East Ridge Estates H-2017-0129 AZ, PPADA COUNTY RECORDER Christopher D. Rich 2018-052339
BOISE IDAHO Pgs=49 BONNIE OBERBILLIG 06/07/2018 09:28 AM
CITY OF MERIDIAN, IDAHO NO FEE
DEVELOPMENT AGREEMENT
PARTIES: L City of Meridian
2, C4 Land LLC, Owner
3. DevCo, LLC, Developer
THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into
this _`J day of 1� In , 2018, by and between City of Meridian, a municipal
corporation of the State of Idaho, hereafter called CITY whose address is 33 E. Broadway
Bois
Avenue, Meridian, Idaho 83642 and C4 La , Whose LLC whoess is se addres4s 482 W. ai 1 ew Faiv iew Avee
ID 83706, hereinafter called OWNER and D vCo os
Boise, ID 83706 hereinafter called DEVELOPER -
RE' CITALS:
EVELOPER.
RECITALS:
1,1 WHEREAS, Owner is the sole owner, in law and/or equity, of certain tract of
land in the County of Ada, State of Idaho, described in Exhibit "A", which is
attached hereto and by this reference incorporated herein as if set forth in full,
herein after referred to as the Property; and
1.2 WHEREAS, Idaho Code § 67-651 IA provides that cities may, by ordinance,
require or permit nmitment concconitionoe •n ng the f zoning that
useto eowners developmenand/or
Developer
i Ofthe, s b ect
make a written col
Property; and
1.3 WHEREAS, City has exercised its statutory authority by the enactment of
Section 11-5B-3 of nentsrified u on thand/orevelopment Code `
e annexation UeD-zoni glich of land�es
and
development agree p
IA WHEREAS, Owner and/or Developer have submitted an application for the
annexation and zoning of 40.99 acres of land with both R-4 (Low Density
Residential) and R-15 (Medium Density Residential) zoning districts, under the
Unified Development Code, which generally describes how the Propertywill be
developed and what improvements will be made; and
1.5 WHEREAS, Owner and/or Developer made representations at the public
hearings both before the Meridian Planning & Zoning Commission and before
the Meridian City Council, as to how the Property will be developed and what
improvements will be made; and
DEVELOPMENT AGREEM ENT —EAST RIDGE ESTATES SUBDIVISION (T I-2017-0129
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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, B and C follow]
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement and made it
effective as hereinabove provided.
OWNER:
C4 LAND LLC
By: _ L z
4aL A-� V
DEVELOPER:
DevCo, LLC ,
CITY OF
0
ATTEST:
DEVELOPMENT AGREEMENT -EAST RIDGE ESTATES SUBDIVISION (H-2017-0129) PAGE 7 OF 8
STATE OF IDAHO
ss:
County of Ada, )
On this ZZ day of `{+y► u..w�, 2018, before me, the undersigned, a Notary Public in and for said State,
personally appeared Cft , known or identified to me to be the
of C4 Land LLC, and acknowledged to me that he executed the same
on behalf of said corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in
this certificate first above•',wP ftA'""#,,�
(SEAL)
STATE OF IDAHO
County of Ada, )
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'+., sT °•mama.••' 9Q`�.•'
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SS:
Notary Public for Idaho
Residing at.
My Commission Expires: zoxcc
On this ZZ. day ofi-q_!, — 2018, before me, the undersigned, a Notary Public in and for said State,
personally appeared ,,vv_ C�ovs`�-✓' , known or identified to me to be the
of DevCo, LLC, and acknowledged to me that he executed the same on
behalf of said corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this
—,•tifnntr. first shove written.
(SEAL) 'C ARPUBI
STATE OF IDAHO +•,•�''•u E ,0;,��4
: ss
Notary Public for Idaho
Residing at: T�
My Commission Expires: t L9
County of Ada )
On this rJ day of jun� 2 2018, before me, a Notary Pub] ic, personally appeared Tammy
de Weerd and C.Jay Coles, know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who
executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such
City executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this
certificate first above written.
'e.•E •W •. l k�� Wa 7�
••� Notary Public for Idaho
j , ' Y �•s Residing at: 4-r—'— dqp
10 Commission expires: 3 -dY "o10ao1
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vIEVELOPME WRj T— EAST RIDGE ESTATES SUBDIVISION (H-2017-0129) PAGE 8 OF 8
�••. S1'A'PE 0••'
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EXHIBIT A
East Ridge Estates Subdivision – Exhibit A
Meridian City Council Meeting Agenda June 5, 2018 – Page 439 of 868
EXHIBIT A
East Ridge Estates Subdivision – Exhibit A
Meridian City Council Meeting Agenda June 5, 2018 – Page 440 of 868
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). H-2017-0129 - 1 -
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND DECISION & ORDER
In the Matter of the Request for Annexation and zoning of 40.99 acres of land to the R-4 and R-15
zoning district; and a Preliminary Plat consisting of one hundred thirty nine (139) residential
building lots and seven (7) common lots on 40.99 Acres of Land in the R-4 and R-15 Zoning
Districts for East Ridge Estates Subdivision, by DevCo, LLC
Case No(s). H-2017-0129
For the City Council Hearing Date of: November 28, 2017 (Findings on December 12, 2017)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of November 28, 2017, incorporated
by reference)
2. Process Facts (see attached Staff Report for the hearing date of November 28, 2017, incorporated
by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of November 28,
2017, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of November 28, 2017, incorporated by reference)
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the “Local Land Use
Planning Act of 1975,” codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503).
2. The Meridian City Council takes judicial notice of its Unified Development Code codified at
Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by
ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of
Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A.
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not impose
expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Decision, which shall be
signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the
Community Development Department, the Public Works Department and any affected party
requesting notice.
EXHIBIT B
Meridian City Council Meeting Agenda June 5, 2018 – Page 441 of 868
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). H-2017-0129 - 2 -
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of November 28, 2017, incorporated by reference. The conditions are concluded to
be reasonable and the applicant shall meet such requirements as a condition of approval of the
application.
C. Decision and Order
Pursuant to the City Council’s authority as provided in Meridian City Code § 11-5A and based upon
the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that:
1. The applicant’s requests for annexation and zoning and preliminary plat are hereby approved
per the conditions of approval in the Staff Report for the hearing date of November 28, 2017,
attached as Exhibit A.
D. Notice of Applicable Time Limits
Notice of Preliminary Plat Duration
Please take notice that approval of a preliminary plat, combined preliminary and final plat, or
short plat shall become null and void if the applicant fails to obtain the city engineer’s signature
on the final plat within two (2) years of the approval of the preliminary plat or the combined
preliminary and final plat or short plat (UDC 11-6B-7A).
In the event that the development of the preliminary plat is made in successive phases in an
orderly and reasonable manner, and conforms substantially to the approved preliminary plat,
such segments, if submitted within successive intervals of two (2) years, may be considered for
final approval without resubmission for preliminary plat approval (UDC 11-6B-7B).
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11-6B-7.A, the Director may authorize a single extension of time to obtain the City
Engineer’s signature on the final plat not to exceed two (2) years. Additional time extensions up
to two (2) years as determined and approved by the City Council may be granted. With all
extensions, the Director or City Council may require the preliminary plat, combined
preliminary and final plat or short plat to comply with the current provisions of Meridian City
Code Title 11. If the above timetable is not met and the applicant does not receive a time
extension, the property shall be required to go through the platting procedure again (UDC 11-
6B-7C).
Notice of Development Agreement Duration
The city and/or an applicant may request a development agreement or a modification to a
development agreement consistent with Idaho Code section 67-6511A. The development
agreement may be initiated by the city or applicant as part of a request for annexation and/or
rezone at any time prior to the adoption of findings for such request.
A development agreement may be modified by the city or an affected party of the development
agreement. Decision on the development agreement modification is made by the city council in
accord with this chapter. When approved, said development agreement shall be signed by the
property owner(s) and returned to the city within six (6) months of the city council granting the
modification.
