Millbrae Subdivision H-2019-0066ADA COUNTY RECORDER Phil McGrane 2019-121603
BOISE IDAHO Pgs=50 HEATHER LUTHER 12/04/2019 12:50 PM
CITY OF MERIDIAN, IDAHO NO FEE
PARTIES: 1. City of Meridian
2. Corey Barton, Owner
3. Challenger Development, Inc., Developer
THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into
this� day of DeLP—Mbg_k- , 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 Corey Barton, whose address is 1977 E. Overland Rd, Meridian, Idaho
83642, hereinafter called OWNER and Challenger Development, Inc., whose address is 1977 E.
Overland Rd., Meridian, Idaho 83642 hereinafter called DEVELOPER,
1. RECITALS:
1.1 WHEREAS, Owner is the sole owner, in law and/or equity, of certain tract
of land in the County of Ada, State of Idaho, described in Exhibit "A",
which is attached hereto and by this reference incorporated herein as if set
forth in full, herein after referred to as the Property; and
1,2 WHEREAS, Idaho Code § 67-651 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, Owner and/or Developer have submitted an application for the
annexation and zoning of 9.84 acres of land, described in Exhibit "A", to
the R-8 (Medium 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, Owner and/or Developer made representations at the public
hearings both before the Meridian Planning & Zoning commission and
DEVELOPMENT AGREEMENT— MILLBRAE SUBDIVISION (H-2019-0066) PAGE I OF 9
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the subject matter hereof, and there are no promises, agreements, conditions or understanding, either
oral or written, express or implied, between Owners and/or Developer and City, other than as are
stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or
addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and
signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a
duly adopted ordinance or resolution of City.
21.1 No condition governing the uses and/or conditions governing re -zoning of the
subject Property herein provided for can be modified or amended without the
approval of the City Council after the City has conducted public hearing(s) in
accordance with the notice provisions provided for a zoning designation and/or
amendment in force at the time of the proposed amendment.
22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the
date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in
connection with the annexation and zoning of the Property and execution of the Mayor and City
Clerk.
[end of text; signatures, acknowledgements, and Exhibits A and B follow]
ACKNOWLEDGMENTS
INWITNESS EREOF, the parties have herein executed this agreement and
made it effective as here' ove p ovided.
OWNER:
Corey Barton
DEVELOPER:
Challenger Development,
By: Corey D.
Its: President
.1 01tATED At GGs
z
r
m E'IDIAN .
CITY OF MERIDIAN Z;n7n, ��2r SEAL
By:
Mayor Tam y e Weerd C y Clerk
�3y 7'om �
DEVELOPMENT A EMENT-MILLBRAE SUBDIVISION (H-2019-0066 PAGE 7 OF 9
DGear
STATE OF Idaho )
ss:
County of Ada )
On this (o! day of NNE J, 2019, before me, the undersigned, a Notary Public in and for said State,
personally appeared Corey Barton known or identified to me to be the person who signed above and
acknowledged to me that she executed the same.
IN WITNF,,Mt4jjWREOF, I have hereunto set my hand and affixed my official seal the day
and year in this certifiiW;OARi 6 WNen.
MYC 0
MMl •
CkpjRE SS/ply
0pIDP�:O
STATE OF Idaho /��NNUMB�R�'���� \\\
.Nd1111111111N��
County of Ada
Notary Public for Idaho
Residing at: A&A,
My Cormnission Expires: _10 —1)S _ 01�
On this u0b day of iy U V&,6 er, 2019, before me, the undersigned, a Notary Public in and for said State,
personally appeared Corey D. Barton known or identified to me to be the President of Challenger
Development, Inc., and the person who signed above and acknowledged to me that he executed the same on
behalf of said Corporation.
IN WITNESS WI
in this certificate first abo,
STATE OF IDAHO
County of Ada
y hand and affixed my official seal the day and year
Notary Public for Tz{,ako
Residing at: _AA[v Jq, M
My Commissionn Exprres: %f6 Saa.
r� rirrlrie
On this_ day of zr� , 2019, before me, a Notary Public, personally
appeared Tammy de Weerd and-owis-dohnson, known or identified to me to be the Mayor and Glerl
respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument p e
of behalf of said City, and acknowledged to me that such City executed the same. GE�V L
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year
in this certificate first above written.
Notary Public for Idaho r
FVELOPMENUMIRG&DA101COMBRAE
ARLENE WAY Residing at:`4' Y) ajcLar) Z�
MISSION #67390 Commission expires: 3' 2'9 - z o2 Z
NOTARY PUBLIC
SUB VISION (H-2019-0066) PAGE 9 OF 9
SSION EXPIRES 3128/22
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2019-0066 - 1 -
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND DECISION & ORDER
In the Matter of the Request for Annexation & Zoning of 9.84 Acres of Land with an R-8 Zoning
District; and Preliminary Plat Consisting of Forty-one (41) Single-Family Residential Building Lots
and Five (5) Common Lots, by WH Pacific, Inc.
