Keep Subdivision H-2018-0043 AZADA COUNTY RECORDER Phil McGrane 2019-031102
BOISE IDAHO Pgs=54 VICTORIA BAILEY 04/17/2019 12:04 PM
CITY OF MERIDIAN, IDAHO NO FEE
► ' � ' i i� guy
PARTIES; 1-. City of Meridian
2. RD 2, Inc. and, Owners/Developers
3. Corporation of the Presiding Bishop of The Church of Jesus Christ of Latter-day
Saints, Owners
THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into
this day of Irl - , 2019, 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 JHP 2, Inc, whose address is 3728 E. Vantage Pointe Lane, Meridian, Idaho 83642 hereinafter
called ON INERS/DEVELOPERS, and Corporation of the Presiding Bishop of The Church of Jesus
Christ: of Latter-day Saints, whose address is 50 E. Temple Street, Salt Lake City, Utah 89101,
hereinafter called OWNERS.
1. RECITALS:
1.1 WHEREAS, Owners/Developers are the sole owners, in law and/or equity, of a
certain tract of land in the County of Ada, State of Idaho, comprising approximately
53.47 acres of land, described in Exhibit "A.I ", and Owners are the sole owners, in
law and/or equity, of a certain tract of land in the County of Ada, State of Idaho,
comprising approximately 7.07 acres of land, described in Exhibit "A.2"which is
attached hereto and by this reference incorporated herein as if set forth in full,
herein after referred to as the Property; and
1.2 WHEREAS, Idaho Code § 67-6511 A provides that cities may, by ordinance,
require or permit as a condition of zoning that the Owners/Developer and Owners
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
11-58-3 of the Unified Development Code ("UDC"), which authorizes
development agreements upon the annexation and/or re -zoning of land; and
1.4 WHEREAS, Owners/Developers and Owners have submitted an application for
annexation and zoning of the Property, with an R-2(Low Density Residential) as
described in Exhibit "A.I "and R-8 (Medium Density Residential) zoning district as
described in Exhibit "A.2", under the Unified Development Code, which generally
describes how the Property will be developed and/or what improvements will be
made; and
]DEVELOPMENT AGREEMENT—KEEP SUBDIVISION (H-2018-0043) PAGE 1 OF 9
Meridian City Council Meeting Agenda April 16, 2019 — Page 216 of 472
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ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement and made it
effective as hereinabove provided.
OWNERS/DEVELOPERS:
JIIP 2, Inc.
Its:
OWNERS:
Corporation of the Presiding Bishop of The Church of Jesus Christ of Latter-day Saints
O�p-TED
CITY OF MERIDIAN ATTEST: �o�e
010 of
E IDIAM_
IDAHO
Mayor T y de Weerd
r Toc a�
DEVELOPMENT AGREEMENT —KEEP SUBDIVISION (H-2018-0043) PAGE 8 OF 9
STATE OF f+tto ld-hA )
ss:
County of A,&,
S� �o N
On this $ day of_, 2019, before me, the undersigned, a Notary Public in and for said State, personally
appeared SIC 11- 1 C610M o nGI , known or identified to me to be the _ arQ - -� of JHP 2, Ine., and
acknowledged to me that he executed the same on behalf of said Corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate
first above written.
(SEAL) ( l.:lo � r, co (�0� 1�1 SIP
-
Q'
WEEKES- WON Notary Public for Idaho It4t-ak
IMP WOW I'L M-STAROFMMAH � Residing at: ,er}StiC{nci�?77 4r,,/nM CWM �. 021261202s 4
Cp pn * 7048311 My Commission Expires: OZ 70 Z�
STATE OF Uf &h )
ss:
Countyof SaJf t -aka k G )
On this 8 � day of Ap r, I , 2019, before me, the undersigned, a Notary Public in and for said State, personally
appeared fdht andi Will known or identified to me to be the 4,op of Corporation of
the Presiding Bishop of The Church of Jesus Christ of Latter-day Saints, and acknowledge to me that he executed the
same on behalf of said Church.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate
first above written.
(SEAL)
.:,, KORTNEY JOHNSON
• Notary Public, State of Utah!
Commission # 690382
? My Commission Expires Of,
September 02, 2020
STATE OF IDAHO
: ss
Not PL%IX for S'1 k 0{ Vjgh
Residing at: � $h[ f h
My Commission Expires: q 1 I i,i 7_0
County of Ada )
On this-- day of I I _ 2019, before me, allotaryPublic, personally appeared Tammy de
C_T j 55��ch(Weerd and s, 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 behalfofsaid City, and acknowledged tome 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.
otaapu CILIA -
(s ARLENE WAY Notary Public for o
��7MMISSION #67390 Residing at: nn iAlv)
NOTARY PUBLIC Commission ex fres:
STATE OF IDAHO p `3 '2S3' a� al�
MY COMMISSION EXPIRES 3/28/22
DEVELOPAZENT AGREEMENT— KEEP SUBDIVISION (H-2018-0043) PAGE 9 OF 9
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CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2018-0043 - 1 -
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND DECISION & ORDER
In the Matter of the Request for Annexation and zoning (AZ) of 60.55 acres of land with both R-2
and R-8 zoning districts; and a Preliminary plat (PP) consisting of 59 building lots and 10 common
lots on 53.47, by JHP, LLC and Corp. of the Presiding Bishopric of the Church of Jesus Christ of
Latter Day Saints.
