Westbridge Subdivision H-2018-0088 AZ PPADA COUNTY RECORDER Christopher D. Rich 2018-117002
BOISE IDAHO Pgs=46 BONNIE OBERBILLIG 12/12/2018 09:06 AM
CITY OF MERIDIAN, IDAHO NO FEE
DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. Endurance Holdings LLC and Viper Investments LLC, Owner
3. Challenger Development hic-, Developers
THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into
this day day of DeCeMV)gr, 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 Endurance Holdings LLC, whose address is 5865 N. Black Cat road,
Meridian, Idaho 83642 and Viper Investments LLC, whose address is 5745 N. Black Cat Road,
Meridian, ID 83642, hereinafter called "OWNERS" and Challenger Development Inc. whose address
is 1977 E. Overland Road, Meridian, ID 83642 hereinafter called "DEVELOPER".
1.1 WHEREAS, Owners are the sole owners, 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 § 67-6511A 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, Owners and/or Developer have submitted an application for the
annexation and zoning of 12.71 acres of land 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 —WESTBRIDGE SUBDIVISION (H-2018-0088) PAGE I OF 8
1.6 WHEREAS, the record of the proceedings for the requested re -zone on the
Property held before the Planning & Zoning Commission, and subsequently
before the City Council, includes responses of government subdivisions
providing services within the City of Meridian planning jurisdiction, and
includes further testimony and comment; and
1.7 WHEREAS, on the 20'h day of November, 2018, the Meridian City Council
approved certain Findings of Fact and Conclusions of Law and Decision and
Order CFilidings"), which have been incorporated into this Agreement and
attached as Exhibit "B"; and
1.8 WHEREAS, the, Findings require the Owners and/or Developer to enter into a
Development Agreement before the City Council takes final action on final plat;
and
1.9 WHEREAS, Owners and/or Developer deers 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 owners 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 put poses 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 party to this Agreement,
which is a municipal Corporation and government subdivision of the state of
Idaho, organized and existing by virtue of law of the State of Idaho, whose
address is 33 East Broadway Avenue, Meridian, Idaho 83642.
3,2 OWNERS: means and refers to Endurance Holdings LLC, whose address is
5865 N. Black Cat road, Meridian, Idaho 83642 and Viper Investments LIC,
whose address is 5745 N. Black Cat Road, Meridian, ID,83642,, the parties that
DEVELOPMENT AGREEMENT— WEST13RIDGE SUBDIVISION (H-2018-0088) PAGE 2 OF 8
Meridian City Council Meeting Agenda December 11, 2018 — Page 19 of 270
own said Property and shall include any subsequent owner(s) of the Property.
3.3 DEVELOPER: means and refers to Challenger Development Inc., whose
address is 1977 E. Overland Road, Meridian, ID 83642, the party that is
developing said Property and shall include any subsequent devetoper(s) of the
Property.
3.4 PROPERTY: means and refers to that certain parcel(s) ofProperty located in
the County of Ada, City of Meridian as described in Exhibit "A" describing the
parcels to be zoned from R-4 (Medium Low Density Residential) zoning
districts and attached hereto and by this reference incorporated herein as if set
forth at length.
4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right
to develop the Property in accordance with the terms and conditions of this Agreement.
4.1 The uses allowed pursuant to this Agreement are only those -uses allowed under
the UDC.
4.2 No change in the uses specified in this Agreement shall be allowed without
modification of this Agreement.
5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY:
.1. Owners and/or Developer shall develop the Property in accordance with the
following special conditions:
a. Development shall substantially comply with the preliminary plat, landscape plan and
building elevations included in Exhibit A of the Staff Report that is attached to the
Findings of Fact and Conclusions of Law attached hereto as Exhibit "B".
b. The existing home proposed to be retained on Lot 2, Block I shall hook -up to City
Water and Sewer service within 60 days of it becoming available as sot forth in MCC 9-
1-4 and 9-4-8,
& 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.
7DEFAULT/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, Owners and/or Developer shall have, thirty (30) =days from
DEVELOPMENT AGREEMENT — WtSTBRIDGE, SUBDIVISION (H-2019-0088) PAGE 3 OF 8
Meridian City Council Meeting Agenda December 11, 2018 — Page 20 of 270
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 Owners 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. Owners -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 Owners 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 Owners 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 Owners and/or Developer of any
one or more of the covenants or conditions hereof shall apply solely to the
default and defaults waived and shall neither bar any other rights or remedies of
City nor apply to any subsequent default of any such or other covenants and
conditions,
8, INSPECTION: Owners 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 Owners 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 of the Property contemplated hereby, the City shall
execute and record at appropriate instrument of release of this Agreement,
DEVELOPMENT AGREEMENT — WESTBRIDGE SUBDIVISION (H-2018-0088) PAGE 4 OF 8
Meridian City Council Meeting Agenda December 11, 2018 — Page 21 of 270
10. ZONING: City shall, following recordation of the duly approved Agreement, enact a
valid and binding ordinance zoning the Property as specified herein.
11, 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 Owners 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 sand/or Developer to the City in accordance with
Paragraph 11 above,
13. ABIDE BY ALL CITY ORDINANCES: That Owner and/or Developer agree to abide
by all ordinances of the City of Meridian unless otherwise provided by this Agreement.
14, NOTICES: Any notice desired by the parties and/or required by this Agreement shall
be deemed delivered if and when personally delivered or three (3) days after deposit in the United States
Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows:
CITY:
City Clerk,
City of Meridian
33 E. Broadway Ave.
Meridian, Idaho 83642
OWNERS:
Endurance Holdings LLC
5 865 N. Black Cat Road
Meridian, Idaho 83642
Viper Investments LLC
5745 N. Black Cat Road
Meridian, ID 81642,
with copy to:
City Attorney
City of Meridian
33 E. Broadway Avenue
Meridian, TD 83642
DEVELOPER:
Challenger Development Inc.
1977 E. Overland Road
Meridian, ID 83642
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.
15, 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,
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
DEvELoPmENT AGREEMENT -WESTBRIDGE SUBDIVISION (1-i-2018-0088)
PAGE 5 OF 8
Meridian City Council Meeting Agenda December 11, 2018 — Page 22 of 270
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 bebindingupon 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
Owners and/or Developer, each subsequent owner and any other person acquiring an interest in the
Property. Nothing herein shall in anyway 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 Owners 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 Owners 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 parties agree to cooperate in defending such action
or proceeding.
21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements,
agreements, condition and understandings between Owners 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 Owners and/or Developer and City, other than as are stated herein.
Except as herein otherwise provided, no subsequent alteration,, amendment, change or addition to this
Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or
their successors in interest or their assigns, and pursuant, with respect to City, to a duty adopted
ordinance or resolution of City.
211 No condition governing the uses and/or conditions, governing re -zoning of the subject
Property herein provided for can be modified or amended without the approval of the
City Council after the City has conducted public hearing(s) in accordance with the
notice provisions provided for a zoning designation and/or amendment in force at the
time of the proposed amendment.
22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the
date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in
connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk.
[end of text; signatures, acknowledgements, and Exhibits A and B follow]
DEVELOPMENT AGREEMENT — WESTBRIDGE SUBDIVISION (H-2018-0088) PAGE 6 OF 8
Meridian City Council Meeting Agenda December 11, 2018 — Page 23 of 270
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement and made it
effective as hereinabove provided.
OWNERS:
Endurance Holdings LLC
By: 2
DEVELOPER:
Challenger Devf
CITY OF MERIDIAN
By: %J—___
Mayor T de Weerd
177-._.. T-....4«..-4.. T T r
ATTEST-
C.ATTEST-
CAay Coles, ty Clerk r' --E
D gUGG
�►�o -i►�1 EC Ify of
IDIAN�.
IDAHO
m� SEAL /
DEVELOPMENT AGREEMENT - WESTBRIDGE SUBDIVISION (H-2018-0088 PAGE 7 OF 8
STATE OF IDAHO )
ss:
County of Ada, )
On this 3'( day of bcce—b� , 2018, before me, the undersigned, a Notary Public in and for said State, personally
appeared (iorpu �^�n known or identified to me to be the M of Endurance Holdings LLC and the
person who Signe above, and acknowledged to�{`��,ye�'IJ ecuted the same on Eelralf of said corporation.
�1��`� R 0! //�i/�
IN WITNESS WHEREOF, I hal*+R""r► tpaol.rrnd 6�1 affixed my official seal the day and year in this certificate
first above written. •Q'�Y pU9�j•. �A
(SEAL) r •
W COMMISSION Notary Public for Idaho 0
EXPIRES G 6.2022 Residing at: NAA o,
:••� •%� e My Commission Expn•es: -OS ate,
STATE OF IDAHO ) ss:
/nq or
County of Ada, ) /'/;///� 110 IIIt1
Oil this J✓t0I day of NLe�.Y►.', 2018, before me, the undersigned, a Notary Public in and for said State, personally
/
appeared l p UnhGe4"'� known or identified to me to be the M e.1.bt.- of Viper Investments LLC and
the person who signed above, and acknowledir 0101fothat he executed the same on behalf of said corporation.
„`` i,r+KAI lfi y Y Y
IN WITNESS WHEREOF �e Ke y and affixed rn official seal the da and year in this certificate
first above written.
f
•,•�`�IN'Y P(/Q��, p�� ,q /
(SEAL) ; W COMMISSION
EXPIRES 6.6.202.2 � Notary Public for Idaho
• Residing at:
:••� O ; My Commission Expires: 135 �'d—
STATE OF IDAHO ) �%j:;9 OP �0;�•,v�a�
County of Ada, j ss: /�Vf//�/S+S,YO �Wh0�\e!!e\
On this 34 day of ,(�/� , 2018, before me, the undersigned, a Notary Public in and for said State, personally
appeared l�,w known or identif to to be the P/'2Sict -c -� of Challenger Development Inc. and the
person who signed ab d aclurowledg �dt �o>4� ���e uted the same on behalf of said corporation.
