Aegean Subdivision H-2017-0114ADA COUNTY RECORDER Christopher D. Rich 2017-116562
BOISE IDAHO Pgs=50 LISA BATT 12/06/2017 04:25 PM
CITY OF MERIDIAN, IDAHO NO FEE
DEVELOPMENT AGREEMENT
PARTIES: I. City of Meridian
2. Premier Investments, LLC, Owner/Developer
THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into
this 5' day of n 0-m 6 ey,, , 2017, by and between City of Meridian, a municipal
corporation of the State of Idaho, hereinafter called CITY, whose address is 33 E. Broadway
Avenue, Meridian, Idaho 83642 and Premier Investments, LLC, whose address is 4235 W.
White Ash Drive, Meridian, Idaho 83646, hereinafter called OWNER/ DEVELOPER.
1. RECITALS:
1.1 WHEREAS, Owner/Developer is the sole owner, in law and/or equity, of
a 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, hereinafter referred to as the Property; and
L2 WHEREAS, Idaho Code § 67-651 lA provides 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
1.4 WHEREAS, Owner/Developer has submitted an application for the
annexation of approximately 65.31 acres of land from the RUT zoning
district in Ada County to the R-4 (Medium Low Density Residential)(28.81
acres); R-8 (Medium Density Residential)(32.74 acres and 3.76 acres) zoning
districts (as described in Exhibit "A"), under the Unified Development Code,
which generally describes how the Property will be developed and what
improvements will be made; and
1.5 WHEREAS, Owner/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—AEGEAN SUBDIVISION (H-2017-0114) 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 8th day of November, 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 Premier Investments, LLC,
whose address is 4235 W. White Ash Drive, Meridian, ID 83642, the party
DEVELOPMENT AGREEMENT - AEGEAN SUBDIVISION (H-2017-0114) PAGE 2 OF 8
that owns and is developing said Property, and shall include any
subsequent owner(s)/developers of the Property.
3.3 PROPERTY: means and refers to that certain parcel(s) of Property located
in the County of Ada, City of Meridian as described in Exhibit "A"
describing the parcels to be re -zoned Medium Low Residential District (R-4)
and Medium Density Residential District (R-8) 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. Future development of this site shall be consistent with the preliminary plat,
landscape plan and buildings (photos) depicted in Exhibit A of the Staff Report, which
is hereby incorporated as an attachment to the Findings of Fact and Conclusions of
Law as Exhibit `B".
b. The Owner/Developer shall be responsible for all costs associated with the sewer and
water service extension.
c. Any and all existing domestic wells and/or septic systems within this project will have to
be removed from their domestic service, per City Ordinance 5-7-517, when services are
available from the City of Meridian. Wells may be used for non-domestic purposes such
as landscape irrigation.
d. If two-story homes are constructed on Lots 4-7 and Lots 28-36, Block 3, they will be
highly visible from N. McDermott Road, an arterial street. Therefore, the rear
elevations of two-story homes shall incorporate articulation through changes in
two or more of the following: material type, projections, recesses, step -backs,
bays, banding, pop -outs, porches, balconies or other architectural elements to break
up monotonous wall planes and roof lines. This does not apply to single -story homes.
e. In accord with the Communities in Motion 2040 Plan that states this site is ideal for a
transit stop for further Employer Express Service, the applicant shall work with Valley
Regional Transit (VRT) on transit stop amenities for this site. If none are determined to
be needed by VRT, submit written documentation from them to that effect.
f. The City Council approved a waiver to UDC 11 -3A -6B for the Fivemile Creek
feeder/McFadden Drain to remain open and not be piped or otherwise covered.
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 - AEGEAN SUBDIVISION (H-2017-0114) 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/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
DEVELOPMENT AGREEMENT - AEGEAN SUBDIVISION (H-2017-0114) PAGE 4 OF 8
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
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 agree to abide by
all ordinances of the City of Meridian unless otherwise provided by this Agreement.
14. NOTICES: Any notice desired by the parties and/or required by this Agreement
shall be deemed delivered if and when personally delivered or three (3) days after deposit in the
United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed
as follows:
CITY:
City Clerk
City of Meridian
33 E. Broadway Ave.
Meridian, ID 83642
OWNER/DEVELOPER:
Premier Investments, LLC
4235 W. White Ash Drive
Meridian, DI 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.
DEVELOPMENT AGREEMENT - AEGEAN SUBDIVISION (H-2017-0114 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 patties 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 patty 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, 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/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 of the
City Council after the City has conducted public hearing(s) in accordance with the
DEVELOPMENT AGREEMENT - AEGEAN SUBDIVISION (H-2017-0114) 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
Cleric.
[end of text; acknowledgements, signatures, and Exhibits A and B follow]
DEVELOPMENT AGREEMENT - AEGEAN SUBDIVISION (H-2017-0114) PAGE 7 OF 8
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement and made
it effective as hereinabove provided.
OWNER/DEVELOPER:
Premier Investments, LLC
By vim' >-; c v e" i pier t}
CITY OF MERIDIAN
Mayor T n y de Weerd
STATE OF IDAHO
ss:
County of Ada
Qoj,�pTED AUGUST
2Q o
01V of
EIDIAN+ _
IDAHO
\�^ SEAL -tV
ATTEST; �O�rhe TREPS"
//_ _7�4 "__�
CJ y CAU, City Clerk
On this day of , 2017, before me, the undersigned, a Notary Public in and for said
State, personally appeared Mario Panoutsopoulos, known or identified to me to be the Manager of Premier
Investments, LLC, and acknowledged to me that he executed the same on behalf of said limited liability company.
IN WITNESS WHEREOF, I have hereunto set my hand an/ affixed my official seal the day and year in this
certificate first abQaa'i tom.