Meridian City Council Meeting Agenda June 5, 2018 – Page 442 of 868
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). H-2017-0129 - 3 -
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 November 28, 2017
Meridian City Council Meeting Agenda June 5, 2018 – Page 443 of 868
By action of the City Council at its regular meeting held on the )d, day of
2017.
COUNCIL PRESIDENT KEITH BIRD VOTED Y6
COUNCIL VICE PRESIDENT JOE BORTON VOTED
COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED
COUNCIL MEMBER TY PALMER VOTED *
COUNCIL MEMBER LUKE CAVENER VOTED Y
COUNCIL MEMBER GENESIS MILAM VOTED a
MAYOR TAMMY de WEERD VOTED
TIE BREAKER)
Attest:
C. Tdy Co
City Clerk
of w
E,vf)m *-
D-
a r Tam de Weerd
Copy served upon Applicant, Community Development Department, Public Works Department and City
Attorney.
By: Lfla& uDated: CW W10V 6 G dlJ !
City Clerk's Office
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). H-2017-0129-4-CQ- l iclp S kid eS
Meridian City Council Meeting Agenda June 5, 2018 – Page 444 of 868
Exhibit A
1 | P a ge
East Ridge Estates Subdivision – H-2017-0129
STAFF REPORT
Hearing Date: November 28, 2017
TO: Mayor & City Council
FROM: Josh Beach, Associate City Planner
208-884-5533
Bruce Freckleton, Development Services Manager
208-887-2211
SUBJECT: East Ridge Estates Subdivision – H-2017-0129
I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST
The applicant, DevCo, LLC, has submitted an application for annexation and zoning (AZ) of 40.99
acres of land with both R-4 (Acreage) and R-15 (acreage) zoning districts; and a preliminary plat (PP)
consisting of 139 building lots and 7 common lots on 40.99 acres of land for East Ridge Estates
Subdivision.
NOTE: The project was remanded back to the Commission with the caveat that the project
comply with the R-4 standards. As noted above, the proposed plan contemplates an R-15 zoning
district so the applicant can develop an age restricted community. The applicant held several
meetings with the adjacent residents to disclose the changes to the proposed plan.
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 October 19, 2017. At the
public hearing on October 19, 2017, the Commission moved to recommend approval of the
subject AZ and PP requests.
a. Summary of Commission Public Hearing:
i. In favor: Jim Conger (Applicant), Kathi Baumgartner,
ii. In opposition: Susan Karnes, Jim Stroo, Christine Herwy, Annette Alonso,
Commenting: Susan Karnes, Jim Stroo, Christine Herwy, Annette Alonso, Kathi
Baumgartner,
iii. Written testimony: Susan Karnes, Susan and Ted Bohlman, Melody Wheeler, Meridian
South Rim Coalition, Jim Stroo, Kathi Baumgartner
iv. Staff presenting application: Josh Beach
v. Other staff commenting on application: None
b. Key issue(s) of Public Testimony:
i. Additional traffic through the existing Black Rock Subdivision and out to Eagle on
Taconic;
ii. Density of the overall development;
iii. Feasibility of having age-restricted housing in this location;
iv. Proposal to use City water for irrigation purposes due to the lack of water rights for the
land;
v. Council (in a previous hearing) asked the applicant to come back with an R-4 project,
this is not an all R-4 project;
vi. Size of the proposed lots up against the large Black Rock lots;
Meridian City Council Meeting Agenda June 5, 2018 – Page 445 of 868
Exhibit A
2 | P a ge
East Ridge Estates Subdivision – H-2017-0129
vii. Appropriateness of placing the slope in an easement rather than in a common lot, and
what the “natural vegetation”;
c. Key Issues of Discussion by Commission:
i. The average size of the lots that would be adjacent to Black Rock lots;
ii. Open space and proximity to the proposed city park;
iii. The transition from the surrounding neighborhoods and the transition from the
proposed age-restricted lots;
d. Commission Change(s) to Staff Recommendation:
i. None
e. Outstanding Issue(s) for City Council:
i. Remove condition 1.1.1e.
ii. Remove condition 1.1.2k.
The Meridian City Council heard this item on November 28, 2017. At the public hearing, the
Council approved the subject PP request.
a. Summary of City Council Public Hearing:
i. In favor: Jim Conger, Kathy Baumgartner, Earl Brace,
ii. In opposition: Sherry Ewing, Dave Blomberg, Joy Blomberg, Andrea Tlucek, Laddie
Tlucek, Joe Reger, Ann Shelton, Ben Shelton, Susan Karnes, Christine Herwy, Tim
Foster, Jen Foster, Susanna Bohlman, Ted Bohlman, Doug Wheeler, Gary Andrew,
Mary Affleck, Brian Affleck, Andrew Allen, Don Cantrell, Jim Stroo, Cameron Keller,
Charles Byerly, Marilee Andrew, Pat Looney, Debbie Brain, Bob Brain, Mike
Wageman, Loni Wageman, Rick Thurber, Melody Wheeler, Dawn Murphy, Joe
Baldwin, Lori Koga, Amy Anderson, Bonnie Carter, Gary Van Akron, Serge Kasurbin,
iii. Commenting: Sherry Ewing, Kathy Baumgartner, Laddie Tlucek, Joe Reger, Ann
Shelton, Susan Karnes, Christine Herwy, Tim Foster, Jen Foster, Doug Wheeler, Mary
Affleck, Andrew Allen, Don Cantrell, Jim Stroo, Charles Byerly, Marilee Andrew,
Debbie Brain, Bob Brain, Loni Wageman, Rick Thurber, Melody Wheeler, Dawn
Murphy, David Koga, Lori Koga, Gary Van Akron, Serge Kasurbin,
iv. Written testimony: Andrea Tlucek, Doug Wheeler, Jim and Christine Herwy, Laddie
Tlucek, Melody Wheeler, Amy Anderson, Annette Alonso, Bob and Debbie Brain,
Chris and Marci Rood, David Blomberg, Dawn Murphy, Jake and Amy Anderson,
Joe Baldwin, Lani Wageman, Pat and Cliff Looney, Ray Patel, Richard Thurber,
Susan Karnes,
v. Staff presenting application: Josh Beach
vi. Other staff commenting on application: Kyle Radek, Caleb Hood
b. Key issue(s) of Public Testimony:
i. Concerns about the density of the age restricted portion.
ii. Concerns that the concerns from Blackrock neighborhood were ignored by the
developer.
iii. Concerns about how the Blackrock neighborhood will be impacted by additional traffic
from the proposed homes.
iv. Concerns about why the lots cannot be at least one acre in size.
v. Concerns about construction traffic through Blackrock.
vi. Concerns that the large lots within the subdivision will need to use city treated water to
irrigate and concerns over the cost of that water.
vii. Concerns over who will be allowed to live in the age restricted portion of the property.
viii. Request to have a direct connection to the recently approved Sky Mesa in addition to
the connection to the stub street from Black Rock.
Meridian City Council Meeting Agenda June 5, 2018 – Page 446 of 868
Exhibit A
3 | P a ge
East Ridge Estates Subdivision – H-2017-0129
ix. Appropriateness of the proposed zoning designations for the property.
c. Key Issues of Discussion by Council:
x. Who is going to be able to live in the age restricted portion of the site.
xi. The appropriateness of having a majority of the lots use city treated water for
irrigation.
xii. The possibility of connecting a street to the Sky Mesa Subdivision.
xiii. Why there are no sidewalks proposed for the age restricted portion of the project.
xiv. If directed to come back with an R-4 project, why now are we coming back with
something different than that?
di. Key Council Changes to Staff/Commission Recommendation
i. None
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to recommend approval to the City
Council of File Number H-2017-0129, as presented in the staff report for the hearing date of October
19, 2017, with the following modifications: (Add any proposed modifications).
Denial
After considering all staff, applicant and public testimony, I move to recommend denial to the City
Council of File Number H-2017-0129, as presented during the hearing on October 19, 2017, for the
following reasons: (You should state specific reasons for denial)
Continuance
I move to continue File Number H-2017-0129 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 north of E. Lake Hazel Road, west of S. Eagle Road, in the southeast ¼ of
Section 32, Township 3N., Range 1E.
