Shelburne East H-2018-0112 AZ, PPADA COUNTY RECORDER Phil McGrane 2019-017516
BOISE IDAHO Pgs=63 BONNIE OBERBILLIG 03/06/2019 09:39 AM
CITY OF MERIDIAN, IDAHO NO FEE
10-111 of 0) IJLTJ I OW I WAX"
PARTIES: 1. City of Meridian
2. Shelburne Properties, LLC, Owner/Developer
THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into
this 15-�" day of hancn 2019, by and between City of Meridian, a municipal
corporatio•n of the State of Idaho, hereafter called CITY whose address is 33 E. Broadway Avenue,
Meridian, Idaho 83642 and Shelburne Properties, LLC, whose address is 7440 E. Pinnacle Peak
Road, Ste. 142, Scottsdale, AZ 85255, hereinafter called OVINER/DEVELOPER.
1. CIT S:
1.1 V" AS, Owner is the sole owner, in law and/or equity, of certain tract of
land in the County of Ada, State of Idaho, described in Exhibit "N', 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 V4MREAS, Idaho Code § 67-6511 A provides that cities may, by ordinance,
require or permit as a condition of zoning that the Owner/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 11-5B-3 of the Unified Development Code ("UDC"), which
authorizes development agreements upon the annexation and/or re -zoning of
land; and
1.4 V*`IIEREAS, Owner/Developer has submitted an application for annexation
and zoning of 35.09 acres of land to the R-4 (Medium Low Density
Residential)(23.58 acres) and R-8 (Medium Density Residential)(1 1.52 acres)
zoning district, under the Unified Development Code, which generally
describes how the Property will be developed and what improvements will be
made; and
1.5 WHEREAS, Owner/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 — SHELBuRNE EAST (H-2018-0112) PAGE 1 OF 8
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notice provisions provided for a zoning designation and/or amendment in force at the
time of the proposed amendment.
22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the
date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in
connection with the annexation and zoning of the Property and execution of the Mayor and City
Clerk.
[end of text; signatures, acknowledgements, and Exhibits A and B follow]
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement and made
it effective as hereinabove provided.
OWNER/DEVELOPER:
Shelburne Properties, LLC
CITY OF MERIDIAN
Lo
ATTEST:
Mayor ar ny de Weerd „�."f 'J
`[
rn
40
IDlg'�YT u
Clerk
DEvELOPMENT AGREEMENT — SHELBURNE EAST (H-2018-0112) PAGE 7 OF 8
1 Ty-vum-�'
STATE OF fDA116 )
ss:
County of.AZa �O''V'% Op°`)
On this ) day of NW/ , 2019, before me, the undersigned, a Notary Public in and for said
State, personally appeared 00.A&%– - c. \ &V,(Ay� known or identified to me to be the
YY�Ar\0. of Shelburne Properties, LLC, the person who signed above and acknowledged to me that
he execute a same on behalf of said corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this
certificate first above written.
�J& 1
(SEAL)
Notary ublic for ( y ( i o f\p..
Resi 'gat. t-0,4
v, —
My Commission Expires: 3.9. a b
45."r MEGHAN E SMITH
NOTARY PUBLIC, ARIZONA
MARICOPA COUNTY
My Commission Expires
STATE OF IDAHO
ss
County of Ada
I
On this rJ-�' day of I"1 O–V-Ck:) , 2019, 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.
DEVELOPMENT AGREEMENT — SHELBURNE EAST (H-2018-0112) PAGE 8 OF 8
0–,h "vu
Notary Public for o
Residing
CHARLENE WAY
at:
COMMISSION 067390
Commission expires: 3 'a9 'a0 Ate,
NOTARY PUBLIC
STATE OF IDAHO
MY COMMISSION EXPIRES 3/28!22
DEVELOPMENT AGREEMENT — SHELBURNE EAST (H-2018-0112) PAGE 8 OF 8
EXHIBIT A
Exhibit A to Development Agreement
Legal Description & Exhibit Maps
Meridian City Council Meeting Agenda March 5, 2019 – Page 211 of 487
Shelburne East – Exhibit A to Development Agreement
Meridian City Council Meeting Agenda March 5, 2019 – Page 212 of 487
Shelburne East – Exhibit A to Development Agreement
Meridian City Council Meeting Agenda March 5, 2019 – Page 213 of 487
Shelburne East – Exhibit A to Development Agreement
Meridian City Council Meeting Agenda March 5, 2019 – Page 214 of 487
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2018-0112 - 1 -
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND DECISION & ORDER
In the Matter of the Request for Annexation and Zoning of 35.09 Acres of Land with R-4 (23.58
Acres) and R-8 (11.52 Acres) Zoning Districts; and Preliminary Plat Consisting of 101 Building
Lots and 21 Common Lots on 34.62 Acres of Land in the R-4 and R-8 Zoning Districts, by
Shelburne Properties, LLC.
Case No(s). H-2018-0112
For the City Council Hearing Date of: December 18, 2018 (Findings on January 8, 2019)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of December 18, 2018, incorporated
by reference)
2. Process Facts (see attached Staff Report for the hearing date of December 18, 2018, incorporated
by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of December 18,
2018, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of December 18, 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 January 8, 2019 – Page 17 of 363
EXHIBIT B
Meridian City Council Meeting Agenda March 5, 2019 – Page 215 of 487
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2018-0112 - 2 -
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of December 18, 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 December 18, 2018, attached as Exhibit A.
