Silverleaf Subdivision AZ 04-024
PARTIES:
AD~' COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 58
~~I JT~AJ~~:~~2~:~e~2:53 PM 1111111111111111111111111111111111111
RE ORDED-REQUEST OF 105010990
ME IDIAN CITY_----~
DEVELOPMENT AGREEMENT
1.
2.
3.
4.
City of Meridian
Donald E. and Jean S. Hobbs, Owner
Jerry and Sandy Stevenson, Owner
Centennial Development, LLC Developer
THIS DEVELOPMENT AGREEMEN,'¡ (this "Agreement"), is made and
entered into this G"Þ day of JiÆI7P1.a".~ ' 200l(,byand between CITY OF
MERIDIAN, a municipal corporation of the State ofIdaho, hereafter called "CITY', and
DONALD E. AND JEAN S. HOBBS, whose address is 2683 W. Chinden Road,
Meridian, Idaho 83642, hereinafter called "OWNER", and JERRY AND SANDY
STEVENSON, whose address is 6040 N. Ten Mile Road, Meridian, Idaho 83642, and
CENTENNIAL DEVELOPMENT, LLC, whose address is 114 E. Idaho Street, Suite 230,
Meridian, Idaho 83642 hereinafter called "DEVELOPER".
1.
1.2
1.3
1.4
1.5
RECITALS:
1.1
WHEREAS, "OWNERS" are the sole owners, in law and/or equity,
of certain tract ofland in the County of Ada, State ofIdaho, described
in Exhibit A for each owner, which is attached hereto and by this
reference incorporated herein as if set forth in full, herein after
referred to as the "Property"; and
WHEREAS, I.C. § 67-6511A, Idaho Code, provides that cities may,
by ordinance, require or permit as a condition of re-zoning that the
"Owner" and/or "Developer" make a written commitment concerning
the use or development of the subject "Property"; and
WHEREAS, '~ity" has exercised its statutory authority by the
enactment of Ordinance 11-15-12 and 11-16-4 A, which authorizes
development agreements upon the annexation and/or re-zoning of
land; and
WHEREAS, "Developer" has submitted an application for
annexation and zoning of the "Property's" described in Exhibit A,
and has requested a designation of (R-4) Low Density Residential
District, (Municipal Code ofthe City of Meridian); and
WHEREAS, "Developer" made representations at the public
hearings both before the Meridian Planning & Zoning Commission
DEVELOPMENT AGREEMENT (AZ-O4-024) SILVERLEAF SUBDIVISION PAGE 1 OF 1
1.6
1.7
1.8
1.9
1.9
and before the Meridian City Council, as to how the subject
"Property" will be developed and what improvements will be made;
and
WHEREAS, record ofthe proceedings for the requested annexation
and zoning designation of the subject "Property" held before the
Planning & Zoning Commission, and subsequently before the City
Council, include responses of government subdivisions providing
services within the City of Meridian planning jurisdiction, and
received further testimony and comment; and
WHEREAS, City Council, the 3rd day of November, 2004, has
approved certain Findings of Fact and Conclusions of Law and
Decision and Order, set forth in Exhibit B, which are attached hereto
and by this reference incorporated herein as if set forth in full,
hereinafter referred to as (the "Findings"); and
WHEREAS, the Findings require the "Owners" and "Developer" to
enter into a development agreement before the City Council takes
final action on annexation and zoning designation; and
"OWNERS" AND "DEVELOPER" deem it to be in its best interest
to be able to enter into this Agreement and acknowledges that this
Agreement was entered into voluntarily and at its urging and requests;
and
WHEREAS, "City"requires the "Owners" and "Developer" to enter
into a development agreement for the purpose of ensuring that the
"Property" is developed and the subsequent use of the "Property" is in
accordance with the terms and conditions of this development
agreement, herein being established as a result of evidence received
by the "City" in the proceedings for annexation and zoning
designation from government subdivisions providing services within
the planning jurisdiction and from affected property owners and to
ensure annexation and zoning designation is in accordance with the
amended Comprehensive Plan of the City of Meridian adopted
August 6, 2002, Resolution No. 02-382, and the Zoning and
Development Ordinances codified in Meridian City Code Title 11 and
Title 12.
NOW, THEREFORE, in consideration of the covenants and conditions set
forth herein, the parties agree as follows:
DEVELOPMENT AGREEMENT (AZ-O4-024) SIL VERLEAF SUBDIVISION PAGE 2 OF 2
2. INCORPORATION OF RECITALS: That the above recitals are
contractual and binding and are incorporated herein as if set forth in full.
3. DEFINITIONS: For all purposes of this Agreement the following words,
terms, and phrases herein contained in this section shall be defined and interpreted as herein
provided for, unless the clear context of the presentation of the same requires otherwise:
3.1
3.2
3.3
3.4
4.
"CITY": means and refers to the City of Meridian, a party to this
Agreement, which is a municipal Corporation and government
subdivision of the state ofIdaho, organized and existing by virtue of
law of the State ofIdaho, whose address is 33 East Idaho Avenue,
Meridian, Idaho 83642.
"OWNERS" AND "DEVELOPER": means and refers to
Centennial Development, LLC, whose address is 114 E. Idaho Street,
Suite 230, Meridian, Idaho 83642, the party developing said
"Property" and shall include any subsequent owner(s)/developer(s) of
the "Property".
"OWNERS": means and refers to Donald E. Hobbs and Jean S.
Hobbs, whose address is 2683 W. Chinden Road, Meridian, Idaho
83642, and Jerry and Sandy Stevenson, whose address 6040 N. Ten
Mile Road, Meridian, Idaho 83642, the party owning said "Property"
being developed and shall include any subsequent
owner(s)/developer(s) ofthe "Property".
"PROPERTY": means and refers to that certain parcel(s) of
"Property" located in the County of Ada, City of Meridian as
described in Exhibit A describing the parcels to be annexed and
zoned R-8 attached hereto and by this reference incorporated herein
as if set forth at length.
USES PERMITTED BY THIS AGREEMENT:
4.1 The uses allowed pursuant to this Agreement are only those uses allowed
under "City's" Zoning Ordinance codified at Meridian City Code Section
11- 7-2 (C) which are herein specified as follows:
DEVELOPMENT AGREEMENT (AZ-O4-024) SILVERLEAF SUBDIVISION PAGE 3 OF 3
Construction and development of a planned development consisting
of 162 building lots, to include 143 residential, 18 common and 1
school lot in a proposed R-4 zone for Silverleaf Subdivision.
4.2 No change in the uses specified in this Agreement shall be allowed
without modification of this Agreement.
5. DEVELOPMENT IN CONDITIONAL USE: "Developer"has submitted to
"City" an application for conditional use permit, and shall be required to obtain the "City's"
approval thereof, in accordance to the City's Zoning & Development Ordinance criteria,
therein, provided, prior to, and as a condition of, the commencement of construction of any
buildings or improvements on the "Property" that require a conditional use permit.
6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT
PROPERTY:
"Developer" shall develop the "Property" in accordance with the following
special conditions:
A.
Adopt the Special Recommendations of the Planning and Zoning Commission as
follows:
I. An additional traffic calming device shall be installed on the road from Ten Mile
(Satinwood).
2. Developer shall comply with the Noise Evaluation Process standards set forth in
ITD's Planning and Zoning Recommendations Noise Evaluation/Mitigation, for
Chinden Boulevard.
B.
Adopt the Recommendations of the Meridian Planning & Zoning Department as
follows:
1. A condition of this DA shall be that the applicant participates in any road
infrastructure agreements in the North Meridian Planning Area negotiated with
ACHD and shall faithfully perform the terms of such agreement or agreements.
2. Any existing domestic wells and/or septic systems within this project will have to be
removed from their domestic service, per City Ordinance Section 5-7-517, when
services are available from the City of Meridian. Wells may be used for non-
domestic purposes such as landscape irrigation.
3. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting,
DEVELOPMENT AGREEMENT (AZ-04-024) SILVERLEAF SUBDIVISION PAGE 4 OF 4
C.
D.
crossing or lying adjacent and contiguous to the area being subdivided shall be tiled
per MCC 12-4-13. Plans will need to be approved by the appropriate
irrigation/drainage district, or lateral users association (ditch owners), with written
approval or non-approval submitted to the Public Works Department. lflateral users
association approval can't be obtained, plans will be reviewed and approved by the
Meridian City Engineer prior to final plat signature.
4. Any future subdivision, planned development, uses and construction shall comply
with the City of Meridian ordinances in effect at the time.
Adopt the ACHD conditions listed in their report dated November 13, 2004, which
report lists required site-specific requirements, conditions of approval and street
improvements.
Comply with all the conditions in the corresponding applications in this matter,
Annexation/Zoning, AZ-04-024, Preliminary Plat, PP-04-031 and Conditional Use
Permit, CUP-04-033.
E. Adopt the action of the City Council taken at their November 3, 2004 meeting as
follows:
For clarification:
1.
Centennial Development, LLC, may construct a temporary vehicular access to
Chinden Boulevard (SH 20/26), if approved by the Idaho Transportation Department.
The temporary access road shall be constructed to ACHD standards and shall be
removed within two (2) months of access being provided from either SilverleafWay
or Kingwood Drive, in Lochsa Falls. If the ITD approves a temporary access to
Chinden Boulevard, a note shall be placed on the final plat stating that Lot 12, Block
9 is a non-build lot until the temporary access to ChindenBoulevard is abandoned.
2.
A minimum of two points of access will be required for any portion of the project,
which serves more than 50 homes. The two entrances shall be separated by no less
than Y> the diagonal measurement of the project. Prior to issuance ofthe 51st building
permit on the northern section of the development, a secondary emergency access
approved by the Meridian Fire Department shall be provided.
3.
Provide public stub streets to the north (Nickel A venue), and west (Kingwood Drive
and Shawn Street) as proposed. Extend the three public stub streets provided to this
property from the Lochsa Falls development (Glade Creek Drive, Powell Creek
A venue, and Tango Creek Drive) as proposed.
DEVELOPMENT AGREEMENT (AZ-O4-024) SILVERLEAF SUBDIVISION PAGE 5 OF 5
If Glade Creek Drive is not constructed and accepted by ACHD east of the site (in
Lochsa Falls), construct a temporarytumaround at the eastern terminus of Satin wood
Street that meets the design and construction standards of the Meridian Fire
Department and ACHD.
4.
With the submittal of the final plat application, the Centennial Development, LLC.
Shall submit a copy of the Ada County Street Name Committee's final approval letter
for the street names, subdivision name, and lot and block numbering. Centennial
Development, LLC will make any other corrections necessary to conform.
5.
6.
The landscape plan prepared by The Land Group, Inc., dated June 23, 2004 is
approved as submitted with the following modifications:
i.
ii.
iii.
iv.
Amend the scale to be I" = 50' (currently shown as I" = I 00') on all sheets.
Depict a minimum 40-foot wide (35-foot wide currently shown) landscape
buffer along Chinden Boulevard (including a 5-foot wide detached sidewalk).
Said landscape buffer shall be located beyond any future street right-of-way,
as proposed. If it is shown that the adjoining Lochsa Falls Subdivision has
the sidewalk within the 35-foot landscape buffer, this project may match that
project.
All micropaths within the proposed subdivision shall be designed in
accordance with MCC 12-13-15 "MicropathLandscaping" andMCC 12-4-3
"Pedestrian Walkways". Micropath fencing shall be constructed per MCC
12-13-15-9.
Construct a minimum lO-foot wide (8-foot currently shown) gravel shoulder
along Ten Mile Road and landscaping the remaining portion of the right-of-
way with lawn or other ACHD approved groundcover.
