Brinegar Prairie H-2015-0046ADA COUNTY RECORDER Christopher D. Rich 2016.037778
BOISE IDAHO Pgs=36 BONNIE 05/04/2016 10:33 AM
NO FEE
MERIDIAN CITY
11111111111111IIIit11lillII11111l111III1 IIl 111III
00221298201600377780360368
DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. Heartland Townhomes Property Management, LLC, Owner/Developer
4,�, THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into
this 3 _ day of A q 2016, by and between City of Meridian, a municipal
corporation of the State of Idaho, hereafter called CITY whose address is 33 E. Broadway Avenue,
Meridian, Idaho and Heartland Townhomes Property Management, LLC, whose address is 2358
S. Titanium Place, Meridian, Idaho 83646, hereinafter called O"ER/DEVELOPER.
RECITALS:
1.1 WHEREAS, Owner/Developer is the sole owner, in law and/or equity, of
certain tract of land in the County of Ada, State of Idaho, described in Exhibit
"A", which is attached hereto and by this reference incorporated herein as if
set forth in full, herein after referred to as the Property,; and
1.2 WHEREAS, Idaho Code § 67-6511A provides that cities may, by ordinance,
require or permit as a condition of zoning that the Owner/Developer make a
written commitment concerning the use or development of the subject
Property; and
1.3 WHEREAS, City has exercised its statutory authority by the enactment of
Section 11-513-3 of the Unified Development Code ("UDC"), which
authorizes development agreements upon the annexation and/or re -zoning of
land; and
1.4 WHEREAS, Owner/Developer has submitted an application for the
Annexation and Zoning of 23.46 acres of land with a R-8 (Medium Density
Residential) zoning districts (as described in Exhibit "A"), under the Unified
Development Code; and
1.5 WHEREAS, Owner/Developer represented at the public hearings both
before the Meridian Planning & Zoning Commission and before the Meridian
City Council, that it had not determined how the Property will be developed
and what improvements will be made except as generally described herein;
and
1.6 WHEREAS, the record of the proceedings for the requested annexation,
comprehensive plan future` land use map amendment and rezoning of the
Property held before the Planning & Zoning Commission, and subsequently
DEVELOPMENT AGREEMENT—BRINEGAR PRAIRIE H-2015-0046 PAGE 1 OF 8
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 12'h day of April, 2016, the Meridian City Council
approved certain Findings of Fact and Conclusions of Law and Decision and
Order ("Findings"), which have been incorporated into this Agreement and
attached as Exhibit "B' and
1.8 WHEREAS, the Findings require the Owner/Developer to enter into a
Development Agreement before the City Council takes final action on
annexation and rezoning; and
1.9 WHEREAS, Owner/Developer deems it to be in its best interest to be able to
enter into this Agreement and acknowledges that this Agreement was entered
into voluntarily and at its urging and request; and
1.10 WHEREAS, City requires the Owner/Developer to enter into a development
agreement for the purpose of ensuring that the Property is developed and the
subsequent use of the Property is in accordance with the terms and conditions
of this Agreement, herein being established as a result of evidence received
by the City in the proceedings for zoning designation from government
subdivisions providing services within the planning jurisdiction and from
affected property owners and to ensure zoning designation are in accordance
with the amended Comprehensive Plan of the City of Meridian on April 19,
2011, Resolution No. 11-784, and the UDC, Title 11.
NOW, THEREFORE, in consideration of the covenants and conditions set forth
herein, the parties agree as follows:
2. INCORPORATION OF RECITALS: That the above recitals are contractual and
binding and are incorporated herein as if set forth in full.
3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and
phrases herein contained in this section shall be defined and interpreted as herein provided for,
unless the clear context of the presentation of the same requires otherwise:
3.1 CITY: means and refers to the City of Meridian, a party to this Agreement,
which is a municipal Corporation and government subdivision of the state of
Idaho, organized and existing by virtue of law of the State of Idaho, whose
address is 33 East Broadway Avenue, Meridian, Idaho 83642.
3.2 OWNER/DEVELOPER: means and refers to Heartland Townhomes
Property Management, LLC, whose address is 2358 South Titanium Place,
Meridian, Idaho 83646, the owner of said Property and shall include any
subsequent owner/developer(s) of the Property.
DEVELOPMENT AGREEMENT-BRINEGAR PRAIRIE H-2015-0046 PAGE 2 OF 8
3.3 PROPERTY: means and refers to that certain parcel(s) of Property located
in the County of Ada, City of Meridian as described in Exhibit "A" and
attached hereto and by this reference incorporated herein as if set forth at
length.
4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the
right to develop the Property in accordance with the terms and conditions of this Agreement.
4.1 The uses allowed pursuant to this Agreement are only those uses allowed
under the UDC.
4.2 No change in the uses specified in this Agreement shall be allowed without
modification of this Agreement.
CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY:
5.1. Owner/Developer shall develop the Property in accordance with the following
special conditions:
a. Future development of this site shall be generally consistent with the preliminary plat,
landscape plan and three (3) amenities and conceptual building elevations submitted with
this application included in Exhibit A of the Findings of Fact and Conclusions of Law
and attached Staff Report, attached hereto as Exhibit `B".
b. Because several of the lots front on arterial or collector streets, all of these homes
shall receive planning division approval prior to issuance of any building permit.
These lots include Lots 2-6, 8-17 and 19-20, Bock 1; Lots 2-4 and 5-9, and 20, Block
2. Direct access to N. Ten Mile Road is prohibited.
c. The site shall develop with a minimum of 10 percent open space (2.3 acres) to include
the following amenities: play structure, micropaths and a community park as
proposed.
6. COMPLIANCE PERIOD This Agreement must be fully executed within six (6)
months after the date of the Findings for the annexation and zoning or it is null and void.
7. DEFAULT/CONSENT TO DE -ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
7.1 Acts of Default. Either party's failure to faithfully comply with all of the
terms and conditions included in this Agreement shall constitute default
under this Agreement.
7.2 Notice and Cure Period. In the event of Owner/Developer's default of this
Agreement, Owner/Developer shall have thirty (30) days from receipt of
written notice from City to initiate commencement of action to correct the
breach and cure the default, which action must be prosecuted with diligence
and completed within one hundred eighty (180) days; provided, however; that
in the case of any such default that cannot with diligence be cured within
such one hundred eighty (180) day period, then the time allowed to cure such
DEVELOPMENT AGREEMENT -BRINEGAR PRAIRIE H-2015-0046 PAGE 3 OF 8
failure may be extended for such period as may be necessary to complete the
curing of the same with diligence and continuity.
7.3 Remedies. In the event of default by Owner/Developer that is not cured after
notice as described in Section 7.2, Owner/Developer shall be deemed to have
consented to modification of this Agreement and de -annexation and reversal
of the zoning designations described herein, solely against the offending
portion of Property and upon City's compliance with all applicable laws,
ordinances and rules, including any applicable provisions of Idaho Code §§
67-6509 and 67-6511. Owner/Developer reserves all rights to contest
whether a default has occurred. This Agreement shall be enforceable in the
Fourth Judicial District Court in Ada County by either City or
Owner/Developer, or by any successor or successors in title or by the assigns
of the parties hereto. Enforcement may be sought by an appropriate action at
law or in equity to secure the specific performance of the covenants,
agreements, conditions, and obligations contained herein.
7.4 Delay. In the event the performance of any covenant to be performed
hereunder by either Owner/Developer or City is delayed for causes that are
beyond the reasonable control of the party responsible for such performance,
which shall include, without limitation, acts of civil disobedience, strikes or
similar causes, the time for such performance shall be extended by the
amount of time of such delay.
7.5 Waiver. A waiver by City of any default by Owner/Developer of any one or
more of the covenants or conditions hereof shall apply solely to the default
and defaults waived and shall neither bar any other rights or remedies of City
nor apply to any subsequent default of any such or other covenants and
conditions.
8. INSPECTION: Owner/Developer shall, immediately upon completion of any
portion or the entirety of said development of the Property as required by this Agreement or by City
ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written
approval of such completed improvements or portion thereof in accordance with the terms and
conditions of this Agreement and all other ordinances of the City that apply to said Property.
9. REQUIREMENT FOR RECORDATION: City shall record this Agreement,
including all of the Exhibits, and submit proof of such recording to Owner/Developer, prior to the
third reading of the Meridian Zoning Ordinance in connection with the re -zoning of the Property by
the City Council. If for any reason after such recordation, the City Council fails to adopt the
ordinance in connection with the annexation and zoning of the Property contemplated hereby, the
City shall execute and record an appropriate instrument of release of this Agreement.
10. ZONING: City shall, following recordation of the duly approved Agreement, enact a
valid and binding ordinance zoning the Property as specified herein.
DEVELOPMENT AGREEMENT-BRINEGAR PRAIRIE H-2015-0046 PAGE 4 OF 8
Il. SURETY OF PERFORMANCE: The City may also require surety bonds,
irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under the
UDC, to insure the installation of required improvements, which the Owner/Developer agrees to
provide, if required by the City.