D. Notice of Applicable Time Limits
Notice of Preliminary Plat Duration
Please take notice that approval of a preliminary plat, combined preliminary and final plat, or
short plat shall become null and void if the applicant fails to obtain the city engineer’s signature
on the final plat within two (2) years of the approval of the preliminary plat or the combined
preliminary and final plat or short plat (UDC 11-6B-7A).
In the event that the development of the preliminary plat is made in successive phases in an
orderly and reasonable manner, and conforms substantially to the approved preliminary plat,
such segments, if submitted within successive intervals of two (2) years, may be considered for
final approval without resubmission for preliminary plat approval (UDC 11-6B-7B).
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11-6B-7.A, the Director may authorize a single extension of time to obtain the City
Engineer’s signature on the final plat not to exceed two (2) years. Additional time extensions up
to two (2) years as determined and approved by the City Council may be granted. With all
extensions, the Director or City Council may require the preliminary plat, combined
preliminary and final plat or short plat to comply with the current provisions of Meridian City
Code Title 11. If the above timetable is not met and the applicant does not receive a time
extension, the property shall be required to go through the platting procedure again (UDC 11-
6B-7C).
Notice of Development Agreement Duration
The city and/or an applicant may request a development agreement or a modification to a
development agreement consistent with Idaho Code section 67-6511A. The development
agreement may be initiated by the city or applicant as part of a request for annexation and/or
rezone at any time prior to the adoption of findings for such request.
A development agreement may be modified by the city or an affected party of the development
agreement. Decision on the development agreement modification is made by the city council in
accord with this chapter. When approved, said development agreement shall be signed by the
property owner(s) and returned to the city within six (6) months of the city council granting the
modification.
A modification to the development agreement may be initiated prior to signature of the
Meridian City Council Meeting Agenda January 8, 2019 – Page 18 of 363Meridian City Council Meeting Agenda March 5, 2019 – Page 216 of 487
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2018-0112 - 3 -
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 December 18, 2018
Meridian City Council Meeting Agenda January 8, 2019 – Page 19 of 363Meridian City Council Meeting Agenda March 5, 2019 – Page 217 of 487
4t/) 1
By action of the City Council at its regular meeting held on the day of 4J a n uQ r
2019. __
COUNCIL PRESIDENT JOE BORTON VOTED
1
COUNCIL VICE PRESIDENT LUKE CAVENER VOTED Cl
COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED (f6
COUNCIL MEMBER TY PALMER VOTED \l
COUNCIL MEMBER TREG BERNT VOTED
COUNCIL MEMBER GENESIS MILAM VOTED
MAYOR TAMMY de WEERD VOTED
TIE BREAKER)
ay T j—m/de Weerd
OQ'Pjje AUGUST'
Attest:
o
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a 01v of
ER
IDAHO
y Coleu SEAL P/
City Clerk
Copy served upon Applicant, Community Development Department, Public Works Department and City
Attorney.
By: C -)Dated:
City Clerk's Office
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2018-0112 - 4 -
Meridian City Council Meeting Agenda March 5, 2019 – Page 218 of 487
Page 1
STAFF REPORT
COMMUNITY DEVELOPMENT DEPARTMENT
DATE: 12/18/2018
TO: Mayor & City Council
FROM: Sonya Allen, Associate Planner
208-884-5533
Bruce Freckleton, Development Services
Manager
208-887-2211
SUBJECT: H-2018-0112
Shelburne East
PROPERTY LOCATION:
4080, 4115, 4205, 4301 & 4330 E. Bott
Ln., in the SE ¼ of Section 28, Township
3N., Range 1E.
I. PROJECT DESCRIPTION
Annexation & zoning of 35.09 acres of land with R-4 (23.58 acres) and R-8 (11.52 acres) zoning
districts; and, Preliminary Plat consisting of 101 building lots and 21 common lots on 34.62 acres of
land in the proposed R-4 and R-8 zoning districts.
II. SUMMARY OF REPORT
A. Project Summary
Description Details Page
Acreage
Future Land Use Designation Medium Density Residential (MDR) (3-8 units/acre)
Existing Land Use Rural residential and agricultural, zoned RUT in Ada County
Proposed Land Use(s) Single-family residences
Current Zoning RUT
Proposed Zoning R-4 and R-8
Lots (# and type; bldg/common) 122 lots total; 101 building lots/21 common lots
Phasing plan (# of phases) 3 phases
Number of Residential Units (type
of units)
101 (single family detached homes)
Density (gross & net) 3.10 units/acre (gross); 4.81 units/acre (net)
Open Space (acres, total [%] /
buffer / qualified)
5.25 acres (16%)
Amenities 20,000 SF grassy area, sports court, tot lot, community
garden, pond, three shade/picnic areas, open play field, micro-
pathway, 10-foot wide multi-use pathway
Physical Features (waterways,
hazards, flood plain, hillside)
Nine Mile Creek, Ten Mile Feeder Canal
EXHIBIT A
Meridian City Council Meeting Agenda January 8, 2019 – Page 21 of 363Meridian City Council Meeting Agenda March 5, 2019 – Page 219 of 487
Page 2
Description Details Page
Neighborhood meeting date; # of
attendees:
April 10, 2018; 12 attendees
July 2, 2018; 10 attendees
August 7, 2018; 10 attendees
History (previous approvals) None
B. Community Metrics (see Exhibit B for detailed information)
Description Details Page
Ada County Highway District
Staff report (yes/no) Yes
Requires ACHD
Commission Action
yes/no)
Yes (for LOS proposal)
Access (Arterial/Collectors/State
Hwy/Local)(Existing and Proposed)
S. Hillsdale Ave. & E. Bott Ln. (both collectors)
Traffic Level of Service
Stub Street/Interconnectivity/Cross
Access
Stub streets are proposed to adjacent parcels to the west and
south (see plat)
Existing Road Network
Existing Arterial Sidewalks /
Buffers
Proposed Road Improvements
Fire Service
Distance to Fire Station 1+/- mile to Station No. 4
Fire Response Time 4 minutes (level of service expectation= 5 minutes)
Resource Reliability 79% (does not meet the targeted goal of 85% or greater)
Risk Identification 1 (residential) – current resources would be adequate to
supply service to this propose project
Accessibility Does not meet all required road widths and turnarounds; will
need revisions to meet IFC requirements. [A structural
engineer is reviewing the existing bridge to ensure it can
safely support a fire truck (i.e. 80,000 lbs.).]
