2 1/2 Street Townhomes H-2017-0066ADA COUNTY RECORDER Christopher D. Rich 2018-014052
BOISE IDAHO Pgs=43 BONNIE OBERBILLIG 02/15/2018 10:16 AM
CITY OF MERIDIAN, IDAHO NO FEE
I DOW 01 IM UZI I g1►Y IIT" ti gI 010 10400 I
PARTIES: 1. City of Meridian
2. Meridian Fairview, LLC, Owner
3. Broadbent Properties, Developer
VA THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into
this 2 day of Gbrua%'2018, by and between City of Meridian, a municipal
corporation of the State of Idah6, hereafter called CITY whose address is 33 E. Broadway Avenue,
Meridian, Idaho 83642 and Meridian Fairview, LLC, whose address is 6149 N. Meeker Place,
Suite 110, Boise, Idaho 83713, hereinafter called OWNER and Broadbent Properties, whose
address is 6149N. Meeker Place, Suite 110, Boise, Idaho 83713, hereinafter called DEVELOPER.
RECITALS:
1.1 WHEREAS, Owner is the sole owner, in law and/or equity, of certain tract
of land in the County of Ada, State of Idaho, described in Exhibit "A", which
is attached hereto and by this reference incorporated herein as if set forth in
full, herein after referred to as the Property; and
1.2 WHEREAS, Idaho Code § 67-6511 A provides that cities may, by ordinance,
require or permit as a condition of zoning that the Owners and/or Developer
make a written commitment concerning the use or development 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
rezone of approximately 3.07 acres of land from the C -C (Community
Business) and R-15 (Medium Density Residential) zoning district to the O -T
(Old Town) zoning district (as described in Exhibit "A"), under the Unified
Development Code, which generally describes how the Property will be
developed and what improvements will be made; and
1.5 WHEREAS, Owner 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
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Meridian City Council Meeting Agenda February 13, 2018 — Page 124 of 372
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 5th day of September, 2017, the Meridian City Council
approved certain Findings of Fact and Conclusions of Law and Decision and
Order ("Findings'), which have been incorporated into this Agreement and
attached as Exhibit "B"; and
1.8 WHEREAS, the Findings require the Owner and/or Developer to enter into a
Development Agreement before the City Council takes final action on final
plat; and
1.9 WHEREAS, Owner and/or Developer deems it to be in its best interest to be
able to enter into this Agreement and acknowledges that this Agreement was
entered into voluntarily and at its urging and request; and
1.10 WHEREAS, City requires the Owner and/or Developer to enter into a
development agreement for the purpose of ensuring that the Property is
developed and the subsequent use of the Property is in accordance with the
terms and conditions of this Agreement, herein being established as a result
of evidence received by the City in the proceedings for zoning designation
from government subdivisions providing services within the planning
jurisdiction and from affected property owners and to ensure zoning
designation are in accordance with the amended Comprehensive Plan of the
City of Meridian on October 11, 2016, Resolution No. 16-1173, and the
UDC, Title 11.
NOW, THEREFORE, in consideration of the covenants and conditions set forth
herein, the parties agree as follows:
2. INCORPORATION OF RECITALS: That the above recitals are contractual and
binding and are incorporated herein as if set forth in full.
3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and
phrases herein contained in this section shalt 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 - 2 '/2 STREET TowNffomEs (H-201,7-0066) PAGE 2 OF 8
Meridian City Council Meeting Agenda February 13, 2018 — Page 125 of 372
3.2 OWNER: means and refers to , Meridian Fairview, LLC, whose address is
6149 N. Meeker Place, Suite 110, Boise, Idaho 83'713, the party that owns
said Property and shall include any subsequent owner(s) of the Property.
33 DEVELOPER: means and refers to Broadbent Properties, whose address is
6149 N. Meeker Place, Suite 110, Boise Idaho 83713, the party that is
developing said Property and shall include any subsequent developer(s) ofthe
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 Old Town (O -T) 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.
5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY:
5.1 Owner and/or Developer shall develop the Property in accordance with the
following special conditions:
a. I The Applicant/Developer shall complywith the submitted townhome elevations attached
in Exhibit AA of the Staff Report which is attached hereto as Exhibit "B", Findings of
Fact Conclusions of Law.
b. The Applicant/Developer shall provide a play structure as proposed.
c. The, Applicant/Developer shall comply with the preliminary plat-, landscape plan and
building elevations found in Exhibit A of the Staff Report which is attached hereto as
Exhibit "B", Findings of Fact Conclusions of Law.
6, COMPLIANCE PERIOD This Agreement must be fully executed within six (6)
months after the date of the Findings for the annexation and zoning or it is null and void.
7. DEFAULT/CONSENT TO DE -ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
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Meridian City Council Meeting Agenda February 13, 2018 — Page 126 of 372
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 Notiee and Cure Period. In the event of Owner and/or Developer's default
of this Agreement, Owner and/or Developer shall have thirty (30) days from
receipt of written notice from City to initiate commencement of action to
correct the breach and cure the default, which action must be prosecuted with
diligence and completed within one hundred eighty (180) days; provided,
however, that in the, case of any such default that can -not with diligence be
cured within such one hundred eighty (l 80) 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
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.
DEVELOPMENT AGREEMENT - 2 Vz STREET TowNuomEs (H-2017-0066) PAGE 4 of 8
Meridian City Council Meeting Agenda February 13, 2018 — Page 127 of 372
9. REQUIREMENT FOR RECORDATION: City shall record this Agreement,
including all ofthe Exhibits, and submit proof of such recording to Owner and/or Developer, prier 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.
to. ZONING: City shall, following recordation of the duly approved Agreement enact a
valid and binding ordinance zoning the Property as specified herein.
IL 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 I I above.
13. ABIDE BY ALL CITY ORDINANCES: That Owner and/or Developer agree to
abide by all ordinances of the City of Meridian unless otherwise provided by this Agreement.
14, NOTICES: Any notice desired by the parties and/or required by this Agreement
shall be deemed delivered if and when personally delivered or three (3) days after deposit in the
United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed
as follows:
CITY:
City Clerk
City of Meridian
33 E. Broadway Ave.
Meridian, Idaho 83642
OWNER:
Meridian Fairview, LLC
6149 N. Meeker, Suite 110
Boise, ID 83713
with copy to:
City Attorney
City of Meridian
33 E. Broadway Avenue,
Meridian, ID 83642
DEVELOPER:
Broadbent Properties
6149 N. Meeker, Suite 110
Boise, ID 83713
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.
is. 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
DEVELOPMENT AGREEMENT — 2 1% STREET ToWNHOMES (H-2017-0066)
PAGE $ OF 8
Meridian City Council Meeting Agenda February 13, 2018 — Page 128 of 372
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 shalt 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 ofthe 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 patty
shall act reasonably in giving any consent, approval, or taking any other action under this Agreement.
