New Beginnings H-2017-0026ADA COUNTY RECORDER Christopher D. Rich 2017-061471
BOISE IDAHO Pgs=36 BONNIE OBERBILLIG 07/06/2017 02:04 PM
CITY OF MERIDIAN, IDAHO NO FEE
DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. Chris Fuhrman, Owner/Developer
THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into
this__day of ItO , 2017, 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 Chris Fuhrman, whose address is 1737 E. Summerfalls Drive,
Meridian, Idaho 83646, hereinafter called OWNER/ DEVELOPER,
1. RECITALS:
1.1 WHEREAS, Owner is the sole owner, in law and/or equity, of certain tract
of land in the County of Ada, State of Idaho, described in Exhibit "A", which
is attached hereto and by this reference incorporated herein as if set forth in
full, herein after referred to as the Property; and
1.2 WHEREAS, Idaho Code § 67-6511Aprovides that cities may, by ordinance,
require or permit as a condition of zoning that the Owner/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
L4 WHEREAS, Owner/Developer has submitted an application for the
annexation of approximately 1,001 acres of land from the RUT zoning
district in Ada County to the R-4 (Medium -Low Density Residential) zoning
district (as described in Exhibit "A"), under the Unified Development Code,
which generally describes how the Property will be developed and what
improvements will be made; and
1,5 WHEREAS, Owner/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
1.6 WHEREAS, the record of the proceedings for the requested preliminary plat
on the Property held before the Planning & Zoning Commission, and
I)EVELOPMENTAGREEMENT—NEw$EGINNiNGs (I-1-2017-0026) PAGE 1 OF 8
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 13th day of June, 2017, the Meridian City Council
approved certain Findings of Fact and Conclusions of Law and Decision and
Order ("Findings"), which have been incorporated into this Agreement and
attached as Exhibit "B"; and
1.8 WHEREAS, the Findings require the Owner/Developer to enter into a
Development Agreement before the City Council takes final action on final
plat; and
1.9 WHEREAS, Owner/Developer deems it to be in its best interest to be able to
enter into this Agreement and acknowledges that this Agreement was entered
into voluntarily and at its urging and request; and
1.10 WHEREAS, City requires the Owner/Developer to enter into a development
agreement for the purpose of ensuring that the Property is developed and the
subsequent use of the Property is in accordance with the terms and conditions
of this Agreement, herein being established as a result of evidence received
by the City in the proceedings for zoning designation from government
subdivisions providing services within the planning jurisdiction and from
affected property owners and to ensure zoning designation are in accordance
with the amended Comprehensive Plan of the City of Meridian on October
11, 2016, Resolution No. 16-1173, and the UDC, Title 11.
NOW, THEREFORE, in consideration of the covenants and conditions set forth
herein, the parties agree as follows:
2. INCORPORATION OF RECITALS: That the above recitals are contractual and
binding and are incorporated herein as if set forth in full.
3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and
phrases herein contained in this section shall be defined and interpreted as herein provided for,
unless the clear context of the presentation of the same requires otherwise:
3.1 CITY: means and refers to the City of Meridian, a party to this Agreement,
which is a municipal Corporation and government subdivision of the state of
Idaho, organized and existing by virtue of law of the State of Idaho, whose
address is 33 East Broadway Avenue, Meridian, Idaho 83642,
3.2 OWNER/DEVELOPER: means and refers to Chris Fuhrman, whose
address is 1737 E. Summerfalls Drive, Meridian, Idaho 83646, the parry that
owns and is developing said Property and shall include any subsequent
owners)/developers of the Property.
DEVELOPMENT AGREEMENT -NEW BEGINNINGS (H-2017-0026) PAGE 2 OF 8
3.3 PROPERTY: means and refers to that certain parcel(s) of Property located
in the County of Ada, City of Meridian as described in Exhibit "A"
describing the parcels to be re -zoned Medium Low Density Residential
District (R-4) and attached hereto and by this reference incorporated herein as
if set forth at length.
4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the
right to develop the Property in accordance with the terms and conditions of this Agreement.
4.1 The uses allowed pursuant to this Agreement are only those uses allowed
under the UDC.
4.2 No change in the uses specified in this Agreement shall be allowed without
modification of this Agreement.
5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY:
5.1. Owner/Developer shall develop the Property in accordance with the following
special conditions:
a. Access shall be provided via N. Curt Drive; direct access via E. Ustick Road is
prohibited in accord with UDC 11-3A-3.
K Development of this site shall substantially comply with the conceptual development
plan included in Exhibit A.2, the short plat included in Exhibit A.3 and the conditions
contained in the Staff Report which is attached hereto as Exhibit B. Building lots on this
site are limited to two (2).
c. The applicant shall comply with the submitted home elevation (single -story homes are
exempt from this requirement) attached in Exhibit A.5 of the Findings and Staff Report
attached hereto as Exhibit B. If two —story homes are proposed for construction, the rear
and/or side of homes that face E. Ustick Road shall incorporate articulation through
changes in two or more of the following: Modulation (e.g. —projections, recesses, step -
backs, pop -outs), bays, banding, porches, balconies, material types or other integrated
architectural elements to breakup monotonous wall planes and roof lines that are visible
from the subject public street.
6. COMPLIANCE PERIOD This Agreement must be fully executed within six (6)
months after the date of the Findings for the annexation and zoning or it is null and void.
7. DEFAULT/CONSENT TO DE -ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
7.1 Acts of Default. Either party's failure to faithfully comply with all of the
terms and conditions included in this Agreement shall constitute default
under this Agreement.
DEVELOPMENT AGREEMENT -NEW BEGINNINGS (H-2017-0026) PAGE 3 OF 8
7.2 Notice and Cure Period. In the event of Owner/Developer's default of this
Agreement, Owner/Developer shall have thirty (30) days from receipt of
written notice from City to initiate commencement of action to correct the
breach and cure the default, which action must be prosecuted with diligence
and completed within one hundred eighty (180) days; provided, however, that
in the case of any such default that cannot with diligence be cured within
such one hundred eighty (180) day period, then the time allowed to cure such
failure may be extended for such period as may be necessary to complete the
curing of the same with diligence and continuity.
