Movado Subdivision AZ PP H-2016-0112ADA COUNTY RECORDER Christopher D. Rich 2017-012608
BOISE IDAHO Pgs=60 LISA BATT 02/10/2017 09:46 AM
CITY OF MERIDIAN, IDAHO NO FEE
DEVELOPMENT AGREEMENT
PARTIES: 1, City of Meridian
2, C4 Land LLC, Owner
3. DevCo, LLC, Developer
THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into
this day of a wrY '203, 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 C4 Land LLC, whose address is 4824 W. Fairview Avenue, Boise,
Idaho 83706, hereinafter called OWNER and DevCo, LLC, whose address is 4824 W, Fairview
Avenue, Boise, Idaho 83706, hereinafter called DEVELOPER.
1, RECITALS:
1,1 WHEREAS, Owner is the sole owner, in law and/or equity, of certain tract
of land in the County of Ada, State of Idaho, described in Exhibit "A", which
is attached hereto and by this reference incorporated herein as if set forth in
full, herein after referred to as the Property; and
1,2 WHEREAS, Idaho Code § 67-6511 A provides that cities may, by ordinance,
require or permit as a condition of zoning that the Owners and/or Developer
make a written commitment concerning the use or development ofthe subject
Property; and
1.3 WHEREAS, City has exercised its statutory authority by the enactment of
Section 11-513-3 of the Unified Development Code ("UDC"), which
authorizes development agreements upon the annexation and/or re -zoning of
land; and
1,4 WHEREAS, Owner and/or Developer has submitted an application for the
annexation of approximately 102,69 acres of land from the RUT zoning
district in Ada County to the R-8 (Medium Density Residential)(58.64 acres)
and the R-15 (Medium High Density Residential)(44.05 acres) zoning
districts (as described in Exhibit "A"), under the Unified Development Code,
which generally describes how the Property will be developed and what
improvements will be made; and
1,5 WHEREAS, Owner and/or Developer made representations at the public
hearings both before the Meridian Planning & Zoning Commission and
DEVELOPMENT AGREEMENT—MOVADO ESTATES SUBDIVISION (H-2016-0112) PAGE 1 OF 9
before the Meridian City Council, as to how the Property will be developed
and what improvements will be made; and
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 3`d day of January, 2017, the Meridian City Council
approved certain Findings of Fact and Conclusions of Law and Decision and
Order ("Findings"), which have been incorporated into this Agreement and
attached as Exhibit "B"; and
1.8 WHEREAS, the Findings require the Owner and/or Developer to enter into a
Development Agreement before the City Council takes final action on final
plat; and
1.9 WHEREAS, Owner and/or Developer deems it to be in its best interest to be
able to enter into this Agreement and acknowledges that this Agreement was
entered into voluntarily and at its urging and request; and
1.10 WHEREAS, City requires the Owner and/or Developer to enter into a
development agreement for the purpose of ensuring that the Property is
developed and the subsequent use of the Property is in accordance with the
terms and conditions of this Agreement, herein being established as a result
of evidence received by the City in the proceedings for zoning designation
from government subdivisions providing services within the planning
jurisdiction and from affected property owners and to ensure zoning
designation are in accordance with the amended Comprehensive Plan of the
City of Meridian on October 11, 2016, Resolution No. 16-1173, and the
UDC, Title 11.
NOW, THEREFORE, in consideration of the covenants and conditions set forth
herein, the parties agree as follows:
2. INCORPORATION OF RECITALS: That the above recitals are contractual and
binding and are incorporated herein as if set forth in full.
3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and
phrases herein contained in this section shall be defined and interpreted as herein provided for,
unless the clear context of the presentation of the same requires otherwise:
3.1 CITY: means and refers to the City of Meridian, a party to this Agreement,
which is a municipal Corporation and government subdivision of the state of
DEVELOPMENT AGREEMENT -MOVADo ESTATES SUBDIVISION (H-2016-0112 PAGE 2 OF 9
Idaho, organized and existing by virtue of law of the State of Idaho, whose
address is 33 East Broadway Avenue, Meridian, Idaho 83642.
3.2 OWNER: means and refers to C4 Land LLC, whose address is 4824 W.
Fairview Avenue, Boise, Idaho 83706, the party that owns said Property and
shall include any subsequent owner(s) of the Property.
3.3 DEVELOPER: means and refers to DevCo, LLC, whose address is 4824 W.
Fairview Avenue, Boise, Idaho 83706, the party that is developing said
Property and shall include any subsequent developer(s) of the Property.
3.4 PROPERTY: means and refers to that certain parcel(s) of Property located
in the County of Ada, City of Meridian as described in Exhibit "A"
describing the parcels to be re -zoned Medium Density Residential (R-8) and
Medium High Density Residential (R-15) zoning districts and attached
hereto and by this reference incorporated herein as if set forth at length.
4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the
right to develop the Property in accordance with the terms and conditions of this Agreement.
4.1 The uses allowed pursuant to this Agreement are only those uses allowed
under the UDC.
4.2 No change in the uses specified in this Agreement shall be allowed without
modification of this Agreement.
5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY:
5.1. Owner and/or Developer shall develop the Property in accordance with the
following special conditions:
a. Future development of this site shall be consistent with the preliminary plat, landscape
plan and building elevations attached in Exhibit A of the attached Findings of Fact and
Conclusions of Law as "Exhibit B", and the revisions noted in the staff report. The 11.56
acres of land not included in the original application shall be included in the annexation
and shall be included as part of the preliminary plat. Ten (10) days prior to the City
Council hearing, the applicant shall provide a revised legal description that includes those
11.56 acres of land not shown in the original application.
b. All existing structures on the property shall be removed prior to the City's Engineer's
signature on the final plat.
c. Applicant shall construct the pedestrian crossing over the Ridenbaugh Canal with
Phase 5A as shown on Phasing Plan dated 09/07/2016.
d. Two (2) of the common driveways included in the plat are also being used as
emergency access for the fire department (Lots 71, 72 and 73 and Lots 48, 49 and 50,
DEVELOPMENT AGREEMENT -MOVADo ESTATES SUBDIVISION (H-2016-0112) PAGE 3 OF 9
Block 2). These two (2) common driveways shall be striped and signed as "No
Parking."
e. The applicant shall construct an additional portion of 10 -foot multi use pathway
starting from the southwest corner of the property where Copper Point Way connects
to the property and travels west adjacent to lots 89, 87, 84 of Block 2; then traveling
north along Rolling Hills Avenue where it will then cross East Pewter Falls Drive;
and continuing north adjacent to lot 20 of Block 1 where it will connect with the
Regional Pathway on the south side of Eight Mile (Five Mile) Creek.
f. The applicant shall comply with the submitted home elevations attached in Exhibit
A.5 of the attached Findings of Fact and Conclusions of Law "Exhibit B". The rear
and/or side of structures that face E. Cloverdale Road (Lots 25-31, Block 2) shall
incorporate articulation through changes in two or more of the following: modulation
(e.g. — projections, recesses, step -backs, pop -outs), bays, banding, porches, balconies,
material types or other integrated architectural elements to break up monotonous wall
planes and roof lines that are visible from the subject public street. Single -story
structures are exempt from this requirement.
g. The applicant shall obtain a waiver from City Council to UDC 11 -3A -6A in order for
the Eight Mile Creek and Ridenbaugh Canal to remain open and not be piped due to
the large capacity of their facilities. If a waiver is not obtained, the waterlvay is
required to be piped.
h. The 35 foot landscape buffer along W. Overland Road and the 20 foot landscape
buffer along S. Movado Way must be constructed with the first phase of development.
i. Construct the entire landscape buffer along W. Overland Road, including replacing
the existing gravel with vegetation in accord with UDC 11 -3B -7C;
j. The applicant shall construct the entry gatehouse and monuments as proposed.
6. COMPLIANCE PERIOD This Agreement must be fully executed within six (6)
months after the date of the Findings for the annexation and zoning or it is null and void.
7. DEFAULT/CONSENT TO DE -ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
7.1 Acts of Default. Either party's failure to faithfully comply with all of the
terms and conditions included in this Agreement shall constitute default
under this Agreement.
7.2 Notice and Cure Period. In the event of Owner and/or Developer's default
of this Agreement, Owner and/or Developer shall have thirty (30) days from
receipt of written notice from City to initiate commencement of action to
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
DEVELOPMENT AGREEMENT -MOVADO ESTATES SUBDIVISION (H-2016-0112 PAGE 4 OF 9
to cure such failure may be extended for such period as may be necessary to
complete the curing of the same with diligence and continuity.
7.3 Remedies. In the event of default by Owner and/or Developer that is not
cured after notice as described in Section 7.2, Owners and/or Developer shall
be deemed to have consented to modification of this Agreement and de -
annexation and reversal of the zoning designations described herein, solely
against the offending portion of Property and upon City's compliance with all
applicable laws, ordinances and rules, including any applicable provisions of
Idaho Code §§ 67-6509 and 67-6511. Owner and/or Developer reserve all
rights to contest whether a default has occurred. This Agreement shall be
enforceable in the Fourth Judicial District Court in Ada County by either City
or Owner and/or Developer, or by any successor or successors in title or by
the assigns of the parties hereto. Enforcement may be sought by an
appropriate action at law or in equity to secure the specific performance of
the covenants, agreements, conditions, and obligations contained herein.
7.4 Delay. In the event the performance of any covenant to be performed
hereunder by either Owner and/or Developer or City is delayed for causes that
are beyond the reasonable control of the party responsible for such
performance, which shall include, without limitation, acts of civil
disobedience, strikes or similar causes, the time for such performance shall be
extended by the amount of time of such delay.
7.5 Waiver. A waiver by City of any default by Owner and/or Developer of any
one or more of the covenants or conditions hereof shall apply solely to the
default and defaults waived and shall neither bar any other rights or remedies
of City nor apply to any subsequent default of any such or other covenants
and conditions.