B. Owners:
Brace Family Revocable Trust
1504 S. Newport Street
Boise, ID 83709
C. Applicant:
DevCo, LLC
4824 W. Fairview Ave.
Boise, ID 83709
D. Representative:
Conger Management Group
4824 W. Fairview
Boise, ID 83709
E. Applicant's Statement/Justification: Please see applicant’s narrative for this information.
V. PROCESS FACTS
A. The subject application is for annexation and zoning and preliminary plat. A public hearing is
required before the Planning & Zoning Commission and City Council on this matter, consistent
with Meridian City Code Title 11, Chapter 5.
Meridian City Council Meeting Agenda June 5, 2018 – Page 447 of 868
Exhibit A
4 | P a ge
East Ridge Estates Subdivision – H-2017-0129
B. Newspaper notification published on: September 29, 2017 (Commission); November10, 2017
Council)
C. Radius notices mailed to properties within 300 feet on: September 25, 2017 (Commission);
November 3, 2017 (Council)
D. Applicant posted notice on site(s) on: October 9, 2017 (Commission); November 17, 2017
Council)
VI. LAND USE
A. Existing Land Use(s) and Zoning: The annexation area consists of agricultural property zoned
RUT in Ada County.
B. Character of Surrounding Area and Adjacent Land Use and Zoning:
1. North: Single-family residential properties in Black Rock Subdivision, zoned R-4;
Undeveloped residential property zoned RUT in Ada County.
2. East: One single-family residential property and undeveloped property, both zoned RUT in
Ada County.
3. South: E. Lake Hazel Road, and undeveloped property zoned RUT in Ada County.
4. West: One single-family residential properties and undeveloped property, both zoned RUT.
C. History of Previous Actions: In March of 2017, this application was remanded back to the
Planning and Zoning Commission in order for the applicant to work with the surrounding
property owners. The previous plan included 117 single family lots on 40.99 acres in the
proposed R-8 zoning district with a gross density of 2.85 dwelling units per acre.
D. Utilities:
1. Location of sewer: Sewer is available to this property under the temporary arraignment that
was made for the Southern Highlands and Whitebark Subdivisions. The South Branch of the
Ten Mile Sewer Trunk is currently under construction, and once complete the temporary
nature of the receiving sewer will be eliminated. There are no capacity issues with the
downstream sewer as a result of this development.
2. Location of water: Water is available from the stub street from the north, but public works
requires a looped water system that would require the project to have access to water in E.
Lake Hazel Road. No phases of the development can be served with water service until it can
be connected to the future 12-inch water main in Lake Hazel Road that will connect to the
existing water main in Eagle Road. The Lake Hazel water main project is scheduled for
construction by the City in 2018
3. Issues or concerns: Applicant shall be required to loop the proposed water system to the
existing water mains adjacent to the proposed development.
E. Physical Features:
1. Canals/Ditches Irrigation: There is an irrigation lateral along the east side of the property.
2. Hazards: Staff is not aware of any hazards that exist on this property.
3. Flood Plain: NA
Meridian City Council Meeting Agenda June 5, 2018 – Page 448 of 868
Exhibit A
5 | P a ge
East Ridge Estates Subdivision – H-2017-0129
VII. COMPREHENSIVE PLAN POLICIES AND GOALS
This property is designated “Medium Density Residential” and “Low Density Residential” on the
Comprehensive Plan Future Land Use Map. Medium density residential areas are anticipated to
contain between three and eight dwellings per acre. Low density residential areas are anticipated to
contain up to three dwellings per acre. The proposed preliminary plat includes 139 single-family lots
on 40.99 acres for a total gross density of 3.39 dwelling units/acre which is consistent with the MDR
land use designation. The gross density of the R-4 portion of the project is 1.76 dwelling units per acre,
and the density for the R-15 portion is 5.55 dwelling units per acre. Because the property has both land
use designations, staff finds that the density is consistent with the comprehensive plan.
NOTE: Staff is currently processing a Comprehensive Plan Text Amendment (CPAT) (NOT
APPROVED) that addresses development along the south rim, however since this application was
submitted prior to that application, the proposed CPAT changes don’t impact this development.
Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to
the proposed use (staff analysis in italics):
Support a variety of residential categories (low-, medium-, medium-high
and high-density single-family, multi-family, townhouses, duplexes,
apartments, condominiums, etc.) for the purpose of providing the City
with a range of affordable housing opportunities.” (3.07.01E)
The proposed single-family attached and detached dwellings will contribute to the variety of
housing types available within the City. The applicant has indicated that the homes with the
R-15 zoned area will be age restricted.
Permit new development only where urban services can be reasonably provided at the time
of final approval and development is contiguous to the City.” (3.01.01F)
City services are available and will be extended by the developer to the proposed lots upon
development of the site in accord with UDC 11-3A-21.
Require common area in all subdivisions.” (3.07.02F)
The proposed plat depicts a total of 4.32 acres (or 10.54%) of qualified open space in accord
with the requirements listed in UDC11-3G-3.
The R-15 portion of the project and the R-4 portion of the project have separate amenities
and each meets the open space and amenities requirements separately.
Review new development for appropriate opportunities to connect local roads and collectors
to adjacent properties (stub streets). (3.03.020)
The proposed plat depicts a connection to an existing stub street from the north through the
Blackrock Subdivision. The applicant is proposing to provide one stub street to the north
NEC).
With the previous plat, staff was recommending the extension of two public streets. Now that
one stub street is proposed, the applicant needs to provide an exhibit to staff on how the
adjacent properties could develop with a single stub street.
Support infill of vacant lots in substantially developed, single-family areas at densities
similar to surrounding development.” (3.07.02I)
The subject property is adjacent to existing low density homes and similar lot sizes to the
north in Blackrock Subdivision. The overall density for the project falls within the parameters
of the MDR land use designation and the surrounding residential developments.
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Exhibit A
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East Ridge Estates Subdivision – H-2017-0129
Require pedestrian access connectors in all new development to link subdivisions together to
promote neighborhood connectivity as part of a community pathway system.” (3.03.03B)
The applicant is proposing 5-foot detached sidewalks that will connect to existing sidewalks
to the north.
Reduce the number of existing access points onto arterial streets by using methods such as
cross access agreements, access management and frontage/backage roads.” (3.03.02N)
The submitted plat depicts one access point to E. Lake Hazel Road as well as connecting to
one (1) existing stub streets (E. Cyanite Drive). Gated, private streets are proposed to
provide access to the age restricted portion of the development.
Require new residential development to meet development standards regarding landscaping,
signage, fences and walls, etc.” (3.05.02C)
Street buffer landscaping is required adjacent to E. Lake Hazel Road in accord with the
standards listed in UDC 11-3B-7C. Separate permits shall be obtained for signage and
fencing in compliance with the standards listed in UDC 11-3D-5 and 11-3A-7 respectively.
Coordinate with public works, police, and fire departments on proposed annexation and
development requests, and the impacts on services.” (3.04.01H)
Staff has coordinated with public works, police and fire and has incorporated their comments
and conditions in this report.
Ensure development provides safe routes and access to schools, parks and other community
gathering places.” (3.07.02N)
Staff is requiring the applicant to install the frontage improvements along frontage of E. Lake
Hazel Road with the first phase phase. The surrounding area is not currently developed,
however the Parks Department has plans to construct a park near the SWC of this property,
with plans to commence construction in May of 2018. Staff feels that the sidewalk and
landscape buffer should be installed to provide greater pedestrian access to the park
facilities.
For the above stated reasons, staff finds the proposed project is consistent with the goals and
objectives in the Comprehensive Plan.
VIII. UNIFIED DEVELOPMENT CODE (UDC)
A. Purpose Statement of Zone: Per UDC 11-2A-1, the purpose of the residential districts is to
provide for a range of housing opportunities consistent with the Meridian comprehensive plan.
Residential districts are distinguished by the allowable density of dwelling units per acre and
corresponding housing types that can be accommodated within the density range.
