Three Corners Ranch ALT, AZ, PP, PS H-2019-0006ADA COUNTY RECORDER Phil McGrane 2019-104973
BOISE IDAHO Pgs=60 VICTORIA BAILEY 10/24/2019 12:25 PM
CITY OF MERIDIAN, IDAHO NO FEE
PARTIES: 1. City of Meridian
2, Sweet Land Development, Inc., Developer
3. David J. and Luane Dean, Owners
HIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this 22'rf I
day of c� & bex' 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
Sweet Land Development, Inc., whose address is 1990 S. Cole Road, Boise, ID 83709, hereinafter
called DEVELOPER, and David J. and Luane Dean, whose address is 1890 E. Dunwoody Court,
Meridian, ID 83646, hereinafter called OWNERS.
1.1 WHEREAS, Owners are the sole owners, in law and/or equity, of certain tract of
land in the County of Ada, State of Idaho, described in Exhibit "A", which is
attached hereto and by this reference incorporated herein as if set forth in full,
herein after referred to as the Property; and
1.2 WHEREAS, Idaho Code § 67-651 IA provides that cities may, by ordinance,
require or permit as a condition of zoning that the Owners and/or Developer make
a written commitment concerning the use or development of the subject Property;
and
1.3 WHEREAS, City has exercised its statutory authority by the enactment of
Section 11-513-3 of the Unified Development Code ("UDC"), which authorizes
development agreements upon the annexation and/or re -zoning of land; and
1.4 WHEREAS, Owners and/or Developer have submitted an application for
annexation and zoning of 31.06 acres of land to the R-4 (Medium Low Density
Residential) zoning district, under the Unified Development Code, which
generally describes how the Property will be developed and what improvements
will be made; and
1.5 WHEREAS, Owners and/or Developer made representations at the public
hearings both before the Meridian Planning & Zoning Commission and before the
Meridian City Council, as to how the Property will be developed and what
improvements will be made; and
1.6 WHEREAS, the record of the proceedings for the annexation and zoning on the
Property held before the Planning & Zoning Commission, and subsequently
before the City Council, includes responses of govermilent, subdivisions providing
DEVELOPMENT AGREEMENT —THREE CoRNERs RANCH (H-2019-0006) PAGE 1 OF 8
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ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement and made it
effective as hereinabove provided.
DEVELOPER:
Sweet Land Development, Inc.
0=501091:,
CITY OF MERIDIAN
By:
Mayor Tammy de Weerd
STATE OF IDAHO
ss:
County of Ada,
a�'�
LuAne Dean
ATTEST:
SEAL-
,4 `
P�
of the 11!<-_
On this da of , 2019, before me, the undersigned, a Notary Publiin and for said State,
personally appeared .Lr _ t G cT n o-r� known or identified tome to be the A,� s k(C1en of
Sweet Land Development, Inc., and the person who signed above and acknowledged to me that he executed the same on
behalf of said Corporation.
jW I WIC' NESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this
cerWrtio €ifs®Po,written.
N NOTARY
�(SfAL) PUBLIC let 114, a
Commission Notary Public for Idaho
31520 _ Residing at:"wi
My Commission - My Commission Expires• —
ExpireMar 1. 2023 O ;
i,��qr 1 p`2``,•
STATE ����JId )
DEVELOPMENT AGREEMENT—THREE CORNERS RANCH (H-2019-0006) PAGE 7 OF 8
ss:
County of Ada, )
On this LWay of (3r-fo,] CC , 2019, before me, the undersigned, a Notary Public in and for said State,
personally appeared David J. Dean known or identified to me to be the person who signed above and acknowledged to me
that he 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.
%% FRIFpF
N NOTARY �iC'�
PUBLIC
Commission #
31520
My Commission
Expires
Mar 1. 22023
ss:
County of Ada,
Notary Public for Idaho �� �
Residing at:-nI Q,t,� �.. _. i "ICtc�
My Commission Expires:& - l —,Z'3
On this _ day of Orjo k, r , 2019, before me, the undersigned, a Notary Public in and for said State,
personally appeared Luane Dean known or identified to me to be the person who signed above and acknowledged to me that
she 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.
(SEAL)
STATE OF IDAHO )
: ss
Notary Public for Idaho
Residing at: -t Y1 CU�[ �U
My Commission Expires: -3 ! .3
County of Ada n ) I -`
On this 22 day of rtjlo�r , 2019, before me, a Notary Public, personally appeared Tammy
de Weerd and Chris Johnson, know or identified to me to be the Mayor and Clerk, respectively, ofthe 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.
CHARLENE WAY
COMMISSION #67390
NOTARY PUBLIC
STATE OF IDAHO
MY COMMISSION EXPIRES 3/28/22
W
NotaryPublic r dah
Residing
Residing at.
Commission expires:S- a r30
DEVELOPMENT AGREEMENT — THREE CORNERS RANCH (H-2019-0006) PAGE 8 OF 8
EXHIBIT A
Three Corners Ranch H-2018-0006
Annexation and Zoning Legal Description and Exhibit Map
Meridian City Council Meeting Agenda October 22, 2019 – Page 328 of 793
EXHIBIT A
Three Corners Ranch H-2018-0006
Meridian City Council Meeting Agenda October 22, 2019 – Page 329 of 793
EXHIBIT A
Three Corners Ranch H-2018-0006
Meridian City Council Meeting Agenda October 22, 2019 – Page 330 of 793
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2019-0006 - 1 -
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND DECISION & ORDER
In the Matter of the Request for Annexation & Zoning of 31.06 acres of land with the R-4 zoning
district and Preliminary Plat consisting of 45 building lots and 9 common lots, by Sweet Land
Development, Inc.
Case No(s). H-2019-0006
For the City Council Hearing Dates of: June 25, and July 16, 2019 (Findings on August 6, 2019)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of July 16, 2019, incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of July 16, 2019, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of July 16, 2019,
incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of July 16, 2019, 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 6, 2019 – Page 240 of 400
EXHIBIT A
Meridian City Council Meeting Agenda October 22, 2019 – Page 331 of 793
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2019-0006 - 2 -
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of July 16, 2019, incorporated by reference. The conditions are concluded to be
reasonable and the applicant shall meet such requirements as a condition of approval of the
application.
C. Decision and Order
Pursuant to the City Council’s authority as provided in Meridian City Code § 11-5A and based upon
the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that:
1. The applicant’s request for annexation and preliminary plat is hereby approved per the
conditions of approval in the Staff Report for the hearing date of July 16, 2019, 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 August 6, 2019 – Page 241 of 400Meridian City Council Meeting Agenda October 22, 2019 – Page 332 of 793
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2019-0006 - 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 16, 2019.
Meridian City Council Meeting Agenda August 6, 2019 – Page 242 of 400Meridian City Council Meeting Agenda October 22, 2019 – Page 333 of 793
By action of the City Council at its regular meeting held on the day of t' t
2019.
