Oaks West Subdivision H-2017-0170ADA COUNTY RECORDER Christopher D. Rich 2018-037033
BOISE IDAHO Pgs=60 VICTORIA BAILEY 04/25/2018 02:12 PM
CITY OF MERIDIAN, IDAHO NO FEE
DEVELOPMENT AGREEMENT
PARTIES; 1; City of Meridian
2. New Oaks, LLC, Owner
3, Hayden Homes, Idaho, LLC, Developer
THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into
this M day of P, QV-\ 2018, by and between. City of Meridian; a municipal
corporation of the State of Idaho, hereafter called CITY Whose address is 33 E. Broadway Avenue,
Meridian, Idaho 83642 and .New Oaks, LLC, whose address is 5662 Calle Real #254, Goleta, CA
93117, hereinafter called OWNER and Hayden.Homes Idaho, LLC whose address is 1406 N. Main
Street, Ste, 109, Meridian, ID 83642 hereinafter called DEVELOPER,
RECITALS;
1.1 WHEREAS, Owner is the sole owner, in law and/or equity, of certain tract of
land in the County of Ada, State of Idaho, described in Exhibit "A", which is
attached hereto and by this reference incorporated herein as if set forth in full,
herein after referred to as the Property; and
1.2 WHEREAS, Idaho. Code § 67-651 1A provides that cities may, by ordinance,
require or permit: as a condition of zoning that the Owner: and/or Developer
make a written commitment concerning the use or development of the subject
Property; and
1.3 WHEREAS, City has exercised its statutory authority by the enactment of
Section 117513-3 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 have submitted an application for the
re -zoning of 23,48 acres of land, described in Exhibit "A", from the L-0
(Light Office) zoning district to the R-8 (Medium Density Residential)(5,57
acres) zoning district and from. R-15(Medium High Density Residential)
zoning district to the R-$ (Medium Density Residential)(1 7.9 1) zoning district,
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
DEVELOPMEN'r AGREEmmNI-- OAKS WEs'l' SUBDIVISION (H-2017-0170) PAGE- 1 OF 9
Meridian City Council Meeting Agenda April 24, 2018 — Page 429 of 717
M
e
r
i
d
i
a
n
C
i
t
y
C
o
u
n
c
i
l
M
e
e
t
i
n
g
A
g
e
n
d
a
A
p
r
i
l
2
4
,
2
0
1
8
–
P
a
g
e
4
3
0
o
f
7
1
7
M
e
r
i
d
i
a
n
C
i
t
y
C
o
u
n
c
i
l
M
e
e
t
i
n
g
A
g
e
n
d
a
A
p
r
i
l
2
4
,
2
0
1
8
–
P
a
g
e
4
3
1
o
f
7
1
7
M
e
r
i
d
i
a
n
C
i
t
y
C
o
u
n
c
i
l
M
e
e
t
i
n
g
A
g
e
n
d
a
A
p
r
i
l
2
4
,
2
0
1
8
–
P
a
g
e
4
3
2
o
f
7
1
7
M
e
r
i
d
i
a
n
C
i
t
y
C
o
u
n
c
i
l
M
e
e
t
i
n
g
A
g
e
n
d
a
A
p
r
i
l
2
4
,
2
0
1
8
–
P
a
g
e
4
3
3
o
f
7
1
7
M
e
r
i
d
i
a
n
C
i
t
y
C
o
u
n
c
i
l
M
e
e
t
i
n
g
A
g
e
n
d
a
A
p
r
i
l
2
4
,
2
0
1
8
–
P
a
g
e
4
3
4
o
f
7
1
7
19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided, each party
shall act reasonably in giving any consent, approval, or taking any other action under this Agreement.
20. COOPERATION OF THE PARTIES: In the event of any legal or equitable action
or other proceeding instituted by any third party (including a governmental entity or official)
challenging the validity of any provision in this Agreement, the parties agree to cooperate in
defending such action or proceeding.
21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements,
agreements, condition and understandings between Owner and/or Developer and City relative to the
subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral
or written, express or implied, between Owner and/or Developer and City, other than as are stated
herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or
addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and
signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a
duly adopted ordinance or resolution of City.
21.1 No condition governing the uses and/or conditions governing re -zoning of the subject
Property herein provided for can be modified or amended without the approval of the
City Council after the City has conducted public hearing(s) in accordance with the
notice provisions provided for a zoning designation and/or amendment in force at the
time of the proposed amendment.
22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the
date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in
connection with the annexation and zoning of the Property and execution of the Mayor and City
Clerk.
[end of text; signatures, acknowledgements, and Exhibits A and B follow]
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement and made
it effective as hereinabove provided.
OWNER: DEVELOPER:
New As, LLC „ Hayden Homes Idaho, LLC
1JC6 paac-
qB teal "U, i�'avwycw�c�•a t -L) By:
rludlG Gam4;,11� \�unAc�e✓
CITY OF MERIDIAN ATTEST:
DEVELOPMENT AGREEMENT— OAKS WEST SUBDIVISION (H-2017-0170) PAGE 7 OF 9 E pages
S'9r�UreS
19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided, each party
shall act reasonably in giving any consent, approval, or taking any other action under this Agreement.
20. COOPERATION OF THE PARTIES: In the event of any legal or equitable action
or other proceeding instituted by any third party (including a governmental entity or official)
challenging the validity of any provision in this Agreement, the parties agree to cooperate in
defending such action or proceeding.
21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements,
agreements, condition and understandings between Owner and/or Developer and City relative to the
subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral
or written, express or implied, between Owner and/or Developer and City, other than as are stated
herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or
addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and
signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a
duly adopted ordinance or resolution of City.
21.1 No condition governing the uses and/or conditions governing re -zoning of the subject
Property herein provided for can be modified or amended without the approval of the
City Council after the City has conducted public hearing(s) in accordance with the
notice provisions provided for a zoning designation and/or amendment in force at the
time of the proposed amendment.
22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the
date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in
connection with the annexation and zoning of the Property and execution of the Mayor and City
Cleric.
[end of text; signatures, acknowledgements, and Exhibits A and B follow]
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement and made
it effective as hereinabove provided.
OWNER:
New Oaks, LLC
0-3
CITY OF MERIDIAN
DEVELOPER:
Hayden Homes Idal LC
— 9'—: By: No, 5 KM
ATTEST:
DEVELOPMENT AGREEMENT— OAKS WEs'r SUBDIVISION (H-2017-0170)
Meridian City Council Meeting Agenda April 24, 2018 — Page 435 of 717
PAGE 7 or 9
STATE OF
ss:
County of
AUGUST
0 01
0 cm
.3I�lo"Vko
U yF S� Col
)�� c�NTERo(t eT4a.
ty Clerk
On this day of , 2018, before me, the undersigned, a Notary Public in and for said State, personally
appeared , known or identified to me to be the of New
Oaks, LLC, 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.
(SEAL)
ORzIwo a
STATE OF 4t}ai7O )
• ss:
County offs)
A4-0 ched Cet4i&ce
Notary Public for
Residing at:
My Commission Expires:
On this day of APRIL. 2018, before me, the undersigned, a Notary Public in and for said State,
personally appeared JIM 5AiJSBtJA4 , known or identified to me to be the
VP r- IMA?4e_e of Hayden Homes Idaho, LLC, and acknowledged to me that lie 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.
(SEAL) OFFICIAL STAMP
KRISTI LYNN DEXTER
NOTARY PUBLIC -OREGON
COMMISSION NO. 952242
MY COMMISSION EXPIRES JULY 19, 2020
STATE OF IDAHO
ss
County of Ada
o ar lic for - o 02E*1oA
Residing at: R.EDMo40r o9L
My Commission Expires: ZO
On this 2— _ day of APY1 2018, before me, a Notary Public, personally appeared
Oe &x4onand C.Jay Coles, know or identified to me to be the -M yar-and Clerk, respectively, of the City of COl.l.t-Vj
Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and Pre!!E16e A-•
acknowledged to me that such City executed the same.
•..ibi.W,TNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this
•�f f{�c tk a •e written.
OTAW-a! L
R� •yam•
U •
[\JO40 tj PU bhl - r a-Nl v
iDEVELOPMENT AGf EEJENT— OAKS WEST SUBDIVISION (H-2017-0170) PAGE 8 01- 9
lJf dA "" al -
Notary Public for Idaho T�
Residing
Commission expires anyo �'�U 2,25
DEVELOPMENT AGREEMENT— OAKS WEST SUBDIVISION (H-2017-0170) PAGE 9 OF 9
CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to
which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of Santa Barbara
On 13
POAbefore me, Martha C Chavez , Notary Public,
(Here insert name and title of the officer)
personally appeared I I I i I
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to
the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
MARTHA C. CHAVEZ
NotaryPublic- California
WITNESS my hand and official seal. z � s`ar Santa Barbara County >_
:J Commission # 2188200
^ ,, l �. - My Comm. Expires Apr 20, 2021
(Notary Seal)
Signature of Notary Public
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE ATTACHED DOCUMENT
(Title or destription or attached do ument)
(Title or description of attached document continued)
Number of Pages _�__ Document Date
(Additional information)
CAPACITY CLAIMED BY THE SIGNER
[❑ dividual (s)
Corporate Officer
Ma�►ag2�e
(Title) �—
❑ Partner(s)
❑ Attorney -in -Fact
❑ Trustee(s)
❑ Other
INSTRUCTIONS FOR COMPLETING THIS FORM
Any acknowledgment completed in California nest contain verbiage evacdy as
appears above in the notary section or a separate ackno4vledgmentform nnrst be
properly completed and attached to that document. Tire only exception is if a
document is to be recorded outside of California, In such instances, any alternative
acknowledgment verbiage as pray be printed on such a document so long as ,the
verbiage does not require the notary to do something that is illegal for a noteny in
California (i.e. certifying the authorized capacity of fire signer). Please check the
document carefully for proper notarial wording and attach this forms ifrequired
• State and County information must be the State and County where the document
signer(s) personally appeared before the notary public for acknowledgment.