8. INSPECTION: Owner and/or Developer shall, immediately upon completion of
any portion or the entirety of said development of the Property as required by this Agreement or by
City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and
written approval of such completed improvements or portion thereof in accordance with the terms
and conditions of this Agreement and all other ordinances of the City that apply to said Property.
9. REQUIREMENT FOR RECORDATION: City shall record this Agreement,
including all of the Exhibits, and submit proof of such recording to Owner and/or Developer, prior to
the third reading of the Meridian Zoning Ordinance in connection with the re -zoning of the Property
by the City Council. If for any reason after such recordation, the City Council fails to adopt the
ordinance in connection with the annexation and zoning of the Property contemplated hereby, the
City shall execute and record an appropriate instrument of release of this Agreement.
10. ZONING: City shall, following recordation of the duly approved Agreement, enact a
valid and binding ordinance zoning the Property as specified herein.
DEVELOPMENT AGREEMENT -MOVADO ESTATES SUBDIVISION (H-2016-0112 PAGE 5 OF 9
11. SURETY OF PERFORMANCE: The City may also require surety bonds,
irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under the
UDC, to insure the installation of required improvements, which the Owner and/or Developer agree
to provide, if required by the City.
12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued
in any phase in which the improvements have not been installed, completed, and accepted by the
City, or sufficient surety of performance is provided by Owner and/or Developer to the City in
accordance with Paragraph 11 above.
13. ABIDE BY ALL CITY ORDINANCES: That Owner and/or Developer agree to
abide by all ordinances of the City of Meridian unless otherwise provided by this Agreement.
14. NOTICES: Any notice desired by the parties and/or required by this Agreement
shall be deemed delivered if and when personally delivered or three (3) days after deposit in the
United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed
as follows:
CITY:
City Clerk
City of Meridian
33 E. Broadway Ave.
Meridian, Idaho 83642
OWNER:
C4 Land LLC
4824 W. Fairview Avenue
Boise, ID 83706
with copy to:
City Attorney
City of Meridian
33 E. Broadway Avenue
Meridian, ID 83642
DEVELOPER:
DevCo, LLC
4824 W. Fairview Avenue
Boise, ID 83706
14.1 A party shall have the right to change its address by delivering to the other
party a written notification thereof in accordance with the requirements of this section.
15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto
concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as
may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent
jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall
survive any default, termination or forfeiture of this Agreement.
16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time
is strictly of the essence with respect to each and every term, condition and provision hereof, and that
the failure to timely perform any of the obligations hereunder shall constitute a breach of and a
default under this Agreement by the other party so failing to perform.
DEVELOPMENT AGREEMENT -MOVADO ESTATES SUBDIVISION (H-2016-0112) PAGE 6 OF 9
17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure
to the benefit of the parties' respective heirs, successors, assigns and personal representatives,
including City's corporate authorities and their successors in office. This Agreement shall be
binding on the Owner and/or Developer, each subsequent owner and any other person acquiring an
interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or
portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any
successor owner or owners shall be both benefited and bound by the conditions and restrictions
herein expressed. City agrees, upon written request of Owner and/or Developer, to execute
appropriate and recordable evidence of termination of this Agreement if City, in its sole and
reasonable discretion, had determined that Owner and/or Developer have fully performed their
obligations under this Agreement.
18. INVALID PROVISION: If any provision of this Agreement is held not valid by a
court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement
and the invalidity thereof shall not affect any of the other provisions contained herein.
19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided, each party
shall act reasonably in giving any consent, approval, or taking any other action under this Agreement.
20. COOPERATION OF THE PARTIES: In the event of any legal or equitable action
or other proceeding instituted by any third party (including a governmental entity or official)
challenging the validity of any provision in this Agreement, the parties agree to cooperate in
defending such action or proceeding.
21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements,
agreements, condition and understandings between Owner and/or Developer and City relative to the
subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral
or written, express or implied, between Owner and/or Developer and City, other than as are stated
herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or
addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and
signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a
duly adopted ordinance or resolution of City.
21.1 No condition governing the uses and/or conditions governing re -zoning of the subject
Property herein provided for can be modified or amended without the approval of the
City Council after the City has conducted public hearing(s) in accordance with the
notice provisions provided for a zoning designation and/or amendment in force at the
time of the proposed amendment.
22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the
date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in
connection with the annexation and zoning of the Property and execution of the Mayor and City
Clerk.
[end of text; signatures, acknowledgements, and Exhibits A and B follow]
DEVELOPMENT AGREEMENT -MOVADO ESTATES SUBDIVISION (H-2016-0112 PAGE 7 OF 9
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement and made
it effective as hereinabove provided.
OWNER:
C4 Land LLC
By;
_ 414 6�. /
Printed ame: Ji Conger
its: Member
DEVELOPER:
DevCO, LLC.
By: _ 4A
Printed Name; J M
Conger
Its: Member
ATTEST:
C.Ja Coles, ity Clerk
CITY OF MERIDIAN
G
N
By:
")l Mayor Tamm e Weerd
DEVELOPMENT AGREEMENT— MOVADO ESTATES SUBDIVISION (H-2016-0112) PAGE 8 OF 9
STATE OF IDAHO
ss:
County of Ada, )
On this
/T11, day of ibivarL, 2017, before me, the undersigned, a Notary Public in and for said State,
personally appeared h rig 6—f' e'- , known or identified to me to be the --1 qt -c be ✓'
of C4 Land LLC, and acknowledged to me that he executed the same on behalf of said Corporation.
IN WITNESS WHERf,60', g4rwp, hereunto set my hand and affixed my official seal the day and year in this
certificate first above writtV.**;Nv, os' �..
d p° SOT A R
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(SEAL) y ... c ; ,L L to
�s g u Notary Public for Idaho
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(P1'°'°°°a° My Commission Expires: ZG 4'
STATE OF IDAHO
. ss:
County of Ada, )
On this / I' day of t 2017, before me, the undersigned, a Notary Public in and for said State,
personally appeared known or identified to me to be the
of DevCo, LLC, and acknowledged to me that lie executed the same on behalf of said Corporation.
9f&®9ti8c
IN WITNESS WHERIW'V,,kt i vejffl°ehlnto set my hand and affixed my official seal the day and year in this
certificate first above written .++ p °4°@' ° tn "
�l r
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(HEAL)
°; ap "tj n t. t Notary Public for Idaho
Residing at: >
a�rfl'. t, LP �,+ My Commission Expires: '.�1 9
Y4 iQk 5e 56if sua96i
STATE OF IDAHO
ss
County of Ada )
On this day of �V`til0-1^ 2017, before me, a Notary Public, personally appeared
Tammy de Weerd and C.Jay Coles, know or identified to me to be the Mayor and Clerk, respectively, of the City of
Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and
acknowledged to me that such City executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this
certificate first above wriltgi•....••
MA •.
(SEAL) ; �; _ ;; Notary Public Idahof ` nn
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DEVELOPMENT AGREEMENT @MVVXDO ESTATES SUBDIVISION (H-2016-0112) PAGE 9 Or 9
EXHIBIT A
g,� Sawtooth Land Surveying, LLC
P: (208) 398-8104 F: (208) 398-8105
2030 S. Washington Ave., Emmett, iD 53E 17
January26, 2017
Movado Development Agreement Legal Description
Basis of Bearings for this legal description is South 89113'35" East, between the brass cap
marking the N1/4 corner of Section 21, and the aluminum cap marking the northeast corner of
Section 21, both in T. 3 N., R. 1 E., B.M., City of Meridian, Ada County, Idaho.
A parcel of land located in the NE1/4 and the SE1/4 of Section 21, T. 3 N,, R. 1 E., B.M., within
the City of Meridian, Ada County, Idaho, more particularly described as follows;
COMMENCING at a found brass cap marking the N1/4 corner of Section 21;
Thence South 89013'35" East, coincident with the north Line of the NEI/4 of said Section 21, a
distance of 703.00 feet to the POINT OF BEGINNING;
Thence continuing South 89113'35" East, coincident with said north line of the NE1/4 of
Section 21, a distance of 635.43 feet to the E1/16 corner common to Sections 16 and 21;
Thence South 0024'28" West, coincident with the west line of the E1/2 of the NE1/4 of said
Section 21, a distance of 794.28 feet;
Thence South 89013'17" East, 187.44 feet to the westerly line of Cloverdale West Subdivision
as shown on file in Book 39 of Plats at Page 3260, Ada County Records;
Thence South 7022'14" East, 69.14 feet to the southwest corner of said Cloverdale West
Subdivision and the northwest corner of Crawford Place Subdivision as shown on file in Book
79 of Plats at Page 8411, Ada County Records;
Thence South 7021'57" East, coincident with the westerly boundary of said Crawford Place
Subdivision, 173.00 feet;
Thence South 271106'57" East, coincident with the westerly boundary of said Crawford Place
Subdivision, 100.00 feet;
Thence South 45021'57" East, coincident with the westerly boundary of said Crawford Place
Subdivision, 550.00 feet;
Thence South 54006'57" East, coincident with the westerly boundary of said Crawford Place
Subdivision, 822.94 feet to the east line of said NE1/4 of said Section 21;
P:\2015k15071-CMG-B1ENAPFL COMMUNITY MOVADO1Drawings\Descriptions\MOVADO DEVELOPMENT
AGREEMENT LEGAL.docx
Page 11
Thence South 0°37'54" West, coincident with said east line of the NEI/4 of Section 21, a
distance of 684.48 feet to a found aluminum cap marking the E1/4 corner of said Section 21;
Thence North 89°08'03" West, coincident with the south line of said NE1/4 of Section 21, and
the northerly line of Muir Woods Subdivision No. 1, as shown on file in Book 80 of Plats at
Page 8553, Ada County Records, 209.88 feet to the centerline of the Ridenbaugh Canal;
Thence South 39051'57" West, coincident with said northerly line of Muir Woods Subdivision
No. 1, and the centerline of said Ridenbaugh Canal, 253.25 feet;
Thence South 65004'09" West, coincident with said northerly line of Muir Woods Subdivision
No. 1, and the centerline of said Ridenbaugh Canal, 100,00 feet;
Thence North 84°03'21" West, coincident with said northerly line of Muir Woods Subdivision
No. 1, and the centerline of said Ridenbaugh Canal, 1035.19 feet;
Thence South 89028'30" West, coincident with said northerly line of Muir Woods Subdivision
No. 1, and the centerline of said Ridenbaugh Canal, 136.02 feet to the northwest corner of said
Muir Woods Subdivision and the northeast comer of Southerland Farm Subdivision No. 5, as
shown on file in Book 94 of Plats at Page 11433, Ada County Records;
Thence continuing South 891128'30" West, coincident with the northerly boundary of said
Southerland Farm Subdivision No. 5 and the centerline of said Ridenbaugh Canal, 51.07 feet;
Thence leaving said centerline of the Ridenbaugh Canal, South 0055'40" West, coincident with
said northerly boundary of Southerland Farm Subdivision No. 5, a distance of 20.23 feet;
Thence North 89110'02" West, coincident with said northerly boundary of Southerland Farm
Subdivision No. 5, a distance of 976.67 feet to the westerly line of the NW1/4 of the SEI/4 of
Section 21;
Thence North 0112'27" East, coincident with said westerly line of the NW1/4 of the SE114 of
Section 21, a distance of 174.05 feet to the C1/4 corner of said Section 21;
Thence North 0°11'04" East, coincident with the westerly line of said NEI/4 of Section 21, a
distance of 1764.19 feet;
Thence South 89013'17" East, 703.00 feet;
Thence North 0111'04" East, parallel with said westerly line of the NEI/4 of Section 21, a
distance of 592.99 feet to the POINT OF BEGINNING;
The above described parcel contains 114.25 acres more or less.
