Verado Subdivision H-2016-0047ADA COUNTY RECORDER Christopher D. Rich 2016-119079
BOISE IDAHO Pgs=54 BONNIE OBERBILLIG 12/08/2016 01:23 PM
CITY OF MERIDIAN, IDAHO NO FEE
DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. C15, LLC, Owner/Developer
THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into
this 11p day of _mb, ( -, 2016, by and between City of Meridian, a municipal
corporation of the State of Idaho, hereafter called CITS'" whose address is 33 E. Broadway Avenue,
Meridian, Idaho 83642 and C1.5, LEC, whose address is 4824 W. Fairview Avenue, Boise, Idaho
83706, hereinafter called OWNEW DEVELOPER.
1. RECITALS:
1.1 WHEREAS, Owner is the sole owner, ire law and/or equity, of certain tract
of land in the County of Ada, State of Idaho, described in Exhibit "A", which
is attached hereto and by this reference incorporated herein as if set forth in
full, herein after referred to as the Property, and
1.2 WHEREAS, Idaho Code § 67-6511A provides that cities may, by ordinance,
require or permit as a condition of zoning that the Ower/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 uponthe annexation 'and/or re -zoning of
land; and
1A WHEREAS, Owner/Developer has submitted an application for the
annexation and zoning, of approximately *19,35 acres of land from the RUT
zoning district in Ada .County to the R=8 (Medium Density Residential)
(7.89acres) and R-15 (Medium -High Density, Residential) (11.46) zoning
districts (as described in Exhibit "A"), under the Unified Development Code,
which generally describes how the Property will be developed and what
improvements will be made; and
1.5 WHEREAS, Owner/Developer made representations at the public hearings
both before the Meridian Planning & Zoning Commission and before the
Meridian City Council, as to how the Property will be developed and what
improvements will be made; and
DEVELOPMENT AGREEMENT—VERADO SUBDIVISION (H-2016-0047 PAG61 OF 8
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 furthertestimony and comment; and
1.7 WHEREAS, on the 50' day of July, 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 final
plat; and
1.9 WHEREAS, Owner/Developer deems it to be in its best interest to be able to
enter into this Agreement and acknowledges that this Agreement was entered
into voluntarily and at its urging and request; and
1.10 WHEREAS, City requires the Owner/Developer to enter into a development
agreement for the purpose of ensuring that the Property is developed and the
subsequent use of the Property is in accordance with the terms and conditions
of this Agreement, herein being established as a result of evidence received
by the City in the proceedings for zoning designation from government
subdivisions providing services within the planning jurisdiction and from
affected property owners and to ensure zoning designation are in accordance
with the amended Comprehensive Plan of the City of Meridian on April 19,
2011, Resolution No. 11-784, and the UDC, "Title 11.
NOW, THEREFORE, in consideration of the covenants and conditions set forth
herein, the parties agree as follows:
2. INCORPORATION OF RECITALS: That the above recitals are contractual and
binding and are incorporated herein as if set forth in full.
3. DEFINITIONS: For all purposes ofthis 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 amunicipal 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 Cl 5, LLC, whose address is
4824 W. Fairview Avenue, Boise, Idaho 83706, the party that own and are
DEVELOPMENT AGREEMENT - VERADO SUBDIVISION (H-2016-0047) PAGE 2 or 8
0
developing said Property and shall include any subsequent
owners)/developers of the Property.
3.3 PROPERTY: means and refers to that certain parcel(s) of Property located
in the County of Ada, City of Meridian as described in Exhibit "A"
describing the parcels to be re -zoned Medium Density Residential (R-8) and
Medium -High Density Residential (R-15) Districts 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. Except the public street access to E. Ustick Road, direct lot access to E. Ustick Road, an
arterial street, is prohibited in accord with UDC 11-3A-3.
b. The applicant shall comply with the submitted home elevations attached in Exhibit A.4
of the Staff Report in the Findings of Fact and Conclusions of Law attached hereto as
Exhibit B,. Future homes adjacent to E. Ustick Road (Lots 2-10, Block 1, and Lots 2-10,
Block 2) shall incorporate a mix of materials, windows and decorative trim, and two
variations in the roof lines to provide articulation and modulation to the side and rear
facades that face the arterial street.
c. The applicant shall obtain awaiver from City Council to UDC 11 -3A -6A in order forthe
South Slough to remain open and not be piped due to the large capacity of the facility. If
a waiver is not obtained, the waterway is required to be piped.
d. The landscape buffers along E. Ustick Road must be constructed with the first phase of
development.
e. The developer shall provide the amenities within the central common area on Lot 8,
Blook 3, a segment of the City's multi -use recreational pathway and pathways through
internal common areas as proposed on the landscape plan in Exhibit A.3 of the Staff
Report in the Findings of Fact and Conclusions of Law attached hereto as Exhibit B, and
in accord with the qualified site amenity requirements listed in UDC 11--3G-3C.
b. COMPLIANCE PERIOD This Agreement must be fully executed within six (6)
months after the date of the Findings for the annexation and zoning or it is null and void.
DEVELOPMENT AGREEMENT -VERADO SUBDIWSION (H-2016-0047) PAGE 3 OF 8
fir'
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—VERADO SUBDIVISION (H-2016-0047) PAGE 4 or 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 portion thereof in accordance with the terms and
conditions of this Agreement and all other ordinances of the City that apply to said Property.
9. REQUIREMENT FOR RECORDATION: City shall record this Agreement,
including all of the Exhibits, and submit proof of such recording to Owner/Developer, prior to the
third reading of the Meridian Zoning Ordinance in connection with the re --zoning of the Property by
the City Council. If for any reason after such recordation, the City Council fails to adopt the
ordinance in connection with the annexation and zoning of the Property contemplated hereby, the
City shall execute and record an appropriate instrument of release of this Agreement.
10. ZONING: City shall, following recordation ofthe duly approved Agreement, enact a
valid and binding ordinance zoning the Property as specified herein.
11. SURETY OF PERFORMANCE: The City may also require surety bonds,
irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under the
UDC, to insure the installation of required improvements, which the Owner/Developer agree to
provide, if required by the City.
12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued
in any phase in which the improvements have not been installed, completed, and accepted by the
City, or sufficient surety of performance is provided by Owner/Developer to the City in accordance
with Paragraph 11 above.
13. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer 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, postageprepaid, return receipt requested, addressed
as follows:
CITY:
City Cleric
City of Meridian
33 E. Broadway Ave.
Meridian, ID 83642
OWNER/DEVELOPER:
C15, LLC
4824 W. Fairview Avenue
Boise, ID 83709
with copy to:
City Attorney
City of Meridian
33 E. Broadway Avenue
Meridian, ID 83642
DEVELOPMENT AGREEMENT- VERADO SUBDIVISION (H-2016-0047)
PAGE 5 or 8
m
14.1 A parry 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 perforin.
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 have fully performedtheir obligations underthis 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 othei wise expressly provided, each parry
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 thein
or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted
ordinance or resolution of City.
DEVELOPMENTAGREEMENT-VERADO SUBDIVISION (H-2016-0047) PAGE 6 or• 8
21.1 No condition governing the uses and/or conditions governing re -zoning of the subject
Property herein provided for can be modified or amended withoutthe approval of the
City Council after, the City has conducted public hearing(s) in accordance with the
notice provisions provided for a zoning designation and/or amendment in force at the
time of the proposed amendment.
22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the
date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in
connection with the annexation and zoning of the Property and execution of the Mayor and City
Clerk.
[end of text; signatures, acknowledgements, and Exhibits A and B follow]
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement and made
it effective as hereinabove provided.
