Z - Development AgreementADA COUNTY RECORDER Christopher D. Rich 2018-111711
BOISE IDAHO Pgs=41 BONNIE OBERBILLIG 11/26/2018 10:06 AM
CITY OF MERIDIAN, IDAHO NO FEE
to] D) 01 W0 I Die I W.-TOLS N D)
PARTIES: 1. City of Meridian
2. 943 W. McMillan Road LLC, Owner
3. 4345 Linder Road, LLLP, Developer
THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into
this 2001 day of
, 2018, by and between City of Meridian, a municipal
corporation of the State of Idaho, hereafter called CITY whose address is 33 E. Broadway Avenue,
Meridian, Idaho 83642 and 943 W. McMillan Road LLC whose address is 13967 Wainwright Drive,
Suite 102, Boise, ID 83713 hereinafter called OWNER and 4345 Linder Road, LLC, whose address
is 13967 W. Wainwright Drive, Suite 102, Boise, ID 83713 hereinafter called DEVELOPER,
1.1 WHEREAS, Owner is the sole owner, in law and/or equity, of certain tract of
land in the County of Ada, State of Idaho, described in Exhibit "A", which is
attached hereto and by this reference incorporated herein as if set forth in full,
herein after referred to as the Property; and
1.2 WHEREAS, Idaho Code § 67-6511 A provides that cities may, by ordinance,
require or permit as a condition of zoning that the Owners and/or Developer
make a written commitment concerning the use or development of the subject
Property; and
1.3 WHEREAS, City has exercised its statutory authority by the enactment of
Section 11-513-3 of the Unified Development Code ("UDC"), which
authorizes development agreements upon the annexation and/or re -zoning of
land; and
1.4 WHEREAS, Owner and/or Developer have submitted an application for the
annexation of 40.6 acres of land, described in Exhibit "A" to the R-4 (Medium
Low Density Residential) zoning district, under the Unified Development
Code, which generally describes how the Property will be developed and what
improvements will be made; and
1.5 WHEREAS, Owners and/or Developer made representations at the public
hearings both before the Meridian Planning & Zoning Commission and before
the Meridian City Council, as to how the Property will be developed and what
improvements will be made; and
DEVELOPMENT AGREEMENT— WHITECLIFF ESTATES SUBDIVISION (H-2018-0074) PAGE 1 OF 8
1.6 WHEREAS, the record of the proceedings for the requested annexation and
zoning of the Property held before the Planning & Zoning Commission, and
subsequently before the City Council, includes responses of government
subdivisions providing services within the City of Meridian planning
jurisdiction, and includes further testimony and comment; and
1.7 WHEREAS, on the 21h day of October, 2018, the Meridian City Council
approved certain Findings of Fact and Conclusions of Law and Decision and
Order ("Findings"), which have been incorporated into this Agreement and
attached as Exhibit "B"; and
1.8 WHEREAS, the Findings require the Owner and/or Developer to enter into a
Development Agreement before the City Council takes final action on final
plat; and
1.9 WHEREAS, Owner and/or Developer deems it to be in its best interest to be
able to enter into this Agreement and acknowledges that this Agreement was
entered into voluntarily and at its urging and request; and
1.10 WHEREAS, City requires the Owner and/or Developer to enter into a
development agreement for the purpose of ensuring that the Property is
developed and the subsequent use of the Property is in accordance with the
terms and conditions of this Agreement, herein being established as a result of
evidence received by the City in the proceedings for zoning designation, from
government subdivisions providing services within the planning jurisdiction
and from affected property owners and to ensure zoning designation are in
accordance with the amended Comprehensive Plan of the City of Meridian on
October 11, 2016, Resolution No. 16-1173, and the UDC, Title 11.
NOW, THEREFORE, in consideration of the covenants and conditions set forth
herein, the parties agree as follows;
2. INCORPORATION OF RECITALS: That the above recitals are contractual and
binding and are incorporated herein as if set forth in full.
3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and
phrases herein contained in this section shall be defined and interpreted as herein provided for, unless
the clear context of the presentation of the same requires otherwise:
3.1 CITY- means and refers to the City of Meridian, a parry to this Agreement,
which is a municipal Corporation and government subdivision of the state of
Idaho, organized and existing by virtue of law of the State of Idaho, whose
address is 33 East Broadway Avenue, Meridian, Idaho 83642.
3.2 OWNER: means and refers to 943 W. McMillan Road LLC whose address
isl 3967 W. Wainwright Drive, Suite 102, Boise, ID 83713, the parties that
own said Property and shall include any subsequent owner(s) of the Property.
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Meridian City Council Meeting Agenda November 20, 2018 — Page 240 of 370
3.3 DEVELOPER: means and refers to 4345 Linder Road, LLC, whose
address is 13967 W. Wainwright Drive, Suite 102,Boise, ID 83713,theparty
that is developing said Property and shall include any subsequent developer(s)
of the Property.
3,4 PROPERTY: means and refers to that certain parcel(s) of Property located
in the County ofAda, City of Meridian as described in Exhibit "A" describing
the parcels to be re -zoned R-4 (Medium Low Density Residential) zoning
district and attached hereto and by this reference incorporated herein as if set
forth at length.
4. USES PERMITTED BY TIT AGREEMENT: This Agreement shall vest the right
to develop the Property in accordance with the terms and conditions of this Agreement.
4.1 The uses allowed pursuant to this Agreement are only those uses allowed
under the UDC.
4.2 No change in the uses specified in this Agreement shall be allowed without
modification of this Agreement.
5CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY:
5.1. Owners and/or Developer shall develop the Property in accordance with the
following special conditions:
a. Future development of this site shall be generally consistent with the preliminary plat, and
building elevations depicted in Exhibit Aand the revisions, noted in the staff report,
b. The applicant shall comply with the submitted home elevations attached in Exhibit A.4.
The rear and/or side of structures that face arterial or collector streets (Lots 3-10 of Block
2, and Lots 1-11 of Block 1), shall incorporate articulation through changes in two or
more of the following: modulation (eg. — projections, recesses, step -backs, pop -outs),
bays, banding, porches, balconies, material types, or other integrated architectural
elements to break up monotonous wall planes and roof lines that are visible from the
subject public street. Single -story structures are exempt from this requirement.
c. The site shall develop with a minimum of 10.05% open space (4.79 acres) and shall
include the following amenities- a children's play structure, an internal pathway system
and a shuffle board court.
d. Lot 1, Block 3 with its associated amenities shall be constructed with the first phase ofthe
development,
e. The 5 -foot detached sidewalk and 25 foot landscape buffer along W. McMillan Road shall
be constructed with the first phase of development.
f. The applicant shall remove the existing home prior to approval of the first final plat.
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6. COMPLIANCE PERIOD This Agreement must be fully executed within six (6)
months after the date of the Findings for the annexation and zoning or it is null and void.
7. DEFAULT/CONSENT TO DE -ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
7.1 Acts of Default. Either party's failure to faithfully comply with all of the
terms and conditions included in this Agreement shall constitute default under
this Agreement.
7,2 Notice and Cure Period. In the event of Owners and/or Developer's default
of this Agreement, Owner and/or Developer shall have thirty (30) days from
receipt of written notice from City to initiate commencement of action to
correct the breach and cure the default, which action must be prosecuted with
diligence and completed within one hundred eighty (180) days; provided,
however, that in the case of any such default that cannot with diligence be
cured within such one hundred eighty (180) day period, then the time allowed
to cure such failure may be extended for such period as may be necessary to
complete the curing of the same with diligence and continuity.
7.3 Remedies. In the event of default by Owner and/or Developer that is not
cured after notice as described in Section 7. 2, Owners and/or Developer shall
be deemed to have consented to modification of this Agreement and de -
annexation and reversal of the zoning designations described herein, solely
against the offending portion of -Property and upon City's compliance with all
applicable laws, ordinances and rules, including any applicable provisions of
Idaho Code §§ 67-6509 and 67-6511. Owner and/or Developer reserve all
rights to contest whether a default has occurred. This Agreement shall be
enforceable in the Fourth Judicial District Court in Ada County by either City
or Owner and/or Developer, or by any successor or successors in title or by the
assigns of the parties hereto. Enforcement may be sought by an appropriate
action at law or in equity to secure the specific performance of the covenants,
agreements, conditions, and obligations contained herein.