,4d
iNS
End Description \` ����Z�%
P:12015115071-CMG-BIENAPFL COMM UNI - in DescriptionsWOVADO DEVELOPMENT
AGREEMENT LEGAL.docx '��C PORE
Page 12
EXHIBIT
MOVADO DEVELOPMENT AGREEMENT
SECTION 21, T. 3 N., R. 1 E., B.M.
BASIS OF BEARINGS
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203DS. WASHINGTON AVE.
MOVADO DEVELOPMENT EMMETT, ID 83617 15071
AGREEMENT DEVCO LLC. P: (208) 398-8104 PROJECT#
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DATE. Q1I2017 ; r"F"' WWW.SAWTOOTHLS.COM 10F1
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). H-2016-0112
1 -
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND
DECISION & ORDER
In the Matter of the Request for Annexation and Zoning of 102.69 acres of land from RUT in Ada County
to the R-8 zoning district (58.64) and R-15 zoning district (44.05); and Preliminary Plat Consisting of 430
single-family residential building lots and 39 common lots on 102.69 acres of land for Movado Estates
Subdivision located on the south side of E. Overland Road between S. Topaz Way and S. Cloverdale
Road, in the NE ¼ of Section 21, Township 3 North, Range 1 East (Parcel S1121131500 and
S1121141800), by DevCo, LLC.
Case No(s). H-2016-0112
For the City Council Hearing Date of: December 20, 2016 (Findings on January 3, 2017)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of December 20, 2016, incorporated
by reference)
2. Process Facts (see attached Staff Report for the hearing date of December 20, 2016, incorporated
by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of December 20,
2016, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of December 20, 2016, incorporated by reference)
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the “Local Land Use
Planning Act of 1975,” codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503).
2. The Meridian City Council takes judicial notice of its Unified Development Code codified at
Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by
ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of
Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A.
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not impose
expense upon the public if the attached conditions of approval are imposed.
EXHIBIT B
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). H-2016-0112
2 -
6. That the City has granted an order of approval of the annexation and zoning request in
accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a
copy served by the Clerk upon the applicant, the Planning Department, the Public Works
Department and any affected party requesting notice.
7. That this annexation approval is subject to a development agreement containing the provisions in
the attached Staff Report for the hearing date of October 18, 2016, incorporated by reference.
C. Decision and Order
Pursuant to the City Council’s authority as provided in Meridian City Code § 11-5A and based upon
the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that:
1. The applicant’s request for annexation and zoning was approved with an R-8 and R-15 zoning
districts with the requirement of a Development Agreement with the provisions noted in the
Staff Report for the hearing date of December 20, 2016, attached as Exhibit A.
2. The applicant’s request for a preliminary plat is hereby approved based on the findings in the
Staff Report for the hearing date of December 20, 2016, attached as Exhibit A.
D. Notice of Applicable Time Limits
Notice of Six (6) Month Development Agreement Duration
The development agreement shall be signed by the property owner and returned to the City
within six (6) months of the City Council granting annexation and/or rezone (UDC 11-5B-3D).
A modification to the development agreement may be initiated prior to signature of the
agreement by all parties and/or may be requested to extend the time allowed for the agreement
to be signed and returned to the City if filed prior to the end of the six (6) month approval
period (UDC 11-5B-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 December 20, 2016
By action of the City Council at its regular meeting held on the
ly/
65.
A17
COUNCIL VICE PRESIDENT JOE BORTON
COUNCIL MEMBER ANNE LITTLE ROBERTS
COUNCIL MEMBER TY PALMER
COUNCIL MEMBER LUKE CAVENER
3 day of
VOTED
VOTED
VOTED —
VOTED 4
VOTED
COUNCIL MEMBER GENESIS MILAM VOTED
MAYOR TAMMY de WEERD VOTED
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Mayor Tai de Weerd
Attest:
C Jay C0
City Clerk
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Copy served upon Applicant, The Planning Division, Public Works Department and City Attorney.
By: WE Dated:
City Clerk's Office
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). H-2016-0112
3-
Exhibit A
Movado Estates Subdivision AZ, PP (H-2016-0112) PAGE 1
STAFF REPORT
HEARING DATE: December 20, 2016
TO: Mayor & City Council
FROM: Josh Beach, Associate City Planner
208-884-5533
Bruce Freckleton, Development Services Manager
208-887-2211
SUBJECT: Movado Estates Subdivision - H-2016-0112
I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST
The applicant, DevCo, LLC, has submitted an application for annexation and zoning (AZ), and
preliminary plat (PP) for Movado Estates Subdivision.
The applicant proposes to annex and zone 102.69 acres of land from RUT in Ada County to the R-8
zoning district (58.64) and R-15 zoning district (44.05).
The applicant also proposes a preliminary plat consisting of 430 single-family residential lots and 39
common lots and 9 other lots on approximately 102.69 acres in the R-8 and R-15 zoning districts.
NOTE: Since the application was submitted to the City, the applicant finalized a property
boundary adjustment with the County which altered the configuration of the property. The
resulting properties have revised staff’s recommendations to include the northern portion of the
property in the annexation and preliminary plat.
II. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed AZ & PP based on the Findings of Fact and Conclusions
of Law in Exhibit D of this report.
The Meridian Planning & Zoning Commission heard these items on October 20, 2016. At the
public hearing, the Commission moved to recommend approval of the subject AZ and PP
requests.
a. Summary of Commission Public Hearing:
i. In favor: Jim Conger, Applicant
ii. In opposition: Lee Coulson, Mark Taylor, Dale Eldridge, Guy Beedle, Elvira Vansickel,
Ross Boyack
iii. Commenting: Lee Coulson, Mark Taylor, Dale Eldridge, Guy Beedle, Elvira Vansickle,
Ross Boyack
iv. Written testimony: None
v. Staff presenting application: Josh Beach
vi. Other staff commenting on application: Bill Parsons
b. Key issue(s) of Public Testimony:
i. Increased traffic through the Muir Woods and Sutherland Farm Subdivision as a result
of this proposed subdivision
ii. The number of lots against existing homes
iii. Potential for a continued pathway along the Ridenbaugh Canal
iv. Lack of direct subdivision access to Cloverdale Road
c. Key Issues of Discussion by Commission:
i. Potential for continued pathway along the Ridenbaugh Canal
Exhibit A
Movado Estates Subdivision AZ, PP (H-2016-0112) PAGE 2
ii. Timing of the pedestrian bridge over the Ridenabugh
iii. Potential for a direct access to Cloverdale
iv. 105 units in the gated portion versus the 100 that is allowed per code
d. Commission Change(s) to Staff Recommendation:
i. Modify condition 1.1.2(C) to read as follows: “The applicant shall be allowed to have
105 units within “The Village Cottages” portion of the subdivision, rather than the 100
that would otherwise be allowed by section 11-3F-4A.4 of the UDC.”
ii. Modify condition 1.1.1 c to read as follows: – Applicant shall construct the pedestrian
crossing over the Ridenbaugh Canal with Phase 5A as shown on Phasing Plan dated
09/07/2016.
iii. Remove conditions 1.1.1 e and 1.1.2 d
iv. Modify condition 1.1.1 f to read as follows: – The applicant shall construct an additional
portion of 10-foot multi use pathway starting from the southwest corner of the property
where Copper Point Way connects to the property and travels west adjacent to lots 89,
87, 84 of Block 2; then traveling north along Rolling Hills Avenue where it will then
cross East Pewter Falls Drive; and continuing north adjacent to lot 20 of Block 1 where
it will connect with the Regional Pathway on the south side of Eight Mile (Five Mile)
Creek.
v. Remove condition 1.1.2 c
vi. Modify condition 1.1.3. a to read as follows: – Ridenbaugh Canal is required to be
fenced with an open vision fence at least 6 feet in height and having an 11-guage, 2-inch
mesh or other construction, equivalent in ability to deter access to the waterway in
accord with UDC 11-3A-6B.
vii. Modufy condition 1.1.5 to read as follows: – A minimum 5-foot wide detached sidewalk
shall be constructed along Cloverdale Road where none exists with phase 5A of the
development and to coordinate with Nampa-Meridian Irrigation District and ACHD
relocation of the Ridenbaugh Canal and Cloverdale Road improvements.
e. Outstanding Issue(s) for City Council:
i. The applicant requests to leave the Eight Mile Creek open. This requires Council
approval.