\- F
IN WITNESS WHEREOF, )`tve Ijei,tlp(e�jrSt�ian�yd affixed my official seal the day and year in this certificate
. •���r''
first above written. ` �•�O C•�
(SEAL) 0 #4 M`( COMMISSION ; F Notary Public for Idaho
EXPIRES 6•"r202 � Residing at;
e • My Commission Expir s:�=•
C30.,••s .r•,r,�,o
STATE OF IDAHO ) �1yr,'q• 0: `�&
ss
County of Ada )
On this day of t p GQ.t b&,-, 2018, before me, a Notary Public, personally appeared Tammy de
Weerd and C.Jay Coles, know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed
the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed
the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate
first above written.
Notary Public for Idaho
CHARLENE WAY Residing at: 'Tn Qn1 rl la&) of Ctl�
Commission expires; A -28' 262.2.
COMMISSION 067390
VELOPMENwETBRIDGE S DIVISION (H-2018-0088) PAGE 8 OF 8
(1STATE OF IDAHO
MY COMMISSION EXPIRES 301=
5111a MUM
Legal De&crlption & Exhibit Map for Annexation Boundary
Description For
Wastbridge Subdivision Annexation Parcel
A Parcel of land located in the SE 1/4 of the NE 114 of Section 28, T4N., R.M, SM.,
Ada County, Idaho, more paWicularly described as follows.
Commencing at the NE corner of said Section 28 from Which the E114 comer of said
Section 28 beart; South 00023'04"West. 2638.68 feet;
thence along the East boundary line of said Section 28 South 00*Mi1"West, 1750,05
feet to the S5 corner of Compton% Subdivision No. 2 as filed in Boob 31 of Plats at pages 1936
through MG, records Ads County, Idaho, sold point being the REAL POINT OF BEGINNING,
thence continuing along said East boundary line South D0*2VO4*' West, 469.00 feet;
thence leaving said East boundary fine North 89'1271 &''West, 1,136.34 feet;
tbonce North 0002W04" East, 230.00 feet,
thence North U'22`18" West, 175.06 feet to a polhUon the West boundary line of the $E
114 of the NE 114 of Section 28;
thence slang said West boundary line North 00'36'01" Easl, 225,52 feet to the SW
corner of said Comptons Subdivision No. 2.,
thence along the South boundary of said Compton't SubdIvislon No. 2 South 89031'26'
East, 1,310.94 feet to the REAL POINT OF $EGINNING. Containing 12,84 acres, mare or
leo.
SA IS Urmi—ndwmade I Moaftilm tape I T- I An twx OmAo.,
Meridian City Council Meeting Agenda December 11, 2018 - Page 26 of 270
S.21 S.22
& 8;S.''
SUBDIVISION NO 02
1LAS 89
Uil cc
W1 I Z
1-0 �Lh;I4'Z.
10 :cd
z
1184 ACRE
Fw- T7579
Cal a)
Li
w ITs
rr
6.,34T
UMPM TTED
S.28;S.27
Z 7790
25 100
50 20D
SCALE- 1 100'
IDAHO
SURVEY
GROUP, LLC
EXHIBIT — DRAWING FOR
WESTBRIDGE SUBDIVISION ANNEXATION
D'i a
Meridian City Council Meeting Agenda December 11, 2018 — Page 27 of 270
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2018-0088 - 1 -
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND DECISION & ORDER
In the Matter of the Request for Annexation and Zoning of 12.84 Acres of Land with an R-4 Zoning
District; and Preliminary Plat Consisting of 30 Building Lots and 9 Common Lots on 12.71 Acres of
Land in the R-4 Zoning District for Westbridge Subdivision, by Jane Suggs.
Case No(s). H-2018-0088
For the City Council Hearing Date of: November 7, 2018 (Findings on November 20, 2018)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of November 7, 2018, incorporated
by reference)
2. Process Facts (see attached Staff Report for the hearing date of November 7, 2018, incorporated
by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of November 7,
2018, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of November 7, 2018, incorporated by reference)
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the “Local Land Use
Planning Act of 1975,” codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503).
2. The Meridian City Council takes judicial notice of its Unified Development Code codified at
Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by
ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of
Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A.
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not impose
expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Decision, which shall be
signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the
Community Development Department, the Public Works Department and any affected party
requesting notice.
Meridian City Council Meeting Agenda November 20, 2018 – Page 202 of 370
EXHIBIT B
Meridian City Council Meeting Agenda December 11, 2018 – Page 28 of 270
That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of November 7, 2018, incorporated by reference. The conditions are concluded to be
reasonable and the applicant shall meet such requirements as a condition of approval of the
application,
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon
the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that:
1. The applicant's request for annexation & zoning and preliminary plat is hereby approved with
the requirement of a Development Agreement per the provisions in the Staff Report for the
hearing date of November 7, 2018, attached as Exhibit A.
D. Notice of Applicable Time Limits
Notice of Preliminary Plat Duration
Please take notice that approval of a preliminary plat, combined preliminary and final plat, or
short plat shall become null and void if the applicant fails to obtain the city engineer's signature
on the final plat within two (2) years of the approval of the preliminary plat or the combined
preliminary and final plat or short plat (UDC 11 -6B -7A).
In the event that the development of the preliminary plat is made in successive phases in an
orderly and reasonable manner, and conforms substantially to the approved preliminary plat,
such segments, if submitted within successive intervals of two (2) years, maybe considered for
final approval without resubmission for preliminary plat approval (UDC 11 -6B -7B).
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11-613-7.A, the Director may authorize a single extension of time to obtain the City
Engineer's signature on the final plat not to exceed two (2) years. Additional time extensions up
to two (2) years as determined and approved by the City Council may be granted. With all
extensions, the Director or City Council may require the preliminary plat, combined
preliminary and final plat or short plat to comply with the current provisions of Meridian City
Code Title 11. If the above timetable is not met and the applicant does not receive a time
extension, the property shall be required to go through the platting procedure again (UDC 11 -
6B -7C).
Notice of Development Agreement Duration
The city and/or an applicant may request a development agreement or a modification to a
development agreement consistent with Idaho Code section 67-6511A. The development
agreement may be initiated by the city or applicant as part of a request for annexation and/or
rezone at any time prior to the adoption of findings for such request.
A development agreement may be modified by the city or an affected party of the development
agreement. Decision on the development agreement modification is made by the city council in
accord with this chapter. When approved', said development agreement shall be signed by the
property owner(s) and returned to the city within six (6) months of the city council granting the
modification.
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-2018-0088 -2-
Meridian City Council Meeting Agenda l9evernber 20, 2018 — Page 29152300
agreement by all parties and/or may be requested to extend the time, allowed for the agreement
to be signed and returned to the city if filed prior to the end of the six (6) month approval
period.
E. Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development
application entitles the Owner to request a regulatory taking analysis. Such request must be in
writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the
final decision concerning the matter at issue. A request for a regulatory takings analysis will
toll the time period within which a Petition for Judicial Review may be filed.
2. Please take notice that this is a final action of the governing body of the City of Meridian.
When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person
who has an interest in real property which may be adversely affected by the final action of the
governing board may within twenty-eight (28) days after the date of this decision and order
seek a judicial review as provided by Chapter 52, Title 67, Idaho Code.
F. Attached: Staff Report for the hearing date of November 7, 2018
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2018-0088 -3-
Meridian City Council Meeting Agenda l2evernber 20, 2018 — Page 201b62300
By action of the City Council at its regular meeting held on the
2018.
COUNCIL PRESIDENT JOE BORTON
COUNCIL VICE PRESIDENT LUKE CAVENER
COUNCIL MEMBER ANNE LITTLE ROBERTS
COUNCIL MEMBER TY PALMER
COUNCIL MEMBER TREG BERNT
COUNCIL MEMBER GENESIS MILAM
MAYOR TAMMY de WEERD
TIE BREAKER)
2(P
day of ,
Attest: ,;&5 " r GUST
2 Chv oP w
EIDIAN
C.J oles t=
City Clerk z^ SEAL ')
VOTED Cj
Vkl
VOTED
VOTED `N4
VOTED
VOTED `,e, l
VOTED_
1/
VOTED
Qorkt) n, n U HCl l eulcl
Copy served upon Applicant, Community Development Department, Public Works Department and City
Attorney.
By: Dated:
City Clerk's Office
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2018-0088 - 4 -
Meridian City Council Meeting Agenda December 11, 2018 – Page 31 of 270
Westbridge Subdivision – AZ, PP H-2018-0088 PAGE 1
STAFF REPORT
Hearing Date: November 7, 2018
TO: Mayor & City Council
FROM: Sonya Allen, Associate City Planner
208-884-5533
Bruce Freckleton, Development Services Manager
208-887-2211
SUBJECT: Westbridge Subdivision – AZ, PP (H-2018-0088)
I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST
The applicant, Jane Suggs, has submitted an application for annexation and zoning (AZ) of 12.84
acres of land with an R-4 zoning district; and a preliminary plat (PP) consisting of 30 building lots
and 9 common lots on 12.71 acres of land for Westbridge Subdivision.
II. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed AZ and PP applications with the requirement of a
Development Agreement in accord with the provisions in Exhibit B and the Findings of Fact and
Conclusions of Law in Exhibit D.