Case No(s). H-2019-0066
For the City Council Hearing Date of: September 3, 2019 and September 24, 2019 (Approval on
September 24, 2019) (Findings on October 8, 2019)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of September 3, 2019, incorporated
by reference)
2. Process Facts (see attached Staff Report for the hearing date of September 3, 2019, incorporated
by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of September 3,
2019, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of September 3, 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 November 19, 2019 – Page 249 of 301
EXHIBIT B
Meridian City Council Meeting Agenda December 3, 2019 – Page 167 of 296
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2019-0066 - 2 -
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of September 3, 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 & Zoning and Preliminary Plat is hereby approved per
the conditions of approval in the Staff Report for the hearing date of September 3, 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 November 19, 2019 – Page 250 of 301Meridian City Council Meeting Agenda December 3, 2019 – Page 168 of 296
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2019-0066 - 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 September 3, 2019
Meridian City Council Meeting Agenda November 19, 2019 – Page 251 of 301Meridian City Council Meeting Agenda December 3, 2019 – Page 169 of 296
By action of the City Council at its regular meeting held on the
2019.
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)
Attest:
City
Copy served upon
Attorney.
Mayor Tammy t/"d
ED AUGvsl,
ow
City of
IDAHO
SEAL
1 day of 1 JCMSVYI W
VOTED
VOTED
VOTED_ A..n
VOTED Q„n
VOTED N o
VOTED
VOTED
Development Department, Public Works Department and City
By: Dated:
City Clerk's Office
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2019-0066 - 4 -
Meridian City Council Meeting Agenda December 3, 2019 – Page 170 of 296
REVISED EXHIBIT A
Page 1
HEARING
DATE:
9/3/2019
TO: Mayor & City Council
FROM: Kevin Holmes, Associate Planner
208-884-5533
Bruce Freckleton, Development
Services Manager
208-887-2211
SUBJECT: H-2019-0066
Millbrae Subdivision
LOCATION: 4888 and 4920 W. Cherry Lane, in the
SE ¼ of the SE ¼ of Section 4, Township
3N., Range 1W.
I. PROJECT DESCRIPTION
Annexation & zoning of 9.84 acres of land with an R-8 zoning district and preliminary plat of 8.79
acres consisting of 41 building lots and 5 common lots.
Note: At the July 18, 2019 Planning and Zoning Commission meeting, the Commission instructed
the applicant to work with the owner of the neighboring property to the west to determine an
appropriate location of the stub street to their property. As a result of those discussions, the stub
street has shifted farther to the south (see Exhibit B). The total number of buildable and common
lots remains the same as the original submittal. Staff has reviewed the change and deemed it in
compliance with Meridian City Code. ACHD has also reviewed the revised plat and approved the
relocation of the stub street via email but has not submitted a revised staff report to the City.
Because the revised plat was submitted after the P/Z hearing, several conditions of approval must
be amended to coincide with the proposed change. Staff’s recommended changes to the conditions
of approval are provide in Section VI. below.
STAFF REPORT
COMMUNITY DEVELOPMENT DEPARTMENT
Meridian City Council Meeting Agenda November 19, 2019 – Page 253 of 301Meridian City Council Meeting Agenda December 3, 2019 – Page 171 of 296
REVISED EXHIBIT A
Page 2
II. SUMMARY OF REPORT
A. Project Summary
B. Community Metrics
Description Details Page
Ada County Highway District 34
Staff report (yes/no) Yes
Requires ACHD
Commission Action
yes/no)
No
Access (Arterial/Collectors/State
Hwy/Local)(Existing and Proposed)
One (1) access proposed via N. Black Cat Rd. (arterial)
Traffic Level of Service
Stub Street/Interconnectivity/Cross
Access
One (1) local street (W. White Birch St.) stubbed to the parcel
to the west (parcel No. S1204449100)
Existing Road Network
Existing Arterial Sidewalks /
Buffers
No existing sidewalk along N. Black Cat Rd. or W. Cherry
Ln. – 10-foot multi-use pathway required along both
Proposed Road Improvements
Distance to nearest City Park (+
size)
Fuller Park: +/- .75 miles
Fire Service 28
Distance to Fire Station ~1.6 miles from Fire Station No. 2
Fire Response Time 3 minutes (under ideal conditions)
Resource Reliability 81% (does not meet target goal of 85% or greater)
Risk Identification 2=residential with hazards. Current resources would not be
adequate to supply service to this proposed project. Risk
factors may include the potential for water rescue as there is a
pond shown on the plat. Meridian Fire Department does not
have a water rescue team and mutual aid from another
Description Details
Acreage 9.84
Future Land Use Designation LDR (3 or less du/acre)
Proposed Future Land Use
Designation
Request for “step up” in density to MDR (medium density residential –
3 to 8 units/acre) without a change to FLUM
Existing Land Use Rural residential/agricultural
Proposed Land Use(s) SFR
Current Zoning RUT
Proposed Zoning R-8
Lots (# and type; bldg/common) 46 (41 bldg./5 common)
Number of Residential Units (type
of units)
41 SFR
Density (gross & net) 4.7 du/acre gross; 7.4 du/acre net
Open Space (acres, total [%] /
buffer / qualified)
1.01 acres, 11.5% qualified open space
Amenities Children’s play structure, picnic shelter, multi-use pathway and seating
areas
Physical Features (waterways,
hazards, flood plain, hillside)
N/A
Neighborhood meeting date; # of
attendees:
May 6, 2019; 7 attendees
History (previous approvals) N/A
Meridian City Council Meeting Agenda November 19, 2019 – Page 254 of 301Meridian City Council Meeting Agenda December 3, 2019 – Page 172 of 296
REVISED EXHIBIT A
Page 3
Description Details Page
department may be needed. Other hazards may be found once
the development is completed.)