The Meridian City Council heard this item on December 20, 2016. At the public hearings, the
Council moved to approve the AZ and PP requests.
a. Summary of City Council Public Hearing:
i. In favor: Jim Conger
ii. In opposition: Lee Coulson, Vern Williams, Terrell Williams, Jason Attinger,
iii. Commenting: Dale Eldridge, Vern Williams, Terrell Williams, Jason Attinger,
iv. Written testimony: None
v. Staff presenting application: Josh Beach
vi. Other staff commenting on application: None
b. Key Issues of Discussion by Council:
i. Why ACHD has not required a direct street connection to Cloverdale Road.
ii. The increased vehicular traffic through existing subdivisions specifically to get children
to the school on the east side of Cloverdale.
iii. The number of increased trips though the existing Muir Woods Subdivision.
iv. Whether the applicant will be reimbursed for realigning of the canal.
Exhibit A
Movado Estates Subdivision AZ, PP (H-2016-0112) PAGE 3
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to recommend approval of File
Number H-2016-0112, as presented in the staff report for the hearing date of November 17, 2016,
with the following modifications: (Add any proposed modifications.)
Denial
After considering all staff, applicant and public testimony, I move to recommend denial of File
Number H-2016-0112, as presented during the hearing on November 17, 2016, for the following
reasons: (You should state specific reasons for denial.)
Continuance
I move to continue File Number H-2016-0112 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 on the south side of E. Overland Road between S. Topaz Way and S.
Cloverdale Road, in the NE ¼ of Section 21, Township 3 North, Range 1 East (Parcel
S1121131500 and S1121141800).
A. Applicant:
DevCo, LLC
4824 W. Fairview Ave.
Boise, ID 83706
C. Owner:
William P. Bienapfl Jr.
2674 S. Andros
Meridian, ID 83642
D. Representative:
Conger Management Group
4824 W. Fairview Avenue
Boise, ID 83706
E. Applicant's Statement/Justification: Please see applicant’s narrative for this information.
V. PROCESS FACTS
A. The subject application is for annexation and zoning, preliminary plat, alternative compliance and
a private street. A public hearing is required before the Planning and Zoning Commission and
City Council on the annexation and preliminary plat and c the Director is the decision maker on
the alternative compliance and private street request, consistent with Meridian City Code Title 11,
Chapter 5.B. Newspaper notifications published on: October 24 and November 14, 2016
C. Radius notices mailed to properties within 300 feet on: October 20, 2016
D. Applicant posted notice on site(s) on: November 4, 2016
VI. LAND USE
A. Existing Land Use(s): The site consists of a county residence and agricultural land, zoned RUT
Exhibit A
Movado Estates Subdivision AZ, PP (H-2016-0112) PAGE 4
Ada County).
B. Character of Surrounding Area and Adjacent Land Use and Zoning:
1. North: E. Overland Road and single family homes in Rolling Hills Subdivision, zoned R1 in
Ada County
2. East: Commercial property, zoned RUT in Ada County
3. South: Single family homes in the Muir Woods Subdivision, zoned R-1B in Boise and
Sutherland Farm Subdivision, zoned R-4.
4. West: Commercial property in the Silverstone Business Park, zoned C-G
History of Previous None
C. Utilities:
1. Public Works:
a. Location of sewer: Sanitary sewer mains intended to provide service to the subject site
currently exists in E. Overland Road and adjacent to the west in the Silverstone Campus
Subdivision.
b. Location of water: Water mains intended to provide service to the subject site currently
exist in E. Overland Road and adjacent to the west in the Silverstone Campus
Subdivision.
c. Issues or concerns: None
D. Physical Features:
1. Canals/Ditches Irrigation: Eight Mile Creek traverses through the central portion of the
property and the Ridenbaugh Canal runs along the southern border of the property.
2. Hazards: Staff is not aware of any hazards that exist on this site.
3. Flood Plain: A portion of the property lies within the flood plain.
VII. COMPREHENSIVE PLAN
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). Earlier this year, the Comprehensive Plan future land use map was amended to MU-R
along the Overland Road frontage of this property. As part of that application, a concept plan was
submitted and approved. (See Exhibit A.6)
Exhibit A
Movado Estates Subdivision AZ, PP (H-2016-0112) PAGE 5
The applicant proposes to develop this site with a mix of residential uses (single family detached,
attached and a gated age restricted community) consisting of 430 single-family residential structures.
The structures will be a mix of attached and detached single-family residential homes. The project
will have a gross density of 4.19 dwelling units per acre (d.u./acre) and a net density of 5.59 d.u./acre,
which is consistent with the density desired in MDR designated areas. Staff is also requiring that the
applicant include the approximately 11.56 acre portion along Overland Road as part of this
annexation and preliminary plat. The subject property is designated as Mixed-Use Regional on the
Comprehensive Plan Future Land Use Map. As mentioned abopve, the applicant has submitted a
concept plan.
The applicant shall provide a revised annexation boundary that includes the area along Overland
Road prior to the City Council hearing.
Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to
the proposed use (staff analysis in italics ):
Support a variety of residential categories (low-, medium-, medium-high
and high-density single-family, multi-family, townhouses, duplexes,
apartments, condominiums, etc.) for the purpose of providing the City
with a range of affordable housing opportunities.” (3.07.01E)
The proposed single-family attached and detached dwellings will contribute to the variety of
housing types available within the City. In addition to those uses proposed ofr this site, the
Silverstone Apartments (a multi-family residential project) has been approved just to the
north of this project along Overland Road.
Permit new development only where urban services can be reasonably provided at the time
of final approval and development is contiguous to the City.” (3.01.01F)
City services are available and will be extended by the developer to the proposed lots upon
development of the site in accord with UDC 11-3A-21.
Require common area in all subdivisions.” (3.07.02F)
The proposed plat depicts a total of 15.41 acres (or 15%) of qualified open space in accord
with the requirements listed in UDC11-3G-3.
Implement the City’s Pathways Master Plan.” (5.03.01A)
A segment of the City’s multi-use pathway system is designated on the Master Pathways Plan
on this site along the south side of the Eight Mile Creek. This segment of the pathway must be
10 feet wide and will be required to be paved in accord with UDC 11-3A-8 and landscaped in
accord with UDC 11-3B-12.
Review new development for appropriate opportunities to connect local roads and collectors
to adjacent properties (stub streets). (3.03.020)
The applicant proposes to connect to two (2) existing stub streets. Both stub streets are on the
west side of the property, E. Copper Point Drive and E. Pewter Falls Street.
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 will construct the 10-foot multi-use pathway along the south side of the Eight
Mile Creek. The applicant is also proposing to connect the 10-foot multi use pathway to a
proposed 5 foot wide attached sidewalk along N. Cloverdale Road. The applicant is also
proposing 5-foot attached internal sidewalks that will connect to the previously mentioned
existing stub streets.
Exhibit A
Movado Estates Subdivision AZ, PP (H-2016-0112) PAGE 6
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 W. Overland Road as well as two stub streets
on the west boundary.
Require new residential development to meet development standards regarding landscaping,
signage, fences and walls, etc.” (3.05.02C)
Street buffer landscaping is required adjacent to E. Overland Road and S. Cloverdale Road
in accord with the standards listed in UDC 11-3B-7C. Separate permits shall be obtained for
signage and fencing in compliance with the standards listed in UDC 11-3D-5 and 11-3A-7C
respectively.
Coordinate with public works, police, and fire departments on proposed annexation and
development requests, and the impacts on services.” (3.04.01H)
Staff has coordinated with public works, police and fire and has incorporated their comments
and conditions in this report.
Improve and protect creeks (Five Mile, Eight Mile, Nine Mile, Ten Mile, South Slough, and
Jackson and Evans Drainages) throughout commercial, industrial and residential
areas.”(5.01.01E)
The applicant is proposing to leave the Eight Mile Creek open, to provide fencing as required
by the UDC, to install landscaping, and construct the regional pathway. The applicant’s
request to leave the creek open requires approval by City Council.
Ensure development provides safe routes and access to schools,
parks and other community gathering places.” (3.07.02N)
The applicant has provided a school routes exhibit as part of this application. Staff believes
that the applicant shall provide a temporary pathway along the Eight Mile Creek as well as a
pedestrian bridge over the Ridenbaugh canal with the third phase of development. This will
help facilitate students getting to the elementary school on the east side of Cloverdale Road.
For the above stated reasons, staff finds the proposed project is generally consistent with the goals
and objectives in the Comprehensive Plan.
VIII. UNIFIED DEVELOPMENT CODE
A. Purpose Statement of Zones:
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. Connection to the City of
Meridian water and sewer systems is a requirement for all residential districts. 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.
B. Schedule of Use: Unified Development Code (UDC) Table 11-2A-2 lists the permitted,
accessory, conditional, and prohibited uses in the R-8 and R-15 zoning districts. The proposed
single-family development is listed as a permitted use in both the R-8 and R-15 zoning districts.
C. Dimensional Standards: The dimensional standards listed in UDC Table 11-2A-6 for the R-8
zoning district and UDC Table 11-2A-7 for the R-15 district applies to development of this site.
Exhibit A
Movado Estates Subdivision AZ, PP (H-2016-0112) PAGE 7
D. Landscaping Standards (UDC 11-3B): The standards for landscaping contained in UDC 11-3B
apply to development of this site.
