Knightsbridge Subdivision H-2016-0088ADA COUNTY RECORDER Christopher D. Rich 2016-113948
BOISE IDAHO Pgs=39 BONNIE OBERBILLIG 11/23/2016 11:52 AM
CITY OF MERIDIAN, IDAHO NO FEE
DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. Julie Lyon & Samuel Grayson, Owners
3. Schultz Development LLC, Developer
THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into
this a day of -��( , 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 83642 and Julie Lyon & Samuel Grayson, whose address is 3870 E. Victory Road,
Meridian, Idaho 83642, hereinafter called OWNER and Schultz Development LLC, whose address
is PO Box 1115, Meridian, Idaho 83642, hereinafter called DEVELOPER.
RECITALS:
1.1 WHEREAS,' Owner is the sole owner, in law and/or equity, of certain tract
of land in the County ofAda, State of Idaho, described in Exhibit "A", whish
is attached hereto and by this reference incorporated herein as if set forth in
fill], herein after referred to as the Property; and
1.2 WHEREAS, Idaho Code § 67-651 IA provides that cities may, by ordinance,
require or permit as a condition of zoning that the Owners and/or Developer
make a written commitment concerning the use or development ofthe subject
Property; and
1.3 WHEREAS, City has exercised its statutory authority by the enactment of
Section 11-513-3 of the Unified Development Code ("UDC"), which
authorizes development agreements upon the annexation and/or re -zoning of
land; and
1.4 'WHEREAS, Owner and/or Developer has submitted an application for the
annexation of approximately 5.15 acres of land from the RUT zoning district
in Ada County -to the R-4 (General Commercial) zoning district (as described
in Exhibit "A"), under the Unified Development Code, which generally
describes how the Property will be developed and what improvements will be
made; and
1.5 WHEREAS, Owner and/or Developer made representations at the public
hearings both before the Meridian Planning & Zoning Commission and
before the Meridian City Council, as to how the Property will be developed
and what improvements will be made; and
DEVELOPNIENT AGREHMENT— CSNIGHTSBRIDGE SUBDIVISION (H-2016-0088) PAGE 1 OF 9
1.6 WHEREAS, the record of the proceedings for the requested preliminary plat
on the Property held before the Planning & Zoning Commission, and
subsequently before the City Council, includes responses of government
subdivisions providing services within the City of Meridian planning
jurisdiction, and includes further testimony and comment; and
1.7 WHEREAS, on the 0` 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 and/or Developer to enter into a
Development Agreement before the City Council takes final action on final
plat; and
1.9 WHEREAS, Owner and/or 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 and/or Developer to enter into a
development agreement for the purpose of ensuring that the Property is
developed and the subsequent use of the Property is in accordance with the
terms and conditions of this Agreement, herein being established as a result
of evidence received by the City in the proceedings for zoning designation
from government subdivisions providing services within the planning
jurisdiction and from affected property owners and to ensure zoning
designation are in accordance with the amended Comprehensive Plan of the
City of Meridian on April 19, 2011, Resolution No. 11-784, and the UDC,
Title 11.
NOW, THEREFORE, in consideration of the covenants and conditions set forth
herein, the parties agree as follows:
2. INCORPORATION OF RECITALS: That the above recitals are contractual and
binding and are incorporated herein as if set forth in full.
3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and
phrases herein contained in this section shall be defined and interpreted as herein provided for,
unless the clear context of the presentation of the same requires otherwise:
3.1 CITY: means and refers to the City of Meridian, a party to this Agreement,
which is a municipal Corporation and government subdivision of the state of
Idaho, organized and existing by virtue of law of the State of Idaho, whose
address is 33 East Broadway Avenue, Meridian, Idaho 83642.
3.2 OWNER: means and refers to Julie Lyon and Samual Grayson, whose
DEVELOPMENT AGREEMENT - KNIGHTSBRIDGE SUBDIVISION (H-2016-0088 PAGE 2 OF 9
address is 3870 E. Victory Road, Meridian, Idaho 83642, the party that owns
said Property and shall include any subsequent owner(s) of the Property.
3.3 DEVELOPER: means and refers to Schultz Development LLC, whose
address is PO Box 1115, Meridian, Idaho 83642, the party that is developing
said Property and shall include any subsequent developer(s) of the Property.
3.4 PROPERTY: means and refers to that certain parcel(s) of Property located
in the County of Ada, City of Meridian as described in Exhibit "A"
describing the parcels to be re -zoned Low Density Residential District (R-4)
and attached hereto and by this reference incorporated herein as if set forth at
length.
4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the
right to develop the Property in accordance with the terms and conditions of this Agreement.
4.1 The uses allowed pursuant to this Agreement are only those uses allowed
under the UDC.
4.2 No change in the uses specified in this Agreement shall be allowed without
modification of this Agreement.
5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY:
5.1. Owner and/or Developer shall develop the Property in accordance with the
following special conditions:
a. Future development of the site shall be consistent with the preliminary plat, landscape
plan and building elevations attached in Exhibit A to the Findings of Fact and
Conclusions attached hereto as Exhibit `B" and the revisions noted in the staff report.
b. All existing structures on the property shall be removed prior to the City's Engineer's
signature on the final plat.
c. In an agreement cannot be reached with the Sutherland Farms Homeowner's Association
(HOA) to allow the subj ect property to be incorporated into the Sutherland Farms HOA,
thatprior to submitting a final plat application the applicant shall bifurcate the landscape
buffer from the passive open space (Lot 1, Block 1 and Lot 7, Block 3) and create a more
central open space lot and include one (1) site amenity in accord with the standards listed
in UDC 11-3G-3.
6. COMPLIANCE PERIOD This Agreement must be frilly 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:
DEVELOPMEN'rAGIWEMENT-KNIGHTSBRIDGE SUBDIVISION (1-1-2016-0088) PAGE 3 OF 9
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 and/or Developer's default
of this Agreement, Owner and/or Developer shall have thirty (30) days from
receipt of written notice from City to initiate commencement of action to
correctthebreach and cure the default, which action mustbe 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 al lowed
to cure such failure maybe 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 and/or Developer that is not
cored after notice as described in Section 7.2, Owners and/or 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 and/or Developer reserve all
rights to contest whether a default has occurred. This Agreement shall be
enforceable in the Fourth Judicial District Court in Ada County by either City
or Owner and/or 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 and/or 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 and/or Developer of any
one or more of the covenants or conditions hereof shall apply solely to the
default and defaults waived and shall neither bar any other rights or remedies
of City nor apply to any subsequent default of any such or other covenants
and conditions,
8. INSPECTION: Owner and/or Developer shall, immediately upon completion of
any portion or the entirety of said development of the Property as required by this Agreement or by
City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and
written approval of such completed improvements or portion thereof in accordance with the terms
and conditions of this Agreement and all other ordinances of the City that apply to said Property.
DEvGLOPMENr AGREEMENT—KNIGHTSBRIDGE SUBDIVISION (H-2016-0088) PAGE 4 of 9
9. REQUIREMENT FOR RECORDATION: City shall record this Agreement,
including all of the Exhibits, and submitproof of such recording to Owner and/or Developer, prior to
the third reading of the Meridian Zoning Ordinance in connection with the re -zoning of the Property
by the City Council. if for any reason after such recordation, the City Council fails to adopt the
ordinance in connection with the annexation and zoning of the Property contemplated hereby, the
City shall execute and record an appropriate instrument of release of this Agreement.