All areas being counted toward the open space requirement shall be free of
"wet ponds" or other such nuisances. All storm water detention facilities
incorporated into the required open space are subject to Ordinance 12-13-14
and shall be fully vegetated with grass and trees, as depicted on the submitted
landscape plan.
v.
vi.
Other than the changes listed above, the approved landscape plan is not to be
altered without prior written approval of the Planning and Zoning
Department. Submit 10 copies of a revised landscape plan, depicting the
above-mentioned changes and any other changes that may be required by the
Planning and Zoning Commission, to the City Clerk at least 10 days prior to
the next public hearing.
DEVELOPMENT AGREEMENT (AZ-O4-024) SILVERLEAF SUBDIVISION PAGE 6 OF 6
7. Centennial Development, LLC has not indicated who will own and operate the
pressurized irrigation system within this development. Underground vear-round
pressurized irrigation must be provided to all lots within this development. The City of
Meridian requires that pressurized irrigation systems by supplied by a year-round source
of water. If the pressurized irrigation system within this development is to remain a
private homeowner's association system, complete plans and specifications shall be
reviewed by the Public Works Department as part of the development plan review
process. A draft copy of the pressurized irrigation system 0 & M manual shall be
submitted prior to plan approval. Centennial shall be required to utilize 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 shall be responsible for the payment of
assessments for the common areas prior to signature on the final plat by the City
Engineer.
8. A detailed fencing plan shall be submitted upon application of the final plat. If
permanent fencing is not provided, temporary construction fencing to contain debris
must be installed around the perimeter prior to issuance of building permits. All fences
shall taper down t 3-feet maximum within 20 feet of all right-of-way. All fencing shall
be installed in accordance with MCC 12-4-10.
9. Maintenance of all common areas shall be the responsibility of the Silverleaf
Homeowner's Association.
10. Permanent sanitary sewer service to this development is to be provided by the
undeveloped "North" Black Cat service area. Temporary service shall be via a
"private" lift station pumping the sewage generated within the development to a
discharge point in N. Ten Mile Road. The "private" lift station shall be designed to
accommodate the remaining underdeveloped area of the NW portion of this section.
The developer may enter into a maintenance contract with the City of Meridian for the
operation and maintenance of the facility. Subdivision designer to coordinate main
sizing and routing with the Public Works Department. Applicant shall execute City of
Meridian standard forms of easements, for any mains that are required to provide
service.
11. Municipal water to this site shall be via extensions from existing mains in Ten Mile
Road, and from future mains within Lochsa Falls. Applicant will be responsible to
construct the sewer and water mains to and through this proposed development, thereby
making them available to adjacent properties. Subdivision designer to coordinate main
sizing and routing with the Public Works Department. Applicant shall execute City of
DEVELOPMENT AGREEMENT (AZ-O4-024) SIL VERLEAF SUBDMSION PAGE 7 OF 7
Meridian standard forms of easements, for any mains that are required to provide
service.
12. Direct lot access to Ten Mile Road and Chinden Boulevard is prohibited. A note shall
be placed on the final plat restricting access to Ten Mile Road and Chinden Boulevard.
7. COMPLIANCE PERIOD/ CONSENT TO REZONE: This Agreement and
the commitments contained herein shall be terminated, and the zoning designation reversed,
upon a default of the "Owner" and/or "Developer" or "Owner" and/or "Developer's" heirs,
successors, assigns, to comply with Section 6 entitled "Conditions Governing Development"
of subject "Property" of this agreement within two years of the date this Agreement is
effective, and after the "City" has complied with the notice and. hearing procedures as
outlined in LC. § 67-6509, or any subsequent amendments or recodifications thereof.
8. CONSENT TO DE-ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
"Owner" and/or "Developer" consent upon default to the de-annexation
and/or a reversal ofthe zoning designation of the "Property" subject to and conditioned upon
the following conditions precedent to-wit:
8.1
That the "City" provide written notice of any failure to comply with
this Agreement to "Owner" and/or "Developer" and if the "Owner"
and/or "Developer" fails to cure such failure within six (6) months of
such notice.
9. INSPECTION: "Owner" and/or "Developer" shall, immediately upon
completion of any portion or the entirety of said development of the "Property" as required
by this agreement or by City ordinance or policy, notify the City Engineer and request the
City Engineer's inspections and written approval of such completed improvements or portion
thereof in accordance with the terms and conditions of this Development Agreement and all
other ordinances of the "City" that apply to said Development.
10.
DEFAULT:
10.1
In the event "Owner" and/or "Developer", "Owner" and/or
"Developer's" heirs, successors, assigns, or subsequent owners of the
"Property" or any other person acquiring an interest in the "Property",
fail to faithfully comply with all of the terms and conditions included
in this Agreement in connection with the "Property", this Agreement
DEVELOPMENT AGREEMENT (AZ-04-024) SILVERLEAF SUBDIVISION PAGE 8 OF 8
10.2
may be modified or terminated by the "City" upon compliance with
the requirements of the Zoning Ordinance.
A waiver by "City" of any default by "Owner" and/or "Developer" of
anyone or more of the covenants or conditions hereof shall apply
solely to the breach and breaches waived and shall not bar any other
rights or remedies of "City" or apply to any subsequent breach of any
such or other covenants and conditions.
11. REQUIREMENT FOR RECORDATION: "City" shall record either a
memorandum of this Agreement or this Agreement, including all of the Exhibits, at
"Developer's" cost, and submit proof of such recording to "Owner" and/or "Developer",
prior to the third reading of the Meridian Zoning Ordinance in connection with the
annexation and zoning of the "Property" by the City Council. Iffor any reason after such
recordation, the City Council fails to adopt the ordinance in connection with the annexation
and zoning of the "Property" contemplated hereby, the "City" shall execute and record an
appropriate instrument of release of this Agreement.
12. ZONING: "City" shall, following recordation of the duly approved
Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein.
13. REMEDIES: This Agreement shall be enforceable in any court of competent
jurisdiction by either "City" or "Owner" and/or "Developer", or by any successor or
successors in title or by the assigns of the parties hereto. Enforcement may be sought by an
appropriate action at law or in equity to secure the specific performance of the covenants,
agreements, conditions, and obligations contained herein.
13.1
13.2
In the event of a material breach of this Agreement, the parties agree
that "City" and "Owner" and/or "Developer" shall have thirty (30)
days after delivery of notice of said breach to correct the same prior to
the non-breaching party's seeking of any remedy provided for herein;
provided, however, that in the case of any such default which cannot
with diligence be cured within such thirty (30) day period, if the
defaulting party shall commence to cure the same within such thirty
(30) day period and thereafter shall prosecute the curing of same with
diligence and continuity, then the time allowed to cure such failure
may be extended for such period as may be necessary to complete the
curing of the same with diligence and continuity.
In the event the performance of any covenant to be performed
hereunder by either "Owner" and/or "Developer" or "City" is delayed
DEVELOPMENT AGREEMENT (AZ-O4-024) SILVERLEAF SUBDIVISION PAGE 9 OF 9
for causes which are beyond the reasonable control of the party
responsible for such performance, which shall include, without
limitation, acts of civil disobedience, strikes or similar causes, the
time for such performance shall be extended by the amount of time of
such delay.
14. SURETY OF PERFORMANCE: The "City" may also require surety
bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as
allowed under Meridian City Code § 12-5-3, to insure that installation of the improvements,
which the "Owner" and/or "Developer" agrees to provide, if required by the "City".
15. CERTIFICATE OF OCCUPANCY: The "Owner" and/or "Developer"
agrees that no Certificates of Occupancy will be issued until all improvements are completed,
unless the "City" and "Owner" and/or "Developer" have entered into an addendum
agreement stating when the improvements will be completed in a phased developed; and in
any event, no Certificates of Occupancy shall be issued in any phase in which the
improvements have not been installed, completed, and accepted by the "City".
16. ABIDE BY ALL CITY ORDINANCES: That "Owner" and/or
"Developer" agrees to abide by all ordinances of the City of Meridian and the "Property"
shall be subject to de-annexation if the owner or his assigns, heirs, or successors shall not
meet the conditions contained in the Findings of Fact and Conclusions of Law, this
Development Agreement, and the Ordinances of the City of Meridian.
NOTICES: Any notice desired by the parties and/or required by this Agreement shall be
deemed delivered if and when personally delivered or three (3) days after deposit in the
United States Mail, registered or certified mail, postage prepaid, return receipt requested,
addressed as follows:
CITY:
DEVELOPER:
c/o City Engineer
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83642
Centennial Development, LLC
114 E. Idaho Street, Suite 230
Meridian, Idaho 83642
OWNERS:
with copy to:
City Clerk
City of Meridian
Donald E. Hobbs and Jean S. Hobbs
2683 W. Chinden Road
Meridian, Idaho 83642
DEVELOPMENT AGREEMENT (AZ-04-024) SILVERLEAF SUBDIVISION PAGE 10 OF 10
33 E. Idaho Ave.
Meridian, ID 83642
Jerry and Sandy Stevenson
6040 N. Ten Mile Road
Meridian, Idaho 83642
17.1
A party shall have the right to change its address by delivering to the
other party a written notification thereof in accordance with the
requirements of this section.
18. ATTORNEY FEES: Should any litigation be commenced between the
parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to
any other relief as may be granted, to court costs and reasonable attorney's fees as
determined by a Court of competent jurisdiction. This provision shall be deemed to be a
separate contract between the parties and shall survive any default, termination or forfeiture
of this Agreement.
19. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree
that time is strictly of the essence with respect to each and every term, condition and
provision hereof, and that the failure to timely perform any of the obligations hereunder shall
constitute a breach of and a default under this Agreement by the other party so failing to
perform.
20. BINDING UPON SUCCESSORS: This Agreement shall be binding upon
and inure to the benefit of the parties' respective heirs, successors, assigns and personal
representatives, including "City's" corporate authorities and their successors in office. This
Agreement shall be binding on the "Owner" and/or "Developer" of the "Property", each
subsequent owner and any other person acquiring an interest in the "Property". Nothing
herein shall in any way prevent sale or alienation of the "Property", or portions thereof,
except that any sale or alienation shall be subject to the provisions hereof and any successor
owner or owners shall be both benefited and bound by the conditions and restrictions herein
expressed. "City" agrees, upon written request of "Owner" and/or "Developer", to execute
appropriate and recordable evidence of termination of this Agreement if "City", in its sole
and reasonable discretion, had determined that "Owner" and/or "Developer" has fully
performed its obligations under this Agreement.
21. INVALID PROVISION: Ifanyprovisionofthis Agreement is held not valid
by a court of competent jurisdiction, such provision shall be deemed to be excised from this
Agreement and the invalidity thereof shall not affect any of the other provisions contained
herein.
DEVELOPMENT AGREEMENT (AZ-04-024) SILVERLEAF SUBDIVISION PAGE 11 OF 11
22. 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 lor "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".
22.1
No condition governing the uses and/or conditions goveming development 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.
23. 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.
DEVELOPMENT AGREEMENT (AZ-04-O24) SILVERLEAF SUBDIVISION PAGE 12 OF 12
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement
and Made it effective as hereinabove provided.