OWNER/DEVELOPE' R:
C15, LLC
AT TES
". -
rf
Jay i, City Clerk
CITY OF MERIDIAN
By:
May T mmy de Weerd
QS7fl'
It) pji
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DEVELOPMENT AaREEMENT--VERADO SUBDIVISION (H-2016-0047) NOE 7 OF 8
STATE OF IDAHO" )
. ss:
County of Ada, )
On this Zt day of 'j�0ve,,,,,6>., , 2016, before me, the undersigned, allotaly Public iii and
for said State, personally appeared _ '-14 VA& a,- , l sown or identified to me to be
the of C15, LLC and acicnowledged'to nye that he executed the same
on behalf of said. corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year in this certificate first above written,,
O's—,,AV, .(n06
SEAL
P i
(. ) Ay � OT Ail r MY
oil
�r+e oe9 �'UBL ae`O ;
STATE OF IDAHO )
Notary Public for Idaho
Residing at:
My Commission Expires: 7.t2tq
SS
County of Ada )
On this L day of , 2016, before me, a Notary :Public,.
�ersonall. a eared `I'a�mila de Weerd and '
1 Y pp Y �z�; . now or idenfiified fo me to be fireC 0
Mayor and Cleric, respectively, of the City of Meridian, ,Nho executed the instr•unlent or the person
that executed the instrument of behalf of said City, and aclulowledged to i-ne that such City executed
the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year in this certificate first above written.
��4f/t09fD®gid° G�
`tea, Notary Public for Idaho
j# Us Residing at; aLa 4(-A'
Commission expires:
DEVELOPMEN•r AGREEMENT- VERADO SUBDIVISION (H-2016-0047) PAGE 8 Or 8
Exhibit A
STAFF REPORT
Hearing Date: June 21, 2016
awl
TO: Mayor and City Council
FROM: Josh Beach, Associate City Planner
208-884-5533
Bruce Freckleton, Development Services Manager
208-887-2211
SUBJECT: Verado Subdivision — H-2016-0047
I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, DevCo, LLC, has submitted an application for annexation and zoning (AZ) of 20.28
acres of land with both an R-8 zoning district (5.12 acres) an R-15 zoning district (14.23); and a
preliminary plat (PP) consisting of 122 building lots and 18 common lots on 19.35 acres of land for
Verado Subdivision.
II. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed AZ and PP applications in accord with the conditions of
approval in Exhibit B and the Findings of Fact and Conclusions of Law in Exhibit D.
The Meridian Planning & Zoning Commission heard these items on Mav 19.2016. At the
public hearing, the Commission moved to recommend approval of the subject annexation and
zoninj4,
and preliminary plat
requests.
a,. Summary
of Commission
Public
Hearing:
L
In favor: Jim Conger
L
In opposition: Jason
Brodt,
Shannon Graves, Bob Jenkins, Jack Kormouche; Ben
Innocent, William
Kerwin,
Katie McCarnev, Sylvia Jenkins, Rosellen Vjllarea
Price, Viclde Thornton.
LiCommenting:
Bruce
Carman,
Chris Catherman, Justin Graves,
iy,
Written testimony:
Jim Conger
(Applicant)
y-
Staff presenting application:
Josh Beach
AL
Other staff commenting on application:
Andrea Powe
b, Key
issue(s) of Public
Testimony:
Increased traffic through
the
existing subdivisions
jj.
Appropriateness of
the proposed
zoning designations for the area
iii,
The potential to provide
a stub
street to the adjacent property to the north for future
development.
Density of the proposed
subdivision
v
Size of theroposed
lots
yi.
Providing the vehicular
connection
over the South Slough.
yii.
The transition between
the proposed
R-15 district and the existing R-8 zoning di trict
viii•
Two story homes
overshadowing
the existing one story homes.
v Key
Issues of Discussion
by Commission:
Mixture of home types
in the
development
Density of the proposed
development
iii
Appropriateness of
the vehicular
connection over the South Slough.
d.. Commission Change(s)
to Staff
Recommendation:
Verado Subdivision — H-2016-0047 PAGE 1
Exhibit A
i. Remove condition 1.1.2C(3) (See condition 1.1.1C).
ii. Remove condition 1.1,3Q) (See condition 1.1.3(21.
-e— Outstanding Issues) for City Council:
i. None
The Meridian City Council heard this item on June 21, 2016. At the public hearings, the
Council moved to approve the AZ and PP request.
a. Summary of City Council Public Hearing:
L In favor: Jim Conger
ii. In opposition: Robert Jenldns, Randy Pipal
iii. Commenting: Robert Jenkins, Randy Pipal,
iv. Written testimony: Celina Innocent, Ben Innocent, Randy Pipal
v. Staff presenting application: Josh Beach
A. Other staff commenting on application: Caleb Hood, Bill Nary
b. Key Issues of Discussion by Council:
i. Overall density of the plat.
ii. Locations of both the R-8 and R-15 zoning districts within the development.
iii. The transition from the R-8 lots on the north side opf the South Slough, to the R-4 lots
on the south side.
iv. Cross -access to the Ada County Parcel to the northwest of the subdivision, and the
wording of he easement.
c. Key Council Changes to Staff/Commission Recommendation
i. None
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to recoimnend approval to the City
Council of File Number H-2016-0047, as presented in the staff report for the hearing date of May 19,
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-2016-0047, as presented during the hearing on May 19, 2016, for the
following reasons: (You should state specific reasons for denial)
Continuance
I move to continue File Number H-2016-0047 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 near the southeast corner of N. Locust Grove Road and E. Ustick Road in the
NE 1/a of Section 5, Township 3N., Range 1E.
B. Owners:
The Vern R. and Angelina P. Alleman Trust
11440 W. Darkwood Street
Star, ID 83669
Verado Subdivision — H-2016-0047 PAGE 2
Exhibit A
C. Applicant:
DevCo, LLC
4824 W. Fairview Ave.
Boise, ID 83706
D. Representative:
Conger Management Group
4824 W. Fairview Ave.
Boise, ID 83706
E. Applicant's Statement/Justification: Please see applicant's narrative for this information.
V. PROCESS FACTS
A. The subject application is for annexation and zoning and preliminary plat. A public hearing is
required before the Planning & Zoning Commission and City Council on this matter, consistent
with Meridian City Code Title 11, Chapter 5.
B. Newspaper notifications published on: May 2 and 16, 2016 (Commission)
C. Radius notices mailed to properties within 300 feet on: April 28, 2016 (Commission)
D. Applicant posted notice on site(s) on: May 9, 2016 (Commission)
VI. LAND USE
A. Existing Land Use(s) and Zoning: The annexation area consists of agricultural property and three
single-family homes, zoned RUT in Ada County.
B. Character of Surrounding Area and Adjacent Land Use and Zoning:
1. North: E. Ustick Road; Single-family residential properties in Summerfield and Champion
Park Subdivision, zoned R-4 and R-8.
2. East: Single-family residential properties in Packard Acres subdivision, zoned R-4 and
county residences, zoned RUT in Ada County.
3. South: Single-family residential properties in Packard Acres Subdivision, zoned R-4, and
Single-family residential properties in Chamberlain Estates Subdivision, zoned R-8.
4. West: Single-family residential properties in Chamberlain Estates Subdivision, zoned R-8
C. History of Previous Actions: None
D. Utilities:
1. Location of sewer: Sanitary sewer mains intended to provide service to the proposed
development currently exist in E. Kamay Drive near the southwest corner of this parcel.
2. Location of water: Water mains intended to provide service to the proposed development
currently exist adjacent to the proposed development in N. E. Ustick Road as well as two stub
streets coming into this parcel.
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 upsize the main connecting
N. Devlin Way to E. Ustick Road to a 12 -inch diameter main.
Verado Subdivision — H-2016-0047 PAGE 3
Exhibit A
E. Physical Features:
1. Canals/Ditches Irrigation: The South Slough traverses the property. This waterway will
remain open as part of the subject development.
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).
The applicant proposes to develop this 19.35 acre site with 122 single-family residential stiuctures.
The structures will be a mix of attached and detached single-family residential homes. The project
will have a gross density of 6.30 dwelling units per acre (d.u./acre) and a net density of 9.80 d.u./acre,
which is consistent with the density desired in MDR designated areas.
Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to
the proposed use (staff analysis in italics):
"Support a variety of residential categories (low-, medium-, medium-high
and high-density single-family, multi -family, townhouses, duplexes,
apartments, condominiums, etc.) for the purpose of providing the City
with a range of affordable housing opportunities." (3.07.01E)
The proposed single-family attached and detached dwellings will contribute to the variety of
housing types available within the City.