Accessibility Project meets all required access, road widths and
turnarounds. The subdivision will be limited to 30 building
lots until the secondary access is completed.
Special/resource needs Project will not require an aerial device. In the event of a
hazmat event, there will need to be mutual aid required for the
development. In the event of a structure fire an additional
truck company will be required. This will require additional
time delays as they are not available in the city.
Water Supply 1000 gal./minute for 1 hour required
Other Resources
Police Service 31
Distance to Police Station ~5 miles
Police Response Time 4-5 minutes (+/- 1 minute higher than average response time
in Meridian)
Calls for Service Between 4/1/2018-3/31/2019 PD responded to 154 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 No issues with access to the proposed site.
Specialty/resource needs No additional resources required.
Crimes 28
Crashes 3
West Ada School District 34
Distance (elem, ms, hs) Ponderosa Elementary: +/- 1.7 miles
Meridian Middle School: +/- 2.6 miles
Meridian High School: +/- 2.4 miles
Capacity of Schools Ponderosa Elementary: 650 students
Meridian Middle School: 1,250 students
Meridian High School: 2,400 students
of Students Enrolled Chaparral Elementary: 660 students
Meridian Middle School: 1,172 students
Meridian High School: 1,913 students
Wastewater
Distance to Sewer Services 0 Ft.
Sewer Shed North Black Cat Trunkshed
Estimated Project Sewer
ERU’s
See application
WRRF Declining Balance 13.69
Project Consistent with
WW Master Plan/Facility
Plan
Yes
Impacts/Concerns Flow Commitment for Parcel has been updated (6,273 gpm
total flow; 185 gpd Infiltration flow).
Water
Distance to Water Services 0 Ft.
Pressure Zone 1
Estimated Project Water
ERU’s
See application
Water Quality Concerns None
Meridian City Council Meeting Agenda November 19, 2019 – Page 255 of 301Meridian City Council Meeting Agenda December 3, 2019 – Page 173 of 296
REVISED EXHIBIT A
Page 4
Description Details Page
Project Consistent with
Water Master Plan
Yes
Impacts/Concerns Applicant to extend water main north in Puma Ave to connect
with water main in White Birch St (assuming they snapped the
water main to the centerline instead of water line in White
Birch). Show water in White Birch connect to existing water
in Black Cat (currently shows connecting to sewer, again
probably just snapping to the wrong line in CAD).
C. Project Area Maps
Future Land Use Map Aerial Map
Zoning Map Planned Development Map
Meridian City Council Meeting Agenda November 19, 2019 – Page 256 of 301Meridian City Council Meeting Agenda December 3, 2019 – Page 174 of 296
REVISED EXHIBIT A
Page 5
III. APPLICANT INFORMATION
A. Applicant/Representative:
Jane Suggs, WHPacific, Inc.
2141 W. Airport Way, Suite 104
Boise, ID 83705
B. Owners:
Sandy Law
4888 W. Cherry Lane
Meridian, ID 83642
Kent and Nancy Bleak
4920 W. Cherry Lane
Meridian, ID 83642
IV. NOTICING
Planning & Zoning
Posting Date
City Council
Posting Date
Newspaper Notification 6/28/2019 8/16/2019
Radius notification mailed to
properties within 300 feet 6/25/2019 8/13/2019
Applicant posting 7/8/2019 8/23/2019
Nextdoor posting 6/25/2019 8/13/2019
V. STAFF ANALYSIS
The proposed annexation area is contiguous to City annexed property to the north, south, and east
and is within the Area of City Impact Boundary. 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.
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 requests a “step up” in density to MDR (Medium Density Residential) without
an amendment to the Future Land Use Map (FLUM). The MDR designation allows smaller
lots for residential purposes within City limits. Uses may include single-family homes at gross
densities of 3 to 8 dwelling units per acre. The applicant is proposing 41 building lots and five
5) common lots. The gross density of the proposed development is 4.7 units per acre.
In residential areas, the Comprehensive Plan provides for other densities to be considered
without requiring an amendment to the FLUM; however, the density can only be changed one
step” (i.e. from low to medium, not low to high). The gross density of the proposed
development is 4.7 units per acre which is 1.7 units per acre more than allowed in the LDR
Meridian City Council Meeting Agenda November 19, 2019 – Page 257 of 301Meridian City Council Meeting Agenda December 3, 2019 – Page 175 of 296
REVISED EXHIBIT A
Page 6
designation. Additionally, the soon to be adopted Comprehensive Plan update has modified the
area in which the subject site is proposed to be medium density residential. Staff is amenable to
the request as it is only a slight increase, is consistent with surrounding subdivisions
Burlingame Subdivision to the north and west was granted the step-up), and is supported by
the pending Comprehensive Plan update.