B. Schedule of Use: Unified Development Code (UDC) Table 11-2A-5 and 11-2A-7 lists the
principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the R-4 and R-
15 zoning districts. Any use not explicitly listed, or listed as a prohibited use is prohibited. The
proposed use of the site for single-family attached and detached dwellings is a principal
permitted use in both the R-4 and R-15 zoning districts.
C. Dimensional Standards: Development of the site should be consistent with the dimensional
standards listed in UDC Tables 11-2A-5 for the R-8 zoning district and 11-2A-7 for the R-15
zoning district.
D. Landscaping:
Street buffer landscaping shall be installed in accordance with the standards listed in UDC
Meridian City Council Meeting Agenda June 5, 2018 – Page 450 of 868
Exhibit A
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East Ridge Estates Subdivision – H-2017-0129
Tables 11-2A-6 and UDC 11-3B-7C for the R-8 zoning district.
Per UDC 11-3G-3, the plat is required to provide 10 percent open space and one amenity for
every 20 acres of development area.
E. Subdivision Design and Improvement Standards: The subdivision must comply with the
subdivision design standards outlined in UDC 11-6C-3.
F. Off-Street Parking: Off-street parking is required in accord with UDC Table 11-3C-6 for single-
family dwellings.
IX. ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
1. Annexation & Zoning
The applicant has applied for annexation and zoning of 40.99 acres of land with R-4 and R-15
zoning districts. As discussed above in Section VII, staff believes the proposed zoning
designations are consistent with the policies in the Comprehensive Plan.
The applicant proposes to develop 139 new single-family residential detached homes on 40.99
acres of land as shown on the preliminary plat included in Exhibit A.2.
The legal description submitted with the application, included in Exhibit C, shows the boundaries
of the property proposed to be annexed. The property is contiguous to land that has been annexed
into the City and is within the Area of City Impact boundary.
The City may require a development agreement (DA) in conjunction with an annexation pursuant
to Idaho Code section 67-6511A. In order to ensure the site develops as proposed with this
application, staff recommends a DA as a provision of annexation with the provisions included in
Exhibit B.
2. Preliminary Plat
Previous Plat: The previous plat consisted of 117 building lots and 14 common lots on 40.99
acres of land in a proposed R-8 zoning district. The property was proposed to develop in 5
phases. The gross density for the subdivision was 2.85 d.u./acre. The lots ranged in size from
6,600 square feet to over 12,500 square feet, with an average lot size of 9,475 square feet.
Current Plat: The proposed plat consists of 139 building lots and 7 common lots on 40.99 acres of
land in a proposed R-4 and R-15 zoning districts (see Exhibit A.2). The property is proposed to
develop in 3 phases, (see Exhibit A.2). The gross density for the subdivision is 3.39 d.u./acre. The
lots range in size from 5,313 square feet to over 12,500 square feet, with an average lot size of
36,726 square feet.
Dimensional Standards: Development of this site is required to comply with the dimensional
standards listed in UDC 11-2A-3 and Table 11-2A-5 for the R-4 district and 11-2A-7 for the R-15
district. Staff has reviewed the proposed plat and found it to be in compliance with those
standards.
Lot 2 of Block 1 does not meet the 30 feet of frontage required for lots in the R-4 zoning district.
The applicant shall revise the plat to show compliance with UDC 11-2A-5.
In reviewing the age restricted/R-15 zoned portion of the plat, staff has concerns on how those
units will be located on the lots and we request that the applicant provide an exhibit that
demonstrates compliance with the R-15 setbacks.
Meridian City Council Meeting Agenda June 5, 2018 – Page 451 of 868
Exhibit A
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East Ridge Estates Subdivision – H-2017-0129
Phasing Plan: The applicant is proposing to develop the East Ridge Estates Subdivision in three
3) phases. Phase 1 is to commence off the stub street from E. Cyanite Drive and generally
continue from the north to the south. In general staff is supportive of the proposed phasing plan.
Block Length: The plat is required to comply with the block length standards listed in UDC 11-
6C-3F. Staff has reviewed the proposed plat and found it to be in compliance with the
aforementioned standards.
Access: Access is proposed for this site via one access from E. Lake Hazel Road and via the
extension of an existing stub street from Blackrock Subdivision (E. Cyanite Drive).
Streets: The applicant is proposing a mixture of public and private roads throughout the
development. The public roads are a 33 foot road section with rolled curbs and the private street
sections are 25 feet with vertical curb and gutter.
A total of 50-feet of right-of-way is proposed to be dedicated to ACHD from the centerline of E.
Lake Hazel Road abutting the site and the pavement is required to be widened to 17 feet from
centerline where it doesn’t currently exist in addition to a 3-foot wide gravel shoulder abutting the
site.
The applicant is proposing a single public stub street at the west boundary. As mentioned above,
the applicant is requested to submit an exhibit showing how the properties would develop with
the single stub street.
Common Driveways: Common driveways are proposed throughout the development for access
to each unit and are required to be constructed in accord with the standards listed in UDC 11-6C-
3D. The plat should be revised to include a common lot or easement on the building lots for
each of the common driveways.
The UDC (11-6C-3E.7) requires any plats using a common driveway to depict the setbacks,
building envelope, and orientation of the lots and structure that are accessed via a common
driveway on the preliminary plat and/or as an exhibit with the final plat application. The
applicant has submitted an exhibit for the Village portion of the development that depict
the aforementioned items; however, the rear setback on the Village units is depicted at 3
feet and should be a minimum of 12 feet per UDC Table 11-2A-7.
Five (5) of the common driveways exceed the maximum length of a common driveway as set
forth in UDC 11-6C-3. The Fire department will not approve any length over 150 feet. The
applicant should revise the plat to comply with the Common driveway standards set forth
in UDC 11-6C-3D.
A perpetual ingress/egress easement is required to be filed with the Ada County Recorder, which
shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles
and equipment, for the common driveways.
Streets: The majority of the proposed streets depicted on the plat are public, with the exception
of the streets through what the applicant is calling “The Village,” an age-restricted community.”
These cottages will feature private streets with multiple common driveways. With 98 residential
home lots in The Village Cottages, the applicant has provided two gated entries for the residents,
the main entrance off of the primary subdivision road and a secondary on the north side with
quick access to the existing E. Cyanite Drive stub. The privates streets will be owned and
operated by The Village Home Owners Association with repairs and maintenance paid for by
association fees.
Gates: The applicant is proposing to install two (2) gates to restrict vehicular movement to the
private street to those who live within that area of the development. UDC 11-3F-4 allows gates
to be installed, subject to the following standards:
Meridian City Council Meeting Agenda June 5, 2018 – Page 452 of 868
Exhibit A
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East Ridge Estates Subdivision – H-2017-0129
a. The proposed development shall be for residential uses.
b. The proposed development shall have no more than fifty (50) dwelling units.
c. The proposed development shall not restrict pedestrian and bicycle access along the
private street. The proposed development shall provide unrestricted access to
pedestrians and bicycles at a minimum of two (2) additional points within the
proposed development.
d. The proposed development shall not restrict access to existing or planned multiuse
pathways as shown in chapter 3 of the Meridian pathways master plan.
e. The applicant shall provide access to the gate for emergency vehicles as determined and
approved by the Meridian fire department and public works department.
f. To allow sufficient stacking distance, the gate shall be located a minimum of fifty feet
50') back from the ultimate edge of right of way to the connecting public street.
The applicant is requesting alternative compliance to allow for a common driveway off
of a private street, and also to remove the requirement that two additional
pedestrian/bicycle access points be included on a private street . As noted in (C) above,
code allows for up to fifty (50) dwelling units in a gated community and staff has
interpreted this to allow for fifty (50 ) dwelling units per gate. The applicant has
proposed two (2) gates for the community, so will be limited to (100) dwelling units in
the gated portion of the project.
The applicant’s request to have a common driveway off of a private street is approved
by the Director.
Parking: Off-street parking is required on each residential lot in accord with the standards listed
in UDC 11-3C-6. Parking is prohibited on all private streets in the development. Per ACHD and
the Fire Department, signage should be installed accordingly.
Landscaping: A landscape plan was submitted with this application for the area proposed to be
platted as shown in Exhibit A.3.
