Maddyn Village AZ H-2016-0075ADA COUNTY RECORDER Christopher D. Rich 2017-003461
BOISE IDAHO Pgs=47 LISA BATT 01/12/2017 10:37 AM
CITY OF MERIDIAN, IDAHO NO FEE
DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2, Kyle Enzler,.Owner/Develop(.,-r
THIS: DEVELOPMENT AGREEMENT (this Agreement), is -made -and enteredinto
this day of _3A No/9 Ry , 201 V', by and between. City of Meridian', a municipal
corporation of the State of Idaho, hereafter called CITY whose address is 33 E. Broadway Avenue,
Meridian, Idaho 83642 and Kyle EnAer, whose address is 3100 N. Meridian Road, Meridian, Idaho
83646, hereinafter called OWNEWDEVELOPER,
1. .RECITALS:
I,1 WHEREAS, Owner is the solc•owner, in law and/or equity, of certain tract
of land in the County of Ada, State of Idaho, described in Exhibit "A", which
is attached hereto and by this reference incorporated herein as if set forth in
full, herein after referred to as the Property; and
1,2 WHEREAS, Idaho Code §•67=65.11A provides that cities may, by ordinance,
require- or permit as a condition of zoning that the Owner and/or Developer
make a written commitment concerning the use or development of tile subject
Property; and
1,3 WHEREAS, City has exercised its statutory authority by the enactment of
Section 1.1-513-3 of the Uzrifsed Development Code ("UDC"), which
authorizes development.agreements upon the annexation and/or re -zoning of
land; :and
1.4 WHEREAS, Owner/Developer has submitted an application for the
annexation of approximately 10,4 acres of land from the RUT zoning district
in Ada County to the R-8 (Medium Density Residential)(6.9 acres) and to the
R -I5 (Medium High Density Residential)(15 acres) zoning district (as
described in Exhibit "AP), 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 AGREFMENT— MADDYN W.LAGE SUBDivISTON H-2016-0075 PAGF I 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 further testimony and comment; and
1.7 WHEREAS, on the It"' day of October, 2016; the. Meridian City Council
approved certain Findings of Fact and Conclusions of Law and Decision and
Order ("Findings"), which have been incorporated into this Agreement and
attached as Exhibit "B"; and
1.8 WHEREAS, the Findings require the Owner/Developer to enter into a
Development Agreement before the City Council takes final action,on 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 Owner and to ensure .zoning designationare in accordance
with the amended Comprehensive Plan of the City-ofMeridian on October
19, 2016, Resolution No. 16-11.73, 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 Rill.
3, DEFINITIONS: For all purposes of this Agreement the following words, terms, and
phrases herein contained in this section shall be defined and interpreted as herein provided for,
unless the clear context of the presentation of the same requires otherwise:
3.1 CITY: means and refers to the City of Meridian, .a party to this Agreement,
which is a municipal Corporation and government subdivision of the state of
Idaho, organized and existing by virtue of law of the State of Idaho, whose
address.is 33 East Broadway Avenue, Meridian, Idaho 83642,
DEVELOPMENT AGREEMENT-MADDYN VILLAGE SUBDIVISION H-2016-0075 PAGE 2 OF 8
3.2 OWNER/DEVELOPER: means and refers to Kyle Enzler, whose address
is 3001 N. Meridian Road, Meridian, ID 83646, the party that owns said
Property and shall include any subsequent owner(s) and/or developer(s) 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) 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 tl)e
right to develop the Property in accordance with the terms and conditions of this Agreement.
4.1 The uses allowed pursuant to this Agreement are only those uses allowed
under the UDC.
4.2 No change in the uses specified in this Agreement shall be allowed without
modification of this Agreement.
5. CONDITIONS GOVERNING.DEVELOPMENT OF SUBJECT PROPERTY:
5.1. Owner and/or Developer shall develop the Property in accordance with the
following special conditions:
a. Except .the Public street .access to Meridian Road; direct lot access to N.
Meridian Road, an a-iterial street, is prohibited in accord with UDC 11-3A-3
unless waived by City Council.
b. Future development.of this site:shall be consistent with the preliminary plat,
site plan, landscape plan and building elevations in Exhibit A of the attached
Findings of Fact and Conclusions of Law with attached Staff Report (Exhibit
B).
c. The site shall develop with a minimum of 15.3% open space (1.59 acres) to
include the following amenities: a bocce ball court, internal pathways, a
gazebo/plaza;. community garden and an internal grassy area at least 50' x
100' as. proposed.
--?d. With the first phase of the development the owner/developer shall construct
the 5 -foot detached sidewalk and 25 -foot landscape buffer along the entire
frontage of N. Meridian Road.
e. The existing homes on Lots 16 and 3 1, Bloch must connect to city utilities
and must take access from Elsinore Way with the first-pllase of development
'r f. The accessory detached structure must either be removed or the applicant has
been granted a variance prior to issuance of the final plat.
DEVELOPMENT AGREEMENT - MADDYN VILLAGE SUBDIVISION H-2016-0075 PAGE 3 OF 8
6. COMPLIANCE PERIOD This Agreement must be fully executed within six (6)
months after the date of the Findings for the annexation and zoning or it is null and void.
DEFAULT/CONSENT TOPE -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 firoin 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 suchperiod 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 isnot 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 anti upon City's compliance with all .applicable laws,
ordinances'and rules, incliiding.any applicable provisions of Idaho .Code §§
67-6509.and 67-6.511. Owner/Developer reserve all rights to contest whether
a default has occurred. This Agreement shall beenforceable in the Fourth
Judicial District Court in Ada County by either the 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, strifes 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 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 - M-ADDYN VILLAGE SUBDIVISION K 2016--0075 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 ofthe: 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 w.ith..the annexation and zoning of the Property contemplated hereby, the
Cit y shall execute and record an appropriate instrument of release of this Agreement.
10, ZONING: City shall, following recordation of the duly. approved Agreement, enact a
valid and binding ordinance zoning the Property as specified herein.
11. SURETY OF PERFORMANCE: The City may also require surety bonds,
irrevocable letters of credit,. cash.deposits, certifiedcheck 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 I I above.
13. ABIDE BY.A.LL 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, postage prepaid, return receipt requested, addressed
as follows:
CITY.:
City Cleric
City of Meridian
33 E. Broadway Ave.
Meridian, Idaho 83642
'OWNER/DEVELOPER:
Kyle Enzler
3001 N. Meridian Road
Meridian, ID 83642
ivitlz cop,} to:
City Atto ney
City of Meridian
33 E. Broadway Avenue
Meridian, ID 83642
DEVELOPMENT AGREEMENT - MADDYN VILLAGE SUBDIVISION H-2016-0075 PAGE 5 OF 8
14.1 A party shall have the right to change its address by delivering to the other
party a written notification thereof in accordance with the requirements of this section.
15, ATTORNEY FEES:. Should any litigation be commenced between the parties hereto
concerning this Agreement,, the prevailing party shall be; entitled, in addition to any other relief as
may be granted, to court costs and reasonable attorney's fees -as determined by a Court of competent
jurisdiction. This provision shall be deemed to be a separate contract between the partiesandshall
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 torm, condition andprovision hereof, -and that
the failure to timely perform any :of the obligations hereunder.shall constitute ,a breach of and a
default under this Agreernent by the other party so failing to perform.
17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure
to the benefit of the parties' respective heirs, successors, assigns and personal representatives,
including City's corporate authorities and their successors in office. This Agreement shall be
binding on the Owner/Developer, each, subsequent owner and any other person acquiring an interest
in the Property. Nothing herein shall. in. any way prevent sale or. alienation of the. Property, or
portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any
successor owner or Owner 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 performed their obligations under this Agreement.
H. IN°VALID.PROVISION: If.anyprovision .of this Agreement is.beld.not valid by a
court of connpetent jurisdiction, .such provisionshall be,deemed to be excised from this Agreement
and the invalidity thereof shall not affect lany-of the other provisions contained herein.
19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided, each party
shall act reasonably in giving any consent, approval, or taking any other action under this Agreement.
20. COOPERATION OF THE PARTIES: In the event of any legal or equitable action
or other proceeding instituted by any third party (including a. governmental entity or official)
challenging_ the: validity of any provision in this Agrcement, 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 acid City, other than as are .stated herein.
Except .as herein othetwise provided, no subsequent alteration, amendment, change or addition to
this Agreement:shall be binding upon the parties hereto unless reduced to writing and signed bythem
-or tlleir successors -in interest,or their assigns, and pursuant, with respect to City, to .a -duly adopted
ordinance or resolution of City.
DEVELOPMENT AGREEMENT- MADDYN VILLAGE SUBDIVISION H-2016-0075 PAGE 6 OF 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 without the approval of the
City Council after the City has conducted public hearing(s) in accordance with the
notice provisions.. provided.for a zoning. designation and/or amendment in force at the
time of the. proposed. amendment.
22. EFI+ECTIVE 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/DEVELOPER:
Kyle Enz r
ATTEST:
J*ay Mes, City: Cleric
�!lVOf
�'A LL�t
`
DEVELOPMENT AGREEMENT- MADDYN VILLAGE SUBDIVISION H»2016-0075 PAGE 7 OF 8
STATE OF IDAHO )
ss;
County of Ada,
On thisj"J' day of �C� V� ,, 201.Y beforo.me,,.tlic�undersig�Zed,, a Notu-/ Public iii.
and for said State,, per;sonally, appemd. Kyle. Enzler,.fcnown or identified to, me to, be: ---person who
signed above and aelcnowledgpd to me --that ho-exeeutod 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,
i
!�t
r� ! F'l1
ro a
'n�xslc�eu/s
STATE OF IDAHO )
: ss
Notary Public for Idaho
Residing at:r(�vy� - '�
My Commission Expires:
County of Ada )
l
On this [')day o:f h :20efore me, :alotaiyPublic, personally
:.appeared Tnn�m �'tle Weercl and C.J y Ies» lc�aoav .or xclentif"ied tome to b.e tho`7vlayoi "Ind Cleric,
re'spectively,.of fhe City.of-'Mea.idian, who. executed the instrument:or the person-tllat,e-xeouted •the
instrument of behalf of said City, and acknowledged to me that such City executed the satire,
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year in this certificate first above written,
,��srrrrrrrrrr
(SEAL�•�, � ���',�,,�
`BL1G '
OpaAk)�u Oat, --
Notary Public for Idaho
Residing at:), c�Qtw&
Commission expires: 3 - d'j- a -D a a
DEVELOPMENT AGREEMENT— MADDYN VILLAGE SUBDIVISION H-2016-0075 PAGE 8 OF 8
EXHIBIT A.
