Geddes Subdivision H-2017-0041ADA COUNTY RECORDER Christopher D. Rich 2017-066045
BOISE IDAHO Pgs=39 VICTORIA BAILEY 07/19/2017 04:14 PM
CITY OF MERIDIAN, IDAHO NO FEE
DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. Robert Campbell, Owner
3. Schultz Development LLC, Developer
THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into
this day of sUM , 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 Robert Campbell, whose address is 3313 W. Cherry Lane, Ste. 144,
Meridian, Idaho 83642, hereinafter called OWNER and Schultz Development LLC, whose address
is PO Box 1115, Meridian, Idaho 83680, hereinafter called DEVELOPER.
1. RECITALS:
1.1 WHEREAS, Owner is the sole owner, in law and/or equity, of certain tract
of land in the County of Ada, State of Idaho, described in Exhibit "A", which
is attached hereto and by this reference incorporated herein as if set forth in
full, herein after referred to as the Property; and
1.2 WHEREAS, Idaho Code § 67-651 IA provides that cities may, by ordinance,
require or permit as a condition of zoning that the Owners and/or Developer
make a written commitment concerning the use or development 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
1.4 WHEREAS, Owner and/or Developer has submitted an application for the
annexation of approximately 2.08 acres of land fiom the RUT zoning district
in Ada County to the R-8 (Medium Density Residential) zoning districts (as
described in Exhibit "A"), under the Unified Development Code, which
generally describes how the Property will be developed and what
improvements will be made; and
1.5 WHEREAS, Owner and/or Developer made representations at the public
hearings both before the Meridian Planning & Zoning Commission and
before the Meridian City Council, as to how the Property will be developed
and what improvements will be made; and
DEVELOPMENT AGREEMENT— GEDDES SUBDIVISION (H-2017-0041 PAGE 1 OF 8
1.6 WHEREAS, the record of the proceedings for the requested preliminary plat
on the Property held before the Planning & Zoning Commission, and
subsequently before the City Council, includes responses of government
subdivisions providing services within the City of Meridian planning
jurisdiction, and includes further testimony and comment; and
1.7 WHEREAS, on the 51h day of July, 2017, the Meridian City Council
approved certain Findings of Fact and Conclusions of Law and Decision and
Order ("Findings"), which have been incorporated into this Agreement and
attached as Exhibit `B"; and
1.8 WHEREAS, the Findings require the Owner and/or Developer to enter into a
Development Agreement before the City Council takes final action on final
plat; and
1.9 WHEREAS, Owner and/or Developer deems it to be in its best interest to be
able to enter into this Agreement and acknowledges that this Agreement was
entered into voluntarily and at its urging and request; and
1.10 WHEREAS, City requires the Owner and/or Developer to enter into a
development agreement for the purpose of ensuring that the Property is
developed and the subsequent use of the Property is in accordance with the
terms and conditions of this Agreement, herein being established as a result
of evidence received by the City in the proceedings for zoning designation
fi•om 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.
DEVELOPMENT AGREEMENT-GEDDES SUBDIVISION (H-2017-0041 PAGE 2 OF 8
3.2 OWNER: means and refers to Robert Campbell, whose address is 3313 W.
Cherry Lane, Ste. 144, Meridian, Idaho 83646, the party that owns said
Property and shall include any subsequent owner(s) of the Property.
3.3 DEVELOPER: means and refers to Schultz Development LLC, whose
address is PO Box 1115, Meridian, Idaho 83680, the party that is developing
said Property and shall include any subsequent developer(s) of the Property.
3.4 PROPERTY: means and refers to that certain parcel(s) of Property located
in the County of Ada, City of Meridian as described in Exhibit "A"
describing the parcels to be re -zoned Medium Density Residential (R-8)
zoning district 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.
CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY:
5.1. Owner and/or Developer shall develop the Property in accordance with the
following special conditions:
a. Development shall substantially comply with the preliminary plat, landscape plan and
building elevations included in the Staff Report attached to Exhibit B, Findings of Fact
Conclusions of Law.
b. Council allowed the Eightmile Lateral to remain open and not be piped due to the large
capacity of the facility as allowed in UDC 11-3A-6B.3b.
c. The developer shall provide one (1) qualifying site amenity per UDC 11 -3G -3C within
the common area on Lot 4, Block 1.
The developer shall provide a gas line within a public utility easement to the north
property boundary for use and extension to the property to the north (parcel
S1203223400).
e. All homes within this development are restricted to a single -story in height and a
minimum of 1,500 square feet as committed to by the applicant at the public hearing.
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.
DEVELOPMENT AGREEMENT -GEDDES SUBDIVISION (H-2017-0041) PAGE 3 OF 8
7. DEFAULT/CONSENT TO DE -ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
7.1 Acts of Default. Either party's failure to faithfully comply with all of the
terms and conditions included in this Agreement shall constitute default
under this Agreement.
7.2 Notice and Cure Period. In the event of Owner and/or Developer's default
of this Agreement, Owner and/or Developer shall have thirty (3 0) 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, Owners and/or Developer shall
be deemed to have consented to modification of this Agreement and de -
annexation and reversal of the zoning designations described herein, solely
against the offending portion of Property and upon City's compliance with all
applicable laws, ordinances and rules, including any applicable provisions of
Idaho Code §§ 67-6509 and 67-6511. Owner and/or Developer reserve all
rights to contest whether a default has occurred. This Agreement shall be
enforceable in the Fourth Judicial District Court in Ada County by either City
or Owner and/or Developer, or by any successor or successors in title or by
the assigns of the parties hereto. Enforcement may be sought by an
appropriate action at law or in equity to secure the specific performance of
the covenants, agreements, conditions, and obligations contained herein.
7.4 Delay. In the event the performance of any covenant to be performed
hereunder by either Owner and/or Developer or City is delayed for causes that
are beyond the reasonable control of the party responsible for such
performance, which shall include, without limitation, acts of civil
disobedience, strikes or similar causes, the time for such performance shall be
extended by the amount of time of such delay.