10. ZONING: City shall, following recordation of the duly approved Agreement, enact a
valid and binding ordinance zoning the Property as specified herein.
11. SURETY OF PERFORMANCE: The City may also require surety bonds,
irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under the
UDC, to insure the installation of required improvements, which the Owner and/or Developer agree
to provide, if required by the City.
12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued
in any phase in which the improvements have not been installed, completed, and accepted by the
City, or sufficient surety of performance is provided by Owner and/or Developer to the City in
accordance with Paragraph 11 above.
13. ABIDE BY ALL CITY ORDINANCES: That Owner and/or Developer agree to
abide by all ordinances of the City of Meridian unless otherwise provided by this Agreement.
14. NOTICES: Any notice desired by the parties and/or required by this Agreement
shall be deemed delivered if and when personally delivered or three (3) days after deposit in the
United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed
as follows:
CITY:
City Clerk
City of Meridian
33 E. Broadway Ave.
Meridian, Idaho 83642
OWNER:
Julie Lyon & Samuel Grayson
3870 E. Victory Road
Meridian, ID 83642
with copy to:
City Attorney
City of Meridian
33 E. Broadway Avenue
Meridian, ID 83642
DEVELOPER:
Schultz Development LLC
PO Box 1115
Meridian, LD 83642
14.1 A party shall have the right to change its address by delivering to the other
party a written notification thereof in accordance with the requirements of this section.
DEVELOPMENT AGREEMENT-IrMGHTSBRIDGE SUBDIVISION (H-2016-0088) PAGE 5 OF 9
15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto
concerning this Agreement, the prevailing parry 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 ofthe 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 and/or 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 and/or Developer, to execute
appropriate and recordable evidence of termination of this Agreement if City, in its sole and
reasonable discretion, had determined that Owner and/or Developer have fully performed their
obligations under this Agreement.
18. INVALID PROVISION: If any provision of this Agreement is held not valid by a
court of competent j urisdiction, such provision shall be deemed to be excised from this Agreement
and the invalidity thereof shall not affect any of the other provisions contained herein.
19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided, each party
steal l 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 and/or 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 and/or Developer and City, other than as are stated
herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or
addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and
signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a
duly adopted ordinance or resolution of City.
21.1 No condition governing the uses and/or conditions governing re -zoning ofthe subject
Property herein provided for can be modified or amended without the approval of the
DEVELOPMENT AGREEMENT -KNIGHTSBRIDGE SUBDIVISION (H-2016-0088 PAGE 6 OF 9
City Council after the Cityhas conducted public hearing(s) 'in accordance with the
notice provisions provided for a zoning designation and/or amendment in force at the
time of.the proposed amendment
22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall.be effective on the
date the Meridian City Council shall adopt 'the amendment to the Meridian Zoning:Ordinance in
.connection with the annexation and zoning of the Property and execution of the Mayor and City
Clerk,
[end of text; signatures; aclulowledgements, and Exhibits A and B. follow)
ACIOIOWLEDGMENTS
WXTNESs 'WHEREOF, the parties have herein executedthus agreement and -made
it effective as hereinabove provided.
OWNERS:
1ul eJ I "0.
DEVELOPER:
Schultz Development LLC
By'
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US: i�k"Q
CITY OF MERIDIAN
RAT1B ATTEST:
By:
May r`ra my de -Weer 0
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DEVELOPMMT.AGREEMENT---T�NIGHTSBIUDGE SUBDIVISION (4-2016-0088
City Cleric
PAOB 7 OF 9
STATE OF IDAHO )
ss:
County of Ada, )
On thisAday of 2016, before me, the undersigned, allotary Public in and
for said State, personally appeared Julie Lyon, known or identified to me to be the person who
signed above, and acknowledged to me that she executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year in this certificate first above written.
(SEAL)
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STATE OF IDAHO )
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County of Ada, )
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Wary Public for I ho
Residing at: L.'
My Commission Expires: — ` I
On this Jay of q-' , 2016, before me, the undersigned, a Notary Public in and
for said State, personally appeared Samuel Grayson, known or identified to me to be the person who
signed above, and acknowledged to me that she executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year in this certificate first above written.
(SEAL)
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Notafy Public for Id
Rending at:
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DEVELopmLNI' AGREEMENT -KNIGHTSBRIDGE SUBDIVISION (H-2016-0088 PAGE 8 OF 9
STATE. OF IDAHO
ss:
County of Ada
Oil this
!MoWnp Wentof Wy� 201,6,bef5r0.M0,.the undersigned,. 4NOtary PuPublicinarid,
-�edto Me
for. said State, personally appeared.pi5 U tz- j
to be the MAS W�_ of Schultz Development ,LLC, and acknowledged tome that,
he
executed the same on behalf of said Company.
IN WITNESS WHEREOF, I have -hereunto set my hand and affixed my officiallseal the. day
and year in "this certificate first above written.
Notary Public for Idaho.
Residing at: kn P,
My Commission. Expires:. Jaf)
(SEAL)
LeAnne.Borehaid
NOTARY PUBLIC
. F IDAHO
STATE~ 0
STATE OF IDAHO )
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County of Ada
2016 before me, a
On this_,Q day of. AW Notary Public,
personally appeared Tammy de Weer d and CJay Coles, khow or identified to me, to be the.Mayor
and _Clerk, respectively, of the city of Meridian, who executed the instrument or the person that
executed the, instrument of behalf of said City; and acknoWledged tome that such City executed the
same,
IN WITNESS WHEREOF, I have hereunto set -my hand and affixedmyofficial seat the -day
god year in this certificate first above written.
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D'BVtLOPh4L7NTAGREP-h4F-NT—IMGRTSBRIDGE SUBDIvisjoN (H-2016-0088) RAGE 9 OP 9
EXHIBIT A
Legal Description & Exhibit Map for Annexation Boundat7
DESCRIPTION FOR
ANNEXATION AND REZONE
KNIGHTSBRIDGE SUBDIVISION
A parcel of land located in the SE 1f4 of the SW 1f4 of Section 21, Township 3
North, Lange 1 last, Boise Meridian, Ada County, Idaho being more particularly
described as follows:
Commencing at the SW Comer of said Section 21, from which the S1I4 comer
of said Section 21 bears South 89448'04" East 2657.22 feet,
thence along the South boundary line of said Section 21 South 89°48'04" East,
1978.15 feet to the REAL POINT OF BF -GINNING;
thence leaving said South boundary line North 00°111'56" East, 25.00 feet;
thenc* North 03°31'12" East, 146.33 feet;
thence North 00°01'50" East, 93.03 f6et;
thanes Horth 89048'04" West, 58.72 feet;
thence North 00°0''5811 bast, 533.15 feet to an angle point [n the exterior
boundary line of Sutherland Farm Subdivision No.1 as flied In Book 86 of Plats at
Pages 9806 through 9808, records of Ada County, Idaho;
thence along said exterior boundary line South 88'48'02" East, 299.87 feet;
thence leaving said exterior boundary line South 00001'56" West, 796.27 feet to
a point on the South boundary line of said Section 21;
thence along said South boundary line North 89048'04" West, 250,07 feet to the
REAL POINT OF BEGINNING. Containing 5.16 acres, more or lass.