COUNCIL PRESIDENT JOE BORTON VOTED
COUNCIL VICE PRESIDENT LUKE CAVENER VOTED
COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED
COUNCIL MEMBER TY PALMER VOTED y(
COUNCIL MEMBER TREG BERNT VOTED
COUNCIL MEMBER GENESIS MILAM VOTED
MAYOR TAMMY de WEERD. VOTED
TIE BREAKER)
Mayor Tammy de Weerd
Attest:
irvof oChrlSO
City Clerk z
B IDI
h
Ci
Ak0
F
Copy served upon Applicant,
Coy ,
it Development Department, Public Works Department and City
Attorney.
6By: Dated: --8 -(m-
Ci erk' dice
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2019-0006 ^fv1rec r-ot-n v -s - 4 - Meridian City Council Meeting Agenda October 22, 2019 – Page 334 of 793
EXHIBIT A
Page 1
HEARING
DATE:
7/16/2019
Continued from June 25, 2019)
TO: Mayor & City Council
FROM: Bill Parsons, Current Planning
Supervisor
208-884-5533
Bruce Freckleton, Development
Services Manager
208-887-2211
SUBJECT: H-2019-0006
Three Corners Ranch
LOCATION: 1890 E. Dunwoody Ct., in the NW ¼ of
Section 29, Township TN., Range 1E.
I. PROJECT DESCRIPTION
Annexation and zoning of 31.06 acres of land with an R-4 zoning district; Preliminary plat consisting
of forty-five (45) single-family residential building lots, and nine (9) common lots; and a private
street application.
STAFF REPORT
COMMUNITY DEVELOPMENT DEPARTMENT
Meridian City Council Meeting Agenda August 6, 2019 – Page 244 of 400Meridian City Council Meeting Agenda October 22, 2019 – Page 335 of 793
Page 2
II. SUMMARY OF REPORT
A. Project Summary
Description Details Page
Acreage 31.06
Future Land Use Designation Low Density Residential (LDR)
Existing Land Use Single-family residence on approximately 2 acres and
approximately 28 undeveloped acres
Proposed Land Use(s) Single-family residential
Current Zoning RUT
Proposed Zoning R-4
Lots (# and type; bldg/common) 52 (45 building/6 common, 1 private street)
Phasing plan (# of phases) 1
Number of Residential Units (type
of units)
45 SFR
Density (gross & net) 1.45 gross du/acre; 2.01 net du/acre
Open Space (acres, total [%] /
buffer / qualified)
3.11 acres (10%)
Amenities 1.26 acre open space/park, basketball court, sitting area,
micropathways
Physical Features (waterways,
hazards, flood plain, hillside)
The Karnes Lateral bisects the site
Neighborhood meeting date; # of
attendees:
October 23, 2018 - 18 attendees;
October 29, 2018 - 44 attendees
NOTE: The applicant has met with residents in the area on
multiple occasions after the above noted dates to discuss
different site layouts and to receive feedback regarding design
iterations.
History (previous approvals) N/A
Meridian City Council Meeting Agenda August 6, 2019 – Page 245 of 400Meridian City Council Meeting Agenda October 22, 2019 – Page 336 of 793
Page 3
B. Community Metrics
Description Details Page
Ada County Highway District
Staff report (yes/no) Yes 39
ACHD Commission Action
yes/no)
Yes – Meeting held on March 27, 2019
Access (Arterial/Collectors/State
Hwy/Local)(Existing and Proposed)
Public access is proposed via N. Sweet Valley Ave.
connecting to N. Shandee Dr. (N. Shandee Dr. will be limited
to right-in, right-out access when E. Chinden Blvd. is
expanded to four lanes; the access will be closed when
Chinden is expanded to six lanes)
Traffic Level of Service
Stub Street/Interconnectivity/Cross
Access
Five (5) stub streets from existing residential subdivision are
currently constructed;
One (1) public street is proposed (N. Guiness St.) via
one (1) of the existing stubs – N. Sweet Valley to the
northwest, to connect to N. Shandee Dr.
One (1) private street is proposed (W. Barclay Ln.) via
one (1) of the existing stubs and utilizing the existing
frontage to the Dunwoody Subdivision – E. Dunwoody
Ct. to the west and W. Barclay St. to the east
Two (2) existing stub streets are proposed to terminate
N. Dvorak Ave. to the south and W. Barclay St. to the
east.
Existing Road Network
Proposed Road Improvements Construction of public road to connect N. Sweet Valley Dr.
with N. Shandee Dr.
Construction of a private road to provide access to all
proposed homes from W. Barclay St. and E. Dunwoody Ct.
Distance to nearest City Park (+
size)
1.30 miles to Champion Park (~6 acres, Meridian Park)
0.50 miles to Charles McDevitt Park (~39 acres, Boise
Park)
Fire Service 32
Distance to Fire Station +/- 1.25 miles from Fire Station No. 3
Fire Response Time 5 minutes (under ideal conditions)
Resource Reliability 80% (does not meet target goal of 85% or greater)
Risk Identification 1=residential
Accessibility Project meets all required road widths and turnarounds.
There shall be no parking allowed on either side of the
proposed 26’ streets. All streets shall be signed “No Parking
Fire Lane” per International Fire Code Sections 503.3 and
D103.6. Curbing for any private street shall be painted red
with “No Parking Fire Lane” stenciled in white paint.
Electric gates shall have a Knox key operated switch in
addition to opticom sensors.
Special/resource needs Project will not require an aerial device.
Water Supply 1000 gal./minute for 2 hours required
Other Resources
Police Service 36
Distance to Police Station 5 miles
Meridian City Council Meeting Agenda August 6, 2019 – Page 246 of 400Meridian City Council Meeting Agenda October 22, 2019 – Page 337 of 793
Page 4
Description Details Page
Police Response Time 6 minutes (2 minutes higher than average response time in
Meridian)
Calls for Service Between 1/1/2018-12/31/2018 PD responded to 111 calls for
service within a mile of the proposed development.
of calls for service split
by priority
See PD comments in Section VIII. D
Accessibility Emergency access will need to be provided using either a Key
Pad Code, Opticom Sensor and/or Knox Box
Specialty/resource needs None
Crimes 368
Crashes 20
Other Reports All qualified open space provided in the development to
include all amenities must be in an open area in order to allow
for natural surveillance opportunities of public areas.
Pathways and landscaping should not create hiding spots or
blind spots to promote criminal opportunities.
West Ada School District 38
Distance (elem, ms, hs) River Valley Elementary: +/- 2 miles
Heritage Middle School: +/- 1.25 miles
Rocky Mountain High School: +/- 2 miles
Capacity of Schools River Valley Elementary: 650
Heritage Middle School: 1,000
Rocky Mountain High School: 1,800
of Students Enrolled River Valley Elementary: 495
Heritage Middle School: 1,254
Rocky Mountain High School: 2,448
Other notes Current over enrollment at the schools this development
would impact.
Wastewater 29
Distance to Sewer Services +/- 93 Ft.
Sewer Shed North Slough
Estimated Project Sewer
ERU’s
45
WRRF Declining Balance 13.56 MGD
Project Consistent with
WW Master Plan/Facility
Plan
Yes
Impacts/Concerns Fill will be required to maintain minimum cover on lines B, C
and D. Finish grade has not been shown.