Special/resource needs An aerial device will not be required
Water Supply Requires 1,000 gallons per minute for one hour
Other Resources
Police Service
Distance to Police Station 5 miles from Meridian Police Department
Police Response Time 5 minutes
Calls for Service 89
of calls for service split
by priority
of P3 CFS – 1.1%
of P2 CFS – 65.2%
of P1 CFS – 31.5%
of P0 CFS – 2.2%
Accessibility Requesting two different points of public access.
Improve bridge to accommodate two lanes of traffic and
heavy vehicles.
Recommend that all roadway and bridge improvements be
completed before occupancy of homes. (A structural engineer
is reviewing the bridge to ensure safe secondary access in the
interim of the bridge being reconstructed.)
Specialty/resource needs No additional need
Crimes 22 total
Crashes 4
Other Reports
Meridian City Council Meeting Agenda January 8, 2019 – Page 22 of 363Meridian City Council Meeting Agenda March 5, 2019 – Page 220 of 487
Page 3
Description Details Page
Distance to nearest City Park (+
size)
West Ada School District
Distance (elem, ms, hs) Hillsdale Elementary: ½ mile
Lake Hazel Middle School: 1.7 miles
Mountain View High School: 4 miles
Capacity of Schools Hillsdale Elementary: 650
Lake Hazel Middle School: 1,000
Mountain View High School: 1,800
of Students Enrolled Hillsdale Elementary: 751
Lake Hazel Middle School: 1,015
Mountain View High School: 2,303
C. Project Area Maps
Future Land Use Map Aerial Map
Meridian City Council Meeting Agenda January 8, 2019 – Page 23 of 363Meridian City Council Meeting Agenda March 5, 2019 – Page 221 of 487
Page 4
Zoning Map Planned Development Map
III. APPLICANT INFORMATION
A. Applicant:
Shelburne Properties, LLC. - 7440 E. Pinnacle Peak Rd., Ste. 142, Scottsdale, AZ 85255
B. Owner:
Jeffrey and Deanna Fulcher – 4330 E. Bott Lane, Meridian, ID 83642
Michael and Marleen Kingsley – 4301 E. Bott Lane, Meridian, ID 83642
David and Dixie Seegmiller – 4080 E. Bott Lane, Meridian, ID 83642
Shelburne Properties, LLC. – 4115 E. Bott Lane, Meridian, ID 83642
C. Representative:
John Carpenter, T-O Engineers – 332 N. Broadmore Way, Ste. 101, Nampa, ID 83687
IV. NOTICING
A. Newspaper notification published on: 10/26/2018 (Commission); 11/30/2018 (City Council)
B. Radius notice mailed to properties within 300 feet on: 10/24/2018 (Commission); 11/27/2018
City Council)
C. Applicant posted notice on site on: 11/2/2018 (Commission); 11/29/2018 (City Council)
D. Nextdoor posting: 10/23/2018 (Commission); 11/27/2018 (City Council)
Meridian City Council Meeting Agenda January 8, 2019 – Page 24 of 363Meridian City Council Meeting Agenda March 5, 2019 – Page 222 of 487
Page 5
V. STAFF ANALYSIS
A. Comprehensive Plan Policies:
Support a variety of residential categories (low-, medium-, medium-high and high-density
single-family, multi-family, townhouses, duplexes, apartments, condominiums, etc.) for the
purpose of providing the City with a range of affordable housing opportunities.” (3.07.01E)
Restrict private curb cuts and access points on collectors and arterial streets.” (3.06.02D)
Permit new development only where urban services can be reasonably provided at the time
of final approval and development is contiguous to the City.” (3.01.01F)
Require common area in all subdivisions.” (3.07.02F)
Require pedestrian access in all new development to link subdivisions together and promote
neighborhood connectivity.” (3.07.02C)
Develop pathways to connect Meridian with Boise, Nampa, Kuna and Eagle.” (6.01.02C)
B. Existing Structures/Site Improvements:
There are (4) existing homes and accessory structures on this site; all are proposed to be removed
except for the home on proposed Lot 9, Block 9 and the garage on proposed Lot 6, Block 7. A
new home is proposed to be built on Lot 6, Block 7 and the existing garage will serve as an
accessory structure to the home. The structures proposed to remain meet the required setbacks.
The remaining structures should be removed prior to signature on the final plat by the City
Engineer.
C. Dimensional Standards: (UDC Tables 11-2A-5 and 11-2A-6)
Meridian City Council Meeting Agenda January 8, 2019 – Page 25 of 363Meridian City Council Meeting Agenda March 5, 2019 – Page 223 of 487
Page 6
Note: There are several lots that do not include a street frontage dimension and one lot (Lot 12, Block 1)
that doesn’t meet the minimum property size. All lots should comply with the dimensional standards
listed above, as applicable.