Knightsbridge Subdivision H-2016-0088
EXHIBIT A
SUTHERLAND FARM SUBDIVISION NO, I
BLOCK 4
25 100
0 50 2GO
SOLE: I"= 100'
MI
M
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Y G.
N89'48'0 "W w
58.72'i Iq
LEGEND
: Io
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BRASS CAP MONUMENT
- - BOUNDARY LINE L t
F w3
- - - SECTION LINE CL
S89'48'02°E 299.87'
t
r
5.15 ACRCS
zl I
NOii'6"E REAL POINT"
25.00' OF BEGINNING 1/+
20 21 4978.15 _ a2�.Ito' 21
29 28 - _ - - - - - - N89'48'04!'V1 250.07' _ SS 28
E. VICTORY ROAD
BASIS OF BEARING
N89'48'04W 2657,22'
EXHIBIT DRAWING FOR """
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REZONE 10-'u
IDAHO
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SURVEY K14IGHTSORIDGE SUBDIMSION 1
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GROUP, P.C. ADA O"TY, =,St. L0410 7!7/2016
Knightsbridge Subdivision H-2016-0088
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25 100
0 50 2GO
SOLE: I"= 100'
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58.72'i Iq
LEGEND
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BRASS CAP MONUMENT
- - BOUNDARY LINE L t
F w3
- - - SECTION LINE CL
S89'48'02°E 299.87'
t
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5.15 ACRCS
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NOii'6"E REAL POINT"
25.00' OF BEGINNING 1/+
20 21 4978.15 _ a2�.Ito' 21
29 28 - _ - - - - - - N89'48'04!'V1 250.07' _ SS 28
E. VICTORY ROAD
BASIS OF BEARING
N89'48'04W 2657,22'
EXHIBIT DRAWING FOR """
O AND
REZONE 10-'u
IDAHO
1<!b E.4YhTG7iD44Fil6L ANNEXATIONVAREZONENE sil�f NU
SURVEY K14IGHTSORIDGE SUBDIMSION 1
7 W9fG7U Lowen M lilt sF 1/A N' lid sP/ 1/4 CF sw4w 21, 7'.N,. loc, B.FL. Wh% DAII
GROUP, P.C. ADA O"TY, =,St. L0410 7!7/2016
Knightsbridge Subdivision H-2016-0088
EXHIBIT B
CITY OF MERIDIAN IDIANFINDINGS OF FACT, CONCLUSIONS OF LAW
C�Vl
AND DECISION & ORDER
In the Matter of the Request for Annexation and Zoning of 5.15 Acres of Land with an R-4 Zoning
District; and Preliminary Plat Consisting of Seventeen (17) Building Lots, And Two (2) Common
Area Lots on 5.15 Acres of Land for Knightbridge Subdivision, by Schultz Development.
Case No(s). H-2016-0088
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 hearing 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 § 11-5A.
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not impose
expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Decision, which shall be
signed by the Mayor and City Cleric and then a copy served by the Clerk upon the applicant, the
Conununity 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-2016-0088 - 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, in6oiporated 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 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 11-
6B -7C).
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 -5B -3D).
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
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). E-2016-0088 - 2
period (UDC 11-513-3F).
E. Notice of Final Action and Right to Regulatory Takings Analysis
I . The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development
application entitles the Owner to request a regulatory taking analysis. Such request must be in
writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the
final decision concerning the matter at issue. A request for a regulatory takings analysis will
toll the time period within which a Petition for Judicial Review may be filed.
2. Please take notice that this is a final action of the governing body of the City of Meridian.
When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person
who has an interest in real property which may be adversely affected by the final action of the
governing board may within twenty-eight (28) days after the date of this decision and order
seek a judicial review as provided by Chapter 52, Title 67, Idaho Code.
F. Attached: Staff Report for the hearing date of September 20, 2016
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). H-2016-0088 -3 -
By action of the City Council at its regular meeting held on the _ day of 06-10 6 e%-
2016.
COUNCIL PRESIDENT KEITH BIRD VOTED *4
COUNCIL VICE PRESIDENT JOE BORTON VOTED Y64
COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED Y&
COUNCIL MEMBER TY PALMER VOTED
COUNCIL MEMBER LUKE CAVENER VOTED Y6 r
COUNCIL MEMBER GENESIS MILAM VOTED Yeo
MAYOR TAMMY de WEERD VOTED
(TIF, BREAKER)
Mayor Ta m e Weerd
GO�QDRATED Alio
Attest: •�
cilpuf w
4 rDr�
C.J Coles S�`q�
City Clerk e rRFns���
Copy served upon Applicant, Community Development Department, Public Works Department and City
Attorney,
By: vot)tbk-�— 4Ajw
Dated:
ity Clerk's Office
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). H-2016-0088 - 4 -
EXHIBIT A
STAFF REPORT Hearing Date: September 20, 2016 II7I
(��zWE 1
TO: Mayor and City Council;,4�-
FROM: Josh Beach, Associate Planner
208-884-5533
Bruce Freckleton, Development Services Manager
208-887-2211
SUBJECT: Knightsbridge Subdivision — AZ and PP (H-2016-0088)
I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Schultz Development, has submitted an application for annexation and zoning (AZ) of
5.15 acres of land with an R-4 zoning district; and a preliminary plat (PP) consisting of seventeen
(17) building lots and two (2) common lots on 5.15 acres of land in the R-4 zoning district for
Knightsbridge Subdivision.
II. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed AZ and PP applications in accord with the conditions of
approval in Exhibit B and the Findings of Fact and Conclusions of Law in Exhibit D.
The Meridian Planninjj & Zoning Commission heard these items on August 18"', 2016. At the
public hearing, the Commission moved to recommend approval of the subject preliminary plat
request.
_ Summary of Commission.Public Hearing:
i In favor• Matt Schultz (Applicant's Representative4
ii. In opposition• None
"i Commenting: William Bollar
Ly� Written testimony; Matt Schultz (Applicant's representative)
y-. Staff presenting application: Josh Beach.
L Other staff commenting on application: Bill Parsons
b. Key issue(s) of Public Testimony:
i. Location ation of sewer and water as it relates to this development
c FKey Issues of Discussion by Commission:
i Amenities for the development if included in Sutherland) Farms HOA as well as
amenities if not included in Sutherland Farms HOA
Location of the open space might not be appropriate
d. Commission Change(s) to Staff Recommendation•
L Modify condition 1.1.1(C) as follows: If an agreement cannot be reached with the
Sutherland Farm Homeowner's Association (HOA) to allow the subject property to be
incorporated into the Sutherland Farm HOA that prior to submitting a final plat
application the applicant shall bifurcate the landscape buffer from the passive open
space (Lot 1 Block 1 and Lot 7 Block 3) and create a more central open space lot and
include one (1) site amenity in accord with the standards listed in UDC 11-3G-3
c Outstanding Issue(sl for City Council
L None
Knightsbridge Subdivision H-2016-0088 PAGE 1
EXHIBIT A
The Meridian City Council heard these items on September 20 2016 At the public hearing, the
Council approved the subject AZ PP requests.