"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 I1 -3A-21.
"Require coimnon area in all subdivisions." (3.07.02F)
The proposed plat depicts a total of 2.03 acres (or 10.5%) of qualified open space in accord
with the requirements listed in UDCJ1-3G-3.Additonal open space is being requested to
enhance pedestrian connectivity and to accommodate the residences on the south side of the
South Slough.
"Implement the City's Pathways Master Plan." (5.03.01A)
A segment of the Cio;'s multi -use pathway system is designated on the Master Pathways Plan
on this site along the north side of the South Slough. This segment of the pathway must be 10
feet wide and will be required to be paved in accord with UDC 11-3A-8 and landscaped in
accord with UDC I1 -3B-12. All pathways shall be installed with the first phase of
development.
"Review new development for appropriate opportunities to connect local roads and collectors
to adjacent properties (stub streets). (3.03.020)
The proposed plat depicts connections to existing stub streets from Chamberlain Estates
Subdivision (E. Kamay Drive), and Packard Acres Subdivision (E. Kamay Drive and N.
Devlin Way). The applicant also proposes to stub streets to the east and west for future
Verado Subdivision — H-2016-0047 PAGE 4
Exhibit A
developnient. Staff'also requires that the applicant Reconfigure the northwest corner of the
proposed subdivision to allow for redevelopment of parcel# 51105212981.
"Require pedestrian access connectors in all new development to link, subdivisions together to
promote neighborhood connectivity as part of a connnunity pathway system." (3.03.03B)
The applicant will construct the 10 foot multi -use pathway along the north side of the South
Slough. The applicant is also proposing 5 -foot attached sidewalks that will connect to
existing sidewalks to the south, east and west as well as to the proposed sidewalk along E.
Ustick Road. Staff is requesting that the applicant realign the pedestrian pathway (Lot12,
Block 4) so that it lines up with the proposed pedestrian pathway on Lot 8, Block 3. The
preferred location is between Lot 16 and 17, Block 4, so that the pathway aligns with the
proposed pathway going south from Lot 8, Block 3.
"Reduce the number of existing access points onto arterial streets by using methods such as
cross access agreements, access management and frontage/backage roads." (3.03.02N)
The submitted plat depicts one access point to E. Ustick Road as well as connecting to three
(3) existing stub streets (E. Kannay St. (two connections), and N. Devlin. Way for
interconnectivity). The applicant is proposing to stub a street on the west boundary and one
stub street on the east boundary for fixture extension. To ensure the one acre parcel in the
northwest corner of the development will have street frontage in the f tture, staff recommends
that the applicant shift N. Sumner Park Avenue to the west so that it abuts the parcel and
provides public street frontage.
"Require new residential development to meet development standards regarding landscaping,
signage, fences and walls, etc." (3.05.02C)
Street buffer landscaping is required adjacent to E. Ustick Road in accord with the standards
listed in UDC 11 -3B -7C. Separate permits shall be obtained for signage and fencing in
compliance with the standards listed in UDC 11-3D-5 and 11-3A-7 respectively.
"Coordinate with public works, police, and fire departments on proposed annexation and
development requests, and the impacts on services." (3.04.0 111)
Staff has coordinated with public works, police and f re and has incorporated their comments
and conditions in this report.
"Improve and protect creeks (Five Mile, Eight Mile, Nine Mile, Ten Mile, South Slough, and
Jackson and Evans Drainages) throughout commercial, industrial and residential
areas."(5.01.01E)
The applicant is proposing to leave the South Slough open, to provide fencing as required by
the UDC, to install landscaping, and construct the regional pathway.
"Elevate/enhance quality of residential site and subdivision planning." (3.07.02)
Staff has included the following recommended changes to the plat to enhance the quality of
the design:
1. Provide an additional stub street fi-onn N. Delvin Way to the undeveloped Ada county
parcels to the east.
2. Realign the pedestrian pathway (Lot12, Block 4) so that it lines up with the proposed
pedestriann pathway on Lot 8, Block 3.Preferred location is between Lot 16 and 17, Block
4.
Verado Subdivision — H-2016-0047 PAGE 5
Exhibit A
3. Lots south of N. Devlin Way, should be zoned R-8 in order to offer a transition to the lots
in Packard Acres Subdivision, zoned R-4. Lots along the east boundary between N.
Devlin Way and E. Ringneck Street should have a rninimami street frontage of 40 feet and
a 4, 000 square foot lot sizes.
4. Add an additional open -space lotfor the lots on the south side of the South Slough. Lot
32, Block 4 should be converted to an open space lot and developed with a qualifying
amenity as set forth in UDC 11 -3G -3C.
5. Reconfigure the northwest corner of the proposed subdivision to allow for redevelopment
of parcel# 51105212981 with public street f tontage
For the above stated reasons, staff finds the proposed project is generally consistent with the goals
and objectives in the Comprehensive Plan.
VIII. UNIFIED DEVELOPMENT CODE (UDC)
A. Purpose Statement of Zone: Per UDC 11-2A-1, the purpose of the residential districts is to
provide for a range of housing opportunities consistent with the Meridian comprehensive plan.
Residential districts are distinguished by the allowable density of dwelling units per acre and
corresponding housing types that can be accommodated within the density range. The medium
density residential (R-8) district allows a maximum gross density of 8 dwelling units per acre.
B. Schedule of Use: Unified Development Code (UDC) Table 11-2A-6 lists the principal permitted
(P), accessory (A), conditional (C), and prohibited (-) uses in the R-8 zoning district. Any use not
explicitly listed, or listed as a prohibited use is prohibited. The proposed uses of the site for
single, family attached and detached dwellings are principally permitted uses in the R-8 and R-15
zoning districts.
C. Dimensional Standards: Development of the site should be consistent with the dimensional
standards listed in UDC Tables 11-2A-6 and 11-2A-7 for the R-8 and R-15 zoning districts.
D. Landscaping:
Street buffer landscaping shall be installed in accordance with the standards listed in UDC
Tables 11-2A-6, 11-2A-7 and UDC 11 -3B -7C for the R-8 and R-15 zoning districts.
The proposed micropaths and pathways shall comply with the design standards in accord with
UDC 11-3A-8 and UDC 11-313-12.
Per UDC 11-3G-3, the plat is required to provide 10 percent open space and one amenity for
every 20 acres of development area.
E. Subdivision Design and hnprovement Standards: The subdivision must comply with the
subdivision design standards outlined in UDC 11-6C-3.
F. Off -Street Parking: Off-street parking is required in accord with UDC Table 11-3C-6 for single-
family and multi -family dwellings.
IX. ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
1. Annexation & Zoning
The applicant has applied for annexation and zoning of 20.28 acres of land with both R-8 and R-
15 zoning districts. As discussed above in Section VII, staff believes the proposed zoning
designations are generally consistent with the policies in the Comprehensive Plan.
Verado Subdivision — H-2016-0047 PAGE 6
Exhibit A
The applicant proposes to develop 122 new single-family residential attached and detached
homes as shown on the preliminary plat included in Exhibit A.2.
The legal description submitted with the application, included in Exhibit C, shows the boundaries
of the property proposed to be annexed. The property is contiguous to land that has been annexed
into the City and is within the Area of City Impact boundary. As noted below, staff is
recommending additional land area is zoned R-8. Therefore a revised legal description and
exhibit map is required prior to the Council hearing that accurate reflects the correct zoning
boundaries of the proposed R-8 zoning district.
The City may require a development agreement (DA) in conjunction with an annexation pursuant
to Idaho Code section 67-6511A. In order to ensure the site develops as proposed with this
application, staff recommends a DA as a provision of annexation with the provisions included in
Exhibit B.
2. Preliminary Plat
The proposed plat consists of 122 building lots and 18 common lots on 19.35 acres of land in a
proposed R-8 and R-15 zoning districts (see Exhibit A.2). The gross density for the subdivision is
6.3 d.u./acre with a net density of 9.8 d.u./acre. The average lot size is 4,445 square feet.