• Date of notarization must be the date that the signer(s) personally appeared which
must also be the same date the acknowledgment is completed.
• The notary public must print his or her name as it appears within his or her
commission followed by a comma and then your title (notary public).
• Print the name(s) of document signer(s) who personally appear at the time of
notarization.
• Indicate the correct singular or plural forms by crossing off incorrect forms (i.e.
he/she/they is /are ) or circling the correct forms. Failure to correctly indicate this
information may lead to rejection of document recording.
• The notary seal impression must be clear and photographically reproducible.
Impression must not cover text or lines. If seal impression smudges, re -seal if a
sufficient area permits, otherwise complete a different acknowledgment form.
• Signature or the notary public must match the signature out file with the office of
the county clerk.
Additional information is not required but could help to ensure this
acknowledgment is not misused or attached to a different document.
Indicate title or type of attached document, number of pages and date.
Indicate the capacity claimed by the signer. If the claimed capacity is a
corporate officer, indicate the title (i.e. CEO, CFO, Secretary).
• Securely attach this document to the signed document
C2004-2015 ProTIA Signing Service, inc. —All Rights Reserved rnv<v.TheProtdnk,com — Nanomvide Notary Service
EXHIBIT A
Oaks West Subdivision H-2017-0170
Meridian City Council Meeting Agenda April 24, 2018 – Page 444 of 717
EXHIBIT A
Oaks West Subdivision H-2017-0170
Meridian City Council Meeting Agenda April 24, 2018 – Page 445 of 717
EXHIBIT A
Oaks West Subdivision H-2017-0170
Meridian City Council Meeting Agenda April 24, 2018 – Page 446 of 717
CITY OF MERIDIAN E IDIAN - FINDINGS OF FACT, CONCLUSIONS OF LAW
AND DECISION & ORDER
In the Matter of the Request for an Amendment to the Comprehensive Plan Future Land Use Map
to Change the Land Use Designation on 7.25+/- Acres of Land from Office to Medium Density
Residential; Development Agreement Modification to Amend the Conceptual Development Plan
Consistent with the Proposed Development; Rezone of 5.57 Acres of Land from the L -O to the R-8
Zoning District and 17.91 Acres of Land from the R-15 to the R-8 Zoning District; and
Preliminary Plat Consisting of (100) Single -Family Residential Building Lots, (20) Common Lots
and (2) Other Lots for a Well and Lift Station on 30.91 Acres of Land in the R-8 Zoning District, by
Hayden Homes Idaho, LLC.
Case No(s). H-2017-0170
For the City Council Hearing Date of. March 20, 2018 (Findings on April 3, 2018)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of March 20, 2018, incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of March 20, 2018, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of March 20, 2018,
incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of March 20, 2018, 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.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2017-0170 00, V,5 W C71_ -
I -
EXHIBIT B
Meridian City Council Meeting Agenda April 24, 2018 – Page 447 of 717
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.
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of March 20, 2018, 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 a Comprehensive Plan Map Amendment, Development Agreement
Modification, Rezone and Preliminary Plat is hereby approved per the provision in the Staff
Report for the hearing date of March 20, 2018, attached as Exhibit A.
D. Notice of Applicable Time Limits
Notice of Preliminary Plat Duration
Please take notice that approval of a preliminary plat, combined preliminary and final plat, or
short plat shall become null and void if the applicant fails to obtain the city engineer's signature
on the final plat within two (2) years of the approval of the preliminary plat or the combined
preliminary and final plat or short plat (UDC 11-613-7A).
In the event that the development of the preliminary plat is made in successive phases in an
orderly and reasonable manner, and conforms substantially to the approved preliminary plat,
such segments, if submitted within successive intervals of two (2) years, may be considered for
final approval without resubmission for preliminary plat approval (UDC 11-613-713).
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11 -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 1I -
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
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2017-0170 0C1KS$k -2-
Meridian City Council Meeting Agenda April 24, 2018 – Page 448 of 717
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
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 March 20, 2018
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2017-0170 oc)Ly g WeS- - 3 -
Meridian City Council Meeting Agenda April 24, 2018 – Page 449 of 717
r
By action of the City Council at its regular meeting held on the day of A Pri
2018.
l
COUNCIL PRESIDENT JOE BORTON VOTED
COUNCIL VICE PRESIDENT LUKE CAVENER VOTED
1
t
COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED /6
COUNCIL MEMBER TY PALMER VOTED
l/
ACOUNCILMEMBERTREGBERNTVOTED
l
COUNCIL MEMBER GENESIS M1LAM VOTED
MAYOR TAMMY de WEERD VOTED
TIE BREAKER)
Mayor T Weerd
GOPeDRPTED
AtiG`
d'
i
Attest:
0kVor w
IDIfo
City Clerk
Copy served upon Applicant, Community Development Department, Public Works Department and City
Attorney.
By:_NA W Dated: V U
City Clerk's Office
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2017-0170 WV. -5 We,5}- - 4 -
Meridian City Council Meeting Agenda April 24, 2018 – Page 450 of 717
EXHIBIT A
Oaks West Subdivision – CPAM, MDA, RZ, PP H-2017-0170 PAGE 1
STAFF REPORT
Hearing Date: March 20, 2018
TO: Mayor & City Council
FROM: Sonya Allen, Associate City Planner
208-884-5533
Bruce Freckleton, Development Services Manager
208-887-2211
SUBJECT: Oaks West Subdivision – CPAM, MDA, RZ, PP (H-2017-0170)
I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST
The applicant, Hayden Homes Idaho, LLC, has submitted an application for the following:
Amendment to the Comprehensive Plan Future Land Use Map (CPAM) to change the land
use designation on 7.25+/- acres of land from Office to Medium Density Residential (MDR);
Development agreement modification (MDA) to amend the conceptual development plan
consistent with the proposed development;
Rezone (RZ) of 5.57 acres of land from the L-O to the R-8 zoning district; and 17.91 acres of
land from the R-15 to the R-8 zoning district; and,
Preliminary plat (PP) consisting of 100 single-family residential building lots, 20 common
lots and 2 other lots for a well & lift station on 30.91 acres of land in the R-8 zoning district.
See Section IX of the staff report for more information.
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 February 15, 2018. At the
public hearing, the Commission moved to recommend approval of the subject CPAM, RZ and
PP requests.
a. Summary of Commission Public Hearing:
i. In favor: Becky McKay, Engineering Solutions
ii. In opposition: None
iii. Commenting: None
iv. Written testimony: Becky McKay, Engineering Solutions
v. Staff presenting application: Sonya Allen
vi. Other staff commenting on application: Bill Parsons
b. Key issue(s) of Public Testimony:
i. None
c. Key Issues of Discussion by Commission:
i. Changes to McDermott Rd. with the extension of SH-16 and the future overpass on
McMillan Rd.;
ii. The collector street through the site;
iii. If this site is a good location for residential uses because of the overpass planned on
McMillan Rd. and associated traffic and noise; or ifit should be commercial because of
the proximity of the future extension of SH-16;
Meridian City Council Meeting Agenda April 3, 2018 – Page 72 of 396Meridian City Council Meeting Agenda April 24, 2018 – Page 451 of 717
EXHIBIT A
Oaks West Subdivision – CPAM, MDA, RZ, PP H-2017-0170 PAGE 2
iv. Would like to see more usable common area provided centrally within the development
with a nice amenity.
d. Commission Change(s) to Staff Recommendation:
i. Modification to condition #2.1.3 as requested by Staff (see Exhibit B).
ii. Delete DA provision #1.1c and associated condition #1.2.3, which required all of the
street buffer landscaping and sidewalk adjacent to McMillan and McDermott Roads to
be constructed with the first phase of development; this will allow these improvements
to be constructed with each phase of development.
iii. Delete the last sentence in DA provision #1.1e and associated condition #1.2.1b, which
requires right-of-way for the future overpass to be depicted on the plat in a separate
common lot for dedication purposes.
iv. Delete condition #1.2.10 that required noise abatement as McMillan Rd. and the future
overpass is not a state highway and thus, does not require noise abatement.
e. Outstanding Issue(s) for City Council:
i. Park’s Dept. staff requests the following change to condition #6.8 in Exhibit B: “The 10’
multi-use pathway (dedicated 14’ easement) shall extend north from the Five Mile Creek
pathway within the street buffer along N. McDermott Road to McMillan Road and east
within the street buffer along W. McMillan Road for access to the future overpass. The
pathway may be constructed instead of the sidewalk if allowed by ACHD.”
ii. The Commission requested the applicant identify 2 building lots in phase 2 that can be
converted to open space.