a Summary of City Council Public Hearing•
i In favor Matt Schultz Applicant's Renresenta 've
ii. in onnosition• None
ii Commenting: Mike Devine Justin Lucas (ACHDI
Written testimony: None
y, Staff presenting application; Josh Beach
yi Other staff commenting on application None
h.. Key issue(s) of Public Testimony:
L Installation of a stop sign at the corner of McKay Drive and Proud Way
c Key Issues of Discussion by Council:
i Name-
d, Kev Council Changes to Commission Recommendation
L None
III. PROPOSED MOTION
Denial
Approval
After considering all staff, applicant and public testimony, I move to recommend approval to the City
Council of File Number H-2016-0088, 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-2016-0088, as presented during the hearing on August 18, 2016, for the
following reasons: (You should state specific reasons for denial)
Continuance
I move to continue File Number H-2016-0088 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 3870 E. Victory Road, in the SW'/4 of Section 21, Township 3 North, Range
1 East.
B. Owners:
Julie Lyan & Samuel Grayson
3870 E. Victory Road
Meridian, ID 83642
C. Applicant/Representative:
Schultz Development
PO Box 1115
Meridian, ID 83642
D. Applicant's Statement/Justification: Please see applicant's narrative for this information.
V. PROCESS FACTS
Knightsbridge Subdivision H-2016-0088 PAGE 2
EXHIBIT A
A. The subject application is for annexation and zoning and preliminary plat. A public hearing is
required before the Planning & Zoning Commission and City Council on this matter, consistent
with Meridian City Code Title 11, Chapter 5.
B. Newspaper notifications published on: August 1 and August 15, 2016 (Commission); August 29ch
Council
C. Radius notices mailed to properties within 300 feet on: July 21, 2016 (Commission); September
12"' (Council)
D. Applicant posted notice on site(s) on: August 5, 2016 (Commission); September 9�b (Council)
VI. LAND USE
A. Existing Land Use(s) and Zoning: The annexation area consists of a vacant agricultural property
and a single-family home zoned RUT in Ada County.
B. Character of Surrounding Area and Adjacent Land Use and Zoning:
1. North: Single-family residential properties in Sutherland Farm Subdivision, zoned R-4.
2. East: Single-family residential zoned property, zoned RUT (Ada County).
3. South: E. Victory Road; Single-family residential properties, zoned RUT (Ada Coimty)
4. West: Single-family residential zoned property, zoned RUT (Ada County).
C. History of Previous Actions: None
D. Utilities:
1. Location of sewer: A sanitary sewer main intended to provide service to the proposed
development currently exist west of the proposed development in Victory Road, however the
applicant has requested, and has been approved by Public Works to slope their sanitary sewer
towards the northwest to the existing mainline stub in S. Proud Lane.
2. Location of water: Water mains intended to provide service to the proposed development
currently exist adjacent to the south and northwest, and to the west of the proposed
development.
3. Issues or concerns: Applicant shall be required to loop the proposed water system to the
existing water mains adjacent to the proposed development, and install a 10 -inch diameter
dry line sewer in Victory Road.
E. Physical Features:
1, Canals/Ditches Irrigation: No major facilities.
2. Hazards: Staff is not aware of any hazards that exist on this property.
3. Flood Plain: This site does not lie within the Meridian Floodplain Overlay District.
VII. COMPREHENSIVE PLAN POLICIES AND GOALS
The Comprehensive Plan Future Land Use Map (FLUM) designates this site as Medium Density
Residential (MDR). MDR designated areas allow smaller lots for residential purposes within City
limits. Uses may include single-family homes at gross densities of 3 to 8 dwelling units per acre
(d.u./acre).
Knightsbridge Subdivision H-2016-0088 PAGE 3
EXHIBIT A
The applicant proposes to develop the property with seventeen (17) single-family detached dwellings
at a gross density of 3.30 dwelling units per acre (d.u./acre) and a net density of 4.73 d.u./acre. Staff
finds the density proposed by the applicant with the preliminary plat is consistent with the MDR
designation and the requested R-4 zoning dustrict.
Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to
the proposed use (staff analysis in italics):
1. "Restrict private curb cuts and access points on collectors and arterial streets."(3.06.02D,
Page 53)
The proposed development will connect to E. Victory Road which is an arterial street. Access
to the subdivision will also be provided through an existing stub street frons the Sutherland
Farm Subdivision (S. Proud Way) stubbed on the north boundmy of the proposed
development. The applicant is also proposing to provide a stub street to the east and west (E.
Moon Dipper Street), to provide for future interconnectivity.
2. "Require appropriate landscaping and buffers along transportation corridor (Setback,
vegetation, low walls, berms, etc.)." (3.06.02F)
A 25 -foot wide landscaped street brffer is required along E. Victory Road, a principal
arterial street in accord with. UDC Table I1 -2A-5.
3. "Protect existing residential properties from incompatible land use development on adjacent
parcels." (3.06.0117, pg. 53)
The proposed single-family residential development should be compatible with existing
single-family homes as the lots sizes and homes are comparable in size to the, adjacent
Sutherland Farms and nearby Karmelle Subdivisions.
4. "Provide for a wide diversity of housing types (single-family, modular, mobile homes and
multi -family arrangements) and choices between ownership and rental dwelling units for all
income groups in a variety of locations suitable for residential development." (3.07.03B, Page
56)
If approved, the proposed single-family detached homes would contribute to the variety of
housing types available within the City, consistent with the surrounding residential
developments.
"Require usable open space to be incorporated into new residential subdivision plats."
(3.07.02A Page 55)
UDC 11-3G-3 requires that a minimum of 10% of open space be provided. The plat as
designed provides approximately 10.2% useable open space, or 0.53 acres. Staff has some
concerns with the location of the proposed open space. The applicant is proposing all of the
open space to be located adjacent to Victory Road. The location is not very kid -friendly.
6. "Require common area in all subdivisions." (3.07.02F)
The proposed plat depicts a total of 0.53 acres of qualified open space. The applicant has
provided the required open space for the development; However the UDC also requires that
subdivisions of more than five (5) acres provide one (1) amenityfor the first twenty (20) acres
and one additional amenity for every twenty (20) additional acres. The applicant is proposing
to be included in the Sutherland Farms HOA and has initiated those discussions with. the
HOA and has proposed to contribute to a future amenity in the existing 6 acre park within the
Sutherland Farms Subdivision.
Knightsbridge Subdivision H-2016-0088 PAGE 4
EXHIBIT A
7. "Require pedestrian access in all new development to link subdivisions together and promote
neighborhood connectivity." (3.07.02C)
The preliminary plat shows a five foot sidewalk that would connect the proposed development
to the Sutherland Farms Subdivision to the north, ccs well as to the proposed 5 -foot detached
sidewalk along E. Victory Road.
8. "Permit new development only where urban services can be reasonably provided at the time
of final approval and development is contiguous to the City." (3.01.01F)
City services are available and will be extended by the developer to the proposed lots upon
development of the site in accord with UDC 11-3A-21.
9. "Review new development for appropriate opportunities to connect local roads and
collectors to adjacent properties (stub streets). (3.03.020 Page 48)
The proposed plat depicts connections to the existing stub street from the north. The
applicant also proposes to provide stub streets to the east and to the west for fixture
interconnectivity.
10. "Support infill of vacant lots in substantially developed, single-family areas at densities
similar to surrounding development." (3.07.02I Page 55)
The subject property is adjacent to existing single-family homes and similar lot sizes to the
north in Sutherland Farms Subdivision. The proposed development, with the proposed zoning
of R-4, is similar to the surrounding uses. All of the proposed lots exceed the minimum
standards ofR-4 district.