7.5 Waiver. A waiver by City of any default by Owner and/or Developer of any
one or more of the covenants or conditions hereof shall apply solely to the
default and defaults waived and shall neither bar any other rights or remedies
of City nor apply to any subsequent default of any such or other covenants
and conditions.
8. INSPECTION: Owner and/or Developer shall, immediately upon completion of
any portion or the entirety of said development of the Property as required by this Agreement or by
City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and
DEVELOPMENT AGREEMENT-GEDDES SUBDIVISION (H-2017-0041) PAGE 4 OF 8
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 ofthe duly approved Agreement, enact a
valid and binding ordinance zoning the Property as specified herein.
11. SURETY OF PERFORMANCE: The City may also require surety bonds,
irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under the
UDC, to insure the installation of required improvements, which the Owner and/or Developer agree
to provide, if required by the City.
12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued
in any phase in which the improvements have not been installed, completed, and accepted by the
City, or sufficient surety of performance is provided by Owner and/or Developer to the City in
accordance with Paragraph 11 above.
13. ABIDE BY ALL CITY ORDINANCES: That Owner and/or Developer agree to
abide by all ordinances of the City of Meridian unless otherwise provided by this Agreement.
14, NOTICES: Any notice desired by the parties and/or required by this Agreement
shall be deemed delivered if and when personally delivered or three (3) days after deposit in the
United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed
as follows:
CITY:
City Cleric
City of Meridian
33 E. Broadway Ave.
Meridian, Idaho 83642
OWNER:
Robert Campbell
3313 W. Cherry Lane, Ste.144
Meridian, ID 83642
with copy to:
City Attorney
City of Meridian
33 E. Broadway Avenue
Meridian, ID 83642
DEVELOPER:
Schultz Development LLC
PO Box 1115
Meridian, ID 83680
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.
DEVELOPMENT AGREEMENT - GEDDES SUBDIVISION (H-2017-0041 PAGE 5 OF 8
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 owners shall be both benefited and bound by the conditions and restrictions
herein expressed. City agrees, upon written request of Owner and/or Developer, to execute
appropriate and recordable evidence of termination of this Agreement if City, in its sole and
reasonable discretion, had determined that Owner and/or Developer have fully performed their
obligations under this Agreement.
18. INVALID PROVISION: If any provision of this Agreement is held not valid by a
court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement
and the invalidity thereof shall not affect any of the other provisions contained herein.
19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided, each party
shall act reasonably in giving any consent, approval, or taking any other action under this Agreement.
20. COOPERATION OF THE PARTIES: In the event of any legal or equitable action
or other proceeding instituted by any third party (including a governmental entity or official)
challenging the validity of any provision in this Agreement, the parties agree to cooperate in
defending such action or proceeding.
21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements,
agreements, condition and understandings between Owner and/or Developer and City relative to the
subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral
or written, express or implied, between Owner and/or Developer and City, other than as are stated
herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or
addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and
signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a
duly adopted ordinance or resolution of City.
21.1 No condition governing the uses and/or conditions governing re -zoning of the subject
Property herein provided for can be modified or amended without the approval of the
City Council after the City has conducted public hearing(s) in accordance with the
DEVELOPMENT AGREEMENT -GEDDES SUBDIVISION (H-2017-0041 PAGE 6 OF 8
notice provisions provided for a zoning designation and/or amendment in force at the
time of the proposed amendment.
22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the
date the Meridian City. Council shall adopt the amendment to the Meridian Zoning Ordinance in
connection with the annexation and zoning of the Property and execution of the Mayor and City
Clerk.
end of text; signatures, acknowledgements, and Exhibits A and B follow]
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement and made
it effective as hereinabove provided.
OWNER:
Robert
DEVELOPER:
Schultz Development LLC
By:
Matthew Schultz
its, Manager
CITY OF MERIDIAN ATTEST:
AU
By: o.
Mayor Tamtly de acrd C. y Cole ity Clerk
j0p14
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TFRortnetaEP
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DEVELOPMENT AGREEMENT—GEDDES SUBDIVISION (B-2017-0041) PAGE 7 OF 8
STATE OF IDAHO
ss:
County of Ada, )
On this il— day of , 2017, before me, the undersigned, a Notary Public in and for said State,
personally appeared Robert Campbell nowrr or identified to me to be the person who signed below, 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.
SEAL MELISSA M, McCORMICK
NOTARY PUBLIC
STATE OF IDAHO
STATE OF IDAHO
ss:
Not y Public for Ida q
Residing at. UY tZVI
My Commission Expires: (012-123
County of Ada, )
On this 10 day ofC]U i , 2017, before me, the undersigned, a Notary Public in and for said State,
personally appeared Matthew Sehuwn or identified tome to be the Manager of Schultz Development LLC, and
acknowledged to me that he executed the same on behalf of said Corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this
certificate first above written.
SEAL=
Notary
C K I N S E Y
Notal Publi r Idaho
Publicf Idaho. Residing at:
My Commission Expires: I > C 3
STATE OF IDAHO
County of Ada ) _
On this day of l , 2017, before me, a Notary Public, personally appeared
Tammy de Weerd and C.Jay Coles, know or identiffied 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) ®,o;'
C> +
OVA
name®®+
L-ih h
Notary Public op -eU JEDResidingat:
Commission expires: '
DEVELOPMENT AGREEMENT-GEDDES SUBDIVISION (H-2017-0041) PAGE 9 OF 8
April 5, 2017
DESCRIPTION FOR
R-8 ZONE
GEDDES SUBDIVISION
A parcel of land located in the NW 114 of the NW 114 of Section 3, Township 3
North, Range 1 West, B.M., Meridian, Ada County, Idaho being more particularly
described as follows:
Commencing at the NW corner of said Section 3 from which the W1/4 corner of
said Section 3 bears South 00°37'58" West, 2697.53 feet;
Thence along the West boundary line of said Section 3 South 00°37'68" West,
443.88 feet;
Thence leaving said West boundary line South 89°23'11" East, 414.76 feet to
the REAL POINT OF BEGINNING;
Thence continuing South 89°23'11" East, 260.26 feet to a point on the
southwesterly boundary line of Klamath Basin Subdivision as filed in Book 96 of Plats
at Pages 11914 and 11915, records of Ada County, Idaho;
Thence along said southwesterly boundary line the following 2 courses and
distances:
Thence South 52°36'15" East, 106.58 feet;
Thence South 60°06'23" East, 22.04 feet to the SW corner of Staten Park
Subdivision as filed in Book 86 of Plats at Pages 9713 and 9714, records of Ada
County, Idaho;
Thence along the southwesterly boundary line of said Staten Park Subdivision
the following 3 courses and distances:
Thence South 60°07'02" East, 48.03 feet;
Thence South 64°00'36" East, 202.17 feet;
Thence South 64°36'16" East, 44.31 feet to an angle point in the exterior
boundary line of The Lake At Cherry Lane No. 9 Subdivision as filed in Book 81 of
Plats at Pages 8885 and 8886, records of Ada County, Idaho;
Thence along the North boundary line of said The Lake At Cherry Lane No. 9
Subdivision and the North boundary line of Ashford Greens Subdivision as filed in
Book 73 of Plats at Pages 7567 through 7668, records of Ada County, Idaho North
89°23'11" West, 625.89 feet;
Thence leaving said North boundary line North 00°38'20" East, 210.00 feet to
the REAL POINT OF BEGINNING. Contains an area of 2.08 acres, more or less. ND
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Geddes Subdivision — H-2017-0041
EXHIBIT A
33 34 T,4.N
4,00 NO.
