Little Creek AZ CUP PP H-2016-0076ADA COUNTY RECORDER Christopher D. Rich 2016-109494
BOISE IDAHO Pgs=48 DAWN TRIVOLIS 11/10/2016 02:09 PM
CITY OF MERIDIAN, IDAHO NO FEE
DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2, In Perspective, LLC, Owner/Developer
TINS DEVELOPMENT AGREEMENT (this Agreement), is made.and entered into
this day of 1V 0^ 6M' , 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 In Perspective, LLC, whose address is P.O; Box 7846, Boise, Idaho 83707,
hereinafter called OWNER/DEVELOPER.
1. RECITALS:
1.1 WHEREAS, Owner/Developer is the sole .owner; in law and/or equity, .of
certain tract of land in the County of A.da, State of Idaho, described.in Exhibit
"A", which is attached hereto and by this reference incorporated herein as if
set forth in full, herein after referred to as the Property,; and
1.2 WHEREAS, Idaho Code § 67-6511 A provides that cities may, byordinance,
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 11-5B-3 of the Unified Development Code ("UDC."), which
authorizes development agreements upon the annexation and/otre-zorring-of
land;. and
1.4 WHEREAS, Owner/Developer has subniitted. an application for the
Annexation and Zoning of 17.00 acres of land, with a R-40 (High Density
Residential) zoning districts (as described in Exhibit 'W'), under the Unified
Development Code; and
1.5 WHEREAS, Owner/Developer represented at. the public hearings both
before the Meridian Planning & Zohing.Conuuission and before theMeridian
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 neap amendment and rezoning of the
Property.held before the Planning & Zoning Commission, and subsequently
DEVELOPMENT AGREEMENT — LITTLE CREEK SUBDivtsioN H-2016-0076 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 4th day of October, 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 Agrecment, 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 ll.
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 In Perspective, LLC, whose
address is PO Box 7846, Boise Idaho 83707, the owner of said Property and
shall include any subsequent owner/developer(s) of the Property.
DEVELOPMENT AGREEMENT -LITTLE CREEK SUBDIVISION H-2016-0076 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.
5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY:
5.1. Owner/Developer shall develop the Property in accordance with the following
special conditions:
a. The existing home and associated outbuildings shall be removed from the site prior
to signature on the final plat by the City Engineer.
b. Future development of this site shall substantially comply with the preliminary plat,
site plan, landscape plan, and conditions included in Exhibit A of the Findings of
Fact and Conclusions of Law and attached Staff Report, attached hereto as Exhibit
"B".
c. A maximum of 204 residential dwelling units shall be constructed within this
development.
d. Future development shall comply with the design standards listed in UDC 11-3A-19
and the City of Meridian Architectural Standards Manual (ASM). Windows are
required on all elevations that face areas used for children's recreation to allow views
of these areas, including those on Lots 17, 18 and 21 that fact the common area on
the adjacent development to the east.
e. At a minimum, site amenities shall be provided for this development from each of the
amenity categories as follows: a clubhouse with an exercise facility and lounge area,
2 gazebos, a tot lot, and a dog park (or open space) as quality of life amenities; a 50'
x 100' open grassy area as an open space amenity; and a segment of the City's multi-
use pathway system, a swimming pool, tot lot with children's play equipment and
walking trails as recreation amenities in accord with the standards listed in UDC 11-
3G -3C and 11-4-3-27D.
f. A minimum of 2.76 acres of qualified open space shall be provided within this
development as set forth in UDC 11-3G-3 and 11-4-3-27.
g, Council approved awaivertoUDC 11 -3A -6A.3 to allowthe Settler's Canal/Jackson
Drain to remain open and not be piped along the southern boundary of the site.
DEVELOPMENT AGREEMENT- L=E CREEK SUBDIVISION H-2016-0076 PAGE 3 OF 8
6. COIYIPLIANCE 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
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.
DEVELOPMENT AGREEMENT—LITTLE CREEK SUBDIVISION H-2016-0076 PAGE 4 of 8
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 porion 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 rezoning of the Property by
the City Council. If for any reason after such recordation, the City Council fails to adopt the
ordinance in connection with the annexation and zoning of the Property contemplated hereby, the
City shall execute and record an appropriate instrument of release of this Agreement.
10. ZONING: City shall, following recordation of the duly approved Agreement, enact a
valid and binding ordinance zoning the Property as specified herein.
11. SURETY OF PERFORMANCE: The City may also require surety bonds,
irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under the
UDC, to insure the installation of required improvements, which the Owner/Developer agrees to
provide, if required by the City.
12, CERTIFICATE OF OCCUPANCY. No Certificates of Occupancy shall be issued
in any phase in which the improvements have not been installed, completed, and accepted by the
City, or sufficient surety of performance is provided by Owner/Devcloper to the City in accordance
with Paragraph 11 above.
13. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agrees to abide by
all ordinances of the City of Meridian unless otherwise provided by this Agreement.
14, NOTICES: Any notice desired by the parties and/or required by this Agreement
shall be deemed delivered if and when personally delivered or three (3) days after deposit in the
United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed
as follows:
CITY:
City Cleric
City of Meridian
33 E. Broadway Ave.
Meridian, Idaho 83642
OWNER/DEVELOPER:
In Perspective, LLC
PO Box 7846
Boise, Idaho 83707
with copy to:
City Attorney
City of Meridian
33 E. Broadway Avenue
Meridian, Idaho 83642
DEVELOPMENT AGREEMENT - LITTLE CREEK SUBDIVISION H-2016-0076 PAGE S OF 8
14.1 A party shall have the right to change its address by delivering to the other
party a written notification thereof in accordance with the requirements of this section.
15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto
concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as
may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent
jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall
survive any default, termination or forfeiture of this Agreement.
16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time
is strictly of the essence with respect to each and every term, condition and provision hereof, and that
the failure to timely perform any of the obligations hereunder shall constitute a breach of and a
default under this Agreement by the other party so failing to perform.
17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and 'inure
to the benefit of the parties' respective heirs, successors, assigns and personal representatives,
including City's corporate authorities and their successors in office. This Agreement shall be
binding on the Owner/Developer, each subsequent owner and any other person acquiring an interest
in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or
portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any
successor- owner or owners shall be both benefited and bound by the conditions and restrictions
herein expressed. City agrees, upon written request of Owner/Developer, to execute appropriate and
recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion,
had determined that Owner/Developer 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, eachparty
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.
DEVELOPMENT AGREEMENT -LITTLE CREEK SUBDIVTSIONH-2016-0076 PAGE 6 OF 8
21.1 No condition governing the uses and/or conditions governing rezoning of the subject
Property herein providedTor can be modified or amended without the approval oft l -e
City Council after the City has conducted pLiblic hearings) in accordance withthe
notice provisions provided for a zoning designation and/or amendment in force atthe
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'lext; signatures, aclmowledgeinents, and Exhibits .A and B follow]
ACKNOWLEDGMENTS
IN WITNES S WHEREOF, the parties have herein executed th is agreen-lent.and made
it effective as hereinabove provided.
OWNER/DEVELOPER:
hi. Perspective, LLC
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ATTEST:
C.Av Cole , ity Clerk
CITY OF MCRIDIAN
By y
Mayor �mye Weerd— �-
DEVELOPMENT AGREEMENT -LITTLE CREEK SUBDIVISION H-2016-0076 PAGE 7 OF 8
STATE OF IDAHO )
. ss;
County of Ada, )
A
On this ZY day of � er- , 2016, before me, the undersigned, a Notary Public in and.
for said State, personally appeared 1-44d «. Ze-6e70.14 , known or identified to me
to be the o n Perspective, LLC, and acknowledged tome that he
executed the same on behalf of said company.
IN WITNESS WHEREOF, I have hereunto setmyhand and affixed my official seal the:day
and year its this certificate first above written.
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STATE OF IDAHO )
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County of Ada )
&LOt-
Notary
Public for Idaho
Residing at;�S e,Zt /h
My Commission Expires:. o !R,
On this day of M 0 V6M bP-Y- , 2016, before me, a Notaty Public,
personally appeared Tammy de Weerd and C.dayCol,es,.lcnow or identified to rime to be the Mayor
and Cleric, 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 seamy hand and affixed my official seal the day
and year in this certificate first above written.
��•��vaI .[p0'. -,
(SEL) ,
��er.�ra•
Notary Public for Idaho
Residing at;y t2J
Commission expires:
DEVELOPMENT AGREEMENT—LITTLE CREEK SUBDIVISION H-2016-0076 .PAGE 8 OF 8
Legal Description & Exhibit Map for Annexation & Zoning Boundary
f : U ?':'!A+4tU _5 C n nu°son ,•; i u s
J -13-D ENGINEERS, INC.