Based on the above analysis, staff finds that the proposed development is generally
consistent with the comprehensive plan.
VIII. UNIFIED DEVELOPMENT CODE (UDC)
A. Purpose Statement of Zone: Per UDC 11-2A-1, the purpose of the residential districts is to
provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan.
Residential districts are distinguished by the allowable density of dwelling units per acre and
corresponding housing types that can be accommodated within the density range. The medium -
low density residential (R-4) district allows a maximum gross density of 4 dwelling units per
acre.
B. Schedule of Use: Unified Development Code (UDC) Table 11-2A-5 lists the principal permitted
(P), accessory (A), conditional (C), and prohibited (-) uses in the R-4 zoning district. Any use not
explicitly listed, or listed as a prohibited use is prohibited. The proposed use of the site for single-
family detached dwellings is principally permitted use in the R-4 zoning district.
C. Dimensional Standards: Development of the site should be consistent with the dimensional
standards listed in UDC Table 11-2A-5 for the R-4 zoning district.
D. Landscaping: Street buffer landscaping shall be installed in accordance with the standards listed
in UDC Table 11-2A-5 for the R-4 zoning district.
E. Common Open Space and Site Amenity Requirements: Common open space and site amenities
are required to be provided on the site in accord with the requirements listed in UDC 11-3G-3.
E Off -Street Parking: Off-street parking is required in accord with UDC Table 11-3C-6 for single-
family dwellings.
Knightsbridge Subdivision H-2016-0088 PAGE 5
EXHIBIT A
IX. ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
Annexation & Zoning: The applicant has applied for annexation and zoning of 5.15 acres of
land with an R-4 zoning district. As discussed above in Section VII, staff believes the proposed
zoning and density is consistent with the vision of the Comprehensive Plan.
The legal description submitted with the application, included in Exhibit C, shows the boundaries
of the property proposed to be annexed. The property is contiguous to land that has been annexed.
The City may require a development agreement (DA) in conjunction with an annexation pursuant
to Idaho Code section 67-6511A. To ensure the site develops as proposed and recommended by
staff with this application, staff recommends a DA as a provision of annexation with the
provisions included in Exhibit B.
Preliminary Plat: The proposed plat consists of seventeen (17) building lots and two (2)
common lots on 5.15 acres of land. The R-4 zoning district is proposed for the development (see
Exhibit A.2). The gross density for the subdivision is 3.30 d.u./acre. The average lot size is 9,218
square feet.
Existing Structures: There is an existing single family home on the site that will be demolished
as part of this project. The home must be removed prior to obtaining City Engineer's signature on
the final plat.
Dimensional Standards: Development of this site is required to comply with the dimensional
standards listed in UDC 11-2A-3 and Table 11-2A-5 for the R-4 district. Staff has reviewed the
proposed plat and found it to be in compliance with the R-4 dimensional standards.
Block Length: The plat is required to comply with the block length standards listed in UDC I I -
6C -3F. Staff has reviewed the proposed plat and found it to be in compliance with the
aforementioned standards.
Access: Vehicular access is proposed for this site via an extension of S. Proud Way, and a direct
vehicular access to E. Victory Road.
Streets: All of the proposed streets depicted on the plat are public. A total of 40 -feet of right-of-
way is proposed for S. Terri Drive and E. Moon Dipper Street with 33 feet between the back of
curbs and a total of 50 -foot right-of-way is proposed for S. Proud Way with 36 feet between the
back of curbs.
The applicant will need to constrict proud way as a complete street, including the acquisition of
property, or an easement from the adjacent property owner (Parcel # S 1121346802).
The Master Street Map indicates a roundabout located at the intersection of S. Terri Drive and E.
Victory Road. ACHD has indicated that they are in support of removing this from the Master
Street map, but in order to do so, the applicant will need to request that from the ACHD
Commission at a hearing to be scheduled in the future.
ACHD is requiring that the applicant construct S Proud Way as one-half of a 36 -foot street
section with curb, gutter, and 5 -foot wide concrete sidewalk within 50 -feet of right-of-way; plus
12 -feet of additional pavement beyond the centerline and 3 -foot wide gravel shoulder beyond the
existing terminated roadway to the Proud Way/ Moon Dipper Street intersection.
Sidewalks: Sidewalks are required along all public streets as set forth in UDC 11-3A-17. The
applicant proposes to construct 5 -foot wide detached sidewalks throughout the development and a
5 -foot wide detached sidewalk adjacent to E. Victory Road. The 8 -foot parkways are required to
comply with UDC 11 -3A -17E. As submitted the applicant has not provided the required trees per
Knightsbridge Subdivision H-2016-0088 PAGE 6
EXHIBIT A
the UDC. With the submittal of a final plat, the applicant must submit a revised landscape plan
the meets the standard set forth in UDC 11 -3G -3B.5.
Landscaping: A landscape plan was submitted with this application for the area proposed to be
platted as shown in Exhibit A.4. A 25 -foot wide street buffer is required along E. Victory Road,
an arterial street, per UDC Table 11-2A-5 and is required to be landscaped in accord with the
standards listed in UDC 11 -3B -7C. The buffer shown on the landscape plan meets the
requirements of the UDC however, because these are single common lots any fencing along said
lots will have to be placed along the interior edge of the lot in accord with UDC 11-3B-7C2c
All street buffers with detached sidewalks shall be measured from the ultimate curb location as
anticipated by ACHD. Detached sidewalks shall have an average minimum separation of greater
than four (4) feet to back of curb. The applicant shall construct a 25 foot landscape buffer as
required by UDC 11-313-7.
Tree Mitigation: If there are any existing trees on the site that are proposed to be removed, the
applicant should contact Elroy Huff, City Arborist, at 888-3579 to schedule an appointment to
confirm mitigation requirements prior to removal of any trees on the site. The landscape plan
incorrectly notes that there are no existing trees on the site.
Fencing: All fencing should comply with the standards listed in UDC 11 -3A -6B and 11-3A-7.
The fencing shown on the landscape plan appears to meet the requirements of the UDC.
Open Space: All new development is required to comply with the qualified open space and site
amenity requirements listed in UDC 11-3G-3 which requires a minimum of 10% qualified open
space and one site amenity for developments of this size.
Based on the area of the preliminary plat (5.15 acres), a minimum of 0.51 acres of qualified
useable open space is required to be provided as set forth in UDC 11 -3A -3B. Based on the
preliminary plat the applicant is proposing 0.53 acres which is 10.2% of the proposed
development. Open space consists of 8 -foot parkways and two (2) passive open space lots (50' X
100') that include the required street buffer adjacent to Victory Road. As noted above, staff is
concerned about the location of the proposed open space for the development. The majority of the
proposed open space is adjacent to an arterial roadway that will be widened in the future and will
become busier with future development in the area. The applicant is proposing what is essentially
an extra -wide landscape buffer along E. Victory Road. The fencing requirements in the UDC
require that fencing be installed on the interior edge of the common lot. The proposal by the
applicant will essentially require anyone who uses the open space to recreate along an arterial
roadway.
In addition to the open space provided for this development, the applicant requests this
property be allowed to be included in the open space and site amenities calculations for the
Sutherland Farm development, and that the qualified open space and site amenities for the
overall development be considered to cover this portion of the site as well. A total of 13.24
acres or 11.3% qualified open space has already been constructed within the Sutherland Farm
development along with the following site amenities: a 3/4 mile regional pathway along the
Ridenbaugh Canal, a 5.9 acre park, a 2.5 acre park, tot lots, a gazebo, swing set and horseshoe
pits.