13-059
StjmlenrDrowErt
sT.
SURVEY SO E"' R-8 ZONE SWET NO.
4 3 T,3N.
GEDDES SUBDIVISION 1
LOCATED 14 THE I7 1/2 OF 1HE HW 1/4 OF SECHO!! 3, DWa DATE
T,34., P.M., D.M., ADA COUNTY, IDAHO 3/28/2017
yRs/N1
SLa
S89'23'11 "E S89'23'11 "E
414.76' 260.26'
v '56 560'06'23"E
1psssys 22.04'
I 8
w STq
N
M I0 2.08 acres A1R/rbp3
i 01 N S60 07'02' p . 6" S( 10, 21) 6INzzl46.03'
I
N89'23'11"W 625.89' 13 ASHFORD GREENS SUB.
S543613 E
THE LAKE AT CHERRY 44.31'
LANE NO. 9 SUB
1/4
4 JV
120 360
240
SCALE: 1 ° = 120'
IDAHO EXHIBIT DRAWING FOR 4,00 NO.
13-059
StjmlenrDrowErt
sT.
SURVEY SO E"' R-8 ZONE SWET NO.
uewa,+n, NAIa ei:+z
rroolusaslo
GROUP, P.C.
GEDDES SUBDIVISION 1
LOCATED 14 THE I7 1/2 OF 1HE HW 1/4 OF SECHO!! 3, DWa DATE
T,34., P.M., D.M., ADA COUNTY, IDAHO 3/28/2017
Geddes Subdivision — H-2017-0041
EXHIBIT B
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW C fE I %
AND DECISION & ORDER
In the Matter of the Request for Annexation and Zoning of 2.08 Acres of Land with an R-8 Zoning
District; and Preliminary Plat Consisting of Ten (10) Building Lots and Four (4) Common Lots on
2.08 Acres of Land in the R-8 Zoning District, by Schultz Development.
Case No(s). H-2017-0041
For the City Council Hearing Date of: June 20, 2017 (Findings on July 5, 2017)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of June 20, 2017, incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of June 20, 2017, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of June 20, 2017,
incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of June 20, 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-2017-0041 - 1 -
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of June 20, 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 the request for preliminary plat is hereby approved per the
conditions of approval in the Staff Report for the hearing date of June 20, 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 11-613-713).
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-
613-7C).
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 retuned to the city within six (6) months of the city council granting the
modification.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2017-0041 -2-
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.
E. Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development
application entitles the Owner to request a regulatory taking analysis. Such request must be in
writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the
final decision concerning the matter at issue. A request for a regulatory takings analysis will
toll the time period within which a Petition for Judicial Review may be filed.
2. Please take notice that this is a final action of the governing body of the City of Meridian.
When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person
who has an interest in real property which may be adversely affected by the final action of the
governing board may within twenty-eight (28) days after the date of this decision and order
seek a judicial review as provided by Chapter 52, Title 67, Idaho Code.
F. Attached: Staff Report for the hearing date of June 20, 2017
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2017-0041 - 3 -
By action of the City Council at its regular meeting held on the ^_ ` day of UGC
2017.
COUNCIL PRESIDENT KEITH BIRD
COUNCIL VICE PRESIDENT JOE BORTON
COUNCIL MEMBER ANNE LITTLE ROBERTS
COUNCIL MEMBER TY PALMER
COUNCIL MEMBER LUKE CAVENER
COUNCIL MEMBER GENESIS MILAM
MAYOR TAMMY de WEERD
TIE BREAKER)
Mayor Weerd
Attest:
2 ('Ily of
C.Ja Coles L,
City Clerk,
y
T.
SEA
ate/
VOTED
VOTED
VOTED AA
VOTED eG
VOTED Y4
VOTED `je J
VOTED
Copy served upon Applicant, Community Development Department, Public Works Department and City
Attorney,
By: G, y C_ 0 4ell Dated: 7( IZ >1-7
City Clerk's Office
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2017-0041 - 4 -
EXHIBIT A
STAFF REPORT
Hearing Date: June 20, 2017 IA .— W,
TO: Mayor & City Council
FROM: Sonya Allen, Associate City Planner
208-884-5533
Bruce Freckleton, Development Services Manager
208-887-2211
SUBJECT: Geddes Subdivision — AZ, PP (H-2017-0041)
I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Schultz Development, has submitted an application for annexation and zoning (AZ) of
2.08 acres of land with an R-8 zoning district; and a preliminary plat (PP) consisting of 10 building
lots and 4 common lots on 2.08 acres of land for Geddes 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 & Zoniniz Commission heard these items on Mav 18, 2017. At the
public hearing, the Commission moved to recommend approval of the subiect AZ and PP
requests.
a. Summary of Commission Public Hearing:
L In favor: Matt Schultz
ii. In opposition: None
iii. Commenting: Mike Sorensen
iv. Written testimony: Matt Schultz, Applicant's Representative
X. Staff presenting application: Sonya Allen
vi. Other staff commenting on application: Caleb Hood
b. Key issue(s) of Public Testimony:
L Mr. Sorensen would like a stub street provided to his property at the north boundary of
the site as he's concerned a future roundabout at the Black Cat/Ustick Roads
intersection may affect future access to his property. He is also concerned about his
irrigation rights being interrupted by the proposed development. He would also like a
utility easement for a gas line to be extended to his property from N. Geddes Place.