Case No(s). H-2018-0043
For the City Council Hearing Date of: July 24, 2018 (Findings on August 7, 2018)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of July 24, 2018, incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of July 24, 2018, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of July 24, 2018,
incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of July 24, 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 August 7, 2018 – Page 480 of 572
EXHIBIT B
Meridian City Council Meeting Agenda April 16, 2019 – Page 229 of 472
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2018-0043 - 2 -
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of July 24, 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 requests for annexation and zoning and preliminary plat are hereby approved
per the conditions of approval in the Staff Report for the hearing date of July 24, 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 applicant has requested 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 August 7, 2018 – Page 481 of 572Meridian City Council Meeting Agenda April 16, 2019 – Page 230 of 472
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2018-0043 - 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 July 24, 2018
Meridian City Council Meeting Agenda August 7, 2018 – Page 482 of 572Meridian City Council Meeting Agenda April 16, 2019 – Page 231 of 472
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)
Mayor
Attest:
C.)6y Coles
C Clerk
1 day of (
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Copy served upon Applicant, Community Development Department, Public Works Department and City
Attorney.
By: My Dated:
City Clerk's Office
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2018-0043 -4-
Ke-(2
4 -
Ke -e P Meridian City Council Meeting Agenda April 16, 2019 – Page 232 of 472
1 | P a ge
Keep Subdivision – H-2018-0043
STAFF REPORT
Hearing Date: July 24, 2018
TO: Mayor & City Council
FROM: Josh Beach, Associate City Planner
208-884-5533
Bruce Freckleton, Development Services Manager
208-887-2211
SUBJECT: Keep Subdivision – H-2018-0043
I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST
The applicant, Jack L. Hammond, has submitted an application for annexation and zoning (AZ) of
60.55 acres of land with both R-8 (7.07 acres) and R-2 (53.47 acres) zoning districts; and a
preliminary plat (PP) consisting of 59 building lots and 10 common lots on 53.47 acres of land for
Keep Subdivision.
II. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed AZ and PP applications in accord with the conditions of
approval in Exhibit B and the Findings of Fact and Conclusions of Law in Exhibit D.
The Meridian Planning & Zoning Commission heard these items on June 6, and June 21, 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: Todd Lakey (Applicant’s representative)
ii. In opposition: None
iii. Commenting: None
iv. Written testimony: Judy Lewis
v. Staff presenting application: Josh Beach
vi. Other staff commenting on application: None
b. Key issue(s) of Public Testimony:
i. None
c. Key Issues of Discussion by Commission:
i. None
d. Commission Change(s) to Staff Recommendation:
i. Remove condition 1.1.3D
e. Outstanding Issue(s) for City Council:
i. None
The Meridian City Council heard these items on July 24, 2018. At the public hearing, the
Commission moved to approve the subject AZ and PP requests.
a. Summary of Commission Public Hearing:
vii. In favor: Todd Lakey (Applicant’s representative)
viii. In opposition: None
ix. Commenting: None
x. Written testimony: None
xi. Staff presenting application: Josh Beach
Meridian City Council Meeting Agenda August 7, 2018 – Page 484 of 572Meridian City Council Meeting Agenda April 16, 2019 – Page 233 of 472
2 | P a ge
Keep Subdivision – H-2018-0043
xii. Other staff commenting on application: None
b. Key issue(s) of Public Testimony:
i. None
c. Key Issues of Discussion by Commission:
ii. None
di. Council Change(s) to Staff Recommendation:
i. Remove condition 1.1.2c
ii. Modify condition 1.1.1a
iii. Modify condition 1.1.1d
iv. Modify condition 1.1.5
v. Remove condition 7.1.7
vi. Add condition 1.1.1g as follows: “The applicant shall coordinate with ACHD and the
Meridian Fire Department on the requirement for a temporary turn-around to
ensure it is a requirement for the development.”
f. Outstanding Issue(s) for City Council:
i. None
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to recommend approval to the City
Council of File Number H-2018-0043, as presented in the staff report for the hearing date of July 24,
2018, with the following modifications: (Add any proposed modifications).
Denial
After considering all staff, applicant and public testimony, I move to recommend denial to the City
Council of File Number H-2018-0043, as presented during the hearing on July 24, 2018, for the
following reasons: (You should state specific reasons for denial)
Continuance
I move to continue File Number H-2018-0043 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 on the southwest corner of E. Lake Hazel Road and S. Eagle Road, in the NE
of Section 5, Township 2N., Range 1E.
B. Owners/Applicant:
JHP, LLC Corp. of the Presiding Bishop of the Church of
Jesus Christ of Latter Day Saints
372 E. Vantage Point Lane 50 E. North Temple Street
Meridian, ID 83642 Salt Lake City, UT 84101
C. Representative:
Jarron Langston
9563 W. Harness Drive
Boise, ID 83709
Meridian City Council Meeting Agenda August 7, 2018 – Page 485 of 572Meridian City Council Meeting Agenda April 16, 2019 – Page 234 of 472
3 | P a ge
Keep Subdivision – H-2018-0043
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 notification published on: May 18, 2018 (Commission); July 6, 2018 (Council)
C. Radius notices mailed to properties within 300 feet on: May 10, 2018 (Commission); June 29,
2018 (Council)
D. Applicant posted notice on site(s) on: May 25, 2018 (Commission); July 13, 2018 (Council)
VI. LAND USE
A. Existing Land Use(s) and Zoning: The annexation area consists of agricultural property and an
LDS Church, zoned RUT in Ada County.
B. Character of Surrounding Area and Adjacent Land Use and Zoning:
1. North: Single-family residential properties in Diamond Ridge Estates Subdivision, zoned
RUT in Ada County; Undeveloped residential property zoned RUT in Ada County.
2. East: S. Eagle Road and single-family residential properties zoned RUT in Ada County.
3. South: One single-family residential property and undeveloped property zoned RUT in Ada
County.
4. West: One single-family residential property, zoned RUT.
C. History of Previous Actions: None
D. Utilities:
1. Location of sewer: Temporary sewer service is being made available to this property under an
agreement with the Brighton Corporation, as part of their development of Century Farm
Subdivision No. 10. This temporary service location may become permanent, and is
dependent on the density of future development in the region, and the progression of the west
branch of the Ten Mile Trunk Sewer through the Sky Mesa Subdivision.