The Meridian City Council heard these items on March 20, 2018. At the public hearing, the
Council approved the subject CPAM, MDA, RZ and PP requests.
a. Summary of City Council Public Hearing:
i. In favor: Becky McKay, Engineering Solutions; Tim Mokwa, Hayden Homes
ii. In opposition: None
iii. Commenting: None
iv. Written testimony: None
v. Staff presenting application: Sonya Allen
vi. Other staff commenting on application: Mark Niemeyer
b. Key issue(s) of Public Testimony:
i. None
c. Key Issues of Discussion by Council:
i. Noise abatement along west side of property adjacent to the future extension of SH-16;
ii. The proximity of the access proposed via McMillan Rd. in relation to the overpass
planned on McMillan Rd.;
iii. Future construction of the SH-16 extension off-site to the west, the future overpass on
McMillan Rd. and the bypass plan for McDermott Rd.; and,
iv. Making future home buyers aware of the future extension of SH-16 and associated
overpass on McMillan Rd.
v. Provision of additional landscaping within the street buffer along N. McDermott Rd. to
buffer the future extension of SH-16.
d. Key Council Changes to Commission Recommendation
i. Modification to development agreement provision #1.1b and condition #6.8 in Exhibit B
to remove the requirement for the 10-foot wide multi-use pathway to extend east within
the street buffer along W. McMillan Rd.
ii. Require the provision of additional landscaping, including conifers, within the street
buffer along N. McDermott Rd. for sound mitigation as agreed upon by the applicant
see condition #1.2.2h).
Meridian City Council Meeting Agenda April 3, 2018 – Page 73 of 396Meridian City Council Meeting Agenda April 24, 2018 – Page 452 of 717
EXHIBIT A
Oaks West Subdivision – CPAM, MDA, RZ, PP H-2017-0170 PAGE 3
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Number H-2017-
0170, as presented in the staff report for the hearing date of March 20, 2018, with the following
modifications: (Add any proposed modifications).
Denial
After considering all staff, applicant and public testimony, I move to deny File Number H-2017-0170,
as presented during the hearing on March 20, 2018, for the following reasons: (You should state
specific reasons for denial)
Continuance
I move to continue File Number H-2017-0170 to the hearing date of (insert continued hearing date
here) for the following reason(s): (You should state specific reason(s) for continuance.)
IV. APPLICATION AND PROPERTY FACTS
A. Site Address/Location:
The site is located at the southeast corner of N. McDermott Rd. and W. McMillan Rd., in the NW
of Section 33, Township 4N., Range 1W.
Parcel Number: S0433223010
B. Owner(s):
New Oaks, LLC
5662 Calle Real #254
Goleta, CA 93117
C. Applicant:
Hayden Homes Idaho, LLC
1406 N. Main Street, Suite 109
Meridian, ID 83642
D. Representative:
Becky McKay, Engineering Solutions, LLP
1029 N. Rosario Street, Suite 100
Meridian, Idaho 83642
E. Applicant’s Statement/Justification: Please see applicant’s narrative for this information.
V. PROCESS FACTS
A. The subject application is for an amendment to the Comprehensive Plan Future Land Use Map,
development agreement medication, rezone and preliminary plat. A public hearing is required
before the Planning & Zoning Commission and City Council on all of these applications except
for the development agreement modification, which only requires Council approval, consistent
with Meridian City Code Title 11, Chapter 5.
B. Newspaper notifications published on: January 26, 2018 (Commission); March 2, 2018 (City
Council)
C. Radius notices mailed to properties within 300 feet on: January 22, 2018 (Commission); February
23, 2018 (City Council)
Meridian City Council Meeting Agenda April 3, 2018 – Page 74 of 396Meridian City Council Meeting Agenda April 24, 2018 – Page 453 of 717
EXHIBIT A
Oaks West Subdivision – CPAM, MDA, RZ, PP H-2017-0170 PAGE 4
D. Applicant posted notice on site(s) on: February 5, 2018 (Commission); March 10, 2018 (City
Council)
VI. LAND USE
A. Existing Land Use(s) and Zoning: A City well and lift station exists on a portion of this site; the
remaining area consists of undeveloped agricultural land, zoned R-8, R-15 and L-O.
B. Character of Surrounding Area and Adjacent Land Use and Zoning:
1. North: Land approved for single-family residential properties in Oaks North Subdivision,
zoned R-4 and R-8
2. East: Single-family residential properties in the development process in Oaks South
Subdivision, zoned R-4 and R-8
3. South: Land approved for single-family residential properties in Aegean Subdivision, zoned
R-4 and R-8
4. West: N. McDermott Road; rural residential property, zoned RUT in Ada County
C. History of Previous Actions:
In 2008, this property was annexed and zoned (AZ-08-004) with the R-8 and R-15 zoning
districts with the Oak Creek (aka The Oaks) development application and included in the
development agreement (Instrument No. 109009629).
In 2013, the then R-8 zoned portion of the site was rezoned to L-O and R-15; and the
northern portion of the then R-15 zoned area was rezoned to R-8 (RZ-13-008). A
development agreement modification (MDA-13-015) was approved that replaced the
development agreement (Instrument No. 109009629) recorded for the Oak Creek
development that was recorded as Instrument No. 114030972. The conceptual development
plan approved for this site depicted a Western Ada Recreation District park, fire station,
office and multi-family uses.
The L-O zoning was approved based on Council’s approval of the applicant’s request to
float” the Office future land use map designation from near the mid-mile on the south side
of McMillan Road to the subject property without an amendment to the FLUM. Medium-
density residential uses were then approved for the former Office designated area.
Since 2013, the Western Ada Recreation District has determined that it’s not in their budget
to develop a park on this site and the City has determined there is not a need for a
neighborhood park in this area. The Fire Department found a better location for a
determined that this site wasn’t the best location for a fire station and no longer needs a fire
station on this site.
In 2017, a Certificate of Zoning Compliance and Design Review application (A-2016-0323)
was approved for the construction of a 900 square foot building housing a pump for City
Well #29.
D. Utilities:
1. Public Works:
a. Location of sewer: A sanitary sewer main intended to provide service to the subject site
currently exists in W. Quintale Drive. Service is via a lift station that is located within
this proposed development.
b. Location of water: A water main intended to provide service to the subject site currently
exists in W. Quintale Drive and in W. McMillan Road.
Meridian City Council Meeting Agenda April 3, 2018 – Page 75 of 396Meridian City Council Meeting Agenda April 24, 2018 – Page 454 of 717
EXHIBIT A
Oaks West Subdivision – CPAM, MDA, RZ, PP H-2017-0170 PAGE 5
c. Issues or concerns: Applicant shall be responsible for the extension of utilities to and
through the proposed development, including the water mainline extension along the
project frontage in W. McMillan and McDermott Roads from W. Quintale Drive to the
south boundary line extended.
E. Physical Features:
1. Canals/Ditches Irrigation: There are no major waterways that cross this site. The Five Mile
Creek runs off-site along the south boundary.
2. Hazards: Staff is not aware of any hazards that exist on this property.
3. Flood Plain: A portion of this site along the southern boundary is located within the Meridian
Floodplain Overlay District.
VII. COMPREHENSIVE PLAN POLICIES AND GOALS
The Comprehensive Plan Future Land Use Map (FLUM) designates the property that is subject to the
proposed preliminary plat 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 Comprehensive Plan FLUM designates the property to the east that is subject to the proposed
map amendment as Office (see Exhibit A.2). Office designations provide opportunities for low-
impact business areas. These would include offices, technology and resource centers; ancillary
commercial uses may be considered (particularly within research and development centers or
technological parks).
As noted above in Section VI.C above, when the northeast portion of this property was rezoned to L-
O (Limited Office) in 2013, the Council did so based on the applicant’s request to “float” the Office
designation from the east at the mid-mile to the subject property. Subsequently, medium density
single-family residential uses were developed on the former Office designated property. Because no
office uses are now proposed to develop on this site, staff requested the applicant apply for an
amendment to the FLUM to remove the Office designation from the map.
The applicant proposes to develop this 30.91 acre site with 100 single-family residential detached
homes at a gross density of 3.3 dwelling units per acre and a net density of 5.88 units per acre, which
although at the low end, is within the density desired in the MDR designation.
GOALS, OBJECTIVES, & ACTION ITEMS: Staff finds the following Comprehensive Plan policies to
be applicable to this application and apply to the proposed use of this property (staff analysis in
italics):
Support a variety of residential categories (low-, medium-, medium-high and high-density
single-family, multi-family, townhouses, duplexes, apartments, condominiums, etc.) for the
purpose of providing the City with a range of affordable housing opportunities.” (3.07.01E)
Medium density single-family residential detached homes are proposed on this site as
depicted on the preliminary plat in Exhibit A.4; staff is unaware how “affordable” the units
will be.
Review new development for appropriate opportunities to connect local roads and collectors
to adjacent properties (stub streets).” (3.03.02O)
A stub street (i.e. W. Quintale Dr.) exists to this site at the east boundary and will be extended
with development.
Require pedestrian access connectors in all new development to link subdivisions
Meridian City Council Meeting Agenda April 3, 2018 – Page 76 of 396Meridian City Council Meeting Agenda April 24, 2018 – Page 455 of 717
EXHIBIT A
Oaks West Subdivision – CPAM, MDA, RZ, PP H-2017-0170 PAGE 6
together to promote neighborhood connectivity as part of a community pathway system.”
3.03.03B)
A segment of the City’s multi-use pathway system is required to be constructed along the
south boundary of this site; a pedestrian connection is proposed to this pathway from the
proposed development, which will promote neighborhood connectivity.
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)
This property is contiguous to land that has been annexed into the City. Urban services can
be provided to this property upon development.
Consider the adopted COMPASS regional long-range transportation plan in all land-use
decisions.” (3.03.02G)
COMPASS submitted the following recommendation:
Consider ACHD’s Master Street Map (MSM) in all land use decisions.” (3.03.04K)
The MSM does not show any new arterial or collector roadways in this area. However,
Trident Ave. and Quintale Dr. are proposed to be constructed as collector streets.
Develop pathways to connect Meridian with Boise, Nampa, Kuna and Eagle.” (6.01.02C)
The segment of pathway that will be constructed with this project along the south boundary
adjacent to the creek will contribute to the eventual pathway connections to adjacent cities.