12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued
in any phase in which the improvements have not been installed, completed, and accepted by the
City, or sufficient surety of performance is provided by Owner/Developer to the City in accordance
with Paragraph 11 above.
13. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agrees to abide by
all ordinances of the City of Meridian unless otherwise provided by this Agreement.
14. NOTICES: Any notice desired by the parties and/or required by this Agreement
shall be deemed delivered if and when personally delivered or three (3) days after deposit in the
United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed
as follows:
CITY:
City Clerk
City of Meridian
33 E. Broadway Ave.
Meridian, Idaho 83642
OWNER/DEVELOPER:
Heartland Townhomes Property Management, LLC
2358 South Titanium Place
Meridian, Idaho 83646
with copy to:
City Attorney
City of Meridian
33 E. Broadway Avenue
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,
DEVELOPMENT AGREEMENT-BRINEGARPRAIRIE H-2015-0046 PAGE 5 OF 8
including City's corporate authorities and their successors in office. This Agreement shall be
binding on the Owner/Developer, each subsequent owner and any other person acquiring an interest
in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or
portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any
successor owner or owners shall be both benefited and bound by the conditions and restrictions
herein expressed. City agrees, upon written request of Owner/Developer, to execute appropriate and
recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion,
had determined that Owner/Developer has fully performed its obligations under this Agreement.
18. INVALID PROVISION: If any provision of this Agreement is held not valid by a
court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement
and the invalidity thereof shall not affect any of the other provisions contained herein.
19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided, each party
shall act reasonably in giving any consent, approval, or taking any other action under this Agreement.
20. COOPERATION OF THE PARTIES: In the event of any legal or equitable action
or other proceeding instituted by any third party (including a governmental entity or official)
challenging the validity of any provision in this Agreement, the parties agree to cooperate in
defending such action or proceeding.
21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements,
agreements, condition and understandings between Owner/Developer and City relative to the subject
matter hereof, and there are no promises, agreements, conditions or understanding, either oral or
written, express or implied, between Owner/Developer and City, other than as are stated herein.
Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to
this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them
or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted
ordinance or resolution of City.
21.1 No condition governing the uses and/or conditions governing re -zoning of the subject
Property herein provided for can be modified or amended without the approval of the
City Council after the City has conducted public hearing(s) in accordance with the
notice provisions provided for a zoning designation and/or amendment in force at the
time of the proposed amendment.
22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the
date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in
connection with the annexation and zoning of the Property and execution of the Mayor and City
Clerk.
[end of text; signatures, acknowledgements, and Exhibits A and B follow]
DEVELOPMENT AGREEMENT - BRINEGAR PRAIRIE H-2015-0046 PAGE 6 OF 8
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement and made
it effective as hereinabove provided.
;nt, LLC
CITY OF MERIDIAN
Go�QORATEDA&CGiS Mayor a y de Weerd
ATTEST:
Of o
w
E jD1AN
Jacy Jones, I y e `��SEAL
0j
DEVELOPMENT AGREEMENT -BRINEGAR PRAIRIE H-2015-0046 PAGE 7 OF 8
STATE OF IDAHO )
ss:
County of Ada, )
On this '7/w day of kr i L , 2016, before me, the undersigned, a Notary Public in and
for said State, personally appeared -'o kn A Lc mb Sr , known or identified to me
to be the iVlCk A 4 U of Heartland Townhomes Property Management, LLC, and
acknowledged to me that he executed the same on behalf of said company.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year in this certificate first above written.
(SEAL •.•••'"n
oP.•�
r %OT�4*
AVB L1G
9pE OF ID
STATE OF IDAHO )
ss
County of Ada )
Notary Public for Idaho
Residing at: '('(c p eq 3: 1>
My Commission Expires: I& 6i
On this 3pd day of QAC , 2016, before me, a Notary Public,
personally appeared Tammy de Weerd and Jacy Jones, 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.
••,..mass..
.•'� AR'L:�'.�r'•.
(SEAL): G `SOT
:• ,�,�. LIC
•mama..
op"M oat�-'
Notary Public for Idaho
Residing at: pjW&LyQ ,
Commission expires: 15- a Y -490Iota
DEVELOPMENT AGREEMENT —BRINEGARPRAIRIE H-2015-0046 PAGE 8 OF 8
Project No. 15-256
Exhibit A
ANNEXATION DESCRIPTION FOR
BRINE GAR PRAIRIE SUBDIVISION
January 7, 2016
A parcel of land located in the SW 114 of Section 2, T.3N., RAW., S.M., meridian, Ada
County, Idaho more particularly described as follows:
Commencing at the SW corner of said Section 2, from which the W114 corner of said
Section 2 bears North 00°18'48" East, 2642.98 feet;
thence along the West boundary line of said Section 2 North 00"18'48" East, 1322.54
feat to the REAL POINT OF BEGINNING;
thence continuing along said West boundary North 00°18'48" East, 769.17 feet to SW
comer of Kentfield Manor Subdivision as filed in Book 68 of Plats at Pages 6913 and 6914,
records of Ada County, Idaho;
thence along said South boundary line South 89605'53° East, 1,325.68 feet to a point
on the West boundary line of Devlin Place Subdivision as filed in Hook 77 of Plats at Pages
8078 and 8079, records of Ada County, Idaho;
thence along said West boundary line South 00617'24" West, 772.63 feet to the NE
comer of Sunburst Subdivision No. 4 as filed in Book 62 of Plats at Pages 6217 and 6218,
records of Ada County, Idaho;
thence along the North boundary line of said Sunburst Subdivision No, 4 North
88°56'55" West, 1,326.03 feet to the REAL, POINT OF BEGINNING, Containing 23.46 acres,
more or less,
7729
,►�q I Og'it,
f3MG. CI
H-2015-0046 — Brinegar Prairie Subdivision PAGE 23
Exhibit A
S.3 S.2
i/4
KENTFIELO MANOR SUBDIVISION
BLOCK 2
tV Q
Q _ 4J f0 11 12 13 t; ly �2
LO
W. CHATEAU DR.
f � I
a
I t�
I�
Z O
f
Lj
IZ
�
n
I
U1 co
r-
0 O
z
I "?
IN
S.3 S.2
S.10 S.11
I
I
z
1
nI
th
BRINEGAR PRAIRIE SUBDIVISIONca
W-ROuSUM 4,10AHORYA2
23,46 ACRES �f
o
GROUP, P.C.
I
0,
ut
of
a
z
w
1
0
I
1
_ N88'56'55"W 1326,03'
REAL POINT (BLOCK S 1
OF BEGINNING SUNBURST SUBDIVISION NO. 4 i
r
r
JL
25 100 400
0 .51'l 266 600
SCALE: 1 " 200'
IDAHO�)
1450 E,WATERMAERST.
SURVEY
W-ROuSUM 4,10AHORYA2
13061 SiQ-fl57�]
GROUP, P.C.
ANNEXATION EXHIBIT DRAWING FOR
BRINEGAR PRAIRIE SUBDIVISION
WAVE) IN
RAW.. R.{.1.,
16-256
1
H-2015-0046 — Brinegar Prairie Subdivision PAGE 23
xK\v, �
CITY OF MERIDIAN
wl
�--
FINDINGS OF FACT, CONCLUSIONS OF LAW ) —
AND 1�
DECISION & ORDER
In the Matter of the Request for Annexation and Zoning of 23.46 Acres of Land with an R-8 Zoning
District; and Preliminary Plat Consisting of ninety-three (93) single-family residential building lots and
fourteen (14) common lots on 22.6 acres of land for Brinegar Prairie Subdivision located at 2220 N. Ten
Mile Road on the east side of N. Ten Mile Road, north of W. Cherry Lane, by Brinegar Investments,
LLC,
Case No(s), H-2015-0046
For the City Council Hearing Date of. March 15 and March 29, 2016 (Findings on April 12, 2016)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of March 15, 2016, incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of March 15, 2016, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of March 15, 2016,
incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of March 15, 2016, 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 (LC. §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
CASENO(S). H-2015-0046
-1-
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 Cleric upon the applicant, the Planning Department, 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 March 15, 2016, 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-8 zoning district
with the requirement of a Development Agreement with the provisions noted in the Staff
Report for the hearing date of March 15, 2016, attached as Exhibit A.
2. The applicant's request for a preliminary plat is hereby approved based on the findings in the
Staff Report for the hearing date of March 15, 2016, 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 11 -5B -3D).
A modification to the development agreement may be initiated prior to signature of the
agreement by all parties and/or may be requested to extend the time allowed for the agreement
to be signed and returned to the City if filed prior to the end of the two (2) year approval period
(UDC 11-513-317).
E. Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development
application entitles the Owner to request a regulatory taking analysis. Such request must be in
writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the
final decision concerning the matter at issue. A request for a regulatory takings analysis will
toll the time period within which a Petition for Judicial Review may be filed.