The applicant has discussed incorporating the subject property into the Sutherland Farm
Homeowner's Association (HOA) with the HOA; however, an official agreement has not yet
been reached.
Amenity: The applicant is proposing to provide a "future large amenity" within Sutherland
Farms existing 6 acre park. Prior to the Commission hearing, the applicant shall provide
Knightsbridge Subdivision H-2016-0088 PAGE 7
EXHIBIT A
details of the proposed amenity proposed for the 6 acre park in the Sutherland Farms
development as well as the time frame in which the amenity would be constructed.
Because the applicant is proposing to be included in the Sutherland Farms HOA and to be
subject the their CC&R's, staff supports the applicant's request provided that the
Sutherland Farm HOA agrees to allow this property to be incorporated into their HOA. If
not, staff recommends the plat is revised to provide the full 10% qualified open space and
one site amenity on this site.
If an agreement cannot be reached between the two parties, staff recommends that the
applicant bifurcate the landscape buffer from the passive open space (Lot 1, Block 1 and
Lot 7, Block 3) and create a more central open space lot that one amenity that
Knightsbridge community can use and maintain that is not located adjacent to Victory
Road.
Pressurized Irrigation (PI): An underground PI system is required to be provided to each lot in
the subdivision as proposed in accord with UDC 11-3A-15.
Building Elevations: The applicant is proposing to construct detached single-family homes.
The applicant has submitted 10 conceptual sample building elevations for future homes in this
development, included in Exhibit A.4. Building materials appear to consist of a mix of horizontal
lap siding, board and batten with stone accents. Staff is supportive of the proposed elevations.
In accord with the Findings contained in Exhibit D, Staff recommends approval of the proposed
annexation and preliminary plat request for this site. Staff has included comments and
recommended conditions from other City departments in Exhibit B of this report.
X. EXHIBITS
A. Drawings/Other
1. Vicinity Map
2. Proposed Preliminary Plat (dated: 06/30/16)
3. Proposed Landscape Plan (dated: 07/06/16)
4. Conceptual Building Elevations
B. Agency & Department Comments/Conditions
C. Legal Description & Exhibit Map for Annexation Boundary
D. Required Findings from Unified Development Code
Knightsbridge Subdivision H-2016-0088 PAGE 8
EXHIBIT A
A. Drawings
1. Vicinity Map
Vicinity Map
0 0.1 0.2
Miles
Print Date 622016
Knightsbridge Subdivision H-2016-0088 PAGE 9
EXHIBIT A
2. Proposed Preliminary Plat (dated; 06/30/16)
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Knightsbridge Subdivision H-2016-0088 PAGE 10
EXHIBIT A
3, Proposed Landscape Plan (dated: 07/06/2016)
Knightsbridge Subdivision H-2016-0088 PAGE 1 I
EXHIBIT A
4, Conceptual Building Elevations
Knightsbridge Subdivision H-2016-0088 PAGE 13
EXHIBIT A
Knightsbridge Subdivision H-2016-0088 PAGE 14
EXHIBIT A
B. EXHIBIT B - AGENCY & DEPARTMENT COMMENTS/CONDITIONS
1. PLANNING DEPARTMENT
1.1 Site Specific Conditions of Approval
1.1.1 A Development Agreement (DA) is required as a provision of annexation of this property. Prior
to the annexation ordinance approval and the acceptance of a final plat application, a DA shall be
entered into between the City of Meridian, the property owner(s) at the time of annexation
ordinance adoption, and the developer.
Currently, a fee of $303.00 shall be paid by the applicant to the Planning Division prior to
commencement of the DA. The DA shall be signed by the property owner and returned to the
City within six months of the City Council granting annexation. The DA shall, at minimum,
incorporate the following provisions:
a. Future development of this site shall be consistent with the preliminary plat, landscape plan
and building elevations attached in Exhibit A and the revisions noted in the staff report.
b. All existing structures on the property shall be removed prior to the City's Engineer's
signature on the final plat.
c. If an agreement cannot be reached with the Sutherland Farm Homeowner's Association
(HOA) to allow the subject property to be incorporated into the Sutherland Farm HOA, that
prior to submitting a final plat application the applicant shall bifurcate the landscape buffer
from the passive open space (Lot 1, Block 1 and Lot 7, Block 3) and create a more central
open space lot and include one (1) site amenity in accord with the standards listed in UDC
11-3G-3.
1.1.2 The preliminary plat included in Exhibit A.2 is approved as submitted unless an agreement
cannot be reached with the Sutherland Farm Homeowner's Association (HOA) to allow the
subject property to be incorporated into the Sutherland Farm HOA. In that case, the applicant
shall revise the preliminary plat as described in DA provision C above.
1.1.3 Any fencing constructed on the site shall be consistent with the standards as set forth in UDC 11-
3.-7 and 11 -3A -6B.
1.1.4 The landscape plan dated 07/06/16, is approved with the following changes:
a. Prior to the Commission hearing, the applicant shall provide details of the amenity proposed
for the 6 acre park in the Sutherland Farms development as well as the time frame in
which the amenity will be constructed.
b. The 8 -foot parkways proposed along the local streets shall comply with the standards set
forth in UDC 11 -3G -3B.5.
1.1.5 Sidewalks are required along all public streets as set forth in UDC 11-3A-17. Five-foot wide
detached sidewalks shall be installed on S. Terri Drive, E. Moon Dipper Street on the east side of
S. Proud Way and a 5 -foot wide detached sidewalk is also required along E. Victory Rd.
1.1.6 Prior to the issuance of a building permit, the applicant shall record a final plat.
1.2 General Conditions of Approval
1.2.1 Comply with all bulk, use, and development standards of the R-4 zoning district listed in UDC
Table 11-2-A-5.
1.2.2 Comply with all provisions of I 1-3A-3 with regard to access to streets.
Knightsbridge Subdivision H-2016-0088 PAGE 15
EXHIBIT A
1.2.3 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set
forth in UDC 11-3A-6.
1.2.4 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11-3A-
15, UDC 11-313-6 and MCC 9-1-28. The applicant shall provide a waiver from the applicable
irrigation district that the property does not have water rights and/or water delivery to the subject
property with the submittal of a final plat application.
1.2.5 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11 -3B -5J.
1.2.6 Construct all off-street parking areas consistent with the standards as set forth in UDC 11-3C-6
for single-family dwellings.
1.2.7 Construct the required landscape buffers consistent with the standards as set forth in UDC 11 -3B -
7C.
1.2.8 Comply with all subdivision design and improvement standards as set forth in UDC 11-6C-3,
including but not limited to cul-de-sacs, common driveways, easements, blocks, street buffers,
and mailbox placement.
1.2.9 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.
1.2.10 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle.
1.3 Ongoing Conditions of Approval
1.3.1 The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets
the standards as set forth in UDC 11-3B-6 and to install and maintain all landscaping as set forth
in UDC 11-313-5, UDC 11-3B-13 and UDC 11-313-14.
1.3.2 All common open space and site amenities shall be maintained by an owner's association as set
forth in UDC 11 -3G -3F1.