7.4 Delay. In the event the performance of any covenant to be performed
hereunder by either Owner and/or Developer or City is delayed for causes that
are beyond the reasonable control of the party responsible for such
performance, which shall include, without limitation, acts of civil
disobedience, strikes or similar causes, the time for such performance shall be
extended by the amount of time of such delay,
7.5 Waiver. A waiver by City of any default by Owner and/or Developer of any
one or more of the covenants or conditions hereof shall apply solely to the
default and defaults waived and shall neither bar any other rights or rein edies
of City nor apply to any subsequent default of any such or other covenants and
conditions.
DEVELOPMENT AGREEMENT — WHITECLIFF ESTATES SUBDIVISION (H-2018-0074) PAGE 4 OF 8
Meridian City Council Meeting Agenda November 20, 2018 — Page 242 of 370
8. INSPECTION: Owner and/or Developer shall, immediately upon completion of any
portion or the entirety of said development of the Property as required by this Agreement or by City
ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written
approval of such completed improvements or portion thereof in accordance with the terms and
conditions of this Agreement and all other ordinances of the City that apply to said Property.
9. REQUIREMENT FOR RECORDATION: City shall record this Agreement,
including all of the Exhibits, 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 re -zoning of the Property
by the City Council. If for any reason after such recordation, the City Council fails to adopt the
ordinance in connection with the annexation and zoning ofthe Property contemplated hereby, the City
shall execute and record an appropriate instrument of release of this Agreement.
to. ZONING: City shall, following recordation of the duly approved Agreement, enact a
valid and binding ordinance zoning the Property as specified herein.
ti. SURETY OF PERFORMANCE: The City may also require surety bonds,
irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under the
UDC, to insure the installation of required improvements, which the Owner and/or Developer agree to
provide, if required by the City.
12, CERTIFICATE OF OCCUPANCY:, No Certificates of Occupancy shall be issued
in any phase in which the improvements have not been installed, completed, and accepted by the City,
or sufficient surety of performance is provided by Owner and/or Developer to the City in accordance
with Paragraph I I above.
13. ABIDE BY ALL CITY ORDINANCES: That Owners and/or Developer agree to
abide by all ordinances of the City of Meridian unless otherwise provided by this Agreement.
14. NOTICES: Any notice desired by the patties and/or required by this Agreement shall
be deemed delivered if and when personally delivered or three (3) days after deposit in the United
States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as
follows:
CITY:
City Clerk
City of Meridian
33 E. Broadway Ave.
Meridian, Idaho 83642
OWNER:
943 W McMillan Road LLC
13967 W. Wainwright Drive, Suite 102
Boise, ID 83713
with copy to:
City Attorney
City of Meridian
33 E. Broadway Avenue
Meridian, Idaho 83642
DEVELOPER:
4345 Linder Road, LLC
13967 W. Wainwright Drive, Suite 102
Boise, ID 83713
14.1 A party shall have the right to change its address by delivering to the other
party a written notification thereof in accordance with the requirements of this section.
DEVELOPMENT AGREEMENT — WHITECUFF EsTATEs SuBDIvisioN (H-2018-0074) PAGE 5 of 8
Meridian City Council Meeting Agenda November 20, 2018 — Page 243 of 370
15. ATTORNEY FEES: Should any litigation be commenced between the pat -ties 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 pro -vision shall be deemed to be a separate contract between the parties and shall
survive any default, termination or forfeiture of this Agreement.
16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time
is strictly of the essence with respect to each and every term, condition and provision hereof, and that
the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default
under this Agreement by the other party so failing to perform.
17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure
to the benefit of the parties' respective heirs, successors, assigns and personal representatives,
including City's corporate authorities and their successors in office. This Agreement shall be binding
on the Owner and/or Developer, each subsequent owner and any other person acquiring an interest in
the Property. Nothing herein shall in any way prevent sale or alienation 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 have fully performed their obligations under this
Agreement.
18. INVALID PROVISION: If any provision of this Agreement is held not valid by a
court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement
and the invalidity thereof shall not affect any of the other provisions contained herein.
19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided, each party
shall act reasonably in giving any consent, approval, or taking any other action under this Agreement.
20. COOPERATION OF THE PARTIES: In the event of any legal or equitable action
or other proceeding instituted by any third party (including a governmental entity or official)
challenging the validity of any provision in this Agreement, the patties agree to cooperate in
defending such action or proceeding.
21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements,
agreements, condition and understandings between Owner and/or Developer and City relative to the
subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral
or written, express or implied, between Owner and/or Developer and City, other than asii 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
duty adopted ordinance or resolution of City.
21.1 No condition governing the uses and/or conditions governing re -zoning of the subject
Property herein provided for can be modified or amended without the approval of the
DEVELOPMENT .AGREEMENT— WHiTECLIFF ESTATES SUBDIVISION (H-2018-0074) PAGE 6 OF 8
Meridian City Council Meeting Agenda November 20, 2018 — Page 244 of 370
City Council niter the City has conducted public hearings) in aceorciance with the
notice provisions provided for a zoning designation and/or amendment in Force at the
time of the p 9posed amendment..
22 EFFECTIVE DATE GTA GREEMI ENT: This Agreement shall be effective on tho
date the Meridian City Council shall adopt the amendment to the Mecldian Zoning Ordinance in
connection Nvith the annexation and zoning of the Property and execution of the Mayor and City
Clerk.
tend of text; signatures, acknowledgements,, and Exhibits ,A and B follow]
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement and made
it effective as hereinabove provided,
CITY OF ME, RIDIAiV
Count ldie %
ATTEST:
DEVGLOPMRN'r:AoREENONT-WHIMLIFP Emu's SuBDIVI5I{7N (H-2018-0074) PAGE 7 or 8
STATE OF Maho
County of Ado
ft
Oil this day of v2OlS,before itie,the tihdcrsigiied,allo ryPublicitin d ror said State, 0monally
"a 1111mmi nr identified to me to be t he ;ve_rf =7 of943 , W McMillan
Road LLC, and the person 4ho signed above and acknowledged to ine flint lie executed the same on behalf of said
Corporation.
IN WITNESS WHEREOF, I have hereunto set illy
owificitte first above
(SEAL)
WCOM06100 I MCI
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My
STATE OF Idaho
� 44 111 WON
County of Ada
affixed my official sent the day and Year it, this
On this da v of 0442018, before me, the undersigned, a Nlotim%Public in and for said State, personally
alveare , d known or identified to ine to be the FVeV,-AA-,4" of 434.5 Linder
Road, LLC, and �Ihetpersowho signed above and acknowledged to me thii he executed the same`on behalf of said
rrwnniation
INI WITNESS WHERE!,J hand ad affixed my offii�ial teat the day and ytor in this
set my im
certificate first above wdttcn.-,\NA,,r.CCA i !Ntio–, -7 11 -1. 1
(SEAL)
iblic ft9• Idalip
STATE OF IDA1.10 J
SS 0§1
County of Ada
onthis jwt—lday of M6Yejoa�LV'-,2018,befoivmc, aNotary Public, poisonallyaj)peaeod
M and CJay Coles, kit w or identified to me to be the Mayor and Clorkrespectivoly, of the City of
Meridian, who executed the instrument or the person that oxecuted the instrument of behalf of said City, and
acknowledged to me that such City executed the same.
IN WITNESS WHEREOF, I have hereunto, set my hand and affixed my official seal the day and year in (his
certificate first above written.
a ^46-&m—
RLENE WAY
Notary Public Iloid bo
AtISS ION #67390 Residing at-, - - ��� I
NOTARY PUBLIC II
expires; 8 -'-g -.4 oap�-
3
F STATE OF IDA77HO
My COMMISSION EXPIRES 31M=2
DENCLOPMENT AoRu."mmr– WI11TFCLIFF BsrACtrs SuBmvisioN (H-2019-6074) PAuE 8 or 8
Legal Description & Exhibit Map
May 23, 2010
180201-dss.dna
Whitecliffe Estates Subdiv- ening Agenda November 20, 2018 - Page 247 of 370
EXHIBIT A,
Whiteeliffe Estates Subdivision. — H-2018-0074
Meridian City Council Meeting Agenda November 20, 2018 — Page 248 of 370
CITY OF MERIDIAN E. IDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND DECISION & ORDER DAHO
N 1!
In the Matter of the Request for annexation and zoning (AZ) of 40.6 acres of land with an R-4
zoning district; and a preliminary plat (PP) consisting of 129 building lots and 10 common lots on
40.6 acres of land, by 4345 Linder Road, LLC.