7.3 Remedies. In the event of default by Owner/Developer that is not cured after
notice as described in Section 7.2, Owner/Developer shall be deemed to have
consented to modification of this Agreement and de -annexation and reversal
of the zoning designations described herein, solely against the offending
portion of Property and upon City's compliance with all applicable laws,
ordinances and rules, including any applicable provisions of Idaho Code §§
67-6509 and 67-6511. Owner/Developer reserves all rights to contest
whether a default has occurred. This Agreement shall be enforceable in the
Fourth Judicial District Court in Ada County by either City or
Owner/Developer, or by any successor or successors in title or by the assigns
of the parties hereto. Enforcement may be sought by an appropriate action at
law or in equity to secure the specific performance of the covenants,
agreements, conditions, and obligations contained herein.
7.4 Delay. In the event the performance of any covenant to be performed
hereunder by either Owner/Developer or City is delayed for causes that are
beyond the reasonable control of the party responsible for such performance,
which shall include, without limitation, acts of civil disobedience, strikes or
similar causes, the time for such performance shall be extended by the
amount of time of such delay.
7.5 Waiver. A waiver by City of any default by Owner/Developer of any one or
more of the covenants or conditions hereof shall apply solely to the default
and defaults waived and shall neither bar any other rights or remedies of City
nor apply to any subsequent default of any such or other covenants and
conditions.
8. INSPECTION: Owner/Developer shall, immediately upon completion of any
portion or the entirety of said development of the Property as required by this Agreement or by City
ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written
approval of such completed improvements or portion thereof in accordance with the terms and
conditions of this Agreement and all other ordinances of the City that apply to said Property.
9. REQUIREMENT FOR RECORDATION: City shall record this Agreement,
including all of the Exhibits, and submit proof of such recording to Owner/Developer, prior to the
third reading of the Meridian Zoning Ordinance in connection with the re -zoning of the Property by
the City Council. If for any reason after such recordation, the City Council fails to adopt the
DEVELOPMENT AGREEMENT -NEW BEGINNINGS (H-2017-0026) PAGE 4 OF 8
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/Developer agree to
provide, if required by the City.
12, CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued
in any phase in which the improvements have not been installed, completed, and accepted by the
City, or sufficient surety of performance is provided by Owner/Developer to the City in accordance
with Paragraph 11 above.
13. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agrees to abide by
all ordinances of the City of Meridian unless otherwise provided by this Agreement.
14. NOTICES: Any notice desired by the parties and/or required by this Agreement
shall be deemed delivered if and when personally delivered or three (3) days after deposit in the
United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed
as follows:
CITY:
City Clerk
City of Meridian
33 E. Broadway Ave.
Meridian, ID 83642
OWNER/DEVELOPER:
Chris Fuhrman
1737 E. Summerfalls Drive
Meridian, Idaho 83646
with copy to:
City Attorney
City of Meridian
33 E. Broadway Avenue
Meridian, ID 83642
14.1 A party shall have the right to change its address by delivering to the other
party a written notification thereof in accordance with the requirements of this section.
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
DEVELOPMENT AGREEMENT -NEW BEGINNINGS (H-2017-0026) PAGE 5 OF 8
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/Developer, each subsequent owner and any other person acquiring an interest
in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or
portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any
successor owner or owners shall be both benefited and bound by the conditions and restrictions
herein expressed. City agrees, upon written request of Owner/Developer, to execute appropriate and
recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion,
had determined that Owner/Developer have fully performed their obligations under this Agreement.
18. INVALID PROVISION: If any provision of this Agreement is held not valid by a
court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement
and the invalidity thereof shall not affect any of the other provisions contained herein.
19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided, eachparty
shall act reasonably in giving any consent, approval, or taking any other action under this Agreement.
20. COOPERATION OF THE PARTIES: In the event of any legal or equitable action
or other proceeding instituted by any third party (including a governmental entity or official)
challenging the validity of any provision in this Agreement, the parties agree to cooperate in
defending such action or proceeding.
21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements,
agreements, condition and understandings between Owner/Developer and City relative to the subject
matter hereof, and there are no promises, agreements, conditions or understanding, either oral or
written, express or implied, between Owner/Developer and City, other than as are stated herein.
Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to
this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by 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 ofthe
City Council after the City has conducted public hearing(s) in accordance with the
notice provisions provided for a zoning designation and/or amendment in force at the
time of the proposed amendment.
22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the
date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in
connection with the annexation and zoning of the Property and execution of the Mayor and City
Clerk.
[end of text; signatures, acknowledgements, and Exhibits A and B follow]
DEVELOPMENT AGREEMENT -NEW BEGINNINGS (H-2017-0026) PAGE 6 OF 8
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement and made
it effective as hereinabove provided.