Plat Improvements: As proposed, staff has several concerns with the design of the proposed
subdivision. Prior to the Commission hearing, staff recommends the following revisions to the
plat to ensure there is adequate pedestrian and vehicular connectivity to the adjacent County
parcels and open space/amenities to commensurate to a development of this size:
1. Provide an additional stub streetfi^orn N. Delvin Way to the undeveloped Ada county
parcels to the east.
2. Realign the pedestrian pathway (Lotl2, Block 4) so that it lines up with the proposed
pedestrian pathway on Lot 8, Block 3.Preferred location is between Lot 16 and 17, Block
4.
3. Lots south of N. Devlin Way, should be zoned R-8 in order to offer a transition to the lots
in Packard Acres Subdivision, zoned R-4. Lots along the east boundary between N.
Devlin Way and E. Ringneck Street should have a minimumn street f rontage of 40 feet and
a 4, 000 square foot lot sizes.
4. Add an additional open -space lot for the lots on the south side of the South Slough. Lot
32, Block 4 should be converted to an open space lot and developed with a qualifying
amenity as setforth in UDC 11 -3G -3C.
5. Reconfigure the northwest cornier of the proposed subdivision to allow for redevelopment
of parcel# 51105212981 with public street frontage.
Dimensional Standards: Development of this site is required to comply with the dimensional
standards listed in UDC 11-2A-3 and Table 11-2A-6 for the R-8 zoning district and 11-2A-7 for
the R-15 zoning district. Staff has reviewed the proposed plat and found it to be in compliance
with those standards.
Access: Access is proposed for this site via one access from E. Ustick Road and via the extension
of existing stub streets from Chamberlain Estates (E. Kamay Drive) and Packard Acres (N.
Devlin Way). As mentioned above, staff has concerns with the limited connectivity in the area.
Therefore, staff recommends that an additional stub street be provided on the east boundary of the
development for increased connectivity. Further, staff recommends that N. Sumner Park Avenue
be shifted to the west so that it is contiguous with the one acre parcel located in the northwest
corner of the proposed development. Staff believes shifting the street will provide the required
Verado Subdivision — H-2016-0047 PAGE 7
Exhibit A
public street frontage for future redevelopment of said parcel and eliminate the need for a
conunon driveway for Lots 7-10, Block 1.
Common Driveways: The applicant is proposing two (2) common driveways in this project. All
coimnon driveways should comply with the standards listed in UDC 11 -6C -3D. Staff has
reviewed the dimensions of the common driveways depicted on the plat and they are consistent
with these standards. Unless limited by a significant geographical feature, or separated by a
minimum 5 -foot wide landscaped common lot, all properties that abut a common driveway
shall take access from the driveway.
A perpetual ingress/egress easement is required to be filed with the Ada County Recorder,
which shall include a requirement for maintenance of a paved surface capable of supporting
fire vehicles and equipment.
For any plats using a common driveway, the setbacks, building envelope, and orientation of
the lots and structures are required to be shown on the preliminary plat and/or as an
exhibit with the final plat application.
As mentioned above, staff is not supportive of Lots 7-10, Block 1 from taking access from a
common drive. If the roadway is aligned as recommended above, these lots would also have
public street frontage.
Parking: Off-street parking is required on each residential lot in accord with the standards listed
in UDC 11-3C-6.
Landscaping: A landscape plan was submitted with this application for the area proposed to be
platted as shown in Exhibit A.3.
A 25 -foot wide street buffer is required along E. Ustick Road, an arterial street, per UDC Table
11-2A-6 and 11-2A-7, and is required to be landscaped in accord with the standards listed in
UDC 11 -3B -7C. Staff recommends this buffer be constructed with the first phase of
development. The gravel adjacent to E. Ustick road between the sidewalk and the curb needs to
be removed and landscaped according to UDC 11 -3B -7C.
Landscaping within the common areas is required in accord with the standards listed in UDC 1I -
3G -3E. The landscape plan complies with these standards.
Landscaping is required along all pathways in accord with the standards listed in UDC 11 -3B -
12C. If the Irrigation District does not allow landscaping within their easement, provide an
additional 5 feet outside of the easement for landscaping.
Tree Mitigation: If there are existing trees on the site that are proposed to be removed; the
applicant should contact Elroy Huff, City Arborist, at 888-3579 to schedule an appointment to
confirm mitigation requirements prior to removal of any trees on the site.
Open Space: A minimurn of 10% qualified open space is required to be provided for this
development in accord with UDC 11 -3G -3A.1. Based on the area of the preliminary plat (19.35
acres), a minimum of 1.93 acres of qualified open space is required to be provided as set forth in
UDC 11 -3A -3B. A total of 10.5% of qualified open space is proposed consisting of/z the street
buffer along E. Ustick Road, the regional pathway along the South Slough, the micropath lot and
internal common open space area comply with this requirement. Staff recommends that Lot 32,
Block 4 be converted to common lot and developed with a qualifying amenity in accord with
UDC 11 -3G -3C for the south portion of the proposed development.
Site Amenities: All developments consisting of five acres of more are required to provide a
minimum of one site amenity; one additional site amenity is required for each additional 20 acres
per UDC 11 -3G -3A.2, in accord with the standards listed in UDC 11 -3G -3C. Based on the area of
Verado Subdivision — H-2016-0047 PAGE 8
Exhibit A
the preliminary plat (19.35 acres), staff requires a minimum of 1 qualified site amenities be
provided. The applicant proposes to provide a tot lot within the central common area on Lot 8,
Block 3, a segment of the City's multi -use recreational pathway and pathways through internal
common areas in accord with this requirement. As noted above, staff recommends another
qualifying amenity be provided within the development on Lot 32, Block 4 as noted above.
Pathways: The Pathways Master Plan depicts a regional pathway on this site along the north side
of the South Slough. The applicant proposes to provide the extension of the regional pathway as
an amenity for the proposed subdivision. The 10 -foot multi -use pathway must be paved and
landscaped in accord with the standards set forth in UDC 11-3A-8 and UDC 11-3B-12.
Four -foot tall bollard lighting, or other appropriate lighting source, is required along all
pathways through common areas that are not visible from a public street as set forth in
UDC 11 -3A -8H. The landscape plan should be revised to include lighting along pathways in
accord with this requirement.
A recreational pathway easement for the pathway is required to be submitted to the Park's
Department, approved by City Council and recorded.
Sidewalks: Sidewalks are required along all public streets as set forth in UDC 11-3A-17. The
applicant proposes to construct 5 -foot wide attached sidewalks throughout the development. A 5 -
foot wide attached sidewalk exists along Ustick Road with the recent expansion of said street.
Utilities: All development is required to connect to the City water and sewer system unless
otherwise approved by the City Engineer in accord with UDC 11-3A-21.
Street lighting is required to be installed within the development in accord with the City's
adopted standards, specifications and ordinances.
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.
Waterways: The South Slough bisects the property. The South Slough lies within an 80 -foot
wide Nampa Meridian Irrigation District easement, (a portion of which was created as a common
lot in the adjacent Packard Acres subdivision). The 10 -foot multi -use pathway will be installed
within the easement, and the applicant should coordinate with the irrigation district on
maintenance of the common lots.
The UDC. (11-3A-6) requires all irrigation ditches, laterals, canals and drains to be piped unless
left open as a water amenity (as defined in UDC 11-1A-1) or linear open space. The City Council
may waive this requirement for large capacity facilities. The applicant requests a waiver from
Council to allow the South Slough to remain open due to its large capacity and proposes to
provide a bridge over the drain for a vehicle/pedestrian crossing.
Building Elevations: The applicant has submitted some conceptual sample building elevations
for future homes in this development, included in Exhibit A.4. Building materials appear to
consist of a mix of board and batten and horizontal lap siding and stone accents.
Because homes on lots that back up to E. Ustick Road will be highly visible, staff
recommends the rear or sides of structures on lots that face the street incorporate
articulation through changes in materials, color, modulation, and architectural elements
(horizontal and vertical) to break up monotonous wall planes and roof lines. In addition, the
attached single-family homes will be subject to design review (see below.)
