concept plan where a utility easement is proposed; staff recommends a
pedestrian pathway is included in this area. A 10-foot wide common area is shown along the
northwest boundary of the annexation area; this area should be included in the adjacent building
lots with consent of the easement holder.
Staff has reviewed the landscape plan for compliance with the landscaping standards listed in
UDC 11-3B and found the plan to be in general compliance with these standards except as noted
in this section and in Exhibit B.
EXHIBIT A
Nesting Swan Ranch AZ-14-016; PP-14-018 PAGE 11
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 (10.37
acres), a minimum of 1.03 acres of qualified open space is required to be provided as set forth in
UDC 11-3A-3B.
The applicant proposes a total of 1.03 acres of qualified open space consisting of ½ the street
buffers along S. Eagle and E. Amity Roads, open grassy areas and parkways. Per UDC 11-3G-
3B.1, open grassy areas should be at least 50’ x 100’ in area. Because the open grassy areas
proposed are only 20 to 30-feet wide, Staff recommends the applicant revise the landscape
plan submitted with the final plat to include common area as set forth in UDC 11-3G-3B.
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 (10.37 acres), a minimum of one amenity is required to
be provided. The applicant proposes to provide a picnic area within the common area as an
amenity.
Parkways: Parkways are proposed on a portion of the development as shown on the landscape
plan in accord with UDC 11-3A-17; landscaping is required in accord with UDC 11-3A-17E and
11-3B-7C. A calculations table should be included on the landscape plan submitted with the final
plat application demonstrating compliance with the planting requirements for parkways.
Pathways: The Pathways Master Plan does not depict a regional pathway on this site. No
pathways are depicted on the plans to adjacent properties for future extension and neighborhood
connectivity.
As noted above under the private streets section, Staff recommends a paved or concrete
pedestrian pathway is provided to the Taylor property to the north (Parcel No.
R5475470020) along the west side of Lot 22, Block 1 for future neighborhood
interconnectivity; and to the future sidewalk along S. Eagle Road along the south side of
Lot 29, Block 1. Staff also recommends a pathway is provided within the 30-foot wide
common area along the northern boundary of the annexation area for pedestrian access to
the school site to the east.
Sidewalks: Sidewalks are required along all public streets as set forth in UDC 11-3A-17.
A minimum 5-foot wide detached sidewalk is required along S. Eagle Road and E. Amity Road,
both arterial streets, and a 5-foot wide attached sidewalk is required along S. Martinel Avenue, an
internal local public street.
The landscape plan depicts a detached sidewalk along E. Amity Road and an attached sidewalk
along both sides of S. Martinel Avenue. A detached sidewalk is proposed around the street
perimeter of Lots 31-33, 35-37, and 2-7, Block 1. No sidewalk is depicted along S. Eagle Road as
required; the landscape plan should be revised accordingly.
Utilities: Street lighting is required to be installed within the development in accord with the
City’s adopted standards, specifications and ordinances. All development is required to connect
to the City water and sewer system unless otherwise approved by the City Engineer in accord
with UDC 11-3A-21.
EXHIBIT A
Nesting Swan Ranch AZ-14-016; PP-14-018 PAGE 12
Note: There are several existing utility easements that are depicted on the recorded plat for
Martinel Subdivision. If any of these easements are no longer needed, they may be vacated
through the public hearing process which requires approval by City Council.
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. The applicant’s letter states PI will be
coordinated with the New York Irrigation District and Boise Project Board of Control.
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. Stormwater is
proposed to be retained on site.
Waterways: An irrigation ditch runs along the property line at the northeast corner of the site.
All irrigation ditches are required to be piped or otherwise covered in accord with UDC 11-3A-
6A.
Floodplain: This site does not lie within the Meridian Floodplain Overlay District.
Existing Structure(s): There is an existing dwelling and outbuilding depicted on Lot 11, Block 1
that is proposed to remain. These structures comply with the setback requirements of the R-8
zoning district.
Building Elevations: The applicant has submitted three pictures of typical sample building
elevations for future homes in this development as well as the portion proposed to develop in
Phase 2, included in Exhibit A.5. Building materials appear to consist of a mix of horizontal and
vertical siding and stucco with stone accents; specific materials will be finalized prior to the final
plat submittal.
Because homes on lots that back up to S. Eagle Road and E. Amity Road will be highly visible,
staff recommends the rear 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.
Fencing: All fencing should comply with the standards listed in UDC 11-3A-6B and 11-3A-7.
A 5-foot tall vinyl privacy fence is proposed to be constructed by the developer around the
perimeter of the subdivision as shown on the landscape plan. Staff recommends a 6-foot tall
perimeter fencing is provided as an added buffer to existing rural residential properties as
well as new residents adjacent to Eagle and Amity Roads.