OWNS, "Ll VELOPER:
Byi
Chris Fuhrman
EDA
lutnf w
C' E ..IDIANI._
SEAL A)
C.f# Colekl city Clerk
CITY Or MERIDIAN
B
MayTa my de Weerd
DEVELOPMENT AGREEMENT—NEW BEGINNINGS (H-2017-0026) PAGE 7 On 8
STATE OF IDAHO )
. ss:
County of Ada, )
On this day of , )tt /j6,_, 2017, before ane, the undersigned, a Notary Public in and
for said State, personally appeared Chris Fuhr'man, known or identified tonne to be the 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 first above written,
STATE OF IDAHO )
: ss
County of Ada )
Notary pufor Idaho
Residing at: CyZvru��a_S
My Commission Expires;
On this_ day of CJ_t fir- , 2017, before me, a Notary Public,
personally appeared. Tammy de Weerd and C.Ja� Coles, Iaiow or identified tome 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 aclaiowledged 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,
0,h W. �
Notary Public for Idaho �j
Residing at: `�n_P.f () jo
Commission expires;2—
DEVELOPMENT AGREEMENT -NEW BEGINNINGS (H-2017-0026) PAGE 8 OF 8
EXHIBIT A
TEALEY'S LAND 12594 W. Explorer Drive, Suite 150 • Boise, Idaho 83713
SURVEYING (208) 385-0636
Fax (208) 385-0696
Project. No.: 4131
Date: March 1, 2017
ANNEXATION DESCRIPTION FOR
NEW BEGINNINGS SUBDIVISION
A parcel of land being a portion of the SW 1/4 of Secllon 31, TAN., R.1 E., B.M.,
Meridian, Ada County, Idaho and more particularly described as follows:
Commencing at a brass cap marking the South 114 corner of said Section 31;
thence along the South boundary of said SW 114 of Section 31
North 89°47'50" West 50.87 feet to a point on the extended West boundary of
Record of Survey No. 0145, filed for record in the office of the Ada County Recorder,
Boise, Idaho under Instrument No. 112020607, said point marking the POINT OF
BEGINNING; thence leaving said South boundary along said extended West boundary
and the West boundary of said Record of Survey No. 9145
North 00°00'00" East 175.00 feet to an iron pin marking the Southwest corner of
Weaver Acres No. 1, as filed for record in the office of the Ada County Recorder, Boise,
Idaho in Book 28 of Plats at page 1745; thence along the South boundary of said Weaver
Acres No. 1
North 89°47'50" West 248.37 feet to a point on the centerline of North Curt Drive:
thence leaving said South boundary along the said centerline of North Curt Drive
South 00°32'00" West 175.00 feet to a point on said South boundary of the SW 1/4
of Section 31; thence along said South boundary
South 89147'50" East 250.00 feet to the POINT OF BEGINNING,
Said parcel of land contains 1.001 acres, more or less,
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New Beginnings — AZ H-2017-0026
EXHIBIT A
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New Beginnings — AZ H-2017-0026
EXHIBIT B
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND DECISION & ORDER
In the Matter of the Request for Annexation and Zoning of 1.00 Acre of Land with an R-4 Zoning
District; and Short Plat Consisting of Two (2) Building Lots on 0.73 of an Acre of Land in an R-4
Zoning District, by Chris Fuhrman.
Case No(s). H-2017-0026
For the City Council Hearing Date of: May 23, 2017 (Findings on June 6, 2017)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of May 23, 2017, incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of May 23, 2017, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the bearing date of May 23, 2017,
incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of May 23, 2017, incorporated by reference)
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use
Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503).
2. The Meridian City Council takes judicial notice of its Unified Development Code codified at
Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by
ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of
Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A.
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not impose
expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Decision, which shall be
signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the
Community Development Department, the Public Works Department and any affected party
requesting notice.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2017-0026 - I -
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of May 23, 2017, incorporated by reference. The conditions are concluded to be
reasonable and the applicant shall meet such requirements as a condition of approval of the
application.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon
the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that:
1. The applicant's request for annexation and zoning is hereby approved with the requirement of a
development agreement; and short plat is hereby approved per the provisions in the Staff
Report for the hearing date of May 23, 2017, attached as Exhibit A.
D. Notice of Applicable Time Limits
Notice of Preliminary Plat Duration
Please take notice that approval of a preliminary plat, combined preliminary and final plat, or
short plat shall become null and void if the applicant fails to obtain the city engineer's signature
on the final plat within two (2) years of the approval of the preliminary plat or the combined
preliminary and final plat or short plat (UDC 11-613-7A).
In the event that the development of the preliminary plat is made in successive phases in an
orderly and reasonable manner, and conforms substantially to the approved preliminary plat,
such segments, if submitted within successive intervals of two (2) years, may be considered for
final approval without resubmission for preliminary plat approval (UDC 11 -6B -7B).
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11-613-7.A, the Director may authorize a single extension of time to obtain the City
Engineer's signature on the final plat not to exceed two (2) years. Additional time extensions up
to two (2) years as determined and approved by the City Council may be granted. With all
extensions, the Director or City Council may require the preliminary plat, combined
preliminary and final plat or short plat to comply with the current provisions of Meridian City
Code Title 11. If the above timetable is not met and the applicant does not receive a time
extension, the property shall be required to go through the platting procedure again (UDC 11-
6B -7C).
Notice of Development Agreement Duration
The city and/or an applicant may request a development agreement or a modification to a
development agreement consistent with Idaho Code section 67-6511A. The development
agreement may be initiated by the city or applicant as part of a request for annexation and/or
rezone at any time prior to the adoption of findings for such request.
A development agreement may be modified by the city or an affected party of the development
agreement. Decision on the development agreement modification is made by the city council in
accord with this chapter. When approved, said development agreement shall be signed by the
property owner(s) and returned to the city within six (6) months of the city council granting the
modification,
A modification to the development agreement may be initiated prior to signature of the
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2017-0026 - 2 -
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.
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 May 23, 2017
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2017-0026 -3 -
By action of the City Council at its regular meeting held on the (Y day of JUIle
2017,
COUNCIL PRESIDENT KEITH BIRD VOTED
COUNCIL VICE PRESIDENT JOE BORTON VOTED X-4
COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED
COUNCIL MEMBER TY PALMER VOTED
COUNCIL MEMBER LUKE CAVENER VOTED
COUNCIL MEMBER GENESIS MILAM VOTED 7
MAYOR TAMMY de WEERD VOTED
(TIE BREAKER)
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City
Copy served upon Applicant, Community Development Department, Public Works Department and City
Attorney,
By: Dated:
City Clerk's Office
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2017-0026 - 4 -
EXHIBIT A
STAFF REPORTwWE T
Hearing Date: May 23, 2017(.—�1 N"'
TO: Mayor & City Council
FROM: Sonya Alien, Associate City Planner
208-884-5533
Bruce Freckleton, Development Services Manager
208-887-2211
SUBJECT: New Beginnings — AZ, SHP (H-2017-0026)
L SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Chris Fuhrman, has submitted an application for annexation and zoning (AZ) of 1.00
acre of land with an R-4 zoning district; and a short plat (SHP) consisting of 2 building lots on 0.73 of
an acre of land in a proposed R-4 zoning district.
II. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed AZ and SHP application with the requirement of a
development agreement in accord with the provisions in Exhibit B and the Findings of Fact and
Conclusions of Law in Exhibit D.