Certificate of Zoning Compliance (CZC) and Design Review (DES): A CZC and DES
application is required to be submitted prior to issuance of building pen -nits for the single family
Verado Subdivision — H-2016-0047 PAGE 9
Exhibit A
attached homes. The applicant must comply with the design standards listed in UDC 11-3A-19
and the guidelines contained in the Meridian Design Manual.
Fencing: All fencing should comply with the standards listed in UDC 11 -3A -6B and 11-3A-7.
Per UDC 11 -3A -7A.7, the developer is responsible to construct fencing adjacent to
micropath connections to distinguish common from private areas. Additionally, per UDC
11 -3A -6B, the South Slough is required to be fenced with an open vision fence at least 6 feet
in height and having an 11-guage, 24nch mesh or other construction, equivalent in ability to
deter access to the waterway. Fencing adjacent to all interior pathways and common open space
shall meet the requirements of UDC 11-3A-7.
In suninzauy, Staff recommends approval of the proposed annexation and preliminary plat request
for this site with a development agreement and the recommended conditions listed in Exhibit B of
this report in accord with the Findings contained in Exhibit D.
X. EXHIBITS
A. Drawings/Other
1. Vicinity Map
2. Proposed Preliminary Plat (dated: 04/07/16) (NOT APPROVED)
3. Proposed Landscape Plan (dated: 04/01/16)
4. Conceptual Building Elevations
B. Agency & Department Comments/Conditions
C. Legal Description & Exhibit Map for Zoning Designation Boundaries (NOT APPROVED)
D. Required Findings from Unified Development Code
Verado Subdivision — H-2016-0047 PAGE 10
Exhibit A
A. Drawings
1. Vicinity Map
Vicinity Map
Legend
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Print Date: 611 OJ2016
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B. EXHIBIT B - AGENCY & DEPARTMENT COMMENTS/CONDITIONS
1. PLANNING DEPARTMENT
1.1 Site Specific Conditions of Approval
1.1.1 A Development Agreement (DA) is required as a provision of annexation of this property. Prior
to the annexation ordinance approval, a DA shall be entered into between the City of Meridian,
the property owner(s) at the time of annexation ordinance adoption, and the developer.
Currently, a fee of $303.00 shall be paid by the applicant to the Planning Division prior to
conir iencement of the DA. The DA shall be signed by the property owner and returned to the
City within six (6) months of the City Council granting annexation. The DA shall, at minimum,
incorporate the following provisions:
a. Except the public street access to E. Ustick Road, direct lot access to E. Ustick Road, an
arterial street, is prohibited in accord with UDC 11-3A-3.
b. The applicant shall comply with the submitted home elevations attached in Exhibit A.4.
Future homes adjacent to E. Ustick Road (Lots 2-10, Block 1, and Lots 2-10, Block 2) shall
incorporate a mix of materials, windows and decorative trim, and two variations in the roof
lines to provide articulation and modulation to the side and rear facades that face the arterial
street.
c. The applicant shall obtain a waiver from City Council to UDC 11 -3A -6A in order for the
South Slough to remain open and not be piped due to the large capacity of the facility. If a
waiver is not obtained, the waterway is required to be piped.
d. The landscape buffers along E. Ustick Road must be constructed with the first phase of
development.
e. The developer shall provide the amenities within the central common area on Lot 8, Block 3,
a segment of the City's multi -use recreational pathway and pathways through internal
common areas as proposed on the landscape plan in Exhibit A.3, and in accord with the
qualified site amenity requirements listed in UDC 11-3G-3 C.
1.1.2 The preliminary plat included in Exhibit A.2, dated 2/10/16, shall be revised as follows:
a. For all common driveways, a perpetual ingress/egress easement is required to be filed with
the Ada County Recorder, which shall include a requirement for maintenance of a paved
surface capable of supporting fire vehicles and equipment.
b. With the final plat application, the applicant shall provide an exhibit that shows the setbacks,
building envelope, and orientation of the lots and structures on all common lots.
c. The applicant shall make the following changes to the plat prior to Commission
hearing:
1. Provide an additional stub street from N. Delvin Way to the undeveloped Ada
county parcels to the east.
2. Lots south of N. Devlin Way, should be zoned R-8 in order to offer a transition to
the lots in Packard Acres Subdivision, zoned R-4. Lots along the east boundary
between N. Devlin Way and E. Ringneck Street should have a minimum street
frontage of 40 feet and a 4,000 square foot lot sizes.
3. The applicant shall shift N. Sumner Park Avenue to the west so that it is contiguous
with the one acre parcel located in the northwest corner of the proposed
development.
-11-
Exhibit A
1.1.3 The landscape plan included in Exhibit AA, dated April 2016, shall be revised as follows:
1. Realign the pedestrian pathway (Lotl2, Bloch 4) so that it lines up with the proposed
pedestrian pathway on Lot 8, Block 3.Preferred location is between Lot 16 and 17, Block
4,
2. Lot 32, Block 4 shall be converted to an open space lot and developed with a
qualifying amenity as set forth in UDC 11 -3G -3C.
3. Include fencing adjacent to all micropath connections to distinguish conunon from
private areas, per UDC 11 -3A -7A.7.
4. The South Slough is required to be fenced with an open vision fence at least 6 feet in
height and having an 11-guage, 2 -inch mesh or other construction, equivalent in ability to
deter access to the waterway in accord with UDC 11 -3A -6B.
5. If any of the existing trees on the site 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. Any existing trees
proposed to be retained on-site should be noted on the plan.
6. Landscaping is required adjacent to the multi -use pathway along the not side of the
South Slough in accord with the standards listed in UDC 11-313-12C. If the Irrigation
District will not allow landscaping within their easement, provide an additional 5 feet
outside of the easement for landscaping.
7. Depict 4 -foot tall bollard lighting, or other appropriate lighting source, along all pathways
through cominon areas that are not visible from a public street as set forth in UDC 11-
3A -8H.
8. The gravel adjacent to E. Ustick road between the sidewalk and the curb needs to be
removed and landscaped according to UDC 11 -3B -7C.
1.1.4 A paved, 10 -foot wide multi -use pathway and associated landscaping shall be constructed along
the north side of the South Slough in accord with the Pathways Master P1an.A 14 -foot wide
recreational pathway easement is required to be provided along the north side of the South Slough
for the multi -use pathway. The applicant shall coordinate with Jay Gibbons, Park's Department
(208-888-3579), on the location of the easement. The easement should be submitted to the Park's
Department for approval by the City Council and subsequent recordation, prior to signature on
the final plat by the City Engineer.
1.1.5 The applicant shall submit a detail of the playground equipment and seating area on Lot 8, Block
3 with the final plat application.
1.1.6 Submit revised legal descriptions for the R-8 and R-15 zoning districts as proposed by staff.
1.1.7 A CZC and DES application is required to be submitted prior to issuance of building permits for
the single family attached homes. The applicant must comply with the design standards listed in
UDC 11-3A-19 and the guidelines contained in the Architectural Standards Manual.
1.2 General Conditions of Approval
1.2.1 Comply with all bulls, use, and development standards of the R-8 and R-15 zoning district listed
in UDC Table 11-2-A-5.
1.2.2 Comply with all provisions of 11-3A-3 with regard to access to streets.
1.2.3 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set
forth in UDC 11-3A-6.
-12-
Exhibit A
1.2.4 Provide a pressurized irrigation system consistent with the standards asset forth in UDC 11-3A-
15, UDC 11-313-6 and MCC 9-1-28.
1.2.5 Comply with the sidewalk standards as set forth in UDC 11-3A-17.
1.2.6 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11 -3B -5J.
1.2.7 Construct the required landscape buffers consistent with the standards as set forth in UDC 11-313-
7C.
1.2.8 Construct storm water integration facilities that meet the standards as set forth in UDC 11-313-
11C.
1.2.9 Construct all parkways consistent with the standards as set forth in UDC 11 -3A -17E, 11-3G-3135
and 11 -3B -7C.
1.2.10 Comply with all subdivision design and improvement standards asset forth in UDC 11-6C-3,
including but not limited to cul-de-sacs, alleys, driveways, common driveways, easements,
blocks, street buffers, and mailbox placement.