Case No(s), W2018-0074
For the City Council Hearilog Date oh September 18, 2018 (Findings an October 2, 2018)
A, Findings of Fact
i. Hearing Facts (see attached Staff Report for the hearing date of September 18, 2018, incorporated
by reference)
2, Process Facts (see attached Staff Report for the hearing date of September 18, 2018, incorporated
by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of September 18,
2018, incorporated by reference)
4. Required Findings per the Unified Development Code (set attached Staff Report for the hearing
date of September 18, 2018, incorporated by reference)
II Conclusions of Law
1. The City of Meridian shall exercise the powers conicrted upon it by the "Local Land Use
Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (LC, §67-6503).
2. The Meridian City Council takes judicial notice of its Unified Development Code codified at
Title 11 Meridian City Code, and all current zoning maps thereof, The City of Meridian has, by
ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of
Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A.
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5� It is found public facilities and services required by the proposed development will, not impose
expense -up - on the public if The attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Decision, which shall be
signed by the Mayor and City Clerk and then a copy served by the Clerk -upon the applicant, the
Community Development Department, the Public Works Department and any affected party
requesting notice.
CrfY OF MERIDLAN FINDINGS Of FACT, CONCLUSIONS OF LAW AND DECISION It, ORDER
FILE NO(S). [H-20I&O074] - 1, -
KMIATla y Council Meeting A 2� 2018 — Page 164 of 580
ann(Fitly" Council Meeting A0g'$enntaaO11o,"eem"b r 20, 2018 — Page 249 of 370
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of September 18, 20 t8, incorporated by reference. The conditions are concluded to
be reasonable and the applicant shall meet such requirements as a condition of approval of the
application.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon
the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that:
1. The applicant's request for annexation and zoning and for a preliminary plat is herebyapproved
per the conditions of approval in the Staff Report for the hearing date of September 18, 2018,
attached as Exhibit A.,
D. Notice of Applicable Time Limits
Notice of Preliminary Plat Duration
Please take, notice that approval of a preliminary plat, combined preliminary and final plat, or
short plat shall become null and void if the applicant fails to obtain the city engineer's signature
on the final plat within two (2) years of the approval of the preliminary plat or the combined
preliminary and final plat or short plat (UDC I 1-6B -7A).
In the event that the development of the preliminary plat is made in successive phases in an
orderly and reasonable manner, and conforms substantially to the approved preliminat y plat,
such segments, if submitted within successive intervals of two (2) years, may be considered for
final approval without resubmission for preliminary plat approval (UDC I1 -6B -7B)
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11 -6B -7.A, the Director may authorize a single extension of time to obtain the City
Engineer's signature on the final plat not to exceed two (2) years. Additional time "tensions lip
to two (2) years as determined and approved by the City Council may be granted. With all
extensions, the Director or City Council may require the preliminary plat, combined
preliminary and final plat or short plat to comply with the current provisions of Meridian City
Code Title 11. If the above timetable is not met and the applicant does not receive a time
extension, the property shall be required to go through the platting procedure again (UDC 11 -
613-7C).
Notice of Development Agreement Duration
The city and/or an applicant may request a development agreement or a modification to a
development agreement consistent with Idaho Code section 67-6511A. The development
agreement may be initiated by the city or applicant as part of a request for annexation and/or
rezone at any time prior to the adoption of findings for such request.
A development agreement may be modified by the city or an affected party of the, development
agreement. Decision on the development agreement modification is made by the city council in
accord with this chapter. When approved, said development agreement shall be signed by the
property owner(s) and returned to the city within six (6) months of the city council granting the
modification.
A modification, to the development agreement may be initiated prior to signature of the
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER,
FILE NO(S). [H-2018-00741 -2-
Meridian City Council Meeting Agenda October 2, 2018 — Page 165 of 580
Meridian City Council Meeting Agenda November 20, 2018 — Page 250 of 370
agreement by all parties and/or may be requested to extend the time allowed for the agreement
to be signed and returned to the city if filed prior to the end of the six (6) month approval
period.
E. Notice of Final Action and Right to Regulatory Takings Analysis
The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development
application entitles the Owner to request a regulatory taking analysis. guchrequest 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
tollthe time period within which a Petition, for Judicial Review may be filed.,
2. Please take notice that this is a final action of the governing body of the City of Meridian.
When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person
who has an interest in real property which maybe adversely affected by the final action of the
governing board may within twenty-eight (28) days after the date of this decision and order
seek a judicial review as provided by Chapter 52, Title 67, Idaho Code.
F. Attached: Staff Report for the hearing date of September 18, 2018
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
VILE NO(S). [H,-2019-0074]
Meridian City Council Meeting Agenda October 2, 2018 — page 166 of 580
Meridian City Council Meeting',Agenda November 20, 2018 — Page 251 of 370
COUNCIL VICE PRESIDENT LUKE CAVE
Mzfflffl����
Attest:
Copy served upon Applicant, Community
Attorney,
•
By: &"OA� Dated:
City Clerk's Office
-4-
Meridian City Council Meeting',Agenda November 20, 2018 — Page 252 of 370
EXHIBIT A
STAFF REPORT
Hearing Date: September 18, 2018' aWE
IDAHO
TMayor & City Council
FROM- Josh Beach, Associate City Planner
208-884-5533
Bruce Freckleton, Development Services Manager
208-887-2211
SUBJECT: Whitecliffe Estates Subdivision — H-2018-0074
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, 4345 Linder Road, LLC, has submitted an application for annexation and zoning (AZ)
of 40,6 acres of land with an R-4 zoning district; and a preliminary plat (PP) consisting of 128
building lots and 10 common lots on 40.6 acres of land for Whitecliffe Estates Subdivision.
IL SUMMARY RECOMMENDATION
Staff recommends approval of the proposed AZ and PP applications in accord with the conditions of
approval in Exhibit 13 and the Findings of Fact and Conclusions of Law in Exhibit D.
requests,
IM
Z
91
I I P a g e
Whitecliffe Estates Subdivision —H-2018-0074
anj'?%tober 9, 2018 Are 158 of 580
dere d�i'anEit7Eoouunet��s
ounce d
ir%AAgg'enn("a ovem er20, Page 253 of 370
EXHIBIT A
i. Concerns about the pathway to the subdivision to the west that rs being repaired by
coMgany was contacted instead.
di. Kcl Council Changes to Staff/Commission Recommendation
i. None
111. PROPOSED MOTION'
Approval
After considering all staff, applicant and public testimony, I move to approve File Number H-2018-
0074, as presented in the staff report for the hearing date € f September 18, 2018, with the following
modifications: (Adel any proposed modifications).:
Denial'
After considering all staff, applicant and public testimony, I move to deny File Number H-2018-0074,
as presented during the hearing on September 18, 2018, for the following reasons; (You, should state
specific reasons for denial)
Continuance
I move to continue File Number H-2018-0074 to the hearing date of (insert continued hearing date
here) for the following reason(s): (You should state specific reason() for continuance.)
W. APPLICATION AND PROPERTY FACTS'
A. Site Address/Location-
The site is located at 943 W. McMillan Road in the NW1/4 of Section 36Township 4N., Range
1W.
B. Owners:
Brinegar Investments, LLLI
P. D. Box 7156
Boise, IIS 83707-1156
C. Applicant:
4345 Linder Road, LLC
13967 W. Wainright Drive, Suite 102
Boise, ID 83713
D. Representative.
Engineering Solutions, LLP
1029 N Rosario Street, Suite 100
Boise, ID 83642
2 1 P a g e
Whiteeliffie Estates Subdivision --11-2018-0074
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Meridian City Council Meeting Agenda November 20, 2018 - Page 254 of 370
EXHIBIT A
E. Applicant's Statement/fustification: Please see Applicant's narrative for this information.
V. PROCESS FACTS
A. The subject application is for annexation and zoning and preliminary plat. A public hearing is
required before, the Planning & Zoning Commission and City Council on this matter, consistent
with Meridian City Code Title 11, Chapter 5,
B. Newspaper notification published on. July 27 2018 (Commission); August 31, 2018 (Council)
C. Radius noticesmailed to properties within 100 feet on: July 20, 2018 (Commission); August 31
2018 (Council)
D. Applicant posted notice on site(s) on: August 6,2018 (Commission); September 7, 2018
(Council)
VI. LAND USE
A. Existing Land Use(s) and Zoning. The annexation area consists of agricultural property zoned
RUT in Ada County. There is a residence on the property and associated structures that will be
removed as part of this project.
B. Character of Surrounding Area and Adjacent Land Useand Zoning:
1. North: W. McMillan Road and Single-family residential properties in Paramount
Subdivision, zoned R4.