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)
City services are available to be extended by the developer to the proposed lots with
development in accord with UDC 11-3A-21.
Review new development for appropriate opportunities to connect local roads and collectors
to adjacent properties (stub streets).” (3.03.02O)
The applicant proposes to stub a local street to the west for future extension should the property
to the west redevelop.
Protect existing residential properties from incompatible land use development on adjacent
parcels.” (3.06.01F)
Staff finds that the existing single-family residential properties to the northwest, south, and
east, as well as the church to the north and Montessori school to the west, are compatible with
the proposed single-family residential development.
Restrict private curb cuts and access points on collectors and arterial streets.” (3.06.02D)
The proposed development includes one (1) access via an arterial street (N. Black Cat Rd.),
and provides a stub street to the west for future redevelopment; another possible access to an
arterial road (W. Cherry Ln.) is not proposed.
Require usable open space to be incorporated into new residential subdivision plats.”
3.07.02A)
The proposed development includes an approximately 28,736 square foot centrally located
common area lot with a children’s playground area, picnic area and large open vegetative
space for general use.
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 extending throughout the proposed development
and stubbed to the west with five-foot attached sidewalks to increase vehicular and pedestrian
connectivity within the proposed development and to a potential future development to the west.
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 1, Block 2. The structure proposed to remain is required to meet the setbacks of the
R-8 zoning district; any additions to the lot will be subject to R-8 zoning district dimensional
standards. The applicant has submitted an exhibit depicting the existing home complying with
Meridian City Council Meeting Agenda November 19, 2019 – Page 258 of 301Meridian City Council Meeting Agenda December 3, 2019 – Page 176 of 296
REVISED EXHIBIT A
Page 7
required R-8 dimensional standards within its proposed lot on the preliminary plat (see exhibit
VII.E.)
Any remaining structures aside from the home on Lot 1, Block 2 shall be removed prior to
signature on the final plat by the City Engineer.
D. Proposed Use Analysis:
The applicant proposes to construct 41 single-family detached dwellings with one (1) existing
home to remain at the northwest portion of the site (Lot 1, Block 2), with five (5) common lots.
Single-family detached dwellings are listed as a principally permitted use in the R-8 zoning
district per UDC Table 11-2A-2.
E. Dimensional Standards (UDC 11-2):
This development is subject to the R-8 zoning district dimensional standards in UDC Table 11-
2A-6 (see below). Buildable lots range in size from approximately 4,400 square feet to
approximately 9,715 square feet, with an average lot size of 5,542 square feet, in accord with the
UDC standard of 4,000 square feet per dwelling unit.
F. Access (UDC 11-3A-3, 11-3H-4):
One (1) access is proposed via N. Black Cat Rd., an arterial street; a stub street (W. White Birch
Dr.) is proposed to the property to the west (parcel # S1204449100) for future extension should
redevelopment occur.
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REVISED EXHIBIT A
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The proposed access is consistent with Comprehensive Plan action item #3.06.02D and UDC 11-
3A-3 which restricts access points on arterial streets; only one (1) access is proposed via the
arterial street (N. Black Cat Rd.) and local street access is proposed to the property to the west.
G. Parking (UDC 11-3C):
Off-street parking is required to be provided for single-family dwellings based on the number of
bedrooms per unit (i.e. 2, 3 and 4 bedroom units require 4 per dwelling unit with at least 2 in an
enclosed garage, other spaces may be enclosed or a minimum 10’ x 20’ parking pad) in accord
with the standards listed in UDC Table 11-3C-6. Two- and three-car garages are proposed with
parking pads in front of the garages in accord with UDC standards.
H. Pathways ( UDC 11-3A-8):
Two (2) segments of the City’s multi-use pathway system are required adjacent to N. Black Cat
Rd. and adjacent to W. Cherry Ln. in accord with the Pathways Master Plan and the
Comprehensive Plan (action item #5.03.01A). The current plat and landscape plan shall be
modified to include the 10-foot multi-use pathway in lieu of the five-foot detached sidewalk
shown. Additionally, a 14-foot wide public pedestrian easement is required to be submitted
to the Planning Division for the pathway (coordinate details with Kim Warren, Park’s Dept.
208-888-3579).
I. 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 five-foot attached sidewalk is proposed along the proposed public roads throughout
the subdivision, in accord with UDC standards. A five-foot detached sidewalk is currently proposed
along N. Black Cat Rd. and W. Cherry Ln.; the applicant shall revise the plat and landscape
plan to depict the City’s ten-foot multi-use pathway in accord with the Pathways Master Plan
and Comprehensive Plan. Coordination will also be required with ACHD to ensure the plans
approved by ACHD includes the 10-foot wide multi-use pathways as required by the City.