1.2.11 Protect any existing trees on the subject property that are greater than four -inch caliper and/or
mitigate for the loss of such trees as set forth in UDC 11-313-10.
1.2.12 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle.
1.3 Ongoing Conditions of Approval
1.3.1 The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets
the standards as set forth in UDC 11-313-6 and to install and maintain all landscaping as set forth
in UDC 11-313-5, UDC I1-313-13 and UDC 11-313-14.
1.3.2 All common open space and site amenities shall be maintained by an owner's association as set
forth in UDC 11 -3G -3F1.
1.3.3 The project is subject to all current City of Meridian ordinances.
1.3.4 The applicant and/or property owner shall have an ongoing obligation to prune all trees to a
minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the
area.
1.3.5 The applicant shall have an ongoing obligation to maintain all pathways.
1.3.6 The applicant has a continuing obligation to comply with the outdoor lighting provisions as set
forth in UDC 11-3A-11.
1.3.7 The applicant and/or property owner shall have an ongoing obligation to maintain all landscaping
and constructed features within the clear vision triangle consistent with the standards in UDC 11-
3A-3.
1.4 Process Conditions of Approval
1.4.1 No signs are approved with this application. Prior to installing any signs on the property, the
applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3
Article D and receive approval for such signs.
1.4.2 The applicant shall complete all improvements related to public life, safety, and health as set forth
in UDC 11 -5C -3B. A surety agreement maybe accepted for other improvements in accord with
UDC 11 -5C -3C.
1.4.3 The final plat, and any phase thereof, shall substantially comply with the approved preliminary
plat as set forth in UDC 11-613-3 C2.
-13-
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 -3B -14A.
2. PUBLIC WORKS DEPARTMENT
2.1 SITE SPECIFIC CONDITIONS OF APPROVAL
2.1.1 A street lighting plan will be required with the submittal of development plans. Plan
requirements can be found in section 6-5 of the Improvement Standards for Street Lighting at
littp://www.meridiancity.org[gublic works.aspx?id=272
2.1.2 Applicant shall be required to upsize the 10 -inch diameter water main in N. Devlin Way, E.
Redneck Street, and N. Verado Avenue from the connection point on the south boundary to E.
Ustick Road to a 12 -inch diameter in order to comply with the City of Meridian's Water Master
Plan requirements.
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 isnot 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.
-14-
Exhibit A
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, eta, 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.
-rs-
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.
2.2.21 100 Watt and 250 Watt, high-pressure sodium street lights shall be required on all public
roadways per the City of Meridian Improvement Standards for Street Lighting. All street lights
shall be installed at developer's expense. Final design shall be submitted as part of the
development plan set for approval, which must include the location of any existing street lights.
Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street
Lighting. A copy of the standards can be found on the city of meridian Public Works
Department's website at http://www.meridiancity.org/public_works.aspx?id=272. The
contractor's work, and materials shall conform to the ISPWC and the City of Meridian
Supplemental Specifications to the ISPWC.
2.2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount
of 125% of the total construction cost for all incomplete sewer, water and reuse infrastructure
prior to final plat signature. This surety will be verified by a line item cost estimate provided by
the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash
deposit or bond. Applicant must file an application for surety, which can be found on the
Community Development Department website. Please contact Land Development Service for
more information at 887-2211.
2.2.23 The City of Meridian requires that the owner post to the City a warranty surety in the amount of
20% of the total construction cost for all completed sewer, water and reuse infrastructure for
duration of two years. This surety will be verified by a line item cost estimate provided by the
owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash
deposit or bond. Applicant must file an application for surety, which can be found on the
Community Development Department website. Please contact Land Development Service for
more information at 887-221.
3. POLICE DEPARTMENT
3.1 The Police Department has no comment on this application.
4. FIRE DEPARTMENT
4.1 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department in accordance
with International Fire Code Section (IFC) 508.5.4 as follows:
a. Fire hydrants shall have the 4 '/2" outlet face the main street or parking lot drive aisle.
b. Fire hydrants shall not face a street which does not have addresses on it.
c. Fire hydrant markers shall be provided per Public Works specifications.
d. Fire Hydrants shall be placed on corners when spacing permits.
e. Fire hydrants shall not have any vertical obstructions to outlets within 10'.
f Fire hydrants shall be placed 18" above finished grade to the center of the 4 %" 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.
4.2 In accordance with International Fire Code Section 503.2.5 and Appendix D, any roadway greater
than 150 feet in length that is not provided with an outlet shall be required to have an approved
turn around. Phasing of the project may require a temporary approved turn around on streets
greater than 150' in length with no outlet.
4.3 All entrances, internal roads, drive aisles, and alleys shall have a turning radius of 28' inside and
-16-
Exhibit A
48' outside, per hiternational Fire Code Section 503.2.4.
4.4 All common 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 Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set forth
in International Fire Code Section 304.1.2.
4.6 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.
4.7 Operational fire hydrants, temporary or permanent street signs, and access roads with an all-weather
surface are required to be installed before combustible construction material is brought onto the site,
as set forth in International Fire Code Section (IFC) 501.4 and Meridian amendment to IFC 10-4-2J.
4.8 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.
5. REPUBLIC SERVICES
5.1 All lots on common driveways need to get their carts to the street for trash pickup.
6. PARKS DEPARTMENT
6.1 The City's Pathways Master Plan identifies a 10' multi -use pathway along the north bank of the
South Slough. The developer is required to provide a public pedestrian access easement for this
pathway segment across the entire width of the development to the City and is required to
construct the pathway per the City's pathway design standards. Contact Jay Gibbons, Parks &
Pathways Project Manager to coordinate pathway and easement requirements.
6.2 Prior to City Engineer signature on the final plat, the applicant shall provide a pedestrian pathway
easement covering the required multi -use pathway along the South Slough for signature and
recordation by the City.
6.3 The applicant shall have an ongoing obligation to maintain all pathways.
7. ADA COUNTY HIGHWAY DISTRICT
7.1 Site Specific Conditions of Approval
7.1.1 At the time that this staff report was written, continents had not been received by ACRD
-17-
Exhibit A
C. Legal Description & Exhibit Map for Zoning Designation Boundaries (NOT APPROVED)
R
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April 18, 2016
Verado R-15 Zone Legal
Basis of Bearings for this legal description Is South 89'44'57" East between the brass cap
marking the northwest corner of Section b and the brass cap marking the N1/4 of Section 5.
A parcel of land located in Govemment Lot 3, of Section 5, T. 3 K, R, 1 E., B.M., Ada County,
Idaho more particularly described as follows;
COMMENCING ata found brass cap marking the northwest corner of Section 5;
Thence South 89('44'67" East, coincident with the northerly line of said Section 5, a distance of
1507-64 feet:
Thence South 0"80'14" West, 50.00 feet to the southerly right of way of E. Ustick Road and the
POINT OF BEGINNING;
Thence South 89144'57" East, coincident with said northerly line of said Section 5, a distance
of 812.80 feet-,
Thence South 0127'25" West, 825.24 feet to the northeast corner of Packard Acres Subdivision
No. 2, as shown on file in Book 85 of Plats, at Page 9502, Ada County Records;
Thence North 86009'31 " West, coincident with the northerly line of said Packard Acres
Subdivision No. 2, a distance of 153.77 feet;
Thence North 76r,01'02" West, coincident with said northerly line of Packard Acres Subdivision
No. 2, a distance of 191.51 feet;
Thence North 301142'17" West, coincident with said northerly line of Packard Acres Subdivision
No, 2, a distance of 189.26 feet;
Thence North 58018'33" West, coincident with said northerly line of Packard Acres Subdivision
No. 2, a distance of 99.33 feet;
Thence North 86015'15" West, coincident with said northerly line of Packard Acres Subdivision
No, 2, a distance of 133.83 feet (formerly 133,76 feet) to the northwest corner of said Packard
Acres Subdivision No. 2;
Thence South 0027'32" West, coincident with the westerly line of said Packard Acres
Subdivision No, 2, a distance of 30,54 feet to the southerly right of way of the Finch Lateral;
Thence South 83'00'30" West, coincident wl(h said southerly right of way of the Finch Lateral,
49.31 feet;
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-18-
Exhibit A
Thence Nortl) 841124'18' West, coincident with said southerly right of way of the Finch Lateral,
262.90 feet;
Thence North 771141'30' West, 36,01 feet to the westerly line of said Govemment Lot 3:
Thence North 01)26'58" East, coincident "11th said westerly line of Government Lot 3, a distance
of 347,69 feet;
Thence South 89'46'25" East, 179.34 feet;
Thence North 0'30'14" East, 205.79 feet to the POINT OF BEGINNING.