Protect citizen investments in existing public facilities (water, sewer, streets, fire, police,
etc.) by encouraging controlled growth through development application reviews and
development agreements.” (3.04.01G)
The proposed project abuts an urban residential development to the east and will be well
served by the City.
Coordinate with ACHD, ITD, COMPASS, and other agencies to determine future
infrastructure plans, transportation corridors, highway alignments, etc. and allow only
compatible adjacent land uses, appropriate site designs and traffic patterns.” (3.06.02H)
The applicant should coordinate with ITD to determine future infrastructure plans for the
overpass planned on W. McMillan Rd.
Improve and protect creeks (Five Mile, Eight Mile, Nine Mile, Ten Mile, South Slough, and
Jackson and Evans drainages) throughout commercial, industrial and residential areas.”
5.01.01E).
The Five Mile Creek runs along the south boundary of this site and should be left open and
not be piped and should be protected during development.
Meridian City Council Meeting Agenda April 3, 2018 – Page 77 of 396Meridian City Council Meeting Agenda April 24, 2018 – Page 456 of 717
EXHIBIT A
Oaks West Subdivision – CPAM, MDA, RZ, PP H-2017-0170 PAGE 7
STATE REQUIRED COMPREHENSIVE PLAN ANALYSIS
Idaho’s counties and cities are required by law, Idaho Code 67-6508, to prepare, implement, review,
and update a comprehensive plan which outlines goals and policies for land use. Fourteen elements
which must be addressed in the plan are listed in the Code. It is the detailed ordinances that then spell
out how these policies are to be achieved.
The order in which the following policies are presented implies no order or priority. The following
analysis is based on the area currently depicted as Office on the FLUM:
a. Property Rights
The purpose of this element is to ensure that the land use policies, restrictions, conditions, and
fees do not unconstitutionally violate private property rights, and establish a consistent review
process that enable the City to ensure that any proposed actions will not result in an
unconstitutional taking of private property without due process of law. Staff finds that the
requested Comprehensive Plan Land Use Map change would not unconstitutionally violate
private property rights. A neighborhood meeting was held on December 7, 2017 of which three
people attended (see sign-up sheet included in application).
b. Population
The City of Meridian must ensure that population growth is accommodated in an orderly pattern.
Developments must be easily served by City infrastructure and public services. Necessary
services are currently available to the subject site and should still be available upon development
of the site.
c. School Facilities and Transportation
The purpose of this element is to direct new residential development to areas with adequate
school facilities and student transportation. The existing development on this site contains
approximately 17 residential homes. The school district did not submit comments on this
application; therefore, staff is unaware how these new homes have affected existing school
facilities and student transportation.
d. Economic Development
Meridian’s economic base has been gradually shifting over the last 20 years from a farming-based
economy to a retail, service, and manufacturing-based economy. During this time, local policy
with regard to the types of lands needed to support the economic and employment needs of the
community has also changed. The Comprehensive Plan forecasts the need to continually adjust
the provision of commercial lands in order to gradually broaden economic opportunity throughout
the City.
e. Land Use
The Comprehensive Plan Future Land Use Map is a graphic representation of applicable policies
and goals of Meridian’s Comprehensive Plan. The Map has been prepared to identify suitable
areas for future residential, commercial, and industrial development. The Map is designed to be a
projection of growth patterns for the City. Therefore, the Map is to be used as a guide for
decisions regarding requests for land use changes.
The subject property is currently identified as appropriate for office uses; however, based on
Council’s previous approval to “float” the Office designation to the west, this property was
developed with medium density residential uses consistent with what the property to the west was
designated (i.e MDR).
Meridian City Council Meeting Agenda April 3, 2018 – Page 78 of 396Meridian City Council Meeting Agenda April 24, 2018 – Page 457 of 717
EXHIBIT A
Oaks West Subdivision – CPAM, MDA, RZ, PP H-2017-0170 PAGE 8
f. Natural Resources
The purpose of this element is to promote conservation of areas of natural significance, where
appropriate. Staff is not aware of any natural resources that exist on this site that would be
impacted by the proposed development.
g. Hazardous Areas
The purpose of this element is to ensure regulation of development in hazardous areas, such as
floodplains, unstable slopes, etc. Staff is unaware of any hazardous areas on this site.
h. Public Services, Facilities, and Utilities
City water and sewer service is available to the subject property and will be extended with
development by the developer.
i. Transportation
The purpose of this element is to promote an efficient and safe transportation system within the
City. The existing traffic corridors (i.e. W. McMillan, N. Black Cat and N. McDermott Roads)
should provide efficient and safe transportation to and from the development.
j. Recreation
Recreation resources within Meridian include 21 developed City parks totaling approximately
274 acres. The City is in the process of developing new park facilities. The City also maintains
several pathways. This specific site is not formally designated for recreational purposes but there
is a park designation on the FLUM within this section to the south of this property; however, the
City Park’s Department has determined a park isn’t needed in this area. The site is located within
a couple of miles of neighborhood parks such as Seasons Park, Keith Bird Legacy Park, and Reta
Huskey Park.
k. Special Areas or Sites
The subject amendment does not directly impact any lands designated for open space, natural
resources, or scenic areas, nor does the parcel contain any known significant or sensitive natural
resources.
l. Housing
The City of Meridian is charged with ensuring an adequate and attractive living environment
which meets the needs of City residents of different ages, family sizes, lifestyles, and income
levels. To accomplish this, the plan identifies areas appropriate for residential development and
areas not appropriate. This site is designated for office uses but residential uses have developed
on the site based on Council’s previous decision to “float” the Office designation to the west to
property that was designated MDR; the MDR designation in turn “floated” to the east to the
subject property.
m. Community Design
The purpose of this element is to ensure a pattern of planned growth resulting in orderly and
attractive developments within the City of Meridian. Single-family residential housing has been
constructed on this site in place of office uses as originally planned. Staff finds the residential
uses are compatible with adjacent uses and are appropriate for this area.
n. Agriculture
The subject amendment does not impact areas being used for farming activities.
Meridian City Council Meeting Agenda April 3, 2018 – Page 79 of 396Meridian City Council Meeting Agenda April 24, 2018 – Page 458 of 717
EXHIBIT A
Oaks West Subdivision – CPAM, MDA, RZ, PP H-2017-0170 PAGE 9
o. Implementation
The City provides the necessary staff and facilities to administer and enforce the policies and
goals of the Comprehensive Plan. The City of Meridian Planning Division will administer the
Comprehensive Plan and its policies through the Unified Development Code. The Planning &
Zoning Commission is also authorized by the Council to review, approve and make
recommendations on proposals affecting the public’s interest in land use. The City Council is the
ultimate decision making authority on most land use applications.
p. National Interest Electric Transmission Corridors
This site is not designated for a high-voltage transmission line corridor.
q. Public Airport Facilities
This site is not designated for a public airport facility.
VIII. UNIFIED DEVELOPMENT CODE (UDC)
A. Purpose Statement of Zoning District(s):
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 (UDC 11-2A-1).
B. Schedule of Use:
1. UDC Table 11-2A-2 lists the principal permitted (P), accessory (A), conditional (C), and
prohibited (-) uses in the R-8 zoning district. Any use not explicitly listed is prohibited.
C. Dimensional Standards: Development of the site should be consistent with the dimensional
standards listed in UDC Table 11-2A-6 for the R-8 zoning district.
D. Landscaping: Landscaping is required within street buffers in accord with the standards listed in
UDC 11-3B-7C; and within common areas in accord with the standards listed in 11-3G-3E.
E. Off-Street Parking: NA (not required or reviewed with the subject application)
IX. ANALYSIS
Analysis of Facts Leading to Staff Recommendation:
A. COMPREHENSIVE PLAN MAP AMENDMENT (CPAM):
The applicant proposes to amend the FLUM contained in the Comprehensive Plan to change the
land use designation on 7.25+/- acres of land from Office to Medium Density Residential (MDR).
The proposed amendment will update the FLUM to reflect what is actually developed on the site
in accord with the Council’s previous decision to “float” the Office designation to the west and
the MDR designation to the east to the subject property. Now that Office uses are not proposed to
develop on the site where the Office designation was floated and residential uses were developed
on the property where the Office designation was originally, the map should be updated
accordingly as proposed.
For the reasons stated in Section VII above, Staff is in support of the applicant’s request.
Meridian City Council Meeting Agenda April 3, 2018 – Page 80 of 396Meridian City Council Meeting Agenda April 24, 2018 – Page 459 of 717
EXHIBIT A
Oaks West Subdivision – CPAM, MDA, RZ, PP H-2017-0170 PAGE 10
B. DEVELOPMENT AGREEMENT MODIFICATION (MDA):
A modification to the existing Development Agreement (DA) is proposed to remove the subject
property from The Oaks South development agreement (Inst. #109009629); and draft a new DA
for the subject property with the current property owner and developer which has changed since
the original agreement.
The concept plan included in the existing DA for this site depicts a park, fire station, office and
multi-family development, which is no longer proposed (see Exhibit A.3). The applicant instead
proposes to construct 100 single-family homes, a lift station, and a well on this property as
depicted on the preliminary plat included in Exhibit A.4. The proposed development is consistent
with the FLUM designation of MDR and density for this site as discussed above in Section VII.
C. REZONE (RZ):
A rezone (RZ) of 5.57 acres of land from the L-O to the R-8 zoning district; and 17.91 acres of
land from the R-15 to the R-8 zoning district is proposed consistent with the MDR FLUM
designation as discussed above in Section VII.
The legal description submitted with the application, included in Exhibit C, shows the boundaries
of the property proposed to be rezoned. The property is within the City’s 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. To ensure the site develops as proposed and recommended
by staff with this application and in accord with the Comprehensive Plan, staff recommends
a DA is required as a provision of the rezone containing the provisions included in Exhibit
B.