D. Specific Use Standards:
None
E. Traffic
Thompson Engineering prepared a traffic analysis for this development; a full Traffic Impact
Study was not required. The traffic analysis was reviewed by ACHD and taken into consideration
in their report.
F. Access: (UDC 11-3A-3)
Access is proposed via the future S. Hillsale Ave., a collector street, via E. Peaceful Pond Dr.
from E. Zaldia St.; and E. Bott Ln., currently a local street but designated as a future collector
street, via Cloverdale Rd. A new bridge is proposed on Bott Lane over the Ten Mile Feeder Canal
to replace the existing single-lane bridge. ACHD is requiring Bott Lane to be improved off-site
from the east property line, east to Cloverdale Rd., with 30 feet of pavement and 3-foot wide
gravel shoulders.
The Applicant is having a structural engineer review the existing bridge over the Ten Mile
Feeder Canal to ensure it’s safely capable of supporting a fire truck (80,000 lbs.) so that a
secondary access is available to the site for emergency purposes. Documentation should be
submitted to the Planning Division and Fire Department of the findings.
Stub streets for future extension and interconnectivity are proposed to the west to the Marsh
S1128427880) and Rasmussen (#R5070900400) properties; and to the south to the Williams
S1128438500) property.
G. Parking: (UDC Table 11-3C-6)
Off-street parking should be provided in accord with the following standards:
All garages are proposed to hold 3 cars and will have a parking pad outside the garage to
accommodate parking for each residence in accord with this requirement.
H. Common Driveways (UDC 11-6C-3D)
Three (3) common driveways are proposed that comply with UDC standards.
An exhibit is required to be submitted with the final plat application that depicts the
setbacks, fencing, building envelope and orientation of the lots and structures. Driveways
for abutting properties that aren’t taking access from the common driveway(s) should be
depicted on the opposite side of the shared property line away from the common driveway.
Solid fencing adjacent to common driveways is prohibited unless separated by a minimum
5-foot wide landscaped buffer.
A perpetual ingress/egress easement is required to be filed with the Ada County Recorder,
which shall include a requirement for maintenance of a paved surface capable of supporting
Meridian City Council Meeting Agenda January 8, 2019 – Page 26 of 363Meridian City Council Meeting Agenda March 5, 2019 – Page 224 of 487
Page 7
fire vehicles and equipment. A copy of the easement should be submitted to the Planning
Division prior to signature on the final plat.
I. Sidewalks/Parkways: (UDC 11-3A-17)
Detached sidewalks with parkways are proposed along S. Hillsdale Ave. and E. Bott Ln.,
collector streets, and adjacent to some common lots; attached sidewalks are proposed along the
majority of local streets within the development.
J. Pathways: (UDC 11-3A-8, 11-3B-12C)
A segment of the City’s multi-use pathway system is proposed along the east side of the Ten Mile
Feeder Canal in accord with the Pathways Master Plan; a 14-foot wide public pedestrian
easement is required to be submitted to the Planning Division for the pathway (coordinate
details with Kim Warren, Park’s Dept. 208-888-3579).
K. Landscaping (11-3B)
A 20-foot wide street buffer is required along E. Bott Ln. and S. Hillsdale Ave., both collector
streets, in accord with UDC Table 11-2A-5 and 11-2A-6 and landscaped per the standards listed
in UDC 11-3B-7C. Landscaping is proposed in accord with UDC standards.
Landscaping is required along pathways in accord with the standards listed in UDC 11-3B-12C. A
minimum 5-foot wide landscape strip is required along each side of the pathway consisting of a
mix of trees, shrubs, lawn and/or other vegetative groundcover. A minimum of (1) tree is required
per 100 linear feet of pathway. Landscaping needs to be included on the west side of the multi-use
pathway along the Ten Mile Feeder Canal.
Stormwater swales are required to be vegetated and designed in accord with the standards listed
in UDC 11-3B-11C.
Common open space areas are required to be landscaped with lawn (either seed or sod) and a
minimum of one deciduous shade tree per 8,000 square feet as set forth in UDC 11-3G-3E.
Parkways are required to be landscaped per the standards listed in UDC 11-G-3B.5.
Mitigation is required for all existing healthy 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 100% replacement
in accord with UDC 11-3B-10C.5. Mitigation calculations are included on the landscape plan in
accord with UDC standards.
L. Qualified Open Space: (UDC 11-3G-3B)
A minimum of 10% (3.4 acres) qualified open space is required; a total of 5.25 acres (or 16%) is
proposed consisting of a community orchard, a pond, collector street buffers, parkways along
collector/local streets, stormwater detention facilities, and open grassy areas at least 50’ x 100’ in
area. (See Exhibit D in Section VII.)
M. Qualified Site Amenities: (UDC 11-3G-3C)
A minimum of (2) qualified site amenities are required; several amenities are proposed from each
of the three categories (i.e. quality of life, recreation, and pedestrian or bicycle circulation system)
as follows: (3) picnic areas with shelters and tables, a sports court (i.e. pickleball), a segment of
the City’s multi-use pathway system along the Ten Mile Feeder Canal, internal pathways and
micro-paths, a pond with a bench, a tot lot with children’s play equipment, a community orchard
with picnic tables, and an additional 20,000 square feet of common open space area. (See Exhibit
E in Section VII.)
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N. Waterways: (UDC 11-3A-6)
The Ten Mile Feeder Canal and the Nine Mile Creek cross this site. The canal is proposed to
remain open and not be piped; the creek is proposed to be piped. However, the UDC requires
creek corridors to remain open and be improved as a natural amenity in all residential
designs.