The Meridian Planning & Zoning Commission heard these items on October 4, 2018. At the
public hearing, the Commission moved to recommend approval of the subject AZ and PP
requests.
a. Summary of Commission Public Hearing:
i. In favor: Jane Suggs, Applicant’s Representative
ii. In opposition: None
iii. Commenting: None
iv. Written testimony: Jane Suggs, Applicant’s Representative
v. Staff presenting application: Sonya Allen
vi. Other staff commenting on application: None
b. Key issue(s) of Public Testimony:
i. None
c. Key Issues of Discussion by Commission:
i. The Commission was in favor of larger lot sizes and decreased density with the “step”
down in density requested by the Applicant.
d. Commission Change(s) to Staff Recommendation:
i. None
e. Outstanding Issue(s) for City Council:
i. None
The Meridian City Council heard these items on November 7, 2018. At the public hearing, the
Council approved the subject AZ and PP requests.
a. Summary of City Council Public Hearing:
i. In favor: Jane Suggs, Applicant’s Representative
ii. In opposition: None
iii. Commenting: Libby Bagley; Denise LaFever
EXHIBIT A
Meridian City Council Meeting Agenda November 20, 2018 – Page 206 of 370Meridian City Council Meeting Agenda December 11, 2018 – Page 32 of 270
L
ff
iv. Written testimony: Jane Suggs, Applicant's Representative
V. Staff presenting application: Sonya Allen
A Other staff commenting on application: None
'Key issuets) of Public Te
RE Mute] 1Tr1r_-r-M nmm-. i FIN I I
�Wwlljl
111. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Number H-2018-
0088, as presented in the staff report for the hearing date of November 7, 2018,,with the following
modifications: (Add any proposed modifications).
Denial
After considering all staff, applicant and public testimony, I move to deny File Number H-2018-0088,
as presented during the hearing on November 7, 2018, for the following reasons: (You should state
specific reasons for denial)
Continuance
I move to continue File Number H-2018-0088, to the hearing date of (insert continued hearing date
here) for the following reason(s): (You should state specific reason(s) for continuance.)
IV. APPLICATION AND PROPERTY FACTS
A. Site Address/Location:
The site is located at 5745 & 5865 N. Black Cat Rd., in the NE '/4 of Section 28, Township 4N.,
Range IW. (Parcel Numbers: S0428143150 & 50428141600)
B. Owners:
Viper Investments Susan Brandel
1977 E. Overland Rd. 3 313 W. Cherry Ln.
Meridian, ID 83642 Meridian, ID 83642
C. Applicant:
Jane Suggs, WH Pacific
2141 W. Airport Way, Suite 104
Boise, ID 83705
D. Representative:
Same as Applicant
E. Applicant's Statement/Justification: Please see applicant's narrative for this information.
V. PROCESS FACTS
A. The subject application is for annexation and zoning and preliminary plat. A public hearing is
required before the Planning & Zoning Commission and City Council on this matter, consistent
with Meridian City Code Title 11, Chapter 5.
B. Newspaper notifications published on: September 14, 2018 (Commission); October 19, 2018
Westbridge Subdivision — AZ, PP H-2018-0088 PAGE 2
Meridian City Council Meeting Agenda 6tevernber 20, 2018 — Page 26b62200
(Council)
C. Radius notices mailed to properties within 300 feet on: September 7, 2018 (Commission);
October 16, 2018 (Council)
D. Applicant posted notice on site(s) on: September 21, 2018 (Commission); October 24, 2018
(Council
VI. LAND USE
A. Existing Land Use(s) and Zoning: The annexation area consists of two (2) single-family
residential parcels, zoned RUT in Ada County.
B. Character of Surrounding Area and Adjacent Land Use and Zoning:
1. North: Rural residential properties, zoned RUT in Ada County
2. South: Future residential (Oaks North Subdivision), zoned R-15
3. West: Future school site, zoned RUT in Ada County
4., East: N. Black Cat Rd. and single-family residential (Bainbridge Subdivision), zoned R-8
C. History of Previous Actions: None
D. Utilities:
1. Location of sewer: Sanitary sewer service, is available to this property from the existing
sanitary sewer trunk line in N. Black Cat Road.
2. Location of water: Domestic water service is available to this property from existing water
main line in N. Black Cat Road.
3. Issues or concerns: None
E. Physical Features:
1. Canals/Ditches Irrigation: The McMullen Lateral runs along the north boundary of this
property.
2. Hazards: Staff is not aware of any hazards that exist on this property.
3. Flood Plain: This property is not within the flood plain.
VII. COMPREHENSIVE PLAN POLICIES AND GOALS
The Comprehensive Plan Future Land Use Map (FLUM) designates this site as Medium Density
Residential (MDR). The purpose of the MDR designation is to allow smaller lots for residential
purposes within City limits. Uses may 'include single-family homes at gross densities of 3 to 8
dwelling units per acre (d.u./acre).
The applicant proposes to develop this 12.71 acre site with 30 single-family residential detached
homes at a gross density of 2.4 dwelling units per acre (d.u./acre), which is slightly below that desired
in MDR designated areas. Per the Comprehensive Plan, in residential areas, other residential densities
will be considered without requiring an amendment to the Plan; however, the density can only be
changed one "step" (i.e. from low to medium, not low to high). The reasons stated by the Applicant
for the request are as follows: 1) increasing the density to more than 30 lots would require a
secondary emergency access to be provided and fire flow would need to be addressed differently;
and, 2) the geometry and characteristics of the site (i.e. the location of the McMullen Lateral along
the north boundary, and the necessary public streets) impact the available building area resulting in a
lower density than desired in the Comprehensive Plan.
Westbridge Subdivision — AZ, PP H-2018-0088 PAGE 3
Meridian City Council Meeting Agenda Nevernber 20, 2018 — Page 206b62300
Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to
the proposed use (staff analysis in italics):
"Support a variety of residential categories (low-, medium-, medium-high and high-density
single-family, multi -family, townhouses, duplexes, apartments, condominiums, etc.) for the
purpose of providing the City with a range of affordable housing opportunities." (3.07.0 1 E)
The proposed low density development with single-family detached homes will contribute to
the variety of housing types available within the northern portion of the City. Staff is unaware
of how "affordable" the units will be.
"Permit new development only where urban services can be reasonably provided at the time
of final approval and development is contiguous to the City." (3.01.0'1F);
City services are available and will be extended by the developer to the proposed lots with
development of the site in accord with UDC 11-3A-21.
"Require common area in all subdivisions." (3.07.02F)
A minimum of 10% qualified open space is required to be provided with this development in
accord with the standards listed in UDC 11-3G-3 asproposed.
"Review new development for appropriate opportunities to connect local roads and collectors
to adjacent properties (stub streets). (3.03.020)
The proposed plat depicts two stub streets to adjacent properties to the north and south of
this development for future; extension and interconnectivity.
"Coordinate with public works, police, and fire departments on proposed annexation and
development requests, and the impacts on services." (3.04.01H)
Staff has coordinated with public works., police and fire and has incorporated their comments
and conditions in Exhibit B of this report.
"Consider the adopted COMPASS regional long-range transportation plan in all land use
decisions." (3.03.,02G)
A review of this development was completed by COMPASS and is included in Exhibit B
(section 10).
"Develop pathways to connect Meridian with Boise, Nampa, Kuna and Eagle." (6.01.02C)
A segment of the City's multi -use pathway system is proposed along the east side of this site
adjacent to N. Black Cat Rd. and will eventually provide a connection between adjacent
cities.
For the above -stated reasons, staff finds the proposed project is generally consistent with the goals
and objectives in the Comprehensive Plan if a "step" down in density is deemed appropriate by City
Council.
VIII. UNIFIED DEVELOPMENT CODE (UDC)
A. Purpose Statement of Zone: Per UDC 11-2A-1, the purpose of the residential districts is to
provide for a range of housing opportunities consistent with the Meridian comprehensive plan.
Residential districts are distinguished by the dimensional standards of the corresponding zone and
housing types that can be accommodated.
B. Schedule of Use: Unified Development Code (UDC) Table 11-2A-5 lists the principal permitted
(P), accessory (A), conditional (C), and prohibited (-) uses in the R-4 zoning district. Any use not
Westbridge Subdivision — AZ, PP H-2018-0088 PAGE 4
Meridian City Council Meeting Agenda l9evember 20, 2018 — Page 26%62300
explicitly listed, or listed as a prohibited use is prohibited. The proposed use of the site for single-
family detached 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 Table I 1-2A-5 for the R-4 zoning district.
D. Landscaping: Street buffer landscaping is required as set forth in UDC Table 11-2A-5 in accord
with the standards listed in UDC 11-313-7C.
E. Subdivision Design and Improvement Standards: The subdivision must comply with the
subdivision design standards outlined in UDC 11-6C-3.
F. Off -Street Parking: Off-street parking is required in accord with UDC Table 11-3C-6 for single-
family dwellings.
IX. ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
1. Annexation & Zoning
The applicant has applied for annexation and zoning of 12.84 acres of land with an R-4 zoning
district with a request for a "step" down in density from MDR to LDR as discussed above in
Section VII. The proposed R-4 zoning district is compatible with either the LDR or MDR FLUM
designation and with the proposed plat.
The applicant proposes to develop 29 new single-family residential detached homes on the site
for a total of 30 building lots with retention of the existing home at the west boundary of the site
at a gross density of 2.4 units per acre. Because the proposed density is slightly below that
desired within the MDR FLUM designation of 3 to 8 units per acre, Council approval of a
"step" down in density is required. If Council does not determine a step down is
appropriate, the density will need to be increased slightly consistent with that desired in the
MDR designation.