J. Landscaping (UDC 11-3B):
The applicant has proposed to construct a 25-foot wide landscape buffer adjacent to W. Cherry
Lane and N. Black Cat Rd., located outside of the approximately 50-foot right-of-way (ROW) for
the expansion of both arterial roadways. There is approximately 5-15 additional feet that shall be
improved with grass along N. Black Cat Rd. and W. Cherry Ln., until ACHD purchases it for the
widening of each road. The future ROW along N. Black Cat Rd. and W. Cherry Ln. shall be
improved with vegetative groundcover with a 10-foot gravel shoulder permitted, per the
standards in UDC 11-3B-7C.5.
Common open space areas are required to be landscaped in accord with the standards listed in
UDC 11-3G-3E as proposed. The current landscape plan depicts stormwater detention within the
proposed central open space lot. The applicant shall redesign their stormwater drainage
system to allow for more usable open space in compliance with UDC 11-3G-3E. Stormwater
swales shall be designed in accord with the standards in UDC 11-3B-11. Prior to the
Commission hearing, the applicant should provide a detail of the swales to ensure there is
adequate open space for residents to recreate.
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 applicant shall coordinate with the City Arborist,
Elroy Huff, to confirm mitigation requirements.
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REVISED EXHIBIT A
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K. Qualified Open Space (UDC 11-3G):
A minimum of 10% (.88 acres) qualified open space is required; a total of 1.01 acres (or
approximately 11.5 %) is proposed consisting of an approximately 23,000 square foot centrally
located open space, a micropathway connecting north to south, and. an open water pond. The
open space exhibit shows the entirety (7,190 square feet) of Lot 5, Block 1 as qualified open
space; the lot includes an access pathway that does not qualify as open space. The qualified open
space exhibit shall be modified to reflect UDC standards and the applicant shall
demonstrate that the minimum 10% is still met. As mentioned in item J above, the
applicant should redesign the stormwater swales to allow for more usable open space.
L. Qualified Site Amenities (UDC 11-3G):
A minimum of one (1) qualified site amenity is required; the applicant has proposed amenities
from each of the three (3) categories (i.e. quality of life, recreation, and pedestrian or bicycle
circulation system) as follows: a children’s play structure, segment of the multi-use pathway, and
a micropathway. With the final plat application, the applicant shall submit a detail of the
children’s play equipment.
Staff finds that the emergency access lane located on Lot 8, Block 2 has the potential to be
utilized as a micropathway should the design be revised. The access is currently depicted as a 20-
foot wide asphalt drive with four-foot solid fencing on either side. The aesthetics of the access
would be improved if the lot was landscaped to the standards of a micropathway, UDC 11-3B-12.
In addition, this would also allow the applicant to count the lot towards the development’s
qualified open space. Lot 8, Block 2 shall be widened to a total width of 30-feet. Five-feet of
landscaping shall be added to either side in accord with the pathway landscaping standards
of UDC 11-3B-12. The applicant shall also coordinate with the Meridian Fire Department
on any specific design requirements.
M. Open Water Ponds (11-3G-3B.8)
An irrigation pond is proposed on Lot 5, Block 1. Aesthetically designed open water ponds may
comprise up to 25% of a required open space area. The proposed pond currently measures at
approximately 27% (2,400 square feet of the 8,800 square foot lot) and shall be modified to
reflect UDC standards. All ponds with a permanent water level are required to have
recirculated water and be maintained such that it doesn’t become a mosquito breeding
ground.
N. Pressurized Irrigation System (UDC 11-3A-15):
An underground pressurized irrigation (PI) system is required to be provided for each lot within
the development. The current proposal depicts the PI pump station within a common lot (Lot 5,
Block 1).
O. Storm Drainage (UDC 11-3A-18):
An adequate storm drainage system is required in all developments in accord with the City’s
adopted standards, specifications and ordinances. Design and construction shall follow best
management practice as adopted by the City as set forth in UDC 11-3A-18.
P. Fencing (UDC 11-3A-6, 11-3A-7):
Fencing is proposed within the development as depicted on the landscape plan. Six-foot tall
closed vision fencing is proposed at the rear of building lots along the perimeter of the
subdivision and adjacent to an existing church and subdivision to the north and Montessori school
to the west. Four-foot solid vinyl fencing is proposed along the emergency access to W. Cherry
Lane and to the common lots in the subdivision, in compliance with UDC standards.
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REVISED EXHIBIT A
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Q. Building Elevations (UDC 11-3A-19 | Architectural Standards Manual):
Conceptual building elevations were submitted for the future homes within this development.
Building materials consist of stucco, hardy plank and board-and-batten siding with some stone
accents (see Exhibit VII.F). Because the rear and/or sides of two-story homes will be highly
visible from the arterial streets (W. Cherry Ln. and N. Black Cat Rd.), staff recommends
articulation is incorporated through changes in two(2) 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.
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 gross density (4.7 units/acre) of the subdivision is slightly higher that that desired
in LDR designated areas; however the applicant’s request for a “step up” in density is consistent
with pending Comprehensive Plan FLUM changes and is consistent with existing subdivisions in
the area. Common open space and site amenities are centrally located within the development and
meet the minimum required standards.