In response to the irrigation concern, the applicant stated the existing irrigation ditch that
provides water to Mr. Sorensen's property will be piped and water delivery won't be
interrupted. He was amenable to extending a gas line within a public utilioJ easement along a
side lot line to the northh boundar}, of the development.
ii. The applicant stated that homes within the development will be restricted to a single -
story in height and a minimum of 1,500 square feet and was amenable to such a
provision beim included in the development agreement.
c. Key Issues of Discussion by Commission:
i. The request for a "step-up" in density from LDR to MDR— the Commission was in
favor of the proposed layout and density;
ii. Mr. Sorensen's concerns regarding irrigation delivery, access and an easement for a gas
line were discussed — they were in favor of an easement being provided to the north
Geddes Subdivision — AZ, PP H-2017-0041 PAGE 1
EXHIBIT A
boundary of the development for a gas line as requested; continuance of water delivery
is required, a condition is not needed.
d. Commission Change(s) to Staff Recommendation:
L. Add a requirement for a gas line to be extended within a public utility easement to the
north property boundary for use by the property owner to the north (see condition
1.1_1 d).
ii. Add a provision in the DA that homes within the development are restricted to a single -
story in height and a minimum of 1,500 square feet (see condition #1.1.1e).
e. Outstanding Issues) for City Council:
L. The applicant requests approval of a "step up" in density from LDR (3 or fewer
units/acre) to MDR (3-8 units/acre) to accommodate the proposed development at 4.8
dwelling units per/acre.
The Meridian City Council heard these items on June 20, 2017, At the public hearing, the
Council approved the subject AZ and PP requests.
a Summary of City Council Public Hearing:
L In favor: Matt Schultz, Applicant
3i In opposition: Van Bishop
moi., Commenting: None
jy, Written testimony: None
y,. Staff presenting application: Sonya Allen
yi Otber staff commenting on application• None
b. Key issue(s) of Public Testimony:
i hange of plans from a 55 and older development as discussed at the neighborhood
meeting to no restrictions on age although 55+ is anticipated due to the type of housing
and will be marketed as such•
Concern that the proposed density is too high: and
U Concern for the safety of kids walking to Ponderosa Elementary School with more
traffic in the area.
u
Kev Issues of Discussion by Council:
i Fencing type along the lateral (applicant stated 6' wrought iron would be constructed):
Li. Concern regarding future access for development of the property to the north with a
roundabout being planned for the Black Cat/Ustick intersection if a stub isn't provided
to the north with this development
di. Key Council Changes to Commission Recommendation
i Council approved the request for a " tgp up" in density as proposed: and,
li Council approved the rMe t for the Eight Mile lateral to remain open and not be
piped due to the large capacity of the facility.
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Number H-2017-
0041, as presented in the staff report for the hearing date of June 20, 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-2017-0041,
as presented during the hearing on June 20, 2017, for the following reasons: (You should state
specific reasons for denial)
Geddes Subdivision — AZ, PP H-2017-0041 PACE 2
EXHIBIT A
Continuance
I move to continue File Number H-2017-0041 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 off the southeast corner of N. Black Cat Road and W. Ustick Road in the NW
4 of Section 3, Township 3N., Range 1W. (Parcel #S1203223480).
B. Owner:
Robert Campbell
3313 W. Cherry Lane, Ste. 144
Meridian, ID 83642
C. Applicant:
Schultz Development
P.O. Box 1115
Meridian, ID 83680
D. Representative:
Matt Schultz, Schultz Development
P.O. Box 1115
Meridian, ID 83680
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: April 28, 2017 (Commission); June 2, 2017 (City Council)
C. Radius notices mailed to properties within 300 feet on: April 20, 2017 (Commission); Maw
2017 (City Council)
D. Applicant posted notice on site(s) on: May 5, 2017 (Commission); June 9, 2017 (City Council)
VI. LAND USE
A. Existing Land Use(s) and Zoning: The annexation area consists of vacant/undeveloped land
agricultural property, zoned RUT in Ada County.
B. Character of Surrounding Area and Adjacent Land Use and Zoning:
1. North: Rural and urban single-family residential properties in Klamath Basin Subdivision,
zoned RUT in Ada County and R-4
2. East: Single-family residential properties in Staten Park Subdivision, zoned R-4
3. South: Single-family residential properties in Ashford Greens and Lake at Cherry Lane
Subdivision No. 9, zoned R-4
4. West: Rural residential property, zoned RUT in Ada County
Geddes Subdivision — AZ, PP H-2017-0041 PAGE 3
EXHIBIT A
C. History of Previous Actions: None
D. Utilities:
1. Location of sewer: A sanitary sewer main intended to provide service to the proposed
development currently exist in N. Geddes Place.
2. Location of water: A water mains intended to provide service to the proposed development
currently exist adjacent to the proposed development in N. Geddes Place.
3. Issues or concerns: None.
E. Physical Features:
Canals/Ditches Irrigation: The Eightmile lateral runs along the northeast boundary of this
property.
2. Hazards: Staff is not aware of any hazards that exist on this property.
Flood Plain: This site does not lie within the Meridian Floodplain Overlay District.
VH. COMPREHENSIVE PLAN POLICIES AND GOALS
The Comprehensive Plan Future Land Use Map (FLUM) designates this site as Low Density
Residential (LDR).
LDR designated areas allow 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 3 dwelling units or
less per acre. Density bonuses may be considered with the provision of public amenities such as open
space, pathways, or land dedicated for public services.
The applicant proposes to develop this 2.08 acre site with 10 single-family residential homes.
