Blakeslee Commons H-2016-0066ADA COUNTY RECORDER Christopher D. Rich 2017-032110
BOISE IDAHO Pgs=50 LISA BATT 04/13/2017 02:47 PM
CITY OF MERIDIAN, IDAHO NO FEE
(DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. John Blakeslee, Owner
3. Global Senior Housing, LLC, Developer
THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into
this Zb T+1 day of Wim}, -h , Z d L-7_, M+6; 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 John Blakeslee, whose address is 2545 E. Ustick Road, Meridian, Idaho
83646, hereinafter called OWNER and Global Senior Housing, LLC, whose address is PO Box
1297, Eagle, Idaho 83616, hereinafter called DEVELOPER.
RECITALS:
1.1 WHEREAS, Owner is the sole owner, in law and/or equity, of certain tract
of land in the County 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 § 67-651 lA provides that cities may, by ordinance,
require or permit as a condition of zoning that the Owner and/or Developer
make a written commitment concerning the use or development of the 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
1A WHEREAS, Owner and/or Developer has submitted an application for the
annexation of approximately 10.4 acres of land from the RUT zoning district
in Ada County to the R-15 (Medium High Density Residential) zoning
district (as described in Exhibit "X'), Linder the Unified Development Code,
which generally describes how the Property will be developed and what
improvements will be made; and
1.5 WHEREAS, Owner and/or Developer made representations at the public
hearings both before the Meridian Planning & Zoning Commission and
before the Meridian City Council, as to how the Property will be developed
and what improvements will be made; and
DEVELOPMENT AGREEMENT —BLAKESLEE COMMONS SUBDIVISION H-2016-0066 PAGE I OF 9
1.6 WHEREAS, the record of the proceedings for the requested preliminary plat
on the Property held before the Planning & Zoning Commission, and
subsequently before the City Council, includes responses of government
subdivisions providing services within the City of Meridian planning
jurisdiction, and includes further testimony and comment; and
1.7 WHEREAS, on the 1" day of November, 2016, the Meridian City Council
approved certain Findings of Fact and Conclusions of Law and Decision and
Order ("Findings"), which have been incorporated into this Agreement and
attached as Exhibit `B"; and
1.8 WHEREAS, the Findings require the Owner and/or Developer to enter into a
Development Agreement before the City Council takes final action on final
plat; and
1.9 WHEREAS, Owner and/or Developer deems it to be in its best interest to be
able to enter into this Agreement and acknowledges that this Agreement was
entered into voluntarily and at its urging and request; and
1.10 WHEREAS, City requires the Owner and/or Developer to enter into a
development agreement for the purpose of ensuring that the Property is
developed and the subsequent use of the Property is in accordance with the
terms and conditions of this Agreement, herein being established as a result
of evidence received by the City in the proceedings for zoning designation
from government subdivisions providing services within the planning
jurisdiction and from affected property Owner and to ensure zoning
designation are in accordance with the amended Comprehensive Plan of the
City of Meridian on October 19, 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
Idaho, organized and existing by virtue of law of the State of Idaho, whose
address is 33 East Broadway Avenue, Meridian, Idaho 83642.
DEVELOPMENT AGREEMENT - BLAKESLEE COMMONS SUBDIVISION 14-2016-0066 PAGE 2 OF 9
3.2 OWNER: means and refers to John Blakeslee, whose address is 2545 E.
Ustick Road, Meridian, ID 83646, the party that owns said Property and shall
include any subsequent owner(s) of the Property.
3.3 DEVELOPER: means and refers to Global Senior Housing, LLC, whose
address is PO Box 1297, Eagle, Idaho 83616, the parry 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 High Density Residential (R-
15) and attached hereto and by this reference incorporated herein as if set
forth at length.
4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest 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. Except the public street access to E. Ustick Road, direct lot access to E. Ustick, an
arterial street, is prohibited in accord with UDC 11-3A-3.
b. The developer shall comply with the submitted home elevations in Exhibit A.4 of
the attached Findings of Fact and Conclusions of Law with attached Staff Report
(Exhibit `B") and the elevations as shown in attached Exhibit "C". Future homes
adjacent to E. Ustick Road (Lots 2-6, Block 6, and Lots 2-5, Block 1) shall
incorporate a mix of materials, windows and decorative trim, and two variations in
the roof lines to provide articulation and modulation to the side and rear facades
that face the arterial street.
C. With the first phase of the development, the developer shall install landscaping
and site amenities as follows:
1. Construct the entire landscape buffer along E. Ustick Road, including
replacing the existing gravel with vegetation and removing/relocating the
existing split rail fence to the interior edge of the buffer in accord with UDC
11 -3B -7C;
2. Construct Lot 4, Block 2, including the consolidation of Lots 11 and 19,
Block 2 into a single common lot in the general vicinity between Lots 14 and
DEVELOPMENT AGREEMENT -BLAKESLEE COMMONS SUBDIVISION H-2016-0066 PAGE 3 OF 9
15, Block 2 and add a 5 -foot wide walking path that connects Street B to
Street F.
3. Construct the proposed clubhouse, either pool or outdoor kitchen and
associated parking on Lot 20, Block 4 as proposed. The developer shall
obtain CZC and DES approval prior to applying for a building permit to
develop the lot.
d. With submittal of the second final plat application, (and before the 31St building
permit is issued) the applicant shall provide a copy of a recorded emergency
access to Wingate Lane. Said easement shall meet all of the requirements of the
fire department.
e. The development shall be limited to households with at least one resident who is
55 years of age and older.
f. The development shall be limited to 74 single-family lots.
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 parry'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
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, Owner 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 the
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
DEVELOPMENT AGREEMENT - BLAKESLEE COMMONS SUBDIVISION H-2016-0066 PAGE 4 OF 9
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.
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.
DEVELOPMENT AGREEMENT - BLAKESLEE COMMONS SUBDIVISION H-2016-0066 PAGE 5 OF 9
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:
John Blakeslee
2545 E. Ustick Road
Meridian, ID 83642
with copy to:
City Attorney
City of Meridian
33 E. Broadway Avenue
Meridian, ID 83642
DEVELOPER:
Global Senior Housing, LLC
PO Box 1297
Eagle, ID 83616
14.1 A party shall have the right to change its address by delivering to the other
party a written notification thereof in accordance with the requirements of this section.
15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto
concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as
may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent
jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall
survive any default, termination or forfeiture of this Agreement.
16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time
is strictly of the essence with respect to each and every term, condition and provision hereof, and that
the failure to timely perform any of the obligations hereunder shall constitute a breach of and a
default under this Agreement by the other party so failing to perform.
17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure
to the benefit of the parties' respective heirs, successors, assigns and personal representatives,
including City's corporate authorities and their successors in office. This Agreement shall be
binding on the Owner 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 Owner 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.
DEVELOPMENT AGREEMENT -BLAKESLEE COMMONS SUBDIVISION H-2016-0066 PAGE 6 OF 9
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]
ACKNO
IN WITNESS WHEREOF, the parties
it effective as hereinabove provided.
OWNER:
BlakesleeJohn
CITY OF MERIDIAN
herein executed this aea'e'�ment and made
EVELOPER:
lobal Senior Housing, LLC
L -In
ATTEST:
DEVELOPMENT AGREEMENT -BLAKESLEE COMMONS SUBDIVTSION H-2016-0066
PAGE 7 OF 9
By: `' ._ _._ _ .__ _.