2. Location of water: Water is available from existing mains in E. Lake Hazel and S. Eagle
Roads.
3. Issues or concerns: The water main in Bennet Court. will need to be looped to the south
through the common lot to Bingley Drive for fire flow. Fire flow is limited to 1500gpm
within this development, which may not be adequate given the size of the proposed lots and
dwellings. Coordinate with the Building Department and Fire Department to arrange
compliance alternatives.
E. Physical Features:
1. Canals/Ditches Irrigation: There is an irrigation lateral (Farr) along the south side of the
property.
2. Hazards: Staff is not aware of any hazards that exist on this property.
3. Flood Plain: NA
Meridian City Council Meeting Agenda August 7, 2018 – Page 486 of 572Meridian City Council Meeting Agenda April 16, 2019 – Page 235 of 472
4 | P a ge
Keep Subdivision – H-2018-0043
VII. COMPREHENSIVE PLAN POLICIES AND GOALS
This property is designated “Low Density Residential” on the Comprehensive Plan Future Land Use
Map. Low density residential areas are anticipated to contain up to three dwellings per acre. The
proposed preliminary plat includes 59 single-family lots on 53.47 acres for a total gross density of 1.1
dwelling units/acre which is consistent with the LDR land use designation. Staff finds that the density
is consistent with the comprehensive plan.
Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to
the proposed use (staff analysis in italics):
Support a variety of residential categories (low-, medium-, medium-high
and high-density single-family, multi-family, townhouses, duplexes,
apartments, condominiums, etc.) for the purpose of providing the City
with a range of affordable housing opportunities.” (3.07.01E)
The proposed single-family detached dwellings will contribute to the variety of housing types
available within the City.
Permit new development only where urban services can be reasonably provided at the time
of final approval and development is contiguous to the City.” (3.01.01F)
City services are available and will be extended by the developer to the proposed lots upon
development of the site in accord with UDC 11-3A-21.
Require common area in all subdivisions.” (3.07.02F)
The proposed plat depicts a total of 5.66 acres (or 10.6%) of qualified open space in accord
with the requirements listed in UDC11-3G-3.The open space (as noted above) includes
landscape buffer along S. Eagle and E. Lake Hazel Roads, internal parkways, and a
pedestrian pathway common lot.
The previous version of this plat depicted a total of 5.66 acres of land (or 10.6%) of
qualified open space which is in compliance with UDC 11-3G-3. The applicant has
subsequently submitted a revised plat that includes a certain amount of additional open
space. The open space includes a landscape buffer along E. Lake Hazel Road, S. Eagle
Road, internal pathways an common open space.
Review new development for appropriate opportunities to connect local roads and collectors
to adjacent properties (stub streets). (3.03.020)
The proposed plat depicts a connection two connections to S. Eagle as well as a connection
to E. Lake Hazel Road, as well as a stub street to the parcel to the west. Staff will require one
additional stub street to the south. ACHD has indicated that the full access to E. Lake Hazel
does not meet their standards and is not allowed. The applicant will need to provide an
emergency access/pedestrian pathway common lot in order to meet the requirements of UDC
11-6C-3.
Support infill of vacant lots in substantially developed, single-family areas at densities
similar to surrounding development.” (3.07.02I)
The subject property is adjacent to existing low density homes and similar lot sizes to the
north in Diamond Ridge Estates Subdivision. The overall density for the project falls within
the parameters of the LDR land use designation and the surrounding residential
developments.
Require pedestrian access connectors in all new development to link subdivisions together to
promote neighborhood connectivity as part of a community pathway system.” (3.03.03B)
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The applicant is proposing 5-foot detached sidewalks that will connect to proposed sidewalks
along both E. Lake Hazel and S. Eagle, a stub sidewalk to the west as well as two proposed
pedestrian common lots.
Reduce the number of existing access points onto arterial streets by using methods such as
cross access agreements, access management and frontage/backage roads.” (3.03.02N)
The submitted plat depicts one access point two access points to E. Lake Hazel Road as well
as a connection to S. Eagle Road. ACHD has indicated that they will not approve the
proposed full access to E. Lake Hazel. The applicant will need to provide an emergency
access in this location in order to meet the requirements of the UDC.
Require new residential development to meet development standards regarding landscaping,
signage, fences and walls, etc.” (3.05.02C)
Street buffer landscaping is required adjacent to E. Lake Hazel and S. Eagle Roads in accord
with the standards listed in UDC 11-3B-7C. Separate permits shall be obtained for signage
and fencing in compliance with the standards listed in UDC 11-3D-5 and 11-3A-7
respectively.
Coordinate with public works, police, and fire departments on proposed annexation and
development requests, and the impacts on services.” (3.04.01H)
Staff has coordinated with public works, police and fire and has incorporated their comments
and conditions in this report.
Ensure development provides safe routes and access to schools, parks and other community
gathering places.” (3.07.02N)
Staff is requiring the applicant to install the frontage improvements along frontage of E. Lake
Hazel Road with the first phase. The surrounding area is not currently developed, however
the Parks Department has plans to construct a park near the subject property, and
commenced construction earlier this year. Staff finds that the sidewalk and landscape buffer
should be installed to provide greater pedestrian access to the park facilities.
For the above stated reasons, staff finds the proposed project is consistent with the goals and
objectives in the Comprehensive Plan.
VIII. UNIFIED DEVELOPMENT CODE (UDC)
A. Purpose Statement of Zone: Per UDC 11-2A-1, the purpose of the residential districts is to
provide for a range of housing opportunities consistent with the Meridian comprehensive plan.
Residential districts are distinguished by the allowable density of dwelling units per acre and
corresponding housing types that can be accommodated within the density range.