2. East: Single-family residential properties in Cedar Springs Subdivision, zoned R-4; and
undeveloped office lots, zoned L -O.
3. South, Single-family residential properties in Baldwin Park Subdivision, zoned R-4.
4. West: Single-family residential properties in Cobblefield Crossing Subdivision,, zoned R-4.
C. History of Previous Actions: None
D. Utilities'
1. Location of sewer. Sewer is available to this property from existing, sewer mainline stubs
installed in adjacent developments.
1 Location of water: Water is available to this property from existing water mainline stubs
installed in adjacent developments.
3. Issues or concerns: None.
E. Physical Features:
1. Canals/Ditches Irrigatiov, The Lemp Canal traverses the north boundary of the site. The
applicant i I s requesting that, the canal be left, open in accord with UDC I I -3A-6B-
2, Hazards: Staff is not aware of any, hazards that exist on this property.
I Flood Plain: NA
VII. COMPREHENSIVE PLAN POLICIES AND GOALS
This property is designated "Medium Density Residential" and "Office", on the Comprehensive Plan
Future Land Use Map, Medium density residential areas are anticipated to contain between three and
eight dwellings per acre.
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EXHIBIT A
The most dominant land use designation on'the property is mediuin-density residential, and the FLUM
Comprehensive Plan designations are not parcel specific. In this case because there is an undeveloped
office park on the east boundary, staff is of the opinion that additional office designated area is not
necessary, nor is the applicant proposing to add more office as part of this project.
The proposed preliminary plat includes 128 single-family lots on 40.6 acres for a total gross density of
3.15 dwelling units/acre and the net density is 4.03 dwelling units/acre which are both consistent with
the MDR land use designation.
Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to
the proposed use (staff analysis in italics):
"Support a variety of residential categories (low-, medium-, medium-high
and high-density single-family, multi -family, townhouses, duplexes,
apartments, condominiums, etc.) for the purpose of providing the City
witha range of affordable housing opportunities." (3-07.01 E)
Thaproposed single-family dwellings will contribute to the variety of housing types available
within the 001.
"Permit new development only where urban services can be reasonably provided at the time
of final approval and development is contiguous to the City." (3 -01,0 1 F)
City services are available and will he extended by the developer to the proposed lots upon
development of the site in accord with UDC II -M-21.
"Require common area in all subdivisions." (3.07.02F)
The proposed -oposed pla t depicts a total of 4.78 acres (o r 10. 05 Yq) of q ua lift ed opera space in accord
with the requirements listed in UDC 11-3G-1.
"Review new development for appropriate opportunities to connect local roads and collectors
to adjacent properties (stub streets). (3.03.020)
As part of the proposed project; the applicant is proposing to extend 4stub streets, one front
the Cedar Springs Subdivision to the east, oneom the Baldwin Park Subdivision to the
south and two from the Cobblefteld Crossing subdivision to the Avest.
"Support infill of vacant lots in substantially developed, single-family areas at densities
similar to surrounding development," (3.07.021)
The subject property is adjacent to existing medium density homes and similar lot sizes exist
to the north, south, east and west. The overall dansityfor the project falls within the
parameters of the MDR land use designation and the surrounding residential developments.
"Require pedestrian access connectors in all new development to link subdivisions together to
promote neighborhood connectivity as part of a community pathway system," (3.03.03B)
The applicant is proposing 5-Jbot attached internal sidewalks and a 5 -foot detached sidewalk
along W. McMillan Road. The proposed sidewalks will connect to existing sidewalks to the
north, south, east and ivest.
"Reduce the number of existing access points onto arterial streets by using methods such as
cross access agreements, access management and fi-ontage/backage roads." (3,03.02N)
The submittedplat depicts one access point to W. McMillan Road. Staff is of the opinion that
,direct access to W. McMillan Road is not warranted in this instance due to the ample access
though the four (4) stub streets,
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EXHIBIT A
The proposed access to W McMillan is predicated on Council's approval.
"Require new residential development to meet development standards regarding landscaping,
signage, fences and walls, etc." (3.05.02C)
Street buffer landscaping is required adjacent to W, McMillan Road in accord with, the
standards listed in UDC 11 -3B -7C: Separate permits shall be obtaine,(lJarfencing in
compliance with the standards listed in UDC 11-3A.
"Comfitiate with public works, police, and fire, departments on proposed annexation and
development requests, and the impacts on services." (3.04. 0 1 H)
Staff has coordinated with public works, police and fire and has incorporated their comments
and conditions in this report.
"Ensure development provides safe routes and access to schools, parks and other community
gathering places," (3.07.02N)
The applicant is proposing to construct the entirefrontageof W McMillan Road with the
first phase of development.
"Require pedestrian access connectors in all new development to link, subdivisions together to
promote neighborhood connectivity as part of a community pathway system," (3.03.03B)
In order to link subdivisions together, staff is of the opinion that a Inicropath lot should be
included in the plat to connect to the Cobblefteld Crossing Subdivision to the west. The
micropath lot should be located between Lots 5 and 6 ofBlock6 and the applicant shall
coordinate wiflit that HOA in order to link the pathways together.
For the above stated reasons, staff finds the proposed project is consistent, with the goals and
objectives in the Comprehensive Plan,
VIII, UNIFIED DEVELOPMENT CODE (UDC)
A. Purpose Statement of Zone-, Per UDC 11-2A4, the purpose of the residential districts is to,
provide for a range of housing opportunities consistent with the Meridian comprehensive plan.
Residential districts are distinguished by the allowable density of dwelling units per acre and
corresponding housing types that can be accommodated within the density range.
B. Schedule of Use: Unified Development Code (UDC) Table 11-A-5 lists the principal permitted
(P), accessory (A), conditional (C), and prohibited (-) uses in the R-4 zoning district. Any use not
explicitly listed, or listed as a prohibited use is prohibited. The proposed use of the site for single-
fainily attached dwellings is a principal permitted use in the R-4 zoning district.
C, Dimensional Standards: Development of the site should be consistent with the dimensional
standards listed in UDC Tables t 1-2A-5 for the R-4 zoning district,
D. Landscaping:
Street buffer landscaping shall be installed in accordance with the standards listed in UDC
Tables I 1-2A-5 and UDC 11-313-7C for the R-4 zoning district.
Per UDC I 1-3G-3, the plat is required to provide 10 percent open space and one amenity for
every 20 acres of development area.
E. Subdivision Design and Improvement Standards: The subdivision;must comply with the
subdivision design standards outlined in UDC I I -6C-3,
F. Off-Strect, Parking: Off-street, parking is required in accord with UDC Table 11-3-6 for single-
family dwellings.
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EXHIBIT A
IX. ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation
1. Annexation & Zoning
The applicant has applied for annexation and zoning of 40.6 acres of land with an R-4 zoning
district, As discussed above in Section V11, staff believes the proposed zoning designations, are
consistent with the policies in the Comprehensive Plan.
The applicant proposes to develop 128 new single-family residential detached homes on 40.6
acres of land as shown on the preliminary plat included in Exhibit A.2.
The legal description submitted with the application, included in Exhibit C, shows the boundaries
of the property proposed to be annexed. The property is contiguous to land that has been annexed
into the City and is within the Area of City Impact boundary.
The City may require a development agreement (DA) in conjunction with an annexation pursuant
to Idaho Code section 67-6511A, In order to ensure the site develops as proposed with this
application, staff recommends a DA as a provision of annexation with the provisions included in
Exhibit B.
2. Preliminary Plat
The proposed plat consists of 128 building lots and 10 common lots on 40.6 acres of land in a
proposed R-4 zoning district (see Exhibit A.2). The property is proposed to develop in 3 phases,
(see Exhibit A.2). The gross density for the subdivision is 3.15 d.u./acre. The minimum lot size is
8,000 square feet, with an average of 9,178 square feet. The applicant shall provide a revised plat
that graphically depicts the 50 -foot Letup Canal easement and the 60 -foot Idaho Power easement.
Dimensional Standards: Development of this site is required to comply with the dimensional
standards listed in UDC 11-2A-3 and Table 11-2A-5 for the R-4 district. Staff has reviewed the
proposed plat and with the exception of Lot 10, Block I which doesn't meet the minimum lot size
for the R-8 zoning district, has found it to be in compliance with those standards.
Existing Structures: There is an existing residence and associated structures that the applicant is
proposing to remove from the property as part of this project The applicant shall remove the
structures prior to approval of the first final plat.