Legal Description & Exhibit Map for Annexation Boundary
August 1, 2016
DESCRIPTION FOR
MADDYN VILLAGE_ SUBDIVISION
R-15 ZONE
A portion of Lots 1 and 2, Block 1 of Strasser Farms Subdivision as is filed In Book 59 of
Plats at Page 5,761 records of Ada County, Idaho located in Government Lot 1, Section 1,
T.31SI., RAW., H.M., Meridian, Ada County, Idaho more particularly desen'bed as follows:
Commencing at the NE corner of said Section 1 from which the E114 corner of said
Section 1 bears South 00°17'24' West, 2,658,38 feet;
Thence along the East boundary line of said Section 1 South 00°17'24' West 426.49
feet;
Thence leaving said East boundary line North 89°19'19' West, 40.00 feet to the NE
corner of said Lot 1, said point being the REAL POINT OF BEGINNING;
Thence along the East boundary line of said Lots i and 2 South 00'17'24" West, 506.97
feet to the SE comer of said Lot 2;
Thence along the South boundary line of sold Lot 2 North 89°19'53" West, 375,89 feet;
Thence leaving said South boundary line North 00°35'19" East, 104,83 feet;
Thence South 09°5344" East, 67.60 feet;
Thence North 30°43'31" East, 48.13 feet;
Thence North 00105'16" East, 36.13 feet;
Thence North 58°50'07" West, 143.81 feet;
Thence North 30°3537" East, 36.62 feel,-
Thence
eet;Thence South 89°58'51" East, 192,$0 feet;
Thence North 23135151" East, 45.20 feet;
Thence North 00°01'09" East, $9.60 foot;
Thence North 66'24'09" West, 94.32 foot;
Thence South 69"46'02" West, 22.03 feet;
Thence North 00°40'37" East, 79,89 feet to a point on the North boundary line of said Lot
Page 1 of 2
Thence along sold North hourxlary line South 119'19'19" East, 296.24 feet to rhe REAL
POINT OF BEGINNING, Containing 3.63 ocroa, more or less.
Maddyn Village Subdivision --1-1-2016-0075
EXHIBIT A
August 1, 2016
UESCRtPTION FOR
MADDYN VILLAGE SUBDIVISION
R-8 ZONE
A portion of Lots 1 and 2, Black f of Strasser Farms Subdivision as Is filed In Book 59 of
Plats at Page 5,761 records of Ada County, Idaho located in Government Lot 1, Section 1,
T.3N., RAW., Bm, Meridian, Ada County, Idaho more particularly described as fallom,-
Commencing at the NE comer of said Section 1 from which the E114 comer of said
Section 1 South 00°1724' West, 2,658,38 feet;
feet; Thence along lho East boundary line of said Section 1 South 00'1T24" West 426.49
Thence leaving said East boundary line North 89'19'19' Wast, 40.00 feet to the NE
comer of said Lot 1;
Thence along the North boundary line said Lot 1 North 89°1919' West, 288.24 feet to
the REAL POINT OF BEGINNING;
Thence leaving sold North boundary line South 00°40'37" West, 79.39 feet;
Thence North 89146'02" East, 22.03 feet;
Thence South 66"2809" East, 94.32 feet,-
Thence
eet;Thence South 00'01'09" West, 59,50 feet;
'thence South 23°35'61" Wast, 45.20 feet;
Thence North 89158'51" West, 192.50 feel;
Thence South 30'35'37" West, 36,62 feel;
Thence South 58'50'07" East, 143.81 feet;
Thence South 00'06'16" West, 36.13 feet;
Thence South 30'43'31" West, 48.13 feet;
Thence North 89°53'44" West, 57.80 feet;
Lot 2; Thence South 00135119" West, 104.83 feet to a point on the South boundary litre of said
Thence along said South boundary line North 89'19'53" West, 517.63 feet to the SW
corner of said Lot 2;
Page 1 of 2
Thence along said West boundary lino of said Lots 2 and 1 North 00.1724° East, 507.11
feet to the NW comerof said Lot 1;
Thence along said North boundary tine of said Lot 1 South 89'19'19" East, 697,28 fast
to the REAL POINT OF BEGINNING, Containing 8.87 acres, more or less,
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Maddyn Village Subdivision —1-1-2016-9075
EXHIBIT A
STRASSER FARMS SUBDIVISION NO. 2
L- 0
N89_J9'tLVW 893.52'
597.28' "-
SO'40'37"W
I 79.39'
I
STRASSER FARMS SUBDIVISION N89'46.02"E
BLOCK 1 22,03'
N89'19'79'vr
40.00'
iYJ
POINT OF BEGINNING
R-8 ZONE
.r J
29fi.24'
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Cry N�9 g''i (r b
Ext-�IBIr DRAWING FOR
R�-8 AND R--15 SONES
MAQbYN VILLAGE; GUBQtViSfON
LOCRTED W G6vfDNlAEJJT LOT t, SJ:CIIDN t. T.1N„ R.iw., B.u„
tiFJ?IDIRN, APA
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OF BEGIN ING
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to
ZONE
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N89'53'44"W
57,80
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59.50
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s23 35'
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45,20'
to
t �
f
ZONE R-15
<} Q
tN Jn
R-4
3.53 ACRES
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50'06116"w
36.13'
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Ext-�IBIr DRAWING FOR
R�-8 AND R--15 SONES
MAQbYN VILLAGE; GUBQtViSfON
LOCRTED W G6vfDNlAEJJT LOT t, SJ:CIIDN t. T.1N„ R.iw., B.u„
tiFJ?IDIRN, APA
,pn t
S34'35'37"W N8 g 25'
f36,62'
14506.wA191U 'NIST.
ht ZONE R-8
SSBI
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a t 6.87 ACRES
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N89'53'44"W
57,80
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_ 517`.63'_
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_
N89'19'53'w 893.52' .
SALS18URY LANE SUBDIVISION
R-4
20 120 380
760 25p...,._..,...__---�
SCALE. I" = 120'
IDAHO
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Maddyn Village Subdivision -- H-2016-0075
REAL POINT
R-15
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EXHIBIT B
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW C�m E ID"I IAN,,',
AND DECISION & ORDER r •:
In the Matter of the Request for annexation and zoning (AZ) of 10.40 acres of land, (6.9 acres with
an R-8 zoning district and 3.5 acres with an R-15 zoning district); a preliminary plat (PP) consisting
of twenty-nine (29) single-family residential lots, ten (10) multi -family residential lots and six (6)
common lots on approximately 10.4 acres in the proposed R-8 and R-15 zoning districts; and
conditional use permit for multi -family development consisting of forty-eight (48) dwelling units
(eight (8) four Alex structures and tuvo (2) eight Alex structures) in the proposed R-15 zoning district
for Maddyn Village Subdivision by A Team Consultants.
Case No(s). H-2016-0075
For the City Council Hearing Date of: September 27, 2016 (Findings on October 11, 2016)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of September 27, 2016, incorporated
by reference)
2. Process Facts (see attached Staff Report for the hearing date of September 27, 2016, incorporated
by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of September 27,
2016, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of September 27, 2016, incorporated by reference)
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use
Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503).
2. The Meridian City Council takes judicial notice of its Unified Development Code codified at
Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by
ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of
Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A.
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5, It is found public facilities and services required by the proposed development will not impose
expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Decision, which shall be
signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). H-2016-0075 - 1 -
Cormnunity Development Department, the Public Works Department and any affected party
requesting notice.
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of September 27, 2016, incorporated by reference. The conditions are concluded to
be reasonable and the applicant shall meet such requirements as a condition of approval of the
application.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon
the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that:
1. The applicant's request for Annexation and Zoning, Conditional Use Permit and Preliminary
Plat is hereby approved per the conditions of approval in the Staff Report for the hearing date
of September 27, 2016, attached as Exhibit A.
D. Notice of Applicable Time Limits
Notice of Preliminary Plat Duration
Please take notice that approval of a preliminary plat, combined preliminary and final plat, or
short plat shall become null and void if the applicant fails to obtain the city engineer's signature
on the final plat within two (2) years of the approval of the preliminary plat or the combined
preliminary and final plat or short plat (UDC 11 -6B -7A).
In the event that the development of the preliminary plat is made in successive phases in an
orderly and reasonable manner, and conforms substantially to the approved preliminary plat,
such segments, if submitted within successive intervals of two (2) years, may be considered for
final approval without resubmission for preliminary plat approval (UDC 11 -6B -7B).
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11 -6B -7.A, the Director may authorize a single extension of time to obtain the City
Engineer's signature on the final plat not to exceed two (2) years. Additional time extensions up
to two (2) years as determined and approved by the City Council may be granted. With all
extensions, the Director or City Council may require the preliminary plat, combined
preliminary and final plat or short plat to comply with the current provisions of Meridian City
Code Title 11. If the above timetable is not met and the applicant does not receive a time
extension, the property shall be required to go through the platting procedure again (UDC 1I -
6B -7C).
Notice of Conditional Use Permit Duration
Please take notice that the conditional use permit, when granted, shall be valid for a maximum
period of two (2) years unless otherwise approved by the City. During this time, the applicant
shall commence the use as permitted in accord with the conditions of approval, satisfy the
requirements set forth in the conditions of approval, and acquire building permits and
continence construction of permanent footings or structures on or in the ground. For
conditional use permits that also require platting, the final plat must be signed by the City
Engineer within this two (2) year period.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). H-2016-0075 - 2 -
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11 -5B -6.G.1, the Director may authorize a single extension of the time to commence the
use not to exceed one (1) two (2) year period. Additional time extensions up to two (2) years as
determined and approved by the City Council may be granted. With all extensions, the Director
or City Council may require the conditional use comply with the current provisions of Meridian
City Code Title 11(UDC 11 -5B -6F).