Mayor Tammy eerd IIAy Coles, City Clerk
m2� S�qL H, ,
DEVELOPMENT AGREEMENT- BLAKESLEE COMMONS SUBDIVISION H-2016-0066 PAGE 8 OF 9
STATE OF IDAHO )
ss:
County of Ada, )
v2Dl ,7
On this av day of/�w rc� —, 2"0, before me, the undersigned, a Notary Public in and for said
State, personally appeared John Blakeslee, known or identified to me to be person who signed above and
acknowledged to me that he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in
this certificate fust above written.
(SEAL)
C WALKER
Notary Public
State of Idaho
STATE OF IDAHO )
ss:
Lz4 . ""I--
otai*y Pu is fojiaho
Residing at: ")/<,a L
My Commission Expires: oZ • 0
County of Ada, )
On this av day of �fCL Yd -It , 20t'6, before me, the undersigned, a Notary Public in and for said
State, personallyear
a ped / o -y known or identified to me to be the
�'W n of Global Senior Housing, LLC, and acknowledged to me that he executed the same on
behal f Aaid Company.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in
this certificate first above written.
SEAL �f
CYNDI WALKER Notary lic for-41ahQ
Notary Publlo Residing at: GQ2
State of Idaho My Commission Expires: /
STATE OF IDAHO
: ss
County of Ada
2011-+
On this day of t' a\'\ ,`20T6 -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 written.
•.•• gLE •�.
(SEAL) :�� �0 T� : Notary Public fbtjdaho
'4 ; Residing at: .Q1Le,CQ..t,CAl I —3/M4a
r Commission expires: 3-,a? - Q a
DEVELOPMEAAAt'A I.6".L M COMMONS SUBDIVISION H-2016-0066 PAGE 9 OF 9
STATE OF IDAHO
ss:
County of Ada,
owl%
On this .20 day of r/lar , before me, the undersigned, a Notary Public in and for said
State, personally appeared John Blakeslee, known or identified to me to be person who signed above and
acknowledged to me that he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in
this certificate fust above written.
(SEAL)
CYNDI WALKER
Notary Public
State of Idaho
STATE OF IDAHO )
ss:
Notary Public foaho
Residing at:Dot 5e
My Commission Expires: oZ • D
County of Ada, )
aoi7
On this ae) day of ad r6k before me, the undersigned, a Notary Public in and for said
State, personally appeared known or identified to me to be the
elflb e of Global Senior Housing, LLC, and acknowledged tome that he executed the same on
behal of Aaid Company.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in
this certificate first above written.
(SEAL)
CYNDI WALKER
Notary Public
State of Idaho
STATE OF IDAHO )
ss
County of Ada )
' r
Notary is fo ahQ
Residing at:
My Commission Expires: /,2-,,)Z-
On
,2•Dy•
On this day of , 2016 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 written.
(SEAL)
Notary Public for Idaho
Residing at:
Commission expires:
DEVELOPMENT AGREEMENT - BLAKESLEE COMMONS SUBDIVISION H-2016-0066 PAGE 9 OF 9
EXHIBIT A
BLAKESLEE COMMONS SUBDIVISION - H 2016-0066
EXHIBIT A
BLAKESLEE COMMONS SUBDIVISION - H 2016-0066
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). H-2016-0066
1 -
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND
DECISION & ORDER
In the Matter of the Request for Annexation and Zoning of 12.01 Acres of Land with an R-15 Zoning
District; and Preliminary Plat Consisting of seventy-four (74) single-family residential building lots and
twelve (12) common lots on 12.01 acres of land for Blakeslee Commons Subdivision located on the south
side of E. Ustick Road between N. Locust Grove Road and N. Eagle Road, by Global Senior Housing,
LLC.
Case No(s). H-2016-0066
For the City Council Hearing Date of: October 4 and October 18, 2016 (Findings on November 1,
2016)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of October 18, 2016, incorporated
by reference)
2. Process Facts (see attached Staff Report for the hearing date of October 18, 2016, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of October 18,
2016, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of October 18, 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-2016-0066
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-15 zoning district
with the requirement of a Development Agreement with the provisions noted in the Staff
Report for the hearing date of October 18, 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 October 18, 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 October 18, 2016
By action of the City Council at its regular meeting held on the day of /Ualem bw ,
2016.
COUNCIL PRESIDENT KEITH BIRD VOTED Yet
COUNCIL VICE PRESIDENT JOE BORTON VOTED Ya
COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED I4
COUNCIL MEMBER TY PALMER VOTED Y& t
COUNCIL MEMBER LUKE CAVENER VOTED Y1°C,
COUNCIL MEMBER GENESIS MILAM VOTED
MAYOR TAMMY de WEERD VOTED
TIE BREAKER)
Mayor Tamm .d
Attest:
m IcJjd
wo
C. ay C s %
City Clerk 01
Copy served upon Applicant, The Planning Division, Public Works Department and City Attorney.
By: C . -S'y C Dated:
City Clerk's Office
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). H-2016-0066
3-
EXHIBIT A
Blakeslee Commons Subdivision – H-2016-0066 PAGE 1
STAFF REPORT
Hearing Date: October 18, 2016
Continued from October 4th, 2016
TO: Mayor & City Council
FROM: Josh Beach, Associate City Planner
208-884-5533
Bruce Freckleton, Development Services Manager
208-887-2211
SUBJECT: Blakeslee Commons Subdivision – H-2016-0066
I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST
The applicant, Global Senior Housing , LLC, has submitted an application for annexation and zoning
AZ) of 12.01 acres of land with an R-15 zoning district; and a preliminary plat (PP) consisting of 74
single-family building lots and 12 common lots on 12.01 acres of land for Blakeslee Commons
Subdivision.
II. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed AZ and PP applications in accord with the conditions of
approval in Exhibit B and the Findings of Fact and Conclusions of Law in Exhibit D.
The Meridian Planning & Zoning Commission heard these items on September 15, 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: Wendy Shrief (applicant’s representative), Ron Walsh, John Blakeslee,
ii. In opposition:
iii. Commenting: John Blakeslee
iv. Staff presenting application: Josh Beach
v. Other staff commenting on application: Bill Parsons, Andrea Pogue
b. Key issue(s) of Public Testimony:
i. The current property owner (John Blakeslee) would like to remain in his home until
that particular phase (phase 3) is developed.
c. Key Issues of Discussion by Commission:
i. Timing of construction of the emergency access and if there is an easement in place to
cross the adjacent property?
ii. How the phasing is laid out and the timing of the phasing.
iii. In which phase should the Blakeslee home be demolished.
iv. Is bonding for the landscaping improvements appropriate for this development?
v. Does the project still have sufficient amenities if the pool is removed from the
amenities?
vi. Is the development adequately parked with the requested reduction in the number of
off-street parking spaces?
vii. Timing of the utility connection if the existing home is to remain for any period of time.
viii. The potential to include in the DA provisions that this be a 55 and older community and
that the lot number be capped at 74.