Water 29
Distance to Water Services 0 Ft.
Pressure Zone 3
Estimated Project Water
ERU’s
See Application Info.
Water Quality Concerns None
Project Consistent with
Water Master Plan
Yes
Impacts/Concerns This development shall not connect across the pressure zone
boundary to the north as proposed. Instead, the development
will need to build a proportionate length of a future second
connection to N. Locust Grove Road.
Grocery Store +/- 0.80 miles to Albertsons on Eagle Rd.
Others)…. +/- 0.60 miles to Target on Eagle Rd.
Meridian City Council Meeting Agenda August 6, 2019 – Page 247 of 400Meridian City Council Meeting Agenda October 22, 2019 – Page 338 of 793
Page 5
C. Project Area Maps
III. APPLICANT INFORMATION
A. Applicant:
Sweet Land Development, Inc.
1990 S. Cole Road
Boise, ID 83709
Future Land Use Map Aerial Map
Zoning Map Planned Development Map
Meridian City Council Meeting Agenda August 6, 2019 – Page 248 of 400Meridian City Council Meeting Agenda October 22, 2019 – Page 339 of 793
Page 6
B. Owner:
David J. and Luane Dean
1890 E. Dunwoody Court
Meridian, ID 83646
C. Representative:
Marcel Lopez, Conger Management Group
4824 W. Fairview Ave.
Boise, ID 83706
IV. NOTICING
Planning & Zoning
Posting Date
City Council
Posting Date
Newspaper Notification 4/26/2019 5/31/2019
Radius notification mailed to
properties within 300 feet 4/23/2019 5/30/2019
Radius notification published on 5/5/2019 6/14/2019
Nextdoor posting 4/23/2019 5/30/2019
V. STAFF ANALYSIS
The proposed annexation area is contiguous to City annexed property to the northwest and south,
is within the Area of City Impact Boundary, abuts Boise City limits to the east, and Ada County
to the west. A legal description for the annexation area is included in Section VII.A.
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 Section VIII.
The subject site is a 31-acre infill property located amongst several existing Meridian, Boise and
Ada County subdivisions (see Exhibit VII.F). The site has five (5) abutting stub streets that were
installed with the development of previous subdivisions with the intention of future extension; the
site also has 50-feet of frontage along E. Dunwoody Ct. to the west. With so many potential stub
streets, connectivity and points of access have been greatly discussed by residents, City Staff,
ACHD and the applicant.
The ACHD Commission heard the Three Corners Ranch Project at their March 27, 2019
Commission hearing and has approved the plan presented with the subject application (see
Section VIII.G).
Although the subject application’s layout has been approved by ACHD, City Code and the
Comprehensive Plan contradict aspects of the present layout. Staff has provided a list of
recommended changes below, further analysis is available throughout this report.
In accord with the Comprehensive Plan and several UDC policies, City Staff is recommending
the following changes to the Three Corners Ranch Subdivision plat dated 4/16/2019:
Provide additional connectivity by extending the proposed public road (W. Guiness St.) to
the east to connect with N. Stafford Pl.
Meridian City Council Meeting Agenda August 6, 2019 – Page 249 of 400Meridian City Council Meeting Agenda October 22, 2019 – Page 340 of 793
Page 7
Extend a north/south private street that aligns with the N. Shandee Drive intersection to
increase connectivity for the subject development and to break-up the block face.
Provide five-foot sidewalk along both sides of N. Guiness St.
Provide a ten-foot common lot with landscaping to buffer lots adjacent to N. Guiness St. to
mitigate “through lots” ( lots double-fronting roads).
A. Future Land Use Map Designation (https://www.meridiancity.org/compplan)
Low Density Residential (LDR) – LDR designated areas allow for the development of single-
family homes on large lots where urban services are provided. Uses may include single-family
homes at gross densities of three (3) dwelling units or less per acre. The applicant is proposing 45
building lots and nine (9) common lots within the 31-acre site. The proposed gross density is 1.45
du/acre while the net density is 2.01 du/acre, which within the target density for LDR. Staff is of
the opinion the requested annexation with the R-4 zoning district and proposed development is
generally consistent with the LDR FLUM designation for this site and is appropriate for this site.
B. Comprehensive Plan Policies (https://www.meridiancity.org/compplan):
Staff finds the following Comprehensive Plan policies to be applicable to this application and
apply to the proposed use of this property (staff analysis in italics):
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)
Services to this area are available and can be reasonably provided since the MFD and MPD
are already servicing the area.
Work with transportation agencies and private property owners to preserve transportation
corridors, future transit routes and infrastructure, road and highway extensions, and to facilitate
access management planning.” (3.01.01J)
This site is located approximately ¼ mile south of E. Chinden Blvd. (US 20/26), a heavily used
state highway system. In an effortto decrease thenumber of single-family residences using this
and other arterial roadways close to the development (N. Locust Grove Rd. and N. Eagle Rd.)
the City and transportation authorities (ITD and ACHD) should work with the applicant to
preserve necessary transportation corridors by providing connectivity via local roadways.
Staff’s recommendation to continue the public roadway through N. Stafford Pl. will further this
goal by increasing interconnectivity and minimizing a direct cut-through route.
Require pedestrian access connectors in all new development to link subdivisions together to
promote neighborhood connectivity as part of a community pathway system.” (3.03.03B)
The proposed development includes pedestrian connectivity through four (4) internal
micropathways and attached sidewalk along one (1) side of the proposed public road. Staff is
recommending the applicant extend W. Guiness St. east to connect with N. Stafford Pl. which
will eliminate the currently proposed micropathway along the north boundary of the
development. However, public streets are required to provide sidewalk along both sides; as
such, the extension of the public road would increase both pedestrian and vehicular
connectivity.
Review new development for appropriate opportunities to connect local roads and collectors
to adjacent properties (stub streets).” (3.03.02O)
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This development is an ideal candidate to utilize existing stubbed roadways to provide
connections that are currently lacking in the area. The applicant is currently proposing to
extend the existing stub at N. Sweet Valley Ave. to the east to connect with N. Shandee Dr. (W.
Guiness St.). Staff is recommending the applicant extend W. Guiness St. to connect with N.
Stafford Dr. to provide a westerly connection for the Bristol Heights neighborhood without
requiring residents to access N. Eagle Rd. and/or E. Chinden Blvd. Although staff would prefer
to see all five (5) stub streets extended, believes the connectivity added by extending the public
road to N. Stafford Dr. will meet the intent of the UDC and Comprehensive Plan. With the
extension of Guiness Street to the east, the proposed block face would exceed the 1,200 linear
feet and would not be eligible for City Council waiver. Therefore, staff recommends the
applicant extend a north/south private street that aligns with the N. Shandee Drive intersection
to break up the block face in accord with UDC standards and to provide additional
accessibility to the future residents of Three Corners Ranch.