E. Common Open Space & Site Amenity Requirements: Common open space and site amenities are
required to be provided on the site in accord with the requirements listed in UDC 11-3G-3.
F. Administrative Design Review: Single-family attached homes are required to apply for
administrative design review prior to approval of a building permit.
G. Parking: Age restricted homes with 2 or more bedrooms require 2 parking stalls, with at least one
in an enclosed garage. Single-family homes require 2-4 bedrooms require 4 parking stalls, with
two in an enclosed garage.
IX. ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
1. Annexation & Zoning
The applicant has applied for annexation and zoning of 102.69 acres of land with both R-8 and R-15
zoning districts. As discussed above in Section VII, staff believes the proposed zoning designations
are generally consistent with the policies in the Comprehensive Plan. The 11.56 acres of land not
included in the original application shall be included in the annexation and shall be included as part of
the preliminary plat. Ten (10) days prior to the City Council hearing, the applicant shall provide a
revised legal description that includes the 11.56 acres of land not shown in the original application.
The applicant proposes to develop 430 new single-family residential attached and detached
homes as shown on the preliminary plat included in Exhibit A.2.
The legal description submitted with the application, included in Exhibit C, shows the boundaries
of the property proposed to be annexed. The property is contiguous to land that has been annexed
into the City and is within the Area of City Impact boundary.
The City may require a development agreement (DA) in conjunction with an annexation pursuant
to Idaho Code section 67-6511A. In order to ensure the site develops as proposed with this
application, staff recommends a DA as a provision of annexation with the provisions included in
Exhibit B.
2. Preliminary Plat (PP)
A PP consisting of 430 building lots and 39 common lots and 9 other lots in the R-8 and R-15
zoning district is proposed on 102.69 acres of land for Movado Estates Subdivision. A phasing
plan was submitted with this application and is included in Exhibit A.2. The phasing plat
submitted with the application indicates that the pedestrian crossing over the Ridenbaugh Canal
will happen with phase 6A. Staff feels that the construction of the pedestrian pathway over the
Ridenbaugh Canal shall occur prior to phase 6. Students will need to be able to get out to
Cloverdale Road and to the existing Hawk signal. The applicant has submitted a pedestrian
pathways plan (Exhibit A.7) and staff feels that including the pedestrian bridge and temporary
pathway along the Eight Mile Creek will facilitate moving students to the school. Staff
recommends that the applicant rework the phasing plan in order to accommodate the pedestrian
crossing with the third phase.
The applicant shall include the 11.56 acre portion of the property in this annexation and include it
as a lot in the preliminary plat. Staff feels that the zoning for the site shall be C-G to align with
the concept plan that was approved with the Silverstone Apartments project.
Exhibit A
Movado Estates Subdivision AZ, PP (H-2016-0112) PAGE 8
Existing Structures: There is an existing single-family home on this site. All existing structures
that are required to be removed shall be removed prior to signature on the final plat by the City
Engineer.
Dimensional Standards: Development of this site is required to comply with the dimensional
standards listed in UDC 11-2A-3 and Table 11-2A-6 for the R-8 zoning district and 11-2A-7 for
the R-15 zoning district. Staff has reviewed the proposed plat and found it to be in compliance
with those standards.
A minimum 35-foot wide street buffer is required along E. Overland Road, a 25-foot wide
landscape buffer is required along S. Cloverdale Road; and a 20-foot wide street buffer is
required along S. Movado Way, a collector street.
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 with the exception of the south east corner
of the property, has found it to be in compliance with the aforementioned standards. The
south east corner of the property is encumbered on three sides by significant irrigation
facilities (Eight Mile Creek and Ridenbaugh Canal). These facilities greatly limit the ability
to break up long block lengths. The applicant has provided two (2) pathway common lots to
help in alleviating the problem.
Common Drives: There are five common driveways proposed. The applicant is proposing Lots
153, 154, 155, and 156 of Block 2, to take access from a common driveway, Lots 120, 121, and
122, Block 2 to take access from a separate common driveway, lots 15, 16, 17, 18 and 19, Block
6 from one common driveway, Lots 82 and 86, Block 2 and Lots 87 and 91, Block 2 shall take
access from two separate common driveways respectively, and Lots 71, 72 and 73 shall take
access from a common driveway and Lots 48, 49 and 50 shall take access from a common
driveway. Per UDC-11-6C-3D, common driveways shall serve a maximum of (6) dwelling unit.
With the final plat application, the applicant must provide an exhibit that depicts the
building envelope, setbacks and orientation of the lots and structures taking access from the
common drives.
Two (2) of the common driveways included in the plat are also being used as emergency
access for he fire department (Lots 71, 72 and 73 and Lots 48, 49 and 50, Block 2). These
two (2) common driveways shall be striped and signed as “No Parking.”
Streets: The majority of the proposed streets depicted on the plat are public, with the exception
of the streets through what the applicant is calling “The Village Cottages,” an age-restricted
community.” These cottages will feature private streets with multiple common driveways. The
homes are designed with shared common walls and abutting garages. With 105 residential home
lots in The Village Cottages, the applicant has provided two gated entries for the residents, the
main entrance off of the primary subdivisions Spine Road and a secondary on the west side with
quick access to the existing Pewter Falls stub. The privates streets will be owned and operated by
The Village Home Owners Association with repairs and maintenance paid for by association fees.
Gates: The applicant is proposing to install two (2) gates to restrict vehicular movement to the
private street to those who live within that area of the development. UDC 11-3F-4 allows gates
to be installed, subject to the following standards:
a. The proposed development shall be for residential uses.
b. The proposed development shall have no more than fifty (50) dwelling units.
c. The proposed development shall not restrict pedestrian and bicycle access along the
private street. The proposed development shall provide unrestricted access to pedestrians
and bicycles at a minimum of two (2) additional points within the proposed development.
Exhibit A
Movado Estates Subdivision AZ, PP (H-2016-0112) PAGE 9
d. The proposed development shall not restrict access to existing or planned multiuse
pathways as shown in chapter 3 of the Meridian pathways master plan.
e. The applicant shall provide access to the gate for emergency vehicles as determined and
approved by the Meridian fire department and public works department.
f. To allow sufficient stacking distance, the gate shall be located a minimum of fifty feet
50') back from the ultimate edge of right of way to the connecting public street.
The applicant is requesting alternative compliance to allow for 105 homes on a private
street, and also for a common driveway off of a private street. As noted in (C) above,
code allows for up to fifty (50) dwelling units in a gated community and staff has
interpreted this to allow for fifty (50 ) dwelling units per gate. The applicant has
proposed two (2) gates for the community, so will be limited to (100) dwelling units imn
the gated portion of the project.
The applicant’s request to have a common driveway off of a private street is approved
by the Director.
As part of the Silverstone Apartments application, the applicant was required to
provide a secondary access to E. Pewter Falls Street. In order to ensure that this access
point remains viable for both the future multi-family development and the age-
restricted housing, the applicant shall make this section of road public. This public road
section would then likely require a turn-around.
Prior to the Commission hearing, the applicant shall revise the site plan to meet these
requirements.
Access: Access to streets must comply with the standards listed in UDC 11-3A-3.
Three public street accesses are proposed for this development; one via E. Overland Road and
two on the west side of the development ( E. Copper Pointe Way and E. Pewter Falls Street) both
local streets, as shown on the plat.
In an effort to improve safety, the UDC (11-3A-3) limits access points to arterial streets by
combining and/or limiting access points. In accord with this requirement, (and as proposed by the
applicant), staff recommends there not be a direct connection to S. Cloverdale Road. There are
some significant challenges with providing a direct access. Though staff has not yet received a
staff report from ACHD, in an email they have indicated that they are not requiring a direct
vehicular connection to Cloverdale Road.
Though neither ACHD or City staff are requiring a vehicular connection to Cloverdale Road, the
pedestrian connection to Cloverdale Road is essential for providing access to the elementary
school on the west side of Cloverdale Road. According to the phasing plan submitted by the
applicant, the tpedestrian connection would not happen until the sixth phase. Depending on the
timing of that phase, there could be upwards of 400 homes in the development before the
pedestrian connection is constructed. The applicant shall revise the phasing plan to include the
pedestrian connection in the third phase of the development.
Stub Streets: There are 2 existing stub streets to this site; one via E. Pewter Falls Drive
constructed with Silverstone Business Park, and one via E. Copper Pointe Way constructed with
Sutherland Farm Subdivision. These stub streets are being extended with the subject project. No
other stub streets are proposed or required with this development.
Traffic Impact Study (TIS): ACHD required a TIS for this development. Though staff is
awaiting a staff report from ACHD regarding this application, staff has received an email from
ACHD’s staff indicating that they do not have any concerns with the proposed road network. .
Exhibit A
Movado Estates Subdivision AZ, PP (H-2016-0112) PAGE 10
Landscaping: Street buffer landscaping is required to be provided as set forth in UDC Tables 11-
2A-6 and 11-2A-7 as discussed above under Dimensional Standards. Landscaping within the
street buffers should be provided in accord with the standards listed in UDC 11-3B-7C.
Pathways: The Pathways Master Plan depicts a regional pathway on this site along the south side
of the Eight Mile Creek. The applicant proposes to provide the extension of the regional pathway
as an amenity for the proposed subdivision. The 10-foot multi-use pathway must be paved and
landscaped in accord with the standards set forth in UDC 11-3A-8 and UDC 11-3B-12.
There is an existing multi-use pathway that was created with the Sutherland Farm Subdivision.
This pathway currently dead ends on the eastern property line of that subdivision and was not
continued eastward through the Muir Woods Subdivision (Boise City). In order to continue this
pathway through to Cloverdale Road, staff feels that the applicant should construct an additional
portion of 10-foot multi Use pathway that starts at the south east corner of the property and runs
through the proposed subdivision and through the park located at Lot 1, Block 3 to connect with
the proposed multi-use pathway on the south side of the Eight Mile Creek.