Block Length: The plat is required to comply with the block length standards listed in -UDC I I"-
6C -3F. Staff has reviewed the proposed plat and has concerns with the block length along
the north side of Loretta Street. That block face measures approximately 1,000 feet and
code allows this length if a pedestrian pathway is provided as it is in this case. Although the
proposal meets the requirements of the UDC, staff has concerns with the long, straight
roadway and believes that the applicant should incorporate traffic calming measures into
the road design.
Access: The applicant is requesting an exemption from Council to allow for direct access to W.
McMillan Road, The applicant is also proposing to provide access from the extension of four (4)
other stub streets to the surrounding subdivisions. Staff is not in support of the direct access to W.
McMillan Road because of the ample access to the site from the four (4) existing stub streets.
Streets: The applicant is proposing public Toads throughout the development. The public roads
are a 33 foot road section with rolled curbs within a proposed 50 foot right-of-way.
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EXHIBIT A
Sidewalks: Sidewalks are required along all public streets as set forth in UDC 11-3A-17. The
applicant proposes to construct attached sidewalks throughout the development, and a detached
sidewalk along W. McMillan Road in accord with UDC standards,
Common Driveways: Two common driveways are proposed in the development and are required
to be constructed in accord with the standards listed in UDC- I I -6C-31),
The UDC (I 1 -6C -3E.7) requires any plats using a common driveway to depict the setbacks,
building envelope, and orientation of the lots and structure that are accessed via a common
driveway on the preliminary plat and/or as an exhibit with the final plat application.
A perpetual ingress/egress easement is required to be filed with the Ada County Recorder, which
shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles
and equipment, for the common driveways.
Landscaping: A landscape plan was submitted with this application for the area proposed to be
platted as shown in Exhibit A.3.
A 25 -foot wide street buffer is required along W. McMillan Road, an arterial street, per UDC
Table I t -2A-6 and is required to be landscaped in accord with the standards listed in UDC 11 -
313-7C, The buffer width along W. McMillan Road should be measured from the back of
curb per UDC 11-3114C.1a, (2); or, the ultimate curb location as determined by ACHD if
future road widening is anticipated; revise plans accordingly.
The section of the common lot adjacent to McMillan Road is approximately 60 -feet wide due to
the 50 -foot wide Lemp Canal and the 60 -foot wide Idaho Power easements. On the submitted
landscape plan, the applicant is proposing to install a 25 -foot wide landscape buffer with the-
required
herequired trees. Since the required trees will be in close proximity to the overhead power lines,
UDC 11-3B-53 requires the installation of class I trees only. Prior to the Planning and Zoning
Commission meeting, the application must submit a revised landscape plan that shows the class I
trees only.
Along W. McMillan Road, the applicant shall provide a 10 foot compacted gravel shoulder from
the, edge of pavement and shall landscape the remainder with lawn or vegetative ground cover in
accord with UDC 11 -3B -7C.
Landscaping within the common areas is required in accord with the standards listed in UDC I I -
3G -3E.
Micropath(s): In order to link.subdivisions together, staff is of the opinion that a micropath lot
should be included in the plat to connect to the Cobblefield Crossing Subdivision to the west. The
inicropath lot should be located between Lots 5 and 6 of Block 6 and the applicant shall
coordinate with Cobblejield Crossing HOA in order to link the pathways together
Ditches, Laterals, and Canals, The Lemp Canal transverses the north property. Per UDC I I -
3A -6, all irrigation ditches, laterals or canals, exclusive of natural waterways and waterways
being used as amenities, which intersect, cross or lie within the area being subdivided shall be
covered. The applicant is seeking a waiver from Council to allow the Lemp, Canal to remain un
tiled due to the size of the facility as allowed under UDC 11 -3A-6A3b.
The Lemp Canal crosses a large number of parcels on the south side of W. McMillan Road.
This Is the last piece on the south side of McMillan to develop and it is unclear whether the
Settlers Irrigation District will require a 20 foot wide access drive on the south side of the
Lemp Canal. The applicant has not indicated an access road on their landscape plan, nor
have they included comments in their narrative. The Settlers Irrigation District has not
submitted comments on this application, so staff Is unsure if an access road will be required.
If an access road is required, It will greatly, impact the site design. Prior to the Planning and
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EXHIBIT A
Zoning Commission, the applicant shall obtain some indication from the Settlers Irrigation
District on their plans for an access road along the Lemp Canal.
Tree Mitigation- If there are existing trees on the site that are proposed to be removed, the
applicant should contact Elroy Huff, City Arborist, at 888-3579 to schedule an appointment to
confirm mitigation requirements pilon to removal of any trees on the site. The applicant shall
submit a tree mitigation plan with the final plat application.
Open Space: A minimum of 10% qualified open space is required to be provided for this
development in accord with UDC 11 -3G -3A.1. Based on the area of the preliminary plat (40.6
acres), a minimum of 4.06 acres of qualified open space is required to be provided as set forth in
TJDC 11 -3A -3B. A total of 4.78 acres (or 10.05%) of qualified open space is proposed consisting
of 112 the street buffer along W. McMillan Road, and internal common open space areas which
appear to comply with this requirement.
Site Amenities: All developments consisting of five acres of more are required to provide a
minimum of one site amenity; one additional site amenity is required for each additional 20 acres
per UDC I 1 -3G -3A.2,, in accord with the standards listed in UDC 11 -3G -3C. Based on the area of
the preliminary plat (40.6 acres), staff requires a minimum of 2 qualified site amenities be
provided. The applicant proposes to provide a children's play structure, internal pathways and a
shuffleboard court as amenities for the subdivision. As proposed the amenities meet the
requirements of the TJDC,
Fencing: All fencing should comply with the standards listed in UDC 11 -3A -6B and 11-3A-7.
The applicant shall construct fencing as proposed,
Utilities: All development is required to connect to the City water and sewer system unless
otherwise approved by the City Engineer in accord with UDC 11-3A-21
Street lighting is required to be installed within the development in accord with the City's
adopted standards, specifications and ordinances.
Pressurized Irrigation (Pl): An underground PI system is required to be provided to each lot in
the subdivision as proposed in accord with TJDC I I -3A- 15.
Storm Drainage: A storm drainage system is required for the development in accord with, the
City's adopted standards, specifications and ordinances. Design and construction shall follow best
management practice as adopted by the City in accord with UDC 11 -3B-I I
Open Water Ponds: As proposed the pond meets the requirement s of an amenity as set
forth in UDC 11-3G-3 as it is under the 25% threshold will have recirculated water as it is
for irrigation water. The applicant shall provide details of the pond with submission of the
final plat application.
Building Elevations, The applicant has submitted some conceptual sample building elevations
for future homes in this development, included in Exhibit A.4. Building materials appear to
consist of a mix of stucco and stone with architectural shingles.
The applicant shall comply with the submitted home elevations attached in Exhibit A.4. The
rear and/or side of structures that face arterial or collector streets (Lots 3-10 of Block 2, and
Lots 3-11 of Block 1), shall incorporate articulation through changes in two or more of the
following: modulation (e.g. - projections,;
ions, recesses, step -backs, pop -outs), bays, banding,
porches, balconies, material types, or other integrated architectural elements to break up
monotonous wall planes and roof lines that are visible from the subject public street. Single-,
story structures are exempt from this requirement.
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EXHIBIT A
Design Review (DES): A IBES application is required to be submitted prior to issuance of
building, permits for the single family attached homes. The applicant must comply with the design
standards lasted in UDC 11 -3A-29 and the guidelines contained in the Meridian Resign Manual.
Parlor to the Planning and Zoning Commission hearing, the applicant shall revise the pint in
the following ways:
The applicant shall adda micropath between Lots $ and b of Block G and shall work with
the Coblefield Grossing 1 -ICA to connect the pathways.
The applicant shall replace the proposed road access to W. McMillan Road with a
pedestrian connection that meets the requirements of UDC 11-3A_8 and UDC 11-3B-12.
The applicant shall incorporate traffic; calming in the design of W. Loretta Street.