(SEAL)
PUB00
STATE OF 44OF;
5�
County of Ada )
Notary Public fo •ddahg
Residi g at: 4 r
My Commission Expires:
On this Iji�'1 day of 'D 2 C2VY1b0—V_ , 2017, before me, a Notary Public, personally appeared
Tammy de Weerd and C.Jay Coles, known or identified to me to be the Mayor and Clerk, respectively, of the City of
Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and
acknowledged to me that such City executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this
cert O- 1Q
ey��written,
64 ��; A
am Notary Publi�c�ff�rdaho
• Residing at: !/ / 4 N.d jAliA
' My Commission expires:
)����'-AtENT —AEGEAN SUBDIVISION (H-20 17-0 114) PAGE 8 OF 8
July 27, 2017
DESCRIPTION FOR ANNEXATION
PROPOSED AEGEAN SUBDIVISION
A portion of the NW % of Section 33, T. 4N., RAW., B,M., Meridian, Ada County,
Idaho, more particularly described as follows:
Commencing at the West % corner of the said Section 33, from which the NW corner
of said section bears North 00032'42" East, 2633.74 feet; thence along the west boundary of
the NW'/ of said section North 00°32'42" East, 334.35 feet to the POINT OF BEGINNING;
thence leaving said west boundary North 85°03'27" East, 751.65 feet;
thence South 19°45'03" East, 435.77 feet to a point on the south boundary of the NW
Y4 of said Section 33;
thence along said south boundary South 89°17'46" East, 1738.44 feet to the southeast
corner of said NW'/;
thence along the east boundary of said NW'/ North 00°29'28" East, 901.79 feet to a
point on the existing Meridian city limits boundary;
thence along said existing city limits boundary:
thence North 88°19'19" West (formerly North 88°1922" West), 28.12 feet;
thence North 74°47'11" West (formerly North 74047'14" West), 175.88 feet;
thence North 76°44'34" West (formerly North 76°44'37" West), 2499.95 feet to a
point on the west boundary of the NW'/ of said Section 33;
thence leaving said existing city limits boundary, and along said west boundary
South 00°32'42" West, 1155.35 feet to the POINT OF BEGINNING. Containing 65.30 acres,
more or less.
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CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2017-0114 - 1 -
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND DECISION & ORDER
In the Matter of the Request for Annexation and Zoning of 65.31 Acre s of Land with R-4 (28.81
Acres) and R-8 (36.5 Acres) Zoning Districts; and a Preliminary Plat Consisting of 215 Building
Lots and 22 Common Lots on 62.7 Acres of Land for Aegean Subdivision, by Premier Investments,
LLC.
Case No(s). H-2017-0114
For the City Council Hearing Date of: October 24, 2017 (Findings on November 8, 2107)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of October 24, 2017, incorporated
by reference)
2. Process Facts (see attached Staff Report for the hearing date of October 24, 2017, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of October 24,
2017, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of October 24, 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.
EXHIBIT B
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2017-0114 - 2 -
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of October 24, 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 & zoning and preliminary plat is hereby approved per
the conditions of approval in the Staff Report for the hearing date of October 24, 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 11-6B-7A).
In the event that the development of the preliminary plat is made in successive phases in an
orderly and reasonable manner, and conforms substantially to the approved preliminary plat,
such segments, if submitted within successive intervals of two (2) years, may be considered for
final approval without resubmission for preliminary plat approval (UDC 11-6B-7B).
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11-6B-7.A, the Director may authorize a single extension of time to obtain the City
Engineer’s signature on the final plat not to exceed two (2) years. Additional time extensions up
to two (2) years as determined and approved by the City Council may be granted. With all
extensions, the Director or City Council may require the preliminary plat, combined
preliminary and final plat or short plat to comply with the current provisions of Meridian City
Code Title 11. If the above timetable is not met and the applicant does not receive a time
extension, the property shall be required to go through the platting procedure again (UDC 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-2017-0114 - 3 -
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 October 24, 2017
By action of the City Council at its regular meeting held on the
2017.
COUNCIL PRESIDENT KEITH BIRD
COUNCIL VICE PRESIDENT JOE BORTON
COUNCIL MEMBER ANNE LITTLE ROBERTS
COUNCIL MEMBER TY PALMER
COUNCIL MEMBER LUKE CAVENER
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COUNCIL MEMBER GENESIS MILAM VOTED
MAYOR TAMMY de WEERD VOTED
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Mayor Tamm Weerd
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City Clerk
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Copy served upon Applicant, Community Development Department, Public Works Department and City
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City Clerk's Office
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). 11-2017-0114 - 4 -
EXHIBIT A
Aegean Subdivision – AZ, PP H-2017-0114 PAGE 1
STAFF REPORT
Hearing Date: October 24, 2017
TO: Mayor & City Council
FROM: Sonya Allen, Associate City Planner
208-884-5533
Bruce Freckleton, Development Services Manager
208-887-2211
SUBJECT: Aegean Subdivision – AZ, PP (H-2017-0114)
I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST
The applicant, Premier Investments, LLC, has submitted an application for annexation and zoning
AZ) of 65.31 acres of land with R-4 (28.81 acres) and R-8 (36.5 acres) zoning districts; and a
preliminary plat (PP) consisting of 215 building lots and 22 common lots on 62.7 acres of land for
Aegean Subdivision.
II. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed AZ and PP applications in accord with the conditions of
approval in Exhibit B and the Findings of Fact and Conclusions of Law in Exhibit D.
The Meridian Planning & Zoning Commission heard these items on September 21, 2017. At the
public hearing, the Commission moved to recommend approval of the subject AZ and PP
requests.
a. Summary of Commission Public Hearing:
i. In favor: Becky McKay, Applicant’s Representative
ii. In opposition: None
iii. Commenting: Jacob Hassard, Valley Regional Transit; Mike Weaver; Janice
Christensen.
iv. Written testimony: Becky McKay, Applicant’s Representative (response to the staff
report)
v. Staff presenting application: Sonya Allen
vi. Other staff commenting on application: None
b. Key issue(s) of Public Testimony:
i. Request for single-story homes along Mr. Weaver’s property at the southwest corner of
the development area and along Ms. Christensen’s property at 5726 W. Becky Dr.
ii. Desire for protection of Fivemile Creek and the associated wildlife; improvement of the
area adjacent to the creek and widening of this area 100 feet on each side of the creek to
allow amenities such as a greenbelt, rapids for rafting & put-in and take-out areas – for
the entire length of the creek, not just on this property.
c. Key Issues of Discussion by Commission:
i. Desire for more common area on the east side of the development; and removal of 2
building lots within the common area in Block 12.
ii. Transition in density/lot sizes from 5+/- acre County parcels to medium density urban
lot sizes.
d. Commission Change(s) to Staff Recommendation:
EXHIBIT A
Aegean Subdivision – AZ, PP H-2017-0114 PAGE 2
i. Remove the 2 building lots in Block 12 to increase the common area in the northeast
portion of the development; the number of building lots may remain the same (i.e. the 2
building lots may be relocated elsewhere) (see Note #1.1.2d).
e. Outstanding Issue(s) for City Council:
i. None
The Meridian City Council heard these items on October 24, 2017. At the public hearing, the
City Council moved to approve the subject AZ and PP requests.
a. Summary of City Council Public Hearing:
i. In favor: Becky McKay, Applicant’s Representative
ii. In opposition: None
iii. Commenting: None
iv. Written testimony: Becky McKay, Applicant’s Representative (response to Commission
recommendation)
v. Staff presenting application: Bill Parsons, Warren Stewart
vi. Other staff commenting on application: None
b. Key issue(s) of Public Testimony:
i. None
c. Key Issues of Discussion by City Council:
i. The applicant’s request for eligibility of future reimbursement for the cost of the 36-
inch sewer main line required to be constructed with this development.
d. City Council Change(s) to the Commission Recommendation:
i. Council approved a waiver to UDC 11-3A-6B to allow the Five Mile Creek
feeder/McFadden Drain to remain open and not be piped or otherwise covered (see DA
provision #1.1.1f).
e. Outstanding Issue(s) for City Council:
i. None
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Number H-2017-
0114, as presented in the staff report for the hearing date of October 24, 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-2017-0114,
as presented during the hearing on October 24, 2017, for the following reasons: (You should state
specific reasons for denial)
Continuance
I move to continue File Number H-2017-0114 to the hearing date of (insert continued hearing date
here) for the following reason(s): (You should state specific reason(s) for continuance.)