20. COOPERATION OF THE PARTIES: In the event of any legal or equitable action
or other proceeding instituted by any third party (including a governmental entity or official)
challenging the validity of any provision in this Agreement, the parties agree to cooperate in
defending such action or proceeding.
21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements,
agreements, condition and understandings between Owner and/or Developer and City relative to the
subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral
or written, express or implied, between Owner and/or Developer and City, other than as are stated
herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or
addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and
signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a
duly adopted ordinance or resolution of City.
21,1 No condition governing the uses and/or conditions governing re -zoning of the subject
Property herein provided for can be modified or amended without the approval of the
City Council after the City has conducted public hearing(s) in accordance with the
notice provisions provided for a zoning designation and/or amendment in force at the
time of the proposed amendment.
DEVELOPMENT AGREEMENT -2/2 STREET TOWNHOMES (H-207-0066) PAGE 6 OF 8
Meridian City Council Meeting Agenda February 13, 2018 — Page 129 of 372
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, thepatties have herein executed this agreement and made
it effective as hereinabove provided.
OWNER:
Meridian Fairview, LLC
By: Broadbent Hoeger, LLC, Manager
--- - -
athan HdL-gerTimnager
DEVELOPER:
Broadbent Properties
By: Broadbent Hoeger, LLC, Manager
CITY OF MERIDLAN ATTEST:
M
DEVELOPMENT AGREEMENT -2 V2 STREET TowNHomm (H-2017-0066) PAGE 7 of 8
STATE OF IDAHO
ss:
County of Ada,
On this day of February, 2018, before me, the undersigned, a Notary Public in and for said State,
personally appeared Jonathan Hoeger known or identified tome to be the Manger of Broadbent Hoeger, LLC a
limited liability company which is the Manager of Meridian Fairview, LLC, a linited liabiltiy company, and
acknowledged to me that he executed the same on behalf of said company.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this
certificate first above written.
19 IN�j
(SEAL)
A %
NoKqPublic for Idaho
Residing at:
MY Commission Expires:
q
C)
RTATR OF 1T)XV0
County ofAda, )
On this d 'L"day of February, 2018, before me, the undersigned, a Notary Public in and for said State,
personally appeared Jonathan Hoeger known or identified to me to be the Manger of Broadbent Hoeger, LLCa
limited liabilfly company which is the Manager of Broadbent Properties, LLC, a limited liability company, and
acknowledged tome thathe executedthe same on behalf of said company.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seat the day and year in this
certificate first above wriftppis s t to,
(SEAL) a
N=Zublio for Idaho
in,
U
L
)o R ing at:
My Commission Iliph
STATE OF IDAHO
County of Ada
I rl
On this I 'D day of IE -k hCU"r 2018, before me, a Notary Public, personally appeared
Tammy de Weerd and C.Jay Coles, know or identifiell 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
,nn-apm
Notar� Public
Residing at: 4"01A'&�
Commission expires: � - D,% - ay
.2'/2 STPEFT TowNmmEs (H-2017-0066)
PAGE 8 of 8
EXHIBIT A
Legal Description & Exhibit Map of the Rezone Boundary
Pararnetrix
MGM[ RING. PLANNING ANVIAONMMAL SCIENCES
December 20, 2016
Broadbent Ventures, LLC
NE 2 Y, Street Meridian
Rezone Description
Project No. 317-7840-001
MAK&JIUM
A parcel of land situated in the Northwest One Quarter of Section 7, Township 3 North, Range I East, Boise
Meridian, City of Me6dian, Ada County, Idaho, being more particularly described as follows:
CornmenLing at the northwest corner of said Section 7, thence following the northerly line of said Section 7,
North 88'0W42" East a distance of 1,084.73 feet to a point on the centerline of NE 2 M Street;
Thence following said centerline, South 0*0640" East a distance of 631,54 feet to the point being the POINT OF
BEGINNING.
Thence following said centerfine, South 0'06'40' East a distance of 482.18 feet,
Thence leaving said Centerline line, South 89'27'35" West a distance of 217.91 feet;
Thence South 0'05'36°' East a distance of 56,74 feet;
Thence South 89'14!35" West a distance of 5326 feet,
Thence North 0'0330' West a distance of 538,43 feet
Thence North 8318'53' East a distance of 270.70 feet to the POINT -OF BEGINNING.
The above-described description is intended for rezone purposes only and is not intended to be used for transfer
of title or any other use. The above-desc6bed rezone description contains 3;07 acres, more or ices;
21/2Street Townhomes RZ PP PS ALT — H-2017-0066
Meridian City Council Meeting Agenda February 13, 2018 — Page 932 of 372
EXHIBIT A
EXHIBIT MAP
IRRIGATION EASEMENT
SECTION 7, TOWNSHIP 3 N, RANGE 11 E. B.M.
CITY OF MERIDIAN, ADA COUNTY, IDAHO
2016
NOT00'421
104.73..
NW CORNER N 1/4 CORNER
7
SECTION 7 l SECTION
A
0 N joy
I
1'=10w
PROJECT: NE 2 112 STREET MERIDIAN
REZONE EXHIBIT
DATE ' DECEMBER 20, 2016
21/2Street Townhomes RZ PP PS ALT — H-2017-0066
Parametrix
EUGR,&EotZ, PUMINING ENVIROTMENTAL SCIEKES
1111111FMMA.WAMWAMWAIIIII
7761 W RIVERSIXE MVE, SUM 201 1 SCISF, ID W14
F 209AW0012
WW%V,PARAV,FMJXC0f4
Meridian City Council Meeting',Agenda February 13, 2018 — Page 133 of 372
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND
DECISION & ORDER
In the Matter of the Request to rezone a portion of property from C -C and R-15 (3.01) to O -T, for
a preliminary plat consisting of 50 single-family residential lots and 7 common lots on 2.571 acres of
land, south of E. Fairview Ave. on the west side of 2 and a half street, by Broadbent Properties.