Little Creek Subdivision
Annexation
Boundary Description
Project Number 10-15-124 July 5, 2016
A portion of Pleasant Valley Subdivision (Book 12 of Plats at Page 665, records of Ada County; Idaho)
situated in the northwest quarter of Section B, Township 3 North, Range I East, Boise Meridian,
Meridian City, Ada County, Idaho, and being more particularly described as follows
Commencing at the northwest corner of Section 8, Township 3 North, Range 1 East, Boise Meridian, and
the northwest corner of PI oasant Valley Subdivision;
Thence S00'26'22"W, 454.99 feet along the west line of the northwest quarter and the west boundary
of Pleasant Valley Subdivision to the intersection with the centerline of East Wilson Lane, the POINT OF
BEGINNING;
Thence S89°59'19"E, 1038.24 feet along the centerline of East Wilson Lane to the west boundary
of Lot 7 of Pleasant Valley Subdivision;
Thence S00°26'35"W, 1024.79 feet along the west boundary of Lot 7 of Pleasant Valley
Subdivision, the east boundary of Lot 20 of Pleasant Valley Subdivision, and the west boundary
of Paddington Subdivision (Book 86 of Plats at Pages 9631 through 9634, records of Ada County,
Idaho) to the south boundary of Pleasant Valley Subdivision;
Thence N65°20'40"W, 295.71 feet along the south boundary of Pleasant Valley Subdivision;
Thence N55'25'16"W, 314.50 feet along the south boundary of Pleasant Valley Subdivision;
Thence N55°36'16"W, 612,62 feet along the south boundary of Pleasant Valley Subdivision to
the southwest corner of Pleasant Valley Subdivision and the west line of the northwest quarter;
Thence N00'26122"E, 367.05 feet along the west line of the northwest quarter and the west
boundary of Pleasant Valley Subdivision to the POINT OF BEGINNING.
The above-described parcel contains 17.00 acres, more or less,
Page 1 of 1
0 250 S. Beechwood Avenue, Sufte 201, Boise, l0 83709 g 208-376-7330 1'208-323-9356 u, twnv.lub.corn
EXHIBIT B
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW ER,,,IPIAN�
AND DECISION & ORDER
In the Matter of the Request for Annexation and Zoning of Seventeen (17) Acres of Land with an
R-40 Zoning District; Conditional Use Permit for a Multi -Family Development Consisting of 204
Dwelling Units in an R-40 Zoning District; and Preliminary Plan Consisting of Fifty -One (51)
Building Lots, One (1) Lot for the Clubhouse, and Two (2) Common Area Lots on 15.85 Acres of
Land for Little Creek Subdivision, by David Alexander.
Case No(s). H-2016-0076
For the City Council Hearing Date of: September 20, 2016 (Findings on October 4, 2016)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the bearing date of September 20, 2016, incorporated
by reference)
2. Process Facts (see attached Staff Report for the hearing date of September 20, 2016, incorporated
by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of September 20,
2016, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of September 20, 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 (I.C. §67-6503).
2. The Meridian City Council takes judicial notice of its Unified Development Code codified at
Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by
ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of
Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § I 1-5A.
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not impose
expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Decision, which shall be
signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the
Community Development Department, the Public Works Department and any affected party
requesting notice.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). H-2016-0076 - 1 -
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of September 20, 2016, incorporated by reference. The conditions are concluded to
be reasonable and the applicant shall meet such requirements as a condition of approval of the
application.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon
the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that:
1. The applicant's request for Annexation and Zoning, Conditional Use Permit and Preliminary
Plat is hereby approved per the conditions of approval in the Staff Report for the hearing date
of September 20, 2016, attached as Exhibit A.
D. Notice of Applicable Time Limits
Notice of Preliminary Plat Duration
Please take notice that approval of a preliminary plat, combined preliminary and final plat, or
short plat shall become null and void if the applicant fails to obtain the city engineer's signature
on the final plat within two (2) years of the approval of the preliminary plat or the combined
preliminary and final plat or short plat (UDC 11 -6B -7A).
In the event that the development of the preliminary plat is made in successive phases in an
orderly and reasonable manner, and conforms substantially to the approved preliminary plat,
such segments, if submitted within successive intervals of two (2) years, may be considered for
final approval without resubmission for preliminary plat approval (UDC 11 -6B -7B).
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11 -6B -7.A, the Director may authorize a single extension of time to obtain the City
Engineer's signature on the final plat not to exceed two (2) years. Additional time extensions up
to two (2) years as determined and approved by the City Council may be granted. With all
extensions, the Director or City Council may require the preliminary plat, combined
preliminary and final plat or short plat to comply with the current provisions of Meridian City
Code Title 11. If the above timetable is not met and the applicant does not receive a time
extension, the property shall be required to go through the platting procedure again (UDC 1I -
6B -7C).
Notice of Conditional Use Permit Duration
Please take notice that the conditional use permit, when granted, shall be valid for a maximum
period of two (2) years unless otherwise approved by the City. During this time, the applicant
shall commence the use as permitted in accord with the conditions of approval, satisfy the
requirements set forth in the conditions of approval, and acquire building permits and
commence construction of permanent footings or structures on or in the ground. For
conditional use permits that also require platting, the final plat must be signed by the City
Engineer within this two (2) year period.
Upon written request and filed by the applicant prior to the termination of the period in accord
with I 1 -5B -6.G.1, the Director may authorize a single extension of the time to commence the
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). H-2016-0076 - 2 -
use not to exceed one (1) two (2) year period. Additional time extensions up to two (2) years as
deteiinined and approved by the City Council may be granted. With all extensions, the Director
or City Council may require the conditional use comply with the current provisions of Meridian
City Code Title 11 (UDC 11-513-617).
Notice of Development Agreement Duration
The development agreement shall be signed by the property owner and returned to the City
within six (6) months of the City Council granting annexation and/or rezone (UDC 11-513-31)).
A development agreement may be modified by the city or an affected party of the development
agreement. Decision on the development agreement modification is made by the city council in
accord with this chapter. When approved, said development agreement shall be signed by the
property owner(s) and returned to the city within six (6) months of the city council granting the
modification (UDC 11-513-3F).
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 six (6) month approval
period (UDC 11-513-3F).
E. Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development
application entitles the Owner to request a regulatory taking analysis. Such request must be in
writing, and must be filed with the City Cleric not more than twenty-eight (28) days after the
final decision concerning the matter at issue. A request for a regulatory takings analysis will
toll the time period within which a Petition for Judicial Review may be filed.
2. Please take notice that this is a final action of the governing body of the City of Meridian.
When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person
who has an interest in real property which may be adversely affected by the final action of the
governing board may within twenty-eight (28) days after the date of this decision and order
seek a judicial review as provided by Chapter 52, Title 67, Idaho Code.
F. Attached: Staff Report for the hearing date of September 20, 2016
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). H-2016-0076 -3 -
By action of the City Council at its regular meeting held on the _ day of (ic�o6e4V
2016,
COUNCIL PRESIDENT KEITH BIRD VOTED
COUNCIL VICE PRESIDENT JOE BORTON VOTED Ya
COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED
COUNCIL MEMBER TY PALMER VOTED Y(IA
COUNCIL MEMBER LUKE CAVENER VOTED(
COUNCIL MEMBER GENESIS MILAM VOTED Y&L
MAYOR TAMMY de WEERD VOTED
(TIF. BREAKER)
Mayor T de Weerd
Attest:
w
Afj
C.by Cole
City Clerk ��°�_ . G JP�1vQ
Copy served upon Applicant, Community Development Department, Public Works Department and City
Attorney,
�1 � � ` 10-5--t / I
By: (,� L Dated:
ity Clerk's Office
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). H-2016-0076 - 4 -
STAFF REPORT
TO:
FROM:
SUBJECT:
EXHIBIT A
Hearing Date: September 20, 2016
Mayor & City Council
Sonya Watters, Associate City Planner
208-884-5533
Bruce Freckleton, Development Services Manager
208-887-2211
Little Creek Subdivision — AZ, CUP, PP (H-2016-0076)
L SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, David Alexander, has submitted an application for Annexation and Zoning (AZ) of 17
acres of land with an R-40 zoning district; Conditional Use Permit (CUP) for a multi-fanuly
development consisting of 204 dwelling units in an R-40 zoning district; and Preliminary Plat (PP)
consisting of 51 building lots, 1 lot for a clubhouse and 2 conunon lots on 15,85 acres of land. See
Section IX of the staff report for more information.
II. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed AZ, CUP, and PP applications in accord with the
conditions of approval in Exhibit B and the Findings of Fact and Conclusions of Law in Exhibit D.