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 a total of 30 building lots for single-family residential detached
homes and 9 common lots on 12.71 acres of land in a proposed R-4 zoning district (see Exhibit
A.2). The gross overall density for the subdivision is 2.4 dwelling units per acre (d.u./acrq) with a
net density of 4.2 d.u./acre. Proposed building lots range in size from 8,096 to 13,570 square feet
with an average new lot size of 10,060. This subdivision is proposed to develop in one phase.
Existing Structures: There are two (2) existing homes and accessory structures on this site. The
existing home at 5865 N. Black Cat Rd. at the west end of the development will remain on
proposed Lot 2, Block 1; all other structures should be removed prior to City Engineer's signature
on the final plat.
Westbridge Subdivision — AZ, PP H-2018-0088 PAGE 5
Meridian City Council Meeting Agenda l9evember 20, 2018 — Page 26(k)52300
Dimensional Standards: Development of this site is required to comply with the dimensional
standards listed in UDC 11-2A-5 for the R-4 zoning district. Staff has reviewed the proposed plat
and found all of the proposed lots to comply with the minimum dimensional standards of the
district. Future structures on the site are required to comply with the setback standards of the R-4
zoning district.
Traffic: ACHD did not require a Traffic Impact Study (TIS) for the proposed development. See
comments from ACHD and ITD in Exhibit B of this report.
Access: One access is proposed for this site via N. Black Cat Road. If Council does not approve
the "step'' down in density and additional lots are added, a secondary emergency access will be
required in accord with International Fire Code standards.
Stub Streets: Two (2) stub streets are depicted on the preliminary plat — one to the north (N.
Willowside Ave.) and one to the south (N. Oakstone Ave.) — for future extension and
interconnectivity with adjacent future developments as set forth in the Comprehensive Plan. A
stub street was shown on the preliminary plat for the Oaks North development at the south
boundary of this site in alignment with the proposed N. Oakstone Ave. Since this street will
eventually be extended to the south, Staff recommends a temporary turn around easement
is placed on the lots affected by the cul-de-sac to terminate when the cul-de-sac is no longer
necessary.
Parking: Off-street parking is required on each residential lot in accord with the standards listed
in UDC 11-3C-6.
Landscaping: Landscaping is required to be provided in the subdivision in accord with the
standards listed in UDC 11 -3B -7C (Street Buffers/Parkways), 11 -3G -3E (Common Open Space
Areas), and 11 -3B -12C (Pathways)
A 35 -foot wide street buffer is required along N. Black Cat Road, an entryway corridor. The
Landscape Calculations table should include calculations that demonstrate compliance with
the parkway landscape standards.
Tree Mitigation: Mitigation is required for all existing trees 4" caliper or greater that are
removed from the site with equal replacement of the total calipers lost on site up to an amount of
one hundred percent replacement.
The landscape plan states the existing trees around the existing houses are proposed to be
removed and that trees will be mitigated for within common open spaces and landscape buffers.
A total of 72 trees (144 caliper inches) are proposed as mitigation for existing trees that are
proposed to be removed. Prior to removal of ANY trees on the site, the Applicant should
contact the City Arborist, Elroy Huff (208)371-1755, to confirm mitigation requirements.
Open Space/Site Amenities: The UDC requires a minimum of 10% qualified open space to be
provided with development and a minimum of one qualified site amenity.
A total of 1.6 acres of qualified open space is proposed within the development consisting of half
the street buffer along N. Black Cat Rd., an arterial street; the parkway along the south side of W.
Vanderbilt Dr.; common area containing a micro -path to the school site, a tot lot and a storm
water drainage facility in accord with UDC standards.
A segment of the City's regional pathway system is proposed along the east boundary of this site
adjacent to N. Black Cat Rd., a micro -path to the school site and a tot lot with play equipment is
proposed as amenities for the subdivision in accord with UDC standards.
Sidewalks: Sidewalks are required along all public streets as set forth in UDC 11-3A-17. A
detached sidewalk is required to be constructed along N. Black Cat Rd., an arterial street.
Westbridge Subdivision — AZ, PP H-2018-0088 PAGE 6
Meridian City Council Meeting Agenda l9evember 20, 2018 — Page 21b52300
Because a multi -use pathway is depicted on the Pathways Master Plan along the west side of N.
Black Cat Rd., Staff recommends a 1 0 -foot wide pathway is constructed in lieu of a sidewalk.
Pathways: Pathways are required to be constructed in accord with the standards listed in UDC
11-3A-8 and the Pathways Master Plan as applicable; landscaping is required adjacent to
pathways in accord with the standards listed in UDC 11-313-12C.
The Pathways Master Plan depicts a regional pathway on this site along the west side of N. Black
Cat Rd. Staff recommends the pathway is constructed in lieu of a sidewalk in this location. A
micro -path is also proposed at the west boundary to the future school.
Parkways: Parkways are proposed along the south side of W. Vanderbilt Drive and are required
to be landscaped in accord with the standards listed in UDC 11 -3A -17E if counted toward
qualified open space 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. The existing home
proposed to remain on Lot 2, Block 1 shall hook up to City water and sewer service within
60 days of it becoming available.
Street lighting is required to be installed within the development in accord with the City's
adopted standards, specifications and ordinances.
Pressurized Irrigation (PI): An underground PI system is required to be provided to each lot in
the subdivision as proposed in accord with UDC 11-3A-15. Pressurized irrigation is proposed to
be provided by the Settler's Irrigation District and will be owned and maintained by the
Homeowner's Association. The primary irrigation source will be the McMullen Lateral.
Storm Drainage: An adequate storm drainage system is required in all developments in accord
with the City's adopted standards, specifications and ordinances. Design and construction shall
follow best management practice as adopted by the City as set forth in UDC 11-3A-18 A storm
drainage pond is proposed on Lot 13, Block I and Lot 1, Block 3. Note: All ponds with a
permanent water level shall comply with the standards listed in UDC 11 -3G -3B.8, including
having recirculated water and be maintained so that it doesn't become a mosquito breeding
ground.
Waterways: The UDC (11-3A-6) requires all irrigation ditches, laterals, canals and drains to be
piped unless left open as a water amenity (as defined in UDC 11-1A-1) or linear open space. The
McMullen Lateral runs along the northern boundary of this site and is proposed to be piped with
development; the easement for the lateral should be depicted on the plat.
Building Elevations: The applicant has submitted conceptual building elevations for future
single-family detached homes within this development (see Exhibit A.5). Building materials
consist ofa mix of siding materials with stone veneer accents. Future structures shall be generally
consistent with these elevations.
Fencing: All fencing should comply with the standards listed in UDC 11-3A-6 and 11-3A-7. A 6 -
foot tall vinyl fence is proposed around the perimeter of the development; a 4 -foot tall vinyl fence
is proposed along the pathway on Lot 3, Block 1.
The height and/or material of the 6 -foot tall fence proposed adjacent to the drainage pond
on Lot 13, Block 1 and Lot 1, Block 3; and adjacent to Lot 1, Block 1 and Lot 10, Block 2
where the (piped) McMullen Lateral is located should be revised to comply with the
standards fisted in UDC 11 -3A -7A.7.
In summary, Staff recommends approval of the proposed annexation and zoning with a "step
down in density from MDR to LDR with the requirement of DA, and the proposed preliminary
Westbridge Subdivision — AZ, PP H-2018-0088 PAGE 7
Meridian City Council Meeting Agenda l9evember 20, 2018 — Page 282)52300
plat with the provisions in Exhibit B of this report in accord with the Findings contained in
Exhibit D:
X EXHIBITS
A. Drawings/Other
1. Vicinity/Zoning Map
2. Proposed Preliminary Plat (dated: 8/1/18)
3. Proposed Landscape Plan (dated: W25/18 10/15/18)
4. Qualified Open Space Exhibit
5. Conceptual Building Elevations
B. Agency& Department Comments/Conditions
C. Legal Description & Exhibit Map for Annexation Boundary
D. Required Findings from Unified Development Code
Westbridge Subdivision — AZ, PP H-2018-0088 PAGE 8
Meridian City Council Meeting Agenda 19acernber 20, 2018 — Page 293)f)2300
Exhibit A Page 1
A. Drawings
1. Vicinity/Zoning Map
Meridian City Council Meeting Agenda November 20, 2018 – Page 214 of 370Meridian City Council Meeting Agenda December 11, 2018 – Page 40 of 270
2. Proposed Preliminary Plat (dated: 8/1/18)
FMIMARY FIAT FOR
E
dry
%sea
=Z --
R
'oz
�JFialtow"EtAm,
Exhibit A Page 2
Meridian City Council Meeting Agenda 61evernber 20, 2018 — Page Al 5)62300
3. Proposed Landscape Plan (dated: 7/25,118 10/15/18)
L, � v*('' P � � 5 • [ � r vast t' * ^Yr ^ 7 2a i�ik�,�'1�x k�
Z E e NtvMr�M
�srt+ 3
s
19,
Be-�tf4 lc "try f
T 'evE : R',�
vAa� �,Po ! sLM qLi R v aw �` tW 1, 9 Q
rs+ t
Xs
7 i 2
:
FI -ANT FN-ETTE
RE
,-)
'�'�f caM Y✓kfi �
ci. �nry aL'
. �•Ya[RtR � Sri[n9'
L.� •ice n ,sue Rsc y �..
w u�x r�.a rp wta!nuu I ,rev�xGa:
t ui� c a zrv>*ts
a 1 . �l� t3EaldrP e.J t' 'Et• erY A�Lp»wla*" tIM. —.r FccrorV.L -
bua aL[£
krweuisex nix'utn....