2. Please take notice that this is a final action of the governing body of the City of Meridian.
When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person
who has an interest in real property which may be adversely affected by the final action of the
governing board may within twenty-eight (28) days after the date of this decision and order
seek a judicial review as provided by Chapter 52, Title 67, Idaho Code.
F. Attached: Staff Report for the hearing date of March 15, 2016
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). H-2015-0046
-2-
By action of the City Council at its regular meeting held on the
2016.
COUNCIL PRESIDENT KEITH BIRD
COUNCIL VICE PRESIDENT JOE BORTON
COUNCIL MEMBER ANNE LITTLE ROBERTS
COUNCIL MEMBER TY PALMER
COUNCIL MEMBER LUKE CAVENER
COUNCIL MEMBER GENESIS MILAM
MAYOR TAMMY de WEERD
(TIE BREAKER)
Mayor
SGo��pl;c ab q U�G�h j
Attest: �7
-� p coy of
IDTAM,
i IDAHO
Jack Joti,eS �F�r SEAL
City Clerk 1ke TREX 8uPw��
c� day of
VOTED� eS
VOTED eS
VOTED--�
VOTED A 1�S
VOTED eS
VOTED_ 1 e-5
VOTED
Copy served upon Applicant, The Planning Division, Public Works Department and City Attorney.
By: M a0hA_ U"V
Dated:
City Clerk's Office
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). H-2015-0046
-3-
STAFF REPORT
Hearing Date:
TO:
FROM:
SUBJECT:
Exhibit A
March 29, 2016
(Continued from: March 15, 2016)
Mayor and Council
Josh Beach, Associate City Planner
208-884-5533
H-2015-0046 — Brinegar Prairie Subdivision
I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Trilogy Development, LLC, has submitted an application for annexation and zoning
(AZ) of 23.46 acres of land with an R-8 zoning district. A preliminary plat (PP) is also proposed
consisting of 96 single-family residential building lots and 12 common lots on 22.6 acres of land for
Brinegar Prairie Subdivision. See Section IX of the staff report for more information.
II. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed AZ and PP applications in accord with the conditions of
approval in Exhibit B and the Findings of Fact and Conclusions of Law in Exhibit D.
The Meridian Planning & Zoning Commission heard these items on February 18t", 2016. At the
public hearing, the Commission moved to recommend approval of the subiect annexation and
zoning and preliminary plat requests.
a. l
Summary 1Commission _ II_ a
favor:h In Dayg Baft
In opposition: ► (1•
RL Commenting: Jeff a1 Claire Chapple,
Witt. Dari
Mike Miller, Dave Loshb-amg14
jy- Written testimony;Shawn i_ . _1 . 1_ (Applicant's r. 1
y, Staff presenting applicati-on: Josh BeacI4
A Other staff commenting on
plicatin: Bill Parsons, Ted Baird
bK"_ 1_ ' 11.11 —
L Traffic IL W. Chateau Drive
I Location of the bus stop -an Ten Mile Roaad
RL The 1 1 1 of 1 ' propDsed N. _ . • _1. 1 L Ave.in relation to N. Ten 1. 1[. Road
jy� Appropriateness of R-8 zan=
y� Safety 1- .kids walking ! 11 .1 W. Chateau-Driye
Key Issues of Discussion J 1 11. JJ . 1 _1_
11 Chateau,
Location 1_ bus stop an N. Ten Mile R!
Location 1 N. _. a 1 I J_ Ave. in 1 L to\ 1- M ' :. l a 1,
I Commission Change(s) to Staff Recommkudatiml,
i. The Commission! - 1 applicant 1 submit a revised preliminary 11. I_I . .l'
1' change to the location 1, the street connection 1 W. Chateau -Ay -e.
attached_e� Outstanding-Issue(s) for City Council.
L See memo for revised site 1 aa.
H-2015-0046 — Brinegar Prairie Subdivision PAGE 1
Exhibit A
The Meridian City Council heard this item on March 15 and March 29, 2016. At the public
hearings, the Council moved to approve the AZ and PP request.
a. Summary of City Council Public Hearing:
L In favor: Jane Suggs
ii. In opposition: Randy Witt, Margaret Enking, Patrick Cunningham, John Behrend,
Dennis Wickstrom, Pam Wickstrom, Monica Tetrault, Deborah Hoberg, Michael
Matson, Glenn Bentley, Claire Chapple, Peggy Gardner, David Fulerson,
iii. Commenting: Joe Bongiorno, Blaine Tewell, Justin Lucas,
iv. Written testimony: None
v. Staff presenting application: Josh Beach
vi. Other staff commenting on application: None
b. Key Issues of Discussion by Council:
i. The Council continued the hearing untikl March 291h to give the applicant sufficient
time to change the lots on the southern boder of the plat to 8,000 square foot or above,
and to have suffucuent time for staff to review those changes.
ii. Overall density of the subdivision
iii. Appropriateness of the R-8 zoning in this area
iv. Location of the street connection to N. Swainson
v. Small average Lot size
vi. Traffic on Chateau
vii. Opportunities for traffic calming on Chateau
viii. Potential lowering of surrounding property values
ix. Potential for these properties to become rental properties
x. Safety of kids at the bus stop
A. Parents lined up on Chateau waiting for the kids to get on/off the bus.
xii. Net density of the surrounding subdivisions and the
c. Key Council Changes to Staff/Commission Recommendation
i. Adding a condition to the development agreement that requires the applicant to
coordinate with ACHD on ways to calm traffic on the section of Chateu Drive adjacent
to Brinegar Prairie Subdivision. (See condition 1.1.6)
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to recommend approval to the City
Council of File Numbers H-2015-0046, as presented in the staff report for the hearing date of
February 18, 2016, with the following modifications: (Add any proposed modifications).
Denial
After considering all staff, applicant and public testimony, I move to recommend denial to the City
Council of File Numbers H-2015-0046, as presented during the hearing on February 18, 2016, for the
following reasons: (You should state specific reasons for denial)
Continuance
I move to continue File Numbers H-2015-0046 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:
H-2015-0046 — Brinegar Prairie Subdivision PAGE 2
Exhibit A
The site is located at 2220 N. Ten Mile Road on the east side of N. Ten Mile Road, north of W.
Cherry Lane, in the SW '/4 of Section 02, Township 3N., Range 1 W.
B. Owner/Applicant(s):
Brinegar Investments, LLC
1925 N Locust Grove
Meridian, Idaho 83646
C. Agent:
Suggs Community Solutions
200 Louisa Street
Boise, ID 83712
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: January 18 and February 1, 2016; February 22, and
March 7, 2016 (Council)
C. Radius notices mailed to properties within 300 feet on: January 14, 2016; February 22, 2016
(Council)
D. Applicant posted notice on site(s) on: February 3, 2016; March 4, 2016 (Council)
VI. LAND USE
A. Existing Land Use(s) and Zoning: This site consists of rural residential property, zoned RUT in
Ada County.
B. Character of Surrounding Area and Adjacent Land Use and Zoning:
1. North: Single-family residential properties in Kentfield Manor Subdivision, zoned R-4
2. East: Single-family residential properties in Cherry Lane Village Subdivision, zoned R-4
3. South: Single-family residential properties in Sunburst Subdivision, zoned R-4
4. West: Single-family residential properties in Devlin Place Subdivision, zoned R-4
C. History of Previous Actions: None
D. Utilities:
1. Location of sewer: Sanitary sewer mains intended to provide service to the subject property
currently exists in W. Chateau Drive at the intersections of N. Swainson Avenue and N.
Morello Avenue.
2. Location of water: Water mains intended to provide service to the subject property currently
exists in N. Ten Mile Road and W. Chateau Drive.
3. Issues or concerns: None
E. Physical Features:
1. Canals/Ditches Irrigation: The Rutledge Lateral runs across this site and will be tiled as part
of the development. The existing irrigation easement bisecting the property is to be
relinquished and replaced with a new easement as depicted on the submitted plans.
H-2015-0046 — Brinegar Prairie Subdivision PAGE 3
Exhibit A
2. Hazards: Staff is unaware of any known hazards on the property
Flood Plain: This site does not lie within the Meridian Floodplain Overlay District.
VII. COMPREHENSIVE PLAN POLICIES AND GOALS
The Comprehensive Plan Future Land Use Map (FLUM) designates this site as Medium Density
Residential (MDR). MDR designated areas allow smaller lots for residential purposes within City
limits. Uses may include single-family homes at gross densities of 3 to 8 dwelling units per acre
(d.u./acre).
The applicant proposes to annex the subject property with an R-8 zoning district and develop 96
single-family residential detached homes on the site. The gross density is 4.25 dwelling units (d.u.)
per acre with a net density of 6.76. The submitted preliminary plat falls within the density range
anticipated by the comprehensive plan.