Attest:
BY~~
OWNER:
BY:O~ ~ .~
DONALD E. HOBBS
BY'~ Lf~
J AN S. HOBBS
AND
By:fiilr~ -
J Y SVENSON
BY:~~
SAND STEVENSON
-k~~~~d
DEVELOPMENT AGREEMENT (AZ-04-024) SIL VERLEAF SUBDMSION PAGE 13 OF 13
CITY OF MERIDIAN
Attest:
STATE OF IDAHO)
: ss
COUNTY OF ADA )
.q .l.£.- On this 10 'f11 day of J a.J\ IA..lÞt ~ ' in the year
200,r, before me, a Notary Public, personally appeared Jõh. A. LtLL.-¡a.t't .st". ,
known or identified to me to be the /1'tU~~v ofCEN ENNIAL
DEVELOPMENT, LLC, and the persons who ex uted the mstrument and aclrnowledged to
me that they having executed the same on behalf of said limited liability corporation.
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(SEAL) ! * r 1001'-1 .... "
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Notary Public for Idaho ..J.c D
Residing at: 4- ~ Fe- N'íù}1) CI./ Z.
Commission expires: -.)...--It:f
DEVELOPMENT AGREEMENT (AZ-04-O24) SILVERLEAF SUBDIVISION PAGE 14 OF 14
STATE OF IDAHO)
: ss
COUNTY OF ADA )
if On this ~ 4:b- day of ----.JtI¡VIÁÁ.{\1A~ ' in the year
2004, before me, a Notary Public, personally appeared DONAL . HOBBS AND JEAN S.
HOBBS, known or identified to me to be the persons who executed the instrument and
acknowledged to me that they having executed the same.
(S AlDJ:NICE B. THORNTON
NOTARY PUBLIC
STATE OF IDAHO
Notary Public for Idaho
Residing at:
Commission expires: Re81diRV m'IIØIIt&m, Idaho
Commission E¥pIres: Q8.ONO10
STATE OF IDAHO)
: ss
COUNTY OF ADA)
\.Mþ On this 10 ï]! day of-:sí+N u.¡¡.;.y d D C§, in the year
~ before me, a Notary Public, personally appeared JERRY AND ~
STEVENSON, husband and wife, known or identified to me to be the persons who executed
the instrument and acknowledged to me that they having executed the same.
~., .
MEbANlE C, BA~
f\fotGry PUblIC
S1tJte of tclbr\Q
«;I 'An
@~ f!M
Notary Public WhIdah~
Residing at: /r¡.¡;£t. //fl#'
Commission expires: - 7-d-{):J9
DEVELOPMENT AGREEMENT (AZ-04-024)
PAGE 15 OF 15
Acknowledgment
State of Idaho
County of ~
On this IJ-:Øday of Ai , in the year of~before me
¿/lA/Ie C ¡¿et- , personally appeared
. - E '5 tJAi , proved to me on the
basis of satisfactory evidence to be the person(s) whose name(s)
~are subscribed to the within instrument, and acknowledged that
e she, they) executed the same. '
No Public
Exp. q-1- ';¡ðb;
~.¡'" ..
~I.ANIE e. BA~
Notary PUbltc
State of Idaho
STATE OF IDAHO)
:ss
County of Ada )
+k ~ ~oS-
On this I g day ofl'\.llo.r , in the year 2004, before
me, a Notary Public, personally appeared Tammy de We d and William G. Berg, Jr., 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.
(SEAL)
A".H~
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: 1-°TAIt~ !
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'\ <P~ .... /.,.,0 It
"'. '1 l' "..... >t.~ ~~
"..,li OF \~....~
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'/dJ
DEVELOPMENT AGREEMENT (AZ-04-024)
PAGE 16 OF 16
EXHIBIT A
Legal Description Of PropertY
EXHIBIT A
Legal Description
-
---
----or
JulIO 04 03,4..
Jo. Hlok.
120BI ..4-5399
..2
i IDAHO
SURVEY
GROUP
""""W"~-"-
SuO, '"
""~"',"'ho""2
P..., ""') 0<6-8'70
""'(206)-""
.--------------
------------
PIojo>t No- 04-01.9
$ilverleaf Subdivision
July 13. ZOO4
BowIdary D..cr!p6.n
A parcel o{ land b.u.¡ a portion o{ Iho NWI/4 Sedion U, T.4N. R. W. 8.M_. AdA
eo..". Idaho, more pardcolarly ó=ribed as roUe.,",
Ccmmencing oL...N,J1h.,<SIco"""ofooid Soction26, Jiomwhich<he W,"" (14 ,om"
o{oaid Scctioo bean South 00"21' [0" W,",- Un.61 {eo!; thencoaJon¡,!be Wonbol<nd"Yor
aid Soction U South OO"2I'¡O" Wost. 1346.16 foet.. th,REAL POIN1', OF lIEGINNING.
Thoricc Ioavin! - W...-uy line s.uth 89"09'47" Bast. 287.HCeet;
Them:o South 00"21'10" W..~ 31.08 {"':
'I"I>oDce Soud1 g"O9'47"Bast. 1023.02 foot 1D ap<>iDI 00 tho WostbounclBry oftbC¡;",
112 0{1IJo NWII4 ofsoid Section 26:
- aloJIg,oidW<dt boundary Nortb 00'29'18" Bast,41!1i.39 fooL" 'poinlst th.
caUetofso;mgstion<lilcb;
lb..ceJcavios said W...bow1d.uy..d ,10118 tho _a<>f&aid irrÎpIiOD dllch the
{ollowing""..........:
T'-'" South '7"46'13" East. 84.56 feet;
lboncoSmlth 68"OO'V" Eoot. 129.75 fèd;
Thonc<SoWh 71"25'27" Bast. 97.72 fèd;
Thonco Sov1h g6'4"44"I!as~ IIJ'1.65 foot
Thonc.lo&vfugsaid irriptl.. dib:h Norlh 00"01'50" Woat, 1016-67 reo! to. point 00 tho
North hoondary .{said Sccdon 26;
Thoo" alo,,!! .oid Nortb boWldary South 89"10'58" 2"" '29.42!èet.. . point onth.
No"b-S,uth n>icI-.octiOD fino o{said 8..,.... 26:
lbon" I.mog said Nord> boJmdary and aJo,,!! "òd North-south mid-soclion line Sooth
OO'J7'JJ"W",,'W'.36 fod;
Prof",'onol Lo.. 5u..oyo,"
-'-~-
m__n_~_"
Jul 13 0' D3,'Op
Joo Hlok.
100.' .."530'
p.3
Th<nœNoM 73"36'13" W.... 489.15 foot:
'fh<n<o North 83"JO'4:zn W..., 232.10 fuc~
Then", ¡{o<th 54":54'4J" W"', 19655 reo,
Th""ë;North2~8'17"WOSt, 121.61 ket;
TheoooNorthll°4 '42"WOSt,I4C.90foet;
Thoncc s.ulh 81"()J"6" West, 268.51 foot ro. poinl on Iho Westbotmdmy of lb. w.
112 of!he NWll4 oCsoid Sooti.. 26;
Th= wOOS said West bowdary Sooth 00'29"'" W",- 274.02 feet:
Tbon<ol.....,..... West bouadary N- 89"09"47" W.... n99.82 feet 10 a poÙlt 00 the
W... bouodmy of said So:don 26;
Th.... "..ge.. Wostboundary NorthOInI'W" Eas~ J29,S ! /Oct'" 111. Point Of
ÐogÍDIIiJIs. CootaJniag 48.52 ..,.., more or loss.
bir~
AUG 1 q 280;
~f8IÜ
Worb J¡ePt. ..
EXHIBIT B
Findinl!s of Fact and Conclusions of Law/Conditions of Approval
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW AND
DECISION & ORDER
In the Matter of Annexation and Zoning of 47.66 Acres from RUT to R-4, AND
Preliminary Plat Approval for One-Hundred-Forty- Three Single-Family Building Lots,
Eighteen Other/Common Lots, and One Sehool Lot for Süverleaf Subdivision, AND
Conditional Use Permit Approval for a Planned Development Consisting of Single-Family
Homes with Redueed Lot Frontages and Redueed Lot SJzes, by Centennial Development,
LLC.
Case Nos. AZ-O4-024, PP-O4-031, CUP-o4-o33
For the City Couneil Hearing Date of: Oetober 19, 2004
A. Findings of Fact
L Hearing Facts
a, A notice of a public hearing was published for two (2) consecutive weeks prior to
the City Council public hearing, the first publication appearing and written notice
mailed to property owners or purchasers of record within three hundred feet (300')
of the external boundaries of the property, The notice of public hearing before the
City Council was posted upon the property under consideration more than one week
before said hearing. All other noticing was done consistent with Idaho Code §67-
6509,
b.
The matters were duly considered by the City Council at the October 19,2004,
public hearing(s). The applicant, affected property owners, and government
subdivisions providing services within the planning jurisdiction of the City of
Meridian were given full opportunity to express comments and submit evidence.
Written and oral testimony was received on this matter,' as reflected in the records
of the City Clerk (for written testimony) and in the official meeting minutes (for
oral testimony),
c,
The Planning and Zoning Commission conducted a public hearing and issued a
Written recommendation on the subject matter to the City Council.
The City Council heard and took oral and written testimony and duly considered the
evidence and the record in this matter,
d,
2, Process Facts
a. There has been compliance with all notice and hearing requirements set forth in
Idaho Code §67-6509, 6512, and Meridian City Code §§ 11-15-5 and 11-17-5 as
evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of
Posting filed with the staff report.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NOS. AZ-O4-024, PP-04.031, AND CUP-M-O33 - PAGE 1 of 5
-----------
3, Application and Property Facts
a, In addition to the application and property facts noted in the staff report and the
Planning & Zoning Recommendation for the subject application(s), it is hereby
verified that the property owner( s) of record at the time of issuance of these
findings are Donald and Jean Hobbs, and Jerry and Sandy Stevenson,
4, Required Findings per Zoning and Subdivision Ordinance '
, a. See Exhibit G for the findings required for the Annexation and Zoning application.
b. See Exhibit H for the findings required for the Preliminary Plat application.
c. See Exhibit I for the findings required for the Conditional Use Permit application.
B. Conclusions of Law
I, The City of Meridian shall exercise the powers conferred upon it by the "Local Land
Use Planning Act of1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-
6503),
, ,"
2. The Meridian City Council takes judicial notice of its Zoning, Subdivision and
, Development Ordinances codified at Titles II and 12, Meridian City Code, and all
current zoning maps thereof. The City ofMeridi~has. by ordinance,e~~Wished th~"
Impact Area and the Amended Comprehens~ve P1àJl of the City of Meriilián, which ~aS
iládoptedAugust6,2002,ResoIutioð.No.O2~382a#4MaJÍs,i"" "
, "
3.' The conditions shall be reviewablelhY the City Council pursuant to Meridiim City Code
§ 11-17-9.
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
ùupose 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 Planning and Zoning Department, the Public Works Department and
any affected party requesting notice,
7, That this approval is subject to the Legal Description in Exhibit A, the Preliminary Plat
dated June 23, 2004 as shown in Exhibit B, the Site Plan dated Jl.!ly 12,2004 as shown
in Exhibit C, and the Conditions of Approval in Exhibits D, E, and F, 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
CITY OF MERIDIAN FINDINGS OF FACT. CONCLUSIONS OF LAW AND DECISION & OIffiER
CASE NOS, AZ-04-024. PP-04.0Jl, AND CUP-o4-033 - PAGE 2 of 5
Pursuant to the City Council's authority as provided in Meridian City Code § 12-3-5 and
based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby
ordered that:
. I, The applicant' s Preliminary Plat as evidenced by having submitted the Preliminary Plat
dated June 23, 2004 is hereby conditionally approved;
2. The applicant's Site Plan as evidenced by having submitted the Site Plan dated July 12,
2004; .