The Meridian Planning & Zoning Commission heard these items on April 20, 2017. At the
public hearing, the Commission moved to recommend approval of the subject AZ request.
a. Summary of Commission Public Hearing:
i. In favor: Pat Tealey, Applicant's Representative
ii. In opposition: None
W. Commenting: Jim Brocket; Carol Evans, Justin Laurendeau; Michael Morrison; Matt
Gerosin; Jane Amy; Paul Spirk
iv. Written testimony: Chris Fuhrman, Applicant (in agreement with staff report); Richard
and Alane Holloran• Jan Brocket• Laurie Bower
L. Staff presenting application: Bill Parsons
A. Other staff commenting on application: None
b. Key issue(s) of Public Testimony:
i. Concern/objection regarding the use of future dwellings on the proposed lots— public
testimony was against housing for abused women and children (although the applicant
did not proposed this type of use).
ii. Concern that the City might force -annex adjacent lots if this property is annexed.
c. Key Issues of Discussion by Commission:
i. None
d. Commission Change(s) to Staff Recommendation:
i. None
e. Outstanding Issue(s) for City Council:
i. None
New Beginnings — AZ, SHP H-2017-0026 PAGE
EXHIBIT A
The Meridian City Council
heard
these items
on May 23 2017. At the public hearing. the
Council -approved
a Summary
the subjgr-t
of City Council
A7,
Public
and SHP requests.
Hearing:
vii.
In favor: Pat Tealev, Applicant's
Representative
viii.
In opposition:
None
ix.
Commenting:
Matt Garrison: John
Villanueva
x,
Written testimony:
Chris
Fuhrman,
Applicant (in agreement with staff report)
Xi.
Staff presenting
application:
Sonya
Allen, Bruce Chatterton
xii.
Other staff commenting
on
application•
None
J
ty 'sst�e�sl of Public
T stir
onv:
L
Concern and confusion
regarding
the type of housing proposed for this development
and that the applicant
didn't
talk
to them directly to clarify the issue.
,e, Key
Issues of Discussion
by Council:
ii.
None
di. iKeX
Council Changes
to Staff/Commission
Recommendation
ii.
None
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Number H-2017-
0026, as presented in the staff report for the hearing date of May 23, 2017, with the following
modifications: (Add any proposed modifications).
Denial
After considering all staff, applicant and public testimony, I move to deny File Number H-2017-0026,
as presented during the hearing on May 23, 2017, for the following reasons: (You should state
specific reasons for denial)
Continuance
I move to continue File Number H-2017-0026 to the hearing date of (insert continued hearing date
here) for the following reason(s): (You should state specific reason(s) for continuance.)
IV. APPLICATION AND PROPERTY FACTS
A. Site Address/Location:
The site is located at 780 E. Ustick Road, in the SW '/a of Section 31, Township 4 North, Range 1
East (Parcel No.: 50531347001)
B. Owners:
Chris Fuhrman
1737 E. Summerfalls Drive
Meridian, ID 83646
C. Applicant:
Same as owner
D. Representative:
Donna Ahmed, Tealey's Land Surveying
12594 W. Explorer Drive, Suite 150
Boise, ID 83713
New Beginnings — AZ, SHP H-2017-0026 PAGE 2
EXHIBIT A
E. Applicant's Statement/Justification: Please see applicant's narrative for this information.
V. PROCESS FACTS
A. The subject application is for annexation and a short plat. A public hearing is required before the
Planning & Zoning Commission and City Council on the annexation & zoning request and only
before the City Council on the short plat request, consistent with Meridian City Code Title 11,
Chapter 5.
B. Newspaper notifications published on: April 7, 2017 (Commission); May 5, 2017 (City Council)
C. Radius notices mailed to properties within 300 feet on: March 23, 2017 (Commission); April 25,
2017 (City Council)
D. Applicant posted notice on site(s) on: April 7, 2017 (Cormnission); May 10, 2017 (City Council)
VI, LAND USE
A. Existing Land Use(s) and Zoning: This site consists of vacant undeveloped land, zoned R1 in Ada
County.
B. Character of Surrounding Area and Adjacent Land Use and Zoning:
1. North: Rural residential properties in Weaver Acres Subdivision, zoned R1 in Ada County
2. East: Rural residential properties, zoned R1 in Ada County
3. South: E. Ustick Road and single-family residential properties in Bedford Place Subdivision,
zoned R-8
4. West: N. Curt Drive and single-family residential properties in Hollybrook Subdivision,
zoned R-8
C. History of Previous Actions: None
D. Utilities:
1. Location of sewer: A new sewer main intended to provide service to the subject property is
currently under construction as part of a joint ACRD/City of Meridian capital project. New
service locations have been coordinated into the construction plan.
2. Location of water: A water main intended to provide service to the subject property currently
exists in E Ustick Road. New service locations have been coordinated into the construction
plans for the joint ACHD/City of Meridian capital project.
3. Issues or concerns: None
E. Physical Features:
1. Canals/Ditches Irrigation: There are no waterways that cross this site.
2. Hazards: Staff is unaware of any hazards that may exist on this property.
Flood Plain: This property does not lie within the flood plain.
VII. COMPREHENSIVE PLAN POLICIES AND GOALS
The Comprehensive Plan Future Land Use Map (FLUM) designates this property as LDR (Low
Density Residential). The LDR designation allows for the development of single-family homes on
large lots where urban services are provided. Uses may include single-family homes at gross densities
of three dwelling units or less per acre.
New Beginnings — AZ, SHP H-2017-0026 PAGE 3
EXHIBIT A
The applicant proposes to develop the site with 2 residential units which will result in a gross density
of 2.74 dwelling units per acre and a net density of 3.36 dwelling units per acre consistent with the
LDR FLUM designation.
Policies: Staff finds the following Comprehensive Plan policies to be applicable to this application
and apply to the proposed use of this property (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." (3.07.01 E)
The proposed low density residential development will contribute to the variety of housing
options located within the City. Staff is unaware how "affordable" the housing will be.
"Require appropriate landscape and street buffers along transportation corridors (setback,
vegetation, low walls, beams, etc.)." (3.06.02F)
A 25 foot wide street buffer ivith landscaping is required along E. Ustick Road, an arterial
street, in accord with the standards listed in UDC 11 -3B -7C.
"Protect existing residential properties from incompatible land use development on adjacent
parcels." (3.06,01F)
The proposed residential use should be compatible with existing residential uses that abut the
site.