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 residential development should contribute to the variety of
residential uses that exist in this area.
"Require common area in all subdivisions." (3.07.02F)
The proposed plat depicts a total of 2.3 acres (or 10%) of qualified open space%ommon area
to be provided on the site in accord with UDC 11-3G-3.
"Require usable open space to be incorporated into new residential subdivision plats."
(3.07.02A)
The applicant is providing a play structure, a community park and a micropath as part of the
development.
"Review new development for appropriate opportunities to connect local roads and collectors
to adjacent properties (stub streets)."(3.03.020)
The proposed plat is required to construct the southern half of W Chateau Drive as part of
the development.
"Require new residential development to meet development standards regarding landscaping,
signage, fences and walls, etc." (3.05.02C)
The proposed development will be required to meet the 10% open space requirement as set
forth in UDC 11-3G-3, and the fencing requirements setforth in UDC 11-3A-7.
"Require new residential development to provide permanent perimeter fencing, and fencing
to contain construction debris on site and prevent windblown debris from entering adjacent
agricultural and other properties." (3.05.03G)
The proposed subdivision will be required to install temporary construction fencing during
construction and will be required to submit a fencing plan for the perimeter of the
development prior to signature on the final plat.
"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)
H-2015-0046 — Brinegar Prairie Subdivision PAGE 4
Exhibit A
The proposed development will provide pedestrian connection to the attached sidewalk along
N. Ten Mile Road that will be required to be constructed as part of this development. A five
(5) foot detached sidewalk is also proposed to be constructed on the south side of W. Chateau
Drive as part of the proposed development.
"Permit new development only where urban services can be reasonably provided at the time
of final approval and development is contiguous to the City." (3.01.0117)
City services will be extended with the development of the site in accord with UDC 11-3A-21.
VIII. UNIFIED DEVELOPMENT CODE (UDC)
A. Purpose Statement of Zone: Per UDC 11-2A-1, the purpose of the residential districts is to
provide for a range of housing opportunities consistent with the Meridian comprehensive plan.
Residential districts are distinguished by the allowable density of dwelling units per acre and
corresponding housing types that can be accommodated within the density range. The 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 1 l -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. The proposed use of the property for
single-family detached dwellings is a principal permitted use in the R-8 zoning district.
C. Dimensional Standards: Development of the site should be consistent with the dimensional
standards listed in UDC Table 11-2A-6 for the R-8 zoning district.
D. Common Open Space and Site Amenities: Open space and site amenities for the development
shall be installed in accordance with the standards listed in UDC 11-3G-3.
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 23.46 acres of land with an R-8 zoning
district. As discussed above in Section VII, the proposed zoning is consistent with the
corresponding FLUM designation of MDR.
The applicant proposes to develop 96 single-family homes on the site as shown on the
preliminary plat in Exhibit A.2.
The legal description submitted with the application, included in Exhibit C, shows the boundaries
of the property proposed to be annexed and zoned. 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 be required as a provision of annexation with the provisions
included in Exhibit B. Staff's recommended development agreement provisions are outlined in
Exhibit B of the staff report.
2. Preliminary Plat
The proposed plat consists of 96 single-family residential building lots and 12 common area lots
H-2015-0046 — Brinegar Prairie Subdivision PAGE 5
Exhibit A
on 22.6 acres of land in a proposed R-8 zoning district. The average lot size in the proposed
development is 6,536 square feet. The proposed gross density of the subdivision is 4.25 dwelling
units per acre which is consistent with both the density requirements of the comprehensive plan
and the proposed R-8 zoning district.
Dimensional Standards: Staff has reviewed the proposed plat for compliance with the
dimensional standards listed in UDC Table 11-2A-6 for the R-8 district and found the plat in
compliance with those standards. The minimum lot size for a single-family detached dwelling is
5,000 square feet with 50 feet of frontage. The plat as submitted complies with the dimensional
standards of the UDC.
Block Length: The proposed plat complies with the maximum block length standards listed in
UDC 11 -6C -3F.
Existing Structure(s): There is an existing home and associated outbuildings on the site that will
be removed as part of this development.
Access: Access to this site is proposed on the plat via two pubic streets that will line up with N.
Swanson Avenue and N. Morello Avenue. Direct access to N. Ten Mile Road is prohibited.
Sidewalks: UDC 11-3A-17 requires detached sidewalk to be provided along all arterial and
collector streets, however, due to the fact that ACHD as part of recently constructed an attached
sidewalk along N. Ten Mile Road that runs the length of this property, staff is in support of
leaving the attached sidewalk as is.
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.
Fencing: The applicant shall provide 6 -foot tall privacy fencing along the border of the
subdivision, except where fencing has been provided with an adjacent subdivision.
For the internal common lots the applicant is proposing to construct 4 -foot tall vinyl fencing
consistent with the fencing standards set forth in UDC 11-3A-7.The developer shall install the
fencing to distinguish the common from private areas in accord with UDC 11-3A-A.7.Temporary
fencing shall be installed during construction.
Tree Mitigation: The landscape plan depicts several existing trees on the site that are proposed
to be removed. The applicant should contact Elroy Huff, City Arborist, at 888-3579 to schedule
an appointment to confirm mitigation requirements prior to removal of any trees on the site. The
landscape plan submitted with the final plat should include the details of the mitigation plan.
Open Space & Site Amenities: Based on the area of the preliminary plat (22.6 acres), a
minimum 2.3 acres (or 10%) of open space is required to be provided on the site per UDC 11 -3G -
3A in accord with the standards listed in UDC 11 -3G -3B. The applicant has proposed 10% open
space (2.3 acres) in accord with the UDC.
Drainage Ponds: There are three proposed drainage ponds as part of the development. The
applicant shall provide details of these ponds at the time of final plat submittal.
Amenities for the development include the following:
1) a play structure,
2) a community park and
3) a micropath through the open space, as well as a connection to the attached sidewalk along N.
Ten Mile Road.
H-2015-0046 — Brinegar Prairie Subdivision PAGE 6
Exhibit A
Waterways: The Rutledge Lateral runs across this site and will be tiled as part of the
development. The existing irrigation easement bisecting the property is to be relinquished and
replaced with a new easement as depicted on the submitted plans. No structures other than fences
may be built within this easement without approval from the easement holder. A license
agreement should be obtained from Nampa Meridian Irrigation District (NMID) for the lots that
encroach within the easement area.
Building Elevations: The applicant has submitted conceptual building elevations for the future
homes in this development, included in Exhibit A.4. Building materials are proposed to consist of
board and batten, stone accents, covered front porches, etc. Staff is in favor of the proposed
elevations with their associated architectural features.
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 D.
0 " i '13111F.`!
A. Drawings/Other
1. Vicinity/Zoning Map
2, Proposed Preliminary Plat (dated: 12/23/15)
3. Proposed Landscape Plan (dated: 01/01/16)
4. Conceptual Building Elevations
B. Agency & Department Comments/Conditions
C. Legal Description & Exhibit Map for Annexation Boundary
D. Required Findings from Unified Development Code
H-2015-0046 — Brinegar Prairie Subdivision PAGE 7
Exhibit A
H-2015-0046 – Brinegar Prairie Subdivision PAGE 8
A. Drawings
1. Vicinity Map
Exhibit A
H-2015-0046 – Brinegar Prairie Subdivision PAGE 23
2. Proposed Preliminary Plat (dated: 12/23/2015)
Exhibit A
H-2015-0046 – Brinegar Prairie Subdivision PAGE 23
3. Proposed Landscape Plan (dated: 01/01/2016)
Exhibit A
H-2015-0046 – Brinegar Prairie Subdivision PAGE 23
4. Conceptual Building Elevations
Exhibit A
B. AGENCY & DEPARTMENT COMMENTS/CONDITIONS
1. PLANNING DIVISION
1.1 Site Specific Conditions of Approval
1.1.1 A Development Agreement (DA) is required as a provision of annexation of this property. Prior
to the annexation ordinance approval, a DA shall be entered into between the City of Meridian,
the property owner(s) at the time of annexation ordinance adoption, and the developer.
The DA shall be signed by the property owner and returned to the City within two (2) years of the
City Council granting annexation. Currently, a fee of $303.00 shall be paid by the applicant to the
Planning Division prior to commencement of the DA. The DA shall, at minimum, incorporate the
following provisions:
a. Future development of this site shall be generally consistent with the preliminary plat,
landscape plan and three (3) amenities and conceptual building elevations submitted with this
application included in Exhibit A.
b: Because several of the lots front on arterial or collector streets, all of these homes shall
receive Cee-tifleate of Zonine r,,.,.plia,,,., and Design .. • planning division
approvals prior to issuance of any building permit. These lots include Lots 2-6, 8-17 and
19-20, Bock 1; Lots 2-4 and 5-9, and 20, Block 2. Tots 3 15Bloe , , . Tots
Bloek-2:
c. Direct access to N. Ten Mile Road is prohibited.
d. The site shall develop with a minimum of 10 percent open space (2.3 acres) to include the
following amenities: play structure, unicropaths and a community park as proposed.