Case No(s). B-2017-0066
For the City Council Hearing Date of: August 22,'2017 (Findings on September 51, 2017)
A. Findings of Fact
I . Hearing Facts (see attached Staff Report for the hearing date of August 22, 2017, incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of August 22, 2017, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of August 22,
2017, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of August 22, 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 (LC. §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 of the annexation and preliminary plat request in
accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). H-2017-0066
-I-
Meridian City Council Meeting Agenda February 13, 2018 — Page 134 of 372
copy served by the Clerk upon the applicant, the Planning Division, the Public Works Department
and any affected party requesting notice.
7. That this approval is subject to the Conditions of Approval all in the attached staff report for the
hearing date of August 22, 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 Rezone, Preliminary Plat and Private Street is hereby approved per the
conditions of approval in the attached staff report, for the hearing date of August 22, 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 11-68-7A).
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, maybe 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 -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 I I -
613-7Q.
Notice of Six (6) Month Development Agreement Duration
The development agreement shall be signed by the property owner and returned to the City
within six (6) months of the City Council granting annexation and/or rezone (UDC I 1 -513-31)).
A modification to the development agreement may be initiated prior to signature of the
agreement by all parties and/or maybe requested to extend the time allowed for the agreement
to be signed and returned to the City if filed prior to the end of the six (6) month approval
period (UDC 11-513-317).
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). H-2017-0066
-2-
Meridian City Council Meeting Agenda February 13, 2018 — Page 135 of 372
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 ajudicial review as provided by Chapter 52, Title 67, Idaho Code.
F. Attached: Staff Report for the heating date of August 22, 2017
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). H-2017-0066
-3-
Meridian City Council Meeting Agenda February 13, 2018 — Page 936 of 372
By action of the City Council at its regular meeting held on the day of
2017.
COUNCIL PRESIDENT KEITH BIRD VOTED_)�/
COUNCIL VICE PRESIDENT JOEBORTON VOTED e
_Y -4
COUNCIL MEMBER ANN LITTLE ROBERTS VOTED
COUNCIL MEMBER TY PALMER VOTED Ya
COUNCIL MEMBER LUKE CAVENER VOTED
COUNCIL MEMBER GENESIS MJLAM VOTEI[�- Y&
MAYOR TAMMY do WEERD VOTED
--
(TIE BREAKER)
Copy sm,
- ed upon Applicantj The Planning Division, Publip Works, Departimitt and City Attorney,
By. 14"
Dated,:&Z
Cltytlork's Office U
CITY OF MERIDIAN FINDINGS OF FACT, CONCLTJS,IONS OF LAW ANDDECI$1ON & ORDER,
CASE NO(S). U-2017-0066
Meridian City CounciLhjseting Agenda February 13, 2018 — Page 137 of 372
STAFF REPORT
Hearing Date:
TO:
FROM:
SUBJECT:
Exhibit A
August 22, 2017
Mayor & City Council
Josh Beach, Associate City Planner
208-884-5533
Bruce Freckleton, Development Services Manager
208-887-2211
2 '/2 Street Townhomes (RZ, PP, PS & ALT) -7- H-2017-0066
I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
I
The applicant, Broadbent Properties, has submitted an application for rezone (RZ) of 3.07 acres of
land from the C -C and R-15 zones to the O -T zone; a preliminary plat (PP) consisting of 51 single-
family residential lots and 7 common lots on 2.571 acres of land, a private street and alternative
compliance to deviate from the parking standards set forth in UDC 11-3C-6. See Section IxAnalysis
for more information.
11. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed RZ, PP, PS and ALT 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 Planninj! & Zoninjj Commission heard these items on June 22, 2017. At the
public hearing, the Commission moved to continue the subiect Rezone, Preliminary Plat and
Private Street requests to July 20, 2017.
a.
Summary of Commission Public Hearing:
L
In favor: Bill Truax, Dan Basalone
ii.
In opposition: Michael B. Morrison, William Gardoski
iii.
Commenting: William G rdoski
iv.
Written testimony: None
L.
Staff presenting application: Josh Beach
vi.
Other staff commenting on application: Bill Parsons
b.
Key
issue(s) of Public Testimony:
L.
Lack of Parking
ii.
Increased traffic
c.
Key
Issues of Discussion by Commission:
i.
Parkin
iL
Density
d.
Commission Change(s) to Staff Recommendation:
L
None
e.
Outstanding Issue(s) for City Council:
L
None
The Meridian Planning & Zoning Commission heard these items on July 20, 2017. At the Public
hearing, the Commission recommended to approve the subiect Rezone, Preliminary Plat and
Private Street requests.
a. Summary of Commission Public Hearing:-
vu. In favor: Bill Truax
2 V2 Street Townhomes RZ PP PS ALT — H-2017-0066 PAGE'I
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Exhibit A
viii. In opposition: William Gardoski
ix. Commenting: William Gardoski
x. Written testimony: Dan Basalone
2iL. Staff presenting application:
xii. Other staff cornmenting on application: None
b. Key issue(s) of Public Testimony:
i. Parkin
ii. Increased traffic
c. Key Issues of Discussion by Commission:
L Parkin
di. Commission Chanu(s) to Staff Recommendation:
i. None
L Outstandint! Issue(s) for City Council:
L None
The Meridian City Council heard these items on August 22, 2017. At the public hearing, the
Council approved the subject RZ, PP and PS requests.
a. Summary of City Council Public Hearing:
i. In favor: Bill Truax
ii. In opposition: Michael B. Morrison, Eileen Gardoski
iii. Commenting: Michael B. Morrison, Eileen Gardoski
iv. Written testimony: None
1. Staff presenting application: Josh Beach
vi. Other staff commentina on application: Lieutenant Caldwell
bKey Issues of Discussion by Council:
i. Limited on -street parking availability
ii. Providing safe pedestrian access to Cole Valley Christian school
g. Key Council Changes to Staff/Commission Recommendation
i. None
111. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to recommend approval to the City
Council of File Number H-2017-0066, as presented in the staff report for the hearing date of June 22,
2017, with the following modifications: (Add any proposed modifications).
Denial
After considering all staff, applicant and public testimony, I move to recommend denial to the City
Council of File Number H-2017-0066, as presented during the hearing on June 22, 2017, for the
following reasons: (You should state specific reasons for denial)
Continuance
I move to continue File Number H-2017-0066 to the hearing date of (insert continued hearing date
here) for the following reason(s): (You should state specific reason(s) for continuance.)