B. Schedule of Use: Unified Development Code (UDC) Table 11-2A-4 and 11-2A-6 lists the
principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the R-2 and R-8
zoning districts. Any use not 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-
2 zoning district, and the current use of a church in the proposed R-8 zoning district is a
conditionally approved use within that zoning district. However, since the church was approved
within Ada County, the City honors that approval and will not require approval of a conditional
use permit for that use to remain.
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C. Dimensional Standards: Development of the site should be consistent with the dimensional
standards listed in UDC Tables 11-2A-4 for the R-2 zoning district and 11-2A-6 for the R-8
zoning district.
D. Landscaping:
Street buffer landscaping shall be installed in accordance with the standards listed in UDC
Tables 11-2A-4 for the R-2 zoned property, 11-2A-6 for the R-8 zoned property and UDC
11-3B-7C.
Per UDC 11-3G-3, the plat is required to provide 5 percent open space and one amenity for
every 20 acres of development area.
E. Subdivision Design and Improvement Standards: The subdivision must comply with the
subdivision design standards outlined in UDC 11-6C-3.
F. Off-Street Parking: Off-street parking is required in accord with UDC Table 11-3C-6 for single-
family dwellings.
IX. ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
1. Annexation & Zoning
The applicant has applied for annexation and zoning of 60.55 acres of land with R-2 and R-8
zoning districts. As discussed above in Section VII, staff believes the proposed zoning
designations are consistent with the policies in the Comprehensive Plan.
The applicant requested that the church parcel be zone R-8 because churches are not allowed uses
in either the R-2 or R-4 zoning districts, and are a conditional use within the R-8 zoning district.
The church also entered into a consent to annex agreement in 2006. With this annexation, they are
making good on their commitment to annex the parcel into the City one the property was
contiguous with City limits.
The applicant proposes to develop 59 new single-family residential detached homes on 53.47
acres of land as shown on the preliminary plat included in Exhibit A.2.
The legal description submitted with the application, included in Exhibit C, shows the boundaries
of the property proposed to be annexed. The property is contiguous to land that has been annexed
into the City and is within the Area of City Impact boundary.
The City may require a development agreement (DA) in conjunction with an annexation pursuant
to Idaho Code section 67-6511A. In order to ensure the site develops as proposed with this
application, staff recommends a DA as a provision of annexation with the provisions included in
Exhibit B.
2. Preliminary Plat
The proposed plat consists of 59 building lots and 10 common lots on 53.47 acres of land in a
proposed R-2 and R-8 zoning districts (see Exhibit A.2). The gross density for the subdivision is
1.1 d.u./acre. The lots range in size from 22,120 square feet to over 77,000 square feet, with an
average lot size of 31,600 square feet.
Dimensional Standards: Development of this site is required to comply with the dimensional
standards listed in UDC 11-2A-3 and Table 11-2A-4 for the R-2 district and 11-2A-6 for the R-8
district. Staff has reviewed the proposed plat and found it to be in compliance with those
standards.
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Block Length: The plat is required to comply with the block length standards listed in UDC 11-
6C-3F. Staff has reviewed the proposed plat and in order to ensure compliance with the
UDC the applicant shall provide an emergency access to E. Lake Hazel in place of the full
access that was denied by ACHD.
UDC 11-6C-3(B)4 limits the length of a cul-de-sac. With ACHD’s requirement that the
access to E. Lake Hazel be removed, Pemberly Lane is now approximately 700 feet in length
and does not meet the requirements of UDC. The applicant shall revise the plat to comply
with this requirement
Access: Access is proposed for this site via one two accesses from E. Eagle Road and to E. Lake
Hazel Road. ACHD will not allow the applicant to have direct access to E. Lake Hazel, so staff is
proposing an emergency access out to Lake Hazel.
Streets: The applicant is proposing public roads throughout the development. The applicant’s
proposal for street section does not appear to meet the requirements of ACHD. The applicant
shall comply with their requirements and shall install 8 foot parkways and 5 foot detached
sidewalks throughout the development.
Stub Streets: The applicant is proposing a single public stub street at the west boundary.
Parking: Off-street parking is required on each residential lot in accord with the standards listed
in UDC 11-3C-6.
Landscaping: A landscape plan was submitted with this application for the area proposed to be
platted as shown in Exhibit A.3. A 35 foot landscape buffer is required along the Lake Hazel
frontage because it is considered an entryway corridor per the City’s Comprehensive Plan. A 25-
foot wide street buffer is also required along S. Eagle Roads, considered an arterial roadway, per
UDC Table 11-2A-6 and is required to be landscaped in accord with the standards listed in UDC
11-3B-7C. The buffer width should be measured from the back of curb per UDC 11-3B-
7C.1a (2); or, the ultimate curb location as determined by ACHD if future road widening is
anticipated; revise plans accordingly. Landscaping within the common areas is required in
accord with the standards listed in UDC 11-3G-3E.
Tree Mitigation: If there are existing trees on the site that are proposed to be removed, the
applicant should contact Elroy Huff, City Arborist, at 888-3579 to schedule an appointment to
confirm mitigation requirements prior to removal of any trees on the site. The applicant shall
submit a tree mitigation plan with the final plat application.
Parkways: Eight-foot wide parkways are proposed in all areas where detached sidewalks are
proposed in accord with the standards listed in UDC 11-3A-17E.
Open Space: A minimum of 5% qualified open space is required to be provided for this
development in accord with UDC 11-3G-3A.1. Based on the area of the preliminary plat (53.47
acres), a minimum of 5.34 acres of qualified open space is required to be provided as set forth in
UDC 11-3A-3B. The previous version of the plat showed a total of 5.66 acres (or 10.6%) of
qualified open space consisting of ½ the street buffer along E. Lake Hazel and S. Eagle Roads,
and 8-foot wide parkways along the local streets. and internal common open space areas which
appear to comply with this requirement. The applicant has subsequently submitted a revised
plat which includes a certain amount of additional open space which remains compliant
with UDC 11-3G-3.
