Percy Subdivision DA (H-2019-0097) (2020-022993) ADA COUNTY RECORDER Phil McGrane 2020-022993
BOISE IDAHO Pgs=48 BONNIE OBERBILLIG 02/26/2020 01:44 PM
CITY OF MERIDIAN, IDAHO NO FEE
DEVELOPMENT AGREEMENT
PANTIES: 1. City of Meridian
2. MWT LLC, Owner/Developer
THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into
this 25th day of February , 2020, 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 MWT,LLC,whose address is PO Box 2640,Eagle,ID 83618 hereinafter
called OWNER/DEVELOPER.
1. CITALS:
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§67-6511A provides that cities may,by ordinance,
require or permit as a condition of zoning that the Owner 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/Developer has submitted an application for modification
to an existing Development Agreement recorded in Ada County as Instrument
#2016-007091 to include the property listed in Exhibit"A",attached hereto,
into a new Development Agreement, under the Unified Development Code,
which generally describes how the Property will be developed and what
improvements will be made; and
1.5 WHEREAS, Owner/Developer made representations at the public hearings
before Planning and Zoning Commission and the Meridian City Council,as to
how the Property will be developed and what improvements will be made;and
DEVELOPMENT AGREEMENT—PERCY SUBDIVISION(H-2019-0097) PAGE I OF 8
Meridian City Council Meeting Agenda February 25,2020— Page 216 of 342
1.6 WHEREAS, the record of the proceedings for requested annexation and
zoning held before Planning and Zoning Commission and the City Council,
includes responses of government subdivisions providing services within the
City of Meridian planning jurisdiction, and includes further testimony and
comment; and
1.7 WHEREAS, on the 7 h day of January, 2020, the Meridian City Council
approved certain Findings of Fact and Conclusions of Law and Decision and
Order ("Findings"), which have been incorporated into this Agreement and
attached as Exhibit`B"; and
1.8 WHEREAS, the Findings require the Owner/Developer to enter into a
Development Agreement before the City Council takes final action on final
plat; and
1.9 WHEREAS,Owner/Developer deem it to be in its best interest to be able to
enter into this Agreement and acknowledges that this Agreement was entered
into voluntarily and at its urging and request; and
1.10 WHEREAS,City requires the Owner/Developer to enter into a development
agreement for the purpose of ensuring that the Property is developed and the
subsequent use of the Property is in accordance with the terms and conditions
of this Agreement,herein being established as a result of evidence received by
the City in the proceedings for zoning designation from government
subdivisions providing services within the planning jurisdiction and from
affected property owners and to ensure zoning designation are in accordance
with the amended Comprehensive Plan of the City of Meridian on October 11,
2016,Resolution No. 16-1173,and the UDC, Title 11.
NOW, THEREFORE, in consideration of the covenants and conditions set forth
herein,the parties agree as follows:
2. INCORPORATION OF RECITALS: That the above recitals are contractual and
binding and are incorporated herein as if set forth in full.
3. DEFINITIONS: For all purposes of this Agreement the following words,terms,and
phrases herein contained in this section shall be defined and interpreted as herein provided for,unless
the clear context of the presentation of the same requires otherwise:
3.1 CITY: means and refers to the City of Meridian,a party to this Agreement,
which is a municipal Corporation and government subdivision of the state of
Idaho, organized and existing by virtue of law of the State of Idaho, whose
address is 33 East Broadway Avenue,Meridian,Idaho 83642.
3.2 OWNER/DEVELOPER: means and refers to MWT LLC,whose address is
PO Box 2640, Eagle, ID 83618, hereinafter called OWNER/DEVELOPER,
DEVELOPMENT AGREEMENT—PERCY SUBDIVISION(H-2019-0097) PAGE 2 OF 8
Meridian City Council Meeting Agenda February 25,2020— Page 217 of 342
the party that owns and is developing said Property and shall include any
subsequent owner(s)/developer(s) of the Property.
3.3 PROPERTY: means and refers to that certain parcel(s)of Property located
in the County of Ada,City of Meridian as in Exhibit"A"describing a parcel to
be annexed and a parcel to be removed from existing Development Agreement
recorded in Ada County as Instrument#2016-007091 ,with both parcels being
bound by this new Development Agreement and attached hereto and by this
reference incorporated herein as if set forth at length.
4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right
to develop the Property in accordance with the terms and conditions of this Agreement.