IV. APPLICATION AND PROPERTY FACTS
A. Site Address/Location:
The site is located south of E. Fairview Ave. on the west side of 2 and a Half Street, in the NW 1/4
of Section 7, Township 3N., Range IE. (Parcel Ws S 1107223 065, S 1107223 070, S 1107223 090,
2 V2 Street Townhomes RZ PP PS ALT — H-2017-0066
Meridian City Council Meeting Agenda February 13, 2018 — Page 139 of 372
PAGE 2
Exhibit A
51107223100, 51107223125, 51107223160, 51107223080, 51107223082, 51107223085
S1107223150)
B. Owners:
Meridian Fairview, LLC
6149 N. Meeker Place Suite 110
Boise, ID 83713
C. Applicant
Broadbent Properties
6149 N. Meeker Place Suite 110
Boise, ID 83713
D. Representative:
Inflection Development, LLC
PO Box 50111
Boise, ID 83705
E. Applicant's Statement/Justification: Please see applicant's narrative for this information.
V. PROCESS FACTS
A. The subject application is for a rezone, preliminary plat, private street and alternative compliance.
A public hearing is required before the Planning & Zoning Commission and City Council on the
rezone and preliminary plat and the Director is the decision maker on the private street and
alternative compliance request, consistent with Meridian City Code Title 11, Chapter 5.
B. Newspaper notifications published on: June 2, 2017 (Commission) August 4, 2017 (Council)
C. Radius notices mailed to properties within 300 feet on: May 25, 2017 (Commission) July 27,
2017 (Council)
D. Applicant posted notice on site(s) on: June 14, 2017' (Commission) August 1, 2017 (Council)
V1. LAND USE
A. Existing Land Use(s) and Zoning: The area considered for development is primarily vacant
commercial and residential property however; several of the lots are developed with single-family
residences, zoned C -C and R-15.,
B. Character of Surrounding Area and Adjacent Land Use and Zoning:
1. North: Commercial property (Rite-Aid), zoned C -C
2. East: Single-family residential property, zoned R-8
3. South: Single-family residential property, zoned R-15
4. West: Commercial properties, zoned C -C
C. History of Previous Actions: NA
D. Utilities:
1. Location of sewer: Sewer mains intended to provide service to the proposed development
currently exist adjacent to the development in the middle of the block between NE 2 and a
Half Street and N. Main Street. It is the intention of the Public Works Department to
eventually abandon this main, and therefore this project will be required to install mainline in
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Meridian City Council Meeting Agenda February 13, 2018 — Page 140 of 372
Exhibit A
NE 2 and a Half Street, and tie back into the existing mainline on the north side of the project,
potentially in the driveway of the adjacent commercial development. Applicant shall be
responsible for the acquisitions of any easements necessary to accomplish this alignment.
2. Location of water: Water mains intended to provide service to the proposed development
currently exist adjacent to the proposed development in NE 2 and a Half Street.
3. Issues or concerns: None
E. Physical Features:
1. Canals/Ditches Irrigation: No major facilities transverse the, subject properties.
2. Hazards: Staff is not aware of any hazards that exist on this property.
3. Flood Plain: This site does not lie within the Meridian Floodplain Overlay District.
VII. COMPREHENSIVE PLAN POLICIES AND GOALS
This property is designated Old Town on the Comprehensive Plan Future Land Use Map (FLUM).
Per the Comprehensive Plan, "This designation includes the historic downtown and the true
community center. The boundary of the Old Town district predominantly follows Meridian's historic
plat boundaries. In several areas, both sides of a street were incorporated into the boundary to
encourage similar uses and complimentary design of the facing houses and buildings. Sample uses
include offices, retail and lodging, theatres, restaurants, and service retail for surrounding residents
and visitors. A variety of residential uses are also envisioned and could include reuse of existing
buildings, new construction of multi -family residential over ground floor retail or office uses. In order
to provide and accommodate preservation of the historic character, the City has developed specific
Design Guidelines for this area. Pedestrian amenities are emphasized in Old Town. Future planning in
Old Town will be reviewed in accordance with Destination Downtown, a visioning document for
redevelopment in downtown Meridian. Please see the Economic Excellence chapter for more
information on Destination Downtown."
This site is located at the northern periphery of the Old Town designated area known as the Northern
Gateway District in the Destination: Downtown vision plan. The properties to the east and west are
also within the Old Town designated area. Some of the specifies of the vision for this area are as
follows:
This district is defined by taller buildings, a sense of entry, streetscape improvements
(particularly along Cherry Lane) that encourage walking, office uses to provide a major
employment center supported by retail and housing, and an atmosphere that is distinctive and
that serves as an attraction and draws people into downtown Meridian. Retail/dining uses are
envisioned to make up 30% (or 13.8 acres) of this district.
Streetscape improvements and beautification include increasing the number of street trees,
landscaping including planters, community gardens and green spaces.
A collection of public art throughout downtown Meridian is also desired.
The downtown area should be designed to be attractive and welcoming to pedestrians and
bicyclists. Parking areas should include clear pedestrian pathways to make walking and
bicycling safer.
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Meridian City Council Meeting Agenda February 13, 2018 — Page 141 of 372
PAGE 4
Exhibit A
The applicant proposes to develop this 2.571 acre site with 51 single-family attached residential
structures. The project will have a gross density of 18.28 dwelling units per acre (d.u./acre) and a net
density of 25.36 d.u./acre.
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 townhomes will contribute to the variely of housing types available within the
city.
"Permit new development only where urban services can be reasonably provided at the time
of final approval and development is contiguous to the City." (3.01.01F)
City services are available and will be extended by the developer to the proposed lots upon:-
development
pondevelopment of the site in accord with UDC 11-3A-21.
"Require open space areas within all development." (6.01.01A)
The proposed plat does not show any open space on their plat. The amount of property
included in the plat (2.571 acres) does not meet the threshold to require any open space. The
applicant is proposing to front a large number of the townhomes on a mew (open space), and
has proposed a tot lot for the development. The UDC does not require open space or
amenities if the development is under 5 acres in size, however the applicant has proposed to
provide 0.71` acres of unqualified open space and a tot lot.
"Coordinate with public works, police, and fire departments on proposed annexation and
development requests, and the impacts on services." (3.04.01H)
Staff has coordinated with public works., police and fire and has incorporated their comments
and conditions in this report.
"Promote high density residential development in Old Town." (3.07.01Q.
"Use the Architectural Standards Manual." (3,07.02E)
"Encourage Infill Development." (3.04.02B)
For the above stated reasons, staff finds the proposed project is generally consistent with the goals
and objectives in the Comprehensive Plan.