1.1.2 The preliminary plat included in Exhibit A.2 dated 12/23/2015 is approvedas r as
presented to City Council on 3/29/2016.
1.1.3 The landscape plan included in Exhibit A.3 dated 01/01/16 shall be revised as follows:
a. If mitigation is required for any existing trees on the site that are proposed to be removed,
such information shall be included on the plan in accord with UDC 11-313-10C.5.
b. 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. The developer shall install all fencing
adjacent to internal common areas to distinguish the common from the private areas in accord
with UDC 11 -3A -A.7.
c. The applicant shall provide 6 -foot tall privacy fencing along the border of the subdivision,
except where fencing has been provided with an adjacent subdivision.
d. Temporary fencing shall be installed on the property during construction.
e. Lots 7, 18 and 31, Block 1 and Lot 8, Block 4 rot 1, Lot 16, Tot 42, Bloe,, 1, Lot 11
shall be constructed in accord with UDC 11-3A-8 and UDC
11-3B-12.
f. Bollard lighting shall be installed along all pathways per UDC 11-3A-8.
g. The applicant shall provide details of these ponds at the time of final plat submittal.
h. The applicant shall submit a revised landscape plan consistent with the revised
Preliminary plat at the time of final plat application.
1.1.4 The existing irrigation easement bisecting the property is to be relinquished and replaced with a
new easement as depicted on the submitted plans, prior to signature on a final plat.
H-2015-0046 — Brinegar Prairie Subdivision PAGE 23
Exhibit A
1.1.5 The applicant shall move the location of N. Swainson Ave. to the east in accordance with
ACHD_policies, and submit revised CAD files, construction drawings, and a revised plat to
staff ten days prior to the Council hearing.
1.1.6 The applicant shall work with ACHD on opportunities to calm traffic on the section of
Chateau Drive adiacent to the Brinegar Prairie Subdivision.
1.2 General Conditions of Approval
1.2.1 Comply with all bulk, use, and development standards of the R-8 zoning district listed in UDC
Table 11-2-A-6.
1.2.2 Comply with all provisions of 11-3A-3 with regard to access to streets. Direct lot access to N.
Ten Mile Road is prohibited.
1.2.3 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set
forth in UDC 11-3A-6.
1.2.4 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.
1.2.5 Comply with the sidewalk standards as set forth in UDC 11-3A-17.
1.2.6 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-313-5J.
1.2.7 Construct all off-street parking areas consistent with the standards as set forth in UDC 11-3C-6
for single-family dwellings.
1.2.8 Construct storm water integration facilities that meet the standards as set forth in UDC 11-313-
11 C. Provide details of the ponds with the final plat application.
1.2.9 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.
1.2.10 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 11-313-10.
1.2.11 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle.
1.3 Ongoing Conditions of Approval
1.3.1 The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets
the standards as set forth in UDC 11-313-6 and to install and maintain all landscaping as set forth
in UDC 11-313-5, UDC 11-313-13 and UDC 11-313-14.
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.
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 has a continuing obligation to comply with the outdoor lighting provisions as set
forth in UDC 11-3A-11.
H-2015-0046 — Brinegar Prairie Subdivision PAGE 23
Exhibit A
1.3.6 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.
1.3.7 All existing outbuilding shall be removed prior to receiving signature on final plat of phase one.
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 11-613-7.
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 11-313-14A.
2. PUBLIC WORKS DEPARTMENT
2.1 SITE SPECIFIC CONDITIONS OF APPROVAL
2.1.1 A street light plan will need to be included in the civil construction plans. Street light plan
requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy
of the standards can be found at http://www.meridiancity.org/public works.aspx?id=272. The
street light plan will need to include Type 1 250W lips fixtures mounted at 30' height along the
frontage of Ten Mile Road. The Type 1 lights should be spaced at 220' and arranged as to have a
staggered spacing with existing poles on the opposite side of the roadway. Power for these lights
should be provided by utilizing the existing street lighting conduit installed along Ten Mile Road.
Type 1 Poles will need to be powder coated black to match the poles installed by ACRD along
this section of Ten Mile Road.
2.1.2 Applicant shall be required to construct an 8 -inch diameter water main to connect the dead end
main at the south end of N. Swainson Court through the common area to the existing 10 -inch
diameter main in N. Ten Mile Road. The width of the common area pathway lot shall be widened
out to 20 feet.
2.1.3 The applicant shall be required to construct an 8 -inch diameter sewer main from the existing
manhole in W. Chateau Drive through common Lot 7, Block 1 as proposed. The width of the
cormnon lot shall be a minimum width of 20 feet.
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
sei vice outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover
H-2015-0046 — Brinegar Prairie Subdivision PAGE 23
Exhibit A
from top of pipe to sub -grade is less than three feet than alternate materials shall be used in
conformance of City of Meridian Public Works Departments Standard Specifications,
2.2.2 Per Meridian City Code (MCC), the applicant shall be responsible to install sewer and water
mains to and through this development. Applicant may be eligible for a reimbursement
agreement for infrastructure enhancement per MCC 8-6-5.
2.2.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of
way (include all water services and hydrants). The easement widths shall be 20 -feet wide for a
single utility, or 30 -feet wide for two. The easements shall not be dedicated via the plat, but
rather dedicated outside the plat process using the City of Meridian's standard forms. The
easement shall be graphically depicted on the plat for reference purposes. Submit an executed
easement (on the form available from Public Works), a legal description prepared by an Idaho
Licensed Professional Land Surveyor, which must include the area of the easement (marked
EXHIBIT A) and an 81/2" x 11" map with bearings and distances (marked EXHIBIT B) for
review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO
NOT RECORD. Add a note to the plat referencing this document. All easements must be
submitted, reviewed, and approved prior to development plan approval.
2.2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or
well water for the primary source. If a surface or well source is not available, a single -point
connection to the culinary water system shall be required. If a single -point connection is utilized,
the developer will be responsible for the payment of assessments for the common areas prior to
prior to receiving development plan approval.
2.2.5 All existing structures that are required to be removed shall be prior to signature on the final plat
by the City Engineer.
2.2.6 All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting,
crossing or laying adjacent and contiguous to the area being subdivided shall be tiled per UDC
11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any
other applicable law or regulation.
2.2.7 Any existing domestic well system within this project shall be removed from domestic service per
City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at
(208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic
purposes such as landscape irrigation if approved by Idaho Department of Water Resources
Contact Robert B. Whitney at (208)334-2190.
2.2.8 Any existing septic systems within this project shall be removed from service per City Ordinance
Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and
inspections (208)375-5211.
2.2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated,
fencing installed, drainage lots constructed, road base approved by the Ada County Highway
District and the Final Plat for this subdivision shall be recorded, prior to applying for building
permits.
2.2.10 A letter of creditor 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.
H-2015-0046 — Brinegar Prairie Subdivision PAGE 23
Exhibit A
2.2.12 Applicant shall be required to pay Public Works development plan review, and construction
inspection fees, as determined during the plan review process, prior to the issuance of a plan
approval letter.
2.2.13 It shall be the responsibility of the applicant to ensure that all development features comply with
the Americans with Disabilities Act and the Fair Housing Act.
2.2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting
that may be required by the Army Corps of Engineers.
2.2.15 Developer shall coordinate mailbox locations with the Meridian Post Office.
2.2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H.
2.2.17 Compaction test results shall be submitted to the Meridian Building Department for all building
pads receiving engineered backfill, where footing would sit atop fill material.
2.2.18 The engineer shall be required to certify that the street centerline elevations are set a minimum of
3 -feet above the highest established peak groundwater elevation. This is to ensure that the bottom
elevation of the crawl spaces of homes is at least 1 -foot above.
2.2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or
drainage facility within this project that do not fall under the jurisdiction of an irrigation district
or ACHD. The design engineer shall provide certification that the facilities have been installed in
accordance with the approved design plans. This certification will be required before a certificate
of occupancy is issued for any structures within the project.
2.2.20 At the completion of the project, the applicant shall be responsible to submit record drawings per
the City of Meridian AutoCAD standards. These record drawings must be received and approved
prior to the issuance of a certification of occupancy for any structures within the project.
2.2.21 100 Watt and 250 Watt, high-pressure sodium street lights shall be required on all public
roadways per the City of Meridian Improvement Standards for Street Lighting. All street lights
shall be installed at developer's expense. Final design shall be submitted as part of the
development plan set for approval, which must include the location of any existing street lights.
Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street
Lighting. A copy of the standards can be found on the city of meridian Public Works
Department's website at http://www.meridiancity.org/public_works.aspx?id=272. The
contractor's work and materials shall conform to the ISPWC and the City of Meridian
Supplemental Specifications to the ISPWC.