IV. APPLICATION AND PROPERTY FACTS
A. Site Address/Location:
The site is located on the east side of N. McDermott Road, ¼ mile south of W. McMillan Road,
in the NW ¼ of Section 33, Township 4 North, Range 1 West. (Parcel No.: S0433233700)
B. Owners:
EXHIBIT A
Aegean Subdivision – AZ, PP H-2017-0114 PAGE 3
Premier Investments, LLC
4235 W. White Ash Drive
Meridian, ID 83646
C. Applicant:
Same as Owner
D. Representative:
Becky McKay, Engineering Solutions
1029 N. Rosario St., Ste. 100
Meridian, ID 83642
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: September 1, 2017 (Commission); October 6, 2016 (City
Council)
C. Radius notices mailed to properties within 300 feet on: August 25, 2017 (Commission);
September 29, 2017 (City Council)
D. Applicant posted notice on site(s) on: September 10, 2017 (Commission); October 14, 2017 (City
Council)
VI. LAND USE
A. Existing Land Use(s) and Zoning: The subject property consists of agricultural property zoned
RUT in Ada County.
B. Character of Surrounding Area and Adjacent Land Use and Zoning:
1. North: Single-family residential properties in The Oaks South Subdivision, zoned R-4; and
vacant/undeveloped land, zoned R-15
2. East: Agricultural land, zoned RUT in Ada County
3. South: Single-family rural residential properties in Apple Valley Subdivision, zoned RUT in
Ada County
3. West: Rural residential/agricultural property, zoned RUT in Ada County
C. History of Previous Actions: None
D. Utilities:
1. Location of sewer: This property falls within the Oaks Lift Station Service Area, and is
located south of the existing lift station in the Oaks South Subdivision. The applicant shall be
required to construct the 36-inch master planned sewer trunk from the lift station to the south
boundary along the west frontage of the property in N. McDermott Road. They shall also be
required to construct the 10-inch master planned sewer trunk on the north side of the
property.
EXHIBIT A
Aegean Subdivision – AZ, PP H-2017-0114 PAGE 4
2. Location of water: Water serviceability is dependent upon extension of water mains from
adjacent developments. Applicant shall be required to construct water mains to and through
the development in compliance with city code and adopted water master plan.
3. Issues or concerns: Applicant shall be required to pay the Oaks Lift Station and Pressure
Sewer Reimbursement Fees as well as fund 125% of the upgrade cost for the Oaks Lift
Station, currently estimated at $250,250, unless said cost has been previously paid.
E. Physical Features:
1. Canals/Ditches Irrigation: The Fivemile Creek runs along the north boundary and the
Fivemile Creek feeder/McFadden Drain runs along the south boundary of this site.
2. Hazards: Staff is unaware of any hazards that may exist on this site.
3. Flood Plain: A small portion of this site along the north property boundary lies within the
Meridian Floodplain Overlay District.
VII. COMPREHENSIVE PLAN POLICIES AND GOALS
The Comprehensive Plan Future Land Use Map (FLUM) designates this property as Medium Density
Residential (MDR). The MDR designation allows for the development of smaller lots for residential
purposes within the City limits. Uses may include single-family homes at gross densities of 3 to 8
dwelling units per acre.
The applicant proposes to develop this 62+ acre site with 215 single-family residential detached
homes at a gross density of 3.43 dwelling units per acre (d.u./acre) and a net density of 5.21 d.u./acre,
which is within the density desired in MDR designated areas, although at the low end.
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 medium density development will contribute to the range of housing
opportunities available in the City. Staff is unaware of how “affordable” the homes will be in
this development.
Restrict private curb cuts and access points on collectors and arterial streets.” (3.06.02D)
Only one access point is proposed via N. McDermott Road, an arterial street.
Permit new development only where urban services can be reasonably provided at the time
of final approval and development is contiguous to the City.” (3.01.01F)
City services are available to be extended by the developer to the proposed lots upon
development of the site in accord with UDC 11-3A-21.
Require new residential development to meet development standards regarding landscaping,
signage, fences and walls, etc.” (3.05.02C)
Landscaping is required to be provided in common area lots within the subdivision in accord
with the standards listed in UDC 11-3G-3E and within the street buffer along N. McDermott
Road in accord with the standards listed in UDC 11-3B-7C. Fencing is proposed along the
boundary of the site and within the development in accord with the standards listed in UDC
11-3A-7.
EXHIBIT A
Aegean Subdivision – AZ, PP H-2017-0114 PAGE 5
Protect existing residential properties from incompatible land use development on adjacent
parcels.” (3.06.01F)
The proposed residential development should be compatible with existing and future adjacent
residential uses.
Require common area in all subdivisions.” (3.07.02F)
The UDC (11-3G-2) requires common open space and site amenities to be provided for
developments of 5 acres or more. Because the plat consists of 62+ acres, a minimum of 6.3
acres of qualified open space is required to be provided within this development.
Require new urban density subdivisions which abut or are proximal to existing low density
residential land uses to provide landscaped screening or transitional densities with larger,
more comparable lot sizes to buffer the interface between urban level densities and rural
residential densities.” (3.05.02F)
Transitional densities are proposed with larger lot sizes along the south and east boundaries
of the site adjacent to rural residential uses, although approximately 4 lots still abut each of
the abutting rural lots. Staff recommends more of a transition in lot sizes is provided at the
southwest corner of the site (i.e. Lots 1-10, Block 5) to the Weaver rural residential parcel
S0433234140) consistent with those depicted along the east side of the Weaver property.
The FLUM designation for the adjacent properties to the east and south is medium density
residential so future redevelopment should be consistent density-wise with the proposed
development.
Require pedestrian access connectors in all new development to link subdivisions together to
promote neighborhood connectivity as part of a community pathway system.” (3.03.03B)
There are no pathway stubs from this site to adjacent properties for future extension and
interconnectivity. However, there are sidewalks along proposed stub streets to adjacent
properties to the north, east and south that will provide pedestrian interconnectivity with
adjacent developments.