The plat reflects several pedestrian common lots that do not show the required landscaping as
required by UDC 11-3B-12. The applicant shall revise the landscape plan to include the required
landscaping along pedestrian pathways.
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Additionally, staff is proposing that the applicant provide an additional pathway between Lots 19
and 20 of Block 3 to the west boundary of the church parcel in order to promote pedestrian
accessibility to the church parcel.
LDS Church Parcel: The plat as shown indicates that the applicant has purchased a portion
of the LDS parcel. The applicant has not provided the final approval letter from Ada
County indicating that the applicant has completed the process. Prior to the City Council
hearing approval of the development agreement, the applicant shall provide the final
approval letter from Ada County indicating completion of the property boundary
adjustment.
Site Amenities: All developments consisting of five acres of more are required to provide a
minimum of one site amenity; one additional site amenity is required for each additional 20 acres
per UDC 11-3G-3A.2, in accord with the standards listed in UDC 11-3G-3C. Based on the area of
the preliminary plat (53.47 acres), staff requires a minimum of 4 qualified site amenities be
provided. The amenities include a bike storage enclosure, a gazebo and an additional 5% open
space can be applied as an additional amenity. The applicant shall provide 1 additional amenity
for the subdivision.
Fencing: All fencing should comply with the standards listed in UDC 11-3A-6B and 11-3A-7.
The applicant shall construct fencing as proposed.
Sidewalks: Sidewalks are required along all public streets as set forth in UDC 11-3A-17. The
applicant proposes to construct detached sidewalks throughout the development and along both S.
Eagle and E. Lake Hazel Roads in accord with UDC standards. Please note that there is
attached sidewalk along the LDS church frontage of S. Eagle Road that was
constructed with the church. City staff is ok not replacing the existing sidewalk with
detached sidewalk.
Building Elevations: The applicant has submitted some conceptual sample building elevations
for future homes in this development, included in Exhibit A.4. Building materials appear to
consist of a mix of stucco, masonry, hardy-back siding, wood and brick.
Because homes on lots that back up to E. Lake Hazel and Eagle Roads will be highly visible,
staff recommends the rear or sides of structures on lots that face the street incorporate
articulation through changes in materials, color, modulation, and architectural elements
horizontal and vertical) to break up monotonous wall planes and roof lines.
In summary, Staff recommends approval of the proposed annexation and preliminary plat request
for this site with a development agreement and the recommended conditions listed in Exhibit B of
this report in accord with the Findings contained in Exhibit D.
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X. EXHIBITS
A. Drawings/Other
1. Vicinity Map
2. Proposed Preliminary Plat (dated: 3/28/18)
3. Proposed Landscape Plan (dated: 11/17/1711/21/2017)
4. Conceptual Building Elevations
B. Agency & Department Comments/Conditions
C. Legal Description & Exhibit Map for Annexation Boundary
D. Required Findings from Unified Development Code
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A. Drawings
1. Vicinity Map
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2. Proposed Preliminary Plat (dated: 3/28/18)
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3. Proposed Landscape Plan (dated; 11/17/17 11/21/2017)
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4. Conceptual Building Elevations
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B. EXHIBIT B - AGENCY & DEPARTMENT COMMENTS/CONDITIONS
1. PLANNING DIVISION
1.1 Site Specific Conditions of Approval
1.1.1 A Development Agreement (DA) is required as a provision of annexation of this property. Prior
to the annexation ordinance approval, a DA shall be entered into between the City of Meridian,
the property owner(s) at the time of annexation ordinance adoption, and the developer. A final
plat application shall not be submitted to City until the agreement is executed.
Currently, a fee of $303.00 shall be paid by the applicant to the Planning Division prior to
commencement of the DA. The DA shall be signed by the property owner and returned to the
City within six (6) months of the City Council granting annexation. The DA shall, at minimum,
incorporate the following provisions:
a. Except the two (2) public street accesses to S. Eagle Road and the two (2) accesses from
the existing LDS church parcel, direct lot access to E. Lake Hazel and S. Eagle Roads is
prohibited in accord with UDC 11-3A-3.
b. Future development of this site shall be generally consistent with the preliminary plat,
landscape plan and building elevations depicted in Exhibit A and the revisions noted in the
staff report.
c. The applicant shall comply with the submitted home elevations attached in Exhibit A.4. The
rear and/or side of structures that face arterial or collector streets (Lots 2-5 of Block 1, Lots 2-
6, 8 and 38, 39 and 41 of Block 3 and Lot 3 of Block 5, ), shall incorporate articulation
through changes in two or more of the following: modulation (e.g. – projections, recesses,
step-backs, pop-outs), bays, banding, porches, balconies, material types, or other integrated
architectural elements to break up monotonous wall planes and roof lines that are visible from
the subject public street. Single-story structures are exempt from this requirement.
d. The site shall develop with a minimum of 10.6% open space (5.66 acres) and shall
include bike storage, a gazebo, an extra 5% open space and a tot lot in order to comply
with UDC 11-3G-3.
e. The church shall connect to City utilities as soon as they become available and shall abandon
the septic system upon connection to City sewer.
f. The applicant shall install the frontage improvements along the frontage of E. Lake Hazel
Road and Eagle Road with the first phase of development.
g. The applicant shall coordinate with ACHD and the Meridian Fire Department on the
requirement for a temporary turn-around to ensure it is a requirement for the
development.