Notice of Development Agreement Duration
The development agreement shall be signed by the property owner and returned to the City
within six (6) months of the City Council granting annexation and/or rezone (UDC 11 -5B -3D).
A development agreement may be modified by the city or an affected party of the development
agreement. Decision on the development agreement modification is made by the city council in
accord with this chapter. When approved, said development agreement shall be signed by the
property owner(s) and returned to the city within six (6) months of the city council granting the
modification (UDC 11 -5B -3F).
A modification to the development agreement may be initiated prior to signature of the
agreement by all parties and/or may be requested to extend the time allowed for the agreement
to be signed and returned to the City if filed prior to the end of the six (6) month approval
period (UDC 11 -5B -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 September 27, 2016
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). H-2016-0075 - 3 -
By action of the City Council at its regular meeting held on the _�� day of
2016.
COUNCIL PRESIDENT KEITH BIRD
VOTED -X!4
COUNCIL VICE PRESIDENT JOE BORTON
VOTED YCi
COUNCIL MEMBER ANNE LITTLE ROBERTS
VOTEDAM
COUNCIL MEMBER TY PALMER
VOTED
COUNCIL MEMBER LUKE CAVENER
VOTED
COUNCIL MEMBER GENESIS MILAM
VOTED_
MAYOR TAMMY de WEERD
VOTED
(TIE BREAKER)
Mayor Tamm e
eerd
0 ATEDgLc�s,
Attest:
�r o
W
AN
m
C. y Cols
SE
�m2�F AL
Ro`rha
City Clerk
TREAS,P/
Copy served upon Applicant, Community Development Department, Public Works Department and City
Attorney.
By: �V Dated:
City Clerk's Office
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). H-2016-0075 - 4 -
EXHIBIT A
STAFF REPORT
Hearing Date: September 27, 2016 E ILEI `` �
TO: Mayor & City Council
FROM: Josh Beach, Associate City Planner
208-884-5533
Bruce Freckleton, Development Services Manager
208-887-2211
SUBJECT: Maddyn Village Subdivision — H-2016-0075
L SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, A Team Land Consultants, has submitted an application for annexation and zoning
(AZ) of 10.40 acres of land, (6.9 acres with an R-8 zoning district and 3.5 acres with an R-15 zoning
district); a preliminary plat (PP) consisting of twenty-nine (29) single-family residential lots, ten
(10) multi -family residential lots and six (6) common lots on approximately 10.4 acres in the
proposed R-8 and R-15 zoning districts; and conditional use permit for multi -family
development consisting of forty-eight (48) dwelling units (eight (8) four Alex structures and two
(2) eight Alex structures) in the proposed R-15 zoning district for Maddyn Village Subdivision.
II. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed AZ, PP and CUP 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 September 1, 2016. At the
public hearing, the Commission moved to recommend approval of the subiect AZ, PP and CUP
requests.
a. Summary of Commission Public Hearing:
i. In favor: Steve Arnold (applicant's representative), Kyle EnAer, Todd Tucker
ii. In opposition:
iii. Commenting: Mike Grossman, Todd Tucker, Jim Lewis, Clay Hitchcock, John Carver,
Jeanette Drouillard, Joe Simunich, Nich Thomas, Wayne Brown, Janice Steiger,
iv. Written testimony: Ted Williams
v. Staff presenting application: Josh Beach
A. Other staff commenting on application: Bill Parsons
b. Key issue(s) of Public Testimony:
i. Increased traffic onto Meridian Road from the proposed multi -family development
ii. Increased traffic through hthe surrounding subdivisions that provide access to the
proposed single-family development
iii. Adequacy of the number of parldng spaces proposed for the multi -family development
iv. Adequacy of the proposed amenities for the development.
v. Should amenities be provided at all due to the proximity to Settlers Park.
vi. There have been issues with irrigation water on the subject property in the past
vii. Direct access to Ustick Road from the single-family development
viii. The impact of road construction on the proposed entrance to the multi -family project.
c. Key Issues of Discussion by Commission:
L Price point for both the rent for the multi -family and prices of the homes
ii Does the parking meet the UDC requirements
Maddyn Village Subdivision — H-2016-0075 PAGE 1
EXHIBIT A
iii. Transition from to the surrounding R-4 with the proposed R-8 and R-15
iy� Pedestrian pathway to the northern property
Y: Transition between the proposed R-8 and R-15 portions of the project
A. Direct access to Meridian Road from the multi -family portion
ii Appropriateness of the overall proposed density
vjjj. One of the existing homes has an outbuilding that will not meet the setback
requirements once the property is subdivided. The Commission agreed with staff that
the building should be removed.
ix. Duration of the road construction at the intersection of Ustick and Meridian and the
impact that will have on the proposed entrance to the multi -family portion of the
project.
d. Commission Changes) to Staff Recommendation:
L None
e. Outstanding Issue(s) for City Council:
L None
The Meridian City Council heard these items on September 27, 2016. At the public hearing, the
Council approved the subject AZ. CUP and PP requests.
a.
Summary
of City Council Public Hearing:
L
In favor: Kyle Engler, applicant. Elaine Lewis.
Todd Tucker,
Nick Thomas, Kyle Jones,
Craig Chidlev, Shane Haas.
d
In opposition: Jim Lewis. John Williams
idCommenting:
Jim Lewis. John Williams. Don
Farley, Todd
Tucker, Mike Grossman.
Nick Thomas. Shane Haas,
iY,
Written testimony: Steve Arnold (Applicant's
Representative)
Y,
Staff presenting application: Josh Beach
YL
Other staff commenting on application: Bill Nary,
Bruce Chatterto
d
Key
issue(s) of Public Testimony:
i
Construction of the Ustick-Meridian Road Intersection and
the impact on this
development.
iL
Increased traffic onto Meridian Road from the
proposed multi
-family development
iii:
Increased traffic through the surrounding subdivisions
that
provide access to the
proposed single-family development
iy�
Appropriateness of the proposed density.
c
Key
Issues of Discussion by Council:
L
Management for the multi -family portion of the project, and consistency.
Ii,
Ustick- Meridian Road intersection construction.
iifi.
uture road expansion to the west of this project
iY,
Are the two homes that remain required to be
part of the HOA?
Y.
Should the existing shed be removed since it doesn't
meet city
code requirements?
A
Would a variance application be required in order
to keep
the shed?
yd Can this property be annexed with non -conforming
uses
where the uses are able to
remain for a certain period of time?
d
Key
Council Changes to Commission Recommendation
L
Modify condition 1.1.1F as follows: The accessory
detached
structure must either be
removed or the applicant have been granted
a variance prior
to issuance of the final
What
Maddyn Village Subdivision — H-2016-0075 PAGE 2
EXHIBIT A
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to recommend approval to the City
Council of File Number H-2016-0075, as presented in the staff report for the hearing date of
September 1, 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-2016-0075, as presented during the hearing on September 1, 2016, for the
following reasons: (You should state specific reasons for denial)
Continuance
I move to continue File Number H-2016-0075 to the hearing date of (insert continued hearing date
here) for the following reason(s): (You should state specific reason(s) for continuance.)
IV. APPLICATION AND PROPERTY FACTS
A. Site Address/Location:
The site is located at 2975 and 3001 N. Meridian Road, in the NE'/4 of Section 1, Township 3N,
Range 1 W.
B. Owners:
Kyle Enzler
3001 N. Meridian Road
Boise, ID 83646
C. Applicant/Representative:
Steve Arnold, A Team Consultants
1785 Whisper Cove Avenue
Boise, ID 83709
D. Applicant's Statement/Justification: Please see applicant's narrative for this information.
V. PROCESS FACTS
A. The subject application is for annexation and zoning, preliminary plat and conditional use permit.
A public hearing is required before the Planning & Zoning Commission and City Council on this
matter, consistent with Meridian City Code Title 11, Chapter 5.
B. Newspaper notifications published on: August 15, and 29, 2016 (Commission); September 5,
September 19, 2016 (Council)
C. Radius notices mailed to properties within 300 feet on: August 12, 2016 (Commission);
September 2, 2016 (Council)
D. Applicant posted notice on site(s) on: August 22, 2016 (Commission); September 19, 2016
Council
VI. LAND USE
A. Existing Land Use(s) and Zoning: The annexation area consists of agricultural property and two
single-family homes, zoned RUT in Ada County.
B. Character of Surrounding Area and Adjacent Land Use and Zoning:
Maddyn Village Subdivision — H-2016-0075 PAGE 3
EXHIBIT A
1. North: Parkview Christian Church and Spring Creek Assisted Living Facility, zoned L -O
2. East: N. Meridian Road; single-family residential properties zoned R-8.
3. South: Single-family residential properties in Salisbury Lane Subdivision, zoned R-4
4. West: Single-family residential properties in Parkway Subdivision, zoned R-4
C. History of Previous Actions: None
D. Utilities:
1. Location of sewer: Sanitary sewer mains intended to provide service to the proposed
development currently exist in the southern stub street, and in N. Meridian Road.
2. Location of water: Water mains intended to provide service to the proposed development
currently exist in the southern stub street, and in N. Meridian Road.
3. Issues or concerns: Applicant shall be required to loop the proposed water system through
the development from N. Meridian Road to the southern stub street.
E. Physical Features:
1. Canals/Ditches Irrigation: No major facilities
2. Hazards: Staff is not aware of any hazards that exist on this property.
3. Flood Plain: This site does not lie within the Meridian Floodplain Overlay District.
VII. COMPREHENSIVE PLAN POLICIES AND GOALS
The Comprehensive Plan Future Land Use Map (FLUM) designates this site as Medium Density
Residential (MDR). MDR designated areas allow smaller lots for residential purposes within City
limits. Uses may include single-family homes at gross densities of 3 to 8 dwelling units per acre
(d.u./acre).