.':c..N. ks{s
A£b
n
Rf6 �
rnA1lnMtcc ':WlY�
Ftp...
'-1
t
�
f� � Lk4erN y tiA Lf N H
•,W
na'F Nv eWwpJt*�^ n.
NAN.w �NT`'NgY!
x4hk �!
MnM+�mwuAk
d �:
m
Nx Wffh
eevt� WP F 5'4
VF,
M P we LF
Po�jVw � ttu. Hv'
1 wx ���
M �Ki NNV kP A N
i Ame.
ct� 1ia/�i N! f'rrvvR
M �5N3&b sCwlrWy`
� xa.
�aµ
G: u3N - trp ixmry "=nLL��Ml6 DP. 9i�v.[xr
il�R�r.a .. FNFYasN�m by/tI��Won .'m^a.. 2KnB1e ]Pwcno-LAr F. vb.+GHast ec.xM.[rax Pf3Arvf.4..
O..Firr.,I 71?.FE PL n,NTI DItJ-Tak=tM,
v rtC m'Pl: :'r-ti'rax�e.
Q 5W WI FI AYJTIh-k'x
�ccEtl5
}i��m9n�. — RF_�t�TEH niYPNe.
Gi) WIWL MIVALY FENCE
IWF re x+.LL:
NOI5
}A" L f'PG1b � IFaM W&+dl• aL MVA KtaRpN91K
rti�r� w 4am :fix tuY wxn Yx�
4u ESfEfr.�N���Ne£tE1n
#u�j41 i GArtrt 'k Yl MRav
,rEtrx ylIf Ka[F#H+VMb I#flP'ci t+E R�ru*Sf+ri
"filhc4 "M, eM- �.tw M Us t� tY
K M �AFi�'� Few FP
1 xs xr >n
-�Ni'�.�'we sNr t+R�: sxre Fvxdarr �!': �Y.c�aue
I-ANi`B AM CN-CL4A" OKS
.wr, avi�a
nr wwn w,M xm wo-.,f i v=.>+r nx+iro! w n'i ^ln
DEVELOPMENT DATA
+ *JE^rte. vv —. lay n`Ets
rc
PR
vlr
Sy�2M
�IEtI =E^IB�7F8
Exhibit A Page 3
Meridian City Council Meeting Agenda l9eaember 20, 2018 — Page 22(bUZOO
4. Qualified Open Space Exhibit
Meridian City Council Meeting Agenda 6leuember 20, 2018 — Page 23b62300
3 -
5. Conceptual Building Elevations
Meridian City Council Meeting Agenda November 20, 2018 – Page 218 of 370Meridian City Council Meeting Agenda December 11, 2018 – Page 44 of 270
1. PLANNING DivisioN
1.1 Comments/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.
Currently, a fee of $303.00 shall be paid by the applicant to the Planning Division prior to
commencement of the DA. The DA shall be signed by the property owner and returned to the
City within six (6) months of the City Council granting annexation. The DA shall, at minimum,
incorporate the following provisions:
a. Development shall substantially comply with the preliminary plat, landscape plan and
building elevations included in Exhibit A and the associated conditions of approval in the
staff report.
b. The existing home proposed to be retained on Lot 2, Block I shall hook up to City water and
sewer service within 60 days of it becoming available as set forth in MCC 9-1-4 and 9-4-8.
1.1.2 The preliminary platincluded in Exhibit A.2, dated 8/1/18, shall be revised as follows:
a. Staff recommends a temporary tam -around casement is depicted on the lots affected by the
cul-de-sac at the end of N. Oakstone Ave. to terminate when the street is extended to the
south.
b. Depict the easement for the McMullen Lateral on Lot 1, Block 1.
4-.1-.-3 The landscape plan included in Exhibit A.4, dated 712 8 10/15/2018, Aall �be i4ed as
followsis approved:
1.1.4 Prior to removal of ANY trees on the site, the Applicant shall contact the City Arborist,
Elroy Huff (208)371-1755, to confirm mitigation requirements.
1.1.5 Provide qualified open space (1.6 acres) and site amenities (tot lot play equipment, segment of the
City's multi -use pathway system, micro -path to the school site) as proposed with this application
in accord with the standards listed in UDC 11-3G-3.
1.1.6 Submit a detail of the proposed tot lot play equipment with the final plat application.
1.1.7 A -'10 -foot wide multi -use pathway shall be constructed within the street buffer along N. Black Cat
Rd. in accord with the Pathways Master Plan.
1.1.8 Prior to submittal of a final plat for City Engineer signature, the applicant shall submit a public
access easement for a multi -use pathway along the west side of N. Black Cat Rd. to the Planning
Division for Council approval and subsequent recordation;. The easement shall be a minimum of
14' wide (10' pathway + 2' shoulder each side). Note: If the pathway will be located within the
right-of-way, an easement is not required unless required by A CHD.
-4-
Meridian City Council Meeting Agenda l9evernber 20, 2018 — Page 25%52300
.1
=I�VrMn
1.1.4 Prior to removal of ANY trees on the site, the Applicant shall contact the City Arborist,
Elroy Huff (208)371-1755, to confirm mitigation requirements.
1.1.5 Provide qualified open space (1.6 acres) and site amenities (tot lot play equipment, segment of the
City's multi -use pathway system, micro -path to the school site) as proposed with this application
in accord with the standards listed in UDC 11-3G-3.
1.1.6 Submit a detail of the proposed tot lot play equipment with the final plat application.
1.1.7 A -'10 -foot wide multi -use pathway shall be constructed within the street buffer along N. Black Cat
Rd. in accord with the Pathways Master Plan.
1.1.8 Prior to submittal of a final plat for City Engineer signature, the applicant shall submit a public
access easement for a multi -use pathway along the west side of N. Black Cat Rd. to the Planning
Division for Council approval and subsequent recordation;. The easement shall be a minimum of
14' wide (10' pathway + 2' shoulder each side). Note: If the pathway will be located within the
right-of-way, an easement is not required unless required by A CHD.
-4-
Meridian City Council Meeting Agenda l9evernber 20, 2018 — Page 25%52300
1.1.9 Off-street parking is required on each residential lot in accord with the standards listed in UDC
11-3C-6.
1.2 General Conditions of Approval
1.2.1 Comply with all bulk, use, and development standards of the R-4 zoning district listed in UDC
Table 11-2A-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 for irrigation ditches, laterals, canals and/or drainage courses, as set
forth in UDC 11-3A-6
1.2.4 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11-3A
15,
1-3A15, UDC 11-3B-6 and MCC 9-1-28.
1.2.5 Comply with the sidewalk standards as set forth in UDC 11-3A-17.
1.2.6 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11 -3B -5J.
1.2.7 Construct the required landscape buffers consistent with the standards as set forth in UDC 11-3B
7C
1 -3137C
1.2.8 Construct storm water integration facilities that meet the standards as set forth in UDC 11-3B
11C'.
1-3B11C.
1.2.9 Construct all parkways consistent with the standards as set forth in UDC 11 -3A -17E, 11-3G-3135
and 11 -3B -7C.
1.2.10 Comply with all subdivision design and improvement standards as set forth in UDC 11-6C-3,.
including but not limited to cul-de-sacs, alleys, driveways, common driveways, easements,
blocks, street buffers, and mailbox placement.
1.2.11 Protect any existing trees on the subject property that are greater than four -inch caliper and/or
mitigate for the loss of such trees as set forth in UDC I 1-3B-10
1.2.12 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle.
1.3 Ongoing Conditions of Approval
1.3.1 The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets
the standards as set forth in UDC 11-3B-6 and to install and maintain all landscaping as set forth
in UDC 11-313-5., UDC 11-31343 and UDC 11-313-14.
1.3.2 All common open space and site amenities shall be maintained by an owner's association as set
forth in UDC 11-3G-3FI,
1.3.3 The project is subject to all current City of Meridian ordinances.
1.3.4 The applicant and/or property owner shall have an ongoing obligation to prune all trees to a
minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the
area.
1.3.5 The applicant shall have an ongoing obligation to maintain all pathways.
1.3.6 The applicant has a continuing obligation to comply with the outdoor lighting provisions as set
forth in UDC 11-3A-11.
1.3.7 The applicant and/or property owner shall have an ongoing obligation to maintain all landscaping
and constructed features within the clear vision triangle consistent with the standards in UDC 11
3A-3. I3A-3.
5,
Meridian City Council Meeting Agenda 6levernber 20, 2018 — Page A0(b62200
L4 Process Conditions of Approval
1.4.1 No signs are approved with this application. Prior to installing any signs on the property, the
applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3
Article D and receive approval for such signs.
1.4.2 The applicant shall complete all improvements related to public life, safety, and health as set forth
in UDC 11 -5C -3B. A surety agreement may be accepted for other improvements in accord with
UDC 11 -5C -3C.
1.4.3 The final plat, and any phase thereof, shall substantially comply with the approved preliminary
plat as set forth in UDC 11 -6B -3C2.
1.4.4 The applicant shall obtain approval for all successive phases of the preliminary plat, within two
years of the signature of the City Engineer on the previous final plat as set forth in UDC 11-6B
7B
1-6137B (if applicable).
1.4.5 The preliminary platapproval shall be null and void if the applicant fails to either 1) obtain the
City Engineer signature on a final plat within two years; or, 2) gain approval of a time extension
asset forth in UDC 11-6B-7:
1.4.6 Upon installation of the landscaping and prior to inspection by Planning Division staff, the
applicant shall provide a written certificate of completion as set forth in UDC I 1-313-14A.