"Restrict curb cuts and access points on collectors and arterial streets." (3.06.02D)
Access for this site should be provided via N. Curt Drive; access via E. Ustick Road, an
arterial street, is prohibited.
"Ensure development provides safe routes and access to schools, parks and other community
gathering places." (3.07.021)
A S foot wide detached sidewalk is required to be constructed ore this site along E. Ustick
Road, which will provide a safe route to conununity gathering places and Settler's Park to
the west.
"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)
The proposed development is contiguous to the City. Cit)) sewer and water -service is
available and will be extended by the applicant upon annexation of the property in accord
with UDC 11-3A-21. Utility stubs are being provided to the property with the widening of
Ustick Road.
VIII. UNIFIED DEVELOPMENT CODE (UDC)
A. Purpose Statement of Zone (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 dimensional standards of the corresponding zone and
housing types that can be accommodated.
B. Schedule of Use: Unified Development Code (UDC) Table 11-2A-2 lists the principal permitted
(P), accessory (A), conditional (C), and prohibited (-) uses in the R-4 zoning district. Any use not
explicitly listed, or listed as a prohibited use is prohibited. Single-family detached dwellings are
listed as a permitted use in the R-4 zoning district.
New Beginnings — AZ, SHP H-2017-0026 PAGE 4
EXHIBIT A
C. Dimensional Standards: Development of the site should be consistent with the dimensional
standards listed in UDC Table 11-2A-5 for the R-4 zoning district.
D. Landscaping: Street buffer landscaping shall be installed in accordance with the standards listed
in UDC Table 11-2A-5 for the R-4 zoning district.
E. Off -Street Parking: Off-street parking is required in accord with UDC 11 -3C -6B for non-
residential uses.
IX. ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
1. Annexation & Zoning:
The applicant has applied for annexation and zoning of 1.00 acres of land with an R-4 zoning
district. As discussed above in Section VII, the proposed zoning is consistent with the
corresponding FLUM designation of LDR and the policies in the Comprehensive Plan as noted.
The legal description submitted with the application, included in Exhibit C, shows the boundaries
of the property proposed to be annexed and zoned. 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 compliance with the provisions of annexation
included in this report in Exhibit B, staff recommends a DA.
The applicant has submitted a conceptual development plan, included in Exhibit A.2, showing
how the site is proposed to develop with 2 residential building lots for 2 single-family homes, a
common driveway for access to the homes and landscaping.
2. Short Plat
The applicant has submitted a short plat application consisting of 2 building lots on 0.73 of an
acre of land in a proposed R-4 zoning district (see Exhibit A.3),
Note: ACED is currently in the process of widening E. Ustiek Road to 5 lanes with curb, gutter,
bike lanes, and detached sidewalk between Linder and Locust Grove Roads.
Concept Plan: A conceptual development plan was submitted that depicts the building envelope
and setbacks, orientation of the lots and structures, and the common driveway as required by
UDC 11 -6C -3D.7. Both lots meet the setback requirements of the R-4 district.
Existing Structures: There are no existing structures on this site.
Dimensional Standards: Future development on the site is required to comply with the
dimensional standards listed in UDC 11-2A-3 and Table 11-2A-5 for the R-4 zoning district. Lot
1, Block 1 is 10,961 square feet in size and the Lot 2, Block 1 is 17,556 square feet which
exceeds the minimum lot size of 8,000 square feet in the R-4 zone. Further, the proposed lots
meet the minimum street frontage requirements.
hi the R-4 district, the minimum single story home size is 1,400 square feet and two story homes
must be 800 square feet per story. On the submitted concept plan, the applicant has identified the
square footages of the homes that are proposed to be constructed within this development. Lot 1,
Block 1 is proposed to develop with a 2,600 square foot home and Lot 2, Block 1 is proposed to
develop with a 2,800 square foot home consistent with the aforementioned standards.
Staff finds the proposed short plat complies with the dimensional standards of the R-4 district.
New Beginnings — AZ, SHP H-2017-0026 PAGE 5
EXHIBIT A
Access: Access is proposed for both lots via N. Curt Drive. A 30 -foot wide cross -access easement
is proposed for Lot 1 across the flag portion of Lot 2. Direct lot access via E. Ustick Road is
prohibited as set forth in UDC 11-3A-3; include a note on the plat accordingly.
Common Driveway: Common driveways are required to be constructed in accord with the
standards listed in UDC 11 -6C -3D. The applicant states the driveway will be 20 -feet wide, 115 -
feet long, and have a paved surface capable of supporting fire vehicles and equipment in accord
with these standards. Further, UDC 11 -6C -3D.5 requires a 5 -foot wide landscape buffer along the
north boundary of the coniinon driveway, if solid fencing is proposed.
Parking: The UDC (Table 11-3C-6) requires a minimum of 4 parking spaces per unit for 2, 3 and
4 bedroom units; at least 2 in an enclosed garage, other spaces may be enclosed or a minimum
10' x 20' parking pad. A 2 -car garage is proposed for each unit along with a 20' x 20' parking
pad in accord with this requirement.
Waterways: There are no waterways that cross this site.
Utilities: The UDC (11-3A-21) requires all development to connect to the City water and sewer
system unless otherwise approved by the City Engineer. Mater and sewer are currently provided
to each proposed property.
Adequate fire protection shall be required in accord with the appropriate fire district standards.
Street lighting is required to be installed with development of this property in accord with the
City's adopted standards, specifications and ordinances.
Pressurized Irrigation (PI): The UDC (11-3A-15) requires an underground PI system to be
provided for this development in accord with UDC 11-3A-15. The applicant states that PI is
proposed for the landscape buffers and each property). Irrigation is proposed to be provided by
the owner at a point of connection near the southeast corner of the property as directed by and
coordinated with NMID and maintained by the HOA.
Landscaping: A minimum 25 -foot wide street buffer is required along E. Ustick Road, an arterial
street, landscaped in accord with the standards listed in UDC 11 -3B -7C. The street buffer is
required to be on a common lot maintained by a homeowner's association per UDC 11-311-
7C.2a, unless otherwise approved through Alternative Compliance (see UDC 11-5B-5 for
more information). Also, landscaping within the buffer needs to extend to the back edge of
sidewalk (there appears to be a strip of landscaping missing between the back of sidewalk
and the property line). If ACRD does not install vegetative groundcover between the curb
and sidewalk along Ustick Road, the applicant will be responsible for installing such as set
forth in UDC 11 -3B -7C.