EXHIBIT A
Blakeslee Commons Subdivision – H-2016-0066 PAGE 2
ix. Whether to provide a common drive or a street to the property adjacent to the
northeast corner of the property.
d. Commission Change(s) to Staff Recommendation:
i. Modify condition 1.1.1d(3) to read as follows: Construct the proposed clubhouse,
outdoor kitchen and associated parking on Lot 20, Block 4 as proposed. The applicant
shall obtain CZC and DES approval prior to applying for a building permit to develop
the lot.
ii. Modify condition 1.1.2e to read as follows: The applicant shall provide a stub street to
the south or west boundary of parcel #S1105120653.
iii. Add condition 1.1.1f to read as follows: The development shall be limited to residents
who are 55 years of age and older.
iv. Add condition 1.1.1g to read as follows: The development shall be limited to 74 single-
family lots.
e. Outstanding Issue(s) for City Council:
i. None
The Meridian City Council heard this item on October 18, 2016. At the public hearings, the
Council moved to approve the AZ and PP request.
a. Summary of City Council Public Hearing:
i. In favor: Wendy Shrief, Pam Walsh, Nick Walsh, John Walsh, Marcus Tam, John
Blakeslee, Julie Blakeslee, Scott Blakeslee, Kent Brown
ii. In opposition: None
iii. Commenting: Pam Walsh, Kent Brown
iv. Written testimony: None
v. Staff presenting application: Josh Beach
vi. Other staff commenting on application: Ted Baird, Caleb Hood
b. Key Issues of Discussion by Council:
i. If the project is marketed towards people who are age 55 and over, how do you actually
restrict it to people who fit that definition?
ii. Concerns about how the CC&R document will restrict the age of people who purchase
and can live within the proposed development.
iii. Whether to allow the applicant to leave the South Slough open rather than have it tiled.
iv. Which amenities the applicant will be constructing as part of the project.
c. Key Council Changes to Staff/Commission Recommendation
i. Modify condition 2.1.2 to read as follows: Developer shall be required to provide a
second water main connection to the project to create a looped system. This second
connection can be a second connection to Ustick Road per the Public Works
Department; however a mainline valve will need to be installed in the Ustick Road main
at the new tee location to provide a means of isolation.
ii. Modify condition 1.1.1C3 to read as follows: Construct the proposed clubhouse, either
pool or outdoor kitchen and associated parking on Lot 20, Block 4 as proposed. The
applicant shall obtain CZC and DES approval prior to applying for a building permit to
develop the lot.
EXHIBIT A
Blakeslee Commons Subdivision – H-2016-0066 PAGE 3
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to recommend approval to the City
Council of File Number H-2016-0066, as presented in the staff report for the hearing date of
September 15, 2016, with the following modifications: (Add any proposed modifications).
Denial
After considering all staff, applicant and public testimony, I move to recommend denial to the City
Council of File Number H-2016-0066, as presented during the hearing on September 15, 2016, for the
following reasons: (You should state specific reasons for denial)
Continuance
I move to continue File Number H-2016-0066 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. Ustick Road between N. Locust Grove Road and N.
Eagle Road in the NE ¼ of Section 5, Township 3N., Range 1E.
B. Owners:
John Blakeslee
2545 E. Ustick Dr.
Meridian, ID 83616
C. Applicant:
Global Senior Housing, LLC
PO Box 1297
Eagle, ID 83616
D. Representative:
Horrocks Engineers
5700 E. Franklin Road Ste. 160
Nampa, ID 83687
E. Applicant's Statement/Justification: Please see applicant’s narrative for this information.
V. PROCESS FACTS
A. The subject application is for annexation and zoning and preliminary plat. A public hearing is
required before the Planning & Zoning Commission and City Council on this matter, consistent
with Meridian City Code Title 11, Chapter 5.
B. Newspaper notifications published on: August 22 and September 5, 2016 (Commission);
September 19 and September 26, 2016 (Council)
C. Radius notices mailed to properties within 300 feet on: August 22, 2016 (Commission);
September 16, 2016 (Council)
D. Applicant posted notice on site(s) on: September 1, 2016 (Commission) October 6, 2016
Council)
VI. LAND USE
EXHIBIT A
Blakeslee Commons Subdivision – H-2016-0066 PAGE 4
A. Existing Land Use(s) and Zoning: The annexation area is agricultural property developed with a
County residence and multiple outbuildings, zoned RUT in Ada County.
B. Character of Surrounding Area and Adjacent Land Use and Zoning:
1. North: E. Ustick Road; Single-family residential properties in Champion Park Subdivision,
zoned R-8.
2. East: Single-family residential properties zoned R-2 (City) and R-1 (Ada County)
3. South: Single-family residential properties zoned RUT (Ada County)
4. West: Single-family residential properties zoned RUT (Ada County)
C. History of Previous Actions: None
D. Utilities:
1. Location of sewer: This project falls within two sanitary sewer service areas, however, Public
Works has evaluated the project and has determined that the entire project can sewer to the
existing mainline in E. Ustick Road.
2. Location of water: Water mains intended to provide service to the proposed development
currently exist adjacent to the proposed development in E. Ustick Road.
3. Issues or concerns: Developer shall be required to provide a second water main connection to
the project to create a looped system. This second connection will need to come from the
east or west, N. Leslie Way or from an extension down N. Wingate Lane. A second
connection to E. Ustick Road along the project frontage will not satisfy this requirement.
This project falls within two sanitary sewer service areas, however, Public Works has
evaluated the project and has determined that the entire project can sewer to the existing
mainline in E. Ustick Road.
E. Physical Features:
1. Canals/Ditches Irrigation: The South Slough crosses the southern boundary of the property.
This waterway will remain open as part of the subject development.
2. Hazards: Staff is not aware of any hazards that exist on this property.
3. Flood Plain: This site does not lie within the Meridian Floodplain Overlay District.
VII. COMPREHENSIVE PLAN POLICIES AND GOALS
The Comprehensive Plan Future Land Use Map (FLUM) designates this site as Medium Density
Residential (MDR). MDR designated areas allow smaller lots for residential purposes within City
limits. Uses may include single-family homes at gross densities of 3 to 8 dwelling units per acre
d.u./acre).
The applicant proposes to develop this 12.01 acre site with 74 single-family detached residential
structures. The project will have a gross density of 6.16 dwelling units per acre (d.u./acre) and a net
density of 9.35 d.u./acre, which is consistent with the density desired in MDR designated areas.
Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to
the proposed use (staff analysis in italics):
Support a variety of residential categories (low-, medium-, medium-high
and high-density single-family, multi-family, townhouses, duplexes,
apartments, condominiums, etc.) for the purpose of providing the City
with a range of affordable housing opportunities.” (3.07.01E)
EXHIBIT A
Blakeslee Commons Subdivision – H-2016-0066 PAGE 5
The proposed single-family detached dwellings will contribute to the variety of housing types
available within the City.
Permit new development only where urban services can be reasonably provided at the time
of final approval and development is contiguous to the City.” (3.01.01F)
City services are available and will be extended by the developer to the proposed lots upon
development of the site in accord with UDC 11-3A-21.
Require common area in all subdivisions.” (3.07.02F)
The proposed plat depicts a total of 1.49 acres (or 12.5%) 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 north side of the South Slough. This segment of the pathway must be 10
feet wide and will be required to be paved in accord with UDC 11-3A-8 and landscaped in
accord with UDC 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 stub streets to the west and south for future development. Staff also
requires that the applicant extend a stub street to parcel# S1105120653 to allow for future
development.
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 north side of the South
Slough. The applicant is also proposing 5-foot attached sidewalks that will connect to an
existing sidewalk to the north along E. Ustick Road. The applicant is also proposing to stub a
5-foot sidewalk to the south, and west. Staff is also requiring a sidewalk to be stubbed to the
east in conjunction with a stub street. Staff is requesting that the applicant combine and
realign two common lots (Lots 11 and 19, Block 2) so the lots line up with the proposed north
section of Lot 4, Block 2. This will provide a visual corridor through the proposed
subdivision and does not provide blind spots in between the houses.
Reduce the number of existing access points onto arterial streets by using methods such as
cross access agreements, access management and frontage/backage roads.” (3.03.02N)
The submitted plat depicts one access point to E. Ustick Road as well as a stub a street on the
west boundary and one stub street on the south boundary for future extension. To ensure the
1.169 acre parcel in the northeast corner of the development will have street frontage in the
future, staff recommends that the applicant stub a street to this parcel in order to
accommodate future development without requiring an additional access point to E. Ustick
Road.