1.1.2 The preliminary plat included in Exhibit A.2, dated 3/28/18, shall be revised as follows:
a. The applicant shall provide a master grading and drainage plan for the site with the first final
plat application.
b. The applicant’s proposal for street section does not appear to meet the requirements of
ACHD. The applicant shall comply with ACHD’s requirements and shall install 8 foot
parkways and 5 foot detached sidewalks throughout the development.
c. With the removal of the direct access to E. Lake Hazel, Pemberly Lane is now approximately
700 feet in length and does not meet the requirements of UDC. The applicant shall revise the
plat to comply with this requirement
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1.1.3 The landscape plan included in Exhibit A.3, dated 11/21/17, shall be revised as follows:
a. The buffer width along E. Lake Hazel and S. Eagle Roads shall be measured from the back of
curb per UDC 11-3B-7C.1a(2); or, the ultimate curb location as determined by ACHD if
future road widening is anticipated; revise accordingly.
b. If there are any existing trees on the site that are to be removed, the applicant should contact
Elroy Huff, City Arborist, at 888-3579 to schedule an appointment to confirm mitigation
requirements prior to removal of any trees on the site. Any existing trees proposed to be
retained on-site shall be noted on the landscape plan submitted with a final plat application.
c. The pedestrian pathway on Lot 7, Block 3 shall be landscaped in accord with UDC 11-3B-12.
d. The applicant shall provide an additional micropath between Lots 19 and 20 of Block 3 to the
west boundary of the church parcel.
1.1.4 The applicant shall comply with all condition of the Ada County Highway District.
1.1.5 Prior to the approval of the development agreement, the applicant shall provide the final
approval letter from Ada County indicating completion of the property boundary
adjustment.
1.2 General Conditions of Approval
1.2.1 Comply with all bulk, use, and development standards of the R-8 zoning district listed in UDC
Table 11-2-A-5.
1.2.2 Comply with all provisions of 11-3A-3 with regard to access to streets.
1.2.3 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set
forth in UDC 11-3A-6.
1.2.4 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11 -3A-
15, UDC 11-3B-6 and MCC 9-1-28.
1.2.5 Comply with the sidewalk standards as set forth in UDC 11-3A-17.
1.2.6 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-5J.
1.2.7 Construct the required landscape buffers consistent with the standards as set forth in UDC 11-3B-
7C.
1.2.8 Construct storm water integration facilities that meet the standards as set forth in UDC 11-3B-
11C.
1.2.9 Construct all parkways consistent with the standards as set forth in UDC 11-3A-17E, 11-3G-3B5
and 11-3B-7C.
1.2.10 Comply with all subdivision design and improvement standards as set forth in UDC 11-6C-3,
including but not limited to cul-de-sacs, driveways, common driveways, easements, blocks,
street buffers, and mailbox placement.
1.2.11 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle.
1.3 Ongoing Conditions of Approval
1.3.1 The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets
the standards as set forth in UDC 11-3B-6 and to install and maintain all landscaping as set forth
in UDC 11-3B-5, UDC 11-3B-13 and UDC 11-3B-14.
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1.3.2 All common open space and site amenities shall be maintained by an owner's association as set
forth in UDC 11-3G-3F1.
1.3.3 The project is subject to all current City of Meridian ordinances.
1.3.4 The applicant and/or property owner shall have an ongoing obligation to prune all trees to a
minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the
area.
1.3.6 The applicant has a continuing obligation to comply with the outdoor lighting provisions as set
forth in UDC 11-3A-11.
1.3.7 The applicant and/or property owner shall have an ongoing obligation to maintain all landscaping
and constructed features within the clear vision triangle consistent with the standards in UDC 11-
3A-3.
1.4 Process Conditions of Approval
1.4.1 No signs are approved with this application. Prior to installing any signs on the property, the
applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3
Article D and receive approval for such signs.
1.4.2 The applicant shall complete all improvements related to public life, safety, and health as set forth
in UDC 11-5C-3B. A surety agreement may be accepted for other improvements in accord with
UDC 11-5C-3C.
1.4.3 The final plat, and any phase thereof, shall substantially comply with the approved preliminary
plat as set forth in UDC 11-6B-3C2.
1.4.4 The applicant shall obtain approval for all successive phases of the preliminary plat within two
years of the signature of the City Engineer on the previous final plat as set forth in UDC 11-6B-
7B (if applicable).
1.4.5 The preliminary plat approval shall be null and void if the applicant fails to either 1) obtain the
City Engineer signature on a final plat within two years; or, 2) gain approval of a time extension
as set forth in UDC 11-6B-7.
1.4.6 Upon installation of the landscaping and prior to inspection by Planning Division staff, the
applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A.
2. PUBLIC WORKS DEPARTMENT
2.1 SITE SPECIFIC CONDITIONS OF APPROVAL
2.1.1 Type I lighting shall be required along the frontage of the development along S. Eagle Road and
E. Lake Hazel Road, and Type II lighting will be required along the internal streets. A street
lighting plan will be required with the submittal of development plans and final plat. Plan
requirements can be found in section 6-5 of the Improvement Standards for Street Lighting at
http://www.meridiancity.org/public_works.aspx?id=272
2.1.2 Temporary sewer service is being made available to this property under an agreement with the
Brighton Corporation, as part of their development of Century Farm Subdivision No. 10. This
temporary service location may become permanent, and is dependent on the density of future
development in the region, and the progression of the west branch of the Ten Mile Trunk Sewer
through the Sky Mesa Subdivision.
2.1.3 The water main in Bennet Court will need to be looped to the south through the common lot to
Bingley Drive for fire flow. Fire flow is limited to 1500gpm within this development, which may
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not be adequate given the size of the proposed lots and dwellings. Coordinate with the Building
Department and Fire Department to arrange compliance alternatives.