Sidewalk: A minimum 5 -foot wide detached sidewalk is required along E. Ustick Road, an
arterial street; and a minimum 5 -foot wide attached sidewalk is required along N. Curt Drive, a
local street, as set forth in UDC 11-3A-17.
Fencing: All fencing is required to comply with the standards listed in UDC 11 -3A -7C. A 6 -foot
tall wood privacy fence is proposed at the back edge of the street buffer along E. Ustick Road and
along the west boundary adjacent to Curt Drive outside of the site triangle. A 3 -foot tall wood
privacy fence is proposed along the portion of the west boundary that lies within the required
front yard. On corner lots, fencing is required to be set back a minimum of 10 feet from the
street side property line; the fencing plan should be revised accordingly.
Building Elevations: A conceptual building elevation was submitted that represents the future
homes in this development, included in Exhibit A.5. Building materials consist of stucco and lap
siding with brick columns and architectural asphalt shingles. Staff is supportive of the single
story construction however, if two story homes are proposed for construction, staff
New Begimiings — AZ, SHP H-2017-0026 PAGE 6
EXHIBIT A
recommends that the applicant obtain PIanning Division approval of the elevations prior to
the issuance of a building permit.
In summary, Staff r•ecornnzends approval of the proposed annexation and zoning request for this
site with a development agreement containing the provisions listed in Exhibit B of this report and
short plat in accord with the findings contained in Exhibit D.
X. EXHIBITS
A. Drawings/Other
1. Vicinity/Zoning Map
2, Conceptual Development Plan/Lot Layout Exhibit
3. Short Plat (dated: 2/20/2017)
4. Landscape Plan/Exhibit Map for Lot Layout (dated: 2/20/2017)
5, Conceptual Building Elevation
B. Agency & Department Comments
C. Legal Description & Exhibit Map for Annexation Boundary
D. Required Findings from Unified Development Code
New Beginnings — AZ, SHP H-2017-0026 PAGE 7
EXHIBIT A
A. Drawings
1. Vicinity/Zoning Map
New Begimlings — AZ, SHP H-2017-0026 PAGE 7
EXHIBIT A
2. Conceptual Development Plan/Lot Layout Exhibit
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New Beginnings — AZ, SHP H-2017-0026 PAGE 8
3. Short Plat (dated: 2/20/2017)
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EXHIBIT A
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New Beginnings — AZ, SHP H-2017-0026 PAGE 9
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EXHIBIT A
4, Landscape Plan (dated: 2/20/2017)
New Beginnings — AZ, SHP H-2017-0026 PAGE 10
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5. Conceptual Building Elevation
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New Beginnings — A7, SHP H-2017-0026 PAGE l 1
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EXHIBIT A
B. EXHIBIT B - AGENCY & DEPARTMENT COMMENTS & CONDITIONS
1. PLANNING DEPARTMENT
1.1 Annexation & Zoning Comments
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. Access shall be provided via N. Curt Drive; direct access via E. Ustick Road is prohibited in
accord with UDC 11-3A-3.
b. Development of this site shall substantially comply with the conceptual development plan
included in Exhibit A.2, the short plat included in Exhibit A.3, and the conditions of approval
contained in the staff report. Building lots on this site are limited to two (2).
c. The applicant shall comply with the submitted home elevation (single -story homes are
exempt from this requirement) attached in Exhibit A.S. If two- story homes are proposed for
construction, the rear and/or side of homes that face E. Ustick Road shall incorporate
articulation through changes in two or more of the following: modulation (e.g. —projections,
recesses, step -backs, pop -outs), bays, banding, porches, balconies, material types or other
integrated architectural elements to break up monotonous wall planes and roof lines that are
visible from the subject public street.
1.2 Site Specific Conditions of Approval — Short Plat
1.2.1 Applicant shall meet all terms of the development agreement for this subdivision.
1.2.2 The final plat prepared by Tealey's Land Surveying, stamped on 02/20/2017 by Pat Tealey, shall
be revised as follows:
a. Note #8: Include the recorded instrument number for the CC&R's.
b. Include a note stating direct lot access via E. Ustick Road is prohibited as set forth in UDC
11-3A-3.
c. The 25 -foot wide street buffer is required to be in a common lot owned and maintained by the
homeowner's association as set forth in UDC I 1-3B-7C.2a.
d. Include the following note: Maintenance of any irrigation and/or drainage pipes or ditches
crossing a lot is the responsibility of the lot owner unless such responsibility is assumed by an
irrigation/drainage entity.
1.2.3 The landscape plan prepared by Stark Landscape, dated 2/20/17, shall be revised as follows:
a. Dimensions shall be called out on the plan and/or the plan shall be scalable.
b. Landscaping within the street buffer along E. Ustick Road needs to extend to the back of
sidewalk.
c. If ACHD does not install vegetative groundcover between the curb and sidewalk along Ustick
Road, the applicant is responsible to install such in accord with UDC 11-313-7C.
d. The 6 -foot tall fence along the west side of Lot 1 is required to be set back a minimum of 10
feet from the street side property line per UDC 11 -3A -7C.3; revise accordingly.
New Beginnings — AZ, SHP H-2017-0026 PAGE 12
EXHIBIT A
e. Per UDC 11 -6C -3D.5, the applicant shall install, at a minimum, a 5 -foot wide landscape
buffer along the north boundary of the common drive, if solid fencing is proposed.
1.2.4 The common driveway shall be constructed in accord with the standards listed in UDC 11-6C-31)
including but not limited to the following:
a. The driveway shall be paved with a surface capable of supporting fire vehicles and
equipment.
b. A peipetual ingress/egress easement shall be filed with the Ada County Recorder for the
common driveway, which shall include a requirement for maintenance of a paved surface
capable of supporting fire vehicles and equipment.