Review new development for appropriate opportunities to connect local roads and collectors
to adjacent properties (stub streets). (3.03.020)
There is one stub from The Oaks Subdivision to this property from the north that is proposed
to be extended across the creek with this development and several others to the east and
south for future interconnectivity between developments.
COMPASS: A checklist has been received from Community Planning Association of Southwest
Idaho (COMPASS) that determines consistency of the proposed project with the goals of
Communities in Motion 2040, the regional long-range transportation plan for Ada and Canyon
Counties. The complete results of the checklist can be accessed in the project file for this
development.
The checklist identifies 5 items that meet the goals of the plan and 16 items that do not. The summary
in the checklist states that the proposed project exceeds forecasted growth in the neighborhood and
area and that infrastructure may not be able to support additional transportation needs without
improvements or demand management strategies. It also states that this location is ideal for a transit
stop for future Employer Express Service and recommends the applicant work with Valley Regional
Transit on transit stop amenities.
EXHIBIT A
Aegean Subdivision – AZ, PP H-2017-0114 PAGE 6
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-4 and R-8 zoning districts.
Any use not explicitly listed, or listed as a prohibited use is prohibited. Single-family detached
dwellings are a principally permitted use in the R-4 and R-8 zoning districts.
C. Dimensional Standards: Development of the site should be consistent with the dimensional
standards listed in UDC Tables 11-2A-5 and 11-2A-6 for the R-4 & R-8 zoning districts
respectively.
D. Landscaping: Landscaping shall be required in accordance with the standards listed in UDC 11-
3B-7C.
E. Off-Street Parking: Off-street parking is required in accord with UDC Table 11-3C-6 for single-
family dwellings.
IX. ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
1. Annexation & Zoning
The applicant has applied for annexation and zoning of 65.31 acres of land with R-4 (28.81
acres) and R-8 (36.5) zoning districts.
The property is proposed to develop with 215 new single-family residential detached homes
at a gross density of 3.43 units per acre, which is consistent with the MDR FLUM
designation for the site. A development plan was submitted with the concurrent preliminary
plat application (see Exhibit A).
The legal description submitted with the application, included in Exhibit C, shows the
boundaries of the property proposed to be annexed and rezoned. 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 conditions
included in Exhibit B.
2. Preliminary Plat
The proposed plat consists of 215 single-family residential building lots and 22 common lots
on 62.7 acres of land in the proposed R-4 and R-8 zoning districts (see Exhibit A.2). The
minimum property size is 5,603 square feet (s.f.) with an average lot size of 8,355 s.f. A gross
density of 3.43 dwelling units per acre (d.u./acre) and a net density of 5.21 acres is proposed.
A total of 117 (or 54.42%) lots ranging in size from 55’ in width by 110-135’ in depth; and
98 (or 45.58%) lots ranging in size from 70-75’ in width by 120-164’ in depth are proposed
for a variety of lot sizes for detached homes within the development.
EXHIBIT A
Aegean Subdivision – AZ, PP H-2017-0114 PAGE 7
The subdivision is proposed to develop in 5 phases but the applicant requests some flexibility
in phasing due to market conditions which may necessitate a reduction in the size of the
phases.
Existing Structures: There are no existing structures on this site.
Dimensional Standards: Development of this site is required to comply with the
dimensional standards listed in UDC 11-2A-5 and Table 11-2A-6 for the R-4 and R-8 zoning
districts respectively, and the subdivision design and improvement standards listed in UDC
11-6C-3.
The face of Block 8 exceeds the maximum length standards listed in UDC 11-6C-3F for
residential districts. Include a minimum 15-foot wide common lot with a minimum 5-
foot wide pathway within Block 8 for future pedestrian connectivity to the south.
Landscaping is required along the pathway in accord with the standards listed in UDC
11-3B-12C.
Plat note #4 states that a 15-foot wide PUDI easement is designated on all lots adjacent to any
public street unless otherwise delineated. Because the R-8 zoning district allows a
minimum setback of 10 feet to living area on lots adjacent to a local street, the PUDI
easement on lots that have an attached sidewalk should be delineated as 10 feet to allow
for a lesser setback as allowed.
Access/Streets: Access to streets should comply with the standards listed in UDC 11-3A-3.
One access is proposed via N. McDermott Road, an arterial street; a stub street from The
Oaks Subdivision to the north is proposed to be extended with this development. Stub streets
are proposed as shown on the plat to adjacent properties to the east and south. All of the
proposed streets are public.
Aegean Drive is designated as a residential collector street to the intersection of Crete Drive;
and Fawnridge is an extension of the residential collector street in The Oaks South
development to the north which will terminate at the east boundary for future extension to
Blackcat Road and south to Ustick Road.
Most of the streets within the development will have 33-foot wide street sections but in a
couple of areas in the northwest and northeast portions of the site 29-foot wide street sections
are proposed. Parking will only be allowed on one side of the street in the areas where
29-foot wide street sections are proposed in accord with International Fire Code and the
ACHD Policy Manual.
Traffic/Street Improvements: A Traffic Impact Study (TIS) was completed for this
development and submitted to ACHD. The study recommended a right-turn lane at the
entrance of the development on McDermott Road as mitigation for the traffic volume
projected for this development.
ACHD’s report requires an additional 12 feet of right-of-way (ROW) to be dedicated along
McDermott Road; a bridge to be constructed across the Fivemile Creek for the extension of
N. Fawnridge Way; an intersection analysis to be submitted for the Ustick/McDermott Roads
intersection – if it’s determined that intersection improvements are necessary, the applicant
should be required to improve the intersection prior to ACHD’s signature on the final plat
that contains the 109th lot – if a signal is warranted, it will be required.
Common Driveways: Common driveways are required to comply with the standards listed
in UDC 11-6C-3D. A common driveway is proposed for access to Lots 6 & 7 and Lots 27 &
28, Block 3.
EXHIBIT A
Aegean Subdivision – AZ, PP H-2017-0114 PAGE 8
Waterways: The Fivemile Creek runs off-site along the north boundary of this site and is
required to be left open as a natural amenity in accord with UDC 11-3A-6B as proposed. A
multi-use pathway is planned along the north side of the creek in The Oaks South
development and an irrigation district maintenance road exists along the south side of the
creek adjacent to this site.
The Fivemile Creek feeder/McFadden Drain runs along the south boundary of the site and is
also proposed to be left open as required. The applicant requests Council approval of a
waiver to UDC 11-3A-6B to allow the drain to be left open and not be piped or
otherwise covered.