The Meridian Planning & Zoning Commission heard these items on August 18, 2016. At the
public hearing, the Commission moved to recommend approval of the subject PP request.
a. Summary of Commission Public Hearing:
L In favor: Scott Wonders, Applicant's Representative
ii. In opposition: None
iii. Commenting: Nancy Buckley
iv. Written testimony: Scott Wonders, Applicant's Representative (in agreement with staff
report); Greg Ramp, Aire Incorporated
v. Staff presenting application: Sonya Allen
vi. Other staff commenting on application: None
b. Key issue(s) of Public Testimony:
i. Concern of overdevelopment in Meridian and of school and roads not being able to
support the growth;
ii. Traffic concerns at the Wilson Lane/Locust Grove Road intersection until Wilson is
extended to the east in the future.
c. Key Issues of Discussion by Commission:
L Relocating the common area along the east boundary to the north side of the 4
residential structures so that it aligns better with the common area to the east,
ii. Direct access via Locust Grove Road and traffic/congestion at the Wilson/Locust Grove
intersection;
iii. The pinwheel design of the structures with only one building type/footprint.
iv. The Commission was in support of the applicant's request for a waiver to UDC 11-3A-6
to allow the Settler's Canal/Jackson Drain to remain open along the southern boundary
of the site and not be piped.
d. Commission Change(s) to Staff Recommendation:
i. Modify DA provision #1.1.ld to not require more than one building type provided that
structures are off -set 90 degrees from each other and a variety of at least 3 different
color pallets are used.
Little Creek Subdivision —AZ, CUP, PP H-2016-0076 PAGE I
EXHIBIT A
ii. Modifv condition #1.1.3e to reauire the dog nark (oven space) to be relocated to the
north side of Lots 18 and 19, Block 1 (shown as Lots 19 and 20, Block I on the revised
PLO -i
e. Outstanding Issue(s) for City Council:
L. The applicant requests a waiver from City Council to UDC 11 -3A -6A.3 to allow the
Settler's Canal/Jackson Drain to remain open and not be piped along the southern
boundary of the site.
The
Meridian City Council heard these items on September 20, 2016,
At the public hearing, the
Council
approved the subject AZ. CUP and PP requests
a,
Summary
of City Council Public Hearjng:
h
In favor: Scott Wonders, Applicant's Representatjve
iL
In opposition: None
A,
Commenting: Debra Resman
ty�
Written testimony None
Y,
Staff presenting application: Sonya Watters
yh
Other staff commenting on application: Joe Bongiorno
b
s) of Public Testjmonv:
L
Separation of the proposed dog park/proposed development
from the common area jn
e adjacent multi -family development to the east
(applicant stated area would be
enclosed with a 4 -foot tall open vision fence around
the doe
nark with a fence around the
entireevelopinent):
ii
Improvement and clean-up of the canal area along
the southern
boundary of the site
(applicant stated area is in the process o(heing
cleaned up).
c�
Key
Issues of Discussion by Council:
h
R-15 vs. the requested R-40 zoning district
ih
Provision of a safe location for students to wait
for the school
bus.
'u'
Access for the site via Locust Grove and Wilson
Lane and
associated traffic issues
d�
Key
Council Changes to Commission Recommendation
L
Add a provision requiring a safe location for
children to
wait for the school bus to be
provided on the site: location of which based
on recommendation
by the school district
(see condition #1.1.3f in Exhibit B).
iL
Council approved a waiver to UDC 11-3A-6 to
allow the
Settler's Canal/Jackson Drain
o remain open and not be piped along the southern
boundary of the site (see condition
'ti
#l.l�lgl•
Council approved a waiver to UDC 11-3A-3
for access
via Locust Grove Roa_ d, an
arterial street (see condition
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to recommend approval to the City
Council of File Number H-2016-0076, as presented in the staff report for the hearing date of August
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 Number H-2016-0076, as presented during the hearing on August 18, 2016, for the
following reasons: (You should state specific reasons for denial)
Little Creek Subdivision —AZ, CUP, PP H-2016-0076 PAGE 2
EXHIBIT A
Continuance
I move to continue File Number H-2016-0076 to the hearing date of (insert continued hearing date
here) for the following reason(s): (You should state specific reason(s) for continuance.)
IV. APPLICATION AND PROPERTY FACTS
A. Site Address/Location:
The site is located at 1470 N. Locust Grove Road, in the northwest'/4 of Section 8, Township 3
North, Range 1 East. (Parcel #: R7104253800)
B. Owner(s):
In Perspective, LLC
P.O. Box 7846
Boise, ID 83707
C. Applicant:
David Alexander
PO Box 7846
Boise, ID 83707
D. Representative:
Scott Wonders, JUB Engineers, Inc.
250 S. Beechwood Ave., Ste, 201
Boise, Idaho 83709
E. Applicant's Statement/Justification: Please see applicant's narrative for this information.
V. PROCESS FACTS
A. The subject application is for annexation and zoning, conditional use permit and preliminary plat.
A public hearing is required before the Planning & Zoning Commission and City Council on
these applications, consistent with Meridian City Code Title 11, Chapter 5.
B. Newspaper notifications published on: July 18 and August 1, 2016 (Commission); August 29 and
September 12, 2016 (City Council)
C. Radius notices mailed to properties within 300 feet on: July 21, 2016 (Commission); August 30,
2016 (City Council)
D. Applicant posted notice on site(s) on: August 8, 2016 (Commission); September 9, 2016 Wit
Council
VI. LAND USE
A. Existing Land Use(s) and Zoning: This site consists of rural residential property with an existing
home, zoned RUT in Ada County.
B. Character of Surrounding Area and Adjacent Land Use and Zoning:
1. North: Commercial businesses, zoned C -G
2. East: Multi -family residential (4-plex apartments), zoned R-40
3. South: Vacant/undeveloped property and an ACHD storm drainage facility, zoned C -G and
L -O respectively
4. West: Single-family attached homes in Locust Grove Place, zoned R-40; and a wrecking
yard, zoned C2 in Ada County
Little Creek Subdivision —AZ, CUP, PP H-2016-0076 PAGE 3
EXHIBIT A
C, History of Previous Actions: This property was previously platted as Lots 18-20 INC, Pleasant
Valley Subdivision.
D. Utilities:
1. Public Works:
a. Location of sewer: Sanitary sewer mains intended to provide service to the subject site
currently exist in E. Wilson Lane.
b. Location of water: Water mains intended to provide service to the subject site currently
exist in E. Wilson Lane.
c. Issues or concerns: None
E. Physical Features:
1. Canals/Ditches Irrigation: Settler's Canal runs along the southern boundary of this site.
2. Hazards: Staff is not aware of any hazards that exist on this property.
3. Flood Plain: This site is not located in the Meridian Floodplain Overlay District.
VII. COMPREHENSIVE PLAN POLICIES AND GOALS
The subject property is designated High -Density Residential (HDR) on the Future Land Use Map
(FLUM) contained in the Comprehensive Plan. HDR designated areas allow for the development of
multi -family homes in areas where urban services are provided. Residential gross densities may
exceed 15 dwelling units per acre. Development might include duplexes, apartment buildings,
townhouses, and other multi -unit structures. Developments need to incorporate high quality
architectural design and materials and thoughtful site design to ensure quality of place and should also
incorporate high quality architectural design and materials and thoughtful site design that incorporate
connectivity with adjacent uses and area pathways, attractive landscaping and individual project
identity.
The applicant proposes to develop the site with fifty-one (51) 4-plex structures containing a total of
204 dwelling units at a gross density of 12.87 units/acre and a net density of 16.68 units/acre. The
proposed zoning of R-40 is consistent with the HDR FLUM designation; however, the proposed
density falls within the density range desired in MHDR designated areas of 8 to 15 units/acre,
which is slightly below that of 15+ units/acre desired in HDR designated areas. The proposed
density will require approval of a "step" down in density from HDR to MIIDR by City Council.
Note: In residential areas, other residential densities (within one "step') will be considered without
requiring a Comprehensive Plan Amendment (pg. 21).
MHDR designated areas allow for the development of a mix of relatively dense residential housing
types including townhouses, condominiums and apartments. Residential gross densities should range
from 8 to 15 units/acre with a target density of 12 units/acre. These are relatively compact areas
within the context of larger neighborhoods and are typically located around or near mixed use
commercial or employment areas to provide convenient access to services and jobs fore residents.
Developments need to incorporate high quality architectural design and materials and thoughod site
design to ensure quality ofplace and should also incorporate connectivity with adjacent uses and
area pathways, attractive landscaping and individual project identity.
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):
Little Creek Subdivision —AZ, CUP, PP H-2016-0076 PAGE 4
EXHIBIT A
"Support a variety of residential categories (low-, medium-, medium-high and high-density
single-family, multi -family, townhouses, duplexes, apartments, condominiums, etc.) for the
purpose of providing the City with a range of affordable housing opportunities." (3.07.01E)
77he proposed MHDR development will contribute to the variety of residential categories that
currently exist in this area (i.e. medium and medium-high. densio). Staff is tmaware of how
"affordable" the tints will be.
"Provide housing options close to employment and shopping centers." (3.07.02D)
Because of its location in close proximity to employment and shopping centers along
Fairview Avenue and Eagle Road, this property is ideal for providing higher density housing
options.
"Locate high-density development, where possible, near open space corridors or other
permanent major open space and park facilities, Old Town, and near major access
thoroughfares." (3.07.02N)
The proposed MHDR development is located in close proximity to major access
thoroughfares (i.e. 1-84, E. Fairview Avenue, and SH-551Eagle Road) within the City. It's
also within a couple miles of Kleiner Park, a regional 60 -acre City park northeast of this site.
A segment of the City's regional pathway system is also designated on this site along the
soutthern botmdar)) adjacent to the Settler's Canal.