A 25-foot wide street buffer is required along E. Lake Hazel Road, an arterial street, per UDC
Table 11-2A-6 and is required to be landscaped in accord with the standards listed in UDC 11-
3B-7C. The buffer width along E. Lake Hazel Road should be measured from the back of
curb per UDC 11-3B-7C.1a (2); or, the ultimate curb location as determined by ACHD if
future road widening is anticipated; revise plans accordingly.
Landscaping within the common areas is required in accord with the standards listed in UDC 11-
3G-3E.
Tree Mitigation: If there are existing trees on the site that are proposed to be removed, the
applicant should contact Elroy Huff, City Arborist, at 888-3579 to schedule an appointment to
confirm mitigation requirements prior to removal of any trees on the site. The applicant shall
submit a tree mitigation plan with the final plat application.
Parkways: Eight-foot wide parkways are proposed in all areas where detached sidewalks are
proposed in accord with the standards listed in UDC 11-3A-17E.
Open Space: A minimum of 10% qualified open space is required to be provided for this
development in accord with UDC 11-3G-3A.1. Based on the area of the preliminary plat (40.99
acres), a minimum of 4.09 acres of qualified open space is required to be provided as set forth in
UDC 11-3A-3B. A total of 4.32 acres (or 10.54%) of qualified open space is proposed consisting
of ½ the street buffer along E. Lake Hazel Road, open space that exceeds 50’ X 100’, and 8-foot
Meridian City Council Meeting Agenda June 5, 2018 – Page 453 of 868
Exhibit A
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East Ridge Estates Subdivision – H-2017-0129
wide parkways along the local streets. and internal common open space areas which appear to
comply with this requirement. As mentioned above, the applicant intends to have separate
amenities for the age restricted (R-15) portion of the project.
The applicant proposes Lot 14, Block 2 (R-4 portion of the property) as a common lot for
the subdivision. Staff recommends that the applicant re-locate the opens space at the
intersection of E. More Trail Drive and E. Huntly Drive, to make it more accessible to
residents. By relocating the open space in the new location it allows the applicant to provide
a pedestrian connection through the age-restricted community through Lots 34-39 as
required per the private street standards noted above. The other pedestrian access to Lake
Hazel should be provided between Lots 66-69. Prior to the Commission hearing the
applicant should revise the landscape plan accordingly
Site Amenities: All developments consisting of five acres of more are required to provide a
minimum of one site amenity; one additional site amenity is required for each additional 20 acres
per UDC 11-3G-3A.2, in accord with the standards listed in UDC 11-3G-3C. Based on the area of
the preliminary plat (40.99 acres), staff requires a minimum of 2 qualified site amenities be
provided. The applicant proposes to provide amenities specific to the Village Concept and other
amenities that would be for the use of the estate lots as well as the Village concept. The amenities
specific to the Village concept include a clubhouse, sitting areas and a large common lot.
Amenities that would be shared by both the estate lots and the Village concept include a
neighborhood park that includes a large grassy area, a shade structure and sitting areas. With the
previous version of this project, City Council requested a tot lot for the development. The
applicant may want to think about adding a children’s play structure to the proposed common lot.
The proposed amenities appear to meet the requirements of the UDC.
Fencing: All fencing should comply with the standards listed in UDC 11-3A-6B and 11-3A-7.
The applicant shall construct fencing as proposed.
Sidewalks: Sidewalks are required along all public streets as set forth in UDC 11-3A-17. The
applicant proposes to construct detached sidewalks throughout the development in accord with
UDC standards.
The applicant shall construct a sidewalk along one side of E. Cyanite Lane in order to provide
pedestrian access to the surrounding neighborhood.
Pathways: According to the Pathways Master Plan, a multi-use pathway clips the SWC of this
property. Parks is currently reviewing the pathways in this area due to the upcoming construction
of the South Meridian Regional Park and therefore are not requiring a multi-use pathway at this
time.
Utilities: Sewer is available to this property under the temporary arraignment that was made for
the Southern Highlands and Whitebark Subdivisions. The South Branch of the Ten Mile Sewer
Trunk is currently under construction, and once complete the temporary nature of the receiving
sewer will be eliminated. There are no capacity issues with the downstream sewer as a result of
this development. Water is available from the stub street from the north, but public works
requires a looped water system that would require the project to have access to water in E. Lake
Hazel Road. No phases of the development can be served with water service until it can be
connected to the future 12-inch water main in Lake Hazel Road that will connect to the existing
water main in Eagle Road. The Lake Hazel water main project is scheduled for construction by
the City in 2018.
Street lighting is required to be installed within the development in accord with the City’s
adopted standards, specifications and ordinances.
Meridian City Council Meeting Agenda June 5, 2018 – Page 454 of 868
Exhibit A
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East Ridge Estates Subdivision – H-2017-0129
Pressurized Irrigation (PI): An underground PI system is required to be provided to each lot in
the subdivision as proposed in accord with UDC 11-3A-15. The applicant is requesting to use city
water for irrigation purposes. The applicant shall provide a letter from the applicable irrigation
district stating that the property does not have water rights.
Storm Drainage: A storm drainage system is required for the development in accord with the
City’s adopted standards, specifications and ordinances. Design and construction shall follow best
management practice as adopted by the City in accord with UDC 11-3A-18.
Topography: The existing homes in Blackrock Subdivision to the northwest of this site are
located on a ridge approximately 20-40 feet above the proposed subdivision. The applicant
shall provide an exhibit showing the elevation change. The applicant should also provide a
master grading and drainage plan for the site prior to the Commission hearing.
Multiple lots are encumbered by a slope easement due to the topography. The applicant
shall provide an exhibit to show the transition between the East Ridge Lots and the existing
and future Blackrock and Sky Mesa developments.
Building Elevations: The applicant has submitted some conceptual sample building elevations
for future homes in this development, included in Exhibit A.4. Building materials appear to
consist of a mix of board and batten, stucco and horizontal lap siding with shake shingle and
stone accents.
Because homes on lots that back up to E. Lake Hazel Road will be highly visible, staff
recommends the rear or sides of structures on lots that face the street incorporate
articulation through changes in materials, color, modulation, and architectural elements
horizontal and vertical) to break up monotonous wall planes and roof lines.
Design Review (DES): A DES application is required to be submitted prior to issuance of
building permits for the single family attached homes. The applicant must comply with the design
standards listed in UDC 11-3A-19 and the guidelines contained in the Meridian Design Manual.
In summary, Staff recommends approval of the proposed annexation and preliminary plat request
for this site with a development agreement and the recommended conditions listed in Exhibit B of
this report in accord with the Findings contained in Exhibit D.
X. EXHIBITS
A. Drawings/Other
1. Vicinity Map
2. Proposed Preliminary Plat and phasing plan (dated: 8/30/17)
3. Proposed Landscape Plan (dated: 9/11/17)
4. Conceptual Building Elevations
B. Agency & Department Comments/Conditions
C. Legal Description & Exhibit Map for Annexation Boundary
D. Required Findings from Unified Development Code
Meridian City Council Meeting Agenda June 5, 2018 – Page 455 of 868
Exhibit A
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A. Drawings
1. Vicinity Map
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Exhibit A
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East Ridge Estates Subdivision – H-2016-0137
2. Proposed Preliminary Plat (dated: 8/30/17)
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Exhibit A
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East Ridge Estates Subdivision – H-2016-0137
3. Proposed Landscape Plan (dated; 9/11/17)
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Exhibit A
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4. Conceptual Building Elevations
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Exhibit A
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East Ridge Estates Subdivision – H-2016-0137
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Exhibit A
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East Ridge Estates Subdivision – H-2016-0137
B. EXHIBIT B - AGENCY & DEPARTMENT COMMENTS/CONDITIONS
1. PLANNING DIVISION
1.1 Site Specific Conditions of Approval
1.1.1 A Development Agreement (DA) is required as a provision of annexation of this property. Prior
to the annexation ordinance approval, a DA shall be entered into between the City of Meridian,
the property owner(s) at the time of annexation ordinance adoption, and the developer. A final
plat application shall not be submitted to City until the agreement is executed.