The structures will all be detached with a gross density of 4.81 dwelling units per acre
d.u./acre) and a net density of 8.85 d.u./acre, which is above the density allowed in the LDR
FLUM designation of 3 units or fewer per acre. Therefore, the applicant requests City Council
consideration of a "step up" in density to Medium Density Residential (MDR) without
requiring a Comprehensive Plan as allowed in the Comprehensive Plan (pg. 21).
Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to
the proposed use (staff analysis in italics):
Support a variety of residential categories (low-, medium-, medium-high and high-density
single-family, multi -family, townhouses, duplexes, apartments, condominiums, etc.) for the
purpose of providing the City with a range of affordable housing opportunities." (3.07.01E)
The proposed single-family detached dwellings will contribute to the variety of housing o pes
available within the Cit),. Staff is unaware of how "affordable" the units will be.
Permit new development only where urban services can be reasonably provided at the time
of final approval and development is contiguous to the City." (3.01.0IF)
Cit), services are available and will be extended by the developer to the proposed lots with
development of the site in accord with UDC 11-3A-21.
Require common area in all subdivisions." (3.07.02F)
Although not required by the UDC (11-3G-3) because the property is below S acres in size,
common area is proposed which contains the Eightinile Lateral and landscaping adjacent to
the cul-de-sac abutting the lateral.
Geddes Subdivision — AZ, PP H-2017-0041 PAGE 4
EXHIBIT A
Encourage infill development." (3.04.02B)
The subject property, along with 4 other adjacent properties to the northwest, is surrounded
by land that has already been annexed and developed in the City.
Review new development for appropriate opportunities to connect local roads and collectors
to adjacent properties (stub streets). (3.03.020)
The proposed plat depicts the extension off. Geddes Avenue, which is stubbed at the
southwest corner of the site and a stub (W. Shirdale St) to the property to the westfor future
extension.
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 andfire 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."(5.01,01 E)
The applicant is proposing to leave the Eightrnile Lateral open due to the large capacity of
the facility. A wrought iron fence is proposed along the southwest side of the facility to
restrict access and protectpublic safety. The waterwav should be protected during
construction.
For the above stated reasons, staff finds the proposed project is generally consistent with the goals
and objectives in the Comprehensive Plan if a "step up" in density is approved by City Council.
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 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-8 zoning district. Any use not
explicitly listed, or listed as a prohibited use is prohibited. The proposed use of the site for single-
farnity detached dwellings is a principal permitted use in the R-8 zoning district.
C. Dimensional Standards: Development of the site should be consistent with the dimensional
standards listed in UDC Tables 11-2A-6 for the R-8 zoning district.
D. Landscaping: Because this property is below 5 acres in size and is not adjacent to any collector or
arterial streets or pathways, landscaping is not required in this development.
E. Subdivision Design and Improvement Standards: The subdivision must comply with the
subdivision design standards outlined in UDC 11-6C-3.
F. Off -Street Parking: Off-street parking is required in accord with UDC Table 11-3C-6 for single-
family dwellings.
Geddes Subdivision — AZ, PP H-2017-0041 PAGE 5
EXHIBIT A
IX. ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
1. Annexation & Zoning
The applicant has applied for annexation and zoning of 2.08 acres of land with an R-8 zoning
district contingent upon City Council's approval of the request for a "step up" in density from
LDR to MDR as discussed above. If a step up in density is approved, staff believes the proposed
zoning designation is generally consistent with the policies in the Comprehensive Plan. (Note:
Stuff has verified that the subject property is an "original parcel of record" as defined by UDC
II -IA -1)
The applicant proposes to develop 10 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 10 building lots and 4 common lots on 2.08 acres of land in a
proposed R-8 zoning district (see Exhibit A.2). The gross density for the subdivision is 4.8
dwelling units per acre (d.u./acre) with a net density of 8.9 d.u./acre. The minimum property size
is 4,034 square feet (s.f.) with an average lot size of 4,960 s.f.
Dimensional Standards: Development of this site is required to comply with the dimensional
standards listed in UDC 11-2A-3 and Table 11-2A-6 for the R-8 zoning district. Staff has
reviewed the proposed plat and found it to be in compliance with those standards.
Access: Access is proposed for this site via the extension of a local street, N. Geddes Avenue,
currently stubbed to the southwest corner of the site.
Stub Streets: A stub street, W. Shirdale St., is proposed to the west for future extension and
interconnectivity. Because access will be limited for the 3 adjacent parcels to the north and
west because of the roundabout planned at the Blackeat/Ustick intersection and the location
of the Eightmile Lateral along the east boundary, staff is concerned that development of
these parcels may result in a cul-de-sac (or dead end) in excess of the maximum allowed of
450' and/or more than 30 homes without a secondary access as required by the Fire
Department. Staff recommended the applicant submit a concept drawing prior to the
Commission hearing to demonstrate how these parcels could redevelop to address these
concerns.
Common Driveways: All common driveways are required to comply with the standards listed in
UDC 11 -6C -3D. The applicant is proposing a common driveway (on Lot 7, Block 1) for access to
three of the lots (Lots 6, 8 and 9, Block 1) at the east end of this subdivision. The plat depicts the
setbacks, building envelope and orientation of the lots and future structures accessed by the
common driveway; all comply with the standards for common driveways.
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
Geddes Subdivision — AZ, PP H-2017-0041 PAGE 6
EXHIBIT A
the driveway. Lot 10, Block 1 abuts the driveway but is not proposed to take access from the
driveway; the landscape plan/preliminary plat should be revised to incorporate one of the
aforementioned features to restrict access to the common 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.
Parking: Off-street parking is required on each residential lot in accord with the standards listed
in UDC I 1-3C-6.
Landscaping: A landscape plan was submitted with this application for the area proposed to be
platted as shown in Exhibit A.3. Landscaped common area is proposed adjacent to the cul-de-sac.
Because this property is below 5 acres in size and is not adjacent to any collector or arterial
streets or pathways, any landscaping provided is not required to comply with UDC standards.
Tree Mitigation: Mitigation is required for all existing trees 4" caliper or greater that are
removed from the site with equal replacement of the total calipers lost on site up to an amount of
one hundred percent replacement.