The applicant proposes to develop this 10.4 acre site with twenty-nine (29) single-family
residential lots, ten (10) multi -family residential lots and five (5) common lots. The R-15
portion of the site consists of approximately 3.5 acres and will have a gross density of 13.7
dwelling units to the acre, and the R-8 portion of the site consists of 6.9 acres will have a
gross density of 4.2 dwelling units to the acre. Overall gross density within the proposed
project is 7.4 dwelling units to the acre which falls within the density range of the MDR land
use designation.
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." (3.07.0 IE)
Maddyn Village Subdivision — H-2016-0075 PAGE 4
EXHIBIT A
The proposed single-family detached and multi family 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." (3.01.0117)
City services are available and will be extended by the developer to the proposed lots upon
development of the site in accord with UDC 11-3A-21.The two (2) existing Borne will need to
connect to city utilities with the development of the property.
"Require common area in all subdivisions." (3.07.02F)
The proposed plat depicts a total of 1.59 acres (or 15.3116) of'common open space in accord
with the requirements listed in UDC11-3G-3. All open space and site amenities are to be
shared amongst the single family and nnulti family developments.
"Review new development for appropriate opportunities to connect local roads and
collectors to adjacent properties (stub streets). (3.03.020)
N. Spring Water Street was stubbed to the property with the development of the Salisbury
Lane Subdivision. This roadway is being extended with the proposed development. The
extension of this roadway is the only access to the single Jam-i.ly portion of the development.
The multi family portion is proposed to take access from N. Meridian Road.
"Support infill of vacant lots in substantially developed, single-family areas at densities
similar to surrounding development." (3.07.02I)
The subject property is adjacent to existing medium density homes and similar lot sizes to the
south in the Salisbury Lane Subdivision and to the west in the Parkway Subdivision. Staff
believes the multi family provides a transitionn between the commercial uses to the north the
existing single family to the south.
"Require pedestrian access connectors in all new development to link subdivisions together to
promote neighborhood connectivity as part of a community pathway system." (3.03.03B)
The applicant is proposing anl internal pathway system for the proposed development. The
proposed subdivision will construct an approximately 250 foot pathway through the interior
of the subdivision that will connect the single-family portion of the project to the multi family
portion via the proposed 5 foot detached sidewalk along N. Meridian Road. The applicant is
also required to install 5 -foot attached sidewalks that will connect to existing sidewalk to the
south. Further, the applicant has provided a pedestrian connection to the church in
coordination with the property owner.
"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 N. Meridian Road as well as connecting to the
existing stub street (N. Spring Water Street). UDC 11-3A-3 restricts access to arterial street
when local street access is available. Because the applicant is proposing to keep the existing
homes on the site and a common lot developed with the Salisbury Lane Subdivision restricts
access to W. Sedgewick Drive, the applicant is seeking a council waiver for the access to
Meridian Rd. ACHD staff has recommended approval of the proposed access point.
"Require new residential development to meet development standards regarding landscaping,
signage, fences and walls, etc." (3.05.02C)
Maddyn Village Subdivision — H-2016-0075 PAGE 5
EXHIBIT A
Street buffer landscaping is required adjacent to N. Meridian 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 I1 -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." (3.04.0111)
Staff has coordinated with public works, police and fire and has incorporated their comments
and conditions in this report.
"Ensure development provides safe routes and access to schools, parks and other community
gathering places.: (3.07.02N)
Staff is requiring the applicant to install the fi-ontage improvements along the entire frontage
of Meridian Road with the first phase of development because this is the last stretch of
sidewalk that has not been installed and will provide much needed pedestrian access to the
area schools and parks.
"Elevate quality of design for houses and apartments; evaluate the need for design review
guidelines for single-family homes." (3.07.020)
The multi family structures within the proposed development will be subject to the design
standards in UDC 11-3A-19 and the guidelines in the Architectural Standards Manual.
"Locate high-density development, where possible, near open space corridors, or other
permanent major open space and park facilities, Old Town, and near major access
thoroughfares." (3.07.02L)
The proposed development is in close proximity to Settlers Park and adjacent to N. Meridian
Road which provides access to Downtown and Interstate I-84.
"Evaluate comprehensive impact of growth in all land use decisions (e.g., traffic impacts,
school enrollment, parks, etc.) (3.01.01B)
A letter has been received fi-om the Ada West School District commenting on this application.
Based on U.S. census data, the District estimates that when complete, this development will
add approximately 66 school aged children to the enrollment numbers of schools within. the
Ada West District (see letter to the City dated August 8, 2016 for more information).
For the above stated reasons, staff finds the proposed project is 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.
The medium-high density residential (R-15) district allows a maximum gross density of 15
dwelling units per acre.
B. Schedule of Use: Unified Development Code (UDC) Tables 11-2A-6 and 11-2A-7 list the
principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the R-8 and R-
15 zoning district respectively. Any use not explicitly listed, or listed as a prohibited use is
prohibited. The proposed use of the site, for single-family detached dwellings is a principal
permitted use in the R-8 zoning district and the proposed multi family use is a conditional use in.
Maddyn Village Subdivision — H-2016-0075 PAGE 6
EXHIBIT A
the R-15 zoning district. The applicant has submitted an application for a conditional use permit
for this project.
C. Dimensional Standards: Development of the site should be consistent with the dimensional
standards listed in UDC Tables 11-2A-6 for the R-8 zoning district and 11-2A-7 for the R-15
zoning district.
D. Landscaping: For purposes of this application the common open space and site amenities will
be shared between the entire development.
Street buffer landscaping shall be installed in accordance with the standards listed in UDC
Tables 11-2A-6 for the R-8 zoning district, 11-2A-7 for the R-15 zoning district, and UDC
11 -3B -7C.
The proposed micropaths and internal 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.
Common open space and site amenities are required to be provided on the site in accord with
the requirements listed in UDC 11-4-3-27C and 11-4-3-27D.
E. Subdivision Design and Improvement 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 10.4 acres of land with an R-8 and R-15
zoning districts. As discussed above in Section VII, staff believes the proposed zoning is
consistent with the policies in the Comprehensive Plan.
The applicant proposes to develop 27 new single-family residential detached homes and maintain
two (2) existing homes on 6.9 acres of land and 48 multi -family units on ten (10) lots on 3.5 acres
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.
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. Conditional Use Permit (CUP):
A CUP is requested for a multi -family development in the proposed R-15 zoning district as
required by UDC Table 11-2A-2.
The multi -family residential development is proposed to consist of 48 dwelling units within (10)
2 -story structures (eight (8) four-plexes and two (2) eight-plexes) on 3.5 acres of land. The units
Maddyn Village Subdivision — H-2016-0075 PAGE 7
EXHIBIT A
will consist of 48 2 -bedroom units containing approximately 1000 s.f. The applicant is proposing
a bocce ball court, a gazebo/plaza, a community garden and internal pathways as the required
amenities for the proposed development.
Staff has reviewed the submitted CUP site plan and recommends the following modifications;
1) Provide seven (7) bike racks dispersed throughout the development as proposed;
2) At a minimum, 5 -foot wide sidewalks should be constructed on both sides of the driveway to
Meridian Road.
Specific Use Standards: The specific use standards for multi -family developments listed in UDC
11-4-3-27 apply to development of thus site as follows: (Staffs comments in italics)
a. A minimum of 80 square feet (s.f.) of private useable open space is required to be
provided for each unit.
Private useable open space in accord with UDC standards is proposed for each unit in
the form of private patios and balconies for the proposed multi family structures. In
reviewing the submitted floor plans it appears that several of the units do not meet this
requirement. Withh the submittal of a certificate of zoning compliance application, the
applicant must submit revisers floor plans that demonstrate that the each unit meets the
private open space requirements.
b. Developments with 20 units or more shall provide a property management office, a
maintenance storage area, a central mailbox location with provisions for parcel mail that
provides safe pedestrian and/or vehicular access and a directory map of the development
at an entrance or convenient location for those entering the development.
The submitted site plan does not show the property management office, maintenance
storage area, or mailbox location. Prior to the Commission hearing, the applicant shall
submit a site plan that meets this requirement.
c. At a minimum, 250 s.f. of common open space is required for each unit containing more
than 500 s.f. and up to 1,200 s.f. of living area.
Because all of the proposed units (48) contain between 500 and 1,200 square feet of
living area, a minimum of 12,000 s f. (or 0.275 acres) of'common open space is required
to be provided. A total of 0.561 acres of passive and active open space is proposed.
Common open space is required to be a inininium of 400 s.f. in area with a minimum
length and width dimension of 20 feet. The applicant is proposing that the open space
and site amenities proposed with this project are shared in common between the multi-
family and single family developments.
d. For multi -family developments between 20 and 75 units or more, 3 site amenities are
required to be provided with at least one from each category listed in UDC 11 -4-3-27D.
Because 48 units are proposed, 3 amenities must be provided for the site with at least one
from each category (i.e. quality of life, open space, recreation). The applicant proposes to
provide the following amenities: 1) open grassy area at least fifty by one hundred feet in
size, 2) a bocce ball court, 3) gazebo/plaza, 4) a community garden and 5) interconnected
pathway system. Staff is supportive of the number of amenities proposed with this
development.
e. The architectural design of the structures shall comply with the standards set forth in the
Architectural Standards Manual.
Maddyn Village Subdivision — H-2016-0075 PAGE 8
EXHIBIT A
The conceptual elevations for both the 4 Alex structures and the 8plex structures are
included in Exhibit A.4. Staff is supportive of the proposed multi family structures as they
appear to generally comply with the standards of the Architectural Standards Manual.
The four° Alex structures should provide variation in neater ials and colors as required by
the ASM.
To enhance the design of the proposed four plexes, staff recommends the applicant
provide a decorative stone base around the colunins of the proposed patios. If the
applicant complies with this requirement staff is supportive of the proposed elevations.