Currently, a fee of $303.00 shall be paid by the applicant to the Planning Division prior to
commencement of the DA. The DA shall be signed by the property owner and returned to the
City within six (6) months of the City Council granting annexation. The DA shall, at minimum,
incorporate the following provisions:
a. Except the public street access to E. Lake Hazel Road from East Ridge Avenue, direct lot
access to E. Lake Hazel Road, an arterial street, is prohibited in accord with UDC 11-3A-3.
b. Future development of this site shall be generally consistent with the preliminary plat and
building elevations depicted in Exhibit A and the revisions noted in the staff report.
c. The applicant shall comply with the submitted home elevations attached in Exhibit A.4. The
rear and/or side of structures that face arterial or collector streets (Lots 2-5 of Block 1, Lots
55, 56, 59, 60, 63, 64, 67, 68, 71 and 72 of Block 2), 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.
d. The site shall develop with a minimum of 10.54% open space (4.32 acres) and shall include
the following amenities specific to the Village Concept and other amenities that would be for
the use of the estate lots as well as the Village concept. The amenities specific to the Village
concept include a clubhouse, sitting areas and a large common lot. Amenities that would be
shared by both the estate lots and the Village concept include a neighborhood park that
includes a large grassy area, a shade structure and sitting areas.
e. The applicant shall provide a children’s play structure in the common lot located in the R-4
portion of the project. The proposed amenities appear to meet the requirements of the UDC.
f.e. Timing for the construction of the amenities is proposed as shown on the phasing plan in
Exhibit A.2.
g.f. The 5-foot detached sidewalk and 25 foot landscape buffer along E. Lake Hazel Road shall
be constructed with the first phase of development.
1.1.2 The preliminary plat included in Exhibit A.2, dated 8/30/17, shall be revised as follows:
a. The applicant shall provide a revised preliminary plat prior to the Planning and Zoning
Commission hearing.
b. For all common driveways, a perpetual ingress/egress easement is required to be filed with
the Ada County Recorder, which shall include a requirement for maintenance of a paved
surface capable of supporting fire vehicles and equipment.
c. Prior to the Planning and Zoning Commission, the applicant shall provide an exhibit that
shows the setbacks, building envelope, and orientation of the lots and structures on all
common lots.
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Exhibit A
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East Ridge Estates Subdivision – H-2016-0137
d. The applicant shall provide a master grading and drainage plan for the site with the first final
plat application.
e. The rear setback on the Village units is depicted at 3 feet and should be a minimum of 12 feet
per UDC Table 11-2A-7. The applicant shall revise the plans to ensure compliance with the
setbacks in the R-15 zoning district.
f. Five (5) of the common driveways exceed the maximum length of a common driveway as set
forth in UDC 11-6C-3. The applicant shall revise the plat to conform to this standard.
g. Off-street parking is required on each residential lot in accord with the standards listed in
UDC 11-3C-6. Because of the reduced street sections proposed on the plat, parking is
restricted on all private streets in the development. Per ACHD and the Fire Department,
signage should be installed accordingly.
h. The applicant shall provide an exhibit showing the elevation change from the proposed East
Ridge Lots to the properties north and east.
i. The applicant shall provide an exhibit to staff on how the adjacent properties to the west
could develop with a single stub street.
j. The applicant shall construct a sidewalk along one side of E. Cyanite Lane in order to provide
pedestrian access to the surrounding neighborhood.
k. The applicant proposes Lot 14, Block 2 (R-4 portion of the property) as a common lot for the
subdivision. The applicant shall re-locate the opens space at the intersection of E. More Trail
Drive and E. Huntly Drive, to make it more accessible to residents. By relocating the open
space in the new location it allows the applicant to provide a pedestrian connection through
the age-restricted community through Lots 34-39 as required per the private street standards
noted above. The other pedestrian access to Lake Hazel shall be provided between Lots 66-
69. Prior to the Commission hearing the applicant shall revise the landscape plan accordingly.
l.k. Lot 2, Block 1 shall be revised to meet the minimum lot frontage requirements for lots in the
R-4 zoning district as set forth in UDC 11-2A-5.
1.1.3 The landscape plan included in Exhibit A.3, dated 9/11/17, shall be revised as follows:
a. The buffer width along E. Lake Hazel Road shall be measured from the back of curb per
UDC 11-3B-7C.1a(2); or, the ultimate curb location as determined by ACHD if future road
widening is anticipated; revise accordingly.
b. If there are any existing trees on the site that are to be removed, the applicant should contact
Elroy Huff, City Arborist, at 888-3579 to schedule an appointment to confirm mitigation
requirements prior to removal of any trees on the site. Any existing trees proposed to be
retained on-site shall be noted on the landscape plan submitted with a final plat application.
1.1.4 Prior to Commission the applicant shall provide a letter from the applicable irrigation
district stating that the property does not have water rights or provide a pressurized
irrigation system as set forth in UDC 11-3A-15 and 11-3B-6.
1.1.5 The applicant shall comply with all condition of the Ada County Highway District.
1.1.6 Prior to obtaining a building permit for any single-family attached home, the applicant shall
receive Administrative Design Review approval.
1.2 General Conditions of Approval
1.2.1 Comply with all bulk, use, and development standards of the R-8 zoning district listed in UDC
Table 11-2-A-5.
Meridian City Council Meeting Agenda June 5, 2018 – Page 462 of 868
Exhibit A
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East Ridge Estates Subdivision – H-2016-0137
1.2.2 Comply with all provisions of 11-3A-3 with regard to access to streets.
1.2.3 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set
forth in UDC 11-3A-6.
1.2.4 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11 -3A-
15, UDC 11-3B-6 and MCC 9-1-28.
1.2.5 Comply with the sidewalk standards as set forth in UDC 11-3A-17.
1.2.6 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-5J.
1.2.7 Construct the required landscape buffers consistent with the standards as set forth in UDC 11-3B-
7C.
1.2.8 Construct storm water integration facilities that meet the standards as set forth in UDC 11-3B-
11C.
1.2.9 Construct all parkways consistent with the standards as set forth in UDC 11-3A-17E, 11-3G-3B5
and 11-3B-7C.
1.2.10 Comply with all subdivision design and improvement standards as set forth in UDC 11-6C-3,
including but not limited to cul-de-sacs, driveways, common driveways, easements, blocks,
street buffers, and mailbox placement.
1.2.11 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle.
1.3 Ongoing Conditions of Approval
1.3.1 The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets
the standards as set forth in UDC 11-3B-6 and to install and maintain all landscaping as set forth
in UDC 11-3B-5, UDC 11-3B-13 and UDC 11-3B-14.
1.3.2 All common open space and site amenities shall be maintained by an owner's association as set
forth in UDC 11-3G-3F1.
1.3.3 The project is subject to all current City of Meridian ordinances.
1.3.4 The applicant and/or property owner shall have an ongoing obligation to prune all trees to a
minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the
area.
1.3.6 The applicant has a continuing obligation to comply with the outdoor lighting provisions as set
forth in UDC 11-3A-11.
1.3.7 The applicant and/or property owner shall have an ongoing obligation to maintain all landscaping
and constructed features within the clear vision triangle consistent with the standards in UDC 11-
3A-3.
1.4 Process Conditions of Approval
1.4.1 No signs are approved with this application. Prior to installing any signs on the property, the
applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3
Article D and receive approval for such signs.
1.4.2 The applicant shall complete all improvements related to public life, safety, and health as set forth
in UDC 11-5C-3B. A surety agreement may be accepted for other improvements in accord with
UDC 11-5C-3C.
1.4.3 The final plat, and any phase thereof, shall substantially comply with the approved preliminary
plat as set forth in UDC 11-6B-3C2.
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1.4.4 The applicant shall obtain approval for all successive phases of the preliminary plat within two
years of the signature of the City Engineer on the previous final plat as set forth in UDC 11 -6B-
7B (if applicable).
1.4.5 The preliminary plat approval shall be null and void if the applicant fails to either 1) obtain the
City Engineer signature on a final plat within two years; or, 2) gain approval of a time extension
as set forth in UDC 11-6B-7.