3, The following modifications to site specific conditions were made at the City Council
hearing;
a) Add an additional traffic calming device on the road :&om Ten Mile
(Satinwood),
b) Comply with the Noise Evaluation Process standards set forth in ITD's
Planning & Zoning Recommendations Noise Evaluation/Mitigation, for
Chinden Boulevard (see handout); and,
4. The site specific and standard conditions of approval are as shown in Exhibits D, E, and
F.
. "", '. ' .
PleaS~ take notic~ that after the date'of approval of the preJi!ninary plat, the owner or
developer shall have one year within which to file the request for approval of the :final
plat. After approval of final plat, the owner or developer shall have one year to begin
constrUction of the public utilities and one year thereafter to complete construction of
those public facilities (MCC 12-2-4,B & C).
, "
D, Notice of }\pplicableTime Limits
1. NbticeofTwelve (12) Month Preliminary Plat puration
2, Notice ofEighteen (18) Month Conditional Use Pennit Duration
Please take notice that the conditional use permit shall be valid for a maximum period
of eighteen (18) months unless otherwise approved by the council. During this time,
the permit holder must commence the use as permitted in accordance with the
conditions of approval, satisfy the requirements set forth in the conditions of approval,
acquire building pennits and commence construction of permanent footings or
structures on or in the ground, In this context "structures" shall include sewer and
water lines, streets or building construction, The applicant has specified in the
application and to the commission and council a construction schedule and completion
date for the project If the completion date specified for the project is exceeded, the
conditional use application shall become null and void, However, the applicant may
submit an application for a time extension on the project for city council review, The
application for time extension shall be submitted at 1east thirty (30) days prior to the
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NOS, AZ-04-O24. PP.04-031, AND CUP-04-033 . PAGE 3 of S
deadline for completion of the project For proj ects requiring platting, the final plat
must be recorded within this eighteen (18) month period, For projects with multiple
phases, the eighteen (18) month deadline shall apply to the first phase. In the event that
the development is made in successive contiguous segments or multiple phases, such
phases sha1l be constructed within successive intervals of one year :&om the original
date of approval by the council. If the successive phases are not submitted within one
year intervals, the conditional approval of the future phases shall be null and void
(MCC 11-17-4.B.). .
E. Notice of Final Action and Right to Regulatory Taking¡¡ Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may
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, pursuant to Idaho Code § 67-6521 an affected person being a person who has
an interest in real property which may be adversely affected by the issuance or denial of
the conditional use permit approval may within twenty-eight (28) days after the date of
this decision and ord~ ~eek a judicial review as provided by Chapter 52, Title 67, Idaho
Code. .
F, Exhibits
Exhibit A: Legal Desèription
Exhibit B: Approved Preliminary Plat (with conditions)
Exhibit C: Approved Site Plan (with conditions)
Exhibit D: Annexation & Zoning Conditions of Approval
Exhibit E: Preliminary Plat Conditions of Approval (all agencies)
Exhibit F:
Conditional Use Permit Conditions of Approval (all agencies)
Exhibit G: Annexation and Zoning Findings
Exhibit H: Preliminary Plat Findings
Exhibit I:
Conditional Use Pennit Findings
~tion of the City Council at its regular meeting held on the
V'£hv~ 2004.
J~
day of
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASENOS. AZ-O4-O24, PP.O4-031, AND CUP-O4-033 - PAGE 4 of 5
COUNCIL ?vŒMBER SHAUN WARDLE
VOTED d"~
COUNCIL MEMBER CHRISTINE DONNELL
VOTED Þ.ØS1!N'f ~
COUNCIL MEMBER CHARLIE ROUNTREE
varnD~
VOTED~
COUNCIL MEMBER KEITH BIRD
.MA YOR TAMMY de WEERD /.'1 9 P A-
(TIEBREAKER) -v- ,-
VOTED-
Attest:
and City Attorney.
BY:~~" I¿ a IV\
1 Clerk's Office - -
Dated: \,. 2.4-04
CITY OF MERlDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NOS. AZ.04-024, PP-04-031. AND CUP-04-O33 - PAGE 5 of 5
EXHIBIT A
Legal Description
--
-
-
--
.3u1 13 D. 03, .Of
~oe HIcks
'2DB ".-5'..
p.2
i IDAHO
SURVEY
GROUP
14S0""W.,,~--,,-
SuM 15'
"""""'...."...,
"'.'C"")""'"
... (>03) .....'"
...---.--.. ------.--.-.----.-----.-.----..-
Silverlea'SubdivisioD July 13, 2004
I'roj'" No. 04-01.9
IIawidary D-rlpüOD
A IOI'COIoro..db...,aporticnofIboNWI/4S0di0n26. TAN, R.IW. B.M., Ada.
CoWtty, Idaho, more particalarly doocn"bod as fo_"
Commc"';"¡ "Ibo Nodb..... """'" .foaid Sooû.. 26. 110m which the W... 1/4 oem"
.fsaid Sec1ion bem Soulh 00"21' 10" Woo!, 26H.6t feet; ""'""'aIooøIl>oW..tloound"'Yof
...d 8......26 SouIbOO"2J'lO"WcsI, 1346.\6 fi>oIIDtb.1tEAJ, PO!\'I;t. OF:13EGINN/NG.
Thonco -iDS oaid W... bouIIduybnos.ulh89"O9'4¡"1!osf, 287.SI'fOel;
Tho:oco Soutb OInI'!O" Woo!, II.OS feo~
" : '<, ,;.:,
'J'bon<cSoulh 89'09'41"_, 1023.02 tèot...poiøI on ihoW... boundary oftbÓ'East
li2oflheNWI14ofsaid_26; .
T\Imø:o .Iongsaid W..t. boundary Nortb OO"i9'IB" B""4811.3~ foot.", .point"""
_ot..Uripliooditoh; ,
,I .
Th""",loa>Î!I8said WCII bøundory IIIId ,Ion¡: lito ......ofooid üriptipu ditch lb.
foJløwù¡g omoo --...: .
Thoa<o South 57"4~'13. .Baot, B4.S6 foot:
Thonço South 6&.OO'Z?I!aa~ 12'.75 !bot;
Thonoe Sou/h 71'25 ~1" .Baot, !11.7111zt;
Thonço Scndh 86°""'" BasI, \07,65 feo~
Thence 100mB said irrigatloo dltob Nortb 00"0' 'so" WeoI, IOI6.~7 fioot .. 'pci., on the
Nortb boUl!dlly ohaid SocIioo 26:
Th<aø. alauB ,aid N""~ ÕOOIId8rySoalh 89'10'58" Bast, !lZ9.42 root to, p.iøtoalho
North-S.1I!h mid-.ecti.. 6.. of &aid s.o.... 26;
ThonooloaviDg Baid Nodb bomIdory..d ai.og ..id North.sootb mid....'iDD line South
00'37'3'" w.... IBOS,3II11zt;
Pro'...'o.a' lo.. Surv.yo..
--.
Ju 13 04 O3.49p
Joe "'oks
1209' 99"59.>
The1IceNorth U"36' 8"W.... 489.751òet;
Thence North 83"30'42" W.... 2.32. 70 c..~
Th.... I!orth 54"54'O"W>w, J%,SS feet;
1bmu:eNorth20"i!8'L"'WCS!.121.611òet;
Theuce North 71.48'42" WesT. 140.90 reo!;
Then.. So>uh 87"03'36" W"" 268.S7 r.."". poilu "" the WCSI hotmdary cfthe-
1/2 ofthc NW1/4 ohaid 8cclion 26;
Thence aloog saið W... b.,.,dary - 00"2\1'18" Wcst, 214.02 feet,
'l'haH:oloaviDgsaidWcoIbouod"YNortb 89"09'47" Wcst,1311U2 c..1"'.poinl.."",
Weal boundary of S8Íd Section 26:
thcøoe along did W... bouødary Nonh 00"21')0" EasI, 329.S8 feet.. the Pow Of
Boginoing. Co<dainiJJs 48..52 -., I1IOte or less. ,
~~"
AUG 1 ~ 200~
~'
, I
p.3
EXHIBIT B
Approved Preliminary Plat
Silverleaf Subdivision
(File PP-Q4-031)
-".'.,".[":-, :;;:":u~~-'-_._' -- ~..... -','j¡!! "
¡':¡'-,; J -JWXI'l:1 I' 1IIIIj¡~'
".' "i' ¡ ,-.>i',., ,.. 'I"..",I.:~
r' J ~ +.; ~ . If, !,t'i'I'¡ ,'mIl.. 011.111,1101. d~r
I~ '--lifo-,...' '. jII~111J1i ,.~
:s! X"'"." ~, . .I.......J.., 1
~hl'-:;,~:';:::')~ ,!, I . 81 I!:
~ .-,-, , 'I . ~ I' .
~I ~f~>;~: I. ¡ '" ", .1 ID t,IUliL ~ilh~I!,ßIII!~
~,')ff,~Ü,;L ','If !llli;I-¡III¡~I'..._"
;¡¡;¿-"--nril'rï'j'--..., " 4"1'1'¡':~11
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¡ li.-.L! L t '
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EXHIBIT C
Approved Site Plan
Silverleaf Subdivision
(File CUP-04-033)
;J,i:. r ~-~ i,l-:~;';~!I Ii'
~ ~~;:.;1;fl'~', ,Jül IlpJ 1;!lliollb..'li,t
1 ~} (fj~~L..L.- !~i ú~M, "I Ulimll"J~
f 9~ - 0' , ~:- :AA~~~___~--~
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EXIDBIT D
Annexation and Zoning Conditions of Approval
Centennial Development, LLC
(File AZ-04-024)
The City ColU1cil of the City of Meridian hereby approves the Annexation and Zoning as
requested by the Applicant for the property described in the application, subject to the
following:
1. The legal description submitted with the application (dated 7-13-04, stamped by
Gregory G, Carter) shows the property as contiguous to the existing corporate
boundary of the City of Meridian and is approved,
2. Any existing domestic wells and/or septic systems within this project will have to be
removed ITom their domestic service, per City Ordinance Section 5-7-517, when
services are available ftom the City of Meridian. Wells may be used for non-
domestic purposes such as landscape i;ni.gation,
I I
3, All irrigation ditches, laterals or can~s"\1XPlusiveofnatura1 wateIWays,iintersecting,
crossing óf lying adjacent andcoli,tigJpus to the' parcel shall be tiled per City
Ordinance 12-4-13. Plans wiIl'lneeØ to be approved by the appropriåte
irrigation/drainage district, or lateral¡us~s associátion (ditch owners}, with writt!m
approval or non-approval submittedtõ tl;\fPublic Works Department. If lateral users
association approval can't be obtainetl,p)ans will be reviewed and approved by the
Meridian City Engineer prior to final plat signature,
4, Any future subdivision, uses and construction on this property shall comply with the
City of Meridian ordinances in effect at the time,
5. A Development Agreement will be required as part of this annexation request. A
condition of the Development Agreement shall be that the applicant participates in
any road in&astructure agreements in the North Meridian Planning Area negotiated
with ACHD and shall faithfully perform the terms of such agreement or agreements,
EXHIBIT E
Preliminary Plat Conditions of Approval
Centennial Development, LLC
(FilePP-04-031)
SITE SPECIFIC COMMENTS-PRELIMINARY PLAT
. 1. All conditions of the accompanying Annexation/Zoning (AZ-04-024) and
Conditional Use Permit (CUP-O4-033) application shall also be considered
conditions of the Preliminary Plat (pP-04-031),
2. The applicant may construct a temporary vehicular access to.chinden Boulevard
(SH 20/26), if approved by ITD, The temporary access road shall be constructed
to ACHD standards and shall be removed within two (2) months of access being
provided from either Silverleaf Way or Kingwood Drive in Lochsa Falls. If ITD
approves a temporary access to Chinden Boulevard, a note should be placed on
the final plat stating that Lot 12, Block 9 is a non-build lot until the temporary
access to ChiDden Boulevard is abandoned,
3, A minimum of two points of access will be requited fur any portion of the project,
which serves more than 50 homes, The two entrances' Shall be ~eparated by no less
than Yo the' diagonal measurement of the project... Prior to ~~suance' of the 51st
building ,Permit on the northern section oftl1e iévelopment, a secondary
. emergency access approved by the Meridian Fire~ent shall be provided, .