For these reasons, staff recommends approval of the proposed “step up” in density and the AZ
and PP applications with the requirement of a Development Agreement per the provisions in
Section VIII.
B. Commission:
The Meridian Planning and Zoning Commission heard these items on July 18, 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: Jane Suggs, applicant’s representative; Michael Pearson
b. In opposition: none
c. Commenting: William McEwen
d. Written testimony: none
e. Staff presenting application: Kevin Holmes
f. Other Staff commenting: Bill Parsons; Caleb Hood
2. Key issues of public testimony:
a. Increase of traffic at intersection of N. Black Cat Rd. and W. Cherry Ln.
b. Lack of outreach by developer to property owner directly to the west.
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REVISED EXHIBIT A
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3. Key issues of discussion by Commission:
a. Timing of ACHD improvements to nearby roads.
b. Concern over requested “step-up” in density from R-4 to R-8.
c. Fencing around the open irrigation pond located at the north end of subject property,
Lot 5, Block 1.
d. How access would function off N. Black Cat Rd.
e. Future connection between proposed stub street (W. White Birch St.) to existing stub
street in Burlingame Subdivision to the west.
f. ACHD and the applicant entering into a cooperative development agreement for the
intersection improvements.
4. Commission changes to Staff recommendation:
a. Add condition that the applicant works with the neighboring property owner (Mr.
McEwen) to the west to discuss the location of the stub street to his property. The
applicant shall report to staff the results of the discussion prior to City Council.
b. Add condition that the applicant work with staff to include safety measures around
the irrigation pond located on the north end of the property, Lot 5, Block.
5. Outstanding issues for City Council:
c. The Commission directed the applicant to work with the neighbor to the west to
discuss the best location of the stub street. These discussions were held and the
applicant has submitted a revised plat (Exhibit B) which moved the stub street farther
to the south. After reviewing the revised plat staff recommends changes to the
conditions of approval as follows:
1. DA provision 1b. and condition of approval No. 5: replace the reference to Block
2 and replace with Block 1; and
2. Modify condition of approval No. 4: The landscape plan included in Section
VII.C shall be revised in accord with the plat, dated July 28, 2019, prior to Final
Plat submittal.
3. Incorporate revised conditions of approval from ACHD.
C. The Meridian City Council heard these items on September 3, and 24, 2019. At the public
hearing, the Council moved to approve the subject AZ and PP requests.
1. Summary of the City Council public hearing:
a. In favor: Jane Suggs
b. In opposition: None
c. Commenting: William McEwen, April Petersen, Denise LaFever, Pamela Rogers, Kent
Blake and Bradley Law
d. Written testimony: William McEwen
e. Staff presenting application: Kevin Holmes
f. Other Staff commenting on application: Bill Nary and Joe Bongiorno
2. Key issue(s) of public testimony:
a.
b.
c.
Improvements to Black Cat Road.
Capacity of the schools.
Concerns that the development was only meeting the minimum code requirements
3. Key issue(s) of discussion by City Council:
a.
b.
c.
d.
Request for a “step-up” ahead of the adoption of the new Comprehensive Plan.
Black Cat entrance into the development not meeting ACHD policy.
Coordinate with ACHD to determine if a left turn lane was warranted into the
development.
Number of residential units the City could approve on an annual basis and maintain the
City’s current level of service.
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REVISED EXHIBIT A
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e.
f.
g.
Design of the irrigation pond and incorporating an aerator to prevent water stagnation.
Development only meeting the bare minimums of the UDC.
UDC changes to increase the minimum development standards.
4. City Council change(s) to Commission recommendation:
a.
b.
c.
d.
Modify condition of approval 4a. to include aeration in the irrigation pond.
Approved the revised plat, dated 07/28/2019 in Exhibit VII.B.
DA provisions 1b and c and condition of approval 4g and 5 were modified to change the
numbering of the lots to correspond with the revised preliminary plat in Exhibit VII.B.
Added condition of approval 4h to revise the landscape plan so that is coincides with
design of the revised plat in Exhibit VII.B at the time of final plat submittal.
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REVISED EXHIBIT A
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VII. EXHIBITS
A. Annexation and Zoning Legal Description and Exhibit Map
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REVISED EXHIBIT A
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REVISED EXHIBIT A
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B. Preliminary Plat (dated: 5/21/2019, revised 7/15/2019, revised 7/28/2019)
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REVISED EXHIBIT A
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C. Landscape Plan (date: 5/10/2019)
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REVISED EXHIBIT A
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REVISED EXHIBIT A
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D. Qualified Open Space Exhibit (7/17/2019)
No longer included in open
space calculations
Emergency access revised
to meet open space
requirements, included in
calculations
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REVISED EXHIBIT A
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E. Existing Home Exhibit
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REVISED EXHIBIT A
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F. Building Elevations
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REVISED EXHIBIT A
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REVISED EXHIBIT A
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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 1, Block 21 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. The rear and/or sides of two-story homes on Lot 1114, Block 1 and Lots 74, 96-1922,
Block 2 that are visible from the arterial street (W. Cherry Ln. and N. Black Cat Rd.) are
required to incorporate articulation through changes in two (2) 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 public street. Single-story
structures are exempt from this requirement.