1.3.3 The project is subject to all current City of Meridian ordinances and previous conditions of
approval associated with this site.
1.3.4 The applicant and/or property owner shall have an ongoing obligation to prune all trees to a
minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the
area.
1.3.5 The applicant has a continuing obligation to comply with the outdoor lighting provisions as set
forth in UDC 11-3A-11.
1.3.6 The applicant and/or property owner shall have an ongoing obligation to maintain all landscaping
and constructed features within the clear vision triangle consistent with the standards in UDC 11-
3A-3.
1.4 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 subinit a sign permit application consistent with the standards in UDC Chapter 3
Article D and receive approval for such signs.
1.4.2 The applicant shall complete all improvements related to public life, safety, and health as set forth
in UDC 11 -5C -3B. A surety agreement may be accepted for other improvements in accord with
UDC 11 -5C -3C.
1.4.3 The final plat, and any phase thereof, shall substantially comply with the approved preliminaiy
plat asset forth in UDC 11 -6B -3C2.
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EXHIBIT A
1.4.4 The applicant shall obtain approval for all successive phases of the preliminary plat within two
years of the signature of the City Engineer on the previous final plat as set forth in UDC 11 -6B -
7B (if applicable).
1.4.5 The preliminary plat approval shall be null and void if the applicant fails to either 1) obtain the
City Engineer signature on a final plat within two years; or, 2) gain approval of a time extension
as set forth in UDC 11-6B-7.
1.4.6 Upon installation of the landscaping and prior to inspection by Planning Division staff, the
applicant shall provide a written certificate of completion as set forth in UDC 11-313-14A.
2. PUBLIC WORKS DEPARTMENT
2.1 SITE SPECIFIC CONDITIONS OF APPROVAL
2.1.1 Applicant has requested, and the Public Works Department has approved for this development to
slope their sanitary sewer towards the northwest to the existing mainline stub in S. Proud Lane,
however applicant shall be required to construct a "dry -line" 10 -inch diameter sewer main along
the frontage in Victory Road.
2.1.2 Applicant shall be required to extend the 12 -inch diameter main in Victory Road from its current
point of terminus +/- 55 -feet to the west of the subject site. Applicant will also need to upsize the
north -south mainline within the development to a 12 -inch diameter main, to tie into the existing
12 -inch mainline in S. Proud Lane, since it's a mid-section line. The 12 -inch water main
extension in Victory Road shall terminate with a fire hydrant in alignment with the eastern
property boundary.
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 foam 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,
Knightsbridge Subdivision H-2016-0088 PAGE 17
EXHIBIT A
the developer will be responsible for the payment of assessments for the common areas prior to
prior to receiving development plan approval.
2.2.5 All existing structures that are required to be removed shall be prior to signature on the final plat
by the City Engineer,
2.2.6 All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting,
crossing or laying adjacent and contiguous to the area being subdivided shall be tiled per UDC
11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any
other applicable law or regulation.
2.2.7 Any existing domestic well system within this project shall be removed from domestic service per
City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at
(208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic
purposes such as landscape irrigation if approved by Idaho Department of Water Resources
Contact Robert B. Whitney at (208)334-2190.
2.2.8 Any existing septic systems within this project shall be removed from service per City Ordinance
Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and
inspections (208)375-5211.
2.2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated,
fencing installed, drainage lots constructed, road base approved by the Ada County Highway
District and the Final Plat for this subdivision shall be recorded, prior to applying for building
permits.
2.2.10 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted
fencing, landscaping, amenities, etc., prior to signature on the final plat.
2.2.11 All development improvements, including but not limited to sewer and water, fencing, micro -
paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining
certificates of occupancy.
2.2.12 Applicant shall be required to pay Public Works development plan review, and construction
inspection fees, as determined during the plan review process, prior to the issuance of a plan
approval letter.
2.2.13 It shall be the responsibility of the applicant to ensure that all development features comply with
the Americans with Disabilities Act and the Fair Housing Act.
2.2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting
that may be required by the Army Corps of Engineers.
2.2.15 Developer shall coordinate mailbox locations with the Meridian Post Office.
2.2.16 All grading of the site shall be performed in conformance with MCC 11-1-4B.
2.2.17 Compaction test results shall be submitted to the Meridian Building Department for all building
pads receiving engineered backfill, where footing would sit atop fill material.
2.2.18 The engineer shall be required to certify that the street centerline elevations are set a minimum of
3 -feet above the highest established peak groundwater elevation. This is to ensure that the bottom
elevation of the crawl spaces of homes is at least 1 -foot above.
2.2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or
drainage facility within this project that do not fall under the jurisdiction of an irrigation district
or 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.
Knightsbridge Subdivision H-2016-0088 PAGE 18
EXHIBIT A
2.2.20 At the completion of the project, the applicant shall be responsible to submit record drawings per
the City of Meridian AutoCAD standards. These record drawings must be received and approved
prior to the issuance of a certification of occupancy for any structures within the project.
2.2.21 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.meridiancity.org/public_works.aspx?id=272.
2.2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount
of 125% of the total construction cost for all incomplete sewer, water and reuse infrastructure
prior to final plat signature. This surety will be verified by a line item cost estimate provided by
the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash
deposit or bond. Applicant must file an application for surety, which can be found on the
Community Development Department website. Please contact Land Development Service for
more information at 887-2211.
2.2.23 The City of Meridian requires that the owner post to the City a warranty surety in the amount of
20% of the total construction cost for all completed sewer, water and reuse infrastructure for
duration of two years. This surety will be verified by a line item cost estimate provided by the
owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash
deposit or bond. Applicant must file an application for surety, which can be found on the
Community Development Department website. Please contact Land Development Service for
more information at 887-221.
3. POLICE DEPARTMENT
3.1 The Police Department has no comment on this application.
4. FIRE DEPARTMENT
4.1 The Fire Department has no comment on this application
5. REPUBLIC SERVICES
5.1 Republic Services has no comment on this application
6. PARKS DEPARTMENT
6.1 The applicant shall contact Elroy Huff, City Arborist, at 208-371-1755 to schedule an inspection
to determine mitigation requirements for healthy trees on the site, 4 -inch caliper or greater, that
are proposed to be removed in accord with the provisions listed in UDC 11 -3B -10C.
7. ADA COUNTY HIGHWAY DISTRICT
7.1 Site Specific Conditions of Approval
7.1.1 Dedicate 48 -feet of right-of-way from centerline of Victory Road abutting the site.
7.1.2 Construct detached 5 -foot wide sidewalk a minimum 41 -feet from centerline to face of sidewalk
along Victory Road abutting the site.
7.1.3 Widen the pavement a minimum of 17 -feet from centerline along Victory Road and provide a
minimum 3 -foot wide gravel shoulder abutting the site.
7.1.4 Construct S Terri Drive and E Moon Dipper Street as 33 -foot street sections with curb and gutter,
within 40 -feet of right-of-way; an 8 -foot wide parkway strip and 5 -foot wide concrete sidewalk
within an easement.
Knightsbridge Subdivision H-2016-0088 PAGE 19
EXHIBIT A
7.1.5 Constrict S Proud Way as one-half of a 36 -foot street section with curb, gutter, and 5 -foot wide
concrete sidewalk within 50 -feet of right-of-way; plus 12 -feet of additional pavement beyond the
centerline and 3 -foot wide gravel shoulder beyond the existing terminated roadway to the Proud
Way/ Moon Dipper Street intersection.