D. PRELIMINARY PLAT (PP):
The applicant proposes a Preliminary plat (PP) consisting of 100 single-family residential
building lots, 20 common lots and 2 other lots for the existing well (#29) & lift station on 30.91
acres of land in the R-8 zoning district. Proposed lots range in size from 5,250 to 10,940 square
feet with an average lot size of 7,410 square feet. The subdivision is proposed to develop in two
2) phases with the portion south of W. Quintale Dr. developing first.
Existing Structures: A City lift station and well house (#29) exist on this site.
Dimensional Standards: The proposed plat and subsequent development is required to comply
with the dimensional standards listed in UDC Table 11-2A-6 for the R-8 zoning district; and 11-
6C-3 Subdivision Design & Improvement Standards. All of the proposed lots comply with the
minimum standards.
Access: Access to streets is required to comply with the standards listed in UDC 11-3A-3.
The preliminary plat depicts one (1) access via W. McMillan Rd. and one (1) access via N.
McDermott Rd. (see Exhibit A.4). A stub street (W. Quintale Dr.) exists at the east boundary of
this site that is proposed to be extended with development.
An access was approved with the Certificate of Zoning Compliance (A-2016-0323) for the well
lot on Lot 6, Block 1 via W. Quintale Drive; the proposed plat depicts an access via N.
McDermott Rd. and no access via Quintale. The access via McDermott should only be temporary
until Quintale is constructed; at that time, the access via McDermott should be removed. An
access via N. McDermott Rd. is proposed for the lift station on Lot 7, Block 1.
Meridian City Council Meeting Agenda April 3, 2018 – Page 81 of 396Meridian City Council Meeting Agenda April 24, 2018 – Page 460 of 717
EXHIBIT A
Oaks West Subdivision – CPAM, MDA, RZ, PP H-2017-0170 PAGE 11
Common Driveways: Common driveways are required to comply with the standards listed in
UDC 11-6C-3D. There are several common driveways proposed within this development.
Common driveways are required to be straight or provide a twenty eight foot (28') inside and
forty eight foot (48') outside turning radius. All properties that abut a common driveway shall
take access from the driveway; however, if an abutting property has the required minimum
street frontage, that property is not required to take access from the common driveway. In
this situation, the abutting property's driveway shall be on the opposite side of the shared
property line; away from the common driveway. Solid fencing adjacent to common
driveways shall be prohibited, unless separated by a minimum five foot (5') wide
landscaped buffer.
For any plats using a common driveway, the setbacks, fencing, building envelope, and
orientation of the lots and structures shall be shown on the preliminary plat and/or as an
exhibit with the final plat application.
A perpetual ingress/egress easement 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.
Traffic Impact Study (TIS): A TIS was not required by ACHD for this development. A TIS for
the Oaks South and North developments was approved by ACHD in 2013.
Transportation: The future State Highway 16 is planned to be extended 300’+/- to the west of
McDermott Road north/south between SH 20-26 ( Chinden Blvd.) and I-84. An overpass is
planned on W. McMillan Road with the extension of SH 16 along the north boundary of this site.
Additional right-of-way will need to be dedicated for the future construction of the overpass
to include the associated toe of bank and should be depicted on the plat based on the Idaho
Transportation Department’s latest plans. A report/letter has not yet been received from
ITD in response to this application; therefore, staff is unaware how the future overpa ss will
effect development of this site. Staff is concerned that the overpass will negatively affect
future adjacent residents. Previously, a park and office uses were planned adjacent to the
north boundary which would be affected less than residential uses. Staff recommends a
provision is included in the DA that the developer disclose to future homeowners the future
plans for this area in relation to the extension of SH-16 and the overpass on McMillan Rd.
The applicant’s narrative states that W. Quintale Dr. and N. Trident Ave. will function as a loop
collector road allowing for a bypass for McDermott Rd. in the future when the second phase of
the SH 16 extension is constructed.
City Well Lot & Lift Station Lot: Staff recommends that within thirty (30) days of the final plat
for Phase I being recorded, the developer dedicate Lots 6 (well #29) and 7 (lift station), Block 1
to the City.
Landscaping: Landscaping is required to be provided on the site as set forth in UDC Table 11-
2A-6 and should be landscaped in accord with the standards listed in UDC 11-3B-7C for street
buffers and 11-3G-3E for common area.
A 35-foot wide street buffer is required along N. McDermott Rd., an entryway corridor; a 25-foot
wide buffer is required along W. McMillan Rd., an arterial street; and a 20-foot wide buffer is
required along W. Quintale Dr. and N. Trident Ave., both collector streets, as set forth in UDC
Table 11-2A-6 for the R-8 district, landscaped in accord with the standards listed in UDC 11-3B-
7C.
The plat and landscape plan need to be revised to reflect the required street buffer outside
of the toe of the slope and right-of-way associated with the overpass. A separate common lot
Meridian City Council Meeting Agenda April 3, 2018 – Page 82 of 396Meridian City Council Meeting Agenda April 24, 2018 – Page 461 of 717
EXHIBIT A
Oaks West Subdivision – CPAM, MDA, RZ, PP H-2017-0170 PAGE 12
for future right-of-way dedication for the SH-16 overpass on W. McMillan Rd. should be
depicted on the plat and landscape plan.
Parkways: Parkways are required to comply with the standards listed in UDC 11-3A-17E. Eight-
foot wide parkways are proposed along all internal streets with landscaping; calculations that
demonstrate compliance with the standards listed in UDC 11-3A-17E should be included on
the plan.
Open Space: A minimum of 10% (or 3.1 acres) qualified open space is required to be provided
on this site per UDC 11-3G-3A.1 in accord with the standards listed in UDC 11-3G-3B.
A total of 5.28 acres (or 17.08%) is proposed per the Open Space Location Map in Exhibit
A.6; however, some of the area counted does not qualify toward the minimum requirements
the exhibit map should be revised to only include the areas allowed in UDC 11-3G-3B. The
following areas that were counted do not qualify:
the drainage area on Lot 19, Block 1 can only count if the drainage area is designed
in accord with the standards listed in UDC 11-3B-11 (it doesn’t appear to comply
with those standards);
the common area on Lot 15, Block 5 doesn’t meet the minimum area requirements
although the parkway area can be counted ifit complies with the standards listed in
UDC 11-3A-17E;
the street buffer shown along W. McMillan Rd. is incorrect (it includes future right-
of-way area where the toe of the slope for the overpass will be located)
There is not a lot of consolidated open space for gathering within this development,
especially with one large area encompassed by a drainage facility (i.e. Lot 19, Block 1); staff
recommends the applicant look at ways to create more consolidated open space.
Site Amenities: A minimum of one qualified site amenity that meets the requirements listed in
UDC 11-3G-3C is required to be provided within this development. A segment of the City’s
multi-use pathway system is proposed along the south boundary of the site adjacent to the Five
Mile Creek in accord with the Pathways Master Plan; internal micro-paths and a fitness station
are proposed as amenities for the site. A detail of the fitness station should be submitted with
the final plat application.
The proposed development is to be included in the existing homeowner’s association for the Oaks
South development to the east and will utilize the open space (15.15%) and amenities (swimming
pool, a central park area with playground equipment, a picnic shelter, multi-use pathway along
the creek and smaller pocket parks) installed with that development.
Pathways: The Pathways Master Plan depicts a 10-foot wide multi-use pathway along the
southern boundary of this site adjacent to the Five Mile Creek. The pathway is required to be
placed within a 14-foot wide public pedestrian easement; an easement should be submitted
to the Planning Division prior to City Engineer signature on the final plat. The applicant
should coordinate with Kim Warren, Park’s Department Pathways Project Manager (208-888-
3579), regarding specifications for the pathway.
Because the future extension of SH-16, approximately 300’ to the west of this site, will
prohibit the continuous extension of the multi-use pathway along the Five Mile Creek, staff
recommends a 10-foot wide pathway connection is provided to the north to the future
overpass within the street buffer along N. McDermott Rd. to Quintale, then east to Trident
and north to McMillan to the future overpass.
Meridian City Council Meeting Agenda April 3, 2018 – Page 83 of 396Meridian City Council Meeting Agenda April 24, 2018 – Page 462 of 717
EXHIBIT A
Oaks West Subdivision – CPAM, MDA, RZ, PP H-2017-0170 PAGE 13
Sidewalks: Sidewalks are required to be provided with development in accord with the standards
listed in UDC 11-3A-17. Detached sidewalks are proposed along all internal streets as well as
adjacent to collector and arterial streets as required.
Waterways: The Five Mile Creek runs off-site along the south boundary of this site and is
required to be left open as a natural waterway and not be piped or otherwise covered in accord
with the Comprehensive Plan and UDC 11-3A-6. This waterway should be protected during
construction.
Fencing: All fencing is required to comply with the standards listed in UDC 11-3A-7. Four-foot
tall vinyl lattice fence is proposed along the south boundary of the site adjacent to the Five Mile
Creek and adjacent to the internal common area and micro-paths on Lot 1, Block 3. A solid 6-foot
tall vinyl fence is proposed at the back edge of the street buffers along N. McDermott Rd., W.
McMillan Rd., N. Trident Ave., and W. Quintale Dr. A 6-foot tall vinyl fence exists along the
east boundary of the site that was constructed with the adjacent development.
Noise Abatement: Traffic noise abatement is required for residential uses adjoining state
highways (i.e. future SH 16) in accord with the standards listed in UDC 11-3H-4D. A detail
for the proposed noise abatement that complies with these standards should be submitted
prior to the City Council meeting.
Utilities: Street lights are required to be installed along public streets adjacent to the
development in accord with the City’s adopted standards, specifications and ordinances.