The UDC requires the developer to install fencing adjacent to micropath connections to
distinguish common from private areas in accord with the standards listed in UDC 11-3A-7A.7.
Fencing adjacent to all pathways and interior common open space areas is required to be open
vision if 6 feet in height or 4 feet in height if closed vision fencing is proposed.
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/Zoning Map
2. Proposed Preliminary Plat (dated: 11/10/14) & Roadway Sections
EXHIBIT A
Nesting Swan Ranch AZ-14-016; PP-14-018 PAGE 13
3. Proposed Conceptual Development Plan (dated: 11/10/14)
4. Proposed Landscape Plan (dated: 11/10/14)
5. Conceptual Building Elevations
6. J-U-B Technical Memorandum dated July 22, 2014
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/Zoning Map
Annexation
Area
Preliminary
Plat Area
EXHIBIT A
Exhibit A Page 2
2. Proposed Preliminary Plat (dated: 11/10/14) & Roadway Sections - REVISED NOT
APPROVED
EXHIBIT A
Exhibit A Page 3
EXHIBIT A
Exhibit A Page 4
EXHIBIT A
Exhibit A Page 5
3. Proposed Conceptual Development Plan (dated: 11/10/14) - REVISED
EXHIBIT A
Exhibit A Page 6
4. Proposed Landscape Plan (dated: 11/10/14) NOT APPROVED
EXHIBIT A
- 2 -
5. Conceptual Building Elevations
EXHIBIT A
- 3 -
6. J-U-B Technical Memorandum dated January 30, 2015
EXHIBIT A
- 4 -
EXHIBIT A
- 5 -
EXHIBIT A
- 6 -
EXHIBIT A
- 7 -
EXHIBIT A
- 8 -
EXHIBIT A
- 9 -
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 S. Eagle Road and E. Amity Road, both arterial streets, is prohibited in
accord with UDC 11-3A-3, except for emergency access only as depicted on the plat.
b. Future development of this site shall be generally consistent with the preliminary plat,
conceptual development plan, and building elevations depicted in Exhibit A and the requested
modifications included in this report.
c. The rear of homes on lots that face S. Eagle Road and E. Amity Road shall incorporate
articulation through changes in materials, color, modulation, and architectural elements
(horizontal and vertical) to break up monotonous wall planes and roof lines.
d. The existing home that is proposed to remain on Lot 11, Block 1 (Allen home) and the
existing home on a lot in the future Phase 2 development (Morgan home) shall be required to
hook up to City water and sewer service within 60 days of services being available per
Meridian City Code 9-1-4 and 9-4-8. Applicant shall be responsible for the payment of all
assessments and permit fees, as well as the physical work necessary to accomplish the
connections.
e. Vehicular access to the Luke parcel (Parcel #S118336250) shall be provided through the
subject property and a cross-access easement shall be granted accordingly and recorded.
f. A minimum 5-foot wide pedestrian pathway shall be provided within the 30-foot wide
common area depicted on the conceptual development plan along the northern boundary of
the annexation area for pedestrian access to the school site to the east.
g. Public street frontage shall be provided to the Taylor property (Parcel No. R5475470020) via
S. Martinel Avenue.
h. The 10-foot wide common area shown on the conceptual development plan along the
northwest boundary of the annexation area should be included in the adjacent building lots
unless the easement holder requires it to be in a common lot.
1.1.2 The preliminary plat included in Exhibit A.2, dated 11/10/14, shall be revised as follows:
a. Revise notes #2.2 and #2.3 to include a 10-foot wide permanent public utility, drainage and
irrigation easement, instead of an 8-foot wide easement.
b. Revise note #7 to include who will own and operate the pressurized irrigation service.
c. Include a note stating the purpose and holder of the 12-foot wide easement depicted on the
plat along the south, west and north boundaries of the subdivision. The existing plat states it
is a permanent public utilities, drainage and irrigation easement. This easement may be
vacated if no longer needed.
EXHIBIT A
- 10 -
d. In the situate statement on Sheet PP-1, it should be noted that this is a re-subdivision of Lot 1,
Block 1, Martinel Subdivision.
e. Provide a minimum 5-foot wide paved or concrete pedestrian pathway to the property to the
north (Parcel No. R5475470020) along the west side of Lot 22, Block 1 for future
neighborhood interconnectivity.
f. Provide a minimum 15-foot wide common lot along the south side of Lot 29, Block 1 for a
pathway connection to the future sidewalk along S. Eagle Road.