Require new residential development to meet development standards regarding landscaping,
signage, fences and walls, etc.” (3.05.02C)
Street buffer landscaping is required adjacent to E. Ustick Road in accord with the standards
listed in UDC 11-3B-7C. Separate permits shall be obtained for signage and fencing in
compliance with the standards listed in UDC 11-3D-5 and 11-3A-7 respectively.
EXHIBIT A
Blakeslee Commons Subdivision – H-2016-0066 PAGE 6
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 South Slough open, to provide fencing as required by
the UDC, to install landscaping, and construct the regional pathway.
For the above stated reasons, staff finds the proposed project is generally consistent with the goals
and objectives in the Comprehensive Plan.
VIII. UNIFIED DEVELOPMENT CODE (UDC)
A. Purpose Statement of Zone: Per UDC 11-2A-1, the purpose of the residential districts is to
provide for a range of housing opportunities consistent with the Meridian comprehensive plan.
Residential districts are distinguished by the allowable density of dwelling units per acre and
corresponding housing types that can be accommodated within the density range. The medium
density residential (R-15) district allows a maximum gross density of 15 dwelling units per acre.
B. Schedule of Use: Unified Development Code (UDC) Table 11-2A-7 lists the principal permitted
P), accessory (A), conditional (C), and prohibited (-) uses in the R-15 zoning district. Any use
not explicitly listed, or listed as a prohibited use is prohibited. The proposed uses of the site for
single-family detached dwellings are principally permitted uses in the R-15 zoning district.
C. Dimensional Standards: Development of the site should be consistent with the dimensional
standards listed in UDC Tables 11-2A-7 for the R-15 zoning district.
D. Landscaping:
Street buffer landscaping shall be installed in accordance with the standards listed in UDC
Table 11-2A-7 and UDC 11-3B-7C for the R-15 zoning district.
The proposed micropaths and pathways shall comply with the design standards in accord with
UDC 11-3A-8 and UDC 11-3B-12.
Per UDC 11-3G-3, the plat is required to provide 10 percent open space and one amenity for
every 20 acres of development area.
E. Off-Street Parking: Off-street parking is required in accord with UDC 11-3C-6A for the proposed
single-family development. For two, three and four bedroom units, four (4) parking spaces are
required; at least two in an enclosed garage. The applicant has submitted a concurrent alternative
compliance application to deviate from this requirement. (See analysis below.)
The clubhouse is required to comply with the parking standards set forth in UDC 11-3C-6B.
IX. ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
1. Annexation & Zoning
The applicant has applied for annexation and zoning of 12.01 acres of land with an R-15 zoning
district. As discussed above in Section VII, staff believes the proposed zoning designations are
generally consistent with the policies in the Comprehensive Plan.
EXHIBIT A
Blakeslee Commons Subdivision – H-2016-0066 PAGE 7
The applicant proposes to develop 74 new single-family residential 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
The proposed plat consists of 74 building lots and 12 common lots on 12.01 acres of land in a
proposed R-15 zoning district (see Exhibit A.2). The gross density for the subdivision is 6.16
d.u./acre with a net density of 9.35 d.u./acre. The average lot size is 4,800 square feet.
Dimensional Standards: Development of this site is required to comply with the dimensional
standards listed in UDC 11-2A-3 and Table 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. The R-15 zone
is being requested by the applicant to have greater flexibility in the dimensional standards,
specifically 3-foot interior side yard setback.
Access: Access is proposed for this site via one access from E. Ustick Road, For future
connectivity, the applicant is proposing to provide two (2) stub streets; one to the north and the
other on the west. As mentioned above, staff has concerns with the limited connectivity in the
area, therefore, staff recommends that an additional stub street be provided on the east boundary
of the development or the north boundary of parcel #S1105120653 for increased connectivity, in
lieu of the common driveway as currently proposed.
Due to the limited vehicular connectivity to the property and due to the fact that the
property lacks a secondary access point, the fire code limits the development to 30 homes.
Once a secondary or emergency access point is provided (that meets the requirements of the fire
department) the applicant will be allowed to construct additional homes. The plat indicates an
emergency access is proposed across Lots 40-42, Block 3. Staff anticipates that the emergency
access will be provided in this location, however a recorded agreement has not been provided.
Staff recommends that the applicant provide a recorded copy of the easement with submittal of
the first final plat application.
Phasing: The applicant submitted a phasing plan that indicates the emergency access will be in
the second phase. The number of homes approved with the second phase (40 total lots between
phase 1 and phase 2) will be greater than the 30 allowed prior to the required emergency access
easement, therefore the applicant will need to provide a recorded emergency access prior to
submission of the second final plat application
Common Driveways: The applicant is proposing five (5) common driveways in this project. All
common driveways should comply with the standards listed in UDC 11-6C-3D. Staff has
reviewed the dimensions of the common driveways depicted on the plat and they are consistent
with these standards. Unless limited by a significant geographical feature, or separated by a
minimum 5-foot wide landscaped common lot, all properties that abut a common driveway
shall take access from the driveway.
A perpetual ingress/egress easement is required to be filed with the Ada County Recorder,
which shall include a requirement for maintenance of a paved surface capable of supporting
fire vehicles and equipment.
EXHIBIT A
Blakeslee Commons Subdivision – H-2016-0066 PAGE 8
For any plats using a common driveway, the setbacks, building envelope, and orientation of
the lots and structures are required to be shown on the preliminary plat and/or as an
exhibit with the final plat application.
Parking: For single-family developments, off-street parking is required in accord with the
standards listed in UDC Table 11-3C-6 as follows:
The applicant is proposing to construct all 2 and 3-bedroom single-family homes,
therefore 4 parking spaces per unit are required; at least 2 in an enclosed garage and 2 on
a driveway.
The submitted site plan depicts five (5) common driveways from which the applicant is requesting
to allow a five (5) foot garage setback. The Lots include 34-36, 37-39, 40-42, and 43-45 of Block
3, Lots 21-23, 24-26, and 28-31 of Block 4 and Lots 8-10 of Block 5. The applicant is asking for
alternative compliance to reduce the parking on 25 of the lots in the development and to allow
that parking to be located in a number of parking lots to be located in close proximity to the
subject homes. For that number of lots (25), the UDC requires that the applicant provide 50 off-
street parking spaces on a driveway. The applicant is proposing nineteen (19) off-street parking
spaces to be located in close proximity to the subject properties. Staff is recommending that the
applicant provide two (2) parking stalls at the end of each of the five (5) common driveways.
This change will bring two (2) of the spaces closer to the units that will utilize them and limit
their use by the other units in the development. Staff’s recommendation will bring the number
of off-street parking proposed for these twenty-five (25) homes to twenty-nine (29), or a little
greater than 50% of what the UDC requires. A certain number of the nineteen (19) proposed
off-street parking stalls will be allocated to the proposed clubhouse. The number of required
spaces for the clubhouse is based on the UDC requirement for 1 space for every 500 square
feet of gross floor area.
In considering the alternative compliance staff is supportive for the following reasons:
1. This development is going to be marketed to the 55 and over demographic, limiting the
number of vehicles that will need to be accommodated per unit.
2. The width of the proposed streets (specifically Street G and Street F) in proximity to the lots
for which alternative compliance is requested can accommodate parking on one side of the
street.
The applicant should install wheel stops in all of the parking stalls to minimize vehicle overhang
onto an adjacent sidewalk or landscaping area.
Landscaping: A landscape plan was submitted with this application for the area proposed to be
platted as shown in Exhibit A.3.