2.2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount
of 125% of the total construction cost for all incomplete sewer, water and reuse infrastructure
prior to final plat signature. This surety will be verified by a line item cost estimate provided by
the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash
deposit or bond. Applicant must file an application for surety, which can be found on the
Community Development Department website. Please contact Land Development Service for
more information at 887-2211.
2.2.23 The City of Meridian requires that the owner post to the City a warranty surety in the amount of
20% of the total construction cost for all completed sewer, water and reuse infrastructure for
duration of two years. This surety will be verified by a line item cost estimate provided by the
owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash
deposit or bond. Applicant must file an application for surety, which can be found on the
Community Development Department website. Please contact Land Development Service for
more information at 887-221.
H-2015-0046 — Brinegar Prairie Subdivision PAGE 23
Exhibit A
3. POLICE DEPARTMENT
3.1 The Police Department has no concerns with this application.
4. FIRE DEPARTMENT
4.1.1 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department in accordance
with International Fire Code Section (IFC) 508.5.4 as follows:
a. Fire hydrants shall have the 4'/2" outlet face the main sheet or parking lot drive aisle.
b. Fire hydrants shall not face a street which does not have addresses on it.
c. Fire hydrant markers shall be provided per Public Works specifications.
d. Fire Hydrants shall be placed on corners when spacing permits.
e. Fire hydrants shall not have any vertical obstructions to outlets within 10'.
£ Fire hydrants shall be placed 18" above finished grade to the center of the 4 %2" outlets.
g. Fire hydrants shall be provided to meet the requirements of IFC Section 509.5.
h. Show all proposed or existing hydrants for all new construction or additions to existing
buildings within 1,000 feet of the project.
4.1.2 All entrances, internal roads, drive aisles, and alleys shall have a turning radius of 28' inside and 48'
outside, per International Fire Code Section 503.2.4.
4.1.3 Ensure that all yet undeveloped parcels are maintained fee of combustible vegetation as set forth
in International Fire Code Section 304.1.2.
4.1.4 Fire lanes, streets, and structures (including the canopy height of mature trees) shall have a
vertical clearance of 13'6 as set forth in International Fire Code Section 503.2.1.
4.1.5 Operational fire hydrants, temporary or permanent street signs, and access roads with an all-weather
surface are required to be installed before combustible constriction material is brought onto the site,
as set forth in International Fire Code Section (IFC) 501.4 and Meridian amendment to IFC 10-4-21
4.1.6 The fire department requests that any future signalization installed as the result of the development of
this project be equipped with Opticom sensors to ensure a safe and efficient response by fire and
emergency medical service vehicles. The cost of this installation is to be borne by the developer.
(National Fire Protection Std 1141 Section 5.2.11.1)
5. REPUBLIC SERVICES
5.1 Republic Services has no comments on this application.
6. PARKS DEPARTMENT
6.1 Developer shall coordinate and comply with the recommendations of the City Arborist with
regard to mitigation measures for impacts to and removal of existing vegetation within the bounds
of this development. The applicant shall contact Elroy Huff, City Arborist, at 888-3579 to
coordinate mitigation for existing trees on the site that are proposed to be removed, in accord with
UDC 11-313-10C.5.
7. ADA COUNTY HIGHWAY DISTRICT (ACRD COMMENTS FORTHCOMING)
7. 1.1 SITE SPECIFIC CONDITIONS OF APPROVAL
1. Construct Chateau Drive as''/2 of a 36 -foot street section, complete with vertical curb, gutter with
shallow drop inlets, bioretention swale, and 5 -foot wide detached concrete sidewalk.
2. Construct the bioretention swale to meet ACHD policy 8202.26 BMP 30 standards (see
attachment 3).
H-2015-0046 — Brinegar Prairie Subdivision PAGE 23
Exhibit A
3. Taper Chateau Drive to align with the existing pavement width and improvements abutting to the
site to the east.
4. Construct all internal streets as 34 -foot street sections, complete with curb, gutter and 5 -foot wide
concrete sidewalk.
Provide a minimum 7 -foot wide sidewalk easement if public sidewalks are placed outside the
dedicated right-of-way. The easement shall encompass the entire area between the right-of-way
line and 2 -feet behind the back edge of the sidewalk.
6. Payment of impacts fees are due prior to issuance of a building permit.
7. Comply with all Standard Conditions of Approval.
7.1.2 STANDARD CONDITIONS OF APPROVAL
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).
2. Private Utilities including sewer or water systems are prohibited fiorn being located within the
ACHD right-of-way.
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.
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.
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.
6. All utility relocation costs associated with improving street frontages abutting the site shall be
borne by the developer.
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.
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 3 87-625 8 (with file numbers) for
details.
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.
H-2015-0046 — Brinegar Prairie Subdivision PAGE 23
Exhibit A
10. Construction, use and property development shall be in conformance with all applicable
requirements of ACHD prior to District approval for occupancy.
11. No change in the terms and conditions of this approval shall be valid unless they are in writing
and signed by the applicant or the applicant's authorized representative and an authorized
representative of ACRD. The burden shall be upon the applicant to obtain written confirmation of
any change from ACRD.
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.
C. Legal Description & Exhibit Map for Annexation Boundary
H-2015-0046 — Brinegar Prairie Subdivision PAGE 23
Project Na 15-256
Exhibit A
ANi+TF+ XA TION DESCRIPTION FOR
BRINE GAR PRAIRIE SUBDIVISION
January 7, 2016
A parcel of land located in the SW 114 of Section 2, T.3N., RAW., B.M., meridian, Ada
County, Idaho more particularly described as follows:
Commencing at the SW corner of said Section 2, from which the W1i4 corner of said
Section 2 bears North 00°18'48" East, 2642.98 feet;
thence along the West boundary line of said Section 2 North 00°18'48" East, 1322.54
feet to the REAL_ POINT OF BEGINNING;
thence continuing along said West boundary North 00"18'48" East, 769,17 feet to SW
comer of Itentfield Manor Subdivision as filed in Book 68 of Plats at Pages 6913 and 6914,
records of Ada County, Idaho;
thence along said South boundary line South 8900653" East, 1,325.68 feet to a point
on the West boundary line of Devlin Place Subdivision as filed in Book 77 of Plats at Pages
8078 and 8079, records of Ada County, Idaho;
thence along said West boundary line South 00°17'24" West, 772.63 feet to the NE
comer of Sunburst Subdivision No, 4 as filed in Book 62 of Plats at Pages 6217 and 6218,
records of Ada County, Idaho;
thence along the North boundary line of said Sunburst Subdivision No, 4 North
88°56'55" West, 1,326.03 feet to the REAL POINT OF BEGINNING, Containing 23.46 acres,
more or less,
H-2015-0046 — Brinegar Prairie Subdivision PAGE 23
S.3 I S.2
1/4
LO
Exhibit A
KENTFIELD MANOR SUBDIVISION
BLOCK 2
Q
LED
Ll
i3
1325,68'— - _
W. CHA'iEAU DR.
I
I
I
z
04i
BRINEGAR PRAIRIE SUBDIVISION ni
23.46 ACRES I D o
N O Q m
Y` I
�,I a
z
I w
I
I
N68'56'55"W 1326.03'
Ifl �5_r I __1_(;F[
-REAL POINT I BLOCK9
OF BEGINNING SUNBURST SU601VISION N0. 4 I
I
17729
A OF
�� ti��►tII � �o
Y &CPQ
25 100 400
ca Sa 200
IC AH O
1450 E. WMEATGWEi 5T.
SURVEY
WRA�.ta4HO8}..12
GROUP, P.C.
JM61sidaSTB
SCALE: 1 " = 200'
AP
j�L
sca
ANNEXATION EXHIBIT DRAWING FOR ss s e
BRINEGAR PRAIRIE SUBDIVISION SNEE� N(
totATE6 IN TILE SW Ys OrSECTI.m Z T. L' ft1W.. R'm.' I DWG. OAI
H-2015-0046 — Brinegar Prairie Subdivision PAGE 23
Exhibit A
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
proposes a gross density of 4.25 dwelling units per acre consistent with the FLUM
designation of MDR. Therefore, the Council finds that the proposed map amendment
complies with the provisions of the Comprehensive Plan and should be compatible with
adjacent residential uses (see section VII above for more information).
b. The map amendment complies with the regulations outlined for the proposed district,
specifically the purpose statement;
The Council finds that the proposed map amendment to the R-8 zoning district is consistent
with the purpose statement for the residential districts as detailed in Section VIII above.
c. The map amendment shall not be materially detrimental to the public health, safety,
and welfare;
The Council finds that the proposed zoning amendment will not be detrimental to the public
health, safety, or welfare. City utilities will be extended at the expense of the applicant. the
Council considers any oral or written testimony that may be provided when determining this
finding.
d. The map amendment shall not result in an adverse impact upon the delivery of services
by any political subdivision providing public services within the City including, but not
limited to, school districts; and,
The 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 Council finds annexing this property with an R-8 zoning district is in the best interest of
the City with the provision of a development agreement.