Further, renderings have not been provided for the carport structures. Staff
recommends the proposed carports must be painted or powder coated to complement
the overall color scheme for the development.
f. Landscaping is required to comply with UDC 11-4-3-27-F. All street facing elevations
shall have landscaping along their foundation as follows: the landscaped area shall be at
least 3 -feet wide and have an evergreen shrub with a minimum mature height of 24
inches for every 3 linear feet of foundation. The remainder of the area shall be landscaped
with ground cover plans.
The landscape plan submitted with the Certificate of Zoning Compliance should
comply with this requirement for the sides of the structures that face N. Meridian
Road.
g. The development is required to record legally binding documents that state the
maintenance and ownership responsibilities for the management of the development,
including, but not limited to, structures, parking, common areas, and other development
features.
The applicant should submit documentation of compliance with this requirement with
the Certificate of Zoning Compliance application or prior to issuance of Certificate of
Occupancy at the latest.
h. Parking: Off-street vehicle parking is required to be provided on the site in accord with
the standards listed in UDC 11-3C-6. For multi -family developments, parking standards
are based on the number of bedrooms per unit — 1 -bedroom units require 1.5 spaces per
unit with at least one of those in a covered carport or garage and 2 -bedroom units require
2 spaces per unit with at least one of those in a covered carport or garage. All of the units
in the proposed development will have 2 bedrooms. A total of 96 parking spaces are
required, with 48 in covered spaces. The applicant has provided 101 parking spaces total,
but has not depicted which ones are to be covered. With the submittal of the CZC
application, the applicant must depict a total of 48 covered parking stalls in accord
with is UDC standard.
A minimum of one bicycle parking space for every 25 proposed vehicle spaces or portion
thereof is required to be provided on the site per UDC 11 -3C -6G in accord with the
standards listed in UDC 11 -3C -5C. Based on 101 vehicle spaces proposed to be provided
on the site, a minimum of four (4) bicycle spaces are required. The site plan depicts that
seven (7) bike racks dispersed throughout the development in accord with this
requirement.
i. Service areas: On-site service areas, outdoor storage areas, waste storage, disposal
facilities, and transformer or utility vaults shall be fully screened from view from any
public street. The proposed trash enclosures are internal to the proposed development
Maddyn Village Subdivision — H-2016-0075 PAGE 9
EXHIBIT A
and will have limited visibility from the site in accord with this requirement. All HVAC
equipment adjacent to the street must also be fully screened from view.
3. Preliminary Plat
The proposed plat consists of 39 building lots and 6 common lots on 10.4 acres of land in
proposed R-8 and R-15 zoning districts (see Exhibit A.2). The gross density for the R-8 portion
of the subdivision is 5.04 d.u./acre with a net density of 4.22 d.u./acre. The gross density for the
R-15 portion of the subdivision is 13.63 d.u./acre. The average lot size for the single-family lots
is 7,921 square feet.
Existing Structures: There are two existing homes and associated outbuildings on the site that
are proposed to remain on Lots 16 and 31, Block 1. All existing structures that are proposed to
remain with subdivision of the property must comply with the setback standards of the R-8
district per UDC Table 11-2A-6; or be removed prior to City Engineer signature on the final plat.
Additionally, staff recommends that the existing homes connect to city utilities and
terminate their access to N. Meridian Road with the first phase of development. Since the
existing homes will no longer have access to N. Meridian Road, the property owner will
have to coordinate with the City's Addressing Specialist and obtain a new street addresses
from the adjacent local street (Elsinore Way).
Note: There is an existing outbuilding on Lot 31, Block 1 that will be located within the
required street yard with the subdividing of the property. The UDC restricts detached
accessory dwellings from being located in this setback (UDC 11 -2A -3D). The applicant is
requesting that the City Council allow the accessory building remain on the property in its
current location. Staff recommends that the structure be removed with the development of
the first phase unless approved to remain by City Council.
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 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.
Phasing Plan: The applicant has indicated that the multi -family portion of the site will be phase
one and the single-family portion will be phase two. The applicant shall submit a phasing plan to
staff prior to the Commission hearing.
Block Length: The plat is required to comply with the block length standards listed in UDC 11-
6C -3F. Staff has reviewed the proposed plat and found it to be in compliance with the
aforementioned standards.
Access: Access is proposed for this site via one access from N. Meridian Road to the multi-
family portion of the project and via the extension of existing stub street from Salisbury Lane
Subdivision (N. Spring Water Street) with the single family. ACRD staff is supportive of the
access to N. Meridian Road and the applicant is seeping a Council waiver to allow the access
in accord with UDC 11-3A-3.
NOTE: If Council does not approve the access to N. Meridian Road, the applicant will have
to re -design the site so the proposed development can take access from Elsinore Way, a
future local street.
Streets: All of the proposed streets depicted on the plat are public. Meridian Road is improved
with 3 -travel lanes, vertical curb, gutter, and 5 -foot wide sidewalk abutting the site. There is 78 -
feet of right-of-way for Meridian Road (47 -feet from centerline). The internal streets are proposed
as reduced street sections with parking being restricted to one side of the street. Per ACRD, the
applicant is responsible for obtaining Fire Department approval.
Maddyn Village Subdivision — H-2016-0075 PAGE 10
EXHIBIT A
Common Driveways: The applicant is proposing one (1) common driveway in this project. The
common driveway 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.
Parking: Off-street parking is required on each residential lot in accord with the standards listed
in UDC 11-3C-6. Parking standards for the multi -family development are discussed above.
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 N. Meridian Road, an arterial street, per UDC
Table 11-2A-7 and is required to be landscaped in accord with the standards listed in UDC 11-
3B -7C. The buffer width along N. Meridian Road should be measured from the back of
curb per UDC 11-313-7C.la(2); or, the ultimate curb location as determined by ACHD if
future road widening is anticipated; revise plans accordingly. Staff recommends this buffer
and the detached sidewalk be constructed with the first phase of development.
Landscaping within the common areas is required in accord with the standards listed in UDC 11-
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. Pathway landscaping is depicted on the plan along all micropaths within the development.
Tree Mitigation: There are existing trees on the site, if any of the trees are to be removed, the
applicant should contact Elroy Huff, City Arborist, at 888-3579 to schedule an appointment to
confirm mitigation requirements prior to removal of any trees on the site. The landscape plan
incorrectly notes that there are no existing trees on the site.
Open Space: A minimum of 10% qualified open space is required to be provided for this
development in accord with UDC 11 -3G -3A.1. Based on the area of the preliminary plat (10.4
acres), a minimum of 1.04 acres of qualified open space is required to be provided as set forth in
UDC 11 -3A -3B. A total of 1.59 acres (or 15.3%) of qualified open space is proposed consisting
of %2 the street buffer along N. Meridian Road, the internal pathway that connects the multi-
family portion of the site to the single-family portion, the micro -path lot and internal common
open space areas which appears to comply with this requirement. As noted above, all open space
will be shared between both developments.
Site Amenities: All developments consisting of five acres of more are required to provide a
minimum of one site amenity; one additional site amenity is required for each additional 20 acres
per UDC 11 -3G -3A.2, in accord with the standards listed in UDC 11 -3G -3C. Based on the area of
the preliminary plat (10.398 acres), staff requires a minimum of 1 qualified site amenities be
provided. The applicant proposes to provide a bocce ball court, internal pathways, a gazebo/plaza,
community garden and an internal grassy area at least 50' X 100'in accord with this requirement.
All of the proposed amenities will be shared in common.
Maddyn Village Subdivision — H-2016-0075 PAGE 11
EXHIBIT A
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 detached sidewallc is required along N. Meridian Road.
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. Water connections will
need to be made at all available locations, thereby looping the water system.
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.
Storm Drainage: A storm drainage system is required for the development in accord with the
City's adopted standards, specifications and ordinances. Design and construction shall follow best
management practice as adopted by the City in accord with UDC 11-3A-18.
Floodplain: This property does not lie within the Meridian Floodplain Overlay District.
Fencing: All fencing should comply with the standards listed in UDC 11 -3A -6B and 11-3A-7.
Fencing adjacent to all interior pathways and common open space shall meet the requirements of
UDC 11-3A-7.
Building Elevations: The applicant has submitted conceptual sample building elevations for
future multi -family buildings in this development, included in Exhibit A.4. Building materials
appear to consist of a mix of board and batten siding, horizontal and vertical lap siding, stone
veneer, corbels and architectural shingles. Staff believes the proposed elevations comply with the
ASM and the design standards set forth in UDC 11-3A-19.
Elevations were not submitted for the single family homes. Prior to the Commission hearing
the applicant should submit elevations for the single family homes.
Certificate of Zoning Compliance (CZC) and Design Review (DES): A CZC application is
required to be submitted prior to issuance of building permits for the multi -family portion of the
development. The applicant is required to obtain approval of a design review application for the
proposed structures and site design for the multi -family development. This application may be
submitted concurrently with the CZC application. The applicant must comply with the design.
standards listed in UDC 11-3A-19 and the guidelines contained in the Architectural Standards
Manual.
In summary, Staff recommends approval of the proposed annexation, prelininat), plat and
conditional use permit 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/Site Plan (dated: 6/5/16)
3. Proposed Landscape Plan (dated: 6/5/16)
4. Conceptual Building Elevations
B. Agency & Department Comments/Conditions
C. Legal Description & Exhibit Map for Annexation Boundary
D. Required Findings from Unified Development Code
Maddyn Village Subdivision — H-2016-0075 PAGE 12
EXHIBIT A
A. Drawings
1. Vicinity Map
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Vicinity Map Miles
Maddyn Village Subdivision — H-2016-0075 PAGE 10
EXHIBIT A
2. Proposed Preliminary Plat and Site Plan (dated: 7/24/16)
Maddyn Village Subdivision — H-2016-0075 PAGE I 1
EXHIBIT A
3. Proposed Landscape Plan (dated: 7/24/16)
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EXHIBIT A
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Maddyn Village Subdivision — H-2016-0075 PAGE 13
EXHIBIT A
B. EXHIBIT AGENCY & DEPARTMENT COMMENTS/CONDITIONS
1. PLANNING DIVISION
1.1 Site Specific Conditions of Approval
1.1.1 A Development Agreement (DA) is required as a provision of annexation of this property. Prior
to the annexation ordinance approval, a DA shall be entered into between the City of Meridian,
the property owner(s) at the time of annexation ordinance adoption, and the developer.