1.1.3 The landscape plan included in Exhibit A.4, dated 11/10/14, shall be revised as follows:
a. Include mitigation information on the plan in accord with UDC 11-3B-10C for any existing
healthy trees on the site that are proposed to be removed (if applicable).
b. The unimproved street right-of-way along S. Eagle and E. Amity Roads is greater than 10
feet from the edge of pavement to edge of sidewalk; this area is required to have a 10-foot
wide compacted gravel shoulder meeting ACHD’s construction standards and should be
landscaped with lawn or other vegetative groundcover in accord with UDC 11-3B-7C.5. The
landscape plan should be revised to comply with this requirement.
c. Include a calculations table demonstrating compliance with the qualified open space
requirements listed in UDC 11-3G-3B; the parkway planting requirements listed in UDC 11-
3A-17E and 11-3B-7C; and street buffer landscaping requirements listed in UDC 11-3B-7C.
d. Include tree classification in plant legend.
e. Depict a minimum 5-foot wide detached sidewalk along S. Eagle Road in accord with UDC
11-3A-17C.
f. Provide a minimum 5-foot wide paved or concrete pedestrian pathway to the Taylor property
to the north (Parcel No. R5475470020) within Lot 23, Block 1 along the west side of Lot 22,
Block 1 for future neighborhood interconnectivity.
g. Provide a minimum 15-foot wide common lot with a 5-foot wide sidewalk along the south
side of Lot 29, Block 1 for connection to the sidewalk along S. Eagle Road. Landscaping
shall be provided in accord with the standards listed in UDC 11-3B-12C.
h. Revise the plan to provide a minimum of 10% qualified open space in accord with the
standards listed in UDC 11-3G-3B. The open grassy areas depicted on the plan are required
to be a minimum of 50’ x 100’ in area to be counted as qualified open space.
i. Perimeter fencing shall be 6 feet in height instead of 5 feet.
1.1.5 A private street application shall be submitted to the Planning Division of the Community
Development Department prior to or concurrent with the final plat application.
1.1.6 All private streets within the development shall be designed and constructed in accord with the
standards listed in UDC 11-3F-4.
1.1.7 Submit a detail of the gated entry for the private street with the final plat application.
1.1.8 A cross-access easement shall be granted to Parcel No. S1128336250 for access to the private
streets (Nick Loop & Mikael Lane) via a note on the plat. If a separate access easement is
recorded in addition to the note on the plat, a copy shall be provided to the City with submittal of
the final plat application or with the final plat for the City Engineer’s signature.
1.1.9 The developer shall construct all proposed fencing and/or any fencing required by the UDC,
consistent with the standards as set forth in UDC 11-3A-7 and 11-3A-6B.
EXHIBIT A
- 11 -
1.2 General Conditions of Approval
1.2.1 Comply with all bulk, use, and development standards of the R-8 zoning district listed in UDC
Table 11-2-A-6.
1.2.2 Comply with all provisions of 11-3A-3 with regard to access to streets.
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.
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.
EXHIBIT A
- 12 -
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.
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 The applicant has proposed modifications to the Public Works Department’s 2010 Sanitary Sewer
Master Plan, and as a result an analysis was conducted by the Public Works Department’s
consultants, J-U-B Engineers, Inc., to determine the efficacy of that proposal. A Technical
Memorandum was supplied to the Public Works Department by J-U-B that details six separate
Scenarios for service to the area and routing, and of those six Scenarios, the Public Works
Department has selected a combination of Scenarios 5 and 6. A copy of the J-U-B Technical
Memorandum has been included as Exhibit #6 herein. The applicant shall be required to design
and construct the sanitary sewer systems serving this development accordingly.
2.1.2 Water service to this development is master planned to come from mains that would need to be
constructed from the existing mains in South Eagle Road and E. Amity Road. The applicant shall
be required to connect the internal mains to the existing water main in S. Eagle Road near the
northwest corner of the development.
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.
EXHIBIT A
- 13 -
2.2.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of
way (include all water services and hydrants). The easement widths shall be 20-feet wide for a
single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but
rather dedicated outside the plat process using the City of Meridian’s standard forms. The
easement shall be graphically depicted on the plat for reference purposes. Submit an executed
easement (on the form available from Public Works), a legal description prepared by an Idaho
Licensed Professional Land Surveyor, which must include the area of the easement (marked
EXHIBIT A) and an 81/2” x 11” map with bearings and distances (marked EXHIBIT B) for
review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO
NOT RECORD. Add a note to the plat referencing this document. All easements must be
submitted, reviewed, and approved prior to development plan approval.
2.2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or
well water for the primary source. If a surface or well source is not available, a single -point
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.