Require street connections between subdivisions at regular intervals to enhance connectivity
and better traffic flow.” (3.03.03C)
This site has the opportunity to connect various existing subdivisions located in the City of
Meridian, Ada County and the City of Boise to the north, south, and east to enhance
neighborhood connectivity and increase traffic flow by alleviating the need to access via
arterial roads (N. Locust Grove Rd., E. Chinden Blvd., and N. Eagle Rd.). The proposed public
road (W. Guiness St.) will only provide connection to N. Shandee Dr.; if W. Guiness St. was
extended to the east to connect to N. Stafford Dr., residents within the area would be able to
travel east and/or west without accessing E. Chinden Blvd. or N. Eagle Rd. This connection is
especially important since two (2) existing stub streets to the east (W. Barclay St.) and south
N. Dvorak Ave.) are not proposed to extend. Further, if the roadway is not extended,
connecting N. Shandee Dr. with N. Sweet Valley Ave. would create a long dead-end street
between the Fuller Ranchettes and Three Corners Subdivisions when constructed at full build-
out. UDC 11-3F-4A-5 prohibits private streets ending in cul-de-sacs to be longer than 450-
feet. Extension of W. Guiness to the east would create an additional access point, eliminating
the potential for a long dead end cul-de-sac on Shandee.
Encourage infill development.” (3.04.02B)
This site is located amongst several existing and established residential subdivisions located
in Meridian City, Ada County and Boise City. The applicant developed Three Corners
Subdivision to the northwest of the subject site in 2007 and plans to continue a similar type of
development into the subject site.
Consistent with the Transportation and Land Use Integration Plan, require all new residential
neighborhoods to provide sidewalks, curb and gutters, and complete streets.” (3.07.02B)
The applicant has proposed a public roadway through part of the north portion of the site and
has proposed to construct five-foot attached sidewalk on the north side. Staff is recommending
the applicant provide five-foot sidewalk along the south side of the public road to increase
consistency with this action item and the requirements of the UDC. To mitigate the occurrence
of through lots adjacent to W. Guiness St., staff recommends a 10 -foot landscape buffer in a
common lot be required at the north boundary of Lots 8-15 and Lot 19, Block 1.
Require pedestrian access in all new development to link subdivisions together and promote
neighborhood connectivity.” (3.07.02C)
Pedestrian access is proposed via micropathways located throughout the central part of the
site, connecting to the proposed park amenity. Sidewalk located along the proposed public
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road will allow residents within this and other subdivisions the option to walk to services or
open space, such as the Charles McDevitt Park located approximately ½ mile to the south of
the development. There is currently a micropathway proposed along the northern part of the
site adjacent to existing subdivisions (Fuller Ranchettes Sub. and Bristol Heights); staff is
recommending this pathway be replaced with a public road to further connect the
aforementioned neighborhoods and residents. Staff is recommending five-foot sidewalk be
provided along both sides of the public street, in accord with UDC standards, which will
provide pedestrian connectivity where the current pathway is proposed.
Provide housing options close to employment and shopping centers.” (3.07.02D)
Since this area is an infill piece, it is located in close proximity to many existing services,
shopping centers and employment options.
Require common area in all subdivisions.” (3.07.02F)
The proposed development includes a centrally located 1.26 acre open space/park, basketball
court, sitting area, and micropathways. Common areas are accessible via several pathway
connections throughout the subdivision.
Provide for a wide diversity of housing types (single-family and multi-family arrangements)
and choices between ownership and rental dwelling units for all income groups in a variety of
locations suitable for residential development.” (3.07.03B)
With a gross density of 1.45 du/acre and an average lot size of ½ acre, the proposed
development is providing large, estate lots not abundant in Meridian. The proposed
development provides a choice not widely available but highly sought after for residents.
C. Existing Structures/Site Improvements:
There is one (1) existing home on this site that is not going to be removed and is located on
proposed Lot 19, Block 1. The structure proposed to remain meets the required setbacks of the R-
4 zoning district; any additions to the lot will be subject to R-4 zoning district dimensional
standards.
Any remaining structures aside from the home on Lot 19, Block 1 shall be removed prior to
signature on the final plat by the City Engineer.
D. Proposed Use Analysis:
The applicant proposes to construct 44 single-family detached dwellings with one (1) existing
home to remain at the northwest portion of the site, with seven (7) common lots, one (1) of which
is a private street. Single-family detached dwellings are listed as a principally permitted use in the
R-4 zoning district per UDC Table 11-2A-2. The private street is proposed to serve all homes
within the development and is gated more than 50-feet back from the two (2) proposed access
points (E. Dunwoody Ct. and W. Barclay St.), in accord with UDC 11-3F-4A-4f.
E. Dimensional Standards (UDC 11-2):
This development is subject to the R-4 zoning district dimensional standards in UDC Table 11-
2A-5 (see below). Buildable lots range in size from approximately 11,000 square feet to
approximately 96,000 square feet, with an average lot size of 23,500 square feet, exceeding the
UDC minimum dimensional standard of 8,000 square feet per dwelling unit.
Lots 13-15, Block 1 have frontage on two (2) streets (W. Guiness St. and E. Commander Ln.);
UDC 11-6C-3A.1 prohibits through lots. These lots shall be limited to one (1) street access via E.
Commander Ln. Additionally, to alleviate the issue, a ten-foot common lot should be added to
buffer the residences from traffic. If W. Guiness St. is extended to the east as staff is
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recommending, the resulting block length will exceed that allowed by the UDC. To mitigate this,
staff recommends the applicant construct a private street extending from E. Commander Ln. to
W. Guiness St.; this road will also provide future residents within Three Corners Ranch an access
to the north.
F. Access (UDC 11-3A-3, 11-3H-4):
This site has frontage to an existing Ada County subdivision via E. Dunwoody Ct. and has stub
streets positioned at five (5) locations adjacent to the subject site: three (3) to the north via N.
Sweet Valley Ave., N. Shandee Dr. and N. Stafford Pl.; one (1) to the east via W. Barclay St.; and
one (1) to the south via N. Dvorak Ave.
The applicant is proposing to extend one (1) of those stubs (N. Sweet Valley Rd.) with a public
street (W. Guiness St.) connecting to N. Shandee Dr. The Fuller Ranchettes Subdivision (an Ada
County subdivision) is currently served by N. Shandee Dr. which presently has full access to E.
Chinden Blvd. However, N. Shandee Dr. will be restricted to a right-in/right-out access when
Chinden is expanded to five (5) lanes in 2020, and will be closed when Chinden is eventually
expanded to six (6) lanes. The extension of N. Sweet Valley Ave. to N. Shandee Dr. will benefit the
Fuller Ranchettes Sub. in the short term, but staff has concerns that this road will become a dead
end loop with Three Corners and the Fuller Ranchettes Subdivision upon closure of E. Chinden
Blvd.; in violation of UDC 11-6C-3B.4.
The applicant has proposed a private street (W. Barclay Lane) with gates to the east and west
bisecting the subdivision and connecting with E. Dunwoody Ct. and W. Barclay Ln. This gated
private street will limit the amount of cross-traffic and connectivity through the center of the
subdivision and increases the need for a connected public street on the north boundary of the site.
To increase connectivity of the proposed development with existing subdivisions to the north,
staff is recommending the applicant construct a private street in lieu of a proposed
micropathway, extending north from E. Commander Ln. to W. Guiness St. to align with N.