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.
Open Space/Site Amenities: Because the site is below 5 acres in size, the UDC standards for
open space and site amenities do not apply to the proposed development. Some landscaped
common area is proposed adjacent to the cul-de-sac at the east end of the site.
Because the applicant requests a "step up" in density, staff recommends a qualifying
amenity (per UDC 11 -3G -3C) is provided in the common area as a provision of the
development agreement.
Pathways: The Pathways Master Plan does not depict a regional pathway on this site.
Sidewalks: Sidewalks are required along all public streets as set forth in UDC 11-3A-17. The plat
depicts 5 -foot wide attached sidewalks throughout the development in accord with this
requirement.
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. The subdivision is
proposed to be serviced by existing 8" sewer and water mains constructed at the southwest
property line in the N. Geddes Place stub street.
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. Pressurized irrigation is proposed to
be provided by NMID via an existing pump station for the Lakes at Cherry Lane Subdivision and
a stub exists at the southeast corner of the site.
Storm Drainage: An adequate storm drainage system is required in all developments in accord
with the City's adopted standards, specifications and ordinances. Design and construction shall
follow best management practice as adopted by the City as set forth in UDC 11-3A-18.
Underground seepage beds are proposed for storm drainage and are required to comply with
ACHD design criteria and standards.
Geddes Subdivision — AZ, PP H-2017-0041 PAGE 7
EXHIBIT A
Waterways: 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.
There is an existing private irrigation ditch along the east boundary of the site that provides
service to the properties to the north that is proposed to be piped with a 12" pipe.
The Eightmile Lateral also exists along the east boundary of the site. The applicant requests
a waiver from Council to allow the lateral to remain open due to its large capacity as set
forth in UDC 11-3A-6A.3b; the applicant estimates it would take at least a 48" diameter
pipe to tile the facility. (Note: Adjacent developments have been allowed to leave it open and
not pipe it.) The easement for the lateral should be depicted on the face of the plat and
labeled as such.
Building Elevations: The applicant has submitted conceptual building elevations for future
homes within this development (see Exhibit AA). Building materials consist of horizontal and
vertical siding with rock/stone veneer accents. All homes are proposed to be 40 -foot wide single -
story units and range in size from 1,400 to 1,800 s.f. Future development should be consistent
with these elevations and materials.
Fencing: All fencing should comply with the standards listed in UDC 11 -3A -6B and 11-3A-7.
There is an existing vinyl fence along the southern boundary of this site that is proposed to
remain. A vinyl fence is proposed along the west boundary of the subdivision and a wrought iron
fence is proposed adjacent to the common area on Lots 4 and 5 (to restrict access to the lateral),
Block 1 in accord with UDC standards. A detail of the proposed fencing should be submitted
with the final plat application.
In. surnnrauy, Staff reconnmends approval of the proposed annexation and preliminary plat request
for this site with a development agreement and the reconnnended provisions listed in Exhibit B of
this report in accord with the Findings contained in Exhibit D.
X. EXHIBITS
A. Drawings/Other
1. Vicinity/Zoning Map
2. Proposed Preliminary Plat (dated: 04/15/17)
3. Proposed Landscape Plan (dated: 04/12/17)
4. Conceptual Building Elevations
B. Agency & Department Comments/Conditions
C. Legal Description & Exhibit Map for Annexation Boundary
D. Required Findings from Unified Development Code
Geddes Subdivision — AZ, PP H-2017-0041 PAGE 8
EXHIBIT A
A. Drawings
1. Vicinity/Zoning Map
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EXHIBIT A
2. Proposed Preliminary Plat (dated: 04/15/17)
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EXHIBIT A
3. Proposed Landscape Plan (dated: 04/12/17)
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4. Conceptual Building Elevations
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Page 5
B. EXHIBIT B - AGENCY & DEPARTMENT COMMENTS/CONDITIONS
1. PLANNING DEPARTMENT
1.1 Comments/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. Development shall substantially comply with the preliminary plat, landscape plan and
building elevations included in Exhibit A.
b. The Eigh4mile Later -a! shall be piped unless waived by Git, Couneil as set feAh in UDG
11 3A6: Council allowed the Eihtmile Lateral to remain open and not be piped due to
the large capacity of the facility as allowed in UDC 11-3A-6B.3b.
c. The developer shall provide one (1) qualifying site amenity per UDC 11 -3G -3C within the
common area on Lot 4, Block 1.
d. The developer shall provide a gas line within a public utility easement to the north
property boundary for use and extension to the property to the north (parcel
51203223400).
e. All homes within this development are restricted to a single -story in height and a
minimum of 1,500 square feet as committed to b thepplicant at the public hearing_
1.1.2 The preliminary plat included in Exhibit A.2, dated 4/15/17, shall be revised as follows:
a. A common lot for a 5 -foot wide landscape strip is required along Lot 7, Block 1 on Lot 10,
Block 1 to prohibit access to the common driveway, tnnless a significant geographical
feature is provided as set forth in UDC 11 -6C -3D.5.
b. Depict the easement for the Eightmile Lateral and label it as such. All of the easement
shall be within the common lot.
1.1.3 The landscape plan included in Exhibit A.4, dated April 2016, shall be revised as follows:
a. A common lot for a 5 -foot wide landscape strip is required along Lot 7, Block 1 on Lot 10,
Block 1 to prohibit access to the common driveway, unless a significant geographical
feature is provided as set forth in UDC 11 -6C -3D.5.
b. Include a detail for the proposed fencing that complies with the standards listed in UDC
11 -3A -7A.
c. Include mitigation information for any existing trees on the site that are proposed to be
removed asset forth in UDC 11 -3B -10C.5.
d. Depict the site amenity(s) within the common area on Lot 4, Block 1 as required in the
development agreement.
Exhibit A
Page 6
1.1.4 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 as set forth in UDC 11 -6C -3D.8.
1.2 General Conditions of Approval
1.2.1 Comply with all bulk, use, and development standards of the R-8 zoning district listed in UDC
Table 11-2-A-6.
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 11-313-6 and MCC 9-1-28.