EXHIBIT A
- 14 -
2.2.13 It shall be the responsibility of the applicant to ensure that all development features comply with
the Americans with Disabilities Act and the Fair Housing Act.
2.2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting
that may be required by the Army Corps of Engineers.
2.2.15 Developer shall coordinate mailbox locations with the Meridian Post Office.
2.2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H.
2.2.17 Compaction test results shall be submitted to the Meridian Building Department for all building
pads receiving engineered backfill, where footing would sit atop fill material.
2.2.18 The engineer shall be required to certify that the street centerline elevations are set a minimum of
3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom
elevation of the crawl spaces of homes is at least 1-foot above.
2.2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or
drainage facility within this project that do not fall under the jurisdiction of an irrigation district
or ACHD. The design engineer shall provide certification that the facilities have been installed in
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 lighting is required at intersections, corners, cul-de-sacs, and at a spacing that does not
exceed that outlined in the Standards. The contractor’s work and materials shall conform to the
ISPWC and the City of Meridian Supplemental Specifications to the ISPWC.
2.2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount
of 125% of the total construction cost for all incomplete sewer, water and reuse infrastructure
prior to final plat signature. This surety will be verified by a line item cost estimate provided by
the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash
deposit or bond. 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 887-2211.
3. POLICE DEPARTMENT
3.1 The Police Department has no comment on this application.
4. FIRE DEPARTMENT
EXHIBIT A
- 15 -
4.1 All electric gates are required to be 20’ in width and equipped with a Knoxbox key switch as set
forth in International Fire Code Section 503.6 & National Fire Protection Standard 1141, Section
5.3.17.3 and a keypad override.
4.2 This project will be required to provide a 20’ wide swing or rolling emergency access gate as set
forth in International Fire Code Sections 503.5 and 503.6. The gate shall be equipped with a
Knoxbox padlock which has to be ordered thru the Meridian Fire Department. All gates at the
entrance to fire lanes shall be located a minimum of 30 feet from the roadway and shall open away
from the roadway, unless other provisions are made for safe personnel operations as set forth in
National Fire Protection Standard 1141, Section 5.3.17.
4.3 The roadways shall be built to Ada County Highway District cross section standards and have a clear
driving surface. Streets less than 26’ in width shall have no on-street parking; streets less than 32’ in
width shall have parking only on one side. These measurements shall be based on the drivable
surface dimension exclusive of shoulders. The overhead clearance shall be a minimum of 13’ 6”. The
roadway shall be able to accommodate an imposed load of 75,000 GVW as set forth in International
Fire Code Section 503.2.1. and D103.6.1 and D103.6.2.
5. REPUBLIC SERVICES
5.1 Republic Services has no comments on this application.
6. PARK’S DEPARTMENT
6.1 The Park’s Department has no comments on this application.
7. ADA COUNTY HIGHWAY DISTRICT (Draft Comments)
7.1 Site Specific Conditions of Approval
7.1.1 Construct a 5-foot wide detached concrete sidewalk located 41-feet from the centerline of Amity
Road abutting the site, as proposed. Provide a permanent right-of-way easement for the public
sidewalks located outside of the dedicated right-of-way.
7.1.2 Widen the pavement on Amity Road to 17-feet from centerline plus a 3-foot wide gravel
shoulders abutting the site.
7.1.3 Dedicate right-of-way to total 48-feet from the centerline of Eagle Road where is does not
currently exist abutting the site. The right-of-way purchase and sale agreement and deed must be
completed and signed by the applicant prior to scheduling the final plat for signature by the
ACHD Commission or prior to issuance of a building p ermit (or other required permits),
whichever occurs first. Allow up to 30 business days to process the right -of-way dedication after
receipt of all requested material. The District will purchase the right-of-way which is in addition
to existing right-of-way from available Corridor Preservation Funds.
7.1.4 Construct a 5-foot wide detached concrete sidewalk located a minimum of 42-feet from the
centerline of Eagle Road abutting the site. Provide a permanent right-of-way easement for the
public sidewalks located outside of the dedicated right-of-way.
7.1.5 Widen the pavement on Eagle Road to 17-feet from centerline plus a 3-foot wide gravel shoulders
abutting the site.
7.1.6 Construct Martinel Avenue to intersect Amity Road 895-feet east of Eagle Road. Construct the
entry portion of the road with two 14.5-foot wide travel lanes, a 10-foot wide center landscape
island, vertical curb, gutter, and 5-foot wide attached concrete sidewalks within 58-feet of right-
of-way. Provide written Fire Department approval for use of the 14.5-foot wide travel lanes or
redesign the street with 20-foot wide travel lanes on either side of the center landscape island.