A small portion of this site along the north property boundary lies within the Meridian
Floodplain Overlay District. Prior to any development occurring in the Overlay District a
floodplain permit application, including hydraulic and hydrologic analysis is required
to be completed and submitted to the City and approved by the Floodplain
Administrator per MCC 10-6.
Parking: Off-street parking is required to be provided on each residential lot in accord with
the standards listed in UDC 11-3C-6. For 2, 3 and 4 bedroom units, a minimum of 4 off-street
parking spaces are required with at least 2 of those in an enclosed garage; other spaces may
be enclosed or a minimum 10’ x 20’ parking pad.
Landscaping: Landscaping is required to be provided in the proposed development as set
forth in UDC 11-3B. A landscape plan was submitted with this application for the area
proposed to be platted as shown in Exhibit A.3.
A 25-foot wide street buffer is required along N. McDermott Road, an arterial street,
measured from back of curb in accord with the standards listed in UDC 11-3B-7C. A 50-foot
wide buffer is depicted on the landscape plan to buffer the future State Highway 16 which
will be located west of McDermott Road, to allow for a taller berm and additional
landscaping.
At a minimum, common areas should include 1 deciduous tree per 8,000 square feet of
common area and lawn as set forth in UDC 11-3G-3E.2.
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 the site up to an
amount of 100% replacement as set forth in UDC 11-3B-10C.5.
The applicant should coordinate with Elroy Huff, the City Arborist, to confirm
mitigation requirements prior to removal of any trees from the site. Mitigation
calculations should be depicted on the landscape plan.
Open Space/Site Amenities: Properties over 5 acres in size are required to comply with
minimum open space and site amenity requirements as set forth in UDC 11-3G-3A.1.
Based on the area of the preliminary plat (62.7 acres), a minimum of 6.27 acres of qualified
open space and 3 qualified site amenities are required to be provided within the development.
The applicant proposes 7.06 acres of qualified open space in accord with this requirement
consisting of ½ the street buffer along N. McDermott Rd., an arterial street; all of the buffer
along collector streets; central common area, common area with pathways and 8-foot wide
parkways along streets. Site amenities are proposed to consist of internal pedestrian
pathways, a playground with children’s play equipment, and a picnic shelter/gazebo.
The proposed open space and site amenities comply with the minimum standards.
EXHIBIT A
Aegean Subdivision – AZ, PP H-2017-0114 PAGE 9
Pathways: There are no multi-use pathways designated on this site in the Pathways Master
Plan. However, a multi-use pathway is required to be constructed with The Oaks South
development to the north on the north side of the Fivemile Creek. Access to this pathway will
be provided via the future bridge and extension of Fawnridge Way.
Sidewalks: Sidewalks are required along all public streets as set forth in UDC 11-3A-17;
detached sidewalks are required along all arterial and collector streets. A 5-foot wide
detached sidewalk is proposed along all streets within the development except for the two
areas where a reduced street section is proposed; in those areas an attached sidewalk is
proposed.
Utilities: All development is required to connect to the City water and sewer system unless
otherwise approved by the City Engineer in accord with UDC 11-3A-21.
Street lighting is required to be installed within the development in accord with the City’s
adopted standards, specifications and ordinances.
Pressurized Irrigation (PI): An underground PI system is proposed to be provided to each
lot in the subdivision in accord with UDC 11-3A-15.
A pressure irrigation pump station will be constructed with this development at the northwest
corner of this site sourcing from the Fivemile Creek and will be owned and maintained by
Nampa Meridian Irrigation District (NMID). Pressure irrigation will be provided to all lots
within the subdivision.
Storm Drainage: A storm drainage system is required for the development in accord with
the City’s adopted standards, specifications and ordinances. Design and construction shall
follow best management practice as adopted by the City in accord with UDC 11-3A-18.
Stormwater is proposed to be retained onsite with discharge of the pre-development flows in
to the McFadden Drain and Five Mile Creek with the permission of NMID and the
appropriate license agreement. Local streets will utilize a combination of above-ground
retention and detention facilities in common areas and subsurface storage facilities. All storm
drainage facilities are proposed to be designed in accordance with Ada County Highway
District and Department of Environmental Quality standards.
Fencing: All fencing is required to comply with the standards listed in UDC 11-3A-6B and
11-3A-7.
Five-foot tall wrought iron fencing is proposed along the north boundary of the development
adjacent to the Fivemile Creek; 6-foot tall vinyl fencing is proposed around the remainder of
the perimeter boundary; and 4-foot tall vinyl fencing is proposed adjacent to pathways within
the development in accord with UDC standards.
Building Elevations: The applicant has submitted 8 photos of homes that will be similar to
those constructed within this subdivision (see Exhibit A.4). These photos all depict at least 2
different building materials and stucco/stone/brick veneer accents.
If 2-story homes are constructed on Lots 4-7 and 28-36, Block 3, they will be highly
visible from N. McDermott Road, an arterial street. Therefore, staff recommends the
rear elevations of 2-story homes incorporate articulation through changes in two or
more of the following: material type, projections, recesses, step-backs, bays, banding,
pop-outs, porches, balconies or other architectural elements to break up monotonous
wall planes and roof lines. This requirement does not apply to single-story homes. Design
review is not required for single-family detached homes.
EXHIBIT A
Aegean Subdivision – AZ, PP H-2017-0114 PAGE 10
In summary, Staff recommends approval of the proposed annexation and preliminary plat
request for this site with the requirement of a development agreement and conditions listed in
Exhibit B of this report in accord with the findings contained in Exhibit D.
X. EXHIBITS
A. Drawings/Other
1. Zoning Map
2. Proposed Preliminary Plat (dated: 7/31/2017) & Phasing Plan
3. Proposed Landscape Plan (dated: 9/14/2017)
4. Conceptual Building Elevation Photos
B. Agency & Department Comments/Conditions
C. Legal Description & Exhibit Map for Annexation Boundary
D. Required Findings from Unified Development Code
EXHIBIT A
2 -
A. Drawings
1. Zoning Map
EXHIBIT A
3 -
2. Proposed Preliminary Plat (dated: 7/31/2017) & Phasing Plan
EXHIBIT A
4 -
3. Proposed Landscape Plan (dated: 9/14/2017)
EXHIBIT A
5 -
EXHIBIT A
6 -
EXHIBIT A
7 -
4. Conceptual Building Elevation Photos
EXHIBIT A
8 -
EXHIBIT A
9 -
EXHIBIT B - AGENCY & DEPARTMENT COMMENTS/CONDITIONS
1. PLANNING DEPARTMENT
1.1 Site Specific Conditions of Approval
1.1.1 A Development Agreement (DA) is required as a provision of annexation of this property. Prior to the
annexation ordinance approval, a DA shall be entered into between the City of Meridian, the property
owner(s) at the time of annexation ordinance adoption, and the developer. A final plat application shall
not be submitted until the DA is signed and approved by City Council.