2.1.4 Due to the elevation differentials in this development, the applicant shall be required to submit an
engineered master grading and drainage plan for approval by the Community Development
Department. This plan shall establish, at a minimum; the finish floor elevation of each building
lot, the finish grade elevations of the rear lot corners, the drainage patterns away from each
building pad, the drainage patterns of the overall blocks, and any special swales or subsurface
drainage features necessary to control and maintain storm water drainage. Applicant's engineer
shall consult the 2012 International Residential Code when establishing the finish floor elevations
and drainage patterns away from the building pads.
2.1.5 With the application for a building permit, each home builder must submit lot grading and
finished floor elevation consistent with the approved master grading and drainage plan for the
subdivision. If deviations from the approved master grading and drainage plan are proposed, they
must be submitted and approved by the Community Development Department prior to the
issuance of a building permit. Any such revision proposal shall be accompanied by a written
authorization from the Developer to allow a revision to the master lot grading plan.
2.1.6 The existing LDS Church situated within this project will be required to connect to the sanitary
sewer system being installed as part of the development. Once sewer service is available, the
church shall connect within 60-days, and terminate their existing septic system per General
Condition of Approval 2.2.8 below.
2.2 General Conditions of Approval
2.2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works
Department, and execute standard forms of easements for any mains that are required to provide
service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover
from top of pipe to sub-grade is less than three feet than alternate materials shall be used in
conformance of City of Meridian Public Works Departments Standard Specifications.
2.2.2 Per Meridian City Code (MCC), the applicant shall be responsible to install sewer and water
mains to and through this development. Applicant may be eligible for a reimbursement
agreement for infrastructure enhancement per MCC 8-6-5.
2.2.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of
way (include all water services and hydrants). The easement widths shall be 20-feet wide for a
single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but
rather dedicated outside the plat process using the City of Meridian’s standard forms. The
easement shall be graphically depicted on the plat for reference purposes. Submit an executed
easement (on the form available from Public Works), a legal description prepared by an Idaho
Licensed Professional Land Surveyor, which must include the area of the easement (marked
EXHIBIT A) and an 81/2” x 11” map with bearings and distances (marked EXHIBIT B) for
review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO
NOT RECORD. Add a note to the plat referencing this document. All easements must be
submitted, reviewed, and approved prior to 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.
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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 11-12-3H.
2.2.17 Compaction test results shall be submitted to the Meridian Building Department for all building
pads receiving engineered backfill, where footing would sit atop fill material.
2.2.18 The design engineer shall be required to certify that the street centerline elevations are set a
minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure
that the bottom elevation of the crawl spaces of homes is at least 1-foot above.
2.2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or
drainage facility within this project that do not fall under the jurisdiction of an irrigation district
or ACHD. The design engineer shall provide certification that the facilities have been installed in
accordance with the approved design plans. This certification will be required before a certificate
of occupancy is issued for any structures within the project.
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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
3.1 The Police Department has no comment on this application.
4. FIRE DEPARTMENT
4.1 One and two family dwellings not exceeding 3,600 square feet require a fire-flow of 1,000
gallons per minute for a duration of 2 hours to service the entire project. One and two family
dwellings in excess of 3,600 square feet require a minimum fire flow as specified in Appendix B
of the International Fire Code. Fire Hydrant spacing shall be provided as required by Appendix C
of the International Fire Code.
4.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department in accordance
with International Fire Code Section (IFC) 508.5.4 as follows:
a. Fire hydrants shall have the 4 ½” outlet face the main street or parking lot drive aisle.
b. Fire hydrants shall not face a street which does not have addresses on it.
c. Fire hydrant markers shall be provided per Public Works specifications.
d. Fire Hydrants shall be placed on corners when spacing permits.
e. Fire hydrants shall not have any vertical obstructions to outlets within 10’.
f. Fire hydrants shall be placed 18” above finished grade to the center of the 4 ½” outlets.
g. Fire hydrants shall be provided to meet the requirements of IFC Section 509.5.
h. Show all proposed or existing hydrants for all new construction or additions to existing
buildings within 1,000 feet of the project.
4.3 In accordance with International Fire Code Section 503.2.5 and Appendix D, any roadway greater
than 150 feet in length that is not provided with an outlet shall be required to have an approved
turn around. Phasing of the project may require a temporary approved turn around on streets
greater than 150' in length with no outlet.
4.4 All entrances, internal roads, drive aisles, and alleys shall have a turning radius of 28’ inside and
48’ outside, per International Fire Code Section 503.2.4.
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7. ADA COUNTY HIGHWAY DISTRICT
7.1 Site Specific Conditions of Approval
7.1.1 1. Dedicate 25-feet of additional right-of-way to total 50-feet of right-of-way along Lake Hazel
Road, from section line, abutting the site. Right-of-way is impact fee eligible for compensation.
7.1.2 Improve Lake Hazel Road to total 17-feet of pavement with 3-foot wide gravel shoulder from
section line abutting the site.
7.1.3 Construct 5-foot wide sidewalk along Lake Hazel Road abutting the site within an easement. The
sidewalk should be constructed to be located a minimum 50-feet from section line to front face of
sidewalk with the east section of sidewalk to taper to 43-feet from section line to tie into future
Lake Hazel/Eagle intersection improvements.
7.1.4 Dedicate 15-feet of additional right-of-way to total 40-feet of right-of-way from section line
abutting the northern portion of the site; and dedicate 12-feet of additional right-of-way to total
37-feet of right-of-way from section line abutting the southern portion of the site. Right-of-way
will be compensated.
7.1.5 Improve Eagle Road to total 17-feet of pavement with 3-foot wide gravel shoulder from section
line abutting the site.
7.1.6 Construct 5-foot wide sidewalk along Eagle Road abutting the site within an easement. The
sidewalk should be constructed to be located a minimum 40-feet from section line to front face of
sidewalk along the northern portion of the site with the north section of sidewalk to taper to 33-
feet from section line to tie into future Lake Hazel/Eagle intersection improvements. The
applicant should be required to construct the 5-foot wide sidewalk a minimum 37-feet to front
face of sidewalk from section line along the southern portion of the site.