Currently, a fee of $303.00 shall be paid by the applicant to the Planning Division prior to
commencement of the DA. The DA shall be signed by the property owner and returned to the
City within six (6) months of the City Council granting annexation. The DA shall, at minimum,
incorporate the following provisions:
a. Except the public street access to Meridian Rd.; direct lot access to N. Meridian Road, an
arterial street, is prohibited in accord with UDC 11-3A-3 unless waived by City Council.
b. Future development of this site shall be generally consistent with the preliminary plat, site
plan, landscape plan and building elevations depicted in Exhibit A and the revisions noted in
the staff report. Prior to the Commission hearing, the applicant shall submit elevations for the
single-family homes to ensure a cohesive design theme within the development.
c. The site shall develop with a ininimum of 15.3% open space (1.59 acres) to include the
following amenities: a bocce ball court, internal pathways, a gazebo/plaza, community garden
and an internal grassy area at least 50' X 100'as proposed.
d. With the first phase of development the applicant shall construct the 5 -foot detached sidewalk
and 25 foot landscape buffer along the entire frontage of N. Meridian Road.
e. The existing homes on Lots 16 and 31, Block 1 must connect o city utilities and must take
access from Elsinore Way with the first phase of development.
f. The accessory detached structure must either be removed from rot Z, Bleey , with
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development of the first phaseunless appFoved to remain by City C,,,,nei . or the applicant
have been granted a variance prior to issuance of the final plat.
1.1.2 The preliminary plat included in Exhibit A.2, dated 7/24/16, 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. Unless li nited 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.
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 submit a phasing plan to staff prior to the Commission hearing.
d. The property owner shall coordinate with the City's Addressing Specialist and obtain a new
street addresses for the existing residences proposed on Lots 16 and 31, Block 1.
e. The applicant shall add a note on the face of the plat or record a separate document and
reference the recorded document number on the face of the plat that identifies a blanket cross
access agreement and shared parking agreement for the multi -family development (Lot 18,
Block 1).
1.1.3 The site plan included in Exhibit A.2, dated 07/24/16, shall be revised as follows:
Maddyn Village Subdivision — H-2016-0075 PAGE 14
EXHIBIT A
a. Provide seven (7) bike racks dispersed throughout the development as proposed;
b. At a minimum, 5 -foot wide sidewalks should be constructed on both sides of the driveway to
Meridian Road.
c. All HVAC equipment adjacent to the street inust be fully screened from view.
d. The submitted site plan does not show the property management office, maintenance storage
area, or mailbox location. Prior to the Commission hearing, the applicant shall submit a site
plan that meets this requirement.
e. The applicant must depict a total of 48 covered parking stalls in accord with is UDC Table
11-3C-6.
1.1.4 The landscape plan included in Exhibit A.3, dated 07/24/16, shall be revised as follows:
a. The buffer width along N. Meridian Road should be measured from the back of curb per
UDC 11-3B-7C.la(2); or, the ultimate curb location as determined by ACHD if future road
widening is anticipated; revise accordingly. With the first phase of development the applicant
shall construct the 5 -foot detached sidewalk and 25 foot landscape buffer along the entire
frontage of N. Meridian Road.
b. All fencing shall be installed in accordance with UDC I1 -3A-7. Per UDC 11-3A-7A7a, the
applicant is responsible for fencing micropaths to distinguish the conunon areas from the
private areas. Where the buildable lots abut internal conunon lots fencing must either be 4 -
foot solid, 6 -foot semiprivate or 6 -foot open vision. A detailed fencing plan must be
submitted with each final plat application.
c. 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.
d. The applicant shall submit a detail of the gazebo/plaza on Lot 30, Block 1 with the final plat
application for the applicable phase of development.
e. All parking lot landscaping must be designed and installed in accord with UDC 11 -3B -8C.
1.1.5 Provide at least 80 square feet of private, useable open space, such as a patio or balcony/deck, for
each multi -family dwelling unit in accordance with UDC 11-4-3-27B-3. With the submittal of a
certificate of zoning compliance application, the applicant must submit revised floor plans that
demonstrate that the each iulit meets the private open space requirements.
1.1.6 The applicant shall record a final plat prior to applying for a building permit for the proposed
development.
1.1.7 As determined by the Community Development Director, the multi -family buildings and carports
constructed on this site shall substantially comply with the renderings submitted to the City with
the CUP application, and as modified by the conditions of approval herein. The applicant shall
also provide a decorative stone base around the columns along the proposed patios. At minimum,
the apartment buildings shall include two field colors and one trim color and the carports shall be
painted or powder coated to match the color scheme of the development.
1.1.8 A CZC and administrative design review approval is required prior to issuance of a building
permit for any and all of the multi -family units within this development. NOTE: A CZC
application may include one or more multi -family units on a lot/parcel.
1.1.9 Maintenance of all conunon areas shall be the responsibility of the developer or assigns. Record
legally binding documents that state the maintenance and ownership responsibilities for the
Maddyn Village Subdivision — H-2016-0075 PAGE 15
EXHIBIT A
management of the development, including but not limited to structures, parking, common areas,
private streets, and other development features. A copy of the recorded document shall be
submitted with the first Certificate of Occupancy.
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-6 and 11-2A-7 respectively.
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.
1.2.4 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11-3A-
15, UDC 11-3B-6 and MCC 9-1-28.
1.2.5 Comply with the sidewalk standards as set forth in UDC 11-3A-17.
1.2.6 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-313-51
1.2.7 Construct the required landscape buffers consistent with the standards as set forth in UDC 11 -3B -
7C.
1.2.8 Construct storm water integration facilities that meet the standards as set forth in UDC 11 -3B -
11C.
1.2.9 Comply with all subdivision design and improvement standards as set forth in UDC 11-6C-3,
including but not limited to cul-de-sacs, alleys, driveways, common driveways, easements,
blocks, street buffers, and mailbox placement.
1.2.10 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 l 1-3B-6 and to install and maintain all landscaping as set forth
in UDC 11-313-5, UDC 11-313-13 and UDC 11-313-14.
1.3.2 All common open space and site amenities shall be maintained by an owner's association as set
forth in UDC 11 -3G -3F1.
1.3.3 The project is subject to all current City of Meridian ordinances.
1.3.4 The applicant and/or property owner shall have an ongoing obligation to prune all trees to a
minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the
area.
1.3.5 The applicant has a continuing obligation to comply with the outdoor lighting provisions as set
forth in. UDC 11-3A-11.
1.3.6 The applicant and/or property owner shall have an ongoing obligation to maintain all landscaping
and constructed features within the clear vision triangle consistent with the standards in UDC 11-
3A-3.
1.4 Process Conditions of Approval
1.4.1 No signs are approved with this application. Prior to installing any signs on the property, the
applicant shall subnut a sign permit application consistent with the standards in UDC Chapter 3
Article D and receive approval for such signs.
Maddyn Village Subdivision — H-2016-0075 PAGE 16
EXHIBIT A
1.4.2 The applicant shall complete all improvements related to public life, safety, and health as set forth
in UDC 11 -5C -3B. A surety agreement may be accepted for other improvements in accord with
UDC 11 -5C -3C.
1.4.3 The final plat, and any phase thereof, shall substantially comply with the approved preliminary
plat as set forth in UDC I 1 -6B -3C2.
1.4.4 The applicant shall obtain approval for all successive phases of the preliminary plat within two
years of the signature of the City Engineer on the previous final plat as set forth in UDC 11 -6B -
7B (if applicable).
1.4.5 The preliminary plat approval shall be null and void if the applicant fails to either 1) obtain the
City Engineer signature on a final plat within two years; or, 2) gain approval of a time extension
as set forth in UDC 11-6B-7.
1.4.6 Upon installation of the landscaping and prior to inspection by Planning Division staff, the
applicant shall provide a written certificate of completion as set forth in UDC 11 -3B -14A.
1.4.7 The conditional use approval shall be null and void if the applicant fails to 1) commence the use
within two years as set forth in UDC 11 -5B -6F1 or 2) gain approval of a time extension as set
forth in UDC 11-513-6174.
2. PUBLIC WORKS DEPARTMENT
2.1 SITE SPECIFIC CONDITIONS OF APPROVAL
2.1.1 Type I lighting shall be required along the frontage of the development along Meridian Road, and
Type II lighting will be required along the internal streets. 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
http://www.meridiancity.orWpublic works.aspx?id=272
2.1.2 Applicant shall be required to loop the proposed water system through the development from N.
Meridian Road to the southern stub street.
2.1.3 All dead end water mains shall terminate with a fire hydrant.
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
Maddyn Village Subdivision — H-2016-0075 PAGE 17
EXHIBIT A
NOT RECORD. Add a note to the plat referencing this document. All easements must be
submitted, reviewed, and approved prior to development plan approval.
2.2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water (MCC 9-1-28C1). The applicant should be required to use any existing surface or
well water for the primary source. If a surface or well source is not available, a single -point
connection to the culinary water system shall be required. If a single -point connection is utilized,
the developer will be responsible for the payment of assessments for the common areas prior to
prior to receiving development plan approval.
2.2.5 All existing structures that are required to be removed shall be prior to signature on the final plat
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 sei vice per
City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at
(208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic
purposes such as landscape irrigation if approved by Idaho Department of Water Resources
Contact Robert B. Whitney at (208)334-2190.
2.2.8 Any existing septic systems within this project shall be removed from service per City Ordinance
Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and
inspections (208)375-5211.
2.2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated,
fencing installed, drainage lots constructed, road base approved by the Ada County Highway
District and the Final Plat for this subdivision shall be recorded, prior to applying for building
permits.