"Protect existing residential properties from incompatible land use development on adjacent
parcels." (3.06.01F)
The proposed multi family 4 plexes should be compatible with the same use to the east,
attached residential units to the west across Locust Grove Road and commercial uses to the
north across Wilson Lane.
"Require all new and reconstructed parking lots to provide landscaping in internal islands and
along streets." (2.01.04B)
Landscaping is proposed within planter islands in the parldng areas on this site as shown on
the landscape plan attached in Exhibit A.4.
"Require common area in all subdivisions." (3.07.02F)
Common area is required within this development in accord with the standards listed in UDC
11 -3G -3B and 11-4-3-27C.
"Permit new development only where urban services can be reasonably provided at the time
of final approval and development is contiguous to the City." (3.01.01F)
This property is contiguous to land that has already been annexed into the City. Urban
services can be provided to this property upon development.
"Require pedestrian access connectors in all new development to link subdivisions together to
promote neighborhood connectivity as part of the community pathway system." (3.03.03B)
The proposed 10 foot wide pathway along the Settler's Canal at the southern boundary of the
site will connect to an existing segment of the City's regional pathway system at the east
boundary of the site and to the west providing pedestrian connectivity between
neighborhoods.
"Consider the adopted COMPASS regional long-range transportation plan in all land -use
decisions. " (3.03.02G)
Little Creek Subdivision —AZ, CUP, PP H-2016-0076 PAGE 5
EXHIBIT A
The proposed development supports 11 Communities in Motion (CIM) 2040 checklist items
and does not support 9 CIM 2040 checklist items (see CIM 2040 Development Checklist
included in the public record for more information). The checklist recornnrends
consideration of the provision of a safe location for students to wait for school busing, and
alignment of the proposed pathway along the Settler's Canal in accord with the 2015
Meridian Pathways Network Plan.
VIII. UNIFIED DEVELOPMENT CODE (UDC)
A. Purpose Statement of Zoning District: 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 (UDC 11-2A-1). The high-
density residential (R-40) district allows a maximum gross densioJ of 40 dwelling units per acre.
B. Schedule of Use: UDC Table 11-2A-2 lists the principal permitted (P), accessory (A), conditional
(C), and prohibited (-) uses in the proposed R-40 zoning district. Any use not explicitly listed is
prohibited. A multi family development is listed as a conditional use in the R-40 district.
C. Dimensional Standards: Development of the site should be consistent with the dimensional
standards listed in UDC Table 11-2A-8 for the R-40 district.
D. Landscaping: Landscaping is required within parking areas in accordance with the standards
listed in UDC 11-313-8C and within common areas in accord with UDC 11-3G-3 and 11-4-3-27F.
E. Off -Street Parking: Off-street parking is required in accord with UDC Table 11-3C-6 for multi-
family dwellings.
F. Structure and Site Design Standards: The proposed multi -family development must comply with
the design standards in accord with UDC I 1-3A-19 and the Architectural Standards Manual.
IX. ANALYSIS
Analysis of Facts Leading to Staff Recommendation,:
A. Annexation & Zoning (AZ):
The applicant requests approval to annex & zone 17 acres of land with an R-40 zoning district
consistent with the HDR FLUM designation for this site.
The applicant has submitted a site plan, included in Exhibit A.2, that depicts (51) 4-plex
structures with a total of 204 dwelling units. These structures are proposed to be located on
individual lots.
The proposed R-40 zoning and multi -family development is consistent with the property to the
east which is also zoned R-40 and consists of multi -family residential uses (4-plex apartments)
and provides a transition from the commercial uses to the north to the future mixed use
development to the south (Pinebridge).
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 and
recommended by staff with this application, staff recommends a DA is required as a provision of
annexation with the provisions included in Exhibit B.
Little Creek Subdivision —AZ, CUP, PP H-2016-0076 PAGE 6
EXHIBIT A
B. Conditional Use Permit (CUP):
A CUP is requested for a multi -family development in the proposed R-40 zoning district as
required by UDC Table 11-2A-2.
The proposed multi -family development consists of a total of 204 dwelling units in (51) 4-plex
structures on 15.85 acres of land in a proposed R-40 zoning district. The units consist of a mix of
2 and 3 bedroom units.
Note: Since the CUP application was submitted, a revised site plan has been submitted that
reflects compliance with ACHD's requirements for access; staff's comments are based on the
revised plan (see Exhibit A.2).
Specific Use Standards: The specific use standards for multi -family developments listed in UDC
11-4-3-27 apply to development of this site as follows: (Staff's comments in italics)
A minimum of 80 square feet (s.f) of private useable open space is required to be
provided for each unit. The floor plans submitted with this application depict 80+ s f.
patios for each unit in compliance with this requirement.
Developments with 20 units or more shall provide a property management office, a
maintenance storage area, a central mailbox location with provisions for parcel mail that
provides safe pedestrian and/or vehicular access and a directory map of the development
at an entrance or convenient location for those entering the development. The site plan
submitted with the Certificate of Zoning Compliance application should depict these
items.
At a minimum, 250 s.f, of cormnon open space is required for each unit containing more
than 500 s.f. and up to 1,200 s.f, of living area. All of the proposed units are between 500
and 1,200 square feet; therefore, a minimum. of 51, 000 square feet or 1.17 acres of
common open space is required for this development in addition to the 10 percent
required by UDC 11-3G-3.
For multi -family developments with 75 units or more, 4 site amenities are required to be
provided with at least one from each category listed in UDC 11-4-3-27D. For
developments with more than 100 units, the decision making body shall require
additional amenities commensurate to the size of the proposed development. The
applicant proposes 2 gazebos, a swimming pool, a clubhouse with an exercise room and
a lounge area, a 50'x 100' open grassy area, walking trails, a dog park, a tot lot and a
segment of the City's multi-itse pathway system as amenities in compliance with UDC
standards. These amenities fall within the quality of life, open space and recreation
categories as required.
Landscaping is required to comply with UDC 11-4-3-27-F. All street facing elevations
shall have landscaping along their foundation as follows: the landscaped area shall be at
least 3 -feet wide and have an evergreen shrub with a rninimum mature height of 24
inches for every 3 linear feet of foundation. The remainder of the area shall be landscaped
with ground cover plans. The landscape plan submitted with the Certificate of Zoning
Compliance should comply with this requirement for the sides of the structures that
face E. Wilson Lane andN. Locust Grove Road.
The development is required to record legally binding documents that state the
maintenance and ownership responsibilities for the management of the development,
including, but not limited to, structures, parking, common areas, and other development
features. The applicant should submit documentation of compliance with this
requirementprior to issuance of Certificate of Occupancy.
Little Creek Subdivision —AZ, CUP, PP H-2016-0076 PAGE 7
EXHIBIT A
Parking: For multi -family developments, off-street parking is required in accord with the
standards listed in UDC Table 11-3C-6, which requires 2 parking spaces per dwelling unit with at
least one of those in a covered carport or garage. Based on (204) 2- and 3 -bedroom units, a
minimum of 408 parking spaces are required, 204 of which should be covered. The site plan
depicts a total of 489 spaces, 208 of which are covered, which complies with and exceeds UDC
standards by a total of 81 spaces.
For non-residential uses such as the clubhouse, a minimum of one space is required to be
provided for every 500 square feet (s.£) of gross floor area in accord with the standards listed in
UDC 11 -3C -6B. Based on 6,000 s.f., a minimum of 12 spaces are required. A total of 12 parking
spaces are proposed for the clubhouse in accord with UDC standards.
A minimum of one bicycle parking space for every 25 proposed vehicle spaces or portion thereof
is required to be provided on the site per UDC 11 -3C -6G in accord with the standards listed in
UDC 11 -3C -5C. Based on 489 vehicle spaces proposed, a minimum of 20 bicycle spaces in
bicycle racks are required to be interspersed throughout the development. No bicycle
parking facilities are depicted on the plans. The plans submitted with the Certificate of
Zoning Compliance application should depict the location of the bicycle racks.
Landscaping: Parking lot landscaping is required to be provided in accord with the standards
listed in UDC 11 -3B -8C. A buffer to adjoining land uses is not required as the existing and
proposed uses are all residential in nature and the proposed zoning is R-40. A 25 -foot wide street
buffer is required to be provided along N. Locust Grove Road, an arterial street per UDC Table
11-2A-8, and must be landscaped in accord with the standards listed in UDC 11 -3B-7C (no buffer
is required in the R-40 district along E. Wilson Lane, a local street). The landscape plan needs
to be revised consistent with the changes to the site plan/preliminary plat required by
ACRD in Exhibits A.2 and A.3.
Mitigation: There are existing trees on this site. The applicant is required to comply with the
mitigation standards listed in UDC 11 -3B -10C.5 for any existing trees 4 -inch caliper or greater
that are removed from the site. Contact Elroy Huff, City Arborist (208-371-1755), prior to
removal of any existing trees from the site.
Building Elevations: Only one building type is proposed for the future multi -family structures
within the development as shown in Exhibit A.S. Staff recommends additional building types
with a mix of colors and materials are provided for variety within the development as set
forth in the Architectural Standards Manual.