A 25-foot wide street buffer is required along E. Ustick Road, an arterial street, per UDC Table
11-2A-6 and 11-2A-7, and is required to be landscaped in accord with the standards listed in
UDC 11-3B-7C. Staff recommends this buffer be constructed with the first phase of
development. The gravel adjacent to E. Ustick Road between the sidewalk and the curb needs to
be removed and landscaped according to UDC 11-3B-7C.
The existing fence along Ustick Road also needs to be removed or relocated to the interior edge
of the landscape buffer per UDC 11-3B-7C.
Landscaping within the common areas is required in accord with the standards listed in UDC 11-
3G-3E. The landscape plan complies with these standards.
EXHIBIT A
Blakeslee Commons Subdivision – H-2016-0066 PAGE 9
Landscaping is required along all pathways in accord with the standards listed in UDC 11-3B-
12C. If the Irrigation District does not allow landscaping within their easement, provide an
additional 5 feet outside of the easement for landscaping.
Staff recommends that the applicant consolidate two common lots (Lots 11 and 19, Block 2)
into a single common lot in the general vicinity between lots 14 and 15, Block 2, to increase
visibility on Lot 4, Block 2.
Tree Mitigation: If there are existing trees on the site that are proposed to be removed; the
applicant should contact Elroy Huff, City Arborist, at 888-3579 to schedule an appointment to
confirm mitigation requirements prior to removal of any trees on the site.
Open Space: A minimum of 10% qualified open space is required to be provided for this
development in accord with UDC 11-3G-3A.1. Based on the area of the preliminary plat (12.01
acres), a minimum of 1.20 acres of qualified open space is required to be provided as set forth in
UDC 11-3A-3B. A total of 12.5% of qualified open space is proposed consisting of ½ the street
buffer along E. Ustick Road, the regional pathway along the South Slough, the micropath lot and
internal common open space area (50’ x 100’) comply with this requirement. To increase the
usability of the central open space lot staff recommends that the applicant consolidate two
common lots (Lots 11 and 19, Block 2) into a single common lot in the general vicinity
between Lots 14 and 15, Block 2 and add a 5-foot wide walking path that connects Street B
to Street F.
Site Amenities: All developments consisting of five acres of more are required to provide a
minimum of one site amenity; one additional site amenity is required for each additional 20 acres
per UDC 11-3G-3A.2, in accord with the standards listed in UDC 11-3G-3C. Based on the area of
the preliminary plat (12.01 acres), staff requires a minimum of 1 qualified site amenities be
provided. The applicant proposes to provide a central common area, a clubhouse, pool and a
segment of the City’s multi-use recreational pathway on the south boundary. As noted above,
staff is recommending additional 5-foot wide walking path through Lot 4, Block 2 to increase
pedestrian connectivity within the proposed development.
Staff is supportive of the amenity package for the development however; staff recommends
that the clubhouse and pool (Lot 20, Block 4) and the central open space (Lot 4, Block 2),
including the walking path is constructed with the first phase of development.
Pathways: The Pathways Master Plan depicts a regional pathway on this site along the north side
of the South Slough. The applicant proposes to provide the extension of the regional pathway as
an amenity for the proposed subdivision. The 10-foot multi-use pathway must be paved and
landscaped in accord with the standards set forth in UDC 11-3A-8 and UDC 11-3B-12. The
landscape plan needs to be modified to show a 10-foot pathway along the north side of the South
Slough and shall run from the west property line along the South Slough and shall run to the
south property line. This 10-foot multi-use pathway shall be separate from the 5-foot sidewalks
adjacent to the streets.
A recreational pathway easement for the pathway is required to be submitted to the Park’s
Department, approved by City Council and recorded.
Fencing: fencing was not prosed with the subject application however there is an existing fencing
adjacent to E. Ustick Road that must be relocated or removed with the installation of the
landscape improvements adjacent to E. Ustick Road. The fencing as currently constructed would
be located within the landscape buffer which is prohibited in accord with UDC 11-3B-7C2c. All
fencing should comply with the standards listed in UDC 11-3A-6B and 11-3A-7.
EXHIBIT A
Blakeslee Commons Subdivision – H-2016-0066 PAGE 10
Per UDC 11-3A-7A.7, the developer is responsible to construct fencing adjacent to
micropath connections to distinguish common from private areas. Additionally, per UDC
11-3A-6B, the South Slough is required to be fenced with an open vision fence at least 6 feet
in height and having an 11-guage, 2-inch mesh or other construction, equivalent in ability to
deter access to the waterway. Fencing adjacent to all interior pathways and common open space
shall meet the requirements of UDC 11-3A-7. With the submittal of a final plat application, the
applicant should provide a master fence plan.
Sidewalks: Sidewalks are required along all public streets as set forth in UDC 11-3A-17. The
applicant proposes to construct 5-foot wide attached sidewalks throughout the development. A 5-
foot wide detached sidewalk exists along Ustick Road with the recent expansion of the street.
Utilities: All development is required to connect to the City water and sewer system unless
otherwise approved by the City Engineer in accord with UDC 11-3A-21.
Street lighting is required to be installed within the development in accord with the City’s
adopted standards, specifications and ordinances.
Pressurized Irrigation (PI): An underground PI system is required to be provided to each lot in
the subdivision as proposed in accord with UDC 11-3A-15.
Waterways: The South Slough runs along the south property line of the property. The South
Slough lies within an 80-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 South Slough to remain open due to its large capacity.
Building Elevations: The applicant has submitted some conceptual sample building elevations
for future homes in this development, included in Exhibit A.4. Building materials appear to
consist of a mix of horizontal lap siding, stone accents.
The development of Lot 20, Block 4 requires CZC and DES approval. Details of the proposed
clubhouse have not been provided to staff. Prior to the Commission hearing, the applicant shall
provide architectural elevations as well as a floor plan for the proposed structure.
Because homes on lots that back up to E. Ustick Road will be highly visible, staff
recommends the rear or sides of structures on lots that face the street incorporate
articulation through changes in materials, color, modulation, and architectural elements
horizontal and vertical) to break up monotonous wall planes and roof lines.
In summary, Staff recommends approval of the proposed annexation and preliminary plat request
for this site with a development agreement and the recommended conditions listed in Exhibit B of
this report in accord with the Findings contained in Exhibit D.
X. EXHIBITS
A. Drawings
1. Vicinity Map
2. Proposed Preliminary Plat (dated: 07/26/16)
3. Proposed Landscape Plan (dated: 07/26/16)
4. Conceptual Building Elevations
B. Agency & Department Comments/Conditions
EXHIBIT A
Blakeslee Commons Subdivision – H-2016-0066 PAGE 11
C. Legal Description & Exhibit Map
D. Required Findings from Unified Development Code
EXHIBIT A
Blakeslee Commons Subdivision – H-2016-0066 PAGE 9
A. Drawings
1. Vicinity Map
EXHIBIT A
Blakeslee Commons Subdivision – H-2016-0066 PAGE 10
2. Proposed Preliminary Plat (dated: 07/26/16)
EXHIBIT A
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3. Proposed Landscape Plan (dated; 07/26/16)
EXHIBIT A
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4. Conceptual Building Elevations
EXHIBIT A
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EXHIBIT A
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EXHIBIT A
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B. EXHIBIT B - AGENCY & DEPARTMENT COMMENTS/CONDITIONS
1. PLANNING DEPARTMENT
1.1 Site Specific Conditions of Approval
1.1.1 A Development Agreement (DA) is required as a provision of annexation of this property. Prior
to the annexation ordinance approval, a DA shall be entered into between the City of Meridian,
the property owner(s) at the time of annexation ordinance adoption, and the developer.