Waterways: The Eight Mile Creek bisects the property. The Eight Mile Creek lies within a 60-
foot wide Nampa Meridian Irrigation District easement. The 10-foot multi-use pathway will be
installed within the easement, and the applicant should coordinate with the irrigation district on
maintenance of the common lots.
The UDC (11-3A-6) requires all irrigation ditches, laterals, canals and drains to be piped unless
left open as a water amenity (as defined in UDC 11-1A-1) or linear open space. The City Council
may waive this requirement for large capacity facilities. The applicant requests a waiver from
Council to allow the Eight Mile Creek and Ridenbaugh to remain open due to their large
capacities. The applicant proposes to provide a bridge over the Eight Mile Creek for a
vehicle/pedestrian crossing. The applicant also proposes to construct a pedestrian bridge
across the Ridenbaugh Canal to facilitate pedestrian connection with the proposed sidewalk
along S. Cloverdale Road. As mentioned above. This pedestrian connection should happen
with the third phase to facilitate a “safe routes to school” crossing for the children.
Fencing: The landscape plan proposes a variety of fence heights and materials. All of the
proposed fencing shall comply with the requirements of UDC section UDC 11-3A-7.
Existing Trees: The applicant is responsible to mitigate all existing healthy trees 4-inch caliper
or greater that are removed from the site with equal replacement of the total calipers lost on site
up to an amount of 100% replacement in accord with UDC 11-3B-10. The applicant will need to
contact the City Arborist if any trees are to be removed.
Sidewalks: A detached sidewalk exists along E. Overland Road however, there is existing gravel
in between the existing curb and the sidewalk that must to be removed and the area vegetated
with the first phase of this development.
A detached sidewalk shall be constructed along the entire frontage of S. Cloverdale Road with the
applicable phase of development.
Landscaping, Open Space and Amenities: The applicant is proposing 15.41 acres (15%) of
open space for the development. The applicant is also proposing eight (8) amenities for the
subdivision that include a clubhouse, a pool, two (2) separate play structure, a water feature, an
outdoor fitness facility, a picnic area and two sections of a multi-use pathway. The applicant is
also proposing pedestrian pathways throughout the development (See Exhibit A.4 below); several
play fields and other non-qualified amenities. The proposed amenities appear to meet the
requirements for common open space and site amenities set forth UDC 11-3G. The Village
Cottages portion of the development is age restricted and will be for residents 55 years of
Exhibit A
Movado Estates Subdivision AZ, PP (H-2016-0112) PAGE 11
age and older. The clubhouse and open space provided for that portion of the project will be
for the sole use of the residents within that gated portion. The residents who live within the
gated portion of the development will however be able to use the open space and amenities
in the overall development.
Utilities: Street lighting is required to be installed within the development in accord with the
City’s adopted standards, specifications and ordinances. All development is required to connect
to the City water and sewer system unless otherwise approved by the City Engineer in accord
with UDC 11-3A-21.
Pressurized Irrigation: An underground pressurized irrigation system is required to be provided
for the development in accord with UDC 11-3A-15 as proposed.
Storm Drainage: An adequate storm drainage system is required in all developments in accord
with the City’s adopted standards, specifications, and ordinances, per UDC 11-3A-18.
Building Elevations: The applicant has submitted some conceptual sample building elevations
for future homes in this development, included in Exhibit A.5 Building materials appear to
consist of a mix of board and batten and horizontal lap siding and stone accents. The applicant
has proposed three (3) distinct product types with the application One product type for the village
cottages portiojn of the development, and two (2) other for both the R-15 and R-8 portion of the
Movado portion of the project. Each product type uses similar materials, but varies in style. Staff
is supportive of the proposed elevations.
Because homes on lots that back up to S. Cloverdale Road will be highly visible, staff
recommends the rear or sides of structures on lots that face the street incorporate
articulation through changes in materials, color, modulation, and architectural elements
horizontal and vertical) to break up monotonous wall planes and roof lines. In addition, the
attached single-family homes will be subject to design review (see below.)
Design Review (DES): A CZC and DES application is required to be submitted prior to issuance
of building permits for the single family attached homes. With the submittal of the DES
application, the applicant shall submit a master site plan that designates the design, color schemes
and variations for each unit. The applicant must comply with the design standards listed in UDC
11-3A-19 and the guidelines contained in the Architectural Standards Manual.
Staff recommends approval of the subject applications with the conditions listed in Exhibit B per
the Findings in Exhibit D.
X. EXHIBITS
A. Drawings
1. Vicinity Map
2. Preliminary Plat (dated: 10/11/2016)
3. Landscape Plan (dated: 09/07/2016)
4. Pathways Plan
5. Conceptual Building Elevations
6. Conceptual Development Plan Approved with Silverstone Apartments
7. Pedestrian Pathways Plan
B. Agency Comments/Conditions of Approval
Exhibit A
Movado Estates Subdivision AZ, PP (H-2016-0112) PAGE 12
1. Planning Division
2. Public Works Department
3. Fire Department
4. Police Department
5. Sanitary Service Company
6. Ada County Highway District
7. Parks Department
C. Legal Description and Exhibit Map for Proposed Rezone
D. Required Findings from Unified Development Code
Exhibit A
Movado Estates Subdivision AZ, PP (H-2016-0112) PAGE 13
Exhibit A.1: Vicinity Map
Subject
Property
Exhibit A
Movado Estates Subdivision AZ, PP (H-2016-0112) PAGE 14
Exhibit A.2: Preliminary Plat (dated: 10/11/2016)
Exhibit A
Movado Estates Subdivision AZ, PP (H-2016-0112) PAGE 15
Exhibit A
Movado Estates Subdivision AZ, PP (H-2016-0112) PAGE 16
Exhibit A.3: Landscape Plan (dated: 09/07/2016)
Exhibit A
Movado Estates Subdivision AZ, PP (H-2016-0112) PAGE 17
Exhibit A
Movado Estates Subdivision AZ, PP (H-2016-0112) PAGE 18
Exhibit A
Movado Estates Subdivision AZ, PP (H-2016-0112) PAGE 19
Exhibit A
Movado Estates Subdivision AZ, PP (H-2016-0112) PAGE 20
Exhibit A.4: Pathways Plan
Exhibit A
Movado Estates Subdivision AZ, PP (H-2016-0112) PAGE 21
Exhibit A.5: Conceptual Building Elevations
Exhibit A
Movado Estates Subdivision AZ, PP (H-2016-0112) PAGE 22
Exhibit A
Movado Estates Subdivision AZ, PP (H-2016-0112) PAGE 23
Exhibit A
Movado Estates Subdivision AZ, PP (H-2016-0112) PAGE 24
Exhibit A
Movado Estates Subdivision AZ, PP (H-2016-0112) PAGE 25
Exhibit A.6 Conceptual Development Plan Approved with Silverstone Apartments
Exhibit A
Movado Estates Subdivision AZ, PP (H-2016-0112) PAGE 26
Exhibit A.7 Pedestrian Pathways Plan
Exhibit A
Movado Estates Subdivision AZ, PP (H-2016-0112) PAGE 27
B. Agency Comments/Conditions
1. PLANNING DEPARTMENT
1.1 Site Specific Conditions of Approval
1.1.1 A Development Agreement (DA) is required as a provision of annexation of this property. Prior
to the annexation ordinance approval and the acceptance of a final plat application, a DA shall be
entered into between the City of Meridian, the property owner(s) at the time of annexation
ordinance adoption, and the developer.
Currently, a fee of $303.00 shall be paid by the applicant to the Planning Division prior to
commencement of the DA. The DA shall be signed by the property owner and returned to the
City within six months of the City Council granting annexation. The DA shall, at minimum,
incorporate the following provisions:
a. Future development of this site shall be consistent with the preliminary plat, landscape plan
and building elevations attached in Exhibit A and the revisions noted in the staff report. The
11.56 acres of land not included in the original application shall be included in the annexation
and shall be included as part of the preliminary plat. Ten (10) days prior to the City Council
hearing, the applicant shall provide a revised legal description that includes those 11.56 acres
of land not shown in the original application.
b. All existing structures on the property shall be removed prior to the City’s Engineer’s
signature on the final plat.
c. Applicant shall construct the pedestrian crossing over the Ridenbaugh Canal with
Phase 5A as shown on Phasing Plan dated 09/07/2016. The applicant shall revise the
phasing plan and construct the pedestrian crossing over the Ridenbaugh Canal with the third
phase of development and shall submit the revised copy of the phasing plan to staff at least
ten (10) days prior to City Council
d. Two (2) of the common driveways included in the plat are also being used as emergency
access for the fire department (Lots 71, 72 and 73 and Lots 48, 49 and 50, Block 2). These
two (2) common driveways shall be striped and signed as “No Parking.”
e. As part of the Silverstone Apartments application, the applicant was required to provide a
secondary access to E. Pewter Falls Street. In order to ensure that this access point remains
viable for both the future multi-family development and the age-restricted housing, the
applicant shall make this section of road public.
f. The applicant shall construct an additional portion of 10-foot multi use pathway
starting from the southwest corner of the property where Copper Point Way connects to
the property and travels west adjacent to lots 89, 87, 84 of Block 2; then traveling north
along Rolling Hills Avenue where it will then cross East Pewter Falls Drive; and
continuing north adjacent to lot 20 of Block 1 where it will connect with the Regional
Pathway on the south side of Eight Mile (Five Mile) Creek. The applicant shall construct
an additional portion of 10-foot multi Use pathway that starts at the south east corner of the
property and runs through the proposed subdivision and through the park located at Lot 1,
Block 3 to connect with the proposed multi-use pathway on the south side of the Eight Mile
Creek.
g. The applicant shall comply with the submitted home elevations attached in Exhibit A.5. The
rear and/or side of structures that face E. Cloverdale Road (Lots 25-31, Block 2) shall
Exhibit A
Movado Estates Subdivision AZ, PP (H-2016-0112) PAGE 28
incorporate articulation through changes in two or more of the following: modulation (e.g. –
projections, recesses, step-backs, pop-outs), bays, banding, porches, balconies, material types
or other integrated architectural elements to break up monotonous wall planes and roof lines
that are visible from the subject public street. Single-story structures are exempt from this
requirement.
h. The applicant shall obtain a waiver from City Council to UDC 11-3A-6A in order for the
Eight Mile Creek and Ridenbaugh Canal to remain open and not be piped due to the large
capacity of their facilities. If a waiver is not obtained, the waterway is required to be piped.
i. The 35 foot landscape buffer along W. Overland Road and the 20 foot landscape buffer along
S. Movado Way must be constructed with the first phase of development.
j. Construct the entire landscape buffer along W. Overland Road, including replacing the
existing gravel with vegetation in accord with UDC 11-3B-7C;
k. The applicant shall construct the entry gatehouse and monuments as proposed.