2. PUBLIC WORKS DEPARTMENT
2.1 SITE SPECIFIC CONDITIONS OF APPROVAL
2.1.1 A street lighting plan will be required with the submittal of development plans. Plan
requirements can be found in section 6-5 of the Improvement Standards for Street Lighting at
http://www.meridianciiy.org/public_works.aspx?id-272
2.1.2 The water main shown in N Oakstone Ave will need to extend to the south boundary of this
development for a future extension to the south.
2.1.3 If the existing home located on Lot 2, Block 1 is to remain, the applicant shall be responsible for
all costs, as well as the physical connection to sanitary sewer and water services.
2.1.4 If the existing home located on Lot 2, Block 1 is to remain, the street address will be re -assigned
to a N. Willowside Avenue address with this development.
2.2 GENERAL CONDITIONS OF APPROVAL
2.2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works
Department, and execute standard forms of easements for any mains that are required to provide
service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover
from top of pipe to sub -grade is less than three feet than alternate materials shall be used in
conformance of City of Meridian Public Works Departments Standard Specifications.
2.2.2 Per Meridian City Code (MCC), the applicant shall be responsible to install sewer and water
mains to and through this development. Applicant may be eligible for a reimbursement
agreement for infrastructure enhancement per MCC 8-6-5.
2.2.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of
way (include all water services and hydrants). The easement widths shall be 20 -feet wide for a
single utility, or 30 -feet wide for two. The easements shall not be dedicated via the plat, but
rather dedicated outside the plat process using the City of Meridian's standard forms. The
easement shall be graphically depicted on the plat for reference purposes. Submit an executed
easement (on the form available from Public Works), a legal description prepared by an Idaho
-6-
Meridian City Council Meeting Agenda l9evernber 20, 2018 — Page 22b52300
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 12-13-8.3). The applicant should be required to use any existing surface or
well water for the primary source. If a surface or well source is not available, a single -point
connection to the culinary water system shall be required. If a single -point connection is utilized,
the developer will be responsible for the payment of assessments for the common areas prior to
prior to receiving development plan approval.
2.2.5 All existing structures that are required to be removed shall be prior to signature on the final plat
by the City Engineer. Any structures that are allowed to remain shall be subject to evaluation and
possible reassignment of street addressing to be in compliance with MCC.
2.2.6 All irrigation ditches, canals', laterals, or drains, exclusive of natural waterways, intersecting,
crossing or laying adjacent and contiguous to the area being subdivided shall be tiled per UDC
11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any
other applicable law or regulation.
2.2.7 Any existing domestic well system within this project shall be removed from domestic service per
City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at
(208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic
purposes such as landscape irrigation if approved by Idaho Department of Water Resources
Contact Robert B. Whitney at (208)334-2190.
2.2.8 Any existing septic systems within this project shall be removed from service per City Ordinance
Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and
inspections (208)375-5211.
2.2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated,
road base approved by the Ada County Highway District and the Final Plat for this subdivision
shall be recorded, prior to applying for building permits.
2.2.10 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted
fencing, landscaping, amenities, etc., prior to signature on the final plat.
2.2.11 All improvements related to public life, safety and health shall be completed prior to occupancy
of the structures. Where approved by the City Engineer, an owner may post a performance surety
for such improvements in order to obtain City Engineer signature on the final plat as set forth in
UDC 11 -5C -3B.
2.2.12 Applicant shall be required to pay Public Works development plan review, and construction
inspection fees, as determined during the plan review process, prior to the issuance of a plan
approval letter.
2.2.13 It shall be the responsibility of the applicant to ensure that all development features comply with
the Americans with Disabilities Act and the Fair Housing Act.
2.2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting
that may be required by the Army Corps of Engineers.
2.2.15 Developer shall coordinate mailbox locations with the Meridian Post Office.
2.2.16 All grading of the site shall be performed in conformance with MCC I 1-12-3H,
-7-
Meridian City Council Meeting Agenda l9evernber 20, 2018 — Page 282)52300
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 I -foot above.
2.2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or
drainage facility within this project that do not fall under the jurisdiction of an irrigation district
or ACHD. The design engineer shall provide certification that the facilities have been installed in
accordance with the approved design plans. This certification will be required before a certificate
of occupancy is issued for any structures within the project.
2.2.20 At the completion of the project, the applicant shall be responsible to submit record drawings per
the City of Meridian AutoCAD standards. These record drawings must be received and approved
prior to the issuance of a certification of occupancy for any structures within the project.
2.2.21 A street light plan will need to be included in the civil construction plans. Street light plan
requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy
of the standards can be found at http://www.meridiancity.org/public—works.aspx?id=272,
2.2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount
of 125% of the total construction cost for all incomplete sewer, water and reuse infrastructure
prior to final plat signature. This surety will be verified by a line item cost estimate provided by
the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash
deposit or bond. Applicant must file an application for surety, which can be found on the
Community Development Department website. Please contact Land Development Service for
more information at 887-2211.
2.2.23 The City of Meridian requires that the= owner post to the City a warranty surety in the amount of
20% of the total construction cost for all completed sewer, water and reuse infrastructure for
duration of two years. This surety will be verified by a line item cost estimate provided by the
owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash
deposit or bond. Applicant must file an application for surety, which can be found on the
Community Development Department website. Please contact Land Development Service for
more information at 887-2211.
3. POLICE DEPARTMENT
SUMMARY OF REPORT:
1. Police Response Time - The Westbridge proposed development is approximately 7.8 miles
from the Meridian Police Department. The expected response times to this area in an emergency
is just over 4 minutes. Between 8/1/2017 & 7/31/2018 the Meridian Police responded to I crash
within a mile area of the proposed development. Also, during this same timeline Meridian Police
responded to 37 calls for service within a mile area of the proposed development. Most of these
calls were suspicious vehicles, property checks and suspicious circumstances. The call load in
this proposed area is very low. (See attached document for details)
2. Accessibility —Access for the Meridian Police Department is not an issue for the proposed
development in this area. The roadways surrounding this area are more than adequate.
3. Resource needs — There are no additional staffing, equipment needs or other resources
needed to serve the proposed development.
4. Other comments- The police department would like to see pathways/sidewalks connect onto
Blackcat Road and any other existing connecting pedestrian pathways. All public use areas
amenities/pathways need to have natural surveillance opportunities for law enforcement.
-8-
Meridian City Council Meeting Agenda l9evernber 20, 2018 — Page 22152300
3.1 The Police Department has no concerns related to the site design submitted with the application.
4. FIRE DEPARTMENT
Fire Department Summary of Report:
1. Fire R#swnse Time Travel time from nearest fire station level of senrice expectation= 5 minutes)
This development is 5.00 minutes (under ideal conditions) from the nearest firestation. Uapproved,
the Fick Department can, meet the response time requirements.
2. Resource Current idiabifity of closest fire station(expectation should be 85% or greater)
This deirelopment is closest to Fire Station #5, Current rehab ffityis'77% fire= this station and does
not meet the targeted goal of 851% or greater.
3_ Risk Identification Risk Factur (I =residential, =reside 'al with hazards„3=c
4=commercial %ith hazards, 5=industrial)
This proposed development has a risk factor of 1, in, which current resources would be adequate to
supply service to this propose project.
4.
Accessrlailht4 Roadvvsy Access, traffic
This project meets all required read widths and turnarounds.
5- Speciality -/Resource
a. Aerial device needed for develop meat (more than 30' in height)?
i- If yes, is one available uithin a 10 minute travel time
This proposed development will not require an aetial device. The closest track company is
16 minutes travel time (under ideal conditiow) to the proposed development and
therefore the Fire Department cannot meet this need in the required timeframe if a truck
company is required -
b. other specialtynreds(waterrescue, hazmar, and technical rescue)?
i. If yes, is one available uithin a 5 minute travel time?
The project shows a retention pan d. In the event of a water rescue, there will need to be
mutual aid required for the development. This will require additional time delays as they are
not available in the city.
& Water Supply (list txpectaLtions)
Water supply for this proposed development requires 1000 gallons per minute for one hour.
(Approximate —see appendix B of the 20 15 International Fire Code)
7, Other Comments
*t:spec® comments are listed below.
***AM IEFC code sections per 2015 EF C or as noted'
-9-
Meridian City Council Meeting Agenda 6levernber 20, 2018 — Page 99>b622OO
10 -
Meridian City Council Meeting Agenda November 20, 2018 – Page 225 of 370Meridian City Council Meeting Agenda December 11, 2018 – Page 51 of 270
7- Raadway-- Theroadways shall be built to Ada County Highway District cross section
standards and have aclear driving surface. Streetsless ffian26'in-%-idthshal1haveuoon--
steetpaxking, streets less than32'in width shall haveparking only an one side- These
measurements shall be baseAunthe drivable surface dimmsion exclushe of shoulders. IlLe
roadway shall be able to acommodate an imposed load of 80,000 GVW as set forth in
International Fire Code Section 503-2,1 and D103-6-1 and 1310362
s- Readwa3w. As set forth in int erna'crust Vire code 8ecticnDI033, the, Fire. Department is
opposed to any landscape islaind in the middle of a cul de sac that may prevent -a fire
truck friaom mining around on the end of the court
9, Roadways. Fm=gwqy response routes and fir e lanes shall not be allowed to have traMe
calming de -,ices install ed without pi ior ap proval of tl le Fire Code Off Bial. National File
Protection IFC 503.4.1.