1.4.6 Upon installation of the landscaping and prior to inspection by Planning Division staff, the
applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A.
2. PUBLIC WORKS DEPARTMENT
2.1 SITE SPECIFIC CONDITIONS OF APPROVAL
2.1.1 Type I lighting shall be required along the frontage of the development along Meridian Road, and
Type II lighting will be required along the internal streets. A street lighting plan will be required
with the submittal of development plans. Plan requirements can be found in section 6-5 of the
Improvement Standards for Street Lighting at
http://www.meridiancity.org/public_works.aspx?id=272
2.1.2 Sewer is available to this property under the temporary arraignment that was made for the
Southern Highlands and Whitebark Subdivisions. The South Branch of the Ten Mile Sewer
Trunk is currently under construction, and once complete the temporary nature of the receiving
sewer will be eliminated. There are no capacity issues with the downstream sewer as a result of
this development.
2.1.3 No phases of the development can be served with water service until it can be connected to a
future 12 inch water main in Lake Hazel Road that is connected to the existing water main in
Eagle Road. The Lake Hazel water main Capital Project is scheduled for construction by the City
in 2018. The applicant may undertake the construction of this off-site mainline if they so choose.
2.1.4 Due to the elevation differentials in this development, the applicant shall be required to submit an
engineered master grading and drainage plan for approval by the Community Development
Department. This plan shall establish, at a minimum; the finish floor elevation of each building
lot, the finish grade elevations of the rear lot corners, the drainage patterns away from each
building pad, the drainage patterns of the overall blocks, and any special swales or subsurface
drainage features necessary to control and maintain storm water drainage. Applicant's engineer
shall consult the 2012 International Residential Code when establishing the finish floor elevations
and drainage patterns away from the building pads.
2.1.5 With the application for a building permit, each home builder must submit lot grading and
finished floor elevation consistent with the approved master grading and drainage plan for the
subdivision. If deviations from the approved master grading and drainage plan are proposed, they
must be submitted and approved by the Community Development Department prior to the
issuance of a building permit. Any such revision proposal shall be accompanied by a written
authorization from the Developer to allow a revision to the master lot grading plan.
2.1.6 Applicant has indicated in their narrative that they are seeking a waiver for a pressurized
irrigation per MCC 11-3A-15C. The applicant has stated that they currently do not have
irrigation water rights on the subject property, but they have made application for water rights
from the New York Irrigation District. They state that their application has been accepted and
that they have been placed on a waiting list for water rights. Additionally, the applicant has made
application for a ground water well form the Idaho Department of Water Resources. If approved
this well would only supply water for the irrigation of the subdivision common areas. Due to the
impending status of the applicants application to the New York Irrigation District, their
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application for ground water rights with IDWR, their request for waiver of MCC 11-3A shall be
considered pending at this time. Applicant will need to provide written evidence of
determinations to demonstrate inadequacy of all sources of water for irrigation to the City
Engineer, before the waiver can be granted under MCC 11-3A-15C. The city’s domestic water
system shall be the last option for providing irrigation water to the proposed subdivision.
2.1.7 Any well constructed in conjunction with this development must comply with Idaho Well
Construction Standards Rules and other rules administered by the Idaho Department of Water
Resources (IDWR). More specifically, well construction must comply with IDWR Preliminary
Order of 9/30/16 In the Matter of the Proposed Creation of a West Ada Area of Drilling
Concern. Any well constructed in conjunction with this development that does not comply with
these rules shall be properly abandoned by the applicant within 60 days of notice by the City.
2.2 General Conditions of Approval
2.2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works
Department, and execute standard forms of easements for any mains that are required to provide
service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover
from top of pipe to sub-grade is less than three feet than alternate materials shall be used in
conformance of City of Meridian Public Works Departments Standard Specifications.
2.2.2 Per Meridian City Code (MCC), the applicant shall be responsible to install sewer and water
mains to and through this development. Applicant may be eligible for a reimbursement
agreement for infrastructure enhancement per MCC 8-6-5.
2.2.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of
way (include all water services and hydrants). The easement widths shall be 20-feet wide for a
single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but
rather dedicated outside the plat process using the City of Meridian’s standard forms. The
easement shall be graphically depicted on the plat for reference purposes. Submit an executed
easement (on the form available from Public Works), a legal description prepared by an Idaho
Licensed Professional Land Surveyor, which must include the area of the easement (marked
EXHIBIT A) and an 81/2” x 11” map with bearings and distances (marked EXHIBIT B) for
review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO
NOT RECORD. Add a note to the plat referencing this document. All easements must be
submitted, reviewed, and approved prior to signature of the final plat by the City Engineer.
2.2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water (MCC 9-2-28C1). The applicant should be required to use any existing surface or
well water for the primary source. If a surface or well source is not available, a single -point
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
Meridian City Council Meeting Agenda June 5, 2018 – Page 465 of 868
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208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic
purposes such as landscape irrigation if approved by Idaho Department of Water Resources
Contact Robert B. Whitney at (208)334-2190.
2.2.8 Any existing septic systems within this project shall be removed from service per City Ordinance
Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and
inspections (208)375-5211.
2.2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated,
road base approved by the Ada County Highway District and the Final Plat for this subdivision
shall be recorded, prior to applying for building permits.
2.2.10 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted
fencing, landscaping, amenities, etc., prior to signature on the final plat.
2.2.11 All improvements related to public life, safety and health shall be completed prior to occupancy
of the structures. Where approved by the City Engineer, an owner may post a performance surety
for such improvements in order to obtain City Engineer signature on the final plat as set forth in
UDC 11-5C-3B.
2.2.12 Applicant shall be required to pay Public Works development plan review, and construction
inspection fees, as determined during the plan review process, prior to the issuance of a plan
approval letter.
2.2.13 It shall be the responsibility of the applicant to ensure that all development features comply with
the Americans with Disabilities Act and the Fair Housing Act.
2.2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting
that may be required by the Army Corps of Engineers.
2.2.15 Developer shall coordinate mailbox locations with the Meridian Post Office.
2.2.16 All grading of the site shall be performed in conformance with MCC 11-1-4B.
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 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 Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street
Lighting (http://www.meridiancity.org/public_works.aspx?id=272). All street lights shall be
installed at developer’s expense. Final design shall be submitted as part of the development plan
set for approval, which must include the location of any existing street lights. The contractor’s
work and materials shall conform to the ISPWC and the City of Meridian Supplemental
Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility
Coordinator at 898-5500 for information on the locations of existing street lighting.
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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 public sewer, water and reuse infrastructure
for duration of two years. This surety will be verified by a line item cost estimate provided by the
owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash
deposit or bond. Applicant must file an application for surety, which can be found on the
Community Development Department website. Please contact Land Development Service for
more information at 887-221.
3. POLICE DEPARTMENT
3.1 The Police Department has no comment on this application.
4. FIRE DEPARTMENT
4.1 One and two family dwellings not exceeding 3,600 square feet require a fire-flow of 1,000
gallons per minute for a duration of 2 hours to service the entire project. One and two family
dwellings in excess of 3,600 square feet require a minimum fire flow as specified in Appendix B
of the International Fire Code. Fire Hydrant spacing shall be provided as required by Appendix C
of the International Fire Code.
4.2 Final Approval of the fire hydrant locations shall be by the Meridian 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.
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.
4.3 In accordance with International Fire Code Section 503.2.5 and Appendix D, any roadway greater
than 150 feet in length that is not provided with an outlet shall be required to have an approved
turn around. Phasing of the project may require a temporary approved turn around on streets
greater than 150' in length with no outlet.
4.4 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 All common driveways shall be straight or have a turning radius of 28’ inside and 48’ outside and
have a clear driving surface of 20’ in width capable of supporting an imposed weight of 75,000
GVW, per International Fire Code Section 503.2.
4.6 Private Alleys and Fire Lanes shall have a 20’ wide improved surface capable of supporting an
imposed load of 75,000 lbs. All roadways shall be marked in accordance with Appendix D
Section D103.6 Signs.