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. Adequate fire protection shall be
required in accord with the appropriate fire district standards.
Pressurized Irrigation: An underground pressurized irrigation system is required to be provided
for the development in accord with UDC 11-3A-15 as proposed and will be served by the
Settler’s Irrigation district. The Oaks South Homeowner’s Association will own and maintain the
system.
Storm Drainage: An adequate storm drainage system is required in all developments in accord
with the City’s adopted standards, specifications, and ordinances, per UDC 11-3A-18.
Floodplain: A portion of this site along the southern boundary is located 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.
Building Elevations: Photos of a variety of single-family residential detached homes were
submitted with this application that demonstrate what future homes within this development will
look like (see Exhibit A. 7).
Single-family detached units aren’t subject to design review standards in the Architectural
Standards Manual. However, because homes that back up to W. McMillan and N.
McDermott Roads, both arterial streets, and W. Quintale and N. Trident Ave., both
collector streets, will be highly visible, staff recommends the rear and/or side of structures
that face these streets, incorporate articulation through changes in two or more of the
following: modulation (e.g. projections, recesses, step-backs, pop-outs), bays, banding,
porches, balconies, material types, or other integrated architectural elements to break up
monotonous wall planes and roof lines that are visible from the subject public street. Single-
story structures are exempt from this requirement.
Meridian City Council Meeting Agenda April 3, 2018 – Page 84 of 396Meridian City Council Meeting Agenda April 24, 2018 – Page 463 of 717
EXHIBIT A
Oaks West Subdivision – CPAM, MDA, RZ, PP H-2017-0170 PAGE 14
X. EXHIBITS
A. Drawings/Other
1. Vicinity/Zoning Map
2. Existing and Proposed Future Land Use Map
3. Existing Conceptual Development Plan Included in Development Agreement
4. Preliminary Plat (dated: 12/19/2017 2/15/2018)
5. Landscape Plan (dated: 9/5/2017 3/20/2018)
6. Open Space Exhibit (dated: 2/9/2018 2/19/2018)
7. Conceptual Building Elevation Photos
B. Agency & Department Comments
C. Legal Description & Exhibit Map for Rezone Boundary
D. Required Findings from Unified Development Code
Meridian City Council Meeting Agenda April 3, 2018 – Page 85 of 396Meridian City Council Meeting Agenda April 24, 2018 – Page 464 of 717
EXHIBIT A
Exhibit A Page 1
A. Drawings/Other
Exhibit A.1: Zoning Map
Meridian City Council Meeting Agenda April 3, 2018 – Page 86 of 396Meridian City Council Meeting Agenda April 24, 2018 – Page 465 of 717
EXHIBIT A
2 -
Exhibit A.2: Existing and Proposed Future Land Use Map
Meridian City Council Meeting Agenda April 3, 2018 – Page 87 of 396Meridian City Council Meeting Agenda April 24, 2018 – Page 466 of 717
EXHIBIT A
3 -
Exhibit A.3: Existing Conceptual Development Plan Included in Development Agreement
Meridian City Council Meeting Agenda April 3, 2018 – Page 88 of 396Meridian City Council Meeting Agenda April 24, 2018 – Page 467 of 717
EXHIBIT A
4 -
Exhibit A.4: Preliminary Plat (dated: 12/19/2017 2/15/2018)
Meridian City Council Meeting Agenda April 3, 2018 – Page 89 of 396Meridian City Council Meeting Agenda April 24, 2018 – Page 468 of 717
EXHIBIT A
5 -
Exhibit A.5: Landscape Plan (dated: 12/18/2017 March 20, 2018)
Meridian City Council Meeting Agenda April 3, 2018 – Page 90 of 396Meridian City Council Meeting Agenda April 24, 2018 – Page 469 of 717
EXHIBIT A
6 -
Meridian City Council Meeting Agenda April 3, 2018 – Page 91 of 396Meridian City Council Meeting Agenda April 24, 2018 – Page 470 of 717
EXHIBIT A
7 -
Meridian City Council Meeting Agenda April 3, 2018 – Page 92 of 396Meridian City Council Meeting Agenda April 24, 2018 – Page 471 of 717
EXHIBIT A
8 -
Exhibit A.6: Open Space Exhibit (dated: 2/9/2018 2/19/2018)
Meridian City Council Meeting Agenda April 3, 2018 – Page 93 of 396Meridian City Council Meeting Agenda April 24, 2018 – Page 472 of 717
EXHIBIT A
9 -
Exhibit A.7: Conceptual Building Elevation Photos
Meridian City Council Meeting Agenda April 3, 2018 – Page 94 of 396Meridian City Council Meeting Agenda April 24, 2018 – Page 473 of 717
EXHIBIT A
10 -
Meridian City Council Meeting Agenda April 3, 2018 – Page 95 of 396Meridian City Council Meeting Agenda April 24, 2018 – Page 474 of 717
EXHIBIT A
11 -
B. EXHIBIT B - AGENCY & DEPARTMENT COMMENTS
1. PLANNING DEPARTMENT
1.1 A new Development Agreement (DA) is required as a provision of the rezone and development
agreement modification for this property between the City of Meridian, the property owner(s) and
the developer.
Currently, a fee of $303.00 shall be paid by the applicant to the Planning Division prior to
commencement of the new 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 approval of the DA
modification and the rezone ordinance approval. The DA shall, at minimum, incorporate the
following provisions:
a. Future development of this site shall substantially comply with the preliminary plat,
landscape plan and conceptual building elevation phots included in Exhibit A and the
conditions contained herein.
b. Provide a segment of the City’s 10-foot wide multi-use pathway along the Five Mile Creek
and north within the street buffer along N. McDermott Rd. to W. McMillan Rd. for access to
the future overpass in accord with the Pathways Master Plan. A 14-foot wide public
pedestrian easement for the pathway is required to be submitted to the Planning Division,
approved by City Council and recorded. The applicant shall coordinate with Kim Warren,
Park’s Department Pathways Project Manager (208-888-3579), regarding specifications for
the pathway.
c. A detached sidewalk and street buffer landscaping shall be constructed along the entire
frontage of the site along N. McDermott Road and W. McMillan Road with the first phase of
development.
d. The developer shall disclose to future homeowners that lie in close proximity to W. McMillan
Rd. on the north side of W. Quintale Drive the future plans for this area in regard to the
extension of SH-16 and the overpass on W. McMillan Rd.
e. The developer shall coordinate with the Idaho Transportation Department on the amount of
right-of-way necessary for construction of the future overpass on W. McMillan Road prior to
submittal of the final plat application for the second phase of development. Right-of-way for
the overpass project shall be depicted on the plat in a separate common lot for dedication
purposes.
f. Within thirty (30) days of the final plat for Phase I being recorded, the developer shall
dedicate Lots 6 (well #29) and 7 (lift station), Block 1 to the City of Meridian.
g. The access via N. McDermott Rd. for City well #29 shall be temporary until such time as W.
Quintale Drive is constructed; at that time, the access via McDermott shall be removed.
h. A 10-foot wide multi-use pathway is required to be constructed along the south boundary of
the site adjacent to the Five Mile Creek; and north from the pathway along the creek within
the street buffer along N. McDermott Rd. to Quintale; then east within the street buffer along
Quintale to Trident; and then north within the street buffer along Trident to W. McMillan Rd.
to the future overpass for a connection over the future SH-16.
1.2 Site Specific Conditions – Preliminary Plat
1.2.1 The preliminary plat included in Exhibit A.4, dated 12/19/2017, shall be revised as follows:
a. Depict the location of the toe of the slope/future right-of-way for the future overpass on W.
McMillan Road. The common lot for the street buffer needs to be outside of this area.
Meridian City Council Meeting Agenda April 3, 2018 – Page 96 of 396Meridian City Council Meeting Agenda April 24, 2018 – Page 475 of 717
EXHIBIT A
12 -
b. Include a separate common lot for future right-of-way dedication for the SH-16 overpass on
W. McMillan Rd.
c. Depict an access easement via W. Quintale Dr. across the common lot for the City well on
Lot 6, Block 1; the existing access via McDermott shall be removed once access via Quintale
is available.
d. Depict an access easement via McDermott Rd. across the common lot for the City lift station
on Lot 7, Block 1
1.2.2 The landscape plan included in Exhibit A.5, dated 12/18/2017, shall be revised as follows:
a. The street buffer along W. McMillan Rd. needs to be located outside of the future right-of-
way/toe of the slope for the construction of the overpass on W. McMillan Rd.
b. Include calculations for parkways that demonstrate compliance with the standards listed in
UDC 11-3A-17E.
c. Depict the location of the proposed fitness station on the plan.
d. Revise the plan to coincide with revisions to the plat noted above in condition #1.2.1.
e. Depict an access via W. Quintale Drive for Lot 6, Block 1; the temporary access via N.
McDermott Rd. shall be removed once access via Quintale is available.
f. Future landscaping shall be depicted in the area where the temporary access via N.
McDermott Rd. is proposed for Lot 6, Block 1.
g. Depict the 10-foot wide pathways required within the street buffer along N. McDermott and
W. McMillan Roads to the future overpass.
h. Provide additional landscaping, including conifers, within the street buffer along N.
McDermott Rd. for sound mitigation from the future SH-16.
1.2.3 The entire street buffer and sidewalk along W. McMillan Road and N. McDermott Rd. shall be
constructed with the first phase of development.
1.2.4 A minimum of 10% (or 3.1 acres) qualified open space is required to be provided on this site per
UDC 11-3G-3A.1 in accord with the standards listed in UDC 11-3G-3B. The qualified open
space map in Exhibit A.6 shall be revised to only include qualified area. Submit a revised plan
prior to the City Council hearing that demonstrates compliance with the minimum
standards. Additionally, staff recommends more consolidated open space is provided.