7.1.6 Provide a permanent easement for any public sidewalk located outside of the dedicated right-of-
way.
7.1.7 Constrict a new local street, S Terri Drive, onto Victory Road located 967 -feet east of Bay Star
Way and 555 -feet west of Knapp Place, in alignment with S Terri Drive, from the site.
7.1.8 Constrict a new local street, Moon Dipper Street to intersect Proud Way, 195 -feet south of
Mackay Drive.
7.1.9 Construct 1 stub street, Moon Dipper Street, 150 -feet to the east property line, located 632 -feet
north of Victory Road.
7.1.10 Install signage at the terminus of the stub street stating that, "THIS ROAD WILL BE
EXTENDED IN THE FUTURE."
7.1.11 Payment of impacts fees are due prior to issuance of a building permit.
7.1.12 Comply with all Standard Conditions of Approval.
7.2 Standard Conditions of Approval
7.2.1 All proposed irrigation facilities shall be located outside of the ACHD right-of-way (including all
easements). Any existing irrigation facilities shall be relocated outside of the ACHD right-of-way
(including all easements).
7.2.2 Private Utilities including sewer or water systems are prohibited from being located within the
ACHD right-of-way.
7.2.3 In accordance with District policy, 7203.3, the applicant may be required to update any existing
non-compliant pedestrian improvements abutting the site to meet current Americans with
Disabilities Act (ADA) requirements. The applicant's engineer should provide documentation of
ADA compliance to District Development Review staff for review.
7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the
construction of the proposed development. Contact Construction Services at 387-6280 (with file
number) for details.
7.2.5 A license agreement and compliance with the District's Tree Planter policy is required for all
landscaping proposed within ACHD right-of-way or easement areas.
7.2.6 All utility relocation costs associated with improving street frontages abutting the site shall be
borne by the developer.
7.2.7 It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The
applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The
applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business days
prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic
Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during
any phase of construction.
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
Knightsbridge Subdivision H-2016-0088 PAGE 20
EXHIBIT A
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 ACRD prior to District approval for occupancy.
7.2.11 No change in the terms and conditions of this approval shall be valid unless they are in writing
and signed by the applicant or the applicant's authorized representative and an authorized
representative of ACHD. The burden shall be upon the applicant to obtain written confirmation of
any change from ACHD.
7.2.12 If the site plan or use should change in the future, ACHD Planning Review will review the site
plan and may require additional improvements to the transportation system at that time. Any
change in the planned use of the property which is the subject of this application, shall require the
applicant to comply with ACHD Policy and Standard Conditions of Approval in place at that time
unless a waiver/variance of the requirements or other legal relief is granted by the ACHD
Commission.
Knightsbridge Subdivision H-2016-0088 PAGE 21
EXHIBIT A
C. Legal Description & Exhibit Map for Annexation Boundary
DESCRIPTION FOR
ANNEXATION AND REZONE
KNIGHTSBRIDGE SUBDIVISION
A parcel of land located in the SE 114 of the SW 1/4 of Section 21, Township 3
North, Range I East, Boise Meridian, Ada County, Idaho being more particularly
described as follows'.
Commencing at the SW corner of said Section 21, from which the 5114 corner
of said Section 21 bears South 8904904" East, 2657.22 feet,
thence along the South boundary line of said Section 21 South 89'48"04" East,
197815 feet to the REAL POINT OF BEGINNING;
thence leaving said South boundary line North 001115611 East, 26,00 feet;
thence North 03'31'12" Last, 145,33 feet;
thence North 00'01'56" East, 93.03 feet-,
thence North 89'48'04" West, 58.72 feet:
thence North 00'01'56°' East, 533.15 feet to an angle point In the exterior
boundary line of Sutherland Farm Subdivision No. I as filed in Book 86 of Plats at
Pages 9806 through 9808, records of Ada County, Idaho-,
theme along said exterior boundary line South 8W48'02" East, 299.87 feet;
thence leaving said exlerior boundary line South 00'01'56" West, 796.27 feet to
a point on the South boundary line of said Section 21:
thence along said South boundary line North 89048'04" West, 250.07 feet to the
REAL POINT OF BEGINNING. Containing 5.15 acres, more or less.
Knightsbridge Subdivision H-2016-0088 PAGE 22
EXHIBIT A
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Knightsbridge Subdivision H-2016-0088
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PAGE 23
EXHIBIT A
D. Required Findings from Unified Development Code
Annexation Findings:
Upon recommendation from the Commission, the Council shall make a full investigation
and shall, at the public hearing, review the application. In order to grant an annexation, the
Council shall make the following findings:
a. The map amendment complies with the applicable provisions of the Comprehensive
Plan;
The Applicant is proposing to annex 5.15 acres with an R-4 zoning district and develop 17
new single-family residential homes. Council finds that the proposed map amendment
complies with the 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;
Council finds that the proposed map amendment to the R-4 zoning district is consistent with
the purpose statement for the residential districts as detailed in Section VIII above.
c. The map amendment shall not be materially detrimental to the public health, safety,
and welfare;
Council finds that the proposed zoning map amendment will not be detrimental to the public
health, safety, or welfare. City utilities will be extended at the expense of the applicant.
Council considered any oral or written testimony that was provided when determining this
finding.
d. The map amendment shall not result in an adverse impact upon the delivery of services
by any political subdivision providing public services within the City including, but not
limited to, school districts; and,
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).
Council finds annexing this property with an R-4 zoning district is in the best interest of the
City with the provision of a development agreement.
2. Preliminary Plat Findings:
In consideration of a preliminary plat, combined preliminary and final plat, or short
plat, the decision-making body shall make the following findings:
a. The plat is in conformance with the Comprehensive Plan;
Council finds that the proposed plat is in substantial compliance with the adopted
Comprehensive Plan in regard to land use, transportation, and circulation. Please see
Comprehensive Plan Policies and Goals, Section VII, of the Staff Report for more
information.
b. Public services are available or can be made available and are adequate to
accommodate the proposed development;
Council finds that public services will be provided to the subject property upon development.
(See Exhibit B of the Staff Report for more details from public service providers.)
Knightsbridge Subdivision H-2016-0088 PAGE 24
EXHIBIT A
c. The plat is in conformance with scheduled public improvements in accord with the
City's capital improvement program;
Because City water and sewer and any other utilities will be provided by the development at
their own cost, 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;
Council relies upon comments from the public service providers (i.e., Police, Fire, ACHD,
etc.) to determine this finding. (See Exhibit B for more detail.)
e. The development will not be detrimental to the public health, safety or general welfare;
and
Council is not aware of any health, safety, or environmental problems associated with the
platting of this property. ACHD considers road safety issues in their analysis. Council
considers any public testimony that may be presented when determining whether or not the
proposed subdivision may cause health, safety or enviromnental problems of which Council
is unaware.
L The development preserves significant natural, scenic or historic features.
Council is unaware of any natural, scenic or historic features on this site. Therefore, Council
finds that the proposed development will not result in the destruction, loss or damage of any
natural, scenic or historic feature(s) of major importance. Council referenced any public
testimony that may be presented to determine whether or not the proposed development may
destroy or damage a natural or scenic feature(s) of major importance of which Council is
unaware.
Knightsbridge Subdivision H-2016-0088 PAGE 25