4. Provide p~blic stub streets to the north (Nickel :AvC:h~); and Wesf(Kingwood
Drive and ShaWn Street) as proposed, Extend thet:iilèC'~ublic ;tllbs streets
provided to this property :&om the Lochsa Falls development (Glade Creek Drive,
Powell Creek Avenue, and Tango Creek Drive) as proposed.
5. If Glade Creek Drive is not constructed and accepted by ACHD east of the site (in
Locbsa Falls), construct a temporary turnaround at the eastern terminus of
Satinwood Street that meets the design and construction standards of th~ Meridian
Fire Department and ACHD,
6, With the submittal of the final plat application, the applicant shall submit a copy
of the Ada County Street Name Conunittee's final approval letter for the street
names, subdivision name, and lot and block numbering. Make any other
corrections necessary to conform,
7, The submitted 4-page landscape plan prepared by The Land Group, Inc., dated 6-
23-04 is approved as submitted, with the following modifications:
. Amend the scale to be I" = 50' (currently shown as I" = I 00') on all sheets,
. Depict a minimum 4()"foot wide (35-foot wide currently shown) landscape
buffer along Chinden Boulevard (including a 5-fuot wide detached sidewalk),
Said landscape buffer shall be located bc;yond any future street right-of-way,
as proposed. If it is shown that the adjoiniDg Lochsa Falls Subdivision has
the sidewalk within their 35-foot landscape buffer; this project may
match that project.
. All micropaths within the proposed subdivision shall be designed in
accordance with MCC 12-13-15 "Micropath Landscaping" and MCC 12-4-3
"Pedestrian Walkways." Micropath fencing shall be constructed per MCC 12-
13-15-9.
. Construct a minimum lO-foot wide (8-feet currently shown) gravel shoulder
along Ten Mile Road and landscape the remaining portion of the right-of-way
with lawn or other ACHD approved groundcover. .
. All areas being counted toward the open space requirement shall be free of
"wet ponds" or other such nuisances, All stonnwater detention facilities
incorporated into the required open space are subject to Ordinance 12-13-14
and shall be fully vegetated with grass and trees, as depicted on the submitted
landscape plan.
Other than the changes listed above, the approved landscape plan is not to be
altered without prior written approval of the Planning & Zoning Department.
Submit 10 copies of a revised landscape plan, depicting the abòvè;:mentioiled
changes and any other changes that may be required by the Plarullll.!f & Zoning
Commission, to the City Clerk at least 10 days prior to the next public nearing,
., . :' ':')",'
8, All irrigation ditches, .lateta1s or canals,exc1usive of riatiirål'" waterwayS,
intersecting, crossing or, lying adjacent and contiguous it> theaiea being
subdivided shall be tiled per MCC 12-4-13, plans will ,need to, be Îlpproved by the
appropriate irrigation/drainage district, or lateral users association (ditch owners);
with written approval or non-approval submitted to the Public ~orks Department.
If lateral users association approval can not be obtained, plarls will bé reviewed
and approved by the City Engineer prior to final plat signature,
9, The applicant has not indicated who will own and operate the pressurized
irrigation system within this development. Underground year-round pressurized
irrigation must be provided to all lots within this development. The City of
Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water, If the pressurized irrigation system within this development is to
remain a private homeowners' association system, complete plans and
specifications shall be reviewed by the Public Works Department as part of the
development plan review process. A draft copy of the pressurized irrigation
system O&M manual shall be submitted prior to plan approval. The applicant
shall be required to utilize 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 shaI1 be responsible for the payment of assessments for the
common areas prior to signature on the final plat by the City Engineer.
10. A detailed fencing plan shall be submitted upon application of the final plat. If
permanent fencing is not provided, temporary construction fencing to contain
debris must be installed around the perimeter prior to issuance of building
pennits. All fences shall taper down to 3-feet maximum within 20 feet of all right-
of-way. All fencing shall be installed in accordance with MCC 12-4-10,
11. Maintenance of all common areas shall be the responsibility of the Silverleaf
Homeowners' Association.
12. Permanent sanitary sewer service to this development is to be provided by the
. undeveloped "North" Black Cat service area, Temporary service shall br;: via a
"private" lift station pumping the sewage generated within the development to a
discharge point in N. Ten Mile Road, The "private" lift station shall be designed
to accommodate the remaining undeveloped area of the NW portion of this
section. The developer may enter into a maintenance contract with the City of
Meridian for the operation and maintenance of the facility, Subdivision designer
to coordinate main .sizing and routing with the Public Wom Department.
Applicant shall execute City of Meridian standard fonns of easements, for any
¡pains th¡\t are reqlÚred to provide service, .
. I
13. Municipal water to this site shall be via extensions from existing ml ins in Ten
. :.~e Road; and from future mains within Lochsa Falls, Applicant wilt be
~onsible to construct the sewqr and water.mains to and through this proposed
.4!!:velopment, thereby making them available to adjacent properties. Subdivision.
dt¡signer to coordinate main siziUg and routing ~th the Public Works. ' .
:I?epartment. Applicant shall exc:!cute City of Meridian standard forms! of
. ~semenis,for any mains that arè required to provide service,
14. Direct lot access to Ten Mile Road and Chinden Boulevard is prohibited. A note
shall be placed on the final plat restricting access to Ten Mile Road and Chinden
Boulevard.
GENERAL REOUIREMENTS-PRELIMINARY PLAT
1. All grading of the site shall be perfonned in conformance with MCC 1l-]2-3H,
2, Sidewalks shall be installed within the subdivision and on the perimeter of the
subdivision pursuant to MCC 12-.]3-10-8.
3. A letter of credit or cash surety in the amount of ] 10% will be required for all
fencing, landscaping, pressurized inigation, sanitary sewer, water, etc., prior to
signature on the final plat.
4, A detailed landscape and fencing plan, in compliance with the landscape and
subdivision ordinance and as noted in this report, shall be submitted for the
subdivision with the final plat application.
5, Coordinate fire hydrant placement with the City of Meridian Public Works
Department.
6. Two-hundred-fifty and one-hundred-watt, high-pressure sodium streetlights will
be required at locations designated by the Public Works Department. All
streetlights shall be installed at subdivider's expense. Typical locations are at
street intersections and/or fire hydrants. Final design locations and quantity are
detennined after power designs are completed by Idaho Power Company, The
street light contractor shal! obtain design and permit from the Public Works
Department prior commencing installations.
7, Any tree over 4" in caliper that is removed from the property shall be replaced by
installing additional trees, being the equivalent number of caliper inches of trees
that were removed. Required landscaping trees will not be considered as
replacement trees for those trees that have to be mitigated.
8. Submit any up-dated groundwater/soils monitoring data, as collected and
analyzed by a soils scientist, to the Public Works Deparbnent for review. Any
drainage areas (detention/retention basins) must be designed to ensure that water
will percolate or discharge with a period of time not to exceed 24-hours for all
stonns up ,to and including a lOa-year stonnevents, Side slopes within drainage
areas shall not exceed, 3:1. Any portion of, a drainage area not improved with
sod/grass seed' (or other approved landsc!ij1ing) shalL not count towards the
reqUÏ!IJdqpeD¡:m>ace area. The project engineer shoulddpay close attention to the
results' offield studies determining the' groundwater, soil type & and
characteristics'during the design and construCtion phaseS. Theengirieer shall be
required to' ceì:tifY that the street centerline elevations are set a minimum of 3- feet
above the highest established normal groundwater elevation, This is to ensure
that ,the bottom elevation of the crawl spaces of homes is at least I-foot above
groundw~ter,
9, The applicant shall coordinate mailbox locations with the Meridian Post Office,
10. Any existing domestic wells and/or septic systems within this project will have to
be removed from their domestic service per City Ordinance Section 9-1-4 and
9-4-8. Wells may be used for non~domestic purposes such as landscape irrigation,
II, Compaction test results must be submitted to the Meridian Building Deparbnent
for all building pads receiving engineered backfill, where footing would sit atop
fill material.
12. Applicant's engineer will be required to submit a signed, stamped statement
certifying that all street finish centerline elevations are set a minimum of three
feet above the highest established normal groundwater elevation.
13. The applicant shall be required to pay Public Works development plan review,
and construction inspection fees, as determined during the plan review process,
prior to signature on the final plat per Resolution 02-374.
14. Staff's failure to cite specific ordinance provisions or terms of the approved
annexation/conditional use does not relieve the applicant of responsibility for
compliance,
15. Preliminary plat approval shall be subject to the expiration provisions set forth in
MCC 12-2-4.
SANITARY SERVICES COMPANY (SSe)
1. No comment.
MERIDIAN F'IRE DEPARTMENT
I. One and two family dwellings will require a fire-flow of 1,000 gallons per minute
available for duration of 2 hours to service the entire project. Fire hydrants shall
be placed an average of 400-feet apart. International Fire Code Appendix D.
2. Final Approval of the fire hydrant locations shall be by the Meridian Fire
Department. .
a. Fire Hydrants shall have the 4J1," outlet face the main street or parking lot
aisle. .
b, . ,. The Fire hydrant shallnot face a street which does not have addresses on
k .
.c.
d.
Fire hydrant markers shall be provided per Public Works spec.
Locations with fire hydrants shall have the curb painted red 10" to . each
side of the hydrant location. ..
Fire Hydrants shall be ,Placed on corners.
Fire hydrants shall not have any vertical obstructions to outlets within 10'.
e,
f.
3. The phasing plan may require that any roadway greater than 150' in length that is
not provided with an outlet shall be required to have an approved turn around.
4, All entrance and internal roads shall have a turning radius of28' inside and 48'
outside.
5. Operational fire hydrants and temporary or permanent street signs are required
before combustible construction begins.
6. To increase emergency access to the site a minimum of two points of access will be
required for any portion of the project, which serves more than 50 homes, The two
entrances shall be separated by no less than Y> the diagonal measurement of the
project. .
7. The proposed 134-lot subdivision with an estimated 2,9 residents per household
would have a total estimated population of389 residents at build Qut.
8. The Fire Department requests that any future signalization installed as the result
of the development of this project be equipped with Opticom Sensors to ensure a
safe and efficient response by fire and emergency medical service vehicles, This
cost of this installation is to be borne by the developer,
9, No parking signs and painted curbs will be required for all Fire Lanes.
MERIDIAN PARKS DEPARTMENT ,
I, Minimum acreage standard for City Park: The City is willing to develop and
maintain Community Park¡¡, Urban Parks, and Neighborhood Parks.
Neighborhood Park¡¡ will be reviewed on a case-by-case basis. The City may
choose to maintain neighborhood parks at an acreage of seven acres or larger. It
will be the responsibility of private homeowner groups or associations to develop
and maintain the smaller mini pariΠand some Neighborhood Parks in their
subdivision that the City does not maintain,
ADA COUNTY HIGHWAY DISTRICT
I, The applicant shall do one of the following:
a. Dedicate by donation a total of48-feet of right-of-way (an additiona123-feet of
right-of-way) along Ten Mile Road, and conStruct a minimum 5-foot wide :
concrete sidewalk along Ten Mile;R(Jad"located,aminimum of41-feetfrom the'
centerline of the right-of-way.
b. Do riot dedicate additional right-ot:.way, but cOnstruct a minimum'S-foot widè
concrete sidewalk along Ten Mile Road, located a minimum of 41-feet:&om the
œnterline of the right-of-way, in aneflSement provided to the District.
c. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide
concrete sidewalk along Ten Mile Road, located at the back edge of the existing
right-of-way. Accomplish all necessary adjustments to properly accommodate
existing drainage and utilities.