2.2.10 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted
fencing, landscaping, amenities, etc., prior to signature on the final plat.
2.2.11 All development improvements, including but not limited to sewer and water, fencing, micro -
paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining
certificates of occupancy.
2.2.12 Applicant shall be required to pay Public Works development plan review, and construction
inspection fees, as determined during the plan review process, prior to the issuance of a plan
approval letter.
2.2.13 It shall be the responsibility of the applicant to ensure that all development features comply with
the Americans with Disabilities Act and the Fair Housing Act,
2.2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting
that may be required by the Army Corps of Engineers.
2.2.15 Developer shall coordinate mailbox locations with the Meridian Post Office.
2.2.16 All grading of the site shall be performed in confonnance 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.
Maddyn Village Subdivision — H-2016-0075 PAGE 18
EXHIBIT A
2.2.18 The engineer shall be required to certify that the street centerline elevations are set a minimum of
3 -feet above the highest established peak groundwater elevation. This is to ensure that the bottom
elevation of the crawl spaces of homes is at least 1 -foot above.
2.2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or
drainage facility within this project that do not fall under the jurisdiction of an irrigation district
or ACHD. The design engineer shall provide certification that the facilities have been installed in
accordance with the approved design plans. This certification will be required before a certificate
of occupancy is issued for any structures within the project.
2.2.20 At the completion of the project, the applicant shall be responsible to submit record drawings per
the City of Meridian AutoCAD standards. These record drawings must be received and approved
prior to the issuance of a certification of occupancy for any structures within the project.
2.2.21 100 Watt and 250 Watt, high-pressure sodium street lights shall be required on all public
roadways per the City of Meridian Improvement Standards for Street Lighting. All street lights
shall be installed at developer's expense. Final design shall be submitted as part of the
development plan set for approval, which must include the location of any existing street lights.
Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street
Lighting. A copy of the standards can be found on the city of meridian Public Works
Department's website at http://www.meridiancity,org/public_works.aspx?id=272. The
contractor's work and materials shall conform to the ISPWC and the City of Meridian
Supplemental Specifications to the ISPWC.
2.2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount
of 125% of the total construction cost for all incomplete sewer, water and reuse infrastructure
prior to final plat signature. This surety will be verified by a line item cost estimate provided by
the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash
deposit or bond. Applicant must file an application for surety, which can be found on the
Community Development Department website. Please contact Land Development Service for
more information at 887-2211.
2.2.23 The City of Meridian requires that the owner post to the City a warranty surety in the amount of
20% of the total construction cost for all completed sewer, water and reuse infrastructure for
duration of two years. This surety will be verified by a line item cost estimate provided by the
owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash
deposit or bond. Applicant must file an application for surety, which can be found on the
Community Development Department website. Please contact Land Development Service for
more information at 887-221.
3. POLICE DEPARTMENT
3.1 The Police Department has no comment on this application.
4. FIRE DEPARTMENT
2.1 One and two family dwellings not exceeding 3,600 square feet require a fire -flow of 1,000
gallons per minute for a duration of 2 hours to service the entire project. One and two family
dwellings in excess of 3,600 square feet require a minimum fire flow as specified in Appendix B
of the International Fire Code. Fire Hydrant spacing shall be provided as required by Appendix C
of the International Fire Code.
2.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department in accordance
with International Fire Code Section (IFC) 508.5.4 as follows:
a. Fire hydrants shall have the 4 '/z" outlet face the main street or parking lot drive aisle.
Maddyn Village Subdivision — H-2016-0075 PAGE 19
EXHIBIT A
b. Fire hydrants shall not face a street which does not have addresses on it.
c. Fire hydrant markers shall be provided per Public Works specifications.
d. Fire Hydrants shall be placed on corners when spacing permits.
e. Fire hydrants shall not have any vertical obstructions to outlets within 10'.
f. Fire hydrants shall be placed 18" above finished grade to the center of the 4'/2" outlets.
g. Fire hydrants shall be provided to meet the requirements of IFC Section 509.5.
h. Show all proposed or existing hydrants for all new construction or additions to existing
buildings within 1,000 feet of the project.
2.3 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.
2.4 All entrances, internal roads, drive aisles, and alleys shall have a turning radius of 28' inside and
48' outside, per International Fire Code Section 503.2.4.
2.5 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.
2.6 Private Alleys and. Fire Lanes shall have a 20' wide improved surface capable of supporting an
imposed load of 75,000 lbs. All roadways shall be marked in accordance with Appendix D
Section D103.6 Signs.
2.7 Provide signage ("No Parking Fire Lane") for all fire lanes in accordance with hitemational Fire
Code Sections 503.4 & D103.6.
2.8 Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set forth
in International Fire Code Section 304.1.2.
2.9 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.
2.10 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.
2.11 To increase emergency access to the site a -minimum of two points of access will be required for
any portion of the project which serves more than 30 homes, as set forth in International Fire
Code Section D107.1. The two entrances should be separated by no less than 1/2 the diagonal
measurement of the full development as set forth in International Fire Code Section D104.3. The
applicant shall provide a stub street to the property to the (west/east/north/south).
2.12 The fire department requests that any future signalization installed as the result of the
development of this project be equipped with Opticom sensors to ensure a safe and efficient
response by fire and emergency medical service vehicles. The cost of this installation is to be
borne by the developer. (National Fire Protection Std 1141 Section 5.2.11.1)
2.13 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
Maddyn Village Subdivision — H-2016-0075 PAGE 20
EXHIBIT A
5.1 All lots on common driveways need to get their carts to the street for trash piclaip.
6. PARKS DEPARTMENT
6.1 Developer shall coordinate with the City Arborist to facilitate mitigation for existing trees.
Contact Elroy Huff.
7. ADA COUNTY HIGHWAY DISTRICT
7.1 Site Specific Conditions of Approval
7.1.1 Constrict Springwater Street 140 -feet into the site to intersect Wrangler Street as 29 -foot street
section with curb, gutter, and 5 -foot wide attached concrete sidewalk within 42 -feet of right-of-
way.
7.1.2 Construct the internal streets as 29 -foot street sections with curb, gutter, and 5 -foot wide attached
concrete sidewalk within 42 -feet of right-of-way.
7.1.3 Provide written approval by the Meridian Fire Department for the reduced street sections.
7.1.4 Construct the curves connecting the internal streets with minimum 28 -foot inside curb radii.
7.1.5 Coordinate with ACHD to install "NO PARKING" signs along one -side of the street and as
specified by the Meridian Fire department.
7.1.6 Pay to ACHD the cost of submitting a change order for the design and construction of the
proposed 25 -foot wide curb return driveway prior to final plat approval.
7.1.7 Pave the driveway its full width and at least 30 -feet into the site from edge of pavement of the
roadway.
7.1.8 Other than the access onto N. Meridian Road, specifically approved with this application, direct
lot access is prohibited to Meridian Road and should be noted on the final plat.
7.1.9 Payment of impacts fees are due prior to issuance of a building permit.
7.1.10 Comply with all Standard Conditions of Approval.
7.2 Standard Conditions of Approval
7.2.1 All proposed irrigation facilities shall be located outside of the ACHD right-of-way (including all
easements). Any existing irrigation facilities shall be relocated outside of the ACHD right-of-way
(including all easements).
7.2.2 Private Utilities including sewer or water systems are prohibited from being located within the
ACHD right-of-way.
Maddyn Village Subdivision — H-2016-0075 PAGE 21
EXHIBIT A
7.2.3 In accordance with District policy, 7203.3, the applicant may be required to update any existing
non-compliant pedestrian improvements abutting the site to meet current Americans with
Disabilities Act (ADA) requirements. The applicant's engineer should provide documentation of
ADA compliance to District Development Review staff for review.
7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the
construction of the proposed development. Contact Construction Services at 387-6280 (with file
number) for details.
7.2.5 A license agreement and compliance with the District's Tree Planter policy is required for all
landscaping proposed within ACHD right-of-way or easement areas.
7.2.6 All utility relocation costs associated with improving street frontages abutting the site shall be
borne by the developer.
7.2.7 It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The
applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The
applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business days
prior to breaking ground within ACHD right-of-way. The applicant shall contact ACRD Traffic
Operations 387-6190 in the event any ACRD conduits (spare or filled) are compromised during
any phase of construction.
7.2.8 Utility street cuts in pavement less than five years old are not allowed unless approved in writing
by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for
details.
7.2.9 All design and construction shall be in accordance with the ACHD Policy Manual, ISPWC
Standards and approved supplements, Construction Services procedures and all applicable ACHD
Standards unless specifically waived herein. An engineer registered in the State of Idaho shall
prepare and certify all improvement plans.
7.2.10 Construction, use and property development shall be in conformance with all applicable
requirements of ACHD prior to District approval for occupancy.
7.2.11 No change in the terms and conditions of this approval shall be valid unless they are in writing
and signed by the applicant or the applicant's authorized representative and an authorized
representative of ACHD. The burden shall be upon the applicant to obtain written confirmation of
any change from ACHD.
7.2.12 If the site plan or use should change in the future, ACHD Planning Review will review the site
plan and may require additional improvements to the transportation system at that time. Any
change in the planned use of the property which is the subj ect of this application, shall require the
applicant to comply with ACHD Policy and Standard Conditions of Approval in place at that time
unless a waiver/variance of the requirements or other legal relief is granted by the ACHD
Commission.