EXHIBIT A
- 16 -
7.1.7 Dedicate the center landscape island on Martinel Avenue as right-of-way owned by ACHD. Enter
into a license agreement for any landscaping proposed within the center landscape island.
7.1.8 Construct the remaining portions of Martinel Avenue as a 33-foot street section with rolled curb,
gutter, and 5-foot wide attached concrete sidewalk within 50-feet of right-of-way, as proposed.
Provide written approval for use of the reduced street section from the Meridian Fire Department.
7.1.9 The right-of-way for Martinel Avenue shall extend to the site’s east property line abutting the
Diamond View Assisted Living facility (parcel No. S1128336506).
7.1.10 Construct one stub street to the north, Martinel Avenue. Install a sign at the terminus of the stub
street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE.”
7.1.11 Construct a paved temporary cul-de-sac turnaround with a minimum radius of 45-feet at the
terminus of Martinel Avenue. Grant a temporary turnaround easement to the District for those
portions of the cul-de-sac which extend beyond the dedicated street right-of-way.
7.1.12 Construct 1 gated private road, Mikael Lane, to intersect Martinel Avenue, located approximately
190-feet north of Amity Road. Located the gate a minimum of 50-feet from the edge of the right-
of-way of Martinel Avenue. Pave the private road its full width at least 30 -feet into the site
beyond the edge of Martinel Avenue.
7.1.13 Other than access specifically approved as part of this application direct lot access is prohibited to
Amity and Eagle Roads and shall be noted on the final plat.
7.1.14 Payment of impacts fees are due prior to issuance of a building permit.
7.1.15 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 at no cost to ACHD shall repair existing utilities damaged by the applicant. The
applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business days
prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic
Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during
any phase of construction.
EXHIBIT A
- 17 -
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
- 18 -
C. Legal Description & Exhibit Map for Annexation Boundary
EXHIBIT A
- 19 -
EXHIBIT A
- 20 -
EXHIBIT A
- 21 -
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 property with an R-8 zoning district and
develop 10.37 acres of the site with 31 single-family residential lots at a gross density of 2.99
dwelling units per acre with the a “step” down in density from MDR to LDR. Therefore, tThe
City Council finds that the proposed map amendment does not compliesy with the provisions
of the Comprehensive Plan and should be is not compatible with adjacent rural residential
and agricultural uses (see section VII above for more information) and finds an R-4 zoning
district and subsequent development is more compatible.
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 R-4 zoning district is
consistent with the purpose statement for the residential districts as detailed in Section VIII
above.
c. The map amendment shall not be materially detrimental to the public health, safety,
and welfare;
The City Council finds that the proposed zoning map amendment to R-4 will not be
detrimental to the public health, safety, or welfare. City utilities will be extended at the
expense of the applicant.
d. The map amendment shall not result in an adverse impact upon the delivery of s ervices
by any political subdivision providing public services within the City including, but not
limited to, school districts; and,
The City Council finds that the proposed zoning amendment will not result in any adverse
impact upon the delivery of services by any political subdivision providing services to this
site.
e. The annexation is in the best of interest of the City (UDC 11-5B-3.E).
The City Council finds annexing this property with an R-8 R-4 zoning district is in the best
interest of the City.
2. Preliminary Plat Findings:
In consideration of a preliminary plat, combined preliminary and final plat, or short
plat, the decision-making body shall make the following findings:
a. The plat is in conformance with the Comprehensive Plan;
The City Council finds that the proposed plat is in substantial compliance with the
adopted Comprehensive Plan in regard to land use, transportation, and circulation. Please
see Comprehensive Plan Policies and Goals, Section VII, of the Staff Report for more
information.
EXHIBIT A
- 22 -
b. Public services are available or can be made available and are adequate to
accommodate the proposed development;
The City Council finds that public services will be provided to the subject property upon
development. (See Exhibit B of the Staff Report for more details from public service
providers.)
c. The plat is in conformance with scheduled public improvements in accord with the
City’s capital improvement program;
Because City water and sewer and any other utilities will be provided by the development
at their own cost, the City Council finds that the subdivision will not require the
expenditure of capital improvement funds.
d. There is public financial capability of supporting services for the proposed
development;
The City Council finds there is public financial capability of supporting services for the
proposed development based on comments from the public service providers (i.e., Police,
Fire, ACHD, etc.) (See Exhibit B for more detail).
e. The development will not be detrimental to the public health, safety or general
welfare; and
The City Council is not aware of any health, safety, or environmental problems
associated with the platting of this property. ACHD considers road safety issues in their
analysis.