VIII. UNIFIED DEVELOPMENT CODE (UDC)
A. Purpose Statement of Zones:
Per UDC 11-2D-1, the purpose of the O -T district is to accommodate and encourage further
intensification of the historical city center in accord with the Meridian Comprehensive Plan. The
intent of the O -T' district is to delineate a centralized activity center and to encourage its renewal,
revitalization and growth as the public, quasi -public, cultural, financial and recreational center of
the city. Public and quasi -public uses integrated with general business, and medium high to high
density residential is encouraged to provide the appropriate mix and intensity of activities
necessary to establish a truly urban city center.
B. Schedule of Use: Unified Development Code (VDC) Table 11-2D-2 lists the permitted,
accessory, conditional, and prohibited uses in the O -T zoning district. The proposed townhomes
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Meridian City Council Meeting Agenda February 13, 2018 — Page 142 of 372
Exhibit A
are listed as a permitted use in the O -T district.
C. Dimensional Standards: The dimensional standards listed in UDC 11-2D-4 for the O -T zoning
district applies to development of this site.
D. Structure and Site Design Standards: Development of this site must comply with the design
standards listed in UDC 11-3A-19 and the guidelines listed in the Architectural Standards Manual
(ASM).
E. Off -Street Parking: Off-street parking is required in accord with UDC 11 -3C -6A for the proposed
single-family development. For two, three and four bedroom units, four (4) parking spaces are
required; at least two in an enclosed garage. The applicant has submitted a concurrent alternative
compliance application to deviate from this requirement. (See analysis below)
IX ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
1. Rezone
The applicant has applied to rezone 3.07 acres of land from C -C and R-15 zoning districts, to the
O -T zoning district. As discussed above in Section VII, staff believes the proposed zoning
designation is consistent with the policies in the Comprehensive Plan.
The applicant proposes to develop 51 new townhomes 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 rezoned.
The City may require a development agreement (DA) in conjunction with a rezone pursuant to
Idaho Code section 67-6511A. In order to ensure the site develops as proposed with this
application, staff recommends a DA with the provisions included in Exhibit B.
2. Preliminary Plat
The proposed plat consists of 51 building lots and 7 common lots on 2.571 acres of land in a
proposed O -T zoning district (see Exhibit A.2). The gross density for the subdivision is 18.28
d.u./acre with a net density of 25.36 du./acre. The average lot size is 1,055 square feet.
Dimensional Standards: Development of this site is required to comply with the dimensional
standards listed in UDC 1 1-2D-2, 11-2D-3 and 11-2D-3 for the 0-T zoning district. The applicant
has proposed a 21 foot common driveway along the west boundary of the site. The proposed
common driveway does not meet the requirements of UDC 11-6C'-3. The applicant should revise
the plat and make this a 24 foot private street.
Access: Access is proposed for this site via two access points from NE 2 and a Half Street. The
applicant is proposing private streets throughout the development.
Private Street: The UDC requires private streets to be constructed within an easement and have
a travel lane width of 24' or 26' with no allowed parking as determined by the Fire Marshal. The
applicant is proposing a private street for the development that is being proposed as a common
lot. The proposed private streets are to be constructed as a 24 -foot street section and include a 5 -
foot sidewalk (pathway) on one side on all private roads with the exception of the private road on
the west side of the property.
Private streets are not intended for single-family development unless those homes front on a
mew. The applicant has provided a mew for a large number of the lots, and due to the additional
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Meridian City Council Meeting Agenda February 13, 2018 — Page 143 of 372
Exhibit A
open space provided and the applicant's vision for tree -lined streets, staff is in favor of the
request for private streets. Staff is supportive of the applicants request and has conditioned as
such in Exhibit B.
Phasing: The applicant is proposing to develop the project in two phases. The layout of the
phasing plan depends on availability of utilities for the project. The applicant will need to
coordinate with public works.
Parking: For single-family developments, off-street parking is required in accord with the
standards listed in UDC Table 11-3C-6 as follows:
➢ The applicant is proposing to construct all 2 and 3 -bedroom single-family homes,
therefore 4 parking spaces per unit are required; at least 2 in an enclosed garage and 2 on
a driveway.
The suhmitted plat depicts 51 single-family attached home that each contain a 2 -car garage. The
applicant has also provided 9 off-street parking spaces within the development.
The applicant is asking for alternative compliance to reduce the parking requirements for the
development from the required 4 parking stalls per unit containing 2, 3, or 4 bedrooms to 2 stalls
per unit. The applicant has received approval from MDC to reduce their parking requirement.
Landscaping: A landscape plan was submitted with this application for the area proposed to be
platted as shown in Exhibit A.3. Landscaping for this project is not required, however the
applicant has provided 0.71 of an acre, in unqualified open space. This are includes the mew lots,
the area with the tot lot, internal pathways, etc.
Landscaping within the common areas is required in accord with the standards listed in UDC 11 --
3G -3E.
1 -3G-3& The landscape plan complies with these standards.
Landscaping is required along all pathways in accord with the standards listed in UDC 11-3B-
12C. I -3B -
12C
The applicant shall provide a revised landscape plan at least ten days prior to the City Council
hearing.
The applicant should also be aware that there is an 8' sewer main along the west boundary. Trees
will not be allowed to be planted over the main.
Tree Mitigation: If there are existing trees on the site that are proposed to be removed; the
applicant should contact Elroy Huff, City Arborist, at 888-3579 to schedule an appointment to
confirm mitigation requirements prior to removal of any trees on the site.
Open Space/Site Amenities: The applicant has proposed parkways, mew lots and a tot lot for the
development.
Although this development does not meet the threshold to require amenities, the applicant has
proposed to include a tot lot as part of the project due to the fact that there are limited options for
children to play in the immediate area.
Fencing: All fencing should comply with the standards listed in UDC 11 -3A -6B and 11-3A-7..
Sidewalks: Sidewalks are required along all public streets as set forth in UDC 11-3A-17. The
applicant proposes to construct a 5 -foot wide detached sidewalk along 2 and a Half Street as well
as 5 -foot walkways through the development and along several of the private streets.
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.
2 V2 Street Townhomes RZ PP PS ALT — H-2017-0066 PAGE 7
Meridian City Council Meeting Agenda February 13, 2018 — Page 144 of 372
Exhibit A
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.
Existing structures: The applicant will be removing several structures from the property and
these shall all be removed prior to signature on the final plat.
Building Elevations: The applicant has submitted some conceptual sample building elevations
for, future homes in this development, included in Exhibit A.4. Building materials consist of board
and batten, asphalt shingles, and fiber -cement siding.