Tho above, described parcel contains 14.23 aureis rnme iii less.
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Exhibit A
EXHIBIT B
GOVERNMENT LOT, , SECTION 5
T. 3 N, R, I E., B,M. ADA COUNTY, IDAHO
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April 18, 2016
Verado R-8 Zone Legal
Basis of Bearings for this legal description is South 89144'57" East between the brass cap
marking the northwest corner of Section 5 and the brass cap marking the N114 of Section 5.
A parcel of land located in Government Lot 3, of Section 5. T. 3 N., R. 1 E., B.M., Ada County,
Idaho more particularly described as follows;
COMMENCING at a found brass cap marking the northwest comer of Section 5;
Thence South 89144'57" East, coincident with the northerly line of said Section 5, a distance of
1507.64 feet;
Thence South 0°30'14" West, 255.79 feet;
Thence North 89146'25" West, 179.34 feet to the westerly line of Government Lot 3;
Thence South 0126'58" West, coincident with said westerly line of Government Lot 3, a
distance of 347.09 feet to the southerly right of way of the Finch Lateral and the POINT OF
BEGINNING;
Thence South 77°41'30" East, coincident with said southerly right of way of the Finch Lateral,
36.01 feet;
Thence South 84"24'18' East, coincident with said southerly right of way of the Finch Lateral,
252.96 feet;
Thence North 83°00'30" East, coincident with said southerly right of way of the Finch Lateral,
49.31 feet to the westerly boundary of Packard Acres Subdivision No. 2 as shown on file in
Book 85 of Plats, at Page 9502, Ada County Records;
Thence South 0°27'32' West, coincident with the wasterly line of said Packard Acres
Subdivision No. 2, a distance of 850.41 feet;
Thence North 89'32'13" West, coincident with said westerly lino of Packard Acres Subdivision
No. 2, a distance of 4.74 feet;
Thence South 0128'00" West, coincident with said westerly line of Packard Acres Subdivision
No. 2, a distance of 8.12 feet to the northeast comer of Chamberlin Estates Subdivision as
shown on file in Book 71 of Plats, at Page 7299, Ada County Records;
!Thence North 89144'07` West, coincident with the northerly line of said Chamberlin Estates
Subdivision, 331.23 feet (formerly 331.34 feet);
P12010116027•CMG-USTICK & LOCUST GROVE TOPO'SurveylDratqinOslDesc6l)[tonsl10027 R-8 ZONE LEGAL.docx
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Thence North 0126'58" East, coincident with the easterly line and the easterly line extended of
Block 4, of Chamberlin Estates Subdivision, 683,30 feet to the POINT OF BEGINNING,
The above described parcel contains 5.12 acres more or less.
Carl Porter PLS 7 Date
End Description/�(f
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-21-
Exhibit A
EXHIBIT B
GOVERNMENT LOT 3, SECTION 5
T. 3 N., R. I E., B.M. ADA COUNTY, IDAHO
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Exhibit A
D. Required Findings from Unified Development Code
1. Annexation Findings:
Upon recommendation from the Commission, the Council shall make a full investigation
and shall, at the public hearing, review the application. In order to grant an annexation, the
Council shall make the following findings:
a. The map amendment complies with the applicable provisions of the Comprehensive
Plan;
The Applicant is proposing to annex the subject 20.28 acre property with both an R-8 zoning
district (5.12 acres) and R-15 zoning district (14.23) acres and develop 122 new single-family
residential homes. Council finds that the proposed map amendment complies with the
provisions of the Comprehensive Plan and should be compatible with adjacent residential
uses if the plat is revised per the conditions of approval in Exhibit B (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-8 and R-15 zoning district is
consistent with the propose 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 both an R-8 and R-15 zoning districts is in the best
interest of the City if the applicant revises the plat per Council's recommendation and enters
into 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
Comprehensive Plan in regard to land use,
Comprehensive Plan Policies and Goals,
information.
-23-
substantial compliance with the adopted
transportation, and circulation. Please see
Section VII, of the Staff Report for snore
Exhibit A
b. Public services are available or can be made available and are adequate to
accommodate the proposed development;
Council f finds that public services will be provided to the subject property upon
development. (See Exhibit B of the Staff Report for more details from public service
providers.)
c. The plat is in conformance with scheduled public improvements in accord with the
City's capital improvement program;
Because City water and sewer and any other utilities will be provided by the development
at their own cost, 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 relied upon comments from the public service providers (i.e., Police, Fire,
ACRD, etc.) to determine this finding. (See Exhibit B for more detail.)
e. The development will not be detrimental to the public health, safety or general
welfare; and
Council is not aware of any health, safety, or environmental problems associated with the
platting of this property. ACRD considers road safety issues in their analysis. Council
considered all public testimony that was presented when determining whether or not the
proposed subdivision may cause health, safety or environmental problems of which
Council is unaware.
L The development preserves significant natural, scenic or historic features.
Council is unaware of any significant natural, scenic or historic features that exist
on this site.
-24-
June 7, 2016
Verado R-15 Zone Legal
Basis of Bearings for this legal description Is South 89144'57" East between the brass cap
marking the northwest corner of Section 5 and the brass cap marking the N114 of Section 5.
A parcel of land located in Government Lot 3, of Section 5, T, 3 N., R. 1 E., B.M., Ada County,
Idaho more particularly described as follows;
COMMENCING at a found brass cap marking the northwest corner of Section 5;
Thence South 89044'57" East, coincident with the northerly ling: of said Section 5, a distance of
1507.64 feet;
Thence South 0039'14 West, 50.00 feet to the southerly right of way of E. Ustick Road and the
POINT OF BEGINNING;
Thence South 891144'57" East, parallel with said northerly line of said Section 5, a distance of
812.80 feet;
Thence South 0027'25" West, 149.00 feet;
Thence North 89144'57 West, parallel with said northerly line of Section 5, a distance of
124.00 feet;
Thence South 01127'25" West, 406.00 feet;
Thence North 89°44'57" West, parallel with said northerly line of Section 5, a distance of
248.30 feet to the beginning of a tangent curve;
Thence 38.19 feet along the are of said curve to the left, with a central angle of 43145'32", a
radius of 50.00 feet, subtended by a chord bearing South 68°22'17" West, 37.27 feet to the
northerly dine of Packard Acres Subdivision No. 2, as shown on file in Book 85 of Flats, at
Page 9502, Ada County Records;
Thence North 301142'17" West, coincident with said northerly line of said Packard Acres
Subdivision No. 2, a distance of 59.52 feet;
Thence North 58118'33" West; coincident with said northerly line of Packard Acres Subdivision
No. 2, a distance of 99.33 feet;
Thence North 86015'15" West, coincident with said northerly line of Packard Acres Subdivision
No. 2, a distance of 133.83 feet (formerly •133.76 feet) to the northwest corner of said Packard
Acres Subdivision No. 2;
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Thence South'0'27'32" West, coincident with the westerly line of said Packard Acres
Subdivision No. 2, a distance of 30.54 feet to the southerly right of way of the Finch Lateral;
Thence South 831140'30" West, coincident with said southerly right of way of the Finch Lateral,
49.31 feet;
Thence North 84124'18" West, coincident with said southerly right of way of the Finch Lateral,
252.96 feet;
Thence North 77041'30" West, 36.01 feet to the westerly line of said Government Lot 3;
Thence North 0026'58" Fast, coincident with said westerly line of Government Lot 3, a distance
of 347.69 feet;
Thence South 89046'25" East, 179.34 feet;
Thence North 0030'14" Fast, 205.79 feet to the POINT OF BEGINNING.