Currently, a fee of $303.00 shall be paid by the applicant to the Planning Division prior to
commencement of the DA. The DA shall be signed by the property owner and returned to the
City within six (6) months of the City Council granting annexation. The DA shall, at minimum,
incorporate the following provisions:
a. Except the public street access to E. Ustick Road, direct lot access to E. Ustick Road, an
arterial street, is prohibited in accord with UDC 11-3A-3.
b. The applicant shall comply with the submitted home elevations attached in Exhibit A.4.
Future homes adjacent to E. Ustick Road (Lots 2-6, Block 6, and Lots 2-5, Block 1) shall
incorporate a mix of materials, windows and decorative trim, and two variations in the roof
lines to provide articulation and modulation to the side and rear facades that face the arterial
street.
c. With the first phase of development, the applicant shall install landscaping and site amenities
as follows:
1. Construct the entire landscape buffer along E. Ustick Road, including replacing the
existing gravel with vegetation and removing/relocating the existing split rail fence to the
interior edge of the buffer in accord with UDC 11-3B-7C;
2. Construct Lot 4, Block 2, including the consolidation of Lots 11 and 19, Block 2 into a
single common lot in the general vicinity between Lots 14 and 15, Block 2 and add a 5-
foot wide walking path that connects Street B to Street F.
3. Construct the proposed clubhouse, either pool or outdoor kitchen and associated parking
on Lot 20, Block 4 as proposed. The applicant shall obtain CZC and DES approval prior
to applying for a building permit to develop the lot.
d. With submittal of the second final plat application, (and before the 31st building permit is
issued) the applicant shall provide a copy of a recorded emergency access to Wingate Lane.
Said easement shall meet all of the requirements of the fire department.
f. The development shall be limited to residents who are 55 years of age and older.
g. The development shall be limited to 74 single-family lots.
1.1.2 The preliminary plat included in Exhibit A.2, dated 07/26/16, shall be revised as follows:
a. For all common driveways, a perpetual ingress/egress easement is required to be filed with
the Ada County Recorder, which shall include a requirement for maintenance of a paved
surface capable of supporting fire vehicles and equipment.
b. With the final plat application, the applicant shall provide an exhibit that shows the setbacks,
building envelope, and orientation of the lots and structures on all common lots.
c. A perpetual ingress/egress easement is required to be filed with the Ada County Recorder,
which shall include a requirement for maintenance of a paved surface capable of supporting
fire vehicles and equipment.
EXHIBIT A
Blakeslee Commons Subdivision – H-2016-0066 PAGE 16
d. Prior to the final plat application for phase 1 of the proposed development, the applicant shall
provide a copy of the recorded emergency access easement.
e. The applicant shall provide a stub street to the west or south boundary of parcel
S1105120653.
f. The applicant shall provide two (2) parking stalls at the end of each of the five (5) common
driveways. This change will bring the spaces closer to the units that will utilize them and
limit their use by the other units in the development that meet the off-street parking
requirements of the UDC. The applicant shall install wheel stops in all of the parking stalls to
minimize vehicle overhang onto an adjacent sidewalk or landscaping area.
1.1.3 The landscape plan included in Exhibit A.4, dated 07/26/16, shall be revised as follows:
1. The applicant shall realign and combine two common lots (Lots 11 and 19, Block 2) so
that the single common lot lines up with the existing Lot 4, Block 2.
2. The 10-foot multi-use pathway shall be paved and landscaped in accord with the
standards set forth in UDC 11-3A-8 and UDC 11-3B-12. The landscape plan shall be
modified to show a 10-foot pathway along the north side of the South Slough and
shall run from the west property line along the South Slough and shall run to the
south property line. This 10-foot multi-use pathway shall be separate from the 5-
foot sidewalks adjacent to the streets.
3. A recreational pathway easement for the pathway is required to be submitted to the
Park’s Department, approved by City Council and recorded.
4. The applicant shall provide a micropath within that central common area on Lot 4,
Block 2 from “Street B” to “Street F”. This requirement is in line with another staff
recommendation to realign Lots 11 and 19, Block 2 to mirror the existing Lot 4,
Block 2.
5. Include fencing adjacent to all micropath connections to distinguish common from
private areas, per UDC 11-3A-7A.7.Provide a detail fence plan with each subsequent
final pat application.
6. The South Slough is required to be fenced with an open vision fence at least 6 feet in
height and having an 11-guage, 2-inch mesh or other construction, equivalent in ability to
deter access to the waterway in accord with UDC 11-3A-6B.
7. 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.
8. Landscaping is required adjacent to the multi-use pathway along the north side of the
South Slough 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.
9. Construct the 25-foot wide landscape buffer adjacent to E. Ustick Road in accord with
UDC 11-3B-7C.The gravel adjacent to E. Ustick Road between the sidewalk and the curb
shall be removed and landscaped in accord with UDC 11-3B-7C.
10. The existing fence along Ustick Road shall be removed or relocated to the interior edge
of the landscape buffer per UDC 11-3B-7C.
EXHIBIT A
Blakeslee Commons Subdivision – H-2016-0066 PAGE 17
1.1.4 A paved, 10-foot wide multi-use pathway and associated landscaping shall be constructed along
the north side of the South Slough in accord with the Pathways Master Plan. A 14-foot wide
recreational pathway easement is required to be provided along the north side of the South Slough
for the multi-use pathway. The applicant shall coordinate with Jay Gibbons, Park’s Department
208-888-3579), on the location of the easement. The easement should be submitted to the Park’s
Department for approval by the City Council and subsequent recordation, prior to signature on
the final plat by the City Engineer.
1.1.5 A CZC and DES application is required to be submitted prior to issuance of building permits for
the clubhouse. The applicant must comply with the design standards listed in UDC 11-3A-19 and
the guidelines contained in the Architectural Standards Manual.
1.1.6 Details of the proposed clubhouse have not been provided to staff. Prior to the Commission
hearing, the applicant shall provide architectural elevations as well as a floor plan for the
proposed structure.
1.1.7 Per UDC 11-5B-5B2, the Director approved the applicant’s request for alternative compliance to
the parking standards listed in UDC 11-3C-6B per the site plan included in Exhibit A.2.
1.2 General Conditions of Approval
1.2.1 Comply with all bulk, use, and development standards of the R-15 zoning district listed in UDC
Table 11-2A-7.
1.2.2 Comply with all provisions of 11-3A-3 with regard to access to streets.
1.2.3 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set
forth in UDC 11-3A-6.
1.2.4 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11-3A-
15, UDC 11-3B-6 and MCC 9-1-28.
1.2.5 Comply with the sidewalk standards as set forth in UDC 11-3A-17.
1.2.6 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-5J.
1.2.7 Construct the required landscape buffers consistent with the standards as set forth in UDC 11-3B-
7C.
1.2.8 Construct storm water integration facilities that meet the standards as set forth in UDC 11-3B-
11C.
1.2.9 Construct all parkways consistent with the standards as set forth in UDC 11-3A-17E, 11-3G-3B5
and 11-3B-7C.
1.2.10 Comply with all subdivision design and improvement standards as set forth in UDC 11-6C-3,
including but not limited to cul-de-sacs, alleys, driveways, common driveways, easements,
blocks, street buffers, and mailbox placement.
1.2.11 Protect any existing trees on the subject property that are greater than four-inch caliper and/or
mitigate for the loss of such trees as set forth in UDC 11-3B-10.
1.2.12 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle.
1.3 Ongoing Conditions of Approval
1.3.1 The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets
the standards as set forth in UDC 11-3B-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.