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 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.
H-2015-0046 — Brinegar Prairie Subdivision PAGE 23
Exhibit A
b. Public services are available or can be made available and are adequate to
accommodate the proposed development;
The 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 Council fmds 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 Council relies upon comments from the public service providers (i.e., Police, Fire,
ACRD, etc.) to determine this finding. (See Exhibit B for more detail.)
e. The development will not be detrimental to the public health, safety or general welfare;
and
The Council is not aware of any health, safety, or environmental problems associated with the
platting of this property. ACRD considers road safety issues in their analysis. Council
considers any public testimony that may be presented when determining whether or not the
proposed subdivision may cause health, safety or environmental problems of which Council
is unaware.
L The development preserves significant natural, scenic or historic features.
The Council is unaware of any natural, scenic or historic features on this site. Therefore, the
Council finds that the proposed development will not result in the destruction, loss or damage
of any natural, scenic or historic feature(s) of major importance. The Council considered all
public testimony that was presented to determine whether or not the proposed development
would destroy or damage a natural or scenic feature(s) of major importance.
H-2015-0046 — Brinegar Prairie Subdivision PAGE 23
Exhibit A
H-2015-0046 – Brinegar Prairie Subdivision PAGE 23
B. AGENCY & DEPARTMENT COMMENTS/CONDITIONS
1. PLANNING DIVISION
1.1 Site Specific Conditions of Approval
1.1.1 A Development Agreement (DA) is required as a provision of annexation of this property. Prior
to the annexation ordinance approval, a DA shall be entered into between the City of Meridian,
the property owner(s) at the time of annexation ordinance adoption, and the developer.
The DA shall be signed by the property owner and returned to the City within two (2) years of the
City Council granting annexation. Currently, a fee of $303.00 shall be paid by the applicant to the
Planning Division prior to commencement of the DA. The DA shall, at minimum, incorporate the
following provisions:
a. Future development of this site shall be generally consistent with the preliminary plat,
landscape plan and three (3) amenities and conceptual building elevations submitted with this
application included in Exhibit A.
b. Because several of the lots front on arterial or collector streets, all of these homes shall
receive Certificate of Zoning Compliance and Design review planning division
approvals prior to issuance of any building permit. These lots include Lots 2-6, 8-17 and
19-20, Bock 1; Lots 2-4 and 5-9, and 20, Block 2. Lots 3-15, Block 1; Lots 2 -15 and 26,
Block 2.
c. Direct access to N. Ten Mile Road is prohibited.
d. The site shall develop with a minimum of 10 percent open space (2.3 acres) to include the
following amenities: play structure, micropaths and a community park as proposed.
1.1.2 The preliminary plat included in Exhibit A.2 dated 12/23/2015 is approved as shown as
presented to City Council on 3/29/2016.
1.1.3 The landscape plan included in Exhibit A.3 dated 01/01/16 shall be revised as follows:
a. If mitigation is required for any existing trees on the site that are proposed to be removed,
such information shall be included on the plan in accord with UDC 11-3B-10C.5.
b. 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. The developer shall install all fencing
adjacent to internal common areas to distinguish the common from the private areas in accord
with UDC 11-3A-A.7.
c. The applicant shall provide 6-foot tall privacy fencing along the border of the subdivision,
except where fencing has been provided with an adjacent subdivision.
d. Temporary fencing shall be installed on the property during construction.
e. Lots 7, 18 and 31, Block 1 and Lot 8, Block 4 Lot 1, Lot 16, Lot 42, Block 1, Lot 11,
Block 2 and Lot 8, Block 3 shall be constructed in accord with UDC 11-3A-8 and UDC
11-3B-12.
f. Bollard lighting shall be installed along all pathways per UDC 11-3A-8.
g. The applicant shall provide details of these ponds at the time of final plat submittal.
h. The applicant shall submit a revised landscape plan consistent with the revised
preliminary plat at the time of final plat application.
1.1.4 The existing irrigation easement bisecting the property is to be relinquished and replaced with a
new easement as depicted on the submitted plans, prior to signature on a final plat.
Exhibit A
H-2015-0046 – Brinegar Prairie Subdivision PAGE 23
1.1.5 The applicant shall move the location of N. Swainson Ave. to the east in accordance with
ACHD policies, and submit revised CAD files, construction drawings, and a revised plat to
staff ten days prior to the Council hearing.
1.1.6 The applicant shall work with ACHD on opportunities to calm traffic on the section of
Chateau Drive adjacent to the Brinegar Prairie Subdivision.
1.2 General Conditions of Approval
1.2.1 Comply with all bulk, use, and development standards of the R-8 zoning district listed in UDC
Table 11-2-A-6.
1.2.2 Comply with all provisions of 11-3A-3 with regard to access to streets. Direct lot access to N.
Ten Mile Road is prohibited.
1.2.3 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set
forth in UDC 11-3A-6.
1.2.4 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.
1.2.5 Comply with the sidewalk standards as set forth in UDC 11-3A-17.
1.2.6 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-5J.
1.2.7 Construct all off-street parking areas consistent with the standards as set forth in UDC 11-3C-6
for single-family dwellings.
1.2.8 Construct storm water integration facilities that meet the standards as set forth in UDC 11-3B-
11C. Provide details of the ponds with the final plat application.
1.2.9 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.
1.2.10 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.
1.2.11 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.
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 has a continuing obligation to comply with the outdoor lighting provisions as set
forth in UDC 11-3A-11.
Exhibit A
H-2015-0046 – Brinegar Prairie Subdivision PAGE 23
1.3.6 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.
1.3.7 All existing outbuilding shall be removed prior to receiving signature on final plat of phase one.
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 A street light plan will need to be included in the civil construction plans. Street light plan
requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy
of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272. The
street light plan will need to include Type 1 250W hps fixtures mounted at 30' height along the
frontage of Ten Mile Road. The Type 1 lights should be spaced at 220' and arranged as to have a
staggered spacing with existing poles on the opposite side of the roadway. Power for these lights
should be provided by utilizing the existing street lighting conduit installed along Ten Mile Road.
Type 1 Poles will need to be powder coated black to match the poles installed by ACHD along
this section of Ten Mile Road.
2.1.2 Applicant shall be required to construct an 8-inch diameter water main to connect the dead end
main at the south end of N. Swainson Court through the common area to the existing 10-inch
diameter main in N. Ten Mile Road. The width of the common area pathway lot shall be widened
out to 20 feet.
2.1.3 The applicant shall be required to construct an 8-inch diameter sewer main from the existing
manhole in W. Chateau Drive through common Lot 7, Block 1 as proposed. The width of the
common lot shall be a minimum width of 20 feet.
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
Exhibit A
H-2015-0046 – Brinegar Prairie Subdivision PAGE 23
from top of pipe to sub-grade is less than three feet than alternate materials shall be used in
conformance of City of Meridian Public Works Departments Standard Specifications.
2.2.2 Per Meridian City Code (MCC), the applicant shall be responsible to install sewer and water
mains to and through this development. Applicant may be eligible for a reimbursement
agreement for infrastructure enhancement per MCC 8-6-5.
2.2.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of
way (include all water services and hydrants). The easement widths shall be 20-feet wide for a
single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but
rather dedicated outside the plat process using the City of Meridian’s standard forms. The
easement shall be graphically depicted on the plat for reference purposes. Submit an executed
easement (on the form available from Public Works), a legal description prepared by an Idaho
Licensed Professional Land Surveyor, which must include the area of the easement (marked
EXHIBIT A) and an 81/2” x 11” map with bearings and distances (marked EXHIBIT B) for
review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO
NOT RECORD. Add a note to the plat referencing this document. All easements must be
submitted, reviewed, and approved prior to development plan approval.
2.2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or
well water for the primary source. If a surface or well source is not available, a single-point
connection to the culinary water system shall be required. If a single-point connection is utilized,
the developer will be responsible for the payment of assessments for the common areas prior to
prior to receiving development plan approval.
2.2.5 All existing structures that are required to be removed shall be prior to signature on the final plat
by the City Engineer.
2.2.6 All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting,
crossing or laying adjacent and contiguous to the area being subdivided shall be tiled per UDC
11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any
other applicable law or regulation.
2.2.7 Any existing domestic well system within this project shall be removed from domestic service per
City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at
(208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic
purposes such as landscape irrigation if approved by Idaho Department of Water Resources
Contact Robert B. Whitney at (208)334-2190.
2.2.8 Any existing septic systems within this project shall be removed from service per City Ordinance
Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and
inspections (208)375-5211.
2.2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated,
fencing installed, drainage lots constructed, road base approved by the Ada County Highway
District and the Final Plat for this subdivision shall be recorded, prior to applying for building
permits.
2.2.10 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted
fencing, landscaping, amenities, etc., prior to signature on the final plat.
2.2.11 All development improvements, including but not limited to sewer and water, fencing, micro-
paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining
certificates of occupancy.