2. The applicant shall work with the neighboring property owner (Mr. McEwen) to the west to
discuss the location of the stub street to his property and potential future cross-access. The
applicant shall report back to staff the results of the discussion prior to City Council.
3. The preliminary plat included in Section VII.B, is approved as shown. shall be revised as
follows:
a. Depict the City’s ten-foot multi-use pathway and record a public use easement adjacent
to N. Black Cat Rd. and W. Cherry Ln. in accord with the Pathways Master Plan and
Comprehensive Plan.
b. Lot 8, Block 2 shall be widened to a total width of 30-feet, with five-feet of landscaping
on either side of the emergency access in accord with the pathway landscaping standards
of UDC 11-3B-12.
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REVISED EXHIBIT A
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4. The landscape plan included in Section VII.C shall be revised prior to Final Plat submittal as
follows:
a. Modify the proposed pond to comprise a maximum of 25% of Lot 5, Block 1 in accord
with UDC 11-3G-38. All ponds with a permanent water level are required to have
recirculated water and be maintained such that it does not become a mosquito breeding
ground in accord with UDC 11-3G-3B.8.
b. Modify the stormwater drainage system to allow for more useable open space in
compliance with UDC 11-3G-3E. Stormwater swales shall be designed in accord with the
standards in UDC 11-3B-11. Prior to the Commission hearing, the applicant should
provide a detail of the swales to ensure there is adequate open space for residents to
recreate.
c. Depict the City’s ten-foot multi-use pathway and record a public use easement adjacent
to N. Black Cat Rd. and W. Cherry Ln. in accord with the Pathways Master Plan and
Comprehensive Plan.
d. Modify the emergency access to include five-feet of landscaping on either side in accord
with UDC 11-3B-12.
e. The applicant shall coordinate removal of any existing trees with the City Arborist, Elroy
Huff, at 208-888-3579 and include a tree mitigation plan with the final plat application.
f. With the submittal of the final plat application, the applicant shall provide a detail of the
proposed children’s play structure.
g. Add four-foot vinyl fencing and an access gate to restrict access to the open irrigation
pond located on Lot 58, Block 1.
h. Revise the landscape plan to correspond with the design of the plat attached in
Exhibit VII.B.
5. Any remaining structures outside of Lot 1, Block 2 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-8 zoning district listed in
UDC Table 11-2A-5.
7. 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.
8. Comply with the sidewalk standards as set forth in UDC 11-3A-17.
9. Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-5J.
10. Construct storm water integration facilities that meet the standards as set forth in UDC 11-
3B-11C.
11. 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.
12. 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.
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REVISED EXHIBIT A
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13. 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.
14. All common open space and site amenities shall be maintained by an owner's association as
set forth in UDC 11-3G-3F1.
15. The project is subject to all current City of Meridian ordinances.
16. 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.
17. The applicant shall have an ongoing obligation to maintain all pathways.
18. The applicant has a continuing obligation to comply with the outdoor lighting provisions as
set forth in UDC 11-3A-11.
19. The applicant, property owner, and/or managing body 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.
20. 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.
21. 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.
22. The final plat, and any phase thereof, shall substantially comply with the approved
preliminary plat as set forth in UDC 11-6B-3C2.
23. 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.
24. 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 The street address of the existing home that is to remain will be changed as part of the
development process.
1.3 Applicant to extend water north in Puma Ave to connect with water main in White Birch
Street (assuming they snapped the water main to the centerline instead of water line in
White Birch). Show water in White Birch connect to existing water main in Black Cat
currently shows connecting to sewer, again probably just snapping to the wrong line in
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REVISED EXHIBIT A
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CAD). An 8-inch diameter water main shall also be required through Lot 8, Block 2 to
connect the development to the existing water main in W. Cherry Lane.
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
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.
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REVISED EXHIBIT A
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2.8 Any existing septic systems within this project shall be removed from service per City
Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment
procedures and inspections (208)375-5211.
2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and
activated, road base approved by the Ada County Highway District and the Final Plat for
this subdivision shall be recorded, prior to applying for building permits.
2.10 A letter of credit or cash surety in the amount of 110% will be required for all
uncompleted fencing, landscaping, amenities, etc., prior to signature on the final plat.
2.11 All improvements related to public life, safety and health shall be completed prior to
occupancy of the structures. Where approved by the City Engineer, an owner may post a
performance surety for such improvements in order to obtain City Engineer signature on
the final plat as set forth in UDC 11-5C-3B.
2.12 Applicant shall be required to pay Public Works development plan review, and
construction inspection fees, as determined during the plan review process, prior to the
issuance of a plan approval letter.
2.13 It shall be the responsibility of the applicant to ensure that all development features
comply with the Americans with Disabilities Act and the Fair Housing Act.