1.2.4 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.
1.2.5 All fencing shall comply with the standards listed in UDC 11-3A-7.
1.2.6 Comply with the standards for common driveways listed in UDC 11-6C-3D, including but not
limited to the following:
a. For any plats using a common driveway, the setbacks, fencing, building envelope, and
orientation of the lots and structures shall be shown on the preliminary plat and/or as an
exhibit with the final plat application.
b. A perpetual ingress/egress easement 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.
1.2.7 Submit a detail of the proposed fitness station.
Meridian City Council Meeting Agenda April 3, 2018 – Page 97 of 396Meridian City Council Meeting Agenda April 24, 2018 – Page 476 of 717
EXHIBIT A
13 -
1.2.8 Submit a 14-foot wide public pedestrian easement to the Planning Division for the segment of the
multi-use pathway proposed along the southern boundary of this site adjacent to the Five Mile
Creek prior to City Engineer signature on the final plat.
1.2.9 The Five Mile Creek which runs off-site along the south boundary of this site is required to be left
open as a natural waterway and not be piped or otherwise covered and shall be protected during
construction in accord with the Comprehensive Plan and UDC 11-3A-6.
1.2.10 Traffic noise abatement is required for residential uses adjoining state highways (i.e. future SH
16) in accord with the standards listed in UDC 11-3H-4D. A detail/cross-section for the
proposed noise abatement (in relation to the future overpass) that complies with these
standards shall be submitted prior to the City Council meeting.
1.2.11 Homes that back up to W. McMillan and N. McDermott Roads, both arterial streets, and W.
Quintale and N. Trident Ave., both collector streets, shall incorporate articulation through
changes in two or more of the following: modulation (e.g. projections, recesses, step-backs, pop-
outs), bays, banding, porches, balconies, material types, or other integrated architectural elements
to break up monotonous wall planes and roof lines that are visible from the subject public street.
Single-story structures are exempt from this requirement.
1.3 General Conditions of Approval – Preliminary Plat
1.3.1 Comply with all bulk, use, and development standards of the applicable district listed in UDC
Chapter 2 District regulations.
1.3.2 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set
forth in UDC 11-3A-6.
1.3.3 Install lighting consistent with the provisions as set forth in UDC 11-3A-11.
1.3.4 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11-3A-
15, UDC 11-3B-6 and MCC 9-1-28.
1.3.5 Comply with the sidewalk standards as set forth in UDC 11-3A-17.
1.3.6 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-5J.
1.3.7 Construct all off-street parking areas consistent with the standards as set forth in UDC 11-3B-5I,
11-3B-8C, and Chapter 3 Article C.
1.3.8 Construct the required landscape buffers consistent with the standards as set forth in UDC 11-3B-
7C (streets).
1.3.9 Construct storm water integration facilities that meet the standards as set forth in UDC 11-3B-
11C.
1.3.10 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 11-3B-10.
1.3.11 Provide bicycle parking spaces as set forth in UDC 11-3C-6G consistent with the design
standards as set forth in UDC 11-3C-5C.
1.3.12 Comply with the outdoor service and equipment area standards as set forth in UDC 11-3A-12.
1.3.13 Construct all required landscape areas used for storm water integration consistent with the
standards as set forth in UDC 11-3B-11C.
1.3.14 Comply with the structure and site design standards, as set forth in UDC 11-3A-19 and the
guidelines set forth in the City of Meridian Standards Manual.
1.3.15 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle.
Meridian City Council Meeting Agenda April 3, 2018 – Page 98 of 396Meridian City Council Meeting Agenda April 24, 2018 – Page 477 of 717
EXHIBIT A
14 -
1.3.16 Low pressure sodium lighting shall be prohibited as an exterior lighting source on the site.
1.3.17 All fencing constructed on the site shall comply with the standards as set forth in UDC 11-3A-7
and 11-3A-6B as applicable.
1.4 Ongoing Conditions of Approval – Preliminary Plat
1.4.1 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.
1.5 Process Conditions of Approval – Preliminary Plat
1.5.1 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.
2. PUBLIC WORKS DEPARTMENT
2.1 Site Specific Conditions of Approval
2.1.1 A sanitary sewer main intended to provide service to the subject site currently exists in W.
Quintale Drive. Service is via a lift station that is located within this proposed development.
2.1.2 A water main intended to provide service to the subject site currently exists in W. Quintale Drive
and in W. McMillan and McDermott Roads. The seepage bed shown on W Quintale Drive north
of the City well lot is in the pipe zone for the existing water main coming from the well.
Recommend relocating this seepage bed to another location.
2.1.3 Applicant shall be responsible for the extension of utilities to and through the proposed
development, including the water mainline extension along the project frontage in McMillan
McDermott Road from W. Quintale Drive to the south boundary line extended.
2.1.4 A street light plan will need to be included in the final plat and/or building permit application.
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
2.1.5 A portion of this project 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.
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
Meridian City Council Meeting Agenda April 3, 2018 – Page 99 of 396Meridian City Council Meeting Agenda April 24, 2018 – Page 478 of 717
EXHIBIT A
15 -
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.
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.
Meridian City Council Meeting Agenda April 3, 2018 – Page 100 of 396Meridian City Council Meeting Agenda April 24, 2018 – Page 479 of 717
EXHIBIT A
16 -
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 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 comments on this application.
4. FIRE DEPARTMENT
4.1 One and two family dwellings not exceeding 3,600 square feet require a fire-flow of 1,000
gallons per minute for a duration of 2 hours to service the entire project. One and two family
dwellings in excess of 3,600 square feet require a minimum fire flow as specified in Appendix B
of the International Fire Code. Fire Hydrant spacing shall be provided as required by Appendix
C of the International Fire Code.
4.3 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department in accordance
with International Fire Code Section (IFC) 508.5.4 as follows:
a. Fire hydrants shall have the 4 ½” outlet face the main street or parking lot drive aisle.
b. Fire hydrants shall not face a street which does not have addresses on it.
c. Fire hydrant markers shall be provided per Public Works specifications.
Meridian City Council Meeting Agenda April 3, 2018 – Page 101 of 396Meridian City Council Meeting Agenda April 24, 2018 – Page 480 of 717
EXHIBIT A
17 -
d. Fire Hydrants shall be placed on corners when spacing permits.
e. Fire hydrants shall not have any vertical obstructions to outlets within 10’.
f. Fire hydrants shall be placed 18” above finished grade to the center of the 4 ½” outlets.
g. Fire hydrants shall be provided to meet the requirements of IFC Section 509.5.
h. Show all proposed or existing hydrants for all new construction or additions to existing
buildings within 1,000 feet of the project.
4.4 All entrances, internal roads, drive aisles, and alleys shall have a turning radius of 28’ inside and 48’
outside, per International Fire Code Section 503.2.4.
4.5 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 503.2.1.
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 constructionmaterial 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 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.
4.10 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.
4.11 Emergency response routes and fire lanes shall not be allowed to have traffic calming devices
installed without prior approval of the Fire Code Official. National Fire Protection Standard 1141,
Section A5.2.18.
4.12 Secondary emergency access routes shall be protected from illegal entry by a gate or
collapsible bollards as set forth in IFC 503.5. An example would be the MaxiForce Collapsible
bollards that is wrench activated or an approved equal.
5. REPUBLIC SERVICES
5.1 The applicant shall revise the landscape plan to include a concrete pad at the end of the common
drive 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. Please contact Bob
Olson at Republic Services (345-1265) for additional information.
6. PARKS DEPARTMENT
6.1 The applicant shall design and construct a multi-use pathway consistent with the location and
specifications (Chapter 3) set forth in the Meridian Pathways Master Plan unless otherwise approved
by the Parks and Recreation Director. The Master Plan requires a multi-use pathway along Five Mile
Creek for the length of the development.
6.2 Construct the pathway and adjoining fencing and landscaping consistent with the standards as set
forth in UDC 11-3A-7A7 and 11-3B-12C respectively.
Meridian City Council Meeting Agenda April 3, 2018 – Page 102 of 396Meridian City Council Meeting Agenda April 24, 2018 – Page 481 of 717
EXHIBIT A
18 -
6.3 Provide a paved, accessible pedestrian connection between the McDermott Road sidewalk and
the westernmost end of the Five Mile Creek Pathway
6.4 Prior to Certificate of Occupancy, the applicant shall record a public access easement for the multi-
use pathway(s) along Five Mile Creek and submit copy of said easement to the Planning
Department.
6.5 Prior to City Engineer signature on the final plat, the applicant shall depict a public access easement
for the multi-use pathway along Five Mile Creek, and [as needed] to connect to the McDermott Road
sidewalk on the final plat.
6.6 The applicant shall have an ongoing obligation to maintain all pathways.
6.7 Prior to Certificate of Occupancy, the applicant shall submit materials testing reports documenting
that construction of multi-use pathway complies with the City’s pathway design standards.
6.8 The 10’ multi-use pathway within a dedicated 14’ easement shall extend north from the Five Mile
Creek pathway within the street buffer along N. McDermott Road to W. Quintale Drive; then east
within the street buffer along W. Quintale Drive to N. Trident Dr.; and then north within the street
buffer along Trident to W. McMillan Road for access to the future overpass for access over future
SH-16. The pathway may be constructed instead of the sidewalks adjacent to streets if allowed by
ACHD.
7. ADA COUNTY HIGHWAY DISTRICT (ACHD) – DRAFT
7.1 Site Specific Conditions of Approval
7.1.1 Dedicate additional right-of-way to total 37-feet from centerline of McMillan Road abutting the
site.