The architectural character of the structures shall comply with the standards listed in the City of
Meridian Architectural Standards Manual. The elevations submitted with the Certificate of
Zoning Compliance application should demonstrate compliance with those standards.
Certificate of Zoning Compliance: The applicant is required to obtain approval of a Certificate
of Zoning Compliance application for establishment of the new use and to ensure all site
improvements comply with the provisions of the UDC and the conditions in this report prior to
construction, in accord with UDC 11-5B-1.
Design Review: The applicant is required to submit an application for Design Review concurrent
with the Certificate of Zoning Compliance application in accord with UDC 11-5B-8. The site and
building design is required to be generally consistent with the elevations and site plan submitted
with this application and the standards listed in UDC 11-3A-19 and the City of Meridian
Architectural Standards Manual.
C. Preliminary Plat (PP):
Little Creek Subdivision —AZ, CUP, PP H-2016-0076 PAGE 8
EXHIBIT A
The applicant proposes to re -subdivide Lots 18-20 INC, Pleasant Valley Subdivision. The
proposed plat consists of 51 building lots and 3 common lots on 15.85 acres of land in the
proposed R-40 zoning district. The smallest lot is 5,494 square feet (s.£) with an average lots size
of 6,707 s.f. A phasing plan was submitted as shown in Exhibit A.3 that proposes 2 phases of
development, starting on the eastern portion of the site.
Note: Since the preliniinai)� plat application was submitted, a revised plat has been submitted
that reflects compliance with ACHD's requirementsfor access; staff's comments are based on the
revised plat (see Exhibit A.3).
Existing Structures: There is an existing home and accessory structures on this site. All
structures are required to be removed prior to City Engineer signature on the final plat.
Dimensional Standards: Staff has reviewed the proposed plat for compliance with the
dimensional standards listed in UDC Table 11-2A.8 for the R-40 zoning district. All of the lots
comply with the minimum standards. Construction of buildings on the site should comply with
the setbacks for the R-40 district.
Access: Access to streets is required to comply with the standards listed in UDC 11-3A-3. The
proposed (revised) plat depicts two accesses for the development - one via E. Wilson Lane, a
local street at the north boundary of the site and one via N. Locust Grove Road, an arterial street
at the west boundary of the site.
The original plat submitted with this application depicts 2 accesses via Wilson Lane with no
access via Locust Grove Road (see Exhibit A.3). The ACHD report required the driveway nearest
the Wilson/Locust Grove intersection to be located a minimum of 500 feet east of Locust Grove
Road; and the existing driveway via Locust Grove (located approximately 300 feet south of the
Wilson/Locust Grove intersection) to remain and serve as a full -access driveway for the site. The
applicant revised the plat to comply with ACHD's requirements and removed the westernmost
access via Wilson Lane and included a full access via Locust Grove.
Because congestion is currently a problem at this intersection for traffic accessing Locust
Grove via Wilson, ACHD's traffic engineers determined a full access via Locust Grove
would help to improve the situation rather than having all of the traffic flowing through
Wilson; Staff supports the proposed accesses shown on the revised plat if Council approves
a waiver to UDC 11-3A-3 for an access via an arterial street.
Stub Streets/Street Improvements: There are no stub streets proposed to adjacent properties to
the east or south. The property to the east is already developed without a stub/access to this
property and connection to the south would require a bridge over the Settler's Canal.
ACHD is requiring additional right-of-way totaling 59 feet from centerline of N. Locust Grove
Road to be dedicated abutting the site. Wilson Lane is proposed to be completed as a 36 -foot
wide street section with curb, gutter and 5 -foot wide attached sidewalk abutting the site.
The Capital Improvement Plan (CIP)/Integrated Five Year Work Plan (IFYWP) includes the
widening of the Locust Grove/Fairview intersection to 7 -lanes on the north and south legs and 9 -
lanes on the east and west legs and to be signalized. Fairview Avenue is listed in the CIP for
corridor preservation for future widening to 7 -lanes from Meridian Road to Eagle Road between
2017 and 2021. Locust Grove is listed in the CIP to be widened to 5 -lanes from Fairview to
Ustick between 2017 and 2021.
Traffic Impact Study (TIS): A TIS was prepared by Thompson Engineering for this project; a
summary of which can be found in the ACHD report.
Landscaping: A 25 -foot wide street buffer is required along N. Locust Grove Road, an arterial
street, per UDC Table 11-2A-8 in accord with the standards listed in UDC 11 -3B -7C; street
Little Creek Subdivision —AZ, CUP, PP H-2016-0076 PAGE 9
EXHIBIT A
buffers are not required along local streets (i.e. Wilson Lane) in residential districts. The street
buffer is required to be on a common lot maintained by a homeowner's association. The
landscape plan needs to be revised consistent with the changes to the site plan/preliminary
plat required by ACHD in Exhibits A.2 and A.3.
Open Space: A minimum of 10% (or 1,59 acres) of the area of the site is required to consist of
qualified open space in accord with the standards listed in UDC 11 -3G -3B in addition to that
required by UDC 11-4-3-27 for multi -family developments (1.17 acres) for a total of 2.76 acres.
A total of 3.07 acres (or 19.36%) of open space is proposed consisting of half of the street buffer
along Locust Grove Road, a 20 -foot wide linear open space area along Wilson Lane, common
area where the clubhouse, swimming pool and tot lot is located and miscellaneous open grassy
areas that are a minimum of 20' x 20' in area (see Exhibit A.2).
Because there is existing common open space abutting the east boundary of this site
adjacent to proposed Lots 17,18 and 21 that is part of the adjacent multi -family
development, staff recommends relocating the common area (dog park) proposed along the
south side of Lots 20 & 21 to the north side of those lots. This will provide a view corridor to
the existing common area instead of "walling" it off with buildings and provide more
separation between structures and open space for recreation visible from the 4 abutting
structures.
Site Amenities: A minimum of one qualified site amenity that meets the requirements listed in
UDC 11 -3G -3C is required to be provided within this development in addition those required by
UDC 11-4-3-27 for multi -family developments (see CUP analysis above).
The applicant proposes 2 gazebos, a swimming pool, a clubhouse with an exercise room and a
lounge area, a 50' x 100' open grassy area, walking trails, a dog park, a tot lot and a segment of
the City's multi -use pathway system as amenities in compliance with UDC standards. The
common areas where the gazebos, swimming pool, clubhouse, tot lot and dog park are located are
proposed in the first phase of development.
Pathway: A 10 -foot wide multi -use pathway is proposed along the north side of the Settler's
Canal along the southern boundary of this site in accord with the Pathways Master Plan.
Sidewalks/pathways are proposed adjacent to parking areas and around buildings which provide
pedestrian access to dwelling units, common areas and site amenities. Connections should be
provided to the sidewalks along Locust Grove and Wilson Lane from internal pathways.
Waterways: The Settler's Canal/Jackson Drain runs along the southern boundary of this site.
Because the centerline of the ditch lies on the property line and is a very large drain that is
approximately 15 feet deep, the applicant requests a waiver to UDC 11 -3A -6A.3 which requires
all irrigation ditches/laterals/canals/drains to be piped. City Council may waive the requirement
for large capacity facilities.
Fencing: A 6 -foot tall open vision fence, having an 11-guage, 2 -inch mesh or other construction,
equivalent in ability to deter access to the waterway is required along the Settler's Canal/Jackson
Drain unless the drain is improved as a water amenity as set forth in UDC 11-1A-1.
Sidewalks: Sidewalks are required to be provided with development in accord with the standards
listed in UDC 11-3A-17. A 7 -foot wide attached sidewalk exists along Locust Grove Road; no
sidewalk exists along Wilson Lane. The UDC requires detached sidewalks to be provided along
arterial streets (i.e. Locust Grove); however, because the sidewalk along Locust Grove is fairly
new, staff does not recommend it is torn out and reconstructed. Staff recommends a 5 -foot wide
attached sidewalk is constructed along Wilson Lane as proposed,
Utilities: Street lights are required to be installed along public streets adjacent to the development
in accord with the City's adopted standards, specifications and ordinances. All development is
Little Creek Subdivision —AZ, CUP, PP H-2016-0076 PAGE 10
EXHIBIT A
required to connect to the City water and sewer system unless otherwise approved by the City
Engineer in accord with UDC 11-3A-21. Adequate fire protection shall be required in accord with
the appropriate fire district standards.
Pressurized Irrigation: An underground pressurized irrigation system is required to be provided
for the development in accord with UDC 11-3A-15 as proposed and will be served by the Nampa
& Meridian and Settler's Irrigation Districts.
Storm Drainage: An adequate storm drainage system is required in all developments in accord
with the City's adopted standards, specifications, and ordinances, per UDC 11-3A-18.
Stormwater is proposed to be retained on-site in seepage beds.
In stmnmmy, Staff recommends approval of the proposed AZ, CUP and PP applications with the
development agreement provisions and conditions inchtded in Exhibit of this report in accord
with the findings contained in Exhibit if Cotancil determines a "step " down in density fi°om
HDR to MHDR is appropriate for this site.