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 Planning
Division within six (6) months of the City Council granting annexation. The agreement shall, at
minimum, incorporate the following provisions:
a. Future development of this site shall be generally consistent with the preliminary plat, landscape plan
and building elevations (photos) depicted in Exhibit A and the conditions noted in the staff report.
b. The Owner/Developer shall be responsible for all costs associated with the sewer and water service
extension.
c. Any and all existing domestic wells and/or septic systems within this project will have to be removed
from their domestic service, per City Ordinance 5-7-517, when services are available from the City of
Meridian. Wells may be used for non-domestic purposes such as landscape irrigation.
d. If 2-story homes are constructed on Lots 4-7 and 28-36, Block 3, they will be highly visible from N.
McDermott Road, an arterial street. Therefore, the rear elevations of 2-story homes shall incorporate
articulation through changes in two or more of the following: material type, projections, recesses,
step-backs, bays, banding, pop-outs, porches, balconies or other architectural elements to break up
monotonous wall planes and roof lines. This does not apply to single-story homes.
e. In accord with the Communities in Motion 2040 Plan that states this site is ideal for a transit stop for
future Employer Express Service, the applicant shall work with Valley Regional Transit (VRT) on
transit stop amenities for this site. If none are determined to be needed by VRT, submit written
documentation from them to that effect.
f. The Fivemile Creek feeder/McFadden Drain shall be piped unless Council approval of a waiver to
UDC 11-3A-6B is approved. The City Council approved a waiver to UDC 11-3A-6B for the Fivemile
Creek feeder/McFadden Drain to remain open and not be piped or otherwise covered.
1.1.2 The preliminary plat included in Exhibit A.2, dated 7/31/2017, shall be revised as follows:
a. The face of Block 8 exceeds the maximum length standards listed in UDC 11-6C-3F for residential
districts. Include a minimum 15-foot wide common lot with a minimum 5-foot wide pathway within
Block 8 for future pedestrian connectivity to the south in order to comply with UDC 11-6C-3F.3a.
b. The PUDI easement on lots that have an attached sidewalk should be delineated as 10 feet.
c. Depict larger lot sizes for more of a transition in lot sizes and density at the southwest corner
of the site (i.e. Lots 1-10, Block 5) to the Weaver rural residential parcel (#S0433234140)
consistent with those depicted along the east side of the Weaver property.
d. All of Block 12 shall be common area and shall not include any building lots.
1.1.3 The landscape plan included in Exhibit A.3, dated 7/28/2017, shall be revised as follows:
a. The face of Block 8 exceeds the maximum length standards listed in UDC 11-6C-3F for residential
districts. Include a minimum 15-foot wide common lot with a minimum 5-foot wide pathway within
EXHIBIT A
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Block 8 for future pedestrian connectivity to the south. Landscaping is required along the pathway in
accord with the standards listed in UDC 11-3B-12C.
b. Include a concrete pad at the end of the common driveways no more than 5 feet behind the sidewalk
that is of sufficient area to accommodate the receptacles of the residences that take access from the
common driveway as required by Republic Services.
c. Contact Elroy Huff, City Arborist, at 208-371-1755 to determine if any of the existing trees that will
be removed from the site require mitigation. If mitigation is required, it shall be reflected on the
landscape plan.
1.1.4 Provide a minimum of 7.06 acres (or 11.26%) qualified open space within the development as proposed
in accord with the standards listed in UDC 11-3G-3B.
1.1.5 Parking is only allowed on one side of the street in the areas where 29-foot wide street sections are
proposed in accord with International Fire Code and the ACHD Policy Manual. “No Parking” signs shall
be installed in those areas.
1.1.6 Submit an exhibit with the final plat application that depicts the setbacks, fencing, building envelope and
orientation of the lots and structures on lots accessed by common driveways. The exhibit should include
abutting lots that meet the minimum frontage requirement that aren’t taking access from the common
driveway – driveways on these lots should be located on the opposite side of the shared property line
away from the common driveway.
1.1.7 Common driveways within the development shall be consistent with the standards listed in UDC 11-6C-
3D.
1.1.8 The developer shall construct all proposed fencing and/or any fencing required by the UDC, consistent
with the standards as set forth in UDC 11-3A-7 and 11-6C-3D.5.
1.1.9 A perpetual ingress-egress easement for the common driveways proposed in Block 3 shall 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.
1.1.10 Prior to any development occurring in the Overlay District a floodplain permit application, including
hydraulic and hydrologic analysis is required to be completed and submitted to the City and approved by
the Floodplain Administrator per MCC 10-6.
1.1.11 Submit a detail of the children’s play equipment and the picnic shelter with the final plat application.
1.2 General Conditions of Approval
1.2.1 Comply with all bulk, use, and development standards of the R-4 and R-8 zoning districts listed in UDC
Tables 11-2A-5 and 11-2A-6.
1.2.2 Comply with all provisions of 11-3A-3 with regard to access to streets.
1.2.3 Construct on-street bikeways on all collector streets as set forth in UDC 11-3A-5.
1.2.4 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set forth in
UDC 11-3A-6.
1.2.5 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11 -3A-15, UDC
11-3B-6 and MCC 9-1-28.
1.2.6 Comply with the sidewalk standards as set forth in UDC 11-3A-17.
1.2.7 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-5J.
1.2.8 Construct all off-street parking areas consistent with the standards as set forth in UDC 11-3C-6 for single-
family dwellings.
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1.2.9 Construct the required landscape buffers consistent with the standards as set forth in UDC 11-3B-7C.
1.2.10 Construct storm water integration facilities that meet the standards as set forth in UDC 11-3B-11C.
1.2.11 Construct all parkways consistent with the standards as set forth in UDC 11-3A-17E, 11-3G-3B5 and 11-
3B-7C.
1.2.12 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.
1.2.13 Protect any existing trees on the subject property that are greater than four-inch caliper and/or mitigate for
the loss of such trees as set forth in UDC 11-3B-10.
1.2.14 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle.
1.3 Ongoing Conditions of Approval
1.3.1 The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets the
standards as set forth in UDC 11-3B-6 and to install and maintain all landscaping as set forth in UDC 11-
3B-5, UDC 11-3B-13 and UDC 11-3B-14.
1.3.2 All common open space and site amenities shall be maintained by an owner's association as set forth in
UDC 11-3G-3F1.
1.3.3 The project is subject to all current City of Meridian ordinances and previous conditions of approval
associated with this site.
1.3.4 The applicant and/or property owner shall have an ongoing obligation to prune all trees to a minimum
height of six feet above the ground or sidewalk surface to afford greater visibility of the area.