Ia. Access. Fire lanes, streds, and structures (including the canopyhright o trees) shall
have a verticalclearance of 13'6as set forth inInternational Fire Code Section 503.2,1-
11. Access: Operalianal fire hydrants, temporary or permanent street signs, and access roads
withan all-weather smfaceare required tobeinstalledbefore combustible construction
material is brought onto the site, as set forth in International Fire Code Section (IFC-)
501-4-
12. Access: All portions of the buildings located on this project must be within 150' of a
paved surface as measured around the perimeter of the building as set, forth in
International Fire Code Section 503 1.1.
SPECULTY&MOURCE N-EEDS/OTE1ERCOM2%!EN7S:
13. Other Comments: Ensure that A yet undeveloped parcels are maintained free of
combustible vegetation as set forth in International Fire Code- Section 304.1.2-
5. PARKS DEPARTMENT
5.1 A 10 -foot wide segment of the City's regional pathway system is required to be constructed along
the east side of the property adjacent to N. Black Cat Rd. in accord with the Pathways Master
Plan.
5.2 The project developer shall design and construct a multi -use pathway on the west side of Black
Cat Rd., within the designated landscape easement/common lot, as noted on the Preliminary Plat
Landscape Plan, dated 7-25-2018. Any proposed adjustments of this pathway alignment shall be
coordinated through the Pathways Project Manager.
5.3 Prior to submittal of a final plat for City Engineer signature, the applicant shall submit a public
access easement for a multi -use pathway as described above to the Planning Division for Council
approval and subsequent recordation. The easement shall be a minimum of 14' wide (10'
pathway + 2' shoulder each side). Use standard City template for public access easement.
Easement checklist must accompany all easement submittals.
5.4 Prior to City Engineer signature on the final plat, the applicant shall depict a public access
easement for the multi -use pathway(s) [described above] on the final plat.
5.5 Construct multi -use pathway per typical paving section(s) shown in the Meridian Pathways
Master Plan Chapter 3.
Meridian City Council Meeting Agenda 6levernber 20, 2018 - Page S2(b62200
5.6 The owner (or representative association) of the property affected by the public access easement
shall have an ongoing obligation to maintain the multi -use pathway.
5.7 6. 6' high open vision fencing shall be installed between pathways and (live) water irrigation
canals and laterals as detailed in the Meridian Pathways Master Plan, Chapter 3, pages 3-5. All
other fence details per UDC 11-3A-7
6. CENTRAL DISTRICT HEALTH DEPARTMENT
After writ
,�a al from appropriate entities are submitted, we can approve this proposal for:
approval
LJ community water well
i nt!al sewage Ll community sewage system
interim
sewageentral water
Ll individual sewage individual water
The following plan(s) must be submitted to and approved by the Idaho Department of Environmental Quality:
rantral sewage Ll community sewage system L3 community water
sewage dry lines central water
Infiltration beds for storm water disposal are considered shallow injection wells. An application and fee must be
submitted to CDHD. f�
7. ADA COUNTY HIGHWAY DISTRICT
7.1 Site Specific Conditions of Approval
7.1.1 Dedicate 48 -feet of right-of-way from centerline of Black Cat, Road abutting the site. Right-of-
way is to be compensated.
7.1.2 Improve Black Cat Road with 17 -feet of pavement widening with 3 -foot wide gravel shoulders
from centerline abutting the site.
7.1.3 Construct a detached 5 -foot wide concrete sidewalk on Black Cat Road locateda minimum of 42
feet from centerline to, front face of sidewalk; and if a pathway is required by the City, locate the
10 -foot wide asphalt pathway in a separate easement to the City of Meridian behind the sidewalk.
OR, construct a 10 -foot wide concrete sidewalk on Black, Cat Road, located a minimum of 42
feet from centerline to front face of sidewalk, either wholly within or wholly outside of the
dedicated right-of-way.
7.1.4 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 Construct the internal streets as 33 -foot street sections with curb, gutter, and attached 5 -foot wide
concrete sidewalk within 47 -feet of right-of-way.
7.1.6 Construct three 8 -foot wide by 50-fect long landscape islands starting approximately 100 -feet
west of Black Cat Road on Vanderbilt Drive.
7.1.7 Construct three cul-de-sacs with a minimum 45 -feet turning radius at the terminus of Maplestone
Court, Adale Court, and Oakstone Avenue.
7.1.8 Provide the District with a permanent right-ofway easement to 2 -feet behind back of sidewalk
for any sidewalk located outside of the dedicated right-of-way.
-12-
Meridian City Council Meeting Agenda 6levernber 20, 2018 — Page 22b62200
7.1.9 Plat the landscape median on Vanderbilt Drive as right-of-way owned by ACHD; and the
Developer or Homeowners Association should apply for a license agreement if landscaping is to
be placed within the median.
7.1.10 Construct a new local street, Vanderbilt Drive, onto Black Cat Road, located in alignment with
Vanderbilt Drive to the cast and approximately 900 -feet north of Gondola Drive.
7.1.11 Construct the internal local streets with minimum 125 -foot offsets.
7.1.12 Construct a new local stub street, Oakstone Avenue, to the south, between Block 3, Lots 2 and 12
274 -feet in length.
7.1.13 Construct a new local stub street, Willowside Avenue, to the north, between Block 1, Lot I and
Block 2, Lot 1, a 135 -feet in length.
7.1.14 Provide signage at the terminus of the two stub streets, stating that, "THIS ROAD WILL BE
EXTENDED IN THE FUTURE."
7.1.15 Direct lot access is prohibited to Black Cat Road from the site and shall be noted on the final plat.
7.1.16 Submit civil plans to ACHD Development Services for review and approval. The impact fee
assessment will not be released until the civil plans are approved by ACHD.
7.1.17 Payment of impact fees is due prior to issuance of a building permit.
7.1.18 Comply with all Standard Conditions of Approval.
7.2 Standard Conditions of Approval
7.2.1 All proposed irrigation facilities shall be located outside of the ACHD right-of-way (including all
easements). Any existing irrigation facilities shall be relocated outside of the ACHD right-of-
way (including all easements).
7.2.2 Private Utilities including sewer or water systems are prohibited from being located within the
ACHD right-of-way.
7.2.3 In accordance with District policy, 7203.3, the applicant may be required to update any existing
non-compliant pedestrian improvements abutting the site to meet current Americans with
Disabilities Act (ADA) requirements. The applicant's engineer should provide documentation of
ADA compliance to District Development Review staff for review.
7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the
construction of the proposed development. Contact Construction Services at 387-6280 (with file
number) for details.
7.2.5 A license agreement and compliance with the District's Tree Planter policy is required for all
landscaping proposed within ACHD right-of-way or easement areas.
7.2.6 All utility relocation costs associated with improving street frontages abutting the site shall be
borne by the developer.
7.2.7 It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The
applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The
applicant shall be required to call DIGLINE (1-811-342-1585) at least two fall 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.
-13-
Meridian City Council Meeting Agenda l9evernber 20, 2018 — Page SRW62300
7.2.8 Utility street cuts in pavement less than five years old are not allowed unless approved in writing
by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for
details.
7.2.9 All design and construction shall be in accordance with the ACED Policy Manual, ISPWC
Standards and approved supplements, Construction Services procedures and all applicable ACHD
Standards unless specifically waived herein. An engineer registered in the State of Idaho shall
prepare and certify all improvement plans.
7.2.10 Construction, use and property development shall be in conformance with all applicable
requirements of ACHD prior to District approval for occupancy.
7.2.11 No change in the terms and conditions of this approval shall be valid unless they are in writing
and signed by the applicant or the applicant's authorized representative and an authorized
representative of ACHD. The burden shall be upon the applicant to obtain written confirmation
of any change from ACHD.
7.2.12 If the site plan or use should change in the future, ACED Planning Review will review the site
plan and may require additional improvements to the transportation system at that time. Any
change in the planned use of the property which is the subject of this application, shall require the
applicant to comply with ACHD Policy and Standard Conditions of Approval in place at that time
unless a waiver/variance of the requirements or other legal relief is granted by the ACHD
Commission.
8. Idaho Transportation Department (ITD)
The Idaho Transportation Department (ITD) reviewed the annexation, zoning, and preliminary plat
applications and has the following comments:
I - This project does not abut the State highway system.
2. This development will gain access to the State Highway system along the US -20/26 (Chinden
Boulevard) corridor. The City is reminded that the US -20/26 (Chinden Boulevard) corridor is
already congested. This project will increase the number of vehicle trips in this corridor. While
this individual development is not large, the accumulation of developments accessing the, State
Highway system at the US -20/26 (Chinden Boulevard) corridor is creating additional congestion.
As the City continues to add additional trips to these corridors through development, the
congestion will worsen until the roadway system is ultimately overloaded and fails. ITD has no
current funding assigned to mitigate traffic congestion on the US -20126 (Chinden Boulevard)
corridor in this area.
3. Idaho Code 40-1910 does not allow advertising within the right-of-way of any State highway.
4. IDAPA 39.03.60 rules govern advertising along the State highway system. The applicant may
contact Justin Pond, Program Manager for ITD's Headquarters Right -of -Way Section at (208) 334-
8832 for more information.
5. ITD does not object to the annexation, zoning, and construction of this subdivision as presented in
the application.
-14-
Meridian City Council Meeting Agenda 61evernber 20, 2018 — Page 99%62300
15 -
9. Nampa & Meridian Irrigation District (NMID)
10. Community Planning Association of Southwest Idaho (COMPASS)
Meridian City Council Meeting Agenda November 20, 2018 – Page 230 of 370Meridian City Council Meeting Agenda December 11, 2018 – Page 56 of 270
11. Department of Environmental Quality (DEQ)
The following information does not cover every aspect of this project; however, we have the
following general comments to use as appropriate.,
Par IDAPA 5&01-01.600-617, the open burning of any construction waste is prohibited.