Design Review (DES): A CZC and DES application is required to be submitted prior to issuance
of building permits for the single family attached homes. With the submittal of the DES
application, the applicant shall submit a master site plan that designates the design, color schemes
and variations for each unit. The applicant must comply with the design standards listed in UDC
11-3A49 and the guidelines contained in the Architectural Standards Manual.
In summary, Staff recommends approval of the proposed rezone and preliminary plat request far
this site with a development agreement and the recommended conditions listed in Exhibit B of this
report in accord with the Findings contained in Exhibit D.
X. EXHIBITS
A. Drawings
1. Vicinity Map
2. Proposed Preliminary Plat (dated: 06/16/2017)
3. Proposed Landscape Plan (dated: 04/11/2017)
4. Conceptual Building Elevations
B. Agency & Department Comments/Conditions
C. Legal Description & Exhibit Map
D. Required Findings from Unified Development Code
2 V2 Street Townhornes RZ PP PS ALT — H-2017-0066
Meridian City Council Meeting',Agenda February 13, 2018 — Page 145 of 372
PAGE 8
Exhibit A
A. Drawings
1. Vicinity Map
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2 Y2 Street Townhomes RZ PP PS ALT — H-2017-0066
Meridian City Council Meeting Agenda February 13, 2018 — Page 146 of 372
PAGE 9
Exhibit A
2. Proposed Preliminary Plat (dated: 07/07/2017)
PRELIMINARY PLAT WR
TOWNHOMES OFF MAIN SUBDIVISION
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2 'l2 Street Townhomes RZ PP PS ALT — H-2017-0066 PAGE 10
Meridian City Council Meeting Agenda February 13, 2018 — Page 147 of 372
Exhibit A
3. Proposed Landscape Plan (dated; 04/11/2017) (NOT APPROVED)
2 V2 Street Townhomes RZ PP PS ALT — H-2017-0066
Meridian City Council Meeting',Agenda February 13, 2018 — Page 148 of 372
PAGE 11
Exhibit A
2 V2 Street Townhomes RZ PP PS ALT — H-2017-0066
Meridian City Council Meeting Agenda February 13, 2018 - Page 149 of 372
PAGE 12
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2 V2 Street Townhomes RZ PP PS ALT — H-2017-0066
Meridian City Council Meeting Agenda February 13, 2018 - Page 149 of 372
PAGE 12
Exhibit A
4. Conceptual Building Elevations
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2 1/2 Street Townhomes RZ PP PS ALT — H-2017-0066
Meridian City Council Meeting Agenda February 13, 2018 — Page 150 of 372
EXTERIOR
ELEVATIONS
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PAGE 13
Exhibit A
Street Townhomes RZ PP PS ALT — H-2017-0066'
Meridian City Council Meeting Agenda February 13, 2018 — Page 151 of 372
A -PO,
PAGE14
Exhibit A
2 V2 Street Townhomes RZ PP PS ALT — H-2017-0066
Meridian City Council Meeting Agenda February 13, 2018 — Page 152 of 372
m
A-002
PAGE 15
Exhibit A
B. EXHIBIT B - AGENCY & DEPARTMENT COMMENTS/CONDITIONS
1. PLANNING DEPARTMENT
1.1 Site Specific Conditions of Approval
1.1.1 A Development Agreement (DA) is required as a provision of rezone of this property. Prior to the
rezone ordinance approval, a DA shall be entered into between the City of Meridian, the property
owner(s) at the time of rezone ordinance adoption, and the developer. A final plat applicant shall
not be submitted until the DA is approved and recorded by the City.
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 the rezone. The DA shall, at minimum,
incorporate the following provisions:
a. The applicant shall comply with the submitted townhome elevations attached in Exhibit A.4.
b. The applicant shall provide a play structure as proposed.
c. The applicant shall comply with the preliminary plat', landscape plan and building elevations
found in Exhibit A of this report.
1.1.2 The preliminary plat included in Exhibit A.2, dated 04/04/2017, shall be revised as follows:
a. The applicant shall construct a 24 foot private street along the< west boundary of the property.
1.1.3 The landscape plan included in Exhibit AA, dated 04/11/2017, shall be revised as follows:
a. If any of the existing trees on the site are proposed to be removed, the applicant should
contact Elroy Huff, City Arborist, at 888-3579 to schedule an appointment to confirm
mitigation requirements prior to removal of any trees on the site. Any existing trees proposed
to be retained on-site should be noted on the plan.
b. Ten (10) days prior to City Council, the applicant shall submit a revised landscape plan in the
same configuration as the preliminary plat.
c. Comply with the fencing standards set forth in UDC 11-3A-7.
d. Provide a detail of the play structure with the submittal of a final plat.
1.1.4 A DES application is required to be submitted for the townhome units prior to issuance of
building permits. The applicant must comply with the design standards listed in UDC 11-3A-19
and the guidelines contained in the Architectural Standards Manual.
1.1.5 Per UDC '11 -5B -5B2, the Director approved the applicant's request for alternative compliance to
the parking standards listed in UDC 11-3C-613 per the site plan included in Exhibit A.2.
1.1.6 The applicant shall remove all structures from the subject property prior to receiving signature on
any final plat.
1.1.7 Maintenance of all common areas shall be the responsibility of the developer or assigns. Record
legally binding documents that state the maintenance and ownership responsibilities for the
management of the development, including but not limited to structures, parking, common areas,
private streets, and other development features.
1.1.8 The applicant shall provide private streets signs within the development.
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Exhibit A
1.1.9 The applicant shall construct N. Gunslinger Lane, N. Whitecuffs Lane, E. Gruber Lane and E.
Badley Lane as 24 -foot street sections in accordance with UDC 11-317-4, as shown on the
submitted plans. The applicant will have to certify that the Ada County Street Naming Committee
has accepted the private street names. The design of the streets meets the standards as set forth in
UDC 11-317-4; no gates are allowed. Roadway and storm drainage shall be contained on site.
1.2 General Conditions of Approval
1.2.1 Comply with all bulk, use, and development standards of the 0-T zoningi district listed in UDC-
Table
DCTable 11-2D-4.
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,
1-3A15, UDC 11-3B-6 and MCC 9-1-28.
1.2.5 Comply with the sidewalk standards as set forth in UDC 1`1-3A-1`7.
1.2.6 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11 -3B -5J
1.2.7 Construct the required landscape buffers consistent with the standards as set forth in UDC 11-;38
7C.
1 -3137C.
1.2.8 Construct storm water integration facilities that meet the standards as set forth in UDC I 1-3B
11C. -313lic.