X. EXHIBITS
A. Drawings/Other
1. Vicinity/Zoning Map
2. Proposed Site Concept Plan (dated: 6 8/16/16), Floor Plan & Open Space Exhibit (dated:
8/16/16)
3. Proposed Preliminary Plat & Phasing Plan (dated: 6/20/2016)
3. Proposed Landscape Plan (dated: 6/20/16) (NOT APPROVED)
4. Proposed Building Elevations & Renderings
B. Agency & Department Comments
C. Legal Description & Exhibit Map for Annexation & Zoning Boundary
D. Required Findings from Unified Development Code
Little Creek Subdivision —AZ, CUP, PP H-2016-0076 PAGE 11
EXHIBIT A
A. Drawings/Other
Exhibit A.l: Zoning Map
Exhibit A Page 1
EXHIBIT A
Exhibit A.2: Proposed Site Concept Plan (dated: 7/1/16 8/16/16), Floor Plan & Open Space Exhibit
(dated: 8/16/16)
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Exhibit A.S: Proposed Building Elevations & Renderings
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-9-
EXHIBIT A
B. EXHIBIT B - AGENCY & DEPARTMENT COMMENTS
1. PLANNING DEPARTMENT
1.1.1 A Development Agreement (DA) is required as a provision of annexation of this property. Prior
to the annexation ordinance approval, a DA shall be entered into between the City of Meridian,
the property owner(s) at the time of annexation ordinance adoption, and the developer.
Currently, a fee of $303.00 shall be paid by the applicant to the Planning Division prior to
commencement of the DA. The DA shall be signed by the property owner and returned to the
Planning Division within six (6) months of the City Council granting annexation. The DA shall,
at minimum, incorporate the following provisions:
a. The existing home and associated outbuildings shall be removed from the site prior to
signature on the final plat by the City Engineer.
b. Future development of this site shall substantially comply with the preliminary plat, site plan
and landscape plan included in Exhibit A and the conditions contained herein.
c. A maximum of 204 residential dwelling units shall be constructed within this development.
d. Future development shall comply with the design standards listed in UDC 11-3A-19 and the
City of Meridian Architectural Standards Manual (ASM). Additional build-ifig types shall be
provided that inelude a mix of eolefs and materials for variety within in
aecord with the ASM (Goal R1.20).
Windows are required on all elevations that face areas used for children's recreation to allow
views of these areas, including those on Lots 17, 18 and 21 that face the conunon area on the
adjacent development to the east.
e. At a minimum, site amenities shall be provided for this development from each of the
amenity categories as follows: a clubhouse with an exercise facility and lounge area, 2
gazebos, a tot lot, and a dog park (or open space) as quality of life amenities; a 50' x 100'
open grassy area as an open space amenity; and a segment of the City's multi -use pathway
system, a swimming pool, tot lot with children's play equipment and walking trails as
recreation amenities in accord with the standards listed in UDC 11 -3G -3C and 11-4-3-27D.
f A minimum of 2.76 acres of qualified open space shall be provided within this development
as set forth in UDC 11-3G-3 and 11-4-3-27.
g. The Settler's Canal/jaekson Drain w-hieh runs along the southern boundary of this site shall
be piped or othevAse eovered as set fefth in UDG 11 3A 6A.3, unless a waiver- is approved—
Council
approved a waiver to UDC 11 -3A -6A.3 to allow the Settler's Canal/Jackson Drain to remain
open and not be pined along the southern boundary of the site.
1.1.2 The developer shall comply with the specific use standards for multi -family developments listed
in UDC 11-4-3-27, including but not limited to the following:
a. The applicant shall record legally binding documents that state the maintenance and
ownership responsibilities for the management of the development, including, but not limited
to, structures, parking, common areas, and other development features, per UDC 11-4-3-27G.
A recorded copy shall be submitted to the City prior to issuance of Certificate of Occupancy
for the first structure within the development.
b. Submit floor plans for the units that demonstrate compliance with UDC 11-4-3-2713.3 which
requires a minimum of 80 square feet (s.f.) of private useable open space to be provided for
-10-
EXHIBIT A
each unit.
1.1.3 The revised site plan included in Exhibit A.2, dated July 1, 2016, shall be modified as follows:
a. Depict a property management office, a maintenance storage area, a central mailbox location
with provisions for parcel mail that provides safe pedestrian and/or vehicular access and a
directory map of the development at an entrance or convenient location for those entering the
development in accord with UDC 11-4-3-27B.7.
b. Depict bicycle racks interspersed throughout the development with a minimum total of 20
bicycle spaces in accord with UDC 11 -3C -5C and 11 -3C -6G.
c. Depict a 6 -foot tall open vision fence with an 11-guage, 2 -inch mesh or other construction,
equivalent in ability to deter access to the waterway (Settler's Canal/Jackson Drain); or,
improve the drain as a water amenity as set forth in UDC 11-1A, per UDC 11 -3A -6B.
d. Depict pathway connections to the sidewalks along Locust Grove and Wilson Lane from
internal pathways.
e. Relocate the common area (depicted as a dog park) on the south side of Lots 20 and 21 to the
north side of these lots Lots 18 and 19. Block 1.
f. Depict a safe location for children to wait for the school bus as set forth in the adopted
COMPASS regional long-range transportation plan; location of which as recommended by
the school district.
1.1.4 The landscape plan included in Exhibit A.4, dated June 20, 2016, shall be revised as follows:
a. All elevations that face E. Wilson Lane and N. Locust Grove Road shall have landscaping
along their foundations that comply with the minimum standards listed in UDC 11-4-3-27E.2.
b. Revise the landscape plan to coineide with the fevised site layeat.
1.1.5 The revised preliminary plat included in Exhibit A.3, dated August 11, 2016, is approved as
submitted unk-ss Council does not ver to UPC U 3A 3 for- aeeess via Loeust
Gr-ove Road. In sueh case, the plat (and assoeiated plans) should be revised to refleet aeeess
.^ ` bison Lane. Council approved a tvaiver to UDC 11-3A-3 for access via Locust Grove
Road.
1.1.6 All fencing shall comply with the standards listed in UDC 11-3A-6 and 11-3A-7.
1.1.7 All storm drainage areas included in the qualified open space calculations shall comply with the
standards listed in UDC 11-3B-11, Stormwater Integration.
1.2 General Conditions of Approval
1.2.1 Comply with all bulls, use, and development standards of the applicable district listed in UDC
Chapter 2 District regulations.
1.2.2 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set
forth in UDC 11-3A-6.
1.2.3 Install lighting consistent with the provisions as set forth in UDC 11-3A-11.
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.
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EXHIBIT A
1.2.7 Construct all off-street parking areas consistent with the standards as set forth in UDC 11 -3B -5I,
11 -3B -8C, and Chapter 3 Article C.
1.2.8 Construct the required landscape buffers consistent with the standards as set forth in UDC 11 -3B -
7C (streets).
1.2.9 Construct storm water integration facilities that meet the standards as set forth in UDC 11 -3B -
11C.
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 Provide bicycle parking spaces as set forth in UDC 11 -3C -6G consistent with the design
standards as set forth in UDC 11 -3C -5C.
1.2.12 Comply with the outdoor service and equipment area standards as set forth in UDC 11-3A-12.
1.2.13 Construct all required landscape areas used for storm water integration consistent with the
standards as set forth in UDC 11 -3B -11C.
1.2.14 Comply with the structure and site design standards, as set forth in UDC 11-3A-19 and the
guidelines set forth in the City of Meridian Standards Manual.
1.2.15 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle.
1.2.16 Low pressure sodium lighting shall be prohibited as an exterior lighting source on the site.
1.2.17 All fencing constructed on the site shall comply with the standards as set forth in UDC 11-3A-7
and 11 -3A -6B as applicable.
1.3 Ongoing Conditions of Approval
1.3.1 The conditional use may only be transferred or modified consistent with the provisions as set forth
in UDC 11 -5B -6G. The applicant shall contact Planning Division staff regarding any proposed
modification and/or transfer of ownership.
1.3.2 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.
1.4 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 conditional use approval shall be null and void if the applicant fails to 1) commence the use
within two years as set forth in UDC 11 -5B -6F1 or 2) gain approval of a time extension as set
forth in UDC 11-5B-6174.
1.4.3 The preliminary plat approval shall be null and void if the applicant fails to obtain City Engineer
signature on a final plat within two (2) years of approval of the preliminary plat; or, obtain
approval of a time extension as set forth in UDC 11-6B-7.
1.4.4 The applicant shall submit and obtain approval of a Certificate of Zoning Compliance and Design
Review application from the Planning Division, prior to submittal of any building permit
application.
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EXHIBIT A
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 final plat application. Street light plan
requirements are listed in section 6-7 of the City's Design Standards. A copy of the standards can
be found at http://www.i-neridiancity.org/public works.aspx?id=272. The plan will need to
include the installation of Type 2 lighting along E Wilson Lane, and a type 1 (LED fixture at a 35'
mounting heights with at 12' mast arm) light on Locust Grove Road, 300' south of Wilson Lane.