The property owner, developer, and their contractor(s) are responsible for ensuring no
prohibited open burning occurs dutingeonstruction.
For questions, contact David Luft, Air Quality Manager, at 3 7M55a
Ito permits as I
DEQ recommends that projects be served by existing approved wastewater collection
systems or a centralized community wastewater system whenever possible. Please
contact DEQ to discuss potential for development of a community treatment system
along with best management practices for communities to protect ground water.
DEQ recommends that cities and counties develop and use a comprehensive land use
management plan, which includes the impacts of present and future wastewater
management in this area, Please schedule a meeting with DEC) for turther discussion
and recommendations for plan development and implementation,
For questions, contact Todd Crutcher, Engineering Manager, at 373-05W
-16-
Meridian City Council Meeting Agenda 6leuernber 20, 2018 — Page 83b62300
approval. Please contact the water provider for a capacity statements declining balanc(
report, and willingness to serve this project:
IDAPA 58.01'.08 is the section of Idaho rules regarding public diinkr"rag tater systems..
Please review these rules to determine whether this, or future projects will require DEQ
approval.
All projects for construction or modification of public drinking water systems require
preconstrution approval.;
If any private wells will be included in this project we recommend Haat they be tested for
total coliform bacteria, nitrate, and nitrite pior to use and retested annually thereafter.
DEQ recommends using an existing drinking water system whenever possible or
construction of a new community drinking water system. Please contact DEQ to
discuss this project and to explore options to bath best serve the future residents ofthis
development and provide for protection of ground water resources.
For questions, contact Todd +Crutcher, Engineering managerat 373-o s sU
if this prefect is near a source of surface water, OEQ requests that projects incorporate
construction best management practices (BMPs) to assist in the protection of Idaho'
water resources. Additionally, please contact DEQ to identify BMP alternatives and to
determine whether this project is in an area with Total Maximum Daily Load stormwater
permit conditions,
The Idaho Stream Channel Protection Act requires a permit for most stream channel
alterations. Please contact the Idaho Department of Water Resources (IDWR), Western
Regional'' Office, at 7735 Airport Way, .Boise, or call 206-334-2198 for more information.
Information is also available on the ID WR website at::
The Federal Clean Water Act requires a permit for filling or dredging in waters of the
United States. Please contact the CJS Array Corps of Engineers, Boise Field Office, at
10095 Emerald Street, Boise, or call 208-34&2155 for more Information; regarding
permits;
For questions, contact Lance Rolloway, Surface Water Manager, at 373-0550.
-17-
Meridian City Council'. Meeting Agenda l9eaember 20, 2018 — Page 982)62200
El
Hazardbus Waste. The types and number of requirements that must be complied with
under the federal Resource Conservations and Recovery Act (RCRA) and the Idaho
Rules and Standards for Hazardous Waste (IDAPA 58.01.05) are based on the quantity
and type of waste generated, Every business in Idaho is required to track the volume of
waste generated, determine whether each type of waste is hazardous, and ensure that
all wastes are property disposed of according to federal, state, and local requirements.
No fresh or other solid waste shall be buried, burned or otherwise disposed of at the
ptpjactske� These disposal niethods are regulated by various state regulations
including Idaho's Solid Waste Manygement-&gglations and Standards Rules and
Regulations for Hazardous Waste and Rules and Regulations for the Prevention ofAir
Pollution.
Water Quality Standards. Site activities must comply with the Idaho Water Quality
Standards (IDAPA S& 01. 02) regarding hazardous and daletedous-materials storage,
disposal, or accumulation adjacent to or in the immediate vicinity of state waters (IDAPA.
58.01.02.800),* and the cleanup and reporting of od-filled electrical equipment (IDAPA
58.01.02.849), hazardous materials (IDAPA 58.01.02.850); and used -oil and petroleum
releases (IDAPA 68.01.02.851 and 852).
Petroleum releases must be reported to DEQ in accordance with IDAPA
58.01.02.851.01 and 04. Hazardous material releases to state waters, or to land such
that there is likelihood that it will enter state waters, must be reported to DEQ in
accordance with IDAPA 58.01.02.850.
Ground Water Contamination. DEQ requests that this project comply with Idaho's
Ground Water Quality Rules (IDAPA 58.01. 11), which states that No person shall
cause or allow the release, spilling, leaking, emission, discharge, escape, leaching, or
disposal of a contaminant into the environment in a manner that causes a ground water
quality standard to be exceeded, injures a beneficial use of ground water, or is not in
accordance with a permit, consent order or applicable best management practice, best
available method or best practical method."
For questions, contact Albert Crawshaw, Waste & Remediation Manager, at 373-0550
-18-
Meridian City Council Meeting Agenda 6leuernber 20, 2018 — Page 993)62300
C. Legal Description & Exhibit Map for Annexation Boundary
Dawiption For
Wasibridga Subdivision Annexation Paricel
A parcel of lend located in the BE 1,14 of the NE 114 of Section 28, T�41N., R, 1K, JIM,
Ado County, Idaho, more pafticuladydescribed as follows-.
Commencing at ft NE comer of said Section 28 from which the E114 comer of said
Section 28 bears South 00'2,WOW West, 2638.68 feet;
thence along the East boundary line of said $action 28 South W2904' West, 1750, 06
feet to the $E comer of Compton's Subdivision No. 2 as filed in Book 31 of Piats at pages 1935
through 1936, records Ada County, Idaho, said point being ine REAL POINT Of BEGINNING�
thence continuing along said East boundary Fine South 00'2VO4" West, 459.00 feet,
thence leaving said East boundary line North 89'22'1 W West, 1, U& 34 feet,
thence North OD"29'04m East, 2,30= feet,
thence North W=18'Weat. 1755 feet to a point on the West itoundary fine of the SE
14 of the NEi 114 of,19ection 28;
thence along said West boundary line North 0O'3601" East 22552 feet to the SW
,comer of said pton's Subdivision No. 2,
thence along the South boundary of said Compton's Subdivision No, 2 South 89'31'2V'
P-ast 1,3 10,94 feet to the REAL POINT OF 8SOINNING, Contain kig 12.84 acres, more or
less,
1$-P")bmu1nmb6WeAbrWsa sub Aflom Dmg,dw
-19-
Meridian City Council Meeting Agenda lRevember 20, 2018 — Page 13ft62300
m -b
-SUBDIWSION NO 02
Rpos
z
L 12.84 ACRE
UNPLATTED
gI
iv
a w Ts,5.3e
UNRU TTED
7 111 Q S.28 S.27
6
IDAHO "BIT � DRAWIN0 FOR
EY SEW VOE�OGE SUBDIVISION MNEX00N
8U,RV
WAY0 IN TW K 1/4, HE L&W $nIM, 2% TAN.. FUW, RW- A0A
-20-
Meridian City Council Meeting Agenda Nevember 20, 2018 — Page 635)62300
D. Required Findings from Unified Development Code
1. Annexation Findings:
Upon recommendation from the Commission, the Council shall make a fun 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 12.84 acre property with an R-4 zoning
district consistent with the MDR FLUM designation. The proposed density of 2.4 units per
acre is consistent with the density desired in MDR designated areas. Therefore, the City
Council finds the proposed map amendment and development plan comply with the
provisions of the Comprehensive Plan and should be compatible with adjacent residential and
agricultural uses (see section V11 above for more information).
b. The map amendment complies with the regulations outlined for the proposed district,
specifically the purpose statement;
The City Council finds that the proposed map amendment to the R-4 zoning district is
consistent with the purpose statement for the residential districts as detailed in Section VIII'
above.
c. The map amendment shall not be materially detrimental to the public health, safety,
and welfare;
The City 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.
d. The map amendment shall not result in an adverse impact upon the delivery of services
by any political subdivision providing public services within the City including, but not
limited to, school districts; and,
The City Council finds that the proposed zoning amendment will not result in any adverse
impact upon the delivery of services by any political subdivision providing services to this
site.
e. The annexation is in the best of interest of the City (UDC 11-513-1E).
The City Council finds annexing this property with an R-4 zoning district is in the best
interest of the City.
2. Preliminary Plat Findings:
In consideration of a preliminary plat, combined preliminary and final plat, or short plat,
the decision-making body shall make the following findings:
a. The plat is in conformance with the Comprehensive Plan;
The City Council finds that the proposed plat is in substantial compliance with the adopted
Comprehensive Plan in regard to land use, transportation, and circulation. Please see
Comprehensive Plan Policies and Goals, Section VII, of the Staff Report for more
information.
-21-
Meridian City Council Meeting Agenda l9evernber 20, 2018 — Page 628b62300
b. Public services are available or can be made available and are adequate to
accommodate the proposed development;
The City Council finds that public services will be provided to the subject property upon
development. (See Exhibit B of the Staff Report for more details from public service
providers.)
c. The plat is in conformance with scheduled public improvements In accord with the
City's capital improvement program;
Because City water and sewer and any other utilities will be provided by the development at
their own cost, the City 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;
The City Council finds there is public financial capability of supporting services for the
proposed development based on comments received from public service providers (i.e.,
Police, Fire, ACHD, etc.). (See Exhibit, B for more detail.)
e. The development will not be detrimental to the public health, safety or general welfare;
and
The City Council finds the proposed development will not be detrimental to the public health,
safety or general welfare. ACHD considers road safety issues in their analysis.
f. The development preserves significant natural, scenic or historic features.
The City Council is -unaware of any significant natural, scenic or historic features that exist
an this site that should be preserved.
-22-
Meridian City Council Meeting Agenda Nevernber 20, 2018 — Page 63b62300