1.3.5 The applicant shall have an ongoing obligation to maintain all pathways.
1.3.6 The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in
UDC 11-3A-11.
1.3.7 The applicant and/or property owner shall have an ongoing obligation to maintain all landscaping and
constructed features within the clear vision triangle consistent with the standards in UDC 11 -3A-3.
1.4 Process Conditions of Approval
1.4.1 No signs are approved with this application. Prior to installing any signs on the property, the applicant
shall submit a sign permit application consistent with the standards in UDC Chapter 3 Article D and
receive approval for such signs.
1.4.2 The applicant shall complete all improvements related to public life, safety, and health as set forth in
UDC 11-5C-3B. A surety agreement may be accepted for other improvements in accord with UDC 11-
5C-3C.
1.4.3 The final plat, and any phase thereof, shall substantially comply with the approved preliminary plat as set
forth in UDC 11-6B-3C2.
1.4.4 The applicant shall obtain approval for all successive phases of the preliminary plat within two years of
the signature of the City Engineer on the previous final plat as set forth in UDC 11-6B-7B (if applicable).
1.4.5 The preliminary plat approval shall be null and void if the applicant fails to either 1) obtain the City
Engineer signature on a final plat within two years; or, 2) gain approval of a time extension as set forth in
UDC 11-6B-7.
1.4.6 Upon installation of the landscaping and prior to inspection by Planning Division staff, the applicant shall
provide a written certificate of completion as set forth in UDC 11-3B-14A.
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2. PUBLIC WORKS DEPARTMENT
2.1 SITE SPECIFIC CONDITIONS OF APPROVAL
2.1.1 Water serviceability is dependent upon extension of water mains from adjacent developments. Applicant
shall be required to construct water mains to and through the development in compliance with city code
and adopted water master plan. Specifically a 12-inch diameter mainline will need to be constructed in
the northern roadways paralleling Five Mile Creek and then in N. Parnassus Avenue to W. Rhodes Street
to the eastern subdivision boundary. Applicant shall also be required to connect an 8-inch diameter
mainline connecting the dead end main at the south end of N. Patmos Avenue to the new 12-inch main in
N. McDermott Road through Lot 37, Block 3.
2.1.2 Each final plat phase of the development will need to be modeled separately to ensure adequate water
distribution network during development.
2.1.3 The applicant shall be required to construct the 36-inch master planned sewer trunk from the lift station to
the south boundary along the west frontage of the property in N. McDermott Road. They shall also be
required to construct the 10-inch master planned sewer trunk on the north side of the property.
2.1.4 The applicant shall be required to pay the Oaks Lift Station and Pressure Sewer Reimbursement Fees in
the amount of $265.25 per building lot. The aggregate amount of the reimbursement fees for the entire
preliminary plat area must be paid with the first final plat application.
2.1.5 The applicant shall be required to fund 125% of the upgrade cost for the Oaks Lift Station, currently
estimated at $250,250, unless said cost has been previously paid. Payment of $312.812.50 ($250,250 x
1.25 = $312,812.50) upgrade cost is required with the first final plat application. Applicant may be
eligible for partial reimbursement under the provisions of MCC 8-6-5.
2.2 GENERAL CONDITIONS OF APPROVAL
2.2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and
execute standard forms of easements for any mains that are required to provide service outside of a public
right-of-way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is
less than three feet than alternate materials shall be used in conformance of City of Meridian Public
Works Departments Standard Specifications.
2.2.2 Per Meridian City Code (MCC), the applicant shall be responsible to install sewer and water mains to and
through this development. Applicant may be eligible for a reimbursement agreement for infrastructure
enhancement per MCC 8-6-5.
2.2.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way
include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility,
or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside
the plat process using the City of Meridian’s standard forms. The easement shall be graphically depicted
on the plat for reference purposes. Submit an executed easement (on the form available from Public
Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must
include the area of the easement (marked EXHIBIT A) and an 81/2” x 11” map with bearings and
distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a
Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All
easements must be submitted, reviewed, and approved prior to development plan approval.
2.2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of
water (MCC 12-13-8.3). 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
EXHIBIT A
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for the payment of assessments for the common areas prior to prior to receiving development plan
approval.
2.2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the
City Engineer. Any structures that are allowed to remain shall be subject to evaluation and possible
reassignment of street addressing to be in compliance with MCC.
2.2.6 All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or
laying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. In
performing such work, the applicant shall comply with Idaho Code 42-1207 and any other applicable law
or regulation.
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 Army Corps of Engineers.
2.2.15 Developer shall coordinate mailbox locations with the Meridian Post Office.
2.2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H.
2.2.17 Compaction test results shall be submitted to the Meridian Building Department for all building pads
receiving engineered backfill, where footing would sit atop fill material.
2.2.18 The design engineer shall be required to certify that the street centerline elevations are set a minimum of
3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom
elevation of the crawl spaces of homes is at least 1-foot above.
2.2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage
facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The
design engineer shall provide certification that the facilities have been installed in accordance with the
approved design plans. This certification will be required before a certificate of occupancy is issued for
any structures within the project.
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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 A street light plan will need to be included in the civil construction plans. Street light plan requirements
are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be
found at http://www.meridiancity.org/public_works.aspx?id=272.
2.2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125%
of the total construction cost for all incomplete sewer, water and reuse infrastructure prior to final plat
signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The
surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must
file an application for surety, which can be found on the Community Development Department website.
Please contact Land Development Service for more information at 887-2211.
2.2.23 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of
the total construction cost for all completed sewer, water and reuse infrastructure for duration of two
years. This surety will be verified by a line item cost estimate provided by the owner to the City. The
surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must
file an application for surety, which can be found on the Community Development Department website.
Please contact Land Development Service for more information at 887-221.
3. POLICE DEPARTMENT
3.1 The Police Department has no comment on this application.
4. FIRE DEPARTMENT
4.1 In accordance with International Fire Code Section 503.2.5 and Appendix D, any roadway greater than
150 feet in length that is not provided with an outlet shall be required to have an approved turn around.
Phasing of the project may require a temporary approved turn around on streets greater than 150' in length
with no outlet.
4.2 All entrances, internal roads, drive aisles, and alleys shall have a turning radius of 28’ inside and 48’ outside,
per International Fire Code Section 503.2.4.
4.3 Provide signage (“No Parking Fire Lane”) for all fire lanes in accordance with International Fire Code
Sections 503.4 & D103.6.
4.4 Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set forth in
International Fire Code Section 304.1.2.
4.5 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.