2.14 Applicant shall be responsible for application and compliance with any Section 404
Permitting that may be required by the Army Corps of Engineers.
2.15 Developer shall coordinate mailbox locations with the Meridian Post Office.
2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H.
2.17 Compaction test results shall be submitted to the Meridian Building Department for all
building pads receiving engineered backfill, where footing would sit atop fill material.
2.18 The design engineer shall be required to certify that the street centerline elevations are set
a minimum of 3-feet above the highest established peak groundwater elevation. This is
to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above.
2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or
drainage facility within this project that do not fall under the jurisdiction of an irrigation
district or ACHD. The design engineer shall provide certification that the facilities have
been installed in 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
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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/173143/Page1.aspx
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D. POLICE DEPARTMENT
http://weblink.meridiancity.org/WebLink8/0/doc/173982/Page1.aspx
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E. SETTLERS IRRIGATION DISTRICT
http://weblink.meridiancity.org/WebLink8/0/doc/172934/Page1.aspx
F. NAMPA MERIDIAN IRRIGATION DISTRICT (NMID)
http://weblink.meridiancity.org/WebLink8/0/doc/173963/Page1.aspx
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G. ADA COUNTY HIGHWAY DISTRICT (ACHD)
http://weblink.meridiancity.org/WebLink8/0/doc/174253/Page1.aspx
H. IDAHO TRANSPORTATION DEPARTMENT (ITD)
http://weblink.meridiancity.org/WebLink8/0/doc/173131/Page1.aspx
I. WEST ADA SCHOOL DISTRICT (WASD)
http://weblink.meridiancity.org/WebLink8/0/doc/174251/Page1.aspx
J. DEPARTMENT OF ENVIRONMENTAL QUALITY (DEQ)
http://weblink.meridiancity.org/WebLink8/0/doc/173153/Page1.aspx
K. CENTRAL DISTRICT HEALTH DEPARTMENT (CDHD)
http://weblink.meridiancity.org/WebLink8/0/doc/173894/Page1.aspx
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IX. FINDINGS
A. Annexation and/or Rezone Findings (UDC 11-5B-3.E)
Upon recommendation from the Commission, the Council shall make a full investigation and shall,
at the public hearing, review the application. In order to grant an annexation, the Council shall
make the following findings:
1. The map amendment complies with the applicable provisions of the Comprehensive Plan;
The Applicant proposes to annex and zone 9.84 acres of land for the development of single-
family detached homes at a gross density of 4.7 units per acre. The Council finds that the
proposed map amendment complies with the provisions of the Comprehensive Plan with a
step up” in density as requested by the Applicant. (see Section VII above for more
information).
2. The map amendment complies with the regulations outlined for the proposed district,
specifically the purpose statement;
The Council finds that the proposed map amendment to the R-8 zoning district is consistent
with the purpose statement for the residential districts as detailed in Section VIII above.
3. The map amendment shall not be materially detrimental to the public health, safety, and
welfare;
The Council finds that the proposed map amendment will not be detrimental to the public
health, safety, or welfare. City utilities will be extended at the expense of the developer. The
Council considered all oral or written testimony provided when determining this finding.
4. The map amendment shall not result in an adverse impact upon the delivery of services
by any political subdivision providing public services within the City including, but not
limited to, school districts; and,
The 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 within the City.
5. The annexation is in the best of interest of the City.
The Council finds annexing the subject 9.84 acre property is in the best interest of the City if
the development complies with the development agreement provisions and conditions of
approval in this report.
B. Preliminary Plat Findings (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:
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);
The Council finds that the proposed plat is in conformance with the Comprehensive plan if the
development complies with the development agreement provisions and conditions of approval
in this report. (Please see Comprehensive Plan Policies and Goals, Section VII, of the Staff
Report for more information.)
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2. Public services are available or can be made available and are adequate to accommodate
the proposed development;
The Council finds that public services are available and are adequate to serve the proposed
development. (See Section VIII.B of the Staff Report for more details from public service
providers.)
3. The plat is in conformance with scheduled public improvements in accord with the City’s
capital improvement program;
Because City water and sewer and any other utilities will be provided by the development at
their own cost, the Council finds that the subdivision will not require the expenditure of capital
improvement funds.
4. There is public financial capability of supporting services for the proposed development;
Based on comments from public service providers (i.e., Police, Fire, ACHD, etc.) in Section
VIII, the Council finds there is public financial capability of supporting services for the
proposed development. (See Section VIII for more detail.)
5. The development will not be detrimental to the public health, safety or general welfare;
and
The Council is not aware of any health, safety, or environmental problems associated with the
platting of this property. ACHD considers road safety issues in their analysis. The Council
considered all public testimony presented to determine whether or not the proposed subdivision
may cause health, safety or environmental problems.
6. The development preserves significant natural, scenic or historic features.
The Council is unaware of any significant natural, scenic or historic features that exist on this
site that need to be preserved.
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EXHIBIT A
Millbrae Subdivision H-2019-0066 Page 1
Annexation and Zoning Legal Description and Exhibit Map
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Millbrae Subdivision H-2019-0066 Page 2
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