7.1.2 Improve McMillan Road with 17-feet of pavement from centerline, a 3-foot gravel shoulder, a
borrow ditch and 5-foot wide detached sidewalk.
7.1.3 Dedicate additional right-of-way to total 37-feet from centerline of McDermott Road abutting the
site.
7.1.4 Construct McDermott Road as ½ of a 46-foot street section with vertical curb, gutter and 5-foot
wide detached sidewalk.
7.1.5 Provide a permanent easement for any public sidewalk placed outside of the dedicated right-of-
way on McMillan Road and McDermott Road. The easement shall encompass the entire area
between the right-of-way line and 2-feet behind the back edge of the sidewalk.
7.1.6 Construct the new north/south collector, Trident Avenue, located 200-feet west of the east
property line as a 36-foot street section with vertical curb, gutter, an 8-foot planter strip and 5-
foot wide detached concrete sidewalk within 50-feet of right-of-way. The right-of-way width can
be reduced to 2-feet behind the back of curb if the applicant constructs the detached sidewalk as
proposed.
7.1.7 Construct the new east/west collector, Quintale Drive, from the west property line to the east
property line as a 36-foot street section with vertical curb, gutter, an 8-foot planter strip and 5-
foot wide detached concrete sidewalk within 50-feet of right-of-way. The right-of-way width can
be reduced to 2-feet behind the back of curb if the applicant constructs the detached sidewalk as
proposed.
7.1.8 Construct Trident Avenue to intersect McMillan Road located approximately 918-feet east of
McDermott Road.
7.1.9 Construct Quintale Drive through the site to intersect McDermott Road located approximately
Meridian City Council Meeting Agenda April 3, 2018 – Page 103 of 396Meridian City Council Meeting Agenda April 24, 2018 – Page 482 of 717
EXHIBIT A
19 -
500-feet south of McMillan Road.
7.1.10 Provide a permanent easement for any public sidewalk placed outside of the dedicated right-of-
way on Trident Avenue and Quintale Drive. The easement shall encompass the entire area
between the right-of-way line and 2-feet behind the back edge of the sidewalk.
7.1.11 Construct all local internal streets as 33-foot street sections with curb, gutter, and an 8-foot wide
planter strip and 5-foot wide detached concrete sidewalk within 47-feet of right-of-way. The
right-of-way width can be reduced to 2-feet behind the back of curb if the applicant constructs the
detached sidewalk as proposed.
7.1.12 Construct the cul-de-sac at the terminus of Los Flores Court with a minimum turning radius of
45-feet.
7.1.13 Provide a permanent right-of-way easement for public sidewalks placed outside of the dedicated
right-of-way on the local streets. The easement shall encompass the entire area between the right-
of-way line and 2-feet behind the back edge of the sidewalk.
7.1.14 The two existing paved driveways from the site onto McDermott Road located approximately
690-feet and 770-feet from McMillan Road are to remain open.
7.1.15 Construct a 25-foot wide shared driveway onto Trident Avenue located approximately 220-feet
south of McMillan Road. Pave the driveway its full width and at least 30-feet into the site beyond
the edge of pavement of the roadway.
7.1.16 Direct lot access is prohibited to McMillan Road, McDermott Road, Trident Avenue and Quintale
Drive other than the access specifically approved with this application and shall be noted on the
final plat.
7.1.17 Payment of impact fees is due prior to issuance of a building permit.
7.1.18 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
borne by the developer.
7.2.7 It is the responsibility of the applicant to verify all existing utilities within the right -of-way. The
applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The
applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business days
Meridian City Council Meeting Agenda April 3, 2018 – Page 104 of 396Meridian City Council Meeting Agenda April 24, 2018 – Page 483 of 717
EXHIBIT A
20 -
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.
7.2.8 Utility street cuts in pavement less than five years old are not allowed unless approved in writing
by the District. Contact the District’s Utility Coordinator at 387-6258 (with file numbers) for
details.
7.2.9 All design and construction shall be in accordance with the ACHD Policy Manual, ISPWC
Standards and approved supplements, Construction Services procedures and all applicable ACHD
Standards unless specifically waived herein. An engineer registered in the State of Idaho shall
prepare and certify all improvement plans.
7.2.10 Construction, use and property development shall be in conformance with all applicable
requirements of ACHD prior to District approval for occupancy.
7.2.11 No change in the terms and conditions of this approval shall be valid unless they are in writing
and signed by the applicant or the applicant’s authorized representative and an authorized
representative of ACHD. The burden shall be upon the applicant to obtain written confirmation
of any change from ACHD.
7.2.12 If the site plan or use should change in the future, ACHD Planning Review will review the site
plan and may require additional improvements to the transportation system at that time. Any
change in the planned use of the property which is the subject of this application, shall require the
applicant to comply with ACHD Policy and Standard Conditions of Approval in place at that time
unless a waiver/variance of the requirements or other legal relief is granted by the ACHD
Commission.
8. IDAHO TRANSPORTATION DEPARTMENT (ITD)
From Letter to the City from ITD dated 2/15/18:
Meridian City Council Meeting Agenda April 3, 2018 – Page 105 of 396Meridian City Council Meeting Agenda April 24, 2018 – Page 484 of 717
EXHIBIT A
21 -
Exhibit C: Legal Description & Exhibit Map for Annexation & Zoning Boundary
Meridian City Council Meeting Agenda April 3, 2018 – Page 106 of 396Meridian City Council Meeting Agenda April 24, 2018 – Page 485 of 717
EXHIBIT A
22 -
Meridian City Council Meeting Agenda April 3, 2018 – Page 107 of 396Meridian City Council Meeting Agenda April 24, 2018 – Page 486 of 717
EXHIBIT A
23 -
Meridian City Council Meeting Agenda April 3, 2018 – Page 108 of 396Meridian City Council Meeting Agenda April 24, 2018 – Page 487 of 717
EXHIBIT A
24 -
D. Required Findings from Unified Development Code
1. COMPREHENSIVE PLAN AMENDMENT 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 amendment to the
Comprehensive Plan, the Council shall make the following findings:
a. The proposed amendment is consistent with the other elements of the Comprehensive
Plan.
The City Council finds that the proposed map amendment from Office to Medium Density
Residential is consistent with other elements of the Comprehensive Plan as noted in Section
VII above.
b. The proposed amendment provides an improved guide to future growth and
development of the city.
The City Council finds that the proposal to modify the Future Land Use Map to allow for
medium density residential uses will be compatible with existing abutting residential uses.
c. The proposed amendment is internally consistent with the Goals, Objectives and
Policies of the Comprehensive Plan.
The City Council finds that the proposed amendment is internally consistent with the Goals,
Objectives, and Policies of the Comprehensive Plan (see Section VII for detailed analysis).
d. The proposed amendment is consistent with the Unified Development Code.
The City Council finds that the proposed amendment is consistent with the Unified
Development Code.
e. The amendment will be compatible with existing and planned surrounding land uses.
The City Council finds the proposed amendment will be compatible with adjacent existing
and future residential uses.
f. The proposed amendment will not burden existing and planned service capabilities.
The City Council finds that the proposed amendment will not burden existing and planned
service capabilities in this area of the city. Sewer and water services are available to be
extended to this site.
g. The proposed map amendment (as applicable) provides a logical juxtaposition of uses
that allows sufficient area to mitigate any anticipated impact associated with the
development of the area.
The City Council finds the residential development of this property is consistent with the
proposed map amendment and will not significantly impact development in this area and
provides a logical juxtaposition of uses.
h. The proposed amendment is in the best interest of the City of Meridian.
For the reasons stated in Sections VII, VIII, and IX and the subject findings above, the City
Council finds that the proposed amendment is in the best interest of the City.
2. REZONE 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 a rezone, the
Council shall make the following findings:
Meridian City Council Meeting Agenda April 3, 2018 – Page 109 of 396Meridian City Council Meeting Agenda April 24, 2018 – Page 488 of 717
EXHIBIT A
25 -
a. The map amendment complies with the applicable provisions of the Comprehensive
Plan;
The City Council finds that the proposed map amendment to the R-8 zoning district is
consistent with the MDR FLUM designation for this site and should be compatible with
existing and future residential uses in the area. Therefore, the City Council finds the
amendment is consistent with the applicable provisions of the Comprehensive Plan (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 R-8 zoning district is consistent
with the purpose statement of the residential districts as detailed in Section VIII above.
c. The map amendment shall not be materially detrimental to the public health, safety,
and welfare;
The City Council finds that the proposed zoning amendment will not be detrimental to the
public health, safety, or welfare if the site is developed in accord with the conditions of
approval in Exhibit B. City utilities will be extended at the expense of the applicant.
d. The map amendment shall not result in an adverse impact upon the delivery of services
by any political subdivision providing public services within the City including, but not
limited to, school districts; and,
The City Council finds that the proposed zoning amendment will not result in any adverse
impact upon the delivery of services by any political subdivision providing services to this
site.
e. The annexation is in the best of interest of the City (UDC 11-5B-3.E).
This application is for a rezone; therefore, this finding is not applicable.
3. 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;
The City Council finds that the proposed plat is in substantial compliance with the adopted
Comprehensive Plan in regard to land use and transportation. 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 will be provided to the subject property upon
development. (See Exhibit B of the Staff Report for more details from public service
providers.)
c. The plat is in conformance with scheduled public improvements in accord with the
City’s capital improvement program;
Because City water and sewer and any other utilities will be provided by the developer at
their own cost, the City Council finds that the subdivision will not require the expenditure of
capital improvement funds.
Meridian City Council Meeting Agenda April 3, 2018 – Page 110 of 396Meridian City Council Meeting Agenda April 24, 2018 – Page 489 of 717