1.2.5 All fencing is required to comply with the standards listed in UDC 11 -3A -7C.
1.2.6 If the City Engineer's signature has not been obtained on the short plat within two (2) years of the
City Council's approval thereof, the short plat shall become null and void unless a time extension
is obtained, per UDC 11-68-7.
1.2.7 Prior to submittal for the City Engineer's signature, have the Certificate of Owners and the
accompanying acknowledgement signed and notarized.
1.2.8 Applicant shall be responsible for the extension of sanitary sewer and/or water services to each
lot, and abandon any existing services that do not fall within design guidelines.
1.3 Ongoing Conditions of Approval
1.3.1 The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets
the standards as set forth in UDC 11-313-6 and to install and maintain all landscaping as set forth
in UDC 11-3B-5, UDC 11-3B-13 and UDC 11-3B-14.
1.3.2 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.
1.3.3 The applicant has a continuing obligation to comply with the outdoor lighting provisions as set
forth in UDC 11-3A-11.
1.3.4 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 General Requirements
1.4.1 The applicant shall provide easement(s) for any public water/sewer mains outside of public right
of way (include all water services and hydrants). The easement widths shall be 20 -feet wide for a
single utility, or 30 -feet wide for two. The easements shall not be dedicated via the plat, but
rather dedicated outside the plat process using the City of Meridian's standard forms. The
easement shall be graphically depicted on the plat for reference purposes. Submit an executed
easement (on the form available from Public Works), a legal description prepared by an Idaho
Licensed Professional Land Surveyor, which must include the area of the easement (marked
EXHIBIT A) and an 81/2" x 11" map with bearings and distances (marked EXHIBIT B) for
review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO
NOT RECORD. Add a note to the plat referencing this document. All easements must be
submitted, reviewed, and approved prior to signature of the final plat by the City Engineer.
1.4.2 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water (MCC 9-2-28C1). The applicant should be required to use any existing surface or
well water for the -primary source. If a surface or well source is not available, a single -point
New Beginnings — AZ, SHP H-2017-0026 PAGE 13
EXHIBIT A
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.
1.4.3 All existing structures that are required to be removed shall be prior to signature on the final plat
by the City Engineer. Any structures that are allowed to remain shall be subject to evaluation and
possible reassignment of street addressing to be in compliance with MCC.
1.4.4 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.
1.4.5 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 set -vices. 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.
1.4.6 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.
1.4.7 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.
1.4.8 All improvements related to public life, safety and health shall be completed prior to occupancy
of the structures. Where approved by the City Engineer, an owner may post a performance surety
for such improvements in order to obtain City Engineer signature on the final plat as set forth in
UDC 11 -5C -3B.
1.4.9 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.
1.4.10 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.
1.4.11 Applicant shall be responsible for application and compliance with any Section 404 Pennitting
that may be required by the Army Corps of Engineers.
1.4.12 Developer shall coordinate mailbox locations with the Meridian Post Office.
1.4.13 All grading of the site shall be performed in conformance with MCC 11-1-4B.
1.4.14 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.
1.4.15 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage
facility within this project that do not fall under the jurisdiction of an irrigation district or ACRD.
The design engineer shall provide certification that the facilities have been installed in accordance
with the approved design plans. This certification will be required before a certificate of
occupancy is issued for any structures within the project.
1.4.16 At the completion of the project, the applicant shall be responsible to submit record drawings per
the City of Meridian AutoCAD standards for any public mains required for this project. These
record drawings must be received and approved prior to the issuance of a certification of
occupancy for any structures within the project.
New Beginnings — AZ, SHP H-2017-0026 PAGE 14
EXHIBIT A
1.4.17 Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street
Lighting (http://www.meridiancity.org/public_works.aspx?id=272). All street lights shall be
installed at developer's expense. Final design shall be submitted as part of the development plan
set for approval, which must include the location of any existing street lights. The contractor's
work and materials shall conform to the ISPWC and the City of Meridian Supplemental
Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility
Coordinator at 898-5500 for information on the locations of existing street lighting.
1.4.18 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.
1.4.19 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 public sewer, water and reuse infrastructure
for duration of two years. This surety will be verified by a line item cost estimate provided by the
owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash
deposit or bond. Applicant must file an application for surety, which can be found on the
Community Development Department website. Please contact Land Development Service for
more information at 887-221.
3. POLICE DEPARTMENT
3.1 The Police Department has no comments on this application.
4. FIRE DEPARTMENT
3.1 The Fire Department had no comments on this application.
5. REPUBLIC SERVICES
5.1 Republic Services did not submit comments on this application.
6. PART`S DEPARTMENT
6.1 The Park's Department has no comments on this application.
7. ADA COUNTY HIGHWAY DISTRICT
7.1 Site Specific Conditions of Approval
7.1.1 Construct an attached 5 -foot wide sidewalk along Curt Drive abutting the site. Coordinate the
design with District Development Services staff.
7.1.2 Construct a 20 -foot wide shared common driveway within a 30 -foot wide easement along the
north property line onto Curt Drive, located 160 -feet north of Ustick Road,
7.1.3 Pave the driveway its full width and at least 30 -feet into the site beyond the edge of Curt Drive.
7.1.4 No access is allowed onto Ustick Road from the site with this application and shall be noted on
the final plat.
7.1.5 A Traffic Impact Fee will be assessed by ACHD and will be due prior to issuance of a building
permit. Please contact the ACHD Planner (see below) for infonnation regarding impact fees.
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EXHIBIT A
7.1.6 Plans shall be submitted to the ACHD Development Services Department for plans acceptance,
and impact fee assessment (if an assessment is applicable).
7.1.7 Comply with the Standard Conditions of Approval as noted below.
7.2 Standard Conditions of Approval
7.2.1 All proposed irrigation facilities shall be located outside of the ACHD right-of-way (including all
easements). Any existing irrigation facilities shall be relocated outside of the ACHD right-of-
way (including all easements).
7.2.2 Private Utilities including sewer or water systems are prohibited from being located within the
ACHD right-of-way.
7.2.3 In accordance with District policy, 7203.6, the applicant may be required to update any existing
non-compliant pedestrian improvements abutting the site to meet current Americans with
Disabilities Act (ADA) requirements. The applicant's engineer should provide documentation of
ADA compliance to District Development Review staff for review.