Shandee Dr. This private street will provide an additional connection for future residents
within the Three Corners Ranch subdivision and will also provide a break in block length if
staff’s recommendation to extend W. Guiness St. to the east is required.
G. Subdivision Standards (UDC 11-6C-3)
Lots 13-15, Block 1 have frontage on two (2) streets (W. Guiness St. and E. Commander Ln.);
UDC 11-6C-3A.1 prohibits through lots. With the recommended extension of W. Guiness St.
additional through lots (Lots 8-12, Block 1) shall comply with these standards, the applicant is
required to construct five-foot sidewalk and install a ten-foot wide common lot on both sides of
W. Guiness St. in accord with UDC 11-3B-7C.
H. Private Streets (UDC 11-3F-4)
Private streets are required to be constructed on a perpetual ingress/egress easement or a single-
platted lot that provides access to all properties served by such private street; preferably a lot
when the property is being subdivided as is the case with this application. The proposed private
street has been included as a common lot (Lot 1, Block 1) to be maintained by the Three Corners
Ranch Subdivision HOA in accord with UDC standards. A draft private road maintenance
agreement has been submitted with the subject application.
All drive aisles are required to be posted as fire lanes with no parking allowed. In addition,
if a curb exists next to the drive aisle, it shall be painted red.
The proposed private streets are 26 feet in width as shown on the private road section shown on
the preliminary plat site plan in Section VII.B.
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The applicant is proposing to install two (2) gates to restrict vehicular movement to the private
street to those who live within that area of the development. Proposed gates are subject to the
design standards in UDC 11-3F-4A. The gates are proposed to be located approximately 50-feet
back from the west entrance and approximately 80-feet back from the east entrance along W.
Barclay Ln.; the submitted plan meets the design standards as listed in UDC 11-3F-4A. Staff
recommends the applicant construct an additional private street from E. Commander Ln.
extending north/south to connect with W. Guiness St. The entrance to that private street will be
required to be gated, in accord with the standards in UDC 11-3F-4. Access to the gates for
emergency vehicles shall be coordinated with the Meridian Fire and Police Departments.
Compliance with all other Private Streets standards listed in UDC 11-3F-4 is required.
As mentioned in Section F above, the current layout connecting N. Shandee Dr. with N. Sweet
Valley Ave. would result in a block length exceeding that allowed by the UDC when N.
Shandee Dr. is no longer able to access E. Chinden Blvd. Staff’s recommendation to extend W.
Guiness St. to N. Stafford Pl. will eliminate that conflict.
I. Parking (UDC 11-3C):
Parking for single-family dwellings is required based on the number of bedrooms per unit. For 2-,
3- or 4-bedroom single-family units, a minimum of 4 spaces are required per unit with at least 2
of those in an enclosed garage, the other spaces may be enclosed or in a minimum 10’ x 20’
parking pad.
All roadways within the development are shown as 26- or 27-feet of driveable surface. Per the
Meridian Fire Department, there shall be no parking permitted on either side of the proposed
streets. All streets shall be signed “No Parking Fire Lane” per International Fire Code.
J. Pathways (UDC 11-3A-8):
Pedestrian micropathways are proposed throughout the development (Lots 11, 25, and the
northern part of 45, Block 1) for internal connectivity and connectivity with adjacent
developments in accord with UDC 11-3A-8 and the Comprehensive Plan (action item #3.03.03B
referenced above). 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 within Lots 11 and
25, Block 1 is proposed in accord with these standards. The proposed pathway within the
northern part of Lot 45, Block 1 appears to be substantially in compliance with these
requirements; however the applicant should verify that 5-feet of landscaping is provided along
the western side of the micropathway.
K. Sidewalks (UDC 11-3A-17):
Sidewalks are required to be provided with development in accord with the standards listed in
UDC 11-3A-17. A 5-foot wide detached sidewalk is proposed to be constructed along one (1)
side of W. Guiness St., the local public street proposed to connect from N. Shandee Drive to N.
Sweet Valley Ave. The applicant shall provide sidewalk on both sides of the proposed public
street in accord with UDC 11-3A-17D. A revised plat and landscape plan reflecting this
requirement shall be submitted to the Planning Division ten (10) days prior to the City Council
hearing. Staff is recommending the applicant extend the proposed public road to the east to
connect with N. Stafford Pl., if that extension is required, 5-foot sidewalk shall be required.
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L. Parkways (UDC 11-3A-17):
Parkways are required to be constructed and landscaped per the standards listed in UDC 11 -3A-
17E. Eight-foot wide parkways are proposed along one side of the proposed private street
bisecting the development (W. Barclay Ln.) within the development and are landscaped in accord
with UDC standards.
M. Landscaping (UDC 11-3B):
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. The proposed landscape plan is in compliance with these
standards.
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. The
proposed landscape plan reflects these requirements.
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. The landscape plan indicates all existing trees are volunteer
species and do not require mitigation, the applicant shall coordinate with Elroy Huff, City
Arborist to confirm.
N. Qualified Open Space (UDC 11-3G):
A minimum of 10% (3.1 acres) qualified open space is required; a total of 3.11 acres (or 10%) is
proposed consisting of a 1.26-acre neighborhood park, micropathways, and pocket parks.
O. Qualified Site Amenities (UDC 11-3G):
A minimum of one (1) qualified site amenity is required; the applicant has proposed several
amenities from each of the three categories (i.e. quality of life, recreation, and pedestrian or
bicycle circulation system) as follows: additional 20,000 open space (i.e. 1.26 acre park), a sports
court (i.e. basketball), and internal pathways and micro-paths (See Exhibit C in Section VII.)
P. Waterways (UDC 11-3A-6):
The Karnes Lateral crosses this site and is proposed to be piped. The applicant shall coordinate
with the Settlers Irrigation District and the Karnes Lateral regarding requirements (see Section
VIII.I below).
Per UDC 11-3A-6, any irrigation easement greater than 10-feet in width must be placed in a
minimum 20-foot wide common lot unless otherwise approved by City Council. The plat
indicates an easement adjacent to Lot 20, Block 1 and crossing through Lots 31, 32, 33, 36 and
41, Block 1. The applicant shall clarify the width of the irrigation easement during the
Commission hearing May 16th and shall depict the easement on the preliminary plat prior to the
Council hearing.
Q. Fencing (UDC 11-3A-6, 11-3A-7):
Five-foot tall black wrought iron fencing and four-foot tall solid vinyl privacy fence is proposed
along the rear of building lots and adjacent to common areas that are visible from the street in
accord with UDC standards. The landscape plan uses the same symbol to indicate both fencing
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styles, the applicant shall denote the different styles proposed for common areas and building lots
with the revised landscape plan prior to the City Council hearing.
R. Pressurized Irrigation System (UDC 11-3A-15):
An underground pressurized irrigation system is required to be provided for each lot within the
development.
S. 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.
T. Utilities (UDC 11-3A-21):
Connection to City water and sewer services is required. In addition, street lighting is required to
be installed in accord with the City’s adopted standards, specifications and ordinances.