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4.7 Provide signage (“No Parking Fire Lane”) for all fire lanes in accordance with International Fire
Code Sections 503.4 & D103.6.
4.8 Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set forth
in International Fire Code Section 304.1.2.
4.9 Operational fire hydrants, temporary or permanent street signs, and access roads with an all-weather
surface are required to be installed before combustible construction material is brought onto the site,
as set forth in International Fire Code Section (IFC) 501.4 and Meridian amendment to IFC 10-4-2J.
4.10 To increase emergency access to the site a minimum of two points of access will be required for
any portion of the project which serves more than 30 homes, as set forth in International Fire
Code Section D107.1. The two entrances should be separated by no less than ½ the diagonal
measurement of the full development as set forth in International Fire Code Section D104.3. The
applicant shall provide a stub street to the property to the (west/east/north/south).
4.11 All R-2 occupancies with 3 or more units shall be required to be fire sprinkled as set forth in
International Fire Code Section 903.2.8.
4.12 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.
4.13 The roadways shall be built to Ada County Highway District cross section standards and have a
clear driving surface. Streets less than 26’ in width shall have no on-street parking; streets less
than 32’ in width shall have parking only on one side. These measurements shall be based on the
drivable surface dimension exclusive of shoulders. The overhead clearance shall be a minimum of
13’ 6”. The roadway shall be able to accommodate an imposed load of 75,000 GVW as set forth
in International Fire Code Section 503.2.1. and D103.6.1 and D103.6.2.
4.14 Maintain a separation of 5’ from the building to the dumpster enclosure as set forth in International
Fire Code Section 304.3.3.
4.15 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.
5. REPUBLIC SERVICES
5.1 A concrete pad shall be constructed at the end of each common driveway to accommodate all of
the trash carts for trash pickup.
6. PARKS DEPARTMENT
6.1 The applicant shall have an ongoing obligation to maintain all pathways.
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7. ADA COUNTY HIGHWAY DISTRICT
7.1 Site Specific Conditions of Approval
7.1.1 Dedicate 50-feet of right-of-way from centerline of Lake Hazel Road abutting the site.
7.1.2 Widen the pavement to a minimum of 17-feet from centerline with 3-foot wide gravel shoulder
along Lake Hazel Road abutting the site.
7.1.3 Construct a westbound right-turn lane on Lake Hazel Road with a minimum storage length of 100
feet at the East Ridge Avenue/ Lake Hazel Road intersection.
7.1.4 Construct a 5-foot wide detached sidewalk along Lake Hazel Road, located a minimum 43-feet
from centerline abutting the site. Provide a permanent right-of-way easement for any public
sidewalk placed outside of the dedicated right-of-way.
7.1.5 Extend Cyanite Drive into the site from the north property line.
7.1.6 Construct all local streets as 33-foot street sections with rolled curb, gutter and detached 5-foot
wide sidewalk within 37-feet of right-of-way.
7.1.7 Construct the main entrance intersecting Lake Hazel Road as proposed, with two 21-foot travel
lanes and an 8-foot wide center island. The island shall be located within the ACHD right-of-way,
and a license agreement is required for all landscaping proposed within ACHD right -of-way or
easement areas.
7.1.8 Provide a permanent right-of-way easement for any sidewalk placed outside of the dedicated
right-of-way.
7.1.9 Extend Huntly Drive as a stub street to the west property line as proposed. Install a sign at the
terminus of the stub street stating that, “THIS ROAD WILL BE EXTENDED IN THE
FUTURE.”
7.1.10 Pave the private roadways 20 to 24-feet wide and at least 30-feet into the site beyond the edge of
pavement of public streets. Install street name and stop signs for the private roads. All gates or
keypads on the private roads shall be located a minimum of 50-feet from the near edge of the
public street.
7.1.11 Payment of impacts fees are due prior to issuance of a building permit.
7.1.12 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.
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7.2.5 A license agreement and compliance with the District’s Tree Planter policy is required for all
landscaping proposed within ACHD right-of-way or easement areas.
7.2.6 All utility relocation costs associated with improving street frontages abutting the site shall be
borne by the developer.
7.2.7 It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The
applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The
applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business days
prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic
Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during
any phase of 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.
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C. Legal Description & Exhibit Map for Annexation Boundary
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D. Required Findings from Unified Development Code
1. Annexation Findings:
Upon recommendation from the Commission, the Council shall make a full investigation
and shall, at the public hearing, review the application. In order to grant an annexation, the
Council shall make the following findings:
a. The map amendment complies with the applicable provisions of the Comprehensive
Plan;
The Applicant is proposing to annex the subject 40.99 acre property with R-4 and R-15
zoning districts and develop 139 new single-family residential homes. Council finds that the
proposed map amendment complies with the provisions of the Comprehensive Plan and
should be compatible with adjacent residential uses (see section VII above for more
information).
b. The map amendment complies with the regulations outlined for the proposed district,
specifically the purpose statement;
Council finds that the proposed map amendment to the R-4 and R-15 zoning districts is
consistent with the purpose statement for the residential districts as detailed in Section VIII
above.
c. The map amendment shall not be materially detrimental to the public health, safety,
and welfare;
Council finds that the proposed zoning map amendment will not be detrimental to the public
health, safety, or welfare. City utilities will be extended at the expense of the applicant.
Council considers any oral or written testimony that may be provided when determining this
finding.
d. The map amendment shall not result in an adverse impact upon the delivery of services
by any political subdivision providing public services within the City including, but not
limited to, school districts; and,
Council finds that the proposed zoning amendment will not result in any adverse impact upon
the delivery of services by any political subdivision providing services to this site.
e. The annexation is in the best of interest of the City (UDC 11-5B-3.E).
Council finds annexing this property with R-4 and R-15 zoning districts is in the best interest
of the City if the applicant revises the plat per Council’s recommendation and enters into a
development agreement.
2. Preliminary Plat Findings:
In consideration of a preliminary plat, combined preliminary and final plat, or short
plat, the decision-making body shall make the following findings:
a. The plat is in conformance with the Comprehensive Plan;
Council finds that the proposed plat is in substantial compliance with the adopted
Comprehensive Plan in regard to land use, transportation, and circulation. Please see
Comprehensive Plan Policies and Goals, Section VII, of the Staff Report for more
information.
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b. Public services are available or can be made available and are adequate to
accommodate the proposed development;
Council finds that public services will be provided to the subject property upon
development. (See Exhibit B of the Staff Report for more details from public service
providers.)
c. The plat is in conformance with scheduled public improvements in accord with the
City’s capital improvement program;
Because City water and sewer and any other utilities will be provided by the development
at their own cost, Council finds that the subdivision will not require the expenditure of
capital improvement funds.
d. There is public financial capability of supporting services for the proposed
development;
Council relies upon comments from the public service providers (i.e., Police, Fire,
ACHD, etc.) to determine this finding. (See Exhibit B for more detail.)
e. The development will not be detrimental to the public health, safety or general
welfare; and
Council is not aware of any health, safety, or environmental problems associated with the
platting of this property. ACHD considers road safety issues in their analysis. Council
considers any public testimony that may be presented when determining whether or not
the proposed subdivision may cause health, safety or environmental problems of which
Council is unaware.
f. The development preserves significant natural, scenic or historic features.
Council is unaware of any significant natural, scenic or historic features that exist
on this site.
3. Alternative Compliance Findings:
In order to grant approval for alternative compliance, the director shall determine the
following findings:
1. Strict adherence or application of the requirements is not feasible; OR
2. The alternative compliance provides an equal or superior means for meeting the
requirements; and
The Director finds the alternative compliance provides an equal means for meeting the
City’s private street standards. The private street standards are set forth in UDC 11-3F.
The applicant is requesting to allow common driveways off of a private street. With the
blessing of the Fire Department, staff believes that the proposed development can
accommodate the common driveways off of a private street.
3. The alternative means will not be materially detrimental to the public welfare or
impair the intended uses and character of the surrounding properties.
The Director finds that the proposed alternative for the common driveway off of a private
street will not be detrimental to the public welfare or impair the use/character of the
surrounding properties.
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