O. Storm Drainage: (UDC 11-3A-18)
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.
P. Open Water Ponds (11-3G-3B.8)
An irrigation pond is proposed on Lot 13C, Block 4 and will bypass flow from the Nine Mile
Creek and will be designed to serve as an amenity. All ponds with a permanent water level are
required to have recirculated water and be maintained such that it doesn’t become a
mosquito breeding ground.
Q. Fencing: (UDC 11-3A-6C and 11-3A-7)
Five-foot tall privacy fence is proposed along the perimeter of the subdivision and adjacent to
common areas that are visible from the street; 5-foot and 6-foot tall view fence is proposed
adjacent to the Ten Mile Feeder Canal and internal common areas in accord with UDC standards.
R. Irrigation Easements:
Irrigation easements wider than10 feet are required to be included in a common lot that is
a minimum of 20 feet wide and outside of a fenced area, unless modified by City Council
at a public hearing with notice to surrounding property owners. There is a 15-foot wide
irrigation easement depicted along the southern boundary of Lots 2-9, Block 4 and
along the north boundary of Lot 9, Block 3 that is required to be placed in a common
lot unless otherwise approved by City Council; the Applicant requests Council approval
of the easement to be placed on building lots rather than in a common lot.
S. Utilities: (UDC 11-3A-21)
Connection to City water and sewer services is proposed. Street lighting is required to be installed
in accord with the City’s adopted standards, specifications and ordinances.
The existing home proposed to remain on Lot 9, Block 9 is required to 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.
T. Building Elevations
Conceptual building elevations were submitted for future homes within this development; the
architectural style will be a continuation of those in Shelburne Subdivision to the west. Building
materials consist of stucco and board-and-batten siding with some stone veneer accents. Most of
the homes will be a single-story in height with some 2-story, will range in size from 1,800 to
3,000 square feet, contain 3-4 bedrooms and have 2- and 3-car garages (see Exhibit F in Section
VII.)
Because the rear and/or sides of 2-story homes will be highly visible from the collector
streets (i.e. Hillsdale Ave. and Bott Ln.), staff recommends articulation is incorporated
through changes in two or more of the following: modulation (e.g. projections, recesses,
step-backs, pop-outs), bays, banding, porches, balconies, material types, or other integrated
architectural elements to break up monotonous wall planes and roof lines that are visible
from the subject public street. Single-story structures are exempt from this requirement.
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VI. DECISION
A. Staff:
The legal description submitted with the annexation application shows the boundaries of the
property contiguous to land that has been annexed into the City and is within the Area of City
Impact boundary.
The proposed density (3.10 units/acre) of the subdivision is at the low end but consistent with that
desired in MDR designated areas. Common open space and site amenities are dispersed
throughout the development and are substantially above the minimum required standards.
Pathways provide pedestrian connections to internal common areas throughout the development
and to adjacent properties.
For these reasons, staff recommends approval of the proposed AZ and PP applications with the
requirement of a Development Agreement per the provisions in Section VII.
B. Commission:
The Meridian Planning & Zoning Commission heard these items on November 15, 2018. At
the public hearing, the Commission moved to recommend approval of the subject AZ and
PP requests.
1. Summary of Commission Public Hearing:
a. In favor: Jeff Bower, Applicant’s Representative; Michael Kingsley; Shon Parks, T-
O Engineers;
b. In opposition: Jennifer Marsh; Jared Marsh;
c. Commenting: Lisa Esson, Earl Esson, Bonnie Stiles; Jeff Fulcher
d. Written testimony: John Carpenter, T-O Engineers (Applicant’s Representative);
Tim and Lisa Petsky
e. Staff presenting application: Sonya Allen; Bill Parsons
f. Other staff commenting on application: None
2. Key issue(s) of Public Testimony:
a. The Petsky’s request a 6’ tall privacy fence and either a restriction for a single-story
home on the lot against their southeast corner or no second story windows facing
north due to the location of their outdoor kitchen and pool area where they’d like to
retain their privacy;
b. Concern pertaining to increased traffic in the area generated from the proposed
development and impact on quality of life for existing residents;
c. Concern pertaining to the lack of continuous/complete improvements (i.e. street and
sidewalks) on Bott Ln. from the east project boundary to Cloverdale Rd.;
d. Against the density proposed, belief that it’s too high for this area, prefer R-4
zoning;
e. The Marsh’s request a barrier is constructed along their south property line next to
Bott Ln. where their son’s bedroom is located for safety, fencing along their east
property boundary, and single-level homes constructed adjacent to their property;
f. Concern pertaining to impact of the proposed development on already overcrowded
schools;
g. Concern pertaining to cut-through traffic on Bott Ln./Peaceful Pond between
Cloverdale and Eagle Roads;
h. Lack of transition in lot sizes and buffering to existing large rural lots.
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3. Key Issues of Discussion by Commission:
a. The provision of additional landscaping, retaining walls, rocks/boulders or some
kind of a buffer between Bott Ln. and the Marsh home to protect their house similar
to that designed for the Rasmussen’s;
b. Timeline for the house on the Fulcher property to be constructed (Jeff Fulcher
stated they intend to build their home as soon as the property is subdivided);
c. In favor of the proposed open space and site amenities;
d. The requirement of a street buffer on the Fulcher property for continuity;
e. Whether or not off-site curb, gutter and sidewalk improvements should be required
along Bott Ln. to Cloverdale Rd.;
f. If the proposed density (i.e. 3.1 units/acre) is appropriate for this development.