4.6 To increase emergency access to the site a minimum of two points of access will be required for any portion
of the project which serves more than 30 homes, as set forth in International Fire Code Section D107.1. The
two entrances should be separated by no less than ½ the diagonal measurement of the full development as set
forth in International Fire Code Section D104.3. The applicant shall provide a stub street to the property to
the (west/east/north/south).
4.7 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.
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5. PARKS DEPARTMENT
5.1 Mitigation is required for all existing trees 4-inch caliper or greater that are removed from the site in
accord with the standards listed in UDC 11-3B-10C.5. Contact Elroy Huff, City Arborist, at 208-489-
0589 to confirm mitigation requirements for the site prior to removal of any trees.
6. ADA COUNTY HIGHWAY DISTRICT
6.1 Site Specific Conditions of Approval
6.1.1 Prior to ACHD's signature on the final plat that contains the 109th building lot, submit an intersection
analysis for the Ustick Road and McDermott Road intersection.
6.1.2 If it is determined that intersection improvements are necessary, then the applicant should be required to
improve the intersection, as recommended in the updated intersection analysis prior to ACHD's signature
on the final plat that contains the 109th lot. If a signal is warranted, then a signal agreement shall be
required.
6.1.3 Dedicate additional right-of-way to total 37-feet of from the centerline of McDermott Road abutting the
site. If detached sidewalks are constructed the right-of-way should extend to 2-feet behind the back of
curb and a permanent right-of-way easement shall be required for the sidewalks.
6.1.4 Construct McDermott Road as half of a 46-foot street section with vertical curb, gutter, and a 5-foot wide
detached (or 7-foot wide attached) concrete sidewalk abutting the site.
6.1.5 Design and construct the crossing of Five Mile Creek, Fawnridge Way. ACHD will reimburse the
applicant for ½ of the costs from collected road trust monies from the development to the north.
6.1.6 Construct Fawnridge Way and Kasos Street, as a 36-foot wide residential collector roadway with vertical
curb, gutter, and a 5-foot wide detached (or 7-foot wide attached) concrete sidewalks within the site. If
detached sidewalks are desired, then the right-of-way should extend to 2-feet behind the back of curb. If
street trees are desired, then 8-foot wide planter strips should be required.
6.1.7 Construct the entry portion of Aegean Drive and Mikonos Drive with two 20-foot wide travel lanes, a 10-
foot wide center landscape island, rolled curb, gutter, an 8-foot wide planter strip, and 5-foot wide
detached concrete sidewalk. Plat the islands as right-of-way owned by ACHD. The applicant or the
home owners association shall enter into a license agreement with ACHD is landscaping within the
islands is desired.
6.1.8 Construct Delfi Avenue, Larisa Street, Nemea Way, Kithnos Drive, and Parnassus Avenue (north of
Kasos Street) as 29-foot street sections with rolled curb, gutter, and 5-foot wide attached concrete
sidewalks within 42-feet of right-of-way. Provide written fire department approval for the reduced street
section.
6.1.9 Construct all of the internal local streets as 33-foot street sections with rolled curb, gutter, an 8-foot
planter strip, and 5-foot wide detached concrete sidewalk. Extend the dedicated right-of-way to 2-feet
behind the back of curb and provide a permanent right-of-way easement for the detached sidewalks
located outside of the dedicated right-of-way.
6.1.10 Construct 4 knuckles, as proposed.
6.1.11 Dedicate 30-feet of right-of-way for Paros Avenue, as proposed. Provide a road trust deposit in the
amount of $18,480.00 (140-feet X $132.00 per LF) for the construction of ½ of Paros Avenue.
6.1.12 Construct Aegean Drive to intersect McDermott Road, located 210-feet south of the north property line,
as proposed.
EXHIBIT A
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6.1.13 Construct 1 stub street to the east, Fawnridge Way/Kaso Street, located 330-feet south of north property
line. Install a sign at the terminus of the roadway, stating that, “THIS IS A DESIGNATED
COLLECTOR ROADWAY. THIS STREET WILL BE EXTENDED AND WIDENDED IN THE
FUTURE.”
6.1.14 Construct 3 stub streets to the south, located as follows:
Patimos Avenue, located, 250-feet east of McDermott Road.
Kithira Avenue, located, 1,200-feet east of McDermott Road.
Paros Avenue, located at the site’s southeast property line.
6.1.15 Install signs at the terminus of the stub streets, stating that, "THIS ROAD WILL BE EXTENDED IN
THE FUTURE.”
6.1.16 Payment of impacts fees are due prior to issuance of a building permit.
6.1.17 Comply with all Standard Conditions of Approval.
6.2 Standard Conditions of Approval
6.2.1 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).
6.2.2 Private Utilities including sewer or water systems are prohibited from being located within the ACHD
right-of-way.
6.2.3 In accordance with District policy, 7203.3, the applicant may be required to update any existing non-
compliant pedestrian improvements abutting the site to meet current Americans with Disabilities Act
ADA) requirements. The applicant’s engineer should provide documentation of ADA compliance to
District Development Review staff for review.
6.2.4 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.
6.2.5 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.
6.2.6 All utility relocation costs associated with improving street frontages abutting the site shall be borne by
the developer.
6.2.7 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 construction.
6.2.8 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.
6.2.9 All design and construction shall be in accordance with the ACHD Policy Manual, ISPWC Standards and
approved supplements, Construction Services procedures and all applicable ACHD Standards unless
specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all
improvement plans.
EXHIBIT A
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6.2.10 Construction, use and property development shall be in conformance with all applicable requirements of
ACHD prior to District approval for occupancy.
6.2.11 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.
6.2.12 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
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C. Legal Description & Exhibit Map for Annexation Boundary
EXHIBIT A
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EXHIBIT A
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EXHIBIT A
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EXHIBIT A
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EXHIBIT A
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EXHIBIT A
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EXHIBIT A
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EXHIBIT A
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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 proposes to annex the subject property with the R-4 and R-8 zoning districts and
develop single-family detached homes on the site at a gross density of 3.43 dwelling units per acre
consistent with the Comprehensive Plan Future Land Use Map designation of MDR. (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 and R-8 zoning districts 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 map amendment will not be detrimental to the public health,
safety, or welfare. City utilities will be extended at the expense of the developer.
d. The map amendment shall not result in an adverse impact upon the delivery of ser vices 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 11-5B-3.E).
The City Council finds annexing this property with an R-4 and R-8 zoning district as requested is in
the best interest of the City.
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 conformance with the Comprehensive plan and the
MDR FLUM designation. (Please see Comprehensive Plan Policies and Goals, Section VII, of the
Staff Report for more information.)
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 available and are adequate to serve the proposed
development. (See Exhibit B of the Staff Report for more details from public service providers.)
EXHIBIT A
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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 from public service providers in Exhibit B, 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.