See Section VIII.B below for Public Works comments/conditions.
U. Building Elevations (UDC 11-3A-19 | Architectural Standards Manual):
Conceptual building elevations were submitted for the future custom homes within this
development. Building materials consist of stucco, hardy plank and board-and-batten siding with
some stone accents (see Exhibit E in Section VII.). Homes will be single-story and two-story in
height, and will range in size from a minimum of 1,400 square feet and above depending on
resident needs and preferences.
V. Public Testimony
Several residents in the vicinity have been expressing thoughts and concerns related to the
proposed project from the time of application submittal in January 2019 via in-person and phone
conversations and written testimony submitted to the public record. Written testimony was
received from residents within the Dunwoody, Three Corners, and Bristol Heights Subdivisions.
In an effort to communicate their concerns, staff has grouped and summarized written testimony
received below:
Dunwoody Subdivision to the west – Concerns related to the nature and condition of the
existing County roadway (E. Dunwoody Ct.) and potential negative impacts related to
increased traffic, safety of pedestrians and children. A couple of residents did express their
desire for connectivity, specifically through the existing Three Corners Subdivision to the
northwest of the proposed development.
Bristol Heights Subdivision to the east – Concerns regarding an entrance via W. Barclay St.
specifically in relation to construction related traffic and as the primary entrance to the
subdivision. Concerns regarding increase in traffic, many residents noted that the Bristol
Heights Subdivision is already used as a “cut-through” for vehicles traveling eastbound on
Chinden. One resident did feel that there should be an opportunity for eastbound traffic via
Barclay St., however did not feel the primary entrance should be through Barclay. Another
family expressed their desire for the primary entrance to be through E. Dunwoody Ct., for a
simpler traffic pattern with existing stub streets, and concern regarding the “closed island
blockade” nature of the proposed development.
Three Corners Subdivision to the north – Concerns regarding creating a full-access road
between the existing Three Corners Subdivision and the Ambrose School, specifically related
to added congestion and traffic, and potential impact on the safety of students, faculty and
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pedestrians in the area. Concern regarding “pass-through” traffic from adjacent
neighborhoods created by locating an entrance at N. Sweet Valley Dr.
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 (1.45 units/acre) of the subdivision is consistent with that desired in LDR
designated areas. Common open space and site amenities are centrally located within the
development and meet the minimum required standards. Pathways provide pedestrian
connections to the internal central common area through the development and to adjacent
properties.
Although the Comprehensive Plan and the UDC support extension of the five (5) stub streets,
staff recommendations for additional connectivity, as noted above, meets the intent of the UDC
and Comprehensive Plan policies.
For these reasons, staff recommends approval of the proposed AZ, PP, and PS applications with
the requirement of a Development Agreement per the provisions in Section VIII.
B. Commission:
The Meridian Planning & Zoning Commission heard these items on May 16, 2019. 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: Hethe Clark, applicant’s representative; Brett Aescbacher; Renee
Jessome; Steve Ryser; Kevin Krafft
b. In opposition: Matt Howard; Ted Dawson; Tori Lewis; Deb Lewis; Tracy Younger;
Greg Bengtzen; Cindy Breckel; Lisa Kukuk; Elizabeth Miller; Troy Bergastrand;
Gary Collenboene; Marilyn Bell; Donna Wheeler; Brandon Wilding; Doug Clark;
Geoff Johnson; TJ Bliss;
c. Neutral: Anthony Adinolfi; Tricia Trofast; John Trofast; Wilson Miller; Trina
Buckalew; Matthew Hands; Richard Jackson; Doug Racine; David Arnett; Shelly
Arnett; William Albert; Patrick Pfeifer; Carlos Bittencourt; Sherry;
d. Commenting: Kendra Neely, representing Three Corners Subdivision; Debra
Jurgens; Mona Tippets, representing Dunwoody Subdivision; Ben Kneadler,
representing Fuller Ranchettes; Joe LaGue, representing Bristol Heights; Tyler
Lewis; Kelly Barbour; Jeff Lowe; Mark Miller; Jon Ostlund; Martha Bergstrand;
John French; Brian Granvall; Lori Lewis; Jeanette Johnson; Darin Jurgensmeier;
Andrew Davis; John Stigile; Ilse Herrera; Linsy Heiner;
e. Written testimony: 46 written records of public testimony (see summary in Section
V above);
f. Staff presenting application: Stephanie Leonard;
g. Other Staff commenting on application: Bill Parsons;
2. Key issue(s) of public testimony:
a. Support of ACHD Commission recommendation, opposition to staff’s
recommended changes due to concerns related to safety and congestion resulting
from increased traffic and potential for cut-through traffic through all adjacent
subdivisions;
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b. Concern regarding access via Dunwoody Ct. specifically related to increase in
traffic on rural/unimproved roadway, lack of street lights and sidewalks, safety of
children and residents, high concentration of vehicular trips due to two points of
access, gate access and turnaround options, possibility for third access point,
impact on irrigation and open space lots to east of three (3) Dunwoody residents;
c. Concern regarding increase in traffic through Three Corners Subdivision and the
Ambrose School campus;
d. Extension of existing stub streets, importance of connectivity through area for long
term;
e. Close nature of ACHD Commission’s decision regarding proposed plat;
3. Key issue(s) of discussion by Commission:
a. Proposed pedestrian connection extending east from end of W. Guiness St. along
northeast part of site;
b. Location of turnaround for gated entrance via E. Dunwoody Ct.;
c. Extension of proposed public road (W. Guiness St. to connect with N. Stafford Pl.)
to the east, in lieu of proposed pedestrian connection;
d. Extension of a north/south private street from E. Commander Ln. to W. Guiness St.
to align with N. Shandee Dr.;
e. Block length of N. Shandee Dr. and W. Guiness St. (if required to be extended to
the east to connect with N. Stafford Pl.;
f. Low level of density proposed compared to potential density with another
development;
g. Concern regarding adequacy of E. Dunwoody Ct. to accommodate traffic from
proposed development due to lack of lighting, sidewalks, signage, traffic calming,
etc.;
h. ACHD Commission decision and number of votes in favor/against;
i. Concern regarding Sweet Valley Rd. connection to N. Shandee Dr. specifically in
relation to possible cut-through traffic to Chinden Blvd., need for emergency
access, timeframe of closure to Chinden;
j. Request for further discussion about amenities and qualified open space provided
with development;
k. Provision of a third access point to alleviate the amount of traffic on E. Dunwoody
Ct.;
4. Commission change(s) to Staff recommendation:
a. Strike conditions #A.3c and #A.4c to remove the requirement to extend W. Guiness
St. to the east to connect with N. Stafford Pl.;
b. Modify condition #A.3d to include a provision that the gated private street will be
engaged upon closure of the Shandee access to Chinden Blvd.;
c. Add condition to require the gate on the west boundary to be moved closer to
proposed development to accommodate a turn-around;
5. Outstanding issue(s) for City Council:
a. Applicant was required to provide revisions to the proposed plat depicting the
north/south private street, 5-foot sidewalks along the proposed public street, the
Karnes Lateral, and a 10-foot wide landscape buffer north of Lots 13-15 and Lot
19, Block 1;
b. Applicant met with Dunwoody residents about potential lighting and traffic
calming measures as required by the Commission;
c. Applicant met with Mark Miller (resident in Dunwoody) regarding irrigation
system as required by the Commission;
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d. Applicant met with Staff to discuss potential amenity options as required by the
Commission;
e. Council needs to grant a waiver if the applicant proposes to locate the Karnes
irrigation easement on buildable lots;
C. City Council:
The Meridian City Council heard these items on June 25, and July 16, 2019. At the public hearing, the
Council voted to approve the subject AZ and PP requests.