EXHIBIT A
Blakeslee Commons Subdivision – H-2016-0066 PAGE 18
1.3.2 All common open space and site amenities shall be maintained by an owner's association as set
forth in UDC 11-3G-3F1.
1.3.3 The project is subject to all current City of Meridian ordinances.
1.3.4 The applicant and/or property owner shall have an ongoing obligation to prune all trees to a
minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the
area.
1.3.5 The applicant shall have an ongoing obligation to maintain all pathways.
1.3.6 The applicant has a continuing obligation to comply with the outdoor lighting provisions as set
forth in UDC 11-3A-11.
1.3.7 The applicant and/or property owner shall have an ongoing obligation to maintain all landscaping
and constructed features within the clear vision triangle consistent with the standards in UDC 11-
3A-3.
1.4 Process Conditions of Approval
1.4.1 No signs are approved with this application. Prior to installing any signs on the property, the
applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3
Article D and receive approval for such signs.
1.4.2 The applicant shall complete all improvements related to public life, safety, and health as set forth
in UDC 11-5C-3B. A surety agreement 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.
1.4.6 Upon installation of the landscaping and prior to inspection by Planning Division staff, the
applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A.
2. PUBLIC WORKS DEPARTMENT
2.1 SITE SPECIFIC CONDITIONS OF APPROVAL
2.1.1 A street lighting plan will be required with the submittal of development plans. Plan
requirements can be found in section 6-5 of the Improvement Standards for Street Lighting at
http://www.meridiancity.org/public_works.aspx?id=272
2.1.2 Developer shall be required to provide a second water main connection to the project to create a
looped system. This second connection can be a second connection to Ustick Road per the Public
Works Department; however a mainline valve will need to be installed in the Ustick Road main at
the new tee location to provide a means of isolation.
2.1.3 This project falls within two sanitary sewer service areas, however, Public Works has evaluated
the project and has determined that the entire project can sewer to the existing mainline in E.
Ustick Road.
2.2 General Conditions of Approval
EXHIBIT A
Blakeslee Commons Subdivision – H-2016-0066 PAGE 19
2.2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works
Department, and execute standard forms of easements for any mains that are required to provide
service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover
from top of pipe to sub-grade is less than three feet than alternate materials shall be used in
conformance of City of Meridian Public Works Departments Standard Specifications.
2.2.2 Per Meridian City Code (MCC), the applicant shall be responsible to install sewer and water
mains to and through this development. Applicant may be eligible for a reimbursement
agreement for infrastructure enhancement per MCC 8-6-5.
2.2.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of
way (include all water services and hydrants). The easement widths shall be 20-feet wide for a
single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but
rather dedicated outside the plat process using the City of Meridian’s standard forms. The
easement shall be graphically depicted on the plat for reference purposes. Submit an executed
easement (on the form available from Public Works), a legal description prepared by an Idaho
Licensed Professional Land Surveyor, which must include the area of the easement (marked
EXHIBIT A) and an 81/2” x 11” map with bearings and distances (marked EXHIBIT B) for
review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO
NOT RECORD. Add a note to the plat referencing this document. All easements must be
submitted, reviewed, and approved prior to the City Engineers signatures on the final plat.
2.2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water (MCC 9-1-28C1). The applicant should be required to use any existing surface or
well water for the primary source. If a surface or well source is not available, a single-point
connection to the culinary water system shall be required. If a single-point connection is utilized,
the developer will be responsible for the payment of assessments for the common areas prior to
prior to receiving development plan approval.
2.2.5 All existing structures that are required to be removed shall be prior to signature on the final plat
by the City Engineer.
2.2.6 All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting,
crossing or laying adjacent and contiguous to the area being subdivided shall be tiled per UDC
11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any
other applicable law or regulation.
2.2.7 Any existing domestic well system within this project shall be removed from domestic 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.
EXHIBIT A
Blakeslee Commons Subdivision – H-2016-0066 PAGE 20
2.2.11 All development improvements, including but not limited to sewer and water, fencing, micro-
paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining
certificates of occupancy.
2.2.12 Applicant shall be required to pay Public Works development plan review, and construction
inspection fees, as determined during the plan review process, prior to the issuance of a plan
approval letter.
2.2.13 It shall be the responsibility of the applicant to ensure that all development features comply with
the Americans with Disabilities Act and the Fair Housing Act.
2.2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting
that may be required by the Army Corps of Engineers.
2.2.15 Developer shall coordinate mailbox locations with the Meridian Post Office.
2.2.16 All grading of the site shall be performed in conformance with MCC 11-1-4B.
2.2.17 Compaction test results shall be submitted to the Meridian Building Department for all building
pads receiving engineered backfill, where footing would sit atop fill material.
2.2.18 The engineer shall be required to certify that the street centerline elevations are set a minimum of
3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom
elevation of the crawl spaces of homes is at least 1-foot above.
2.2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or
drainage facility within this project that do not fall under the jurisdiction of an irrigation district
or ACHD. The design engineer shall provide certification that the facilities have been installed in
accordance with the approved design plans. This certification will be required before a certificate
of occupancy is issued for any structures within the project.
2.2.20 At the completion of the project, the applicant shall be responsible to submit record drawings per
the City of Meridian AutoCAD standards. These record drawings must be received and approved
prior to the issuance of a certification of occupancy for any structures within the project.
2.2.21 100 Watt and 250 Watt, high-pressure sodium street lights shall be required on all public
roadways per the City of Meridian Improvement Standards for Street Lighting. All street lights
shall be installed at developer’s expense. Final design shall be submitted as part of the
development plan set for approval, which must include the location of any existing street lights.
Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street
Lighting. A copy of the standards can be found on the city of meridian Public Works
Department’s website at http://www.meridiancity.org/public_works.aspx?id=272. The
contractor’s work and materials shall conform to the ISPWC and the City of Meridian
Supplemental Specifications to the ISPWC.
2.2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount
of 125% of the total construction cost for all incomplete sewer, water and reuse infrastructure
prior to final plat signature. This surety will be verified by a line item cost estimate provided by
the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash
deposit or bond. Applicant must file an application for surety, which can be found on the
Community Development Department website. Please contact Land Development Service for
more information at 887-2211.
2.2.23 The City of Meridian requires that the owner post to the City a warranty surety in the amount of
20% of the total construction cost for all completed sewer, water and reuse infrastructure for
duration of two years. This surety will be verified by a line item cost estimate provided by the
owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash
EXHIBIT A
Blakeslee Commons Subdivision – H-2016-0066 PAGE 21
deposit or bond. Applicant must file an application for surety, which can be found on the
Community Development Department website. Please contact Land Development Service for
more information at 887-221.
3. POLICE DEPARTMENT
3.1 The Police Department has no comment on this application.
4. FIRE DEPARTMENT
4.1.1 One and two family dwellings not exceeding 3,600 square feet require a fire-flow of 1,000
gallons per minute for a duration of 2 hours to service the entire project. One and two family
dwellings in excess of 3,600 square feet require a minimum fire flow as specified in Appendix B
of the International Fire Code. Fire Hydrant spacing shall be provided as required by Appendix C
of the International Fire Code.
4.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department in accordance
with International Fire Code Section (IFC) 508.5.4 as follows:
a. Fire hydrants shall have the 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.
4.3 In accordance with International Fire Code Section 503.2.5 and Appendix D, any roadway greater
than 150 feet in length that is not provided with an outlet shall be required to have an approved
turn around. Phasing of the project may require a temporary approved turn around on streets
greater than 150' in length with no outlet.
4.4 All entrances, internal roads, drive aisles, and alleys shall have a turning radius of 28’ inside and
48’ outside, per International Fire Code Section 503.2.4.