4.1 The uses allowed pursuant to this Agreement are only those uses allowed
under the UDC.
4.2 No change in the uses specified in this Agreement shall be allowed without
modification of this Agreement.
5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY:
5.1. Owner/Developer shall develop the Property in accordance with the following
special conditions:
a. Future development of this site shall comply with the preliminary plat,landscape plan,
and conceptual building elevations included in Section VII.
b. The applicant shall comply with the phasing plan as shown in Exhibit VII.0 of the
Staff Report attached to the Findings of Fact and Conclusions of Law attached hereto
as exhibit`B".
c. The applicant shall coordinate with ACHD on the construction of the entire length of
E. Quartz Creek Street with the first phase of development, including a 5-foot wide
detached sidewalk on the north boundary. If Western Ada School District does not
require a school bus stop at the intersection of Meridian Road and E. Quartz Creek
Street,the 5-foot wide detached sidewalk is not required to be constructed along the
off-site portion of the roadway.
d. The rear and/or sides of 2-story structures that face S. Meridian Road, an entryway
corridor, shall incorporate articulation through changes in two or more of the
following: modulation (e.g. projections, recesses, step-backs, pop-outs), bays,
banding,porches,balconies,material types,or other integrated architectural elements
to break up monotonous wall planes and roof lines that are visible from the subject
public street. Single story homes are exempt from this requirement.
6. COMPLIANCE PERIOD This Agreement must be fully executed within six (6)
months after the date of the Findings for the annexation and zoning or it is null and void.
DEVELOPMENT AGREEMENT—PERCY SUBDIVISION(H-2019-0097) PAGE 3 OF 8
Meridian City Council Meeting Agenda February 25,2020— Page 218 of 342
7. DEFAULT/CONSENT TO DE-ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
7.1 Acts of Default. Either party's failure to faithfully comply with all of the
terms and conditions included in this Agreement shall constitute default under
this Agreement.
7.2 Notice and Cure Period. In the event of Owner/Developer's default of this
Agreement, Owner/Developer shall have thirty (30) days from receipt of
written notice from City to initiate commencement of action to correct the
breach and cure the default,which action must be prosecuted with diligence
and completed within one hundred eighty(180)days;provided,however,that
in the case of any such default that cannot with diligence be cured within such
one hundred eighty (180) day period, then the time allowed to cure such
failure may be extended for such period as may be necessary to complete the
curing of the same with diligence and continuity.
7.3 Remedies. In the event of default by Owner/Developer that is not cured after
notice as described in Section 7.2,Owner/Developer shall be deemed to have
consented to modification of this Agreement and de-annexation and reversal
of the zoning designations described herein, solely against the offending
portion of Property and upon City's compliance with all applicable laws,
ordinances and rules, including any applicable provisions of Idaho Code §§
67-6509 and 67-6511. Owner/Developer reserve all rights to contest whether
a default has occurred. This Agreement shall be enforceable in the Fourth
Judicial District Court in Ada County by either City or Owner and/or
Developer, or by any successor or successors in title or by the assigns of the
parties hereto. Enforcement may be sought by an appropriate action at law or
in equity to secure the specific performance of the covenants, agreements,
conditions, and obligations contained herein.
7.4 Delay. In the event the performance of any covenant to be performed
hereunder by either Owner/Developer or City is delayed for causes that are
beyond the reasonable control of the party responsible for such performance,
which shall include,without limitation, acts of civil disobedience, strikes or
similar causes,the time for such performance shall be extended by the amount
of time of such delay.
7.5 Waiver. A waiver by City of any default by Owner/Developer of any one or
more of the covenants or conditions hereof shall apply solely to the default and
defaults waived and shall neither bar any other rights or remedies of City nor
apply to any subsequent default of any such or other covenants and conditions.
8. INSPECTION: Owner/Developer shall, immediately upon completion of any
portion or the entirety of said development of the Property as required by this Agreement or by City
ordinance or policy,notify the City Engineer and request the City Engineer's inspections and written
DEVELOPMENT AGREEMENT—PERCY SUBDIVISION(H-2019-0097) PAGE 4 OF 8
Meridian City Council Meeting Agenda February 25,2020— Page 219 of 342
approval of such completed improvements or portion thereof in accordance with the terms and
conditions of this Agreement and all other ordinances of the City that apply to said Property.