Lot 10 of Block 1 shall be a minimum. of 8,000 square feet in accord with "C DC 11-2A-5.
in strrnrrrttr ,Staff *r ec +rr ratends rcpp14oval t�, f `tire pr oposed crrarre ratio r and pz#elr'rtrirtr ry p r t r^c aaa
for this site with a development agreement and the recommended conditions listed ill Exhibit B of
this report in accord with. the Findings contained in . 'xhibit
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EXHIBIT A
E HIBIT '
A. Drawings/Other
1. Vicinity Map
2. Proposed Preliminary Plat and phasing plan (dated: 5/23/2018)
3, Proposed Landscape Plan (dated: 8/13/20 8),
d;. Conceptual Building Elevations
B. Agency & Department Comments/Conditions
C. Legal Description & Exhibit Map for Annexation Boundary
D. Required Findings from Unified Development Code
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EXHIBIT A
A. Drawings
1. Vicinity Map
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2. Proposed Preliminary Plat (dated: 512312018)
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City Council Meeting October 2,
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EXHIBIT A
3, Proposed Landscape Plan (dated; 8/13/2018)
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EXHIBIT A
B. EXHIBIT B - AGENCY & DEPARTMENT COMMENTS/CONDITIONS
1. PLANNfNGDi8qsioN,
1.1 Site Specific Conditions of Approval
1.1.1 A Development Agreement (DA) is required as a provision of annexation of this property. Prior
to the annexation ordinance approval, a DA shall be entered into between the City of Meridian,
the property owner(s) at the time of annexation ordinance adoption, and the developer. A final
plat application shall not be submitted to City until the agreement is executed,.
Currently, a fee of $303.00 shall be paid by the applicant to the Planning Division prior to
cominericernent, of the DA. The DA shall be signed by the property owner and returned to the
City within six (6) months of the City Council granting annexation. The DA shall, at minirnurn,
incorporate the following provisions:
a. Future development of this site shall be generally consistent with the preliminary plat and
building elevations depicted in Exhibit A and the revisions noted in the staff report.,
b. The applicant shall comply with the submitted home elevations attached in Exhibit A.4, The
rear and/or side of structures that face arterial or collector streets (Lots 3-10 of Block 2, and
Lots 3-11 of Block 1), shall incorporate articulation through changes in two or more of the
following: modulation (e,g. — projections, recesses, step -backs, pop -outs), bays, banding,
porches, balconies, material types, or other integrated architectural elements to break, up
monotonous wall planes and roof lines that are visible from the subject public street, Single -
story structures are exempt from this requirement.
c. The site shall develop with a minimum of 10,05% open space (4.78 acres) and shall include
the following amenities: a children's play structure, an internal pathway system and a shuffle
board court,
d. Lot 1, Block 3 with its associated amenities shall be constructed with the first phase of the
development.
e, The 5 -foot detached sidewallc and 25 foot landscape buffer along W. McMillan Road shall be
constructed with the first phase of development.
f The applicant shall remove the existing home prior to approval of the first final plat.
1.1.2 The preliminary plat included in Exhibit A.2, dated 5/23/2018, shall be revised as follows:
a. All properties that abut a common driveway shall take access from the driveway; however, if
an abutting property has the required minimum street frontage„ that property is not required to
take access from the common driveway. In this situation, the abutting property's driveway
shall be on the opposite side of the shared property line; away from the common driveway.
Solid fencing adjacent to common driveways shall be prohibited, unless separated by a
minimum five foot (5) wide landscaped buffer.
Lots 9 and 10, Block 2 shall take access from common driveway as proposed. Since Lot
12 and Lot 8 Block I do not take access from the common drive, the lots are required to
comply with UDC 11 -6C -2(D).
Lots 3 and 5, Block 10 shalt take access from common driveway as proposed.
Since Lot 2 and Lot 6 Block 10 do not take access fi-orn the common drive, the lots
are required to comply with UDC 11 -6C -2(D)
b. An exhibit depicting the setbacks, building envelope and orientation of lots and structures
shall be submitted a future final plat application. Include note on the final plat that addresses
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EXHIBIT A
access across the lots and the responsible patty for maintenance of the contmon driveway and
5 -foot wide landscape buffer.
c. Prior to the Planning and Zoning Commission, the applicant shall provide a revised plat and
landscape plan that depicts the required 50 -foot wide Letup Canal easement and the 60 -foot
'wide Idaho Power easement.
d. As shown on the plat,, Lot tO, Block I does not meet the minimum lot, size requirements of
UDC 11-2A-5. Prior to the Planning and Zoning Commission, the applicant shall revise the
plat and landscape plan to comply with the UDC.
1.1.3 The landscape plan included in Exhibit A,3, dated 5/14/2018, shall be revised as follows:
a. If there are any existing trees on the site that are to be removed, the applicant should contact
Elroy Huff, City Arborist, at 8,88-3579 to schedule an appointment to confirm mitigation
requirements pr icer' to removal of any trees on the site. Any existing, trees proposed to be
retained on-site shall be noted on the landscape plan submitted with a final plat application.
b. Along W. McMillan Road, the applicant, shall provide a 10 foot compacted gravel shoulder
from the edge of pavement and shall landscape the remainder of the right-of-way with, lawn
or vegetative ground cover in accord with UDC I I -313-7C.
c. The applicant shall provide details of the proposed pond with submission of the final
plat application.
IJA The applicant shall comply with all condition of the Ada County Highway District.
11 General Conditions of Approval
1.11 Comply with all bulk, use, and development standards of the R-4 zoning district listed in UDC
Table 11-2-A-5,
1.2.2 Comply with all provisions of 11-3A-3 with regard to, access to streets.
1.2.3 Comply with the provisions foriffigation ditches, laterals, canals and/or drainage courses, as set
foi th in UDC 11-3A-6.
1,24 'Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11-3A-
1,
1-3A-
1, UDC 11-3B-6 and MCC 9-1-28,
12.5 Comply with the sidewalk standards as set forth in UDC 11-3A-17.
1.2.6 Install all utilities consistent with the standards as set forth in UDC I I -3A-21 and I 1-313-5J,
1,23 Construct the required landscape buffers consistent with the standards as set forth in UDC I I -3B -
7C.
1.2.8 Construct storm water integration facilities that meet the standards as set forth in UDC 11-313-
I 1C.
1.2.9 Construct all parkways consistent with the standards as set forth in UDC 11-3A-1 7E, 11-3G-31315
and 11 -3B -7C.
1.2.10 Comply with 411 subdivision design and improvement standards as set forth in UDC 11-6C-3,
including but not limited to cul-de-sacs, driveways, common driveways, easements, blocks,
street buffers, and mailbox placement.
1.2.11 Comply with all provisions of UDC 11-3A- with regard to maintaining the clear vision triangle.
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1.3 Ongoing Conditions of Approval
1,3.1 The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets
the standards as set forth. in UDC 11-311-6 and to install and maintain all landscaping as set forth
in UFC 11-311-5, UDC 11-3E-13 and UDC 11#313-1 .
1..3.2 All common open space and site amenities shall be maintained by an owner's association as set
forth in UDC 11-3G-3Fl.
1.3.3 The project is subject to all current City of Meridian ordinances.
1.3.4 The applicant and/or property owner shall have an ongoing obligation to prune all trees to a
minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the
area.
1.3.6 The applicant has a continuing obligation to comply with the outdoor lighting provisions as set
forth in UDC 11-3A- 11.
137 The applicant and/or property owner shall have an ongoing obligation to maintain all landscaping
and constructed features within the clear vision triangle consistent ,with the standards in VDC 11=
3A -3t
1.4 Process Conditions of Approval
1,4.1 No signs are approved with this application. Prior to installing any signs on the property, the
applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3;
Article D and receive approval for such signs.
1.4.2 The applicant shall complete all improvements related to public life, safety, and health as set forth
in'UDC: 11 -5C -3E. A surety agreement may be accepted for other improvements in accord with
UDC 11 -5C -3C.
1.4.3 The final plat, and any phase thereof, shall substantially comply with the approved preliminary
plat asset forth in UDC11-6B -3C2.
1.4.4 The applicant shall obtain approval for all successive phases of the preliminary plat within two
years of the signature of the City Engineer on the previous final plat as set forth in UDC 11-6H
711 of applicable).
1.4.5 The preliminary plat approval shall be null and void if the applicant fails to either 1) obtain the
City Engineer signature on a final plat within two years, or, ) gain approval of a time extension
as set forth in UDC 11-0E-7.
1.4.6 upon installation of the landscaping and prior to inspection by planning Division staff, the
applicant shall provide a written certificate of completion as set forth in UDC 11-313-14A.
2. PUDUC WORKS DEPARTMENT
2.1 SITE SPECIFIONDITI+i N OF APPROVAL
23,1 A street lighting; plan will be required with the submittal of development plans. plan
requirements can be found in section -5 of the Improvement Standards for Street Lighting at
2.1,2 This development coincides with the 1/2 mile grid, which would normally require 12 -inch water
main, however upsizing of water maid at this location is not required.