1. Summary of the City Council public hearing:
a. In favor: Joe LaGue; Brett Aeschbacher; Kendra Neely; Marilyn Bell; Renee Jessome;
Georia Petty; David and ShellyArnett; Lisa Kukuk and Brian Granvall
b. In opposition: Jeff Wilding; Ben and Mona Tippetts; Sandra and Dick Anderson; Troy and
Patricia Bergstrand; Linsy Heiner; Troy Bergstrand; Lori Lewis; Darin Jurgensmeier; Mark
and Elizabeth Miller
c. Commenting: Tyler Lewis; Monte Moore; Adam Lozano; Candice McHugh; Cindy Breckel;
Justin Lucas; Dick Jackson; Jeanette Johnson; Remington Seely; Tori Lewis; Ron Santos;
Mauri Lewis and Steve Swick
d. Written testimony: 61 records total (45 received prior to Planning and Zoning Commission
meeting; 25 received prior to City Council hearings)
e. Staff presenting application: Stephanie Leonard and Bill Parsons;
f. Other Staff commenting on application: Bill Parsons, Deputy Chief Bongiorno, Lieutenant
Colaianni and Lieutenant Stokes
2. Key issue(s) of public testimony:
a. Concern regarding adequacy of E. Dunwoody Ct. to accommodate traffic from proposed
development due to lack of lighting, sidewalks, signage, congestion, etc.;
b. Opposition to extension of W. Guiness St. to the east;
c. Belief that additional accesses should be provided via existing stub streets outside of E.
Dunwoody Ct.;
d. Concern that the extension of a north-south road from E. Commander Ln. to W. Guiness St.
could cause N. Shandee Dr. to act as a main entrance if constructed before the access to W.
Chinden Blvd. is closed;
e.
f.
Long-term implications of plan, whether timing is appropriate for property to annex;
City approved developments integrating with County approved developments.
3. Key issue(s) of discussion by City Council:
a. Amount of traffic and safety concerns regarding E. Dunwoody Ct. access, request for
applicant to work with Dunwoody neighbors on off-site safety improvements;
b. Availability of irrigation to existing users with proposed development, request for a revised
plat depicting the location of the Karnes Lateral to verify the location of the lateral to
determine if a waiver was needed to allow it to remain as an easement on the buildable lots
in lieu of a common lot;
c.
d.
e.
Construction standards of Dunwoody Court if it were part of the development.
Distinction between a rural street section and an urban local street section.
Summation of the discussions between the Dunwoody homeowners and the developer.
4. City Council change(s) to Commission recommendation:
a.
b.
Council struck condition of approval 3., which required the extension of the north/south
private street extension.
Council added DA provision c., improvements to E. Dunwoody Court, which requires the
installation of 3 street lights, “No Parking” signage, striping travel lands and 8-foot wide
pedestrian walkway on the south side and removal of site obstructing vegetation in ACHD
right-of-way.
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c. Council granted the waiver to allow the Karnes Lateral to remain in an easement rather than
a common lot on the affected buildable lots.
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VII. EXHIBITS
A. Annexation and Zoning Legal Description and Exhibit Map
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B. Preliminary Plat (date: 7/9/2019)
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C. Landscape Plan (date: 4/17/2019)
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D. Qualified Open Space Exhibit
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E. Staff’s Recommended Changes
Extend W. Guiness St. to the east to
connect with N. Stafford Pl.
Replace pathway connection with
private street extending north to south
from E. Commander Ln.
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F. Surrounding Subdivisions
Bristol Heights
Boise)
Fuller Ranchettes
Ada County)
Three Corners
Meridian)
Vienna Woods
Meridian)
Dunwoody
Ada County)
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G. Conceptual Building Elevations
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VIII. CITY/AGENCY COMMENTS & CONDITIONS
A. PLANNING DIVISION
1. A Development Agreement (DA) is required as a provision of annexation of this property.
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 annexation ordinance adoption, and the
developer.
Currently, a fee of $303.00 shall be paid by the Applicant to the Planning Division
prior to commencement of the DA. The DA shall be signed by the property owner
and returned to the Planning Division within six (6) months of the City Council
granting the annexation. The DA shall, at minimum, incorporate the following
provisions:
a. Future development of this site shall be generally consistent with the preliminary plat,
landscape plan and building elevations included in Section VII and the provisions
contained herein.
b. The existing home proposed to be retained on Lot 19, Block 1 shall hook up to City water
and sewer service within 60 days of it becoming available as set forth in UDC 9-1-4 and
9-4-8. The street address of this home will change as a result of this development.
c. Applicant shall complete the following improvements to E. Dunwoody Court as
follows:
1. Install three (3) street lights;
2. Install “No Parking” signs along both sides of the street;
3. Stripe the travel lanes and an 8-foot wide pedestrian walkway on the south side per
ACHD standards; and
4. Remove vegetation within ACHD right-of-way that obstructs site lines along the
roadway.
2. Site amenities shall be provided within the development per those described in Section VII.C.
3. The preliminary plat included in Section VII.B, shall be revised as follows:
a. Depict the irrigation easement for the Karnes Lateral. If the easement is greater than ten
10) feet in width it shall be placed within a minimum twenty (20) foot wide common lot
unless waived by City Council. City Council granted the waiver to allow the Karnes
Lateral remain as an easement on the buildable lots as depicted on sheet PP2.0.
b. Comply with private street standards per UDC 11-3F-4.
c. Extend W. Guiness St. to the east to connect with N. Stafford Pl.
d. Extend a north/south private street that aligns with the N. Shandee Drive intersection to
increase connectivity for the subject development and to break-up the block face of W.
Guiness St. Install a gate at least 50-feet back from the entrance at W. Guiness St. Phase
installation to coincide with the closure of the current access to W. Chinden Blvd. from
N. Shandee Dr.
e. Provide five-foot wide attached sidewalk on both sides of the proposed public street in
accord with UDC 11-3A-17D.
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f. Provide a ten-foot landscape buffer in a common lot at the north boundary of Lots 8 13-
15 and Lot 19, Block 1.
g. Move the gate on the west boundary closer to the proposed development to accommodate
a turn-around.
Ten (10) days prior to the City Council hearing the applicant shall submit a revised plat
reflecting the proposed changes.
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4. The landscape plan included in Section VII.C shall be revised as follows:
a. Depict a five-foot wide attached sidewalk on both sides of the proposed public street
in accord with UDC 11-3A-17D.
b. Depict a ten-foot landscape buffer in a common lot be at the north boundary of Lots 8
13 -15 and Lot 19, Block 1.
c. Extend W. Guiness Street to the east to connect with N. Stafford Pl.