2. Construct a local roadway (West Satinwood Street) to intersect Ten Mile Road
approximately 160-feet south of the north property line, as proposed,
3. Construct the internal roadways as 36-foot street sections with rolled cuIb, gutter
and 5-foot concrete sidewalk within SO-feet of right-of-way, as proposed.
4, Extend Kingwood Drive fium the east property line approximately 645-feet north
of the south property line, as proposed.
5. Extend SilverleafWay:&om the south property line approximately 490-feet west
of the east property line, as proposed,
6, Extend West Satinwood Street fi:om the east property line approximately 100-feet
north of the south property line, as proposed,
7. Construct a stub street that extends to the west property line approximately 550-
feet south of State Highway 20/26 (Chinden Boulevard), as proposed, Install a
sign at the terminus of the roadway stating that, "THIS ROAD WILL BE
EXTENDED IN THE FUTURE".
8. Construct West Kingwood Drive as a stub street to the west property line
approximately 170-feet south of the north property line, as proposed. Construct a
temporary tumaroWtd at the terminus of the roadway and install a sign at the
terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN
THE FUTURE".
9. Construct North Nickel Avenue as a stub street to the north property line
approximately 550-feet east ofTen Mile Road, as proposed. Install a sign at the
terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN
THE FUTURE".
, ,
,
10, Construct Shawn Street as a stub street to the west P. roperty I. iI}e, as proposed,
Insta1l a sign at the terminus of the roadway statiJiiitbat, "THIS ROAD WILL BE
EXTENDED IN THE FUTURE". , ,¡
" """""". "';'
, 11, Construct a driveway that intersects Ten Mile Road at the nortþ property line, as
proposed, This driveway is approved to access a lift statiomniid pump house,
ONL X and is not approved to access another lot Otjùse, ,...t,
. " (, ~
12. Construct two (2) islands/medians within West Satifnwood S~t, as proposed.
Provide a minimum ofa 2 I-foot street section on either side of the proposed
island/median. Construct the island to be a minimwn of 4- feet wide with a
minimwn area of 100-square feet and shall be owned and maintained by the
homeowners association.
13. Construct four knuckles without center islands within the subdivision, as
proposed. '
14, Construct a stamped concrete crosswalk: at intersection of North Nickel Avenue
and West Satinwood Drive, as proposed,
15. Construct a special radius for the northboWtd right-turn lane at the Ten Mile Road
and West Satinwood Street intersection,
16, A portion of Silverleaf Subdivision's preliminary plat is being approved
contingent upon the right-of-way within Lochsa Falls being dedicated to the
public and the roadways being constructed or a financial surety in place for the
construction of the roadways prior to the signature of the final plat for Silverleaf
Subdivision,
17. Comply with requirements of ITD for Glenwood Street ftontage. Submit to the
District a letter from ITD regarding said requirements prior to District approval of
the final plat or issuance ofa building permit (or other required peffiÚts),
whichever occurs first. Contact District III Traffic Engineer Dan Coonce at 334-
8340,
18. Comply with all Standard Conditions of Approval.
Standard Conditions of Approval
1. Any existing irrigation facilities shall be relocated outside of the right-of-way.
2. All utility relocation costs associated with improving street frontages abutting the
site shall be borne by the developer.
3. 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.
,:i '
4. Utility street cuts in pavement less than five years old are not aUowed unless
approved in writing by the District, Contact Construction ServiCes at 387"6280
(with file numbers) for details. . ;' '
5. All design and conslr\lction shall be.in accordanëewith the'Adà coUnty Higli;!vay
District Policy Manual, ISPWC Standards ,and approved suWlemeIJts,
Construction Services procedures and all applicable ACHD,Ordinahces unless
specifically waived herein, An engineer registered in the State ofIdaho shall
prepare and certify all improvement plans,
6. The applicant shall submit revised plans for staff approval, prior to issuance of
building permit (or other required permits), which incorporates any required
design changes.
7, Construction, use and property development shall be in conformance with all
applicable requirements of the Ada County Highway District prior to District
approval for occupancy, '
8. Pa}'Illent of applicable road impact fees are required prior to building construction
in accordance with Ordinance #195, also known as Ada County Highway District
Road hnpact Fee Ordinance.
9. It is the responsibility of the applicant to verify all existing utilities within the
right-of-way. Existing utilities damaged by the applicant shall be repaired by the
applicant at no cost to ACHD. The applicant shall be required to call DIGLINE
(1-800-342-1585) 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,
10, No change in the tenus 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 the Ada County Highway
District. The burden shall be upon the applicant to obtain written confirmation of
any change from the Ada ComIty Highway District.
II, Any change by the applicant in the planned use of the property which is the
subject of this application, shall require the applicant to comply with all rules,
regulations, ordinances, plans, or other regulatory and legal restrictions in force at
the time the applicant or its successors in interest advises the Highway District of
its intent to change the planned use of the subject property unless a
waiver/variance of said requirements or other legal relief is granted pursuant to
the law in effect at the time the change in use is sought. .
SETTLERS IRRIGATION DISTRICT
I. ,. All irrigation / drainage facilities along with their easements must be proteCted '
and continue to function, The facility involved is the North Slough Lateral.
'" ,
2. A~and Use Change Applicationmustbe on file prior to any approvals.
3. A license agreement must be signed and recorded prior to conStruction of ant .
S.l,D. facilities, .
4. A1:J.y changes to the existing irrigation system such as relocation, tiling, and
landscaping must be approved by Settlers Irrigation District.
5. All storm drainage must be retained on-site.
6. The development must supply irrigation access to all lots within the above-
mentioned subdivision.
7, This property is located entirely within Settlers Irrigation District, therefore,
S,I.D. will be the irrigation entity having jurisdiction.
CENTRAL DISTRICT HEALm
1, This proposal can be approved for central sewage & central water after written
approval from appropriate entities is submitted,
2. The Applicant's central sewage and central water plans must be submitted to and
approved by the Idaho Department of Health & Welfare, Division of
Environmental Quality.
3, Run-off is not to create a mosquito breeding problem,
4, Stormwater shall be pretreated through a grassy swale prior to discharge to the
subsurface to prevent impact to groundwater and surface water quality,
5. The engineers and architects involved with the design of the subject project shall
obtain current best management practices for Stonnwater disposal and design a
stormwater management system that prevents groundwater and surface water
degradation.
IDAHO TRANSPORTATION DEPARTMENT (lTD)
1, The US 20-26 has been designated a principal arterial type IV access control.
Idaho Transportation Department is assuming that the Silverleaf Subdivision is
not asking for any (permanent) access to be granted :&om US 20-26. All the
approaches should be designed to access other Ada County Roads or thru adjacent
subdivision to cut down on access to Chinden Boulevard.
2. Noise abatement will be the responsibility of the developer and will be
constructed offoftbe State Right of Way,
MERIDIAN POLlCE DÈPARTMENT
1, No commen~s received.
EXHmIT F
Conditional Use Permit Conditions of Approval
Centennial Development, LLC
(File CUP-04-033)
SITE SPECIFIC CONDmONS (Conditional Use Permit}
I. Applicant shall meet all of the requirements of the Annexation/Zoning (AZ-O4-
024) and Preliminary Plat (pP-04-031) as a condition of the Conditional Use
Permit (CUP-04-033).
2, The project shall conform to the R-4 dimensional standards, except as follows:
.
Minimum lot size: 5,000 square-feet.
Minimum frontage: 50-feet (non cul-de-sac lots),
.
3. Provide amenities in accordance with the requirements of the City Council. The
applicant shall provide detailed open space calculations at the P &Z Commission
public hearing, clarifying What percentage of the site will be set aside as
landscaped open space. If modifications to the plat/site plan/landscape plan are
required by the Commission,~aid plan shall be submitted to the City Clerk at least
10 days prior to the publiqhearing. Unless otherwise required by the City
Council, the proposed amenities (tot-lot¡ picnic area, pathways, and open space)
shall be installed as depicted ~n the submitted landscape plan. .
4, Construction within Silverleatsubdivision shall substantially comply with the ten
(10) elevations submitted ¡by the applicant, prepared by R. Haverfield.
Construction materials used øn the structures shall be approved by the City of
Meridian Building Departmebt and in accordance with the most recent Uniform
Building Code,
5. The applicant shall work with Meridian Planning & Zoning staff, the Meridian
School District, as well as ACHD staff on striping, signage, or other means to
create an efficient crosswalk(s) design for the micropathlpathway crossings
to/from the future school site.
S~ARY SERVICES COMPANY (SSC)
1. No comment.
MERIDIAN FIRE DEPARTMENT
1. One and two family dwellings will require a :fire-flow of 1,000 gallons per minute
available for duration of 2 hours to service the entire project. Fire hydrants shall
be placed an average of 400-feet apart, International Fire Code .f\ppendix D.
2, Final Approval of the fire hydrant locations shall be by the Meridian Fire
Department. .
a. Fire Hydrants sha1l have the 4 !(," outlet face the main street or parking lot
aisle,
b. The Fire hydrant shall not face a street which does not have addresses on
it.
c,
d.
Fire hydrant markers shall be provided per Public Works spec,
Locations with fire hydrants shall have the curb painted red 10' to each
side of the hydrant location.
Fire Hydrants shall be placed on comers,
Fire hydrants shall not have any vertical obstructions to outlets within 10'.
e.
f.
3. The phasing plan may require that any roadway greater than 150' in length that is
not provided with an outlet shall be required to have an approved turn around,
4. All entrance and internal roads shall have a turning radius of 28' inside and 48'
outside,
5. Operational fire hydrants and temporary or permanent street signs are required
before combustible construction begins,
6. To increase emergency access to the site a¡ninirnum of two points of access will be
required for any portion of the project,w1U.ch serves more than 50 homes, The two
entrances shall be separated by no les~ than Y> the dlagonal measurement of the
,project. ¡\ ,
7. The proposed 134-lot subdivision with aQ estimated 2.9 residents per household
would have a total estimated populàtioIToQ89 residerits at build out,
" ,', . ,
, '
8: The Fire Department requests that any tiÁure signalization installed as the result
of the development of this project be equipped with Opticom Sensors to ensure a
safe and efficient response by fire and emergency medical service vehicles. This
cost of this installation is to be bome by the developer.
9, No parking signs and painted curbs will be required for all Fire Lanes,
MERIDIAN PARKS DEPARTMENT
1. Minimum acreage standard for City Park: The City is willing to develop and
maintain Community Parks, Urban Parks, and Neighborhood Parks.
Neighborhood Parks will be reviewed on a case-by-case basis. The City may
choose to maintain neighborhood parks at an acreage of seven acres or larger, It
will be the responsibility of private homeowner groups or associations to develop
and maintain the smaller mini parks and some Neighborhood Parks in their
subdivision that the City does not maintain.