2.1.3 The southern most storm water seepage bed located in Lot 10, Bloc/{ 5 shall be relocated to the
east to avoid crossing the proposed sewer mainline crossing this lot.
2.2 General Conditions of Approval
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2.2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works
Department, and execute standard forms of easements for any mains that are required to provide
service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover
fi-orn top of pipe to sub -grade is less than three feet than alternate materials shall be used in
conformance of City of Meridian Public Works Departments Standard Specifications.
2.2.2 Per Meridian City Code (MCC), the applicant shall be responsible to install sewer and water
mains to and through this development. Applicant may be eligible for a reimbursement
agreement for infrastructure enhancement per MCC 8-6-5.
2,23 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of
way (include all water services and hydrants). The easement widths shall be 20 -feet wide for a
single utility, or 30 -feet wide for two. The easements shall not be dedicated via the plat, but
rather dedicated outside the plat process using the City of Meridian's standard forms. The
easement shall be graphically depicted on the plat for reference purposes. Submit an executed
easement (on the forth available from Public Works), a legal description prepared by an Idaho
Licensed Professional Land Surveyor, which must include the area of the easement (marked
EXHIBIT A) and an 81/2" x 11" map with bearings and distances (marked EXHIBIT B) for
review. Both exhibits must be scaled, signed and dated by a Professional Land Surveyor. DO
NOT RECORD. Add a note to the plat referencing this document. All easements must be
submitted, reviewed, and approved prior to development plan approval.
2.2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water (MCC 12-13-83), The applicant should be required to use any existing surface or
well water for the primary source. If a surface or well source is not available, a single -point
connection to the culinary water system shall be required. If a single -point connection is utilized,
the developer will be responsible for the payment of assessments for the coininoti areas prior to
prior to receiving development plan approval.
2.2.5 All existing structures that are required to be removed shall he prior to signature on the final plat,
by the City Engineer, Any structures that are allowed to remain shall be subject to evaluation and
possible reassignment of street addressing to be in compliance with MCC.
2,2.6 All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting,
crossing or laying adjacent and contiguous to the area being subdivided shall be tiled per UDC
1 t -3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any
other applicable law or regulation.
2.23 Any existing domestic well system within this project shall be removed from domestic service per
City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at
(208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic
purposes such as landscape irrigation if approved by Idaho Department of Water Resources
Contact Robert B. Whitney at (208)334-2190.
2.18 Any existing septic systems within this project shall be removed from service per City Ordinance
Section 9-14 and 9 4 8. Contact Central District Health for abandonment procedures and
inspections (208)375-5211.
2.19 Street signs are to be in place, sanitary sewer and water system shall be approved and activated,
road base approved by the Ada County Highway District and the Final Plat for this subdivision
shall be recorded, prior to applying for building permits.
2.2,10 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted
fencing, landscaping, amenities, etc., prior to signature on the final plat.
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EXHIBIT A
2,2.11 All improvements related to public life, safety and health shall be completed prior to occupancy
of the structures. Where approved by the City Engineer, an owner may post a performance surety
for such, improvements in order to obtain City Engineer signature on the final plat as set forth in
UDC 11-5C-313,
2.2.12 Applicant shall be required to pay Public Works development plan review, and construction
inspection fees, as determined during the plan review process, prior to the issuance of a plan
approval letter.
2.2.43 It shall be the responsibility of the applicant to ensure that all development features comply with
the Americans with Disabilities Act and the Fair Housing Act.
2,2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting
that may be required by the Army Corps of Engineers.
2.2,15 Developer shall coordinate mailbox locations with the Meridian Post Office.
2.2.16 All grading of the site shall be performed in conformance with MCC I 1-12-3H;
2.2.17 Compaction test results shall be submitted to the Meridian Building Department for all building
pads receiving engineered backfill, where footing would sit atop fill material.
2.2.18 The design engineer shall be required to certify that the street centerline elevations are set a
minimum of 3 -feet above the highest established peak groundwater elevation. This is to ensure
that the bottom elevation of the crawl spaces of homes is at least 1 -foot above.
2.2,19 The applicants design engineer shall be responsible for inspection of all irrigation and/or
drainage facility within this project that do not fall under the jurisdiction of an irrigation district
or ACHD. The design engineer shall provide certification that the facilities have been installed in
accordance with the approved design plans. This certification will be required before a certificate
of occupancy is issued for any structures within the project.
2.2,20 At the completion of the project, the applicant shall be responsible to submit record drawings per
the City of Meridian AutoCAD standards. These record drawings must be received and approved
prior to the issuance of a certification of occupancy for any structures within the project,
2.2.21 A street light plan will -need to be included in the civil construction plans. Street light plan
requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy
of the standards can be found at http://v^vvv.ineridiancity.org/ptiblic—works.aspx?id=272.
2.2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount
of 125% of the total construction cost for all incomplete sewer, water and reuse infrastructure
prior to final plat signature. This surety -will be verified by a line item cost estimate provided by
the owner to the City. The surety can be, posted in the form, of an irrevocable letter of credit, cash
deposit or bond. Applicant must file an application for surety, which can be found on the
Community Development Department website. Please contact Land Development Service for
more information at 887-2211.
2.2.23 The City of Meridian requires that the owner post to the City a warranty surety in the amount of
20% of the total construction cost for all completed sewer, water and reuse infrastructure for
duration of two years. This, surety wilt be verified by a line item cost estimate provided by the
owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash
deposit or bond. Applicant must file an application for surety, which can be found on the
Community Development Department website. Please contact Land Development Service for
more information at 887-2211.
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INNIFIRM.,
3. PoLicE DEPARTMENT
3.1 The Polite Department has no comment on this application.
4. FIRE DE PARTMENT
4.1 One and two family dwellings not exceeding 3,600 square feet require a fire -flow of 1,000
gallons per minute for a duration of 2 hours to, service the entire project. One and two family
dwellings in excess of 3,600 square feet require a minimum, fire flow as specified in Appendix, B
of the International Fire Code, Fire Hydrant spacing shall be provided as required by Appendix C
of the International Fire Code.
4.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department in accordance
with International Fire Code Section (IFC) 508.5.4 as fbllowst
a. Fire hydrants shall have the 4 V211 outlet face the main street or parking lot drivp aisle,
b. Fire hydrants shall not face a street which does not have addresses on it.
c. Fire hydrant markets shall be provided per Public Works specifications.
d. Fire Hydrants shall be placed on corners when spacing pertnits.
e. Fire hydrants shall not have any vertical obstructions to outlets within 10'.
f. Fire hydrants shall be placed 18" above finished grade to the center of the 4 V2" outlets.
g. Fire hydrants shall be provided to meet the requirements of IFC Section 509.5.
b. Show all proposed or existing hydrants for all new construction or additions to existing
buildings within 1,000 feet of the project.
4.3 All entrances, internal roads, drive aisles, and alleys shall have a turning radius of 28' inside and
48' outside, per International Fire Code Section 503.2.4.
4.4 All common driveways shall be straight or have a turning radius of 28' inside and 48' outside and
have clear driving surface of 20' in width capable of supporting an imposed weight of 75,000
GVW, per International Fire Code Section 503.2.
4.5 Private Alleys and Fire Lanes shall have a 20' wide improved surface capable of supporting an
imposed load of 75,000 lbs. All roadways shall be marked in accordance with Appendix D
Section D103.6 Signs,
4.6 Ensure that all yet undeveloped parcels are, maintained free of combustible vegetation as set forth
in International Fire Code Section 304.1.2.
4.7 Operational fire bydrants, temporary or permanent street signs, and access roads with an all-weather
surface are required to be installed before combustible construction material is brought onto the site,
as set forth in International Fire Code Section (IFC) 501.4 and Meridian amendment to IFC 10-4-2J.
5.
5.1 Republic Services has no comments on this application.
6. PARics DEPARTAuNT
6.1 The Parks Department has no comment on this application.
7. ADA COUNTY HIGHWAY DISTRICT
7.1 SITE SPECIFIC CONDITIONS OF APPROVAL
7.1.1 Improve McMillan Road with additional pavement widening to total 17 -feet of pavement from
centerline plus a 3 -foot wide gravel shoulder abutting the sits:
7.1.2 Construct a westbound left turn lane on McMillan Road at the Buckstone/McMillan intersection.
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7.1.3 Construct a 5 -foot wide concrete sidewalk on the south side of the canal along McMillan Road
abutting the site and tic into existing improvements west and east of the site.