4. Commission Change(s) to Staff Recommendation:
a. Strike condition #1.3e which recommends a common lot is provided for a
landscaped street buffer along S. Trenton Ave. on the Fulcher property;
b. Include a condition requiring the Applicant to work with the Marsh’s to ensure
they have an appropriate buffer (landscaping and security protection) for their
home from traffic on Bott Ln. (see condition #1.1f);
c. Include a condition requiring off-site improvements (i.e. curb, gutter and sidewalk)
along one side of Bott Lane from the east property boundary to Cloverdale Rd. with
the third phase of development (see condition #1.1g).
5. Outstanding Issue(s) for City Council:
a. A 15-foot wide easement is proposed along the southern boundary of Lots 2-9, Block
4 and along the north boundary of Lot 9, Block 3. The UDC (11-3A-6D) requires
easements wider than 10 feet to be placed in a common lot that is a minimum of 20
feet wide and outside of a fenced area, unless modified by City Council. The
Applicant requests Council approval for the easement to be located on building lots
rather that in a common lot.
C. City Council:
The Meridian City Council heard these items on December 18, 2018. At the public hearing,
the Council approved the subject AZ and PP requests.
1. Summary of City Council Public Hearing:
a. In favor: Deborah Nelson, Givens Pursley; Shon Parks, T-O Engineers; Jeff Fulcher
b. In opposition: Susan Karnes, Southern Rim Coalition; Lisa Esson; Jennifer Marsh;
Jared Marsh
c. Commenting:; Michael Kingsley; Justin Lucas, ACHD; Earl Esson; Denise LaFever
d. Written testimony: Tim and Lisa Petsche; Jesus Tovar, Criterion Land
Management
e. Staff presenting application: Sonya Allen
f. Other staff commenting on application: None
2. Key issue(s) of Public Testimony:
a. Concern pertaining to transition of proposed lots/homes to existing
properties/homes and request for provision of berms, single-story homes, plantings,
etc. to assist in buffering;
b. Concern pertaining to cut-through traffic on Bott Ln. between Eagle and Cloverdale
Roads and provision of traffic calming;
c. Safety concerns pertaining to the current condition/width of Bott Ln. and the lack of
street lights and pedestrian walkways along Bott Ln.;
d. Concern pertaining to the irrigation drainage that goes underneath Bott Ln.;
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e. Concern pertaining to impact on adjacent properties from construction of the
development (i.e. trash, property damage, etc.) and co-existence of existing rural
residential/ag uses and urban residential;
f. The process for citizens to request improvements to roads by ACHD.
3. Key Issues of Discussion by Council:
a. The 15-foot wide irrigation easements within certain building lots and whether or
not they should be placed in common lots or left in easements within building lots as
requested by the Applicant;
b. The existing condition of Bott Ln. to the east of this site to Cloverdale Rd. and
whether or not off-site improvements should be required to the road with this
development;
c. Include in the CC&R’s and a disclosure with applicable properties that certain lots
have a 15-foot wide irrigation easement along their rear boundaries that prohibit
structures from encroaching within that area.
d. Feeling that it’s not appropriate to require to the developer to do off-site
improvements on Bott Ln.;
e. In favor of the proposed common area and site amenities.
4. Key Council Changes to Commission Recommendation
a. Strike condition #1.1g pertaining to the requirement for off-site improvements (i.e.
curb, gutter and sidewalk) along Bott Ln.;
b. Council approved the 15-foot wide irrigation easements along the southern
boundary of Lots 2-9, Block 4 and along the north boundary of Lot 9, Block 3 to
remain in building lots rather than be placed in common lots (strike condition
1.2a);
c. Include a condition that requires the Applicant to work with ACHD to implement
some form of traffic calming on Bott Ln. east of the bridge to address the concerns
of neighbors (see condition #1.11).
d. Include a requirement for the entire perimeter of the development to be fenced with
a privacy fence as committed to by the Applicant at the Council hearing on
12/18/2018 (see condition #1.12).
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VII. EXHIBITS
A. Legal Description & Exhibit Maps for Annexation Boundary
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D. Preliminary Plat (dated: 9/17/18)
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E. Landscape Plan (dated: 9/12/18)
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F. Qualified Open Space Exhibit and Calculations
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G. Site Amenities
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H. Conceptual Building Elevations
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VIII. CITY/AGENCY COMMENTS & CONDITIONS
A. PLANNING DIVISION
1. Comments/Site Specific Conditions
1.1 A Development Agreement (DA) is required as a provision of annexation and zoning of these
properties. Prior to approval of the annexation ordinance, a DA shall be entered into between the
City of Meridian, the property owner(s) at the time of 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
Planning Division within six (6) months of the City Council granting the rezone. The DA shall, at
minimum, incorporate the following provisions:
a. Development shall substantially comply with the preliminary plat, phasing plan, landscape
plan, qualified open space exhibit and conceptual building elevations included in Section VII
and the associated conditions of approval in the staff report.
b. The existing home proposed to be retained on Lot 9, Block 9 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.
c. The existing garage on Lot 6, Block 7 is allowed to remain as an accessory structure to the
future home to be constructed on that lot and shall not be used as a residence.
d. The rear and/or sides of 2-story homes visible from the collector streets (i.e. Hillsdale Ave.
and Bott Ln.) shall incorporate articulation through changes in two or more of the following:
modulation (e.g. projections, recesses, step-backs, pop-outs), bays, banding, porches,
balconies, material types, or other integrated architectural elements to break up monotonous
wall planes and roof lines that are visible from the subject public street. Single-story
structures are exempt from this requirement.
e. The Nine Mile Creek shall remain open and be improved as a natural amenity as set forth in
UDC 11-3A-6.
f. The Applicant shall work with the Marsh’s (Parcel #S1128427880) to ensure an appropriate
buffer (rocks, landscaping and security protection) is provided for their home from traffic on
Bott Ln.
g. Off-site improvements (i.e. curb, gutter and sidewalk) shall be constructed along one side of
Bott Lane from the east property boundary to Cloverdale Rd. with the third phase of
development.