1.1.2 The preliminary plat, dated 10/11/2016, is approved with the following changes:
a. With submission of the final plat application, the applicant must provide an exhibit that
depicts the building envelope, setbacks and orientation of the lots and structures taking access
to a common driveway.
b. Provide a Lot and Block number for all private streets included on the preliminary plat.
c. Per UDC 11-3F-4A.4, the proposed development shall have no more than fifty (50)
dwelling units. Staff has made an interpretation that fifty (50) residential units will be
allowed per gate. The applicant has proposed two (2) gates for “The Village Cottages”,
so 100 units are allowed on the private street. At least (10) days prior to the City
Council hearing, the plat shall be revised to meet this requirement. The applicant shall
be allowed to have 105 units within “The Village Cottages” portion of the subdivision,
rather than the 100 that would otherwise be allowed by section 11-3F-4A.4 of the UDC.
d. The north/south segment of roadway along the west boundary that connects E. Pewter Falls
Street and the Silverstone Apartments shall be constructed as a public street.
e. The private road shall meet the requirements of UDC 11-3F-4 (see analysis above in section
IX).
f. The gate shall meet the requirements of UDC 11-3F-4 (see analysis above in section IX).
g. A DES application is required to be submitted prior to issuance of building permits for the
single-family attached homes. With the submittal of the DES application, the applicant shall
submit a master site plan that designates the design, color schemes and modulation for each
unit. The applicant must comply with the design standards in the Architectural Standards
Manual.
h. Direct lot access to S. Movado Way, S. Cloverdale Road, and W. Overland Road is
prohibited.
1.1.3 The landscape plan included in Exhibit A.3, dated 09/07/2016, shall be revised as follows:
a. The applicant shall construct an additional portion of 10-foot multi use pathway
starting from the southwest corner of the property where Copper Point Way connects to
the property and travels west adjacent to lots 89, 87, 84 of Block 2; then traveling north
along Rolling Hills Avenue where it will then cross East Pewter Falls Drive; and
continuing north adjacent to lot 20 of Block 1 where it will connect with the Regional
Exhibit A
Movado Estates Subdivision AZ, PP (H-2016-0112) PAGE 29
Pathway on the south side of Eight Mile (Five Mile) Creek. The Eight Mile Creek and
Ridenbaugh Canal are required to be fenced with an open vision fence at least 6 feet in height
and having an 11-guage, 2-inch mesh or other construction, equivalent in ability to deter
access to the waterway in accord with UDC 11-3A-6B.
b. 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.
c. Landscaping is required adjacent to the multi-use pathway along the south side of the Eight
Mile Creek in accord with the standards listed in UDC 11-3B-12C. If the Irrigation District
will not allow landscaping within their easement, provide an additional 5 feet outside of the
easement for landscaping.
d. A 35 foot wide landscape buffer is required along E. Overland Road and a 25 foot wide
landscape buffer is required along S. Cloverdale Road. The landscape buffers shall be
constructed in accord with UDC 11-3B-7.
e. A segment of the City’s multi-use pathway system is designated on the Master Pathways Plan
on this site along the south side of the Eight Mile Creek. This segment of the pathway must
be 10 feet wide and will be required to be paved in accord with UDC 11-3A-8 and landscaped
in accord with UDC 11-3B-12.
1.1.4 The final plat shall substantially comply with the approved preliminary plat in accord with the
requirements listed in UDC 11-6B-3C.
1.1.5 A minimum 5-foot wide detached sidewalk shall be constructed along Cloverdale Road
where none exists with phase 5A of the development and to coordinate with Nampa-
Meridian Irrigation District and ACHD relocation of the Ridenbaugh Canal and Cloverdale
Road improvements. A minimum 5-foot wide detached sidewalk shall be constructed along
Cloverdale Road where none exists with the third phase of this development.
1.1.6 The shall provide at a minimum 15.41 acres (15%) of open space for the development, eight (8)
amenities for the subdivision that include a clubhouse, a pool, two (2) separate play structure, a
water feature, an outdoor fitness facility, a picnic area and two sections of a multi-use pathway.
The applicant is also proposing pedestrian pathways throughout the development (See Exhibit
A.4 below); several play fields and other non-qualified amenities. The proposed amenities appear
to meet the requirements for common open space and site amenities set forth UDC 11-3G.
1.1.7 The architecture single-family attached portion of the development shall tie in with that of the
single-family detached residential portion of the development in accord with the guidelines listed
in the Meridian Architectural Standards Manual.
1.2 General Conditions of Approval
1.2.1 Comply with all bulk, use, and development standards of the applicable district listed in UDC
Chapter 2 District regulations.
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.
Exhibit A
Movado Estates Subdivision AZ, PP (H-2016-0112) PAGE 30
1.2.5 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-5J.
1.2.6 Construct all off-street parking areas consistent with the standards as set forth in UDC 11-3C-6
for single-family dwellings.
1.2.7 Construct the required landscape buffers consistent with the standards as set forth in UDC 11-3B-
7C.
1.2.8 Comply with all subdivision design and improvement standards as set forth in UDC 11-6C-3,
including but not limited to cul-de-sacs, common driveways, easements, blocks, street buffers,
and mailbox placement.
1.2.9 Protect any existing trees on the subject property that are greater than four-inch caliper and/or
mitigate for the loss of such trees as set forth in UDC 11-3B-10.
1.2.10 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle.
1.3 Ongoing Conditions of Approval
1.3.1 The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets
the standards as set forth in UDC 11-3B-6 and to install and maintain all landscaping as set forth
in UDC 11-3B-5, UDC 11-3B-13 and UDC 11-3B-14.
1.3.2 All common open space and site amenities shall be maintained by an owner's association as set
forth in UDC 11-3G-3F1.
1.3.3 The project is subject to all current City of Meridian ordinances and previous conditions of
approval associated with this site.
1.3.4 The applicant and/or property owner shall have an ongoing obligation to prune all trees to a
minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the
area.
1.3.5 The applicant has a continuing obligation to comply with the outdoor lighting provisions as set
forth in UDC 11-3A-11.
1.3.6 The applicant and/or property owner shall have an ongoing obligation to maintain all landscaping
and constructed features within the clear vision triangle consistent with the standards in UDC 11-
3A-3.
1.4 Process Conditions of Approval
1.4.1 No signs are approved with this application. Prior to installing any signs on the property, the
applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3
Article D and receive approval for such signs.
1.4.2 The applicant shall complete all improvements related to public life, safety, and health as set forth
in UDC 11-5C-3B. A surety agreement may be accepted for other improvements in accord with
UDC 11-5C-3C.
1.4.3 The final plat, and any phase thereof, shall substantially comply with the approved preliminary
plat as set forth in UDC 11-6B-3C2.
1.4.4 The applicant shall obtain approval for all successive phases of the preliminary plat within two
years of the signature of the City Engineer on the previous final plat as set forth in UDC 11-6B-
7B (if applicable).
1.4.5 The preliminary plat approval shall be null and void if the applicant fails to either 1) obtain the
City Engineer signature on a final plat within two years; or, 2) gain approval of a time extension
as set forth in UDC 11-6B-7.
Exhibit A
Movado Estates Subdivision AZ, PP (H-2016-0112) PAGE 31
1.4.6 Upon installation of the landscaping and prior to inspection by Planning Division staff, the
applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A.
2. PUBLIC WORKS DEPARTMENT
2.1 Site Specific Conditions of Approval
2.1.1 Increase the size of the water main in Movado Way to a 12-inch from Overland Road to Pewter
Falls Drive. Increase the size of the water main in Copper Pointe Way to a 12-inch from the west
subdivision boundary to Hill’s Place Avenue. Connect a water main from the Copper Point Way
and Movado Avenue intersection through the common area to the Copper Pointe and Stolle
Avenue intersection. Connect a water main through the private drive from the E. Pewter Falls
and S. Hills Place Avenue intersection to the north subdivision boundary at the Silverstone
Apartment project to the NW.
2.1.2 Applicant shall coordinate 24/7 access with the Meridian Public Works Department for the
Village Cottages. This is critically important since this area will have gated private access.
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.
2.2.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of
way (include all water services and hydrants). The easement widths shall be 20-feet wide for a
single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but
rather dedicated outside the plat process using the City of Meridian’s standard forms. The
easement shall be graphically depicted on the plat for reference purposes. Submit an executed
easement (on the form available from Public Works), a legal description prepared by an Idaho
Licensed Professional Land Surveyor, which must include the area of the easement (marked
EXHIBIT A) and an 81/2” x 11” map with bearings and distances (marked EXHIBIT B) for
review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO
NOT RECORD. Add a note to the plat referencing this document. All easements must be
submitted, reviewed, and approved prior to signature of the final plat by the City Engineer.