Exhibit A
H-2015-0046 – Brinegar Prairie Subdivision PAGE 23
2.2.12 Applicant shall be required to pay Public Works development plan review, and construction
inspection fees, as determined during the plan review process, prior to the issuance of a plan
approval letter.
2.2.13 It shall be the responsibility of the applicant to ensure that all development features comply with
the Americans with Disabilities Act and the Fair Housing Act.
2.2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting
that may be required by the Army Corps of Engineers.
2.2.15 Developer shall coordinate mailbox locations with the Meridian Post Office.
2.2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H.
2.2.17 Compaction test results shall be submitted to the Meridian Building Department for all building
pads receiving engineered backfill, where footing would sit atop fill material.
2.2.18 The engineer shall be required to certify that the street centerline elevations are set a minimum of
3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom
elevation of the crawl spaces of homes is at least 1-foot above.
2.2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or
drainage facility within this project that do not fall under the jurisdiction of an irrigation district
or ACHD. The design engineer shall provide certification that the facilities have been installed in
accordance with the approved design plans. This certification will be required before a certificate
of occupancy is issued for any structures within the project.
2.2.20 At the completion of the project, the applicant shall be responsible to submit record drawings per
the City of Meridian AutoCAD standards. These record drawings must be received and approved
prior to the issuance of a certification of occupancy for any structures within the project.
2.2.21 100 Watt and 250 Watt, high-pressure sodium street lights shall be required on all public
roadways per the City of Meridian Improvement Standards for Street Lighting. All street lights
shall be installed at developer’s expense. Final design shall be submitted as part of the
development plan set for approval, which must include the location of any existing street lights.
Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street
Lighting. A copy of the standards can be found on the city of meridian Public Works
Department’s website at http://www.meridiancity.org/public_works.aspx?id=272. The
contractor’s work and materials shall conform to the ISPWC and the City of Meridian
Supplemental Specifications to the ISPWC.
2.2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount
of 125% of the total construction cost for all incomplete sewer, water and reuse infrastructure
prior to final plat signature. This surety will be verified by a line item cost estimate provided by
the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash
deposit or bond. Applicant must file an application for surety, which can be found on the
Community Development Department website. Please contact Land Development Service for
more information at 887-2211.
2.2.23 The City of Meridian requires that the owner post to the City a warranty surety in the amount of
20% of the total construction cost for all completed sewer, water and reuse infrastructure for
duration of two years. This surety will be verified by a line item cost estimate provided by the
owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash
deposit or bond. Applicant must file an application for surety, which can be found on the
Community Development Department website. Please contact Land Development Service for
more information at 887-221.
Exhibit A
H-2015-0046 – Brinegar Prairie Subdivision PAGE 23
3. POLICE DEPARTMENT
3.1 The Police Department has no concerns with this application.
4. FIRE DEPARTMENT
4.1.1 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department in accordance
with International Fire Code Section (IFC) 508.5.4 as follows:
a. Fire hydrants shall have the 4 ½” outlet face the main street or parking lot drive aisle.
b. Fire hydrants shall not face a street which does not have addresses on it.
c. Fire hydrant markers shall be provided per Public Works specifications.
d. Fire Hydrants shall be placed on corners when spacing permits.
e. Fire hydrants shall not have any vertical obstructions to outlets within 10’.
f. Fire hydrants shall be placed 18” above finished grade to the center of the 4 ½” outlets.
g. Fire hydrants shall be provided to meet the requirements of IFC Section 509.5.
h. Show all proposed or existing hydrants for all new construction or additions to existing
buildings within 1,000 feet of the project.
4.1.2 All entrances, internal roads, drive aisles, and alleys shall have a turning radius of 28’ inside and 48’
outside, per International Fire Code Section 503.2.4.
4.1.3 Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set forth
in International Fire Code Section 304.1.2.
4.1.4 Fire lanes, streets, and structures (including the canopy height of mature trees) shall have a
vertical clearance of 13’6 as set forth in International Fire Code Section 503.2.1.
4.1.5 Operational fire hydrants, temporary or permanent street signs, and access roads with an all-weather
surface are required to be installed before combustible construction material is brought onto the site,
as set forth in International Fire Code Section (IFC) 501.4 and Meridian amendment to IFC 10-4-2J.
4.1.6 The fire department requests that any future signalization installed as the result of the development of
this project be equipped with Opticom sensors to ensure a safe and efficient response by fire and
emergency medical service vehicles. The cost of this installation is to be borne by the developer.
(National Fire Protection Std 1141 Section 5.2.11.1)
5. REPUBLIC SERVICES
5.1 Republic Services has no comments on this application.
6. PARKS DEPARTMENT
6.1 Developer shall coordinate and comply with the recommendations of the City Arborist with
regard to mitigation measures for impacts to and removal of existing vegetation within the bounds
of this development. The applicant shall contact Elroy Huff, City Arborist, at 888-3579 to
coordinate mitigation for existing trees on the site that are proposed to be removed, in accord with
UDC 11-3B-10C.5.
7. ADA COUNTY HIGHWAY DISTRICT (ACHD COMMENTS FORTHCOMING)
7.1.1 SITE SPECIFIC CONDITIONS OF APPROVAL
1. Construct Chateau Drive as ½ of a 36-foot street section, complete with vertical curb, gutter with
shallow drop inlets, bioretention swale, and 5-foot wide detached concrete sidewalk.
2. Construct the bioretention swale to meet ACHD policy 8202.26 BMP 30 standards (see
attachment 3).
Exhibit A
H-2015-0046 – Brinegar Prairie Subdivision PAGE 23
3. Taper Chateau Drive to align with the existing pavement width and improvements abutting to the
site to the east.
4. Construct all internal streets as 34-foot street sections, complete with curb, gutter and 5-foot wide
concrete sidewalk.
5. Provide a minimum 7-foot wide sidewalk easement if public sidewalks are placed outside the
dedicated right-of-way. The easement shall encompass the entire area between the right-of-way
line and 2-feet behind the back edge of the sidewalk.
6. Payment of impacts fees are due prior to issuance of a building permit.
7. Comply with all Standard Conditions of Approval.
7.1.2 STANDARD CONDITIONS OF APPROVAL
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).
2. Private Utilities including sewer or water systems are prohibited from being located within the
ACHD right-of-way.
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.
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.
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.
6. All utility relocation costs associated with improving street frontages abutting the site shall be
borne by the developer.
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.
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.
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.
Exhibit A
H-2015-0046 – Brinegar Prairie Subdivision PAGE 23
10. Construction, use and property development shall be in conformance with all applicable
requirements of ACHD prior to District approval for occupancy.
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.
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.
C. Legal Description & Exhibit Map for Annexation Boundary
Exhibit A
H-2015-0046 – Brinegar Prairie Subdivision PAGE 23
Exhibit A
H-2015-0046 – Brinegar Prairie Subdivision PAGE 23
Exhibit A
H-2015-0046 – Brinegar Prairie Subdivision PAGE 23
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
proposes a gross density of 4.25 dwelling units per acre consistent with the FLUM
designation of MDR. Therefore, the Council finds that the proposed map amendment
complies with the provisions of the Comprehensive Plan and should be compatible with
adjacent residential uses (see section VII above for more information).
b. The map amendment complies with the regulations outlined for the proposed district,
specifically the purpose statement;
The Council finds that the proposed map amendment to the R-8 zoning district is consistent
with the purpose statement for the residential districts as detailed in Section VIII above.
c. The map amendment shall not be materially detrimental to the public health, safety,
and welfare;
The Council finds that the proposed zoning amendment will not be detrimental to the public
health, safety, or welfare. City utilities will be extended at the expense of the applicant. the
Council considers any oral or written testimony that may be provided when determining this
finding.
d. The map amendment shall not result in an adverse impact upon the delivery of services
by any political subdivision providing public services within the City including, but not
limited to, school districts; and,
The 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 Council finds annexing this property with an R-8 zoning district is in the best interest of
the City with the provision of a development agreement.
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 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
H-2015-0046 – Brinegar Prairie Subdivision PAGE 23
b. Public services are available or can be made available and are adequate to
accommodate the proposed development;
The 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 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 Council relies upon comments from the public service providers (i.e., Police, Fire,
ACHD, etc.) to determine this finding. (See Exhibit B for more detail.)
e. The development will not be detrimental to the public health, safety or general welfare;
and
The 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. Council
considers any public testimony that may be presented when determining whether or not the
proposed subdivision may cause health, safety or environmental problems of which Council
is unaware.
f. The development preserves significant natural, scenic or historic features.
The Council is unaware of any natural, scenic or historic features on this site. Therefore, the
Council finds that the proposed development will not result in the destruction, loss or damage
of any natural, scenic or historic feature(s) of major importance. The Council considered all
public testimony that was presented to determine whether or not the proposed development
would destroy or damage a natural or scenic feature(s) of major importance.