1.2 The preliminary plat, dated 9/17/18, shall be revised as follows:
a. The 15-foot wide easement along the southern boundary of Lots 2-9, Block 4 and along the
north boundary of Lot 9, Block 3 is required to be placed in a common lot that is a minimum
of 20 feet wide and outside of a fenced area, unless modified by City Council per UDC 11-
3A-6D. The Applicant requests Council approval for the easement to be located on building
lots rather that in a common lot. Council approved the easements to be located within
building lots.
b. Revise the two (2) turn-arounds on E. Davin St. to comply with Appendix D of the IFC.
c. Lot 1C, Block 10 should not be included as a common lot and should be shown as right-of-
way.
1.3 The landscape plan, dated 9/12/18, shall be revised as follows:
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a. Remove the landscaping in the middle of the cul-de-sac on S. Trenton Pl. unless otherwise
approved by the Fire Dept.
b. Depict landscaping along all pathways in accord with the standards listed in UDC 11-3B-
12C.
c. Stormwater swales are required to be vegetated and designed in accord with the standards
listed in UDC 11-3B-11C.
d. Remove the common area strip on the west side of Lot 1, Block 8.
e. Staff recommends a common lot for landscaping is provided on Lot 6, Block 7 along the
frontage of S. Trenton Ave. for continuity.
1.4 All ponds with a permanent water level are required to have recirculated water and be maintained
such that it doesn’t become a mosquito breeding ground.
1.5 All existing structures proposed to be removed shall be removed prior to signature on the final
plat by the City Engineer.
1.6 Install “No Parking – Fire Lane” signs on all 48’ radius cul-de-sacs per requirement of the Fire
Dept.
1.7 A 14-foot wide public pedestrian easement shall be submitted to the Planning Division for the
multi-use pathway along the Ten Mile Feeder Canal prior to signature on the final plat.
Coordinate the details of the easement with Kim Warren, Park’s Department (208-888-3579).
1.8 A perpetual ingress/egress easement for the common driveways is required to be filed with the
Ada County Recorder, which shall include a requirement for maintenance of a paved surface
capable of supporting fire vehicles and equipment. A copy of the easement should be submitted to
the Planning Division prior to signature on the final plat.
1.9 An exhibit shall be submitted with the final plat application for lots accessed by common
driveways that depict the setbacks, fencing, building envelope and orientation of the lots and
structures in accord with UDC 11 -6C-3D. Driveways for abutting properties that aren’t taking
access from the common driveway(s) should be depicted on the opposite side of the shared
property line away from the common driveway. Solid fencing adjacent to common driveways is
prohibited unless separated by a minimum 5-foot wide landscaped buffer.
1.10 A structural engineer shall review the existing bridge over the Ten Mile Feeder Canal to ensure
it’s capable of safely supporting a fire truck (80,000 lbs.) so that a secondary access is available
to the site for emergency purposes. Documentation should be submitted to the Planning Division
and Fire Department of the findings prior to issuance of the first Certificate of Occupancy for the
development. A letter was submitted by a structural engineer (Darren Truchot, PE, BHB
Structural on December 12, 2018) based on findings from a ground penetrating radar (GPR)
stating that the existing bridge on Bott Ln. will accommodate all single rear axle fire trucks,
except an aerial ladder truck that has a maximum rear axle load of 33,500; no double rear axle
fire trucks would be allowed.
1.11 The Applicant shall work with ACHD to implement some form of traffic calming on Bott
Ln. (east of the bridge) to address the concerns of neighbors.
1.12 A privacy fence is required to be installed around the perimeter boundary of the
subdivision as committed to by the Applicant at the Council hearing on 12/18/2018.
2. General Conditions of Approval
2.1 Comply with all bulk, use, and development standards of the R-4 zoning district listed in UDC
Table 11-2A-5.
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2.2 Comply with all provisions of 11-3A-3 with regard to access to streets.
2.3 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set
forth in UDC 11-3A-6.
2.4 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11 -3A-
15, UDC 11-3B-6 and MCC 9-1-28.
2.5 Comply with the sidewalk standards as set forth in UDC 11-3A-17.
2.6 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-5J.
2.7 Construct the required landscape buffers consistent with the standards as set forth in UDC 11-3B-
7C.
2.8 Construct storm water integration facilities that meet the standards as set forth in UDC 11-3B-
11C.
2.9 Construct all parkways consistent with the standards as set forth in UDC 11-3A-17E, 11-3G-3B5
and 11-3B-7C.
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.
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 11-3B-10.
2.12 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle.
3. Ongoing Conditions of Approval
3.1 The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets
the standards as set forth in UDC 11-3B-6 and to install and maintain all landscaping as set forth
in UDC 11-3B-5, UDC 11-3B-13 and UDC 11-3B-14.
3.2 All common open space and site amenities shall be maintained by an owner's association as set
forth in UDC 11-3G-3F1.
3.3 The project is subject to all current City of Meridian ordinances.
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.
3.5 The applicant shall have an ongoing obligation to maintain all pathways.
3.6 The applicant has a continuing obligation to comply with the outdoor lighting provisions as set
forth in UDC 11-3A-11.
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.
4. Process Conditions of Approval
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.