2.2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water (MCC 9-2-28C1). 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. Any structures that are allowed to remain shall be subject to evaluation and
possible reassignment of street addressing to be in compliance with MCC.
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.
Exhibit A
Movado Estates Subdivision AZ, PP (H-2016-0112) PAGE 32
2.2.7 Any existing domestic well system within this project shall be removed from domestic service per
City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at
208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic
purposes such as landscape irrigation if approved by Idaho Department of Water Resources
Contact Robert B. Whitney at (208)334-2190.
2.2.8 Any existing septic systems within this project shall be removed from service per City Ordinance
Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and
inspections (208)375-5211.
2.2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated,
fencing installed, drainage lots constructed, road base approved by the Ada County Highway
District and the Final Plat for this subdivision shall be recorded, prior to applying for building
permits.
2.2.10 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted
fencing, landscaping, amenities, etc., prior to signature on the final plat.
2.2.11 All improvements related to public life, safety and health shall be completed prior to occupancy
of the structures. Where approved by the City Engineer, an owner may post a performance surety
for such improvements in order to obtain City Engineer signature on the final plat as set forth in
UDC 11-5C-3B.
2.2.12 Applicant shall be required to pay Public Works development plan review, and construction
inspection fees, as determined during the plan review process, prior to the issuance of a plan
approval letter.
2.2.13 It shall be the responsibility of the applicant to ensure that all development features comply with
the Americans with Disabilities Act and the Fair Housing Act.
2.2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting
that may be required by the Army Corps of Engineers.
2.2.15 Developer shall coordinate mailbox locations with the Meridian Post Office.
2.2.16 All grading of the site shall be performed in conformance with MCC 11-1-4B.
2.2.17 Compaction test results shall be submitted to the Meridian Building Department for all building
pads receiving engineered backfill, where footing would sit atop fill material.
2.2.18 The engineer shall be required to certify that the street centerline elevations are set a minimum of
3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom
elevation of the crawl spaces of homes is at least 1-foot above.
2.2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage
facility within this project that do not fall under the jurisdiction of an irrigation district or 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 Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street
Lighting (http://www.meridiancity.org/public_works.aspx?id=272). 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. The contractor’s
Exhibit A
Movado Estates Subdivision AZ, PP (H-2016-0112) PAGE 33
work and materials shall conform to the ISPWC and the City of Meridian Supplemental
Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility
Coordinator at 898-5500 for information on the locations of existing street lighting.
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. FIRE DEPARTMENT
3.1 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department in accordance
with International Fire Code Section (IFC) 508.5.4 as follows:
a. Fire hydrants shall have the 4 ½” outlet face the main street or parking lot drive aisle.
b. Fire hydrants shall not face a street which does not have addresses on it.
c. Fire hydrant markers shall be provided per Public Works specifications.
d. Fire Hydrants shall be placed on corners when spacing permits.
e. Fire hydrants shall not have any vertical obstructions to outlets within 10’.
f. Fire hydrants shall be placed 18” above finished grade to the center of the 4 ½” outlets.
g. Fire hydrants shall be provided to meet the requirements of IFC Section 509.5.
h. Show all proposed or existing hydrants for all new construction or additions to existing
buildings within 1,000 feet of the project.
3.2 All entrances, internal roads, drive aisles, and alleys shall have a turning radius of 28’ inside and
48’ outside, per International Fire Code Section 503.2.4.
3.3 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.
3.4 Provide signage (“No Parking Fire Lane”) for all fire lanes in accordance with International Fire
Code Sections 503.4 & D103.6.
3.5 Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set forth
in International Fire Code Section 304.1.2.
3.6 Fire lanes, streets, and structures (including the canopy height of mature trees) shall have a
vertical clearance of 13’6 as set forth in International Fire Code Section 503.2.1.
3.7 Operational fire hydrants, temporary or permanent street signs, and access roads with an all
weather surface are required to be installed before combustible construction material is brought
onto the site, as set forth in International Fire Code Section (IFC) 501.4 and Meridian amendment
to IFC 10-4-2J.
3.8 All portions of the buildings located on this project must be within 150’ of a paved surface as
measured around the perimeter of the building as set forth in International Fire Code Section
Exhibit A
Movado Estates Subdivision AZ, PP (H-2016-0112) PAGE 34
503.1.1.
3.9 Emergency response routes and fire lanes shall not be allowed to have traffic calming devices
installed without prior approval of the Fire Code Official. National Fire Protection Standard 1141,
Section A5.2.18.
4. POLICE DEPARTMENT
4.1 The Police Department has no concerns related to the site design submitted with the application.
5. REPUBLIC SERVICES
5.1 The applicant shall contact Bob Olson, Republic Services, at 208-345-1265 or
rolson@republicservices.com to obtain approval of the dumpster locations on the single-
family residential portion of the site.
6. PARKS DEPARTMENT
6.1 The Park’s Department has no comments on this application.
7. ADA COUNTY HIGHWAY DISTRICT (ACHD COMMENTS FORTHCOMING)
7.1.1 SITE SPECIFIC CONDITIONS OF APPROVAL
7.2.1 STANDARD CONDITIONS OF APPROVAL
Exhibit A
Movado Estates Subdivision AZ, PP (H-2016-0112) PAGE 35
C. Legal Description and Exhibit Map for Proposed Annexation and Zoning
Exhibit A
Movado Estates Subdivision AZ, PP (H-2016-0112) PAGE 36
Exhibit A
Movado Estates Subdivision AZ, PP (H-2016-0112) PAGE 37
Exhibit A
Movado Estates Subdivision AZ, PP (H-2016-0112) PAGE 38
Exhibit A
Movado Estates Subdivision AZ, PP (H-2016-0112) PAGE 39
Exhibit A
Movado Estates Subdivision AZ, PP (H-2016-0112) PAGE 40
Exhibit A
Movado Estates Subdivision AZ, PP (H-2016-0112) PAGE 41
Exhibit A
Movado Estates Subdivision AZ, PP (H-2016-0112) PAGE 42
Exhibit A
Movado Estates Subdivision AZ, PP (H-2016-0112) PAGE 43
D. Required Findings from Unified Development Code
1. Annexation & Zoning 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
and/or rezone, the Council shall make the following findings:
a. The map amendment complies with the applicable provisions of the Comprehensive
Plan;
Council finds the proposed annexation with the R-8 and R-15 zoning districts is consistent
with the proposed MDR future land use designation.
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 districts is
consistent with the purpose statement of the districts and the proposed uses will provide a
needed service to area residents.
c. The map amendment shall not be materially detrimental to the public health, safety,
and welfare;
Council finds that the proposed zoning amendment will not be detrimental to the public
health, safety, or welfare if the applicant complies with conditions outlined in this report.
However, 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 11-5B-3.E).
Per the above findings, Council finds the proposed annexation is in the best interest of the
City if the applicant enters into a development agreement and complies with all
recommended DA provisions in Exhibit B.
2. PRELIMINARY PLAT :
1. 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 with 430 building lots, 39 common lots and 9 other lots
is in substantial compliance with the adopted Comprehensive Plan. Please see
Comprehensive Plan Policies and Goals, Section VII, of the Staff Report for more
information .
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;
Council relies upon comments from the public service providers (i.e., Police, Fire, ACHD,
etc.) to determine this finding. (See Exhibit B for more detail.)
e. The development will not be detrimental to the public health, safety or general welfare;
and
Council is not aware of any health, safety, or environmental problems associated with the
platting of this property. ACHD considers road safety issues in their analysis. The
Council considers any public testimony that may be presented when determining whether
or not the proposed subdivision may cause health, safety or environmental problems of
which Council is unaware.
f. The development preserves significant natural, scenic or historic features.
Council is unaware of any natural, scenic or historic features on this site. Therefore, Council
finds that the proposed development will not result in the destruction, loss or damage of any
natural, scenic or historic feature(s) of major importance. The Council referenced any public
testimony that may be presented to determine whether or not the proposed development may
destroy or damage a natural or scenic feature(s) of major importance of which staff is
unaware.
3. PRIVATE STREET :
In order to approve the application, the director shall find the following:
a. The design of the private street meets the requirements of this article;
Council finds that that the design of the private street meets the requirements of the UDC .
b. Granting approval of the private street would not cause damage, hazard, or nuisance,
or other detriment to persons, property, or uses in the vicinity; and
Council finds that the private street would not cause damage, hazard, or nuisance or other
detriment to persons, property, or uses in the vicinity.
c. The use and location of the private street shall not conflict with the comprehensive plan
and/or the regional transportation plan.
Council finds that the use and location of the private street will not conflict with the
comprehensive plan or regional transportation plan.
d. The proposed residential development (if applicable) is a mew or gated development.
Council finds that the proposed development is a gated community.
Exhibit A
4. ALTERNATIVE COMPLIANCE FINDINGS :
In order to grant approval for alternative compliance, the director shall determine the
following findings:
1. Strict adherence or application of the requirements is not feasible; OR
2. The alternative compliance provides an equal or superior means for meeting the
requirements; and
The Director finds the alternative compliance provides an equal means for meeting the
City’s private street standards. The private street standards are set forth in UDC 11-3F.
The applicant is requesting to allow a common driveway off of a private street, which the
UDC specifically disallows, as well as to have 105 units on a gated private street rather
than the 100 that is allowed per the UDC. With the blessing of the Fire Department, staff
believes that the proposed development can accommodate the common driveways off of
a private street. Staff does not feel, however, that increasing the number of homes on a
gated private street provides an equal or meeting of the requirements of the UDC.
3. The alternative means will not be materially detrimental to the public welfare or
impair the intended uses and character of the surrounding properties.
The Director finds that the proposed alternative for the common driveway off of a private
street will not be detrimental to the public welfare or impair the use/character of the
surrounding properties.
The Director finds that the proposed 105 units inside a gated, private street will be
detrimental to the public welfare and impair the use/character of the surrounding
properties.