ADA COUNTY HIGHWAY DISTRICT
I. The applicant shall do one of the following:
a. Dedicate by donation a total of 48-feet ofright-of-way (an additional 23-feet of
right-of-way) along Ten Mile Road, and construct a minimwn 5-foot wide
concrete sidewalk along Ten Mile Road, located a minimwn of 41-feet from the
centerline of the right-of-way.
b. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide
concrete sidewalk along Ten Mile Road, located a minimwn of 41- feet 1Ì"om the
centerline of the right-of-way, in an easement provided to the District.
c, Do not dedicate additional right-of-way, but construct a minimum 5-foot wide
concrete sidewalk along Ten Mile Road, located at the back edge of the existing
right-of-way. Accomplish all necessary adjUS1ments to properly accommodate
existing drainage and utilities.
2, Construct a local roadway (West Satinwood Street) to intersect Ten Mile Road
approximately 160-feet south of the north property line, as proposed.
3. Construct the internal roadways as 36-foot street sections with rolled curb, gutter
. and 5-foot concrete sidewalk within SO-feet ofright-of-war~ as proposed.
4, Extend Kingwood Drive 1Ì"om the east property line appro#mately 645-feet north
of the south property line, as proposed, ",;
i'
. "'è, .
5, Extend SilverleafWay ftom the south property line approiimately 490-feet west
of the east property line, as proposed, ' ,:~
, ,j
6. Extend WesÚ¡atinwood Street from the east property line Approximately 100-feet
north of the sOuth property line, as proposed. .1:
I .
7. Construct a stub street that extends to the west property line approximately 550-
feet south of State Highway 20/26 (Chinden Boulevard), as proposed. Instal! a
sign at the terminus of the roadway stating that, "THIS ROAD WILL BE
EXTENDED IN THE FUTURE",
8. Construct West Kingwood Drive as a stub street to the west property line
approximately 170-feet south of the north property line, as proposed. Construct a
temporary turnaround at the terminus of the roadway and instal! a sign at the
terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN
THE FUTIJRE",
9, Construct North Nickel Avenue as a stub street to the north property line
approximately 550-feet east ofTen Mile Road, as proposed. Install a sign at the
terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN
THE FUTURE",
'::1
10. Construct Shawn Street as a stub street to the west property line, as proposed,
Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE
EXTENDED IN THE FUTURE".
11, Construct a driveway that intersects Ten Mile Road at the north property line, as
proposed, This driveway is approved to access a lift station and pump house.
ONLY and is not approved to access another lot or use.
12. Construct two (2) islands/medians within West Satinwood Street, as proposed.
Provide a minimum of a 2 I -foot street section on either side of the proposed
island/median. Construct the island to be a minimum of 4-feet wide with a
minimum area of 100-square feet and shall be owned and maintained by the
homeowners association.
13, Construct four knuckles without center islands within the subdivision, as
proposed.
14. Construct a stamped concrete crosswalk at intersection of North Nickel Avenue
and West Satinwood Drive, as proposed,
15. Construct a special radius for the northbound right-turn lane at the Tèrt Mile Road
and West Satinwood Street intersection,::
.16, A portion of Silver leaf Subdivision's preliminary plat is being ¡tpproveq
contingent upon the rigbt-øf-way within Lochsli Falls being dedicated tt:\the
public and the roadways being constructed or afinancia1 sure~ in plåc~.for the
construction of the roadways prior to the. signature of the final ~Iat for8ilverleaf .
Subdivision. i ....
17. Comply with requirements ofITD for Glenwood Street frontage. Submit to the
District a letter from IT'D regarding said requirements prior to District approval of
the final plat or issuance of a building pennit (or other required permits),
whichever occurs first. Contact District III Traffic Engineer Dan Coonce at 334-
8340.
18. Comply with all Standard Conditions of Approval.
Standard Conditions of ApprovaJ
1. Any existing irrigation facilitie.s shall be relocated outside of the right-of-way.
2. All utility relocation costs associated with improving street ftontages abutting the
site shall be borne by the developer.
3, 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,
4, Utility street cuts in pavement less than five years old are not allowed unless
approved in writing by the District, Contact Construction Services at 387-6280
(with file numbers) for details,
5. All design and construction shall be in accordance with the Ada County Highway
District Policy Manual, ISPWC Standards and approved supplements,
Construction Services procedures and all applicable ACHD Ordinances unless
specifically waived herein. An engineer registered in the State of Idaho shall
prepare and certify all improvement plans,
6. The applicant shall submit revised plans for staff approval, prior to issuance of
building permit (or other required permits), which incorporates any required
design changes,
7, Construction, use and property development shall be in conformance with all
applicable requirements of the Ada County Highway District prior to District
aPpfOval for occupancy,
.8. Payment of applicable road impact fees are required prior to building construction
in accordance with Ordinance #195, also known as Ada County Highway District!'..
Road Impact Fee Ordinance. .
9, It is the responsibility of the applicantw verify all existing utilities withinthe. .
right-of-way, Existing utilities damaged by the applicantmtall be repaÏre ! by the "
applicant at no cost to ACHD. The applicant shall be required to call DIGLINE ,
(1-800-342-1585) at least tWo full business days prior to breaking groun4within.!
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.
1O, 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 the Ada County Highway
District. The burden shall be upon the applicant to obtain written confirmation of
any change :&om the Ada County Highway District.
II, Any change by the applicant in the planned use of the property which is the
subject of this application, shall require the applicant to comply with all rules,
regulations, ordinances, plans, or other regulatory and legal restri ctions in force at
the time the applicant or its successors in interest advises the Highway District of
its intent to change the planned use of the subject property unleSs a .
waiver/variance of said requirements or other legal relief is granted pursuant to
the law in effect at the time the change in use is sought.
SETTLERS IRRIGATION DISTRICT
1. All irrigation / drainage facilities along with their easements must be protected
and continue to function. The facility involved is the North Slough Lateral.
2. A Land Use Change Application must be on file prior to any approvals.
3. A license agreement must be signed and recorded prior to construction of any
S.I,D, facilities,
4. Any changes to the existing irrigation system such as relocation, tiling, and
landscaping must be approved by Settlers Irrigation District.
5, All storm drainage must be retained on-site.
6, The development must supply irrigation access to all lots within the above-
mentioned subdivision.
7. This property is located entirely within Settlers Irrigation District, therefore,
S.I.D. will be the irrigation entity having jurisdiction.
CENTRAL¡DISTRlCf HEALTH
1. Thi~ Proposal can be approved for central sewage & central water after written
approval from appropriate entities is submitted.
2, ,:¡þe^pplicant's central sewage and central water plans must be submitted to and
IIRPJ;'Oved by the Idaho Department ofHea1th &'Wclfure, Division of
Environmental Quality. ' ,,' '. ,
3. Run-off is not to create a mosquito breeding problem.
4. Stormwater shall be pretreated through a grassy swale prior to discharge to the
subsurface to prevent impact to groundwater and surface water quality,
5, The engineers and architects involved with the design of the subject project shall
obtain current best management practices for stormwater disposal and design a
stonnwater management system that prevents groundwater and surface water
degradation,
IDAHO TRANSPORTATION DEPARTMENT (lTD)
1, The US 20-26 has been designated a principal arterial type IV access control,
Idaho Transportation Department is assuming that the Silverleaf Subdivision is
not asking for any (permanent) access to be granted ftom US 20-26. All the
approaches should be de¡¡igned to access other Ada County Roads or thru adjacent
subdivision to cut down on access to Chinden Boulevard.
2,'
Noise abatement will be the responsibility of the developer and will be
constructed off of the State Right of Way.
MERIDIAN POLICE DEPARTMENT
1. No comments received.
'~"
't,
EXHIBIT G
Annexation and Zoning Findings
Silverleaf Subdivision
(File AZ-04-024)
The City Council hereby approves the following analysis of required findings by staff:
According to Meridian City Code (MCC) 11-15-11, General Standards Applicable to
Zoning Amendments, both the Planning & Zoning Commission and Council are required
~to review the particular fm:ts and circumstances of each proposed zoning amendment
in terms of the following standards and shall .find adequate evidence annvering the
following questions about the proposed zoning amendment. »
The following is the list of standards found in II-IS-II and analysis by staff:
A.
Will the new zoning be harmonious with and in accordance with the
Comprehensive Plan and, if not, has there been an application for a
Comprehensive Plan amendment;
In Chapter VII of the Comprehensive Plan, 'medium deIlsi ty' is. defined as
areas including single-fa¡nily homes at densities of three to eight dwelling
units per acre; 'low density' consist of single-family J:¡bmes at densities of
three dwelling. units or less per acre. Staff finds tluj.t the requested zoning
designation; R-4, is harmonioUs with and in IICCØrdl!nce with th¡: 2002
Comprehensiv~ Plan and' FutureLand Use Map; which designates the land
to be "Low Density Residential" near ChindenBoulevard, and "Medium
Density Residential" for the southern portion of the sit!!. In addition, in the
applicant's cover letter (from Shawn Nickel, dated July 15, 2004) several
Comprehensive Plan policies are listed, all of which support the
annexation and proposed residential use of the property.
B.
Is the area included in the zoning amendment intended to be rezoned
in the future;
Concurrent with the annexation and zoning application, the applicant has
submitted a preliminary plat proposing single-family lots on the subject
site (Silverleaf Subdivision, PP-04-03I), Staff does not anticipate that the
applicant plans to rezone the subject property in the future if the
accompanying CUP and PP applications are approved,
C.
Is the area included in the zoning amendment. intended to be
developed in the fashion that would be allowed under the new zoning
-for example, a residential area turning into a commercial area by
means of conditional use permits;
Staff finds that the proposed single-family development could be allowed
within the requested R-4 zone, if the accompanying Conditional Use
Permit for a Planned Development is also approved.
D.
Has there been a chuge in the area or adjacent areas which may
dictate that the area should be rezoned. For example, have the streets
been widened. new railroad access been developed or planned or
adjacent area being developed in a fasbion similar to the proposed
rezone area;
Staff finds that the land to the south and east have been developed in a
manner sirnilar to the proposed subdivision, with single-family dweUing
units. Lochsa Falls Subdivision to the south and east was approved with a
gross density of2,92 dwelling units per acre.
There have been no recent street improvements in the area, Further,
neither Ten Mile Road nor Linder Road is currently scheduled within
ACHD's Five Year Work Program or Capital Improvements Plan (CIP)
for roadway widening. Chinden Boulevard is not in ITD's current STIP
for roadway improvements (is in corridor preservation),
Pennanent sanitary sçwçr service to this d~elopment is to.be pn3vided by
the undeveloped "NorJ;l1" Black C,iltservipe area" The applicant proposes
temporarily pumpingr¡the sewage ,generated within the development to a
discharge point in N.,Ten Mile Road. The Public Works DeÞartn:lent does
not have concerns M$thiS concePt, provided that the "private" ~ft station
is designed to accdmmpdate the r~aining unçIeveloped area. of $.e NW
portion of this section. Other urban services, such as water, are near to
this site and the applicant should be able to extend such services to the
site, Staff finds that the subject site is proposed for development in a
fashion similar to other properties in the area,
E.
Will the proposed uses be designed, constructed, operated and
maintained to be harmonious and appropriate in appearance with the
existing or intended character of the general vicinity and that such use
will not change the essential character of the same area;
Staff finds that the proposed R-4 zoning and subsequent residential use
proposed with the concwrent preliminary plat match the intended
character of the vicinity, as noted on the Future Land Use Map in the
Comprehensive Plan. Staff also finds that the proposed zoning/uses can be
designed and constructed in a manner that will be harmonious with, and
appropriate in appearance with, the existing and intended character of the
surrounding area, The existing character of the area wiU, and is, currently
changing, especially upon build-out of the proposed project and other
similar subdivisions in the general vicinity. Staff does not find that the
G.
proposed zoning/uses will adversely change the essential character of area.
See Preliminary Plat Analysis below for further information.