7,14 Provide a permanent right-of-way easement to 2 -feet behind back of sidewalk for any public
sidewalk placed outside of the dedicated right-of-way,
7.1.5 Close the existing residential driveway on McMillan Road, located 496 -feet west of the east
property line with 5 -foot wide concrete sidewalk.
7.1.6 Continue the four stub streets into the site and construct the internal streets as 33 -foot street
sections with curb, gutter, and attached 5 -foot wide sidewalk within 47 -feet of right-of-way.
7.1,7 Redesign the Bird Wing Drive onto Buckstone Avenue intersection to meet District policy.
7.1.8 Construct a new local street, Buckstone Avenue onto McMillan Road, located 710 -feet west of
Fox Run Way and 640 -feet from the east property line from the site.
7.1.9 Construct the internal local streets with minimum 125 -foot offset.
7.1.10 Provide traffic calming on McKinley Park Avenue, Loretta Street, and Bryce Canyon Avenue.
7.1.11 Submit the bridge plans for the crossing of the Lemp Canal (Buckstone Avenue) for review and
approval prior to the pre -construction meeting and final plat approval.
7.1.12 McMillan Road is classified as a minor arterial roadway; direct lot access is prohibited to this
-roadway and should be noted on the final plat.
7.1.13 Payment of impact fees is due prior to issuance of a building permit.
7.1.14 Comply with all Standard Conditions of Approval.
7,2 STANDARD CONDITIONS OF APPROVAL
7.2.1 All proposed irrigation facilities shall be located outside of the ACHD right-of-way (including all
easements). Any existing irrigation facilities shall be relocated outside of the ACHD right-of-way
(including all easements).
7.2.2 Private Utilities including sewer or water systems are, prohibited from being located within the
ACHD night -of -way.
7.2.3, In accordance with District policy, 7203.3, the applicant may be, required to update any existing
non-compliant pedestrian improvernents abutting the site to meet current Americans with
Disabilities Act (ADA) requirements. The applicant's engineer should provide documentation, of
ADA compliance to District Development Review staff for review.
7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the
construction of the proposed development. Contact Construction Services at 387-6280 (with file
number) for details,
7.2.5 A license agreement and compliance with the District's Tree Planter policy is requited for all
landscaping proposed within ACHD right-of-way or easement areas.
7.2.6 All utility relocation costs ,associated with improving street frontages abutting the site shall be
borne by the developer.
7,23 It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The
applicant at no cost to ACHD shalt repair existing utilities damaged by the applicant. The
applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business days
prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic
Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during
any phase of construction.
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EXHIBIT A
7.2.8 Utility street cuts in pavement less than five, years old are not allowed unless approval in writing
by the District. Contact the District's Utility Coordinator at 887-61258 (with file numbers) for
details,
7.2.9 All design and constiuction shall be in accordance with the ACHD Policy Manual, ISPWC
Standards and approved supplements, Construction Services procedures and all applicable AC14D
Standards unless specifically waived herein. An engineer registered in the State of Idaho shall
prepare and certify all improvement plans.
7.21.10 Construction, use and property development shall be in conformance with all applicable
requirements of ACHD prior to District approval for occupancy.
7.2.11 leo change in the terms and conditions of this approval shall be valid unless they are in writing
and signed by the applicant or the applicant's :authorized representative and an authorized
representative of ACHD. The burden shall be upon the applicant to obtain written confirmation of
any change from ACHD.
7.112 If the site', plan or use should change in the future, ACHD Planning Review will review the site
plan and may require additional improvements to the transportation system at that time. Any
change in the planned use of the property which is the subject of this application, shall require the
applicant to comply with ACHD Policy and Standard Conditions of Approval in place at that time
unless a waiver/variance of the requirements or other legal relief is granted by the ACHD
Commission.
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C. Legal Description & Exhibit Map for Annexation Boundary
May 23, 2016
QMC "N n fgr Whft=IM Estates Subdivision
A parcel of land being the ME % of the NW % of Section 36, Township 4 North, Range I West,
Boise Meridian, City of Meridian. Ada County, Idaho, more particularly described as follows:-
Commandne at the northwest corner of said Section $6. from which the northeast corner of the
along the north boundary of said NW % South $9424*r East a4istance of 4341.28 feet to the
northwest corner of the ME Y. ofseld NW Y4, the POINT OF BEGINNING;
Thence,00ntintilrig along said north boundary South 89424V" East a distance of 1340.44 feet to
the N % corner of said Section 36, also being the northwesterly corner of Cedar Springs
Subdivision No, 6, as filed for record in Book 90 of Plots at Pages 10600 through 10811, records
of Ada County, Idahq,
Thence along the east boundary of the NE 4 of the NW'/ of said Section 56, also being the
westerly boundary of said Cadet Springs Subdivision No, 5, and a portion of the westerly
boundary of Cedar Springs Subdivision No. 7, as filed for record In Book 93 of Plats at Pages
11203 through 11204, records of Ada County, Idaho, South 00027'ID' West (formerly South
00427,61, West) a distance of 1323-16 feet to the southeast corner of said NE % of the NW K
also being the northera,stedy corner of Baldwin Park Subdivision No. 6, as filed for record In Book
e8 of Plats at Pages 10202 through 10203, records of Ada County, Idaho;
,rt-- htnnnoin Qmkth hnnmary tifitsild ME at of the NW YA,altobelna the northerly boundary
88;Of
at pages
180201-des-doex
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D. Required Findings from Unified Development Code
1. Annexation Findings:
Upon recommendation from the Commission, the Council shall make a full investigation
and shall, at the public hearing, review the application. In order to grant an annexation, the
Council shall make the following findings:
a. The map amendment complies with the applicable provisions of the Comprehensive,
Plan;
The Applicant is proposing to annex the subject 40.6 acre property with an R-4 zoning
district and develop 128 new single-family residential homes. Council finds that the proposed
map amendment complies with the provisions of the Comprehensive Plan and should be
compatible with adjacent residential uses (see section VII above for more information).
b. The map amendment complies with the regulations outlined for the proposed district,
specifically the purpose statement;
Council finds that the proposed map amendment to the R-4 zoning district is consistent with
the purpose statement for the residential districts as detailed in Section VIR above.
e. The map amendment shall not be materially detrimental to the public health, safety,
and welfare;
Council finds that the proposed zoning map amendment will not be detrimental to the public
health, safety, or welfare, City utilities will be extended at the expense of the applicant.
Council considers any oral or written testimony that may be provided when determining this
finding.
d. The map amendment shall not result in an adverse impact upon the delivery of services
by any political subdivision providing public, services within the City including, but not
limited to,, school districts; and,
Council finds that the proposed zoning amendment will not result in any adverse impact upon;
the delivery of services by any political subdivision providing services to this site,
e. The annexation is in the best of interest of the City (UDC 11-511-1E).
Council finds annexing this, property with an R-4 zoning district is in the best interest of the
City if the applicant revises the plat per staff's recommendation and enters into a
development agreement.
2. Preliminary Plat Findings:
In consideration of a preliminary plat, combined preliminary and final plat, or short
plat, the decision-maldug body shall make the following findings:
a. The plat is in conformance with the Comprehensive Ilan;
Council finds that the proposed plat is in substantial compliance with the adopted
Comprehensive Plan in regard to land use,, transportation, and circulation. Please see
Coinprehensive Plan Policies and Goals,, Section W, oJ' the Staff Report for niore
inorination.
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EXHIBIT A
b. Public set -vices are available or can be made available and are adequate to
accommodate the proposed development;
Council finds that public services will be 'provided to, the, subject property upon
development, (See Exhibit B of the Staff Report for more details from public service
provider&)
c. The plat is in conformance with scheduled public improvements in accord with the
City's capital improvement program;
Because City water and sewer and any other utilities will be provided by the development
at their own cost, Council finds that the subdivision will not require the expenditure of
capital improvement funds.
d. There is public financial capability of supporting services for the proposed
development;
Council relies upon comments from the public service providers (i.e., Police, Fire,
ACHD, etc.) to determine this finding. (See Exhibit B for more detail.)
e. The development will not be detrimental to the public health, safety or general
welfare, and
Council is not aware of any health, safety, or environmental problems associated With the
platting of this property. ACRD considers road safety issues in their analysis. Council
considers any public testimony that may be presented when determining whether or not
the proposed subdivision may cause health, safety or environmental problems of which
Council is unaware.
f. The development preserves significant natural, scenic or historic features.
Council is unaware of any significant natural, scenic or historic features that exist
on this site.
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