7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the
construction of the proposed development. Contact Construction Services at 387-6280 (with file
number) for details.
7.2.5 A license agreement and compliance with the District's Tree Planter policy is required for all
landscaping proposed within ACHD right-of-way or easement areas.
7.2.6 All utility relocation costs associated with improving street frontages abutting the site shall be
borne by the developer.
7.2.7 It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The
applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The
applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business days
prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic
Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during
any phase of constriction.
7.2.8 Utility street cuts in pavement less than five years old are not allowed unless approved in writing
by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for
details.
7.2.9 All design and construction shall be in accordance with the ACHD Policy Manual, ISPWC
Standards and approved supplements, Constriction Services procedures and all applicable ACHD
Standards unless specifically waived herein. An engineer registered in the State of Idaho shall
prepare and certify all improvement plans.
7.2.10 Construction, use and property development shall be in conformance with all applicable
requirements of ACHD prior to District approval for occupancy.
7.2.11 No change in the terms and conditions of this approval shall be valid unless they are in writing
and signed by the applicant or the applicant's authorized representative and an authorized
representative of ACHD. The burden shall be upon the applicant to obtain written confirmation
of any change from ACHD.
7.2.12 If the site plan or use should change in the future, ACHD Planning Review will review the site
plan and may require additional improvements to the transportation system at that time. Any
change in the planned use of the property which is the subject of this application, shall require the
applicant to comply with ACHD Policy and Standard Conditions of Approval in place at that tune
New Beginnings — AZ, SHP H-2017-0026 PAGE 16
EXHIBIT A
unless a waiver/variance of the requirements or other legal relief is granted by the ACRD
Commission.
New Beginnings — AZ, SHP H-2017-0026 PAGE 17
C.
EXHIBIT A
Legal Description & Exhibit Map for Annexation Boundary
TEALEY'S LAND 12594 W. Explorer Drive, Suite 150 - Boise, Idaho 83713
SURVEYING (los) 365.0686
Bax (206) 385-0696
Project. No,: 4131
Date: March 1, 2017
ANNEXATION DESCRIPTION FOR
NEW BEGINNINGS SUBDIVISION
A parcel of land being a portion of the SW 114 of Section 31, TAN., RAE., B.M.,
Meridian, Ada County, Idaho and more particularly described as follows:
Commencing at a brass cap marking the South 114 corner of said Section 31;
thence along the South boundary of said SW 114 of Section 31
North 89°47'50" West 50.67 feet to a point on the extended West boundary of
Record of Survey No. 9145, filed for record in the office of the Ada County Recorder,
Boise, Idaho under Instrument No. 112020607, said point marking the POINT OF
BEGINNING; thence leaving said South boundary along said extended West boundary
and the West boundary of said Record of Survey No, 9146
North 00°00'00" East 175,00 feet to an iron pin marking the Southwest corner of
Weaver Acres No. 1, as filed for record in the office of the Ada County Recorder, Boise,
Idaho in Book 28 of Plats at page 1745; thence along the South boundary of said Weaver
Acres No. 1
North 89°47'50" West 248.37 feet to a point on the centerfine of North Curt Drive;
thence leaving said South boundary along the said centerline of North Curt Drive
South 00032'00" West 175.00 feet to a point on said South boundary of the SW 114
of Section 31; thence along said South boundary
South 89°47'50" East 250.00 feet to the POINT OF BEGINNING,
Said parcel of land contains 1.001 acres, more or less,
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New Beginnings — AZ, SHP H-2017-0026 PAGE 18
EXHIBIT A
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New Beginnings — AZ, SHP H-2017-0026 PAGE 19
D.4:_y�
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 1.00 acre of land property with an R-4
zoning district consistent with the LDR FLUM designation for this property.
The City Council finds that the proposed map amendment and residential use complies with
the provisions of the Comprehensive Plan and should be compatible with the adjacent
residential uses (see section VII above for more information).
b. The map amendment complies with the regulations outlined for the proposed district,
specifically the purpose statement;
The City Council finds that the proposed map amendment to the R-4 zoning district is
consistent with the purpose statement for the residential districts as detailed in Section VIII
above.
c. The map amendment shall not be materially detrimental to the public health, safety,
and welfare;
The City 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.
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 City Council finds that the proposed zoning amendment will not result in any adverse
impact upon the delivery of services by any political subdivision providing services to this
site.
e. The annexation is in the best of interest of the City (UDC 11-513-3.E).
The City Council finds annexing this property with an R-4 zoning district is in the best
interest of the City.
2. Short Plat Findings:
In consideration of a short plat, the decision-making body shall make the following findings:
a. The plat is in conformance with the Comprehensive Plan and is consistent with the Unified
Development Code;
The Comprehensive Plan designates the future land use of this property as LDR. The proposed
zoning is R-4. The City Council finds the proposed short plat complies with the Comprehensive
Plan and the dimensional standards in the UDC for the R-4 zoning district.
b. Public services are available or can be made available and are adequate to accommodate
the proposed development;
The City Council finds that public services are adequate to serve the site.
New Beginnings — AZ, SHP H-2017-0026 PAGE 20
EXHIBIT A
c. The plat is in conformance with scheduled public improvements in accord with the City's
capital improvements program;
The City Council finds that the development will not require the expenditure of capital
improvement funds. All required utilities are being provided with the development of the property
at the developer's expense.
d. There is public financial capability of supporting services for the proposed development;
The City Council finds that the development will not require major expenditures for providing
supporting services. The developer and/or future lot owner(s) will finance the extension of sewer,
water, utitities and pressurized irrigation to serve the project.
e. The development will not be detrimental to the public health, safety or general welfare; and
The City Council recognizes the fact that traffic and noise may increase with the approval of this
subdivision; however, the City Council does not believe that any additional amount generated
will be detrimental to the general welfare of the public in the surrounding area. The City Council
finds that the development of this site will not involve uses that will create nuisances that would
be detrimental to the public health, safety or general welfare.
L The development preserves significant natural, scenic or historic features.
The City Council is not aware of any significant natural, scenic or historic features associated
with the development of this site.
New Beginnings — AZ, SHP H-2017-0026 PAGE 21