1.2.5 Comply with the sidewalk standards as set forth in UDC 11-3A-17.
1.2.6 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-313-5J.
1.2.7 Construct the required landscape buffers consistent with the standards as set forth in UDC 11-
313-7C.
1.2.8 Construct storm water integration facilities that meet the standards as set forth in UDC 11-313-
11 C.
1.2.9 Construct all parkways consistent with the standards as set forth in UDC 11-3A47E, 11-3G-
3135 and 11-313-7C.
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 11-313-10.
1.2.12 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision
triangle.
1.3 Ongoing Conditions of Approval
1.3.1 The applicant and/or assigns shall have the continuing obligation to provide irrigation that
meets the standards as set forth in UDC 11-313-6 and to install and maintain all landscaping as
set forth in UDC 11-313-5, UDC 11-313-13 and UDC 11-313-14.
1.3.2 All conunon 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.
Exhibit A
Page 7
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:Uwww.meridiancity.orWpublic worlcs.aspx?id=272
2.2 General Conditions of Approval
2.2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works
Department, and execute standard forms of easements for any mains that are required to
provide service outside of a public right-of-way. Minimum cover over sewer mains is three
feet, if cover from top of pipe to sub -grade is less than three feet than alternate materials shall
be used in conformance of City of Meridian Public Works Departments Standard
Specifications.
2.2.2 Per Meridian City Code (MCC), the applicant shall be responsible to install sewer and water
mains to and through this development. Applicant may be eligible for a reimbursement
agreement for infrastructure enhancement per MCC 8-6-5.
2.2.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public
right of way (include all water services and hydrants). The easement widths shall be 20 -feet
wide for a single utility, or 30 -feet wide for two. The easements shall not be dedicated via the
plat, but rather dedicated outside the plat process using the City of Meridian's standard forms.
The easement shall be graphically depicted on the plat for reference purposes. Submit an
executed easement (on the form available from Public Works), a legal description prepared by
an Idaho Licensed Professional Land Surveyor, which must include the area of the easement
marked EXHIBIT A) and an 81/2" x 11" map with bearings and distances (marked EXHIBIT
B) for review. Both exhibits must be sealed, signed and dated by a Professional Land
Exhibit A
Page 8
Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All
easements must be submitted, reviewed, and approved prior to signature of the final plat by the
City Engineer.
2.2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water (MCC 9-2-28C 1). The applicant should be required to use any existing surface
or well water for the primary source. If a surface or well source is not available, a single -point
connection to the culinary water system shall be required. If a single -point connection is
utilized, the developer will be responsible for the payment of assessments for the common
areas prior to prior to receiving development plan approval.
2.2.5 All existing structures that are required to be removed shall be prior to signature on the final
plat by the City Engineer. Any structures that are allowed to remain shall be subject to
evaluation and possible reassignment of street addressing to be in compliance with MCC.
2.2.6 All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting,
crossing or laying adjacent and contiguous to the area being subdivided shall be tiled per UDC
I1 -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, road base approved by the Ada County Highway District and the Final Plat for this
subdivision shall be recorded, prior to applying for building permits.
2.2.10 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted
fencing, landscaping, amenities, etc., prior to signature on the final plat.
2.2.11 All improvements related to public life, safety and health shall be completed prior to
occupancy of the structures. Where approved by the City Engineer, an owner may post a
performance surety for such improvements in order to obtain City Engineer signature on the
final plat as set forth in UDC 11 -5C -3B.
2.2.12 Applicant shall be required to pay Public Works development plan review, and construction
inspection fees, as determined during the plan review process, prior to the issuance of a plan
approval letter.
2.2.13 It shall be the responsibility of the applicant to ensure that all development features comply
with the Americans with Disabilities Act and the Fair Housing Act.
2.2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting
that may be required by the Array 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 11-1-413.
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.
Exbibit A
Page 9
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 ACED. The design engineer shall provide certification that the facilities have been
installed in accordance with the approved design plans. This certification will be required
before a certificate of occupancy is issued for any structures within the project.
2.2.20 At the completion of the project, the applicant shall be responsible to submit record drawings
per the City of Meridian AutoCAD standards. These record drawings must be received and
approved prior to the issuance of a certification of occupancy for any structures within the
project.
2.2.21 Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street
Lighting (http://wwwaneridiancity.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 sheet lights. The
contractor's work and materials shall confoini to the ISPWC and the City of Meridian
Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and
Utility Coordinator at 898-5500 for information on the locations of existing street lighting.
2.2.22 The City of Meridian requires that the owner post to the City a performance surety in the
amount of 125% of the total construction cost for all incomplete sewer, water and reuse
infrastructure prior to final plat signature. This surety will be verified by a line item cost
estimate provided by the owner to the City. The surety can be posted in the form of an
irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety,
which can be found on the Community Development Department website. Please contact
Land Development Service for more information at 887-2211.
2.2.23 The City of Meridian requires that the owner post to the City a warranty surety in the amount
of 20% of the total constriction 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 comment on this application.
4. FIRE DEPARTMENT
4.1 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 Fie Department in
accordance with International Fire Code Section (IFC) 508.5.4 as follows:
a. Fire hydrants shall have the 4 /z" outlet face the main street or parking lot drive aisle.
b. Fire hydrants shall not face a street which does not have addresses on it.
Exhibit A
Page 10
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 41/2" outlets.
g. Fire hydrants shall be provided to meet the requirements of IFC Section 509.5.
h. Show all proposed or existing hydrants for all new construction or additions to
existing buildings within 1,000 feet of the project.
4.3 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.
4.4 All common driveways shall be straight or have a turning radius of 28' inside and 48' outside
and have a clear driving surface of 20' in width capable of supporting an imposed weight of
75,000 GVW, per International Fire Code Section 503.2.
4.5 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.
4.6 Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set
forth in International Fire Code Section 304.1.2.
4.7 Operational fire hydrants, temporary or permanent street signs, and access roads with an all
weather surface are required to be installed before combustible construction material is brought
onto the site, as set forth in International Fire Code Section (IFC) 501.4 and Meridian amendment
to IFC 10-4-2J.