1.2.9 Comply with all subdivision design and improvement standards asset 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.
1.2.10 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.
1.2.11 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 11-313-13 and UDC 11-313-14.
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.
1.3.4 The applicant and/or property owner shall have an ongoing obligation to prune all trees to a
minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the
area.
1.3.5 The applicant has a continuing obligation to comply with the outdoor lighting provisions as set
forth in UDC I1 -3A-11.
1.3.6 The applicant and/or property owner shall have an ongoing obligation to maintain all landscaping
and constructed features within the clear vision triangle consistent with the standards in UDC 11 -
3A-3.
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PAGE 17
Exhibit A
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-313. 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
713
1-613713 (if applicable).
1.4.5 The preliminary platapproval 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 11-313-14A.
2. PUBLIC WORKS DEPARTMENT
2.1 SITE SPECIFIC CONDITIONS OF APPROVAL
2.1.1 A street lighting plan will be required with the submittal of development plans. Plan
requirements can be found in section 6-5 of the Improvement Standards for Street Lighting at
http://www.meridiancity.org/public�works.aspx?id-272
2.1.2 Applicant shall be required to extend water main easements to property lines at all dead end
mains. All water mains shall terminate dead- ends with hydrants. Consider providing water
services off E 2 and a Half Street /or providing a bank of services to avoid building water main on
the north and south ends of N Gunslinger Lane.
2.1.3 Sewer mains intended to provide service to the proposed development currently exist adjacent to
the development in the middle of the block between NE 2 and a Half Street and N. Main Street.
It is the intention of the Public Works Department to eventually abandon this main, and therefore
this project will be required to install mainline in NE 2 and a Half Street, and tie back into the
existing mainline on the north side of the project, potentially in the driveway of the adjacent
commercial development. Applicant shall be responsible for the acquisitions of any easements
necessary to accomplish this alignment.
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.
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PAGE 18
Exhibit A
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 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.
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Meridian City Council Meeting Agenda February 13, 2018 — Page 156 of 372
Exhibit A
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.
2.2.20 At the completion of the project, the applicant shall be responsible to submit record drawings per
the City of Meridian AutoC-AD 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 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department in accordance
with International Fire Code Section (IFC) 508.5.4 as follows:
a. Fire hydrants shall have the 4 '/2" outlet face the main street or parking lot drive aisle.
b. Fire hydrants shall not face a street which does not have addresses on it.
c. Fire hydrant markers shall be provided per Public Works specifications.
d. Fire Hydrants shall be placed on comers when spacing permits.
e. Fire hydrants shall not have any vertical obstructions to outlets within 10'.
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Meridian City Council Meeting Agenda February 13, 2018 — Page 157 of 372
Exhibit A
f. Fire hydrants shall be placed 18" above finished grade to the center of the 4 V2" 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.
4.2 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.
4.3 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 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.
4.5 Provide signage ("No Parking Fire Lane") for all fire lanes in accordance with International Fire
Code Sections 503.4 & D103.6.
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 Fire lanes, streets, and structures (including the canopy height of mature trees) shall have a vertical
clearance of 13'6 as set forth in International Fire Code Section 503.2. L
4.8 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.
4.9 All portions of the buildings located on this project must be within 150' of a paved surface as
measured around the perimeter of the building as set forth in International Fire Code Section
503.1.1.
4.10 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 1/2 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).
4.11 Maintain a separation of 5' from the building to the dumpster enclosure as set forth in
International Fire Code Section 304.3.3.
4.12< Buildings over 30' in height are required to have access roads in accordance with the
International Fire Code Appendix D Section D105.
5. RiEpumc SERVICES
5.1 Republic Services did not provide comments on this application.
6. PARKS DEPARTMENT
6.1 The Park Department did not provide comments on this application.
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Meridian City Council Meeting Agenda February 13, 2018 — Page 158 of 372
PAGE 21
Exhibit A
7. ADA COUNTY HiGHwAY DISTRICT
7.1 Site Specific Conditions of Approval
7.1.1 Construct 2 And A Half Street as one-half of a 36 -foot street section with curb, gutter, within 50 -
feet of right-of-way; and detached 5 -foot wide concrete sidewalk within an easement.
7.1.2 Provide a permanent easement for any sidewalk located outside of the dedicated right-of-way.
7.1.3 Construct 2, 25 -foot wide common driveways onto 2 And A Half Street from the site. The
southern driveway is to align with Badley Avenue; and the northern driveway is to be located
170 -feet north of Badley Avenue and 170 -feet south of Gruber Avenue.
7.1.4 Pave the 2 driveways their entire width and at least 30 -feet into the site beyond the edge of
pavement of 2 And a Half Street.
7.1.5 If the Dero Fixit station is located within the right-of-way, a license agreement is required.
7.1.6 Payment of impacts fees are due prior to issuance of a building permit.
7.1.7 Comply with all Standard Conditions of Approval.
7.2 Standard Conditions of Approval
7.2.1 All proposed irrigation facilities shall be located outside of the ACHD right-of-way (including all
easements). Any existing irrigation facilities shall be relocated outside of the ACHD right-of-way
(including all easements).
7.2.2 Private Utilities including sewer or water systems are prohibited from being located within the
ACHD right-of-way.
7.2.3 In accordance with District policy, 7203.3, 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.
7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the
construction of the proposed development. Contact Construction Services at 387-6280 (with file
number) for details.
7.2.5 A license agreement and compliance with the District's Tree Planter policy is required for all
landscaping proposed within ACHD right-of-way or easement areas.
7.2.6 All utility relocation costs associated with improving street frontages abutting the site shall be
home 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 ACED 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 ACED 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.
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.
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PAGE' 22
Exhibit A
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 ACHD
Standards unless specifically waived herein. An engineer registered in the State of Idaho shall
prepare and certify all improvement plans.
7.2.10 Construction, use and property development shall be in conformance with all applicable
requirements of ACHD prior to District approval for occupancy.
7.2.11 No change in the terms and conditions of this approval shall be valid unless they are in writing
and signed by the applicant or the applicant's authorized representative and all 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.
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PAGE' 23'
Exhibit A
C. Legal Description & Exhibit Map of the Rezone Boundary
Parametrix
"f,j %,NjPItfFRSI�IfAe'AHTIF ?01 406'[, ID 1K71714 i P 211S 898 (loll
December 20, 2016
Broadbent Ventures, LLC
NE 2 Yi Street Meridian
Rezone Description
Project No. 317-7840.001
MEM
A parcel of land situated in the Northwest One Quarter of Section 7, Township 3 North, Range I East, Boise
Meridian, City of Meridian, Ada County, Idaho, being more particularly described as follows:
Commencing at the northwest corner of said Section 7, thence following the northerly line of said Section 7,
North 88*00'42" East a distance of 1,094,73 feet to a point on the tenterline of NE 2 Y1 Street;
Thence following said centerline, South 0*06'40" East a distance of 631.54 feet to the point being the POINT OF
BEGINNING.