4.5 All common driveways shall be straight or have a turning radius of 28’ inside and 48’ outside and
have a clear driving surface of 20’ in width capable of supporting an imposed weight of 75,000
GVW, per International Fire Code Section 503.2.
4.6 Private Alleys and Fire Lanes shall have a 20’ wide improved surface capable of supporting an
imposed load of 75,000 lbs. All roadways shall be marked in accordance with Appendix D
Section D103.6 Signs.
4.7 Provide signage (“No Parking Fire Lane”) for all fire lanes in accordance with International Fire
Code Sections 503.4 & D103.6.
4.8 Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set forth
in International Fire Code Section 304.1.2.
4.9 Fire lanes, streets, and structures (including the canopy height of mature trees) shall have a vertical
clearance of 13’6 as set forth in International Fire Code Section 503.2.1.
4.10 Operational fire hydrants, temporary or permanent street signs, and access roads with an all-weather
surface are required to be installed before combustible construction material is brought onto the site,
EXHIBIT A
Blakeslee Commons Subdivision – H-2016-0066 PAGE 22
as set forth in International Fire Code Section (IFC) 501.4 and Meridian amendment to IFC 10-4-2J.
4.11 All portions of the buildings located on this project must be within 150’ of a paved surface as
measured around the perimeter of the building as set forth in International Fire Code Section
503.1.1.
4.12 To increase emergency access to the site a minimum of two points of access will be required for any
portion of the project which serves more than 30 homes, as set forth in International Fire Code
Section D107.1. The two entrances should be separated by no less than ½ the diagonal measurement
of the full development as set forth in International Fire Code Section D104.3. The applicant shall
provide a stub street to the property to the (west/east/north/south).
4.13 The fire department requests that any future signalization installed as the result of the
development of this project be equipped with Opticom sensors to ensure a safe and efficient
response by fire and emergency medical service vehicles. The cost of this installation is to be
borne by the developer. (National Fire Protection Std 1141 Section 5.2.11.1)
4.14 Maintain a separation of 5’ from the building to the dumpster enclosure as set forth in
International Fire Code Section 304.3.3.
4.15 All portions of the buildings located on this project must be within 150’ of a paved surface as
measured around the perimeter of the building as set forth in International Fire Code Section
503.1.1.
4.16 All electric gates are required to be 20’ in width and equipped with a Knoxbox key switch as set
forth in International Fire Code Section 503.6 & National Fire Protection Standard 1141, Section
5.3.17.3.
4.17 Buildings over 30’ in height are required to have access roads in accordance with the
International Fire Code Appendix D Section D105.
5. REPUBLIC SERVICES
5.1 All lots on common driveways need to get their carts to the street for trash pickup.
6. PARKS DEPARTMENT
6.1 The City's Pathways Master Plan identifies a 10' multi-use pathway along the north bank of the
South Slough. The developer is required to provide a public pedestrian access easement for this
pathway segment across the entire width of the development to the City and is required to
construct the pathway per the City's pathway design standards. Contact Jay Gibbons, Parks &
Pathways Project Manager to coordinate pathway and easement requirements.
6.2 Prior to City Engineer signature on the final plat, the applicant shall provide a pedestrian pathway
easement covering the required multi-use pathway along the South Slough for signature and
recordation by the City.
6.3 The applicant shall have an ongoing obligation to maintain all pathways.
7. ADA COUNTY HIGHWAY DISTRICT
7.1 Site Specific Conditions of Approval
7.1.1 At the time that this staff report was written, comments had not been received by ACHD
EXHIBIT A
Blakeslee Commons Subdivision – H-2016-0066 PAGE 23
C. Legal Description & Exhibit Map for Zoning Designation Boundaries
EXHIBIT A
Blakeslee Commons Subdivision – H-2016-0066 PAGE 24
EXHIBIT A
Blakeslee Commons Subdivision – H-2016-0066 PAGE 25
D. Required Findings from Unified Development Code
1. Annexation Findings:
Upon recommendation from the Commission, the Council shall make a full investigation
and shall, at the public hearing, review the application. In order to grant an annexation, the
Council shall make the following findings:
a. The map amendment complies with the applicable provisions of the Comprehensive
Plan;
The Applicant is proposing to annex the subject 12.01 acre property with an R-15 zoning
district and develop 74 new single-family residential homes. The Council finds that the
proposed map amendment complies with the provisions of the Comprehensive Plan and
should be compatible with adjacent residential uses if the plat is revised per the conditions of
approval in Exhibit B (see section VII above for more information).
b. The map amendment complies with the regulations outlined for the proposed district,
specifically the purpose statement;
The Council finds that the proposed map amendment to the R-15 zoning district is consistent
with the purpose statement for the residential districts as detailed in Section VIII above.
c. The map amendment shall not be materially detrimental to the public health, safety,
and welfare;
The Council finds that the proposed zoning map amendment will not be detrimental to the
public health, safety, or welfare. City utilities will be extended at the expense of the applicant.
The Council considers any oral or written testimony that may be provided when determining
this finding.
d. The map amendment shall not result in an adverse impact upon the delivery of services
by any political subdivision providing public services within the City including, but not
limited to, school districts; and,
The 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).
The Council finds annexing this property with an R-15 zoning district is in the best interest of
the City if the applicant enters into a development agreement.
2. Preliminary Plat Findings:
In consideration of a preliminary plat, combined preliminary and final plat, or short
plat, the decision-making body shall make the following findings:
a. The plat is in conformance with the Comprehensive Plan;
The Council finds that the proposed plat is in substantial compliance with the adopted
Comprehensive Plan in regard to land use, transportation, and circulation. Please see
Comprehensive Plan Policies and Goals, Section VII, of the Staff Report for more
information.
EXHIBIT A
Blakeslee Commons Subdivision – H-2016-0066 PAGE 26
b. Public services are available or can be made available and are adequate to
accommodate the proposed development;
The 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, the Council finds that the subdivision will not require the expenditure
of capital improvement funds.
d. There is public financial capability of supporting services for the proposed
development;
The Council relies upon comments from the public service providers (i.e., Police, Fire,
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
The 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 Staff is unaware.
f. The development preserves significant natural, scenic or historic features.
The Council is unaware of any significant natural, scenic or historic features that exist on
this site.
3. 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
The Director finds that strict adherence to the parking standards is not desirable given the
nature of the use and the operational characteristics of a 55 and over community.
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 parking standards. The number of parking stall required by the UDC is determined
in section 11-3C-6. The section requires that each single-family lot provide two parking
stalls within an enclosed garage and two in a driveway based on the number of bedrooms
proposed for the units in question. The applicant is providing 19 off-street parking spaces
as part of the development, and staff believes that with the additional 10 parking stall
required at the end of each common driveway, and with the ability to park on one side of
the street, that the proposal provides an equal means for meeting 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.
EXHIBIT A
Blakeslee Commons Subdivision – H-2016-0066 PAGE 27
The Director finds that the proposed alternative will not be detrimental to the public
welfare or impair the use/character of the surrounding properties.
AINSO
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Every Bungalows community has carefully planned what features would be attractive
to our residents.
From the outside, every home features beautifully designed European country
exteriors (stone and brick accents) - with each unit offering its own private entrance.
On the inside, most designs include a great room and are very open with 9' ceilings,
cathedral ceilings and light -loving decorative windows.
Feeling social? Youll love to walk right outside your door and gather at the private.
centrally located clubhouse, which residents often refer to as their "second` home,
Here, irs easy to relax thanks to the big screen N, game tables, a toasty fireplace
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For more information please contact:
Ran Walsh - (208) 867-8682
the' B-angab
Where life is sweet
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