2.1.2 Applicant shall minimize dead end water mains, and shall install fire hydrants at dead ends in lieu
of blow -offs.
2.1.3 The timing for the issuance of building permits shall be after the satisfactory completion of the
following pre -requisite items:
a. The domestic water system shall be installed, tested, and activated so that fire hydrants
are available during construction.
b. The sanitary sewer system shall be installed and tested.
C. At a minimum, a compacted gravel road base shall be in place that will support the
weight of a fire apparatus (75,000 lbs).
d. At a minimum, temporary street signs will need to be in place.
2.2 General Conditions of Approval
2.2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works
Department, and execute standard forms of easements for any mains that are required to provide
service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover
from top of pipe to sub -grade is less than three feet than alternate materials shall be used in
conformance of City of Meridian Public Works Departments Standard Specifications.
2.2.2 Per Meridian City Code (MCC), the applicant shall be responsible to install sewer and water
mains to and through this development. Applicant may be eligible for a reimbursement
agreement for infrastructure enhancement per MCC 8-6-5.
2.2.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of
way (include all water services and hydrants). The easement widths shall be 20 -feet wide for a
single utility, or 30 -feet wide for two. The easements shall not be dedicated via the plat, but
rather dedicated outside the plat process using the City of Meridian's standard forms. The
easement shall be graphically depicted on the plat for reference purposes. Submit an executed
easement (on the form available from Public Works), a legal description prepared by an Idaho
Licensed Professional Land Surveyor, which must include the area of the easement (marked
EXHIBIT A) and an 81/2" x 11" map with bearings and distances (marked EXHIBIT B) for
review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor, DO
NOT RECORD. Add a note to the plat referencing this document. All easements must be
submitted, reviewed, and approved prior to development plan approval.
2.2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water (MCC 9-1-28C1). 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
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EXHIBIT A
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 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.
2.2.10 All development improvements, including but not limited to sewer and water, fencing, micro -
paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining
certificates of occupancy.
2.2.11 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.
2.2.12 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.
2.2.13 Applicant shall be responsible for application and compliance with any Section 404 Permitting
that may be required by the Army Corps of Engineers.
2.2.14 Developer shall coordinate mailbox locations with the Meridian Post Office.
2.2.15 All grading of the site shall be performed in conformance with MCC 11-1-413.
2.2.16 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.
2.2.17 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.
2.2.18 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 ACRD. 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.
2.2.19 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.
2.2.20 100 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.
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EXHIBIT A
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.
2.2.21 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 insist file an application for surety, which can be found on the
Comtnunity Development Department website. Please contact Land Development Service for
more information at 887-2211.
2.2.22 The City of Meridian requires that the owner post to the City a warranty surety in the amount of
20% of the total construction cost for all completed sewer, water and reuse infrastructure for
duration of two years. This surety will be verified by a line item cost estimate provided by the
owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash
deposit or bond. Applicant must file an application for surety, which can be found on the
Community Development Department website. Please contact Land Development Service for
more information at 887-221.
3. POLICE DEPARTMENT
3.1 The Police Department has no comments on this application.
4. FIRE DEPARTMENT
4.1 Any newly installed Fire Department connections for sprinkler or standpipes will require locking
Knox box plugs.
4.2 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 41/2" outlet face the main str eet 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'/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.
4.3 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.
4.4 All conn -non driveways shall be straight or have a turning radius of 28' inside and 48' outside and
have a clear driving surface of 20' in width capable of supporting an imposed weight of 75,000
GVW, per International Fire Code Section 503.2.
4.5 Private Alleys and Fire Lanes shall have a 20' wide improved surface capable of supporting an
imposed load of 75,000 lbs. All roadways shall be marked in accordance with Appendix D
Section D103.6 Signs.
4.6 Provide signage ("No Parking Fire Lane") for all fire lanes in accordance with International Fire
Code Sections 503.4 & D 103.6.
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EXHIBIT A
4.7 Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set forth
in International Fire Code Section 304.1.2.
4.8 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.
4.9 Operational fire hydrants, temporary or permanent street signs, and access roads with an all-weather
surface are required to be installed before combustible constiuction 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.
4.10 Commercial and office occupancies will require a fire -flow consistent with International Fire
Code Appendix B to sei vice the proposed project. Fire hydrants shall be placed per Appendix C.
4.11 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)
4.12 Maintain a separation of 5' from the building to the dumpster enclosure as set forth in International
Fire Code Section 304.3.3.
4.13 Provide a Knox box entry system for the complex prior to occupancy as set forth in International Fire
Code Section 506.
4.14 The first digit of the Apartment/Office Suite shall correspond to the floor level as set forth in
International Fire Code Section 505.1.
4.15 All portions of the buildings located on this project must be within 150' of a paved surface as
measured around the perimeter of the building as set forth in International Fire Code Section 503,1.1.
4.16 Where a portion of the facility or building hereafter constructed or moved into or within the
jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as
measured by an approved route around the exterior of the facility or building, on-site fire hydrants
and mains shall be provided where required by the code official as set forth in International Fire
Code Section 507.5.1. For buildings equipped throughout with an approved automatic sprinkler
system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be
600 feet (183).
a, For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m).
b. For buildings equipped throughout with an approved automatic sprinkler system installed in
accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183
m).
4.17 All R-2 occupancies with 3 or more units shall be required to be fire sprinkled as set forth in
International Fire Code Section 903.2.8.
4,18 The Fire Department will require Knoxbox Fire Department Connection caps on all FDC inlets. IFC
102.9
4.19 Buildings over 30' in height are required to have access roads in accordance with the International
Fire Code Appendix D Section D105,
4.20 Emergency response routes and fire lanes shall not be allowed to have traffic calming devices
installed without prior approval of the Fire Code Official. National Fire Protection Standard 1141,
Section A5.2.18.
-16-
EXHIBIT A
5. REPUBLIC SERVICES
5.1 Coordinate with Bob Olson, Republic Services (208-345-1265) on the location and design of
trash enclosures prior to submittal of the Certificate of Zoning Compliance application.
6. PARKS DEPARTMENT
6.1 The applicant is required to comply with the mitigation standards listed in UDC 11 -3B -10C.5
for any existing trees 4 -inch caliper or greater that are removed from the site. Contact Elroy
Huff, City Arborist (208-371-1755), prior to removal of any existing trees from the site.
6.2 Extend the 10 -foot wide multi -use pathway that exists on the property to the east along the
southern boundary of the site to the sidewalk along N. Locust Grove Road in accord with the
Pathways Master Plan.
7. ADA COUNTY HIGHWAY DISTRICT
7.1 Site Specific Conditions of Approval
7.1.1 Dedicate additional right-of-way to total 59 -feet from the centerline of Locust Grove Road
abutting the site.
7.1.2 Replace broken or deteriorated curb, gutter, or sidewalk on Locust Grove Road abutting the site.
7.1.3 Complete Wilson Lane as a 40 -foot street section with vertical curb, gutter, and a 5 -foot wide
attached concrete sidewalk abutting the site, as proposed.
7.1.4 Maintain the existing 30 -foot wide driveway onto Locust Grove Road located 300 -feet south of
Wilson Lane. Reconstruct the driveway as a curb return driveway with a 30 -foot radii. Pave the
driveway its full width at least 30 -feet into the site beyond the edge of pavement of Locust Grove
Road. This driveway may be widened to 36 -feet in width.
7.1.5 Construct two 54 -foot wide driveways onto Wilson Lane with two 21 -foot wide travel lanes and a
12 -foot wide center landscape island located 840 -feet east of Locust Grove Road, as proposed.
Pave the driveway its full width at least 30 feet into the site beyond the edge of pavement of
Wilson Lane.
7.1.6 Install "NO PARKING" signs on both sides of Wilson Lane from Locust Grove east 500 -feet.
7.1.7 Payment of impacts fees are due prior to issuance of a building permit.
7.1.8 Comply with all Standard Conditions of Approval.
7.2 Standard Conditions of Approval
7.2.1 All proposed irrigation facilities shall be located outside of the ACRD right-of-way (including all
easements). Any existing irrigation facilities shall be relocated outside of the ACRD right-of-way
(including all easements).
7.2.2 Private Utilities including sewer or water systems are prohibited from being located within the
ACHD right-of-way.
7.2.3 In accordance with District policy, 7203.3, the applicant may be required to update any existing
non-compliant pedestrian improvements abutting the site to meet current Americans with
Disabilities Act (ADA) requirements. The applicant's engineer should provide documentation of
ADA compliance to District Development Review staff for review.
7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the
construction of the proposed development. Contact Construction Services at 387-6280 (with file
number) for details.
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EXHIBIT A
7.2.5 A license agreement and compliance with the District's Tree Planter policy is required for all
landscaping proposed within ACED right-of-way or easement areas.
7.2.6 All utility relocation costs associated with improving street fiontages abutting the site shall be
borne by the developer.