Thence following said centerline, South 0'06'40".East a distance of 482.18 feet;
Thence leaving said centerline line, South 89*2735" West a distance of 217,91 feet;
Thence South 0'05'36" East a distance of 56,74 feet;
Thence South 8914'35" West a distance of 53.26 feet;
Thence North 0'03'30" West a distance of 538A3 feet;
Thence North 8918'53" East a distance of 270,70 feet to the POINT OF BEGINNING.
The above-despribed description is intended for rezone purposes only and is not intended to be used for transfer
of title or any other use. The above-described rezone description contains 3.07 acres, more or less.
2 Y2 Street Townhomes RZ PP PS ALT — H-2017-0066 PAGE24
Meridian City Council Meeting Agenda February 13, 2018 — Page 161 of 372
NW CORNER
SECTION 7
Exhibit A
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IRRIGATION EASEMENT
SECTION 7, TOWNSHIP 3 K RANGE 1 E, B.M.
CITY OF MERIDIAN, ADA COUNTY, IDAHO
2016
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PROJECT: NE 2'1/2 STREET MERIDIAN
REZONE EXHIBIT
BATE: DECEMBER 20, 2016:
2 V2 Street Townhomes RZ PP PS ALT — H-2017-0066
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77,61 %v RwERsTE v*IvE, SuM X01 I WISE, ID 8814
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Meridian City Council Meeting',Agenda February 13, 2018 — Page 162 of 372
PAGE' 25
Exhibit A
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PAGE26
Exhibit A
A Required Findings from Unified Development Code
1. REZONE:
Upon recommendation from the Commission, the Council shall make a full investigation and
shall, at the public hearing, review the application. In order to grant an annexation and/or rezone,
the Council shall make the following findings:
a. The map amendment complies with the applicable provisions of the Comprehensive
Plan;
Council finds the proposed density and associated O -T zoning is consistent with the
applicable provisions of the Comprehensive Plan in regard to the Old Town future land use
map designation for this site.
b. The map amendment complies with the regulations outlined for the proposed district,
specifically the purpose statement;
Council finds that the proposed map amendment and subsequent development will contribute
to the range of housing opportunities available in the City.
c. The map amendment shall not be materially detrimental to the public health, safety,
and welfare;
Council finds that the proposed zoning amendment will not be materially detrimental to the
public health, safety, or welfare. Council considered all oral or written testimony that may be
provided when determining this finding.
d. The map amendment shall not result in an adverse impact upon the delivery of services
by any political subdivision providing public services within the City including, but not
limited to, school districts; and,
Council finds that the proposed zoning amendment will not result in any adverse impact upon
the delivery of services by any political subdivision providing services to this site.
e. The annexation is in the best of interest of the City (UDC 11-511-1E).
Because this application is for a rezone, this finding is not applicable.
2. PRELIMINARY PLAT:
In consideration of a preliminary plat, combined preliminary and final plat, or short
plat, the decision-making body shall make the following findings:
a. The plat is in conformance with the Comprehensive Plan;
Council finds that the proposed plat 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.
b. Public services are available or can be made available and are adequate to
accommodate the proposed development;
Council finds that public services will be provided to the subject property upon
development. (See Exhibit B of the Staff Report for more details from public service
providers.)
c. The plat is in conformance with scheduled public improvements in accord with the
City's capital improvement program;
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Meridian City Council Meeting Agenda February 13, 2018 — Page 164 of 372
Exhibit A
Because City water and sewer and any other utilities will be provided by the development
at their own cost, Council finds that the subdivision will not require the expenditure of
capital improvement funds.
d. There is public financial capability of supporting services for the proposed
development;
Council relies upon comments from the public service providers (i.e., Police, Fire,
ACRD, etc.) to determine this finding. (See Exhibit B for more detail.)
e. The development will not be detrimental to the public health, safety or general
welfare; and
Council is not aware of any health, safety, or environmental problems associated with the
platting of this property. ACHD considers road safety issues in their analysis. Council
considers all public testimony that may be presented when determining whether or not
the proposed subdivision may cause health, safety or environmental problems of which
Staff is unaware.
f. The development preserves significant natural, scenic or historic features.
Council is unaware of any significant natural, scenic or historic features that exist on this
site.
3. ALTERNATIVE COMPLIANCE:
In order to grant approval for alternative compliance, the director shall determine the
following findings:
a. Strict adherence or application of the requirements is not feasible; OR
The Director finds that strict adherence to the parking standards is not desirable given the
location of the proposed use. Additionally, the reduced parking standards are endorsed by
MDC.
b. The alternative compliance provides an equal or superior means for meeting the
requirements; and
The Director finds the alternative compliance provides an equal means for meeting the
City's parking standards. The number of parking stalls required by the UDC is
determined in section 11-3C-6. The section requires that each single-family lot provide
two parking stalls within an enclosed garage and two in a driveway based on the number
of bedrooms proposed for the units in question. The applicant is providing 102 off-street
parking spaces as part of the development', and staff believes that with the additional 9
parking stalls, that the proposal provides an equal means for meeting the requirements of
the UDC.
c. The alternative means will not be materially detrimental to the public welfare or
impair the intended uses and character of the surrounding properties.
The Director finds that the proposed alternative will not be detrimental to the public
welfare or impair the use/character of the surrounding properties.
4. PRIVATE STREET
a. The Design of the private street meets the requirements of this Article;
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PAGE' 28
Exhibit A
The applicant will have to certify that the Ada County Street Naming Committee has
accepted the private street names. The design of the streets meets the standards as set
forth in UDC 11-317-4; no gates are allowed. Roadway and storm drainage shall be
contained on site.
b. Granting approval of the private street would not cause damage hazard, or
nuisance, or other detriment to persons property, or uses in the vicinity; and
Council does not anticipate any hazard, nuisance or other detriment from the private
streets if they are constructed and maintained as designed.
C. The use and location of the private street shall not conflict with the comprehensive
plan and/or the regional transportation plan.
The location of the private streets does not conflict with the Comprehensive Plan and/or
the regional transportation plan,
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PAGE; 29