4.8 The roadways shall be built to Ada County Highway District cross section standards and have
a clear driving surface. Streets less than 26' in width shall have no on -street parking; streets
less than 32' in width shall have parking only on one side. These measurements shall be based
on the drivable surface dimension exclusive of shoulders. The overhead clearance shall be a
minimum of 13' 6". The roadway shall be able to accommodate an imposed load of 75,000
GVW as set forth in International Fire Code Section 503.2.1. and D103.6.1 and D103.6.2.
5. REPUBLIC SERVICES
5.1 Republic Services did not submit comments on this application.
Exhibit A
Page 11
6. PARKS DEPARTMENT
6.1 The Park's Department did not submit comments on this application.
7.1 ADA COUNTY HIGHWAY DISTRICT
7.1.1 Site Specific Conditions of Approval
7.1.2 Extend Geddes Place into the site, to intersect Shirdale Court, as a 33 -foot street section with
curb, gutter, and attached 5 -foot wide concrete sidewalk within 50 -feet of right-of-way.
7.1.3 Construct Shirdale Court as a 33 -foot street section with curb, gutter, and attached 5 -foot wide
concrete sidewalk within 47 -feet of right-of-way.
7.1.4 Construct the east terminus of Shirdale Court in a cul-de-sac turnaround.
7.1.5 Construct one stub street to the west, Shiredale Court. Install a sign at the terminus of
Shiredale Court stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE".
7.1.6 Provide written approval from the fire department for the reduced street sections prior to final
plat.
7.1.7 A Traffic Impact Fee may/will be assessed by ACHD and will be due prior to issuance of a
building permit. Please contact the ACRD Planner (see below) for information regarding
impact fees.
7.1.8 Plans shall be submitted to the ACHD Development Services Department for plans
acceptance, and impact fee assessment (if an assessment is applicable).
7.1.9 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 ACRD right-of-way
including all easements). Any existing irrigation facilities shall be relocated outside of
the ACRD 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 sidewallc 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 ACRD shall repair existing utilities damaged by the
applicant. The applicant shall be required to call DIGLINE (1-811-342-1585) at least
Exhibit A
Page 12
two Rill business days prior to breaking ground within ACHD right-of-way. The
applicant shall contact ACRD Traffic Operations 387-6190 in the event any ACHD
conduits (spare or filled) are compromised during any phase of construction.
7.2.8 Utility street cuts in pavement less than five years old are not allowed unless approved
in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with
file numbers) for details.
7.2.9 All design and construction shall be in accordance with the ACHD Policy Manual,
ISPWC Standards and approved supplements, Construction Services procedures and all
applicable ACRD 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 time unless a waiver/variance of the
requirements or other legal relief is granted by the ACHD Commission.
Exhibit A
Page 13
C. Legal Description & Exhibit Map for Annexation Boundary
April 5, 2017
DESCRIPTION FOR
R-8 ZONE
GEDDES SUBDIVISION
A parcel of land located in the NW 114 of the NW 114 of Section 3, Township 3
North, Range 1 West, B.M., Meridian, Ada County, Idaho being more particularly
described as follows;
Commencing at the NW corner of said Section 3 from which the W1/4 corner of
said Section 3 bears South 00°37'58" West, 2697.53 feet;
Thence along the West boundary line of said Section 3 South 00°37'58" West,
443.88 feet;
Thence leaving said West boundary line South 89°23'11" East, 414.76 feet to
the REAL POINT OF BEGINNING;
Thence continuing South 89'23'11" East, 260.26 feet to a point on the
southwesterly boundary line of Klamath Basin Subdivision as filed in Book 96 of Plats
at Pages 11914 and 11915, records of Ada County, Idaho;
Thence along said southwesterly boundary line the following 2 courses and
distances:
Thence South 52°36'15" East, 106.58 feet;
Thence South 60°06'23" East, 22.04 feet to the SW corner of Staten Park
Subdivision as filed in Book 86 of Plats at Pages 9713 and 9714, records of Ada
County, Idaho;
Thence along the southwesterly boundary line of said Staten Park Subdivision
the following 3 courses and distances:
Thence South 60°07'02" East, 48.03 feet;
Thence South 64000'36" East, 202.17 feet;
Thence South 54°36'16" East, 44.31 feet to an angle point in the exterior
boundary line of The Lake At Cherry Lane No. 9 Subdivision as filed in Book 81 of
Plats at Pages 8885 and 8886, records of Ada County, Idaho;
Thence along the North boundary line of said The Lake At Cherry Lane No. 9
Subdivision and the North boundary line of Ashford Greens Subdivision as filed in
Book 73 of Plats at Pages 7567 through 7568, records of Ada County, Idaho North
89°23'11" West, 625.89 feet;
Thence leaving said North boundary line North 00°38'20" East, 210.00 feet to
the REAL. POINT OF BEGINNING. Contains an area of 2.08 acres, more or less.
2-
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EXHIBIT DRAWING FOR
R-8 ZONER-8SHEET
GEODES SUBDIVISION
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NO.
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GROUP, P.C. (
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LOCATED IN THE N 1/2 OF THE N'N 1/4 OF SECTION 3, DWG. DATE
T.3N., R.IW., 0.66, ADA COUNTY, IDAHO 3/28/2017
3-
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 2.08 acre property with an R-8 zoning
district with Council approval of a "step up" in density from LDR to MDR and develop 122
new single-family residential homes. The Council finds the proposed "step up" in density
should be compatible with adjacent residential uses (see section VII above for more
information).
b. The map amendment complies with the regulations outlined for the proposed district,
specifically the purpose statement;
The City Council finds that the proposed map amendment to the R-8 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-8 zoning district is in the best
interest of the City with a "step up" in density as proposed.
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 City 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.
4-
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 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 City 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;
Based on comments provided from public service providers (i.e., Police, Eire, ACRD, etc.),
the City Council finds there is public financial capability of supporting services for the
proposed development. (See Exhibit B for more detail.)
e. The development will not be detrimental to the public health, safety or general welfare;
and
The City 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.
f. The development preserves significant natural, scenic or historic features.
The City Council is unaware of any significant natural, scenic or historic features that
exist on this site.
s-