7.2.7 It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The
applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The
applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business days
prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic
Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during
any phase of construction. Utility street cuts in pavement less than five years old are not allowed
unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258
(with file numbers) for details.
7.2.8 Utility street cuts in pavement less than five years old are not allowed unless approved in writing
by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for
details.
7.2.9 All design and construction shall be in accordance with the ACHD Policy Manual, ISPWC
Standards and approved supplements, Construction Services procedures and all applicable ACHD
Standards unless specifically waived herein. An engineer registered in the State of Idaho shall
prepare and certify all improvement plans.
7.2.10 Construction, use and property development shall be in conformance with all applicable
requirements of ACHD prior to District approval for occupancy.
7.2.11 No change in the terms and conditions of this approval shall be valid unless they are in writing
and signed by the applicant or the applicant's authorized representative and an authorized
representative of ACRD. The burden shall be upon the applicant to obtain written confirmation of
any change from ACRD.
7.2.12 If the site plan or use should change in the future, ACHD Planning Review will review the site
plan and may require additional improvements to the transportation system at that time. Any
change in the planned use of the property which is the subject of this application, shall require the
applicant to comply with ACHD Policy and Standard Conditions of Approval in place at that time
unless a waiver/variance of the requirements or other legal relief is granted by the ACHD
Commission.
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EXHIBIT A
Exhibit C: Legal Description & Exhibit Map for Annexation & Zoning Boundary
J-U•B ENGINEERS, INC.
U s t-)nriF,'11 III 5
Little Creek Subdivision
Annexation
Boundary Description
Project Number 10-15-124 July 5, 2016
;� 7NC 1 4APPINO
�.a��'CAN4nDN INC, 4
'', 4R4UP � I INC,
A portion of Pleasant Valley Subdivision (Book 12 of Plats at Page 665, records of Ada County, Idaho)
situated in the northwest quarter of Section 8, Township 3 North, Range 1 East, Boise Meridian,
Meridian City, Ada County, Idaho, and being more particularly described as follows:
Commencing at the northwest corner of Section 8, Township 3 North, Range 1 East, Boise Meridian, and
the northwest corner of Pleasant Valley Subdivision;
Thence S00°26'22"W, 454,99 feet along the west line of the northwest quarter and the west boundary
of Pleasant Valley Subdivision to the intersection with the centerline of East Wilson Lane, the POINT OF
BEGINNING:
Thence S89°59'19"E, 1038,24 feet along the centerline of East Wilson Lane to the west boundary
of Lot 7 of Pleasant Valley Subdivision;
Thence 500°26'35"W, 1014.79 feet along the west boundary of Lot 7 of Pleasant Valley
Subdivision, the east boundary of Lot 20 of Pleasant Valley Subdivision, and the west boundary
of Paddington Subdivision (Book 86 of Plats at Pages 9631 through 9634, records of Ada County,
Idaho) to the south boundary of Pleasant Valley Subdivision;
Thence N65°20'40"W, 295.71 feet along the south boundary of Pleasant Valley Subdivision;
Thence N55°25'16"W, 314.50 feet along the south boundary of Pleasant Valley Subdivision;
Thence N55°36'16"W, 612.62 feet along the south boundary of Pleasant Valley Subdivision to
the southwest corner of Pleasant Valley Subdivision and the west line of the northwest quarter;
Thence N00`26'22"E, 367.05 feet along the west line of the northwest quarter and the west
boundary of Pleasant Valley Subdivision to the POINT OF BEGINNING.
The above-described parcel contains 17.00 acres, more or less.
"11 4
Page 1 of 1
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EXHIBIT A
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Little Creek Subdivision
lrjm Annexation Boundary
_-yam A Portion of Pleasant Valley Subdivision Situated in the Northwest 1/4 o1
- w.arrNemecas,mc. Section 8, Township 3 NorUr, Range 1 East, eoise Meridien.
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EXHIBIT A
D. Required Findings from Unified Development Code
1. ANNEXATION & ZONING:
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 City Council finds that the proposed map amendment to R-40 is consistent with the HDR
FLUM designation for this site and should be compatible with existing and future uses in the
area. Therefore, the City Council finds the amendment is consistent with the applicable
provisions of the Comprehensive Plan (see section VII above for more information).
b. The map amendment complies with the regulations outlined for the proposed district,
specifically the purpose statement;
The City Council finds that the proposed map amendment to the R-40 zoning district is
consistent with the purpose statements of the residential districts as detailed in Section VIII
above.
c. The map amendment shall not be materially detrimental to the public health, safety,
and welfare;
The City Council finds that the proposed zoning amendment will not be detrimental to the
public health, safety, or welfare. City utilities will be extended at the expense of the applicant.
d. The map amendment shall not result in an adverse impact upon the delivery of services
by any political subdivision providing public services within the City including, but not
limited to, school districts; and,
The City Council finds that the proposed zoning amendment will not result in any adverse
impact upon the delivery of services by any political subdivision providing services to this
site.
e. The annexation is in the best of interest of the City (UDC 11-513-3.E).
The City Council finds the proposed annexation of this property is in the best interest of the
City.
2. CONDITIONAL USE PERMIT:
The Commission and Council shall review the particular facts and circumstances of each
proposed conditional use in terms of the following, and may approve a conditional use permit if
they shall find evidence presented at the hearing(s) is adequate to establish:
a. That the site is large enough to accommodate the proposed use and meet all the
dimensional and development regulations in the district in which the use is located.
The City Council fmds that the site is large enough to accommodate the proposed use and
meet the dimensional and development regulations of the R-40 zoning district and the
specific use standards for multi -family developments.
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EXHIBIT A
b. That the proposed use will be harmonious with the Meridian Comprehensive Plan and
in accord with the requirements of this Title.
The City Council finds that the proposed multi -family residential use will be harmonious with
the Comprehensive Plan if Council with approval of a "step" down in density as allowed in
the Plan. The proposed use is in accord with UDC requirements.
c. That the design, construction, operation and maintenance will be compatible with other
uses in the general neighborhood and with the existing or intended character of the
general vicinity and that such use will not adversely change the essential character of
the same area.
The City Council finds that the general design, construction, operation and maintenance of
the multi -family use will be compatible with existing residential and commercial uses in the
vicinity and with the existing and intended character of the area and will not adversely change
the character of the area.
d. That the proposed use, if it complies with all conditions of the approval imposed, will
not adversely affect other property in the vicinity.
The City Council fmds that the proposed development should not adversely affect other
property in the vicinity if the applicant complies with all conditions of approval listed in
Exhibit B of this staff report and constructs all improvements and operates the use in
accordance with the UDC standards.
e. That the proposed use will be served adequately by essential public facilities and
services such as highways, streets, schools, parks, police and fire protection, drainage
structures, refuse disposal, water, and sewer.
The City Council finds that sanitary sewer, domestic water and irrigation can be made
available to the subject property. Please refer to comments prepared by the Public Works
Department, Fire Department, Police Department and other agencies.
L That the proposed use will not create excessive additional costs for public facilities and
services and will not be detrimental to the economic welfare of the community.
The City Council finds that the applicant will pay to extend the sanitary sewer and water
mains into the site. No additional capital facility costs are expected from the City. The
applicant and/or future property owners will be required to pay impact fees.
g. That the proposed use will not involve activities or processes, materials, equipment and
conditions of operation that will be detrimental to any persons, property or the general
welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors.
The City Council finds that the proposed development should not involve activities that will
create nuisances that would be detrimental to the general welfare of the surrounding area.
The City Council recognizes the fact that traffic and noise will increase with the approval of
this development; however, whenever undeveloped property is developed, the amount of
traffic generation does increase.
h. That the proposed use will not result in the destruction, loss or damage of a natural,
scenic or historic feature considered to be of major importance.
The City Council finds that the proposed development will not result in the destruction, loss
or damage of any natural feature(s) of major importance.
3. PRELIMINARY PLAT:
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EXHIBIT A
In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the
decision -malting body shall make the following findings:
a. The plat is in conformance with the Comprehensive Plan;
The City Council finds that the proposed plat is in substantial compliance with the adopted
Comprehensive Plan in regard to land use, transportation, and circulation with approval of a
"step" down in density from HDR as allowed in the Plan. Please see Comprehensive Plan
Policies and Goals, Section VII, of the Staff Report for nrore information.
b. Public services are available or can be made available and are adequate to
accommodate the proposed development;
The City Council finds that public services will be provided to the subject property upon
development. (See Exhibit B of the StaffReport 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 developer at
their own cost, the City Council finds that the subdivision will not require the expenditure of
capital improvement funds.
d. There is public financial capability of supporting services for the proposed
development;
Based on comments provided by public service providers (i.e., Police, Fire, ACRD, etc.),
City Council finds there is public financial capability of supporting services for the proposed
development. (See Exhibit B for more detail.)
e. The development will not be detrimental to the public health, safety or general welfare;
and
The City Council 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.
L The development preserves significant natural, scenic or historic features.
The City Council finds there are no significant natural, scenic or historic features associated
with this property that need to be preserved with development of this site.
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