7.1.7 Construct a local street, Pemberly Lane, to intersect Eagle Road located approximately 540-feet
south of Lake Hazel Road from the site.
7.1.8 Construct a local street, Bingley Drive, to intersect Eagle Road located approximately 1,600-feet
south of Lake Hazel Road from the site. 7.1.9 Extend Huntly Drive as a stub street to the west
property line as proposed. Install a sign at the terminus of the stub street stating that, “THIS
ROAD WILL BE EXTENDED IN THE FUTURE.”
7.1.9 Construct the new streets that contain landscape medians with curb, gutter, minimum two 21-foot
wide travel lanes, maximum 12-foot wide landscape medians and 5-foot wide concrete sidewalks.
7.1.10 Plat the median as right-of-way owned by ACHD; and the Developer or Homeowners
Association apply for a license agreement if landscaping is to be placed within the median.
7.1.11 Construct the internal local streets as 33-foot street sections with rolled or vertical curb, gutter,
and 5-foot wide sidewalk within 47-feet of right-of-way. If the sidewalks are detached, then
dedicate right-of-way to 2-feet behind the back of curb and provide a sidewalk easement to 2-feet
behind back of sidewalk for any public sidewalk placed outside of the dedicated right-of-way.
7.1.12 Construct the cul-de-sacs at the terminus of Darcy Court, Wickham Court, Bennet Court, and
Pemberley Court with minimum 45-foot turning radius.
7.1.13 Construct the internal local streets with minimum offset of 125-feet.
7.1.14 Construct a local stub street, Wickham Place, 230-feet in length, located 825-feet south of Lake
Hazel Road, to the west property line.
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7.1.15 Provide a paved temporary turnaround with an easement and if the temporary easement extends
onto a buildable lot, the entire lot shall be encumbered by the easement and identified on the plat
as a non-buildable lot until the street is extended.
7.1.16 Provide signage at the terminus of the stub street stating that, "THIS ROAD WILL BE
EXTENDED IN THE FUTURE.”
7.1.17 Other than the access specifically approved with this application, direct lot access is prohibited to
Lake Hazel Road and Eagle Road and shall be noted on the final plat.
7.1.18 Payment of impact fees is due prior to issuance of a building permit.
7.1.19 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 full business days
prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic
Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during
any phase of construction.
7.2.8 Utility street cuts in pavement less than five years old are not allowed unless approved in writing
by the District. Contact the District’s Utility Coordinator at 387-6258 (with file numbers) for
details.
7.2.9 All design and construction shall be in accordance with the ACHD Policy Manual, ISPWC
Standards and approved supplements, Construction Services procedures and all applicable ACHD
Standards unless specifically waived herein. An engineer registered in the State of Idaho shall
prepare and certify all improvement plans.
7.2.10 Construction, use and property development shall be in conformance with all applicable
requirements of ACHD prior to District approval for occupancy.
7.2.11 No change in the terms and conditions of this approval shall be valid unless they are in writing
and signed by the applicant or the applicant’s authorized representative and an authorized
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representative of ACHD. The burden shall be upon the applicant to obtain written confirmation of
any change from ACHD.
7.2.12 If the site plan or use should change in the future, ACHD Planning Review will review the site
plan and may require additional improvements to the transportation system at that time. Any
change in the planned use of the property which is the subject of this application, shall require the
applicant to comply with ACHD Policy and Standard Conditions of Approval in place at that time
unless a waiver/variance of the requirements or other legal relief is granted by the ACHD
Commission.
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C. Legal Description & Exhibit Map for Annexation Boundary
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D. Required Findings from Unified Development Code
1. Annexation Findings:
Upon recommendation from the Commission, the Council shall make a full investigation
and shall, at the public hearing, review the application. In order to grant an annexation, the
Council shall make the following findings:
a. The map amendment complies with the applicable provisions of the Comprehensive
Plan;
The Applicant is proposing to annex the subject 60.55 acre property with R-2 and R-8 zoning
districts and develop 59 new single-family residential homes. Council finds that the proposed
map amendment complies with the provisions of the Comprehensive Plan and should be
compatible with adjacent residential uses (see section VII above for more information).
b. The map amendment complies with the regulations outlined for the proposed district,
specifically the purpose statement;
Council finds that the proposed map amendment to the R-2 and R-8 zoning districts is
consistent with the purpose statement for the residential districts as detailed in Section VIII
above.
c. The map amendment shall not be materially detrimental to the public health, safety,
and welfare;
Council finds that the proposed zoning map amendment will not be detrimental to the public
health, safety, or welfare. City utilities will be extended at the expense of the applicant.
Council considers any oral or written testimony that may be provided when determining this
finding.
d. The map amendment shall not result in an adverse impact upon the delivery of services
by any political subdivision providing public services within the City including, but not
limited to, school districts; and,
Council finds that the proposed zoning amendment will not result in any adverse impact upon
the delivery of services by any political subdivision providing services to this site.
e. The annexation is in the best of interest of the City (UDC 11-5B-3.E).
Council finds annexing this property with R-2 and R-8 zoning districts is in the best interest
of the City if the applicant revises the plat per staff’s recommendation and enters into a
development agreement.
2. Preliminary Plat Findings:
In consideration of a preliminary plat, combined preliminary and final plat, or short
plat, the decision-making body shall make the following findings:
a. The plat is in conformance with the Comprehensive Plan;
Council finds that the proposed plat is in substantial compliance with the adopted
Comprehensive Plan in regard to land use, transportation, and circulation. Please see
Comprehensive Plan Policies and Goals, Section VII, of the Staff Report for more
information.
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