9. REQUIREMENT FOR RECORDATION: City shall record this Agreement,
including all of the Exhibits, and submit proof of such recording to Owner/Developer, prior to the
third reading of the Meridian Zoning Ordinance in connection with the re-zoning of the Property by
the City Council. If for any reason after such recordation, the City Council fails to adopt the
ordinance in connection with the annexation and zoning of the Property contemplated hereby,the City
shall execute and record an appropriate instrument of release of this Agreement.
10. ZONING: City shall,following recordation of the duly approved Agreement,enact a
valid and binding ordinance zoning the Property as specified herein.
11. SURETY OF PERFORMANCE: The City may also require surety bonds,
irrevocable letters of credit,cash deposits,certified check or negotiable bonds,as allowed under the
UDC, to insure the installation of required improvements, which the Owner/Developer agree to
provide, if required by the City.
12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued
in any phase in which the improvements have not been installed,completed,and accepted by the City,
or sufficient surety of performance is provided by Owner/Developer to the City in accordance with
Paragraph 11 above.
13. ABIDE BY ALL CITY ORDINANCES: That Owner and/or Developer agree to
abide by all ordinances of the City of Meridian unless otherwise provided by this Agreement.
14. NOTICES: Any notice desired by the parties and/or required by this Agreement shall
be deemed delivered if and when personally delivered or three (3) days after deposit in the United
States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as
follows:
CITY: with copy to:
City Clerk City Attorney
City of Meridian City of Meridian
33 E. Broadway Ave. 33 E. Broadway Avenue
Meridian, Idaho 83642 Meridian, Idaho 83642
OWNER/DEVELOPER:
MWT LLC
PO Box 2640
Eagle, ID 83618
14.1 A party shall have the right to change its address by delivering to the other
party a written notification thereof in accordance with the requirements of this section.
15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto
concerning this Agreement,the prevailing party shall be entitled,in addition to any other relief as may
DEVELOPMENT AGREEMENT—PERCY SUBDIVISION(H-2019-0097) PAGE 5 OF 8
Meridian City Council Meeting Agenda February 25,2020— Page 220 of 342
be granted, to court costs and reasonable attorney's fees as determined by a Court of competent
jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall
survive any default,termination or forfeiture of this Agreement.
16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time
is strictly of the essence with respect to each and every term,condition and provision hereof,and that
the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default
under this Agreement by the other party so failing to perform.
17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure
to the benefit of the parties' respective heirs, successors, assigns and personal representatives,
including City's corporate authorities and their successors in office. This Agreement shall be binding
on the Owner and/or Developer,each subsequent owner and any other person acquiring an interest in
the Property. Nothing herein shall in any way prevent sale or alienation of the Property,or portions
thereof,except that any sale or alienation shall be subject to the provisions hereof and any successor
owner or owners shall be both benefited and bound by the conditions and restrictions herein
expressed. City agrees,upon written request of Owner and/or Developer,to execute appropriate and
recordable evidence of termination of this Agreement if City,in its sole and reasonable discretion,had
determined that Owner and/or Developer have fully performed their obligations under this
Agreement.
18. INVALID PROVISION: If any provision of this Agreement is held not valid by a
court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement
and the invalidity thereof shall not affect any of the other provisions contained herein.
19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided,each party
shall act reasonably in giving any consent,approval,or taking any other action under this Agreement.
20. COOPERATION OF THE PARTIES: In the event of any legal or equitable action
or other proceeding instituted by any third party (including a governmental entity or official)
challenging the validity of any provision in this Agreement, the parties agree to cooperate in
defending such action or proceeding.
21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements,
agreements,condition and understandings between Owner and/or Developer and City relative to the
subject matter hereof,and there are no promises,agreements,conditions or understanding,either oral
or written, express or implied, between Owner 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
DEVELOPMENT AGREEMENT—PERCY SUBDIVISION(H-2019-0097) PAGE 6 OF 8
Meridian City Council Meeting Agenda February 25,2020— Page 221 of 342
notice provisions provided for a zoning designation and/or amendment in force at the
time of the proposed amendment.
22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the
date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in
connection with the annexation and zoning of the Property and execution of the Mayor and City
Clerk.
[end of text; signatures,acknowledgements, and Exhibits A and B follow]
ACKNOWLEDGMENTS
IN WITNESS WHEREOF,the parties have herein executed this agreement and made
it effective as hereinabove provided.