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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.
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.
4.4 The applicant shall obtain approval for all successive phases of the preliminary plat within two
years of the signature of the City Engineer on the previous final plat as set forth in UDC 11 -6B-
7B (if applicable).
4.5 The preliminary plat approval shall be null and void if the applicant fails to either 1) obtain the
City Engineer signature on a final plat within two years; or, 2) gain approval of a time extension
as set forth in UDC 11-6B-7.
4.6 Upon installation of the landscaping and prior to inspection by Planning Division staff, the
applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A.
B. PUBLIC WORKS DEPARTMENT
1. Site Specific Conditions
1.1 A street light plan will need to be included in the final plat application. Street light plan
requirements are listed in section 6-7 of the City's Design Standards. A copy of the standards can
be found at http://www.meridiancity.org/public_works.aspx?id=272.
1.2 An off-site water main connection to the water main in E. Amity Rd must be made with phase 3
of the current phasing plan. Final plat for each phase must be modeled to ensure fire flow. If
water main in E Clayden Street cannot be built with phase 1, per current phasing plan, then the
water main in S Langdon Street and E Fratello Street must be upsized to 12-inch diameter.
2. General Conditions
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 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.
2.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of
way (include all water services and hydrants). The easement widths shall be 20-feet wide for a
single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but
rather dedicated outside the plat process using the City of Meridian’s standard forms. The
easement shall be graphically depicted on the plat for reference purposes. Submit an executed
easement (on the form available from Public Works), a legal description prepared by an Idaho
Licensed Professional Land Surveyor, which must include the area of the easement (marked
EXHIBIT A) and an 81/2” x 11” map with bearings and distances (marked EXHIBIT B) for
review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO
NOT RECORD. Add a note to the plat referencing this document. All easements must be
submitted, reviewed, and approved prior to development plan approval.
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
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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.
2.5 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.
2.6 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.
2.7 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.
2.8 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.
2.9 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.
2.10 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.
2.11 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.
2.12 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.
2.13 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.
2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting
that may be required by the Army Corps of Engineers.
2.15 Developer shall coordinate mailbox locations with the Meridian Post Office.
2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H.
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.
2.18 The design engineer shall be required to certify that the street centerline elevations are set a
minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure
that the bottom elevation of the crawl spaces of homes is at least 1-foot above.
2.19 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
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accordance with the approved design plans. This certification will be required before a certificate
of occupancy is issued for any structures within the project.
2.20 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.
2.21 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.
2.22 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.
2.23 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.
C. FIRE DEPARTMENT
http://weblink.meridiancity.org/weblink8/0/doc/157207/Page1.aspx
D. PARK’S DEPARTMENT
No comments were received.
E. DEPARTMENT OF ENVIRONMENTAL QUALITY (DEQ):
http://weblink.meridiancity.org/weblink8/0/doc/156947/Page1.aspx
F. COMMUNITY PLANNING ASSOCIATION OF SOUTHWEST IDAHO (COMPASS)
http://weblink.meridiancity.org/weblink8/0/doc/157017/Page1.aspx
G. WEST ADA SCHOOL DISTRICT (WASD)
http://weblink.meridiancity.org/weblink8/0/doc/157972/Page1.aspx
H. CENTRAL DISTRICT HEALTH DEPARTMENT (CDHD)
http://weblink.meridiancity.org/weblink8/0/doc/157028/Page1.aspx
I. BOISE PROJECT BOARD OF CONTROL
http://weblink.meridiancity.org/weblink8/0/doc/156890/Page1.aspx
J. IDAHO TRANSPORTATION DEPARTMENT (ITD)
http://weblink.meridiancity.org/weblink8/0/doc/157781/Page1.aspx
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Page 45
K. NAMPA MERIDIAN IRRIGATION DISTRICT (NMID)
http://weblink.meridiancity.org/weblink8/0/doc/157048/Page1.aspx
L. NEW YORK IRRIGATION DISTRICT
http://weblink.meridiancity.org/weblink8/0/doc/156399/Page1.aspx
M. ADA COUNTY HIGHWAY DISTRICT (ACHD)
http://weblink.meridiancity.org/WebLink8/DocView.aspx?id=158096&dbid=0
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IX. FINDINGS
A. Annexation Findings:
Upon recommendation from the Commission, the Council shall make a full investigation
and shall, at the public hearing, review the application. In order to grant an annexation, the
Council shall make the following findings:
1. The map amendment complies with the applicable provisions of the Comprehensive
Plan;
The Applicant is proposing to annex the subject 35.1 acres of land with R -4 and R-8 zoning
districts and to develop 101 new single-family residential homes. The City Council finds that
the proposed map amendment complies with the provisions of the Comprehensive Plan, is
consistent with Medium Density Residential and should be compatible with adjacent
residential uses (see section VII above for more information).
2. 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 and R-8 zoning districts
is consistent with the purpose statement for the residential districts as detailed in Section VIII
above.
3. 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.
4. 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 the adverse
impact upon the delivery of services by any political subdivision providing public services
within the City.
5. The annexation is in the best of interest of the City (UDC 11-5B-3.E).
The City Council finds that the annexation of the site is in the best interest of the City.
B. 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:
1. 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.
2. Public services are available or can be made available and are adequate to
accommodate the proposed development;
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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.)
3. 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.
4. There is public financial capability of supporting services for the proposed
development;
Based on comments received from the public service providers (i.e., Police, Fire, ACHD,
etc.), City Council finds there is public financial capability of supporting services for the
proposed development. (See Exhibit B for more detail.)
5. 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.
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