F.
Will the proposed uses Dot be hazardous or disturbing to existing or
future neighboring UIleS;
Due to other existing and proposed uses near the site, staff does not
anticipate that the proposed zoning/uses will be hazardous to future or
existing uses or neighbors in the area. Staff does not anticipate that the
proposed residential uses will be hazardous as long as the conditions
outlined in this report are complied with and construction traffic and house
construction is conducted in a manner consistent with City Code. Staff
recommends that the Commission and Council rely on public testimony to
determine whether the proposed use will be disturbing or hazardous to the
neighboring uses.
Will the area be served adequately by essential public facilities and
services such as highways, streets, police and fire protection, drainage
strDCtures, refuse disposal, water, sewer or that the person responsible
for the estabUshment of proposed zoning amendment shall be able to
provide adequately any of such services;
Permanent sanitary sewer service tgtbiil:dwelopment is to be provided by
the Ul'\dweloped "North" Black Catscm<ice area. The applicant proposes'
"I temporarily pumping the sewage generated' within the development to a
discharge point in N. Ten Mile Rmid.4ne Public Works Department does
not have concerns with this concept, provided that the "private" lift station
is desigued to accommodate the rernaiDing undeve1oped area of the NW
portion of this section. Other urban services, such as water, are near to
this site and the applicant should be able to extend such services to the
site, Water to serve this development is existing or currently under
development with Lochsa Falls Subdivision. The applicant shall be
responsible for the extension of utilities to and through this proposed
development. Sizing and routing shall be coordinated with the Public
Works Department.
The applicant and/or future property owners will be required to pay park
and highway impact fees as well as construct on-site storm water drainage
facilities,
As of the print deadline for this report, the ACHD has not had a chance to
review and comment on the Traffic Impact Study (TIS) for this
development. Therefore, there is no staff report from ACHD and this i tern
has not yet beèn scheduled on an ACHD agenda, Please review any
comments that may be sent from ACHD between the print deadline and
theh~g, .
J.
Based on the comments received ftom other agencies/departments, staff
:finds that the public services listed above can be made available to
accommodate the proposed development. The Commission and Council
should reference any written and/or verbal testimony submitted by any
public service provider, regarding their ability to adequately service this
project. Further, the Commission and Council should determine if the
above finding can be made without ACHD's analysis of this development
on the roadway system,
H.
Will not create excessive additional requirements at public cost for
public facilities and services and will not be detrimental to the
economic welfare of the community;
If approved, the developer will be financing the extension of sewer, water,
local street infi:astructure, utilities and inigation services to serve the
project. The primary public costs to serve the future reSidents will be fire,
police, school facilities and services, Staff:finds there will not be excessive
additional requirements at public cost and that the annexation and zoning
will not be detrimental to the community's economic welfare,
L
Will the proposed uses not involve uses, activities, processes,
niaierials, equipmmt and conditionsof,.opcration"thatwill be
. detr1Daental to any persons, property or thê:general welfare by reason
o~ ~xcessive production of tramc,;~oise, smoke. fumes, g¡åre or òdors;
AccQroingto the Traffic Impact Study (TIS) prepared by the Washington
Group International the proposed project is anticipated to generate 1,921
vehicle trips per day. Staff recognizes that traffic and noise will increase
with the approval of this subdivision; however, staff does not believe that
the amount generated will be detrimental to the general welfare of the
public, Staff does not anticipate the proposed annexation and subsequent
uses will create excessive noise, smoke, fumes, glare,. or odors. Staff finds
that the proposed residential zoning/uses will not be detrimental to people,
property or the general welfare of the area.
Will the area have vehicular approaches to the property which shall
be so designed as not' to create an inteñerence' with traffie on
surrounding public streets;
The applicant is proposing to construct one public street entrance into the
site from Ten Mile Road and one temporary access into the site ftom
Chinden Boulevard (SH 20/26). The applicant is also proposing to extend
two stub streets into the site that were approved with the Lochsa Falls
development. If the proposed vehicular approaches (streets) are approved
and accepted by ACHD, staff does not believe that the subdivision will
create inte¡ference with traffic on the SUlTounding public streets. Please
review the ACHD report for this project for additional infonnation
regarding this finding.
K.
Will not result in the destruction, loss or damage of a natural or scenic
feature of major importance; and
Staff finds that no natural or scenic features of major importance will be
lost or damaged by approving the annexation and rezone, Any existing
trees larger than 4" caliper that are removed should be mitigated for, per
the Landscape Ordinance.
L.
Is the proposed zoning amendment in the best interest of the City of
Meridian. (Ord. 592.11-17-1992)7
Staff finds that all essential services are available or will be provided by
the developer to the subject property and will not require unreasonable
expenditure of public funds. The applicant is proposing to develop the
land in substantial compliance with the City's comprehensive plan. The
land east and south of the subject property was previously annexed into
the City and this is a logical expansion of existing zoning and land uses. In
accordance with the findings listed above, staff finds that the
anneXation/rezone of this prbDerìv wòU1d be in the best interest of the
.;'City: ' ": ' ,;,""
EXHIBIT H
Preliminary Plat Findings
Silverleaf Subdivision
(File PP-04-031)
The City Council hereby approves the following analysis of required findings by staff:
Sections 12-3-3 J.2 and 12-3-5 D read as follows: "In determining the acceptance of a
proposed subdivisiun. the Commission/Council shall consider the objectives of this title
and at least the following:
A.
The conformance of the subdivision with the Comprehensive
Development Plan;
In Chapter VII of the Comprehensive Plan, 'medium density' is defined as
areas including single-family homes at densities of three to eight dwelling
units per acre; 'low density' consist of single-family homes at densities of
~ dwelling units or less per acre. Staff finds that the proposed single-
family residential subdivision, with a gross density of 3.0 dwelling units
per acre, is hannonious with and in accordani:ê with the 2002
Comprehensive Plan and Future Land Use Map, which designates the land
to b,e "Medium Density Residential" and "Low Density Residential". near
Çhú;¡den Boul~ard (provided the Commission and Council grant the
requested planned development). '
B.
The avaDability of pubUc services to accC!~odate the proposed
development; ,
Staff finds that public services are available or can be made available to
accommodate the proposed development. See Annexation and Zoning
Analysis "G" and "If' above.
c.
The continuity of the proposed development with the capital
improvement program;
Because the developer is installing sewer, water, and utilities for the
development at their cost, staff finds that the subdivision will not require
the expenditure of capital improvement funds.
D.
The pubUc financial capability of supporting services for the proposed
development;
The development will not require major expenditures for providing
supporting services. Staff recommends the Commission and Council rely
upon comments submitted from the public service providers (i,e, police,
fire, ACHD, etc) to determine this finding. (See finding "G" under
Annexation and Zoning Analysis above, and the Agency Comments and
Conditions at the end of this report for more detail.) .
E.
The other health, safety or environmental problems that may be
brought to the Commission's attention.
Staff finds that there should not be any health, safety or environmental
problems associated with this subdivision that should be brought to the
Council or Commission's attention. ACHD considers road safety issues in
their analysis; no hazimious natural features have been identified on the
site. Stafffinds the Commission and Council should rely on any public
testimony that may be presented to determine whether the proposed use
may cause health, safety or environmental problems that staff is unaware
ot
EXHIBIT I
Conditional Use Permit Findings
Silverleaf Subdivision
(File CUP-04-033)
The City Council hereby approves the following analysis of required findings by staff:
The Commission and Council shall review the particular facts and circumstances of each
proposed conditional use in terms of 1he following and may approve a conditional use
permit if they shall find evidence presented at the bearing(s) is adequate to est~blish (11-
17-3):
A.
Tbat the site is large enough to accommodate the proposed use and all yards,
open spaces, parking, landscaping and other features as may be required by
this ordinance;
As part of the Planned Development (PD) the applicant is requesting relief from
1he standard street ftontage requirement and lot size of the R-4 zone, as required
by Meridian City Code. See Special Consideration #1 below for detailed analysis.
Staff finds Ø11!1 the subject property is large enough to ac()ommodate the requested
use and, all other req~d features. Although the site is large enough.to
accommodate. ~ of the features required by ordinance, the applicant has asked,
through the Planned Development, to moditYspecific development standards,
B.
That the proposed use and development plan wiD be barmoniouswith the
Meridian Comprehensive Plan and in accordance with the requirements of
this OrdinllDce;
Staff finds that the proposed single-family residential subdivision, with a gross
density of 3.0 dwelling units per acre, is harmonious with and m accordance with
the 2002 Comprehensive Plan and Future Land Use Map, which designates the
land to be "Medium Density Residential," and "Low Density Residential," near
Chinden Boulevard (provided the Commission and Council grant the requested
planned development),
c.
That the design, construction, operation, and maintenllDce will be compatible
with other uses in the general neighborhood and with the existing or
intended character of the general vicinity and that sucb use will not adversely
change the essential character of tbe same area;
Staff finds that the general design, construction, operation, and maintenance
should be compatible with other uses in the general neighborhood and with the
existing or intended character of the area.
-
D.
That the proposed use, Hit complies with aD conditions of the approval
imposed, will not adversely affect other property in the vicinity;
Staff does not anticipate that the proposed development will have an adverse
impact on the sUIrounding property, However, staff recommends that the
Commission and Council rely upon public testimony, staff's analysis, and other
agency comments when determining if the proposed uses will adversely affect the
other properties in the vicinity.
E.
That the proposed use will be served adequately by essential public facilities
and services such as highways, street, police, and fire protection, drainage
structures, refuse disposal, water, sewer or that the person responsible for
the establishment of proposed conditional use shaD be able to provide
adequately any such services;
Please see Annexation and Zoning Analysis "0" and "H" above, the Other
Agency/Department Comments and Conditions at the end of this report, and any
comments that may be submitted to the City Clerk regarding this project.
F.
That the proposed use will not create excessive additional requirements at
public cost for public .facilities and services and will not be detrimental to the
economic welfareoftbe community;
. . ,
. . ,
If approved, the.d~el<!per will be, financing the extension o( ~wer¡ water, ,local
street inftastructure,utilities and irrigation services to serVe, the iProject.The
primary public costs. to serve the future residents will be fire, police, school
facilities' and services. Staff finds there will not be excessive additional
requirements at public cost and that the proposed development will not be
detrimental to the community's economic welfare.
G.
That the proposed use will not involve aetivities or processes, materials,
equipment, and conditions of operation that will be detrimental to any
perIODS, property, or general welfare by reason of excessive. production of
traffic, noise, smoke, fumes, glare or odors;
Please see Annexation and Zoning Analysis "I" above, Staff recognizes that
traffic and noise will increase with the approval of this subdivision; however, staff
does not believe that the amount generated will be detrimental to the general
welfare of the public. Staff does not anticipate the proposed development will
create excessive noise, smoke, fumes, glare, or odors. Staff finds that the
proposed residential use will not be detrimental to people, property or the general
welfare of the area.
H.
That the proposed use will have vehicular approaches to the property which
shall be so designed as not to create an interference with traffic on
surrounding public streets;
,~.
-1'.
Staff does not believe that the proposed vehicular approaches will create an
interference with traffic on the surrounding public streets. Please see Annexation
and Zoning Analysis "]" above. However, neither ACHD nor ITD have provided
the City with a detailed review (staff report) on the proposed vehicular
approaches. The Commission and Council should review any comments the
ACHD and/or ITD provide for this project when determining this finding,
I.
That the proposed use will not result in the destruction, loss or damage of a
natural, scenic or historic feature considered to be of major importance.
See comments under Annexation and Zoning Analysis "K" above,
','~J:":MIII-b....