5. Any remaining structures outside of Lot 19, Block 1 should be removed prior to signature on
the final plat by the City Engineer.
6. Comply with all bulk, use, and development standards of the R-4 zoning district listed in
UDC Table 11-2A-5.
7. Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as
set forth in UDC 11-3A-6.
8. 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.
9. Comply with the sidewalk standards as set forth in UDC 11-3A-17.
10. Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-5J.
11. Construct storm water integration facilities that meet the standards as set forth in UDC 11-
3B-11C.
12. Construct all parkways consistent with the standards as set forth in UDC 11-3A-17E, 11-3G-
3B5 and 11-3B-7C.
13. 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.
14. 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.
15. Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision
triangle.
16. 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.
17. All common open space and site amenities shall be maintained by an owner's association as
set forth in UDC 11-3G-3F1.
18. The project is subject to all current City of Meridian ordinances.
19. 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.
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20. The applicant shall have an ongoing obligation to maintain all pathways.
21. The applicant has a continuing obligation to comply with the outdoor lighting provisions as
set forth in UDC 11-3A-11.
22. 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.
23. 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.
24. 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.
25. The final plat, and any phase thereof, shall substantially comply with the approved
preliminary plat as set forth in UDC 11-6B-3C2.
26. 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.
27. 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
1. Site Specific Conditions of Approval
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 Each phase must be modeled as developed to ensure adequate fire flow.
1.3 Please make the following changes in regard to the water system design:
1. GIS shows existing water to south is 10-inch. Connect to the south with a 12-
inch main.
2. Eliminate water main on Barclay Lane between Brigadoon Lane and Dvorak
Lane.
3. Eliminate water main north of Commander Lane, but provide water main
easement for potential future connection to N. Shandee Drive.
4. Construct 8-inch water main on Barclay Lane from Karen Lane to Dunwoody
Court, and on Dunwoody Court from Barclay Lane 450-feet west on Dunwoody
Court. (This development shall not connect across the pressure zone boundary to
the north as proposed).
2 General Conditions of Approval
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
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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 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 addressed 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.
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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 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.
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C. FIRE DEPARTMENT
http://weblink.meridiancity.org/weblink8/0/doc/161277/Page1.aspx
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D. POLICE DEPARTMENT
http://weblink.meridiancity.org/weblink8/0/doc/161912/Page1.aspx
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E. WEST ADA SCHOOL DISTRICT (WASD)
http://weblink.meridiancity.org/weblink8/0/doc/161616/Page1.aspx
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F. IDAHO TRANSPORTATION DEPARTMENT (ITD)
http://weblink.meridiancity.org/weblink8/0/doc/161948/Page1.aspx
G. ADA COUNTY HIGHWAY DISTRICT (ACHD)
http://weblink.meridiancity.org/weblink8/0/doc/164215/Page1.aspx
H. DEPARTMENT OF ENVIRONMENTAL QUALITY (DEQ)
http://weblink.meridiancity.org/weblink8/0/doc/161579/Page1.aspx
I. SETTLERS IRRIGATION DISTRICT
http://weblink.meridiancity.org/weblink8/0/doc/162274/Page1.aspx
J. NAMPA MERIDIAN IRRIGATION DISTRICT (NMID)
http://weblink.meridiancity.org/weblink8/0/doc/161764/Page1.aspx
K. CENTRAL DISTRICT HEALTH DEPARTMENT (CDHD)
http://weblink.meridiancity.org/weblink8/0/doc/161276/Page1.aspx
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IX. FINDINGS
A. Annexation and/or Rezone (UDC 11-5B-3E)
Required 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 and/or rezone, 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 and develop the subject 31.06 acre property with R-4
zoning consistent with the LDR designation, therefore Council finds the plan consistent with
the provisions of the Comprehensive Plan.
2. The map amendment complies with the regulations outlined for the proposed district,
specifically the purpose statement;
Council finds the proposed map amendment and development complies with the purpose
statement of the residential districts in that it will provide for housing opportunities on larger
lots consistent with the Comprehensive Plan.
3. The map amendment shall not be materially detrimental to the public health, safety, and
welfare;
Council finds the proposed map amendment should not be detrimental to the public health,
safety and welfare as the proposed residential use should be compatible with adjacent
existing and future residential uses in the area.
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
City services are available to be provided to this development. The Meridian Fire and Police
Departments currently serve this area, however, the School District has submitted comments,
included in Section VIII, that currently show student enrollment is above capacity.
5. The annexation (as applicable) is in the best interest of city.
Council finds the proposed annexation is in the best interest of the City if developed with the
conditions in Section VIII of this report.
B. Preliminary Plat (UDC 11-6B-6)
In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the
decision making body shall make the following findings: (Ord. 05-1170, 8-30-2005, eff. 9-15-
2005)
1. The plat is in conformance with the comprehensive plan and is consistent with this unified
development code; (Ord. 08-1372, 7-8-2008, eff. 7-8-2008)
Council finds the proposed plat is in conformance with the comprehensive plan and is
generally in conformance with the UDC if the Applicant complies with the conditions of
approval in Section VIII.
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2. Public services are available or can be made available ad are adequate to accommodate the
proposed development;
Council finds public services can be made available to the subject property and will be
adequate to accommodate the proposed development.
3. The plat is in conformance with scheduled public improvements in accord with the city's
capital improvement program;
Council finds the proposed plat is in conformance with scheduled public improvements in
accord with the City’s CIP.
4. There is public financial capability of supporting services for the proposed development;
Council finds there is public financial capability of supporting services for the proposed
development.
5. The development will not be detrimental to the public health, safety or general welfare; and
Council finds the proposed development will not be detrimental to the public health, safety or
general welfare.
6. The development preserves significant natural, scenic or historic features. (Ord. 05-1170, 8-
30-2005, eff. 9-15-2005)
Council is unaware of any significant natural, scenic or historic features that need to be
preserved with this development.
C. Private Street (UDC 11-3F-5)
In order to approve the private street application, the director shall find the following:
A. The design of the private street meets the requirements of this article;
The design of the streets meets the standards as set forth in UDC 11-3F-4.
B. Granting approval of the private street would not cause damage, hazard, or nuisance, or other
detriment to persons, property, or uses in the vicinity; and
The Director, as authorized by the City Council, finds that the proposed private road network
will not be a detriment to surrounding subdivisions (Fuller, Vienna Woods, Bristol Heights,
Dunwoody and Three Corners).
C. The use and location of the private street shall not conflict with the comprehensive plan
and/or the regional transportation plan. (Ord. 05-1170, 8-30-2005, eff. 9-15-2005)
The proposed private street network does not conflict with the Comprehensive Plan as
determined by the City Council. The private street network was supported by the ACHD
Commission with the inclusion of pedestrian connectivity.
D. The proposed residential development (if applicable) is a mew or gated development. (Ord.
10-1463, 11-3-2010, eff. 11-8-2010)
The proposed development is a gated community in compliance with UDC 11-3F-4.
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