OWNER/DEVELOPER:
MWT LLC
By: Dave Turner
Its: Manager
CITY OF MERIDIAN ATTEST:
By:
Mayor Robert E. Simison Chris Johnson, City Clerk
DEVELOPMENT AGREEMENT—PERCY SUBDIVISION(H-2019-0097) PAGE 7 OF 8
Meridian City Council Meeting Agenda February 25,2020— Page 222 of 342
STATE OF Idaho )
Ss;
County of Ada )
On this � day of ,NC ,2020,before me,the undersigned,a Notary Public in and for said
State,personally appeared Dave turner known or identified to me to be the Manager of MWT L,L,C,
and the person who signed above and acknowledged to me that he executed the same on behalf of said
Corporation.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day
and year in this certificate first above written.
SEAL)
Sublic State Notary Public fo � ,�
NotaryPublic-State of Idaho °C
Commission Number 55474 Residing at:
My Commission Expires Dec 11,2021
My Commission Expires: i
STATE OF IDAHO }
ss
County of Ada }
On this 25th day of February , 2020, before me, a Notary Public,
personally appeared Robert E. Simison and Chris Johnson, known or identified to me to be the
Mayor and Clerk,respectively, of the City of Meridian,who executed the instrument or the person
that executed the instrument of behalf of said City,and acknowledged to me that such City executed
the same.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day
and year in this certificate first above written.
(SEAL) Notary Public for Idaho
Residing at: Meridian, Idaho
Commission expires: 3-28-2022
DEVELOPMENT AGREEMENT—PERCY SUBDIVISION(H-2019-0097) PAGE 8 OF 8
Meridian City Council Meeting Agenda February 25,2020— Page 223 of 342
EXHIBITA
Legal Description and Exhibit Map
DESCRIPTION FOR
PERCY SUBDIVISION
R4 TO R-8 REZONE
A portion of Government Lot 2 of Section 31,T.3N., R.1 E., B.M., Meridian, Ada County,
Idaho more particularly described as follows.
Commencing at the W1i4 corner of said Section 31 from which the NW corner of said
Section 31 bears North 00°37'56"East,2641.54 feet,
thence along the West boundary line of said Section 31 North 00°37'66"East, 320.00
feet to the REAL POINT OF BEGINNING;
thence continuing along said West boundary line North 00°37'56"East, 1,000.77 feet to
the NW corner of said Government Lot 2;
thence along the North boundary line of said Government Lot 2 North 89'39'29"Fast,
1,186.00 feet to the NE canner of said Government Lot 2;
thence along the East boundary line of said Government Lot 2 South 00°31'21"West,
1,326.94 feet to the SE corner of said Government Lot 2;
thence along the East-West centerline of said Section 31 South 89"57'28"West, 326.22
feet;
thence leaving said East-West centerline Borth 05°35'32"West, 142.10 feet;
thence North 30°58'40"West, 126.57 feet;
thence North 00007'32"West, 70.09 feet;
thence South 89°56'59"West, 779.56 feet to the REAL POINT OF BEGINNING.
Containing 30.02 acres, more or less.
N
77 ;6
Ivlt�t o
G,C,
Percy Subdivision H-2019-000
Meridian City Council Meeting Agenda February 25,2020— Page 224 of 342
EXHIBIT A
S.25 S.30 E. AMITY ROAM
!
Ih {
C5
NE COR
UNPLATTM) GOV'T LOT 2
N69'39'29"E 1186.00'
1
1
{
Q
z �? Q �T
Q a PERCY FARMS, l.LC
m`y Z - EXISTING R-4 TO €.r
R-8 REZONE
! u�, 13t770Qr.�
Ih w!• 8£1.02 A.C. €w
f13 z 1 1L
Cf! ! ,
C9
RPOB-\
N0.07'32"W
S69'56`59"W 779.56' 70.09' !
�i3o"•58'40"W�1
t� JOSE ASEGU€NOLAZA . 126•57'
M N5`35'32"LV���
142.10'
Ar
1 f4
S.36 S131 1,189'57'20E 86Z24! 326.22,
SWER V1EW ESTATES SUSDIV€StON
7729 150 Goo
91AL � 0 79 300 9p0
Y R� � SCALE: 1" = 300'
IDAHO REZONE EXHIBIT —_. GRAWMMdG FOR
1"SWEIAMLOW R-4 ZONE TO R-8 ZONE 1 tt�
SURVEY aase.aav�osroa PERCY SUBDIVISION 1
yy^���7�y 1 �}� i �^. raSaT saa-ecto
GROU LLC WCLAIM III cowl olt WT 2 f1=5ECT=31.TAN,I lr—Rv.. OWR DATE
laEtifiM,MA CCWTY.IDAPO 5/24/200
Percy Subdivisiur, H-4G,,.,-0097
Meridian City Council Meeting Agenda February 25,2020— Page 225 of 342
EXHIBIT B
CITY OF MERIDIAN
FINDINGS OF FACT,CONCLUSIONS OF LAW WEII�L1A N:---
AND DECISION& ORDER
,k (
In the Matter of the Request for De-annexation of 0.42 Acres of Land; Modification to Existing
Development Agreement(Instrument No.2016-007091) to Incorporate the Proposed Development
and Enter into a New Agreement; Rezone of 30.02 Acres of Land from the R-4 Zone to the R-S
Zone; AND Preliminary Plat Consisting of 113 Residential Lots and l 1 Common Lots on
Approximately 28.51 Acres of Land in the Proposed R-8 Zone, by Schultz Development.
Case No(s). H-2019-0097
For the City Council Hearing Date of: December 10,2019 (Findings on.lanuary 7, 2020)
A. Findings of Fact
1. Hearing Facts(see attached Staff Report for the hearing date of December 10,2019, incorporated
by reference)
2. Process Facts(see attached Staff Report for the hearing date of December 10,2019,incorporated
by reference)
3. Application and Property Facts(see attached Staff Report for the liearing date of December 10,
2019, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of December 10,2019, 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 I 1 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. 11-794 and Maps.
3. The conditions shall he reviewable by the City Council pursuant to Meridian City Code§ I l-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
CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FILE NO(S). H-2019-0097 - 1 -
Meridian City Council Meeting Agenda Fabn9awy72!ip202-0 PA&cR6B2ff 6b242
Community Development Department,the Public Works Department and any affected party
requesting notice.
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of December 10,2019,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 de-annexation,rezone, development agreement modification and
preliminary plat is hereby approved per the conditions of approval in the Staff Report for the
hearing date of December 10,2019, 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 67-651IA. 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
CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FILE NO(S).H-2019-0097 -2-
Meridian City Council Meeting Agenda ffadmaeff?50202-0-Pa@ac4W66242
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
agreement by all parties and/or may be requested to extend the time allowed for the agreement
to be signed and returned to the city if filed prior to the end of the six(6)month approval
period.
E. Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development
application entitles the Owner to request a regulatory taking analysis. Such request must be in
writing,and must be filed with the City Clerk not more than twenty-eight(28)days after the
final decision concerning the matter at issue. A request for a regulatory takings analysis will
toll the time period within which a Petition for Judicial Review may be filed.
2. Please take notice that this is a final action of the governing body of the City of Meridian.
When applicable and pursuant to Idaho Code § 67-6521,any affected person being a person
who has an interest in real property which may be adversely affected by the final action of the
governing board may within twenty-eight(28)days after the date of this decision and order
seek a judicial review as provided by Chapter 52,Title 67, Idaho Code.
F. Attached: Staff Report for the hearing date of December 10,2019
CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FILE NO(S).H-2019-0097 -3-
Meridian City Council Meeting Agenda ffadmuayy7250202-0-Pa@acc62'28f 66242
By action of the City Council at its regular meeting held on the 7th day of January ,
2020,
COUNCIL PRESIDENT JOE BORTON VOTED e
COUNCIL VICE PRESIDENT LUKE CAVENER VOTED
COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED t'
COUNCIL MEMBER TY PALMER VOTED
_A�f
COUNCIL MEMBER TREG BERNT VOTED
COUNCIL MEMBER GENESIS MILAM VOTED
_&If
MAYOR TAMMY de WEERD VOTED
(TIE BREAKER)
Mayor Tammy e eerd
Attest: ���❑ �,❑
a c;titi t,r
E IDIAN�--'
Ierk ti� SEAL z'I
Copy served upon Applicant,Community Development Department,Public Works Department and City
Attorney.
By: Dated: 1-7-2020
City Clerk's Office
CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FILE NO(S).H-2019-0097Percy Meridian City Council Meeting Agenda February 25,2020— Page 229 of 342 -4-