The above described parcel contains 11.46 acres more or less
1
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End Description �-
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EXHIBIT B
GOVERNMENT LOT 3, SECTION 5
T. 3 N., R. I E., B.M. ADA COUNTY, WHO
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June 7, 2016, 2015
Verado R-8 Zone Legal
Basis of Bearings for this legal description is South 89044'57" East between the brass cap
marking the northwest corner of Section 5 and the brass cap marking the N1/4 of Section 5.
A parcel of land located in Government Lot 3, of Section 5, T. 3 N., R. 1 E., S,M., Ada County,
Idaho more particularly described as follows;
COMMENCING at a found brass cap marking the northwest corner of Section 5;
Thence South 89044'57" East, coincident with the northerly line of said Section 5, a distance of
1507.64 feet;
Thence South 0130'14" West, 255.79 feet;
Thence North 89046'25" West, 179.34 feet to the westerly line of Government Lot 3;
Thence South 0'26'58" West, coincident with said westerly line of Government Lot 3, a
distance of 347.69 feet to the southerly right of way of the Finch Lateral and the POINT OF
BEGINNING;
Thence South 77041'30" East, coincident with said southerly right of way of the Finch Lateral,
35.01 feet;
Thence South 841124'18' East, coincident with said southerly right of way of the Finch Lateral,
252.96 feet,
Thence Borth 83°00'30" East, coincident with said southerly right of way of the Finch Lateral,
49.31 feet to the westerly boundary of Packard Acres Subdivision No. 2 as shown on file in
Book 85 of flats, at Page 9502, Ada County Records;
Thence South 0°27'32" West, coincident with the westerly line of said Packard Acres
Subdivision No. 2, a distance of 650.41 feet;
Thence North 89113213" West, coincident with said westerly line of Packard Acres Subdivision
No. 2, a distance of 4.74 feet;
Thence South 0°28'00" West, coincident with said westerly line of Packard Acres Subdivision
No. 2, a distance of 8.12 feet to the northeast corner of Chamberlin Estates Subdivision as
shown on file in Book 71 of flats, at Paye 7299, Ada County Records;
Thence North 89044'07" West, coincident with the northerly line of said Chamberlin Estates
Subdivision, 331.23 feet (formerly 331.34 feet);
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pay . 11
Thence North 0026'58" East, coincident with the easterly line and the easterly line extended of
Block 4, of Chamberlin Estates Subdivision, 683.30 feet to the POINT OF BEGINNING .
A parcel of land located in Government Lot 3, of Section 5, T. 3 N., R. I E., S.M., Ada County,
Idaho more particularly described as follows;
COMMENCING at a found brass cap marking the northwest corner of Section 5;
Thence South 89c'44'57" East, coincident with the northerly line of said Section 6, a distance of
2320,40 feet;
Thence South 002725" West, 199.00 feet to the POINT OF BEGINNING;
Thence continuing South 0127'26" West, 676.24 feet to the northeast corner of Packard Acres
Subdivision No, 2, as shown on file in Book 85 of Plats., at Page 9502, Ada County Records;;
Thence North 86009'31" West, coincident with the northerly line of said Packard Acres
Subdivision No, 2, a distance of 153,77 feet;
Thence North 76101'02" West, coincident with said northerly line of Packard Acres Subdivision
No. 2, a distance of 191.51 feet;
Thence North 30042'17" West, coincident with said northerly line of Packard Acres Subdivision
No. 2, a distance of 129.74 feet to the beginning of a non -tangent curve;
Thence 38.19 feet along the arc of said curve to the right, with a central angle of 431,45'32", a
radius of 50.00 feet, subtended by a chord bearing North 68022'17" East, 37.27 feet;
Thence South 89"44'57" East, 248.30 feet;
Thence North 0027'25" East, 496.00 feet;
Thence South 89044'57" East, 124.00 feet to the POINT OF BEGINNING
The above described parcels contain 7,89 acres more or less.
End Description17j
, j /
0 OF
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PrA201 6\16027-CMG-USTICK & LOCUST GROVE TOPO\Survey\Drawings\Descriptions\I 6027 R-8 ZONE LEGAL -NE
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EXHIBIT 8
GOVERNMENT LOT 3, SECTION 5
T. 3 N., R. I E, B.M. ADA COUNTY, IDAHO
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Map Check
ZONE R-8
16027
Operator CP
Date 6/2016
Mon Tun 06 07:32:00 201.6
Project 1-6027
Time
Course Bearing Distance PTW northing Fasting
1079 717421.867 2462095.460
1079-10396 00°27125" W 676.2:39 1039 716745.649 2462090.066
1039-1040N 86009131" W 1.53.768 1040 716755.951 2461936.643
1040--1041N 76001'02t7 W 191.510 1041. 716802.225 2461750.808
1041-1084N 30042117" W 129.736 1084 716913.774 2461684.563
CURVE A=38.187 DELTA -43045132" `=20.079 EXT=3.881
1084-10821 680221.7" E 37.265 1082 716927.509 2461719.205
RADIUS POINT 50,000 1083 716877.510 2461718.986
1.082-10815 89044`57" E 2-48.302 1.081 716926,422 2461967.504
1.081.-1080 N 0002'712573 E 496.003 1080 717422.410 2461971.460
1080-10795 890441575! E 124.001 1079 71.7421.867 2462095.460
Closure error distance> 0.000 Error Bear?ng> N 90000'00" E
Closure Precision> 1 in 2057745875049.0 Total: Distance Traversed>
120482.92SF%P
2.766Acu%P
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Description
2057.746
Exhibit B
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND
DECISION & ORDER
In the Matter of the Request for Annexation and Zoning of 20.28 Acres of Land with an R-8 Zoning
District (11.46 acres) an R-8 zoning district (7.89 acres); and a Preliminary Plat Consisting of one
hundred twenty two (122) single-family residential building lots and eighteen (18) common lots on 19.35
acres of land for Verado Subdivision located near the southeast corner of N. Locust Grove Road and E.
Ustick Road in the NE'/a of Section 5, Township 3N., Range IE., by DevCo, LLC.
Case No(s). H-2016-0047
For the City Council Hearing Date of: June 21, 2016 (Findings on July 5, 2016)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of June 21, 2016, incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of June 21, 2016, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of June 21, 2016,
incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of June 21, 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.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). H-2016-0047
-1-
6. That the City has granted an order of approval of the annexation and zoning request in
accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a
copy served by the Clerk upon the applicant, the Planning Department, the Public Works
Department and any affected party requesting notice.
7. That this annexation approval is subject to a development agreement containing the provisions in
the attached Staff Report for the hearing date of June 21, 2016, incorporated by reference.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon
the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that:
1. The applicant's request for annexation and zoning was approved with R-8 and R-15 zoning
districts with the requirement of a Development Agreement with the provisions noted in the
Staff Report for the hearing date of June 21, 2016, attached as Exhibit A.
2. The applicant's request for a preliminary plat is hereby approved based on the findings in the
Staff Report for the hearing date of June 21, 2016, attached as Exhibit A.
D. Notice of Applicable Time Limits
Notice of Six (6) Month 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 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 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 June 21, 2016
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). H-2016-0047
-2-
'
By action of the City Council at its regular meeting held on the �� day of Vt U
2016.
COUNCIL PRESIDENT KEITH BIRD VOTED t eS
COUNCIL VICE PRESIDENT JOE BORTON VOTED_
COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED_ 1 f _'�
COUNCIL MEMBER TY PALMER VOTED
COUNCIL MEMBER LUKE CAVENER VOTED
COUNCIL MEMBER GENESIS MILAM VOTED
MAYOR TAMMY de WEERD VOTED
(TIE BREAKER)
Mayor T y e Weerd
Avcvsr 7190
Attest: 4°
Jaey ones
City Clerk
Copy served upon Applicant, The Planning Division, Public Works Department and City Attorney.
By: *kwkDated:
ity Clerk's Office
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). H-2016-0047
-3-