Maddyn Village Subdivision — H-2016-0075 PAGE 22
EXHIBIT A
C. Legal Description & Exhibit Map for Annexation Boundary
August 1, 2016
DESCRIPTION FOR
MADDYN VILLAGE SUBDIVISION
R-15 ZONE
A portion of Lots 1 and 2, Block 1 of Strasser Farms Subdivision as is filed in Book 59 of
Plats at Page 5,761 records of Ada County, Idaho located in Government Lot 1, Section 1,
T.3N., RAW., B.M., Meridian, Ada County, Idaho more particularly described as follows:
Commencing at the NE comer of said Section 1 from which the E1/4 corner of said
Section 1 bears South 00°17'24" West, 2,658.38 feet;
Thence along the East boundary line of said Section 1 South 00°17'24° West 426.49
feet;
Thence leaving said East boundary line North 89°19'19' West, 40.00 feet to the NE
corner of said Lot 1, said point being the REAL POINT OF BEGINNING;
Thence along the East boundary line of said Lots 1 and 2 South 00°17'24" West, 506.97
feet to the SE comer of said Lot 2;
Thence along the South boundary line of said Lot 2 North 89°19'53" West, 375.89 feet;
Thence leaving said South boundary line North 00°35'19" East, 104.83 feet;
Thence South 89°5344" East, 57.80 feet;
Thence North 30°43'31" East, 48.13 feet;
Thence North 00°06'16" East, 36.13 feet;
Thence North 58°50'07" West, 143.81 feet;
Thence North 30°35'37" East, 36.62 feet;
Thence South 89°58'51" East, 192.50 feet;
Thence North 23°35'51" East, 45.20 feet;
Thence North 00°01'09" East, 59.50 feet;
Thence North 66°24'09" West, 94.32 feet;
Thence South 89°46'02" West, 22.03 feet;
1; Thence North 00"40'37" East, 79.39 feet to a point on the North boundary line of said Lot
Page 1 of 2
Thence along said North boundary line South 89"19'19" East, 296.24 feet to the REAL
POINT OF BEGINNING, Containing 3.63 acres, more or less.
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Maddyn Village Subdivision — H-2016-0075 PAGE 23
EXHIBIT A
August 1, 2016
DESCRIPTION FOR
MADDYN VILLAGE SUBDIVISION
R-8 ZONE
A portion of Lots 1 and 2, Block 1 of Strasser Farms Subdivision as is filed In Book 59 of
Plats at Page 5,761 records of Ada County, Idaho located in Government Lot 1, Section 1,
T.3N., RAW., B.M., Meridian, Ada County, Idaho more particularly described as follows:
Commencing at the NE corner of said Section 1 from which the E1l4 corner of said
Section 1 South 00'17'24" West, 2,658.38 feet;
Thence along the East boundary line of said Section 1 South 00°17'24' West 428.49
feet;
Thence leaving said East boundary line North 89°19'19' West, 40,00 feet to the NE
corner of sold Lot 1;
Thence along the North boundary line said Lot 1 North 89°19'19" West, 296.24 feet to
the REAL POINT OF BEGINNING;
Thence leaving said North boundary line South 00°40'37" West, 79.39 feet;
Thence North 89°46'02" East, 22.03 feet;
Thence South 66°24'09" East, 94.32 feet;
Thence South 00°01109" West, 59.50 feel;
Thence South 23°35'51" West, 45.20 feet;
Thence North 89°58'51" West, 192.50 feet;
Thence South 30°35'37" West, 36.62 feet;
Thence South 68°50'07" East, 143.81 feet;
Thence South 00°06'16" West, 36.13 feet;
Thence South 30°43'31" West, 48.13 feet;
Thence North 89°53144" West, 57.80 feet;
Lot 2; Thence South 00°35'19" West, 104.83 feet to a point on the South boundary line of said
Thence along said South boundary line North 89°19'53" West, 517.63 feet to the SW
corner of said Lot 2;
Page 1 of 2
Thence along said West boundary line of said Lots 2 and 1 North 00°17'24" East, 507,11
feet to the NW corner of said Lot 1;
Thence along said North boundary line of said Lot 1 South 69°19'19" East, 597,28 feel
to the REAL POINT OF BEGINNING. Containing 6.87 acres, more or less.
Maddyn Village Subdivision — H-2016-0075 PAGE 24
EXHIBIT A
STRASSER FARMS SUBDIVISION NO. 2
L-0
893.52'
597.28'
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1
79.39'
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1 STRASSER FARMS SUBDIVISION N89'46'02"E
1 BLOCK 1
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36.62'
N
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6.87 ACRES
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SECTION 1
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40.00'
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POINT OF BEGINNING .r
R-8 ZONEI
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REAL POINT o
OF BEGINNING/ � �
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SALSIBURY LANE SUBDIVISION
R-4
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SCALE: 1 " = 120'
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523'35'51 "W
45.20'
ZONE R-15
3.53 ACRES
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48.13' i
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EXHIBIT DRAWING FOR
R-8 AND R-15 ZONES
MADDYN VILLAGE SUBDIVISION
LOCATED IN DOVERNmENI LOT 1, SECTION 1. T.M.. RAW., 8,61„
WERIOIAN, ADA COUNTY, IDAIIO
Maddyn Village Subdivision — H-2016-0075 PAGE 25
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11/1/2015
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 10.4 acres of land, (6.9 acres with an R-8
zoning district and 3.5 acres with an R-15 zoning district) and develop 27 new single-family
residential homes two (2) existing single-family homes and 48 multi -family units on 10 lots.
Commission finds that the proposed map amendment complies with the provisions of the
Comprehensive Plan and should be compatible with adjacent residential uses (see section VII
above for more information).
b. The map amendment complies with the regulations outlined for the proposed district,
specifically the purpose statement;
Council finds that the proposed map amendment to the R-8 and R-15 zoning district is
consistent with the purpose statement for the residential districts as detailed in Section VIII
above.
c. The map amendment shall not be materially detrimental to the public health, safety,
and welfare;
Council finds that the proposed zoning map amendment will not be detrimental to the public
health, safety, or welfare. City utilities will be extended at the expense of the applicant.
The Council considers any oral or written testimony that may be provided when
determining this finding.
d. The map amendment shall not result in an adverse impact upon the delivery of services
by any political subdivision providing public services within the City including, but not
limited to, school districts; and,
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 I1 -513-3.E).
Council finds annexing this property with an R-8 and R-15 zoning district is in the best
interest of the City if the applicant revises the plat per staff'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 substantial compliance with the adopted
Comprehensive Plan in regard to land use, transportation, and circulation. Please see
Comprehensive Plan Policies and Goals, Section VII, of' the Staff Report for more
information.
Maddyn Village Subdivision — H-2016-0075 PAGE 26
EXHIBIT A
b. Public services are available or can be made available and are adequate to
accommodate the proposed development;
Council finds that public services will be provided to the subject property upon
development. (See Exhibit B of the Staff Report for more details from public service
providers.)
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;
The Council relies upon comments from the public service providers (i.e., Police, Fire,
ACRD, etc.) to determine this finding. (See Exhibit B for more detail.)
e. The development will not be detrimental to the public health, safety or general
welfare; and
Council is not aware of any health, safety, or environmental problems associated with the
platting of this property. ACHD considers road safety issues in their analysis. Council
considers any public testimony that may be presented when determining whether or not
the proposed subdivision may cause health, safety or environmental problems of which
Council is unaware.
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.
3. Conditional Use Permit Findings:
The Commission and Council shall review the particular facts and circumstances of
each proposed conditional use in terms of the following, and may approve a conditional
use permit if they shall find evidence presented at the hearing(s) is adequate to
establish:
a. That the site is large enough to accommodate the proposed use and meet all the
dimensional and development regulations in the district in which the use is located.
Council finds that if the site is designed in accord with the site plan in Exhibit A and the
conditions of approval in Exhibit B, the site will be large enough to accommodate the
proposed use and meet the dimensional and development regulations of the R-15 zoning
district and the specific use standards for multi -family developments.
b. That the proposed use will be harmonious with the Meridian Comprehensive Plan and
in accord with the requirements of this Title.
Council finds that the proposed multi -family residential use in the R-15 zone meets the
objectives of the Comprehensive Plan.
c. That the design, construction, operation and maintenance will be compatible with other
uses in the general neighborhood and with the existing or intended character of the
Maddyn Village Subdivision — H-2016-0075 PAGE 27
EXHIBIT A
general vicinity and that such use will not adversely change the essential character of
the same area.
Council finds that the general design, construction, operation and maintenance of the multi-
family use will be compatible with existing residential and future residential uses in the
vicinity and with the existing and intended character of the vicinity so as to not adversely
change the character of the area. Council considers any public testimony that may be
presented to determine whether or not the proposal will adversely affect the other properties
in the area.
d. That the proposed use, if it complies with all conditions of the approval imposed, will
not adversely affect other property in the vicinity.
Council finds that the proposed development should not adversely affect other property in the
vicinity if the applicant complies with all conditions of approval listed in Exhibit B of this
staff report and constructs all improvements and operates the use in accordance with the UDC
standards.
e. That the proposed use will be served adequately by essential public facilities and
services such as highways, streets, schools, parks, police and fire protection, drainage
structures, refuse disposal, water, and sewer.
Council finds that sanitary sewer, domestic water and irrigation can be made available to the
subject property. Please refer to comments prepared by the Public Works Department, Fire
Department, Police Department and other agencies.
f. That the proposed use will not create excessive additional costs for public facilities and
services and will not be detrimental to the economic welfare of the community.
Council finds that the applicant will pay to extend the sanitary sewer and water mains into the
site. No additional capital facility costs are expected from the City. The applicant and/or
future property owners will be required to pay impact fees.
g. That the proposed use will not involve activities or processes, materials, equipment and
conditions of operation that will be detrimental to any persons, property or the general
welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors.
Council finds that the proposed development should not involve activities that will create
nuisances that would be detrimental to the general welfare of the surrounding area.
Council recognizes the fact that traffic and noise will increase with the approval of this
development; however, whenever undeveloped property is developed, the amount of traffic
generation does increase.
h. That the proposed use will not result in the destruction, loss or damage of a natural,
scenic or historic feature considered to be of major importance.
Council finds that the proposed development will not result in the destruction, loss or damage
of any natural feature(s) of major importance. Council referenced any public testimony that
was presented when making the determination as to whether or not the proposed development
would destroy or damage a natural or scenic feature(s) of major importance of which Council
is unaware.
Maddyn Village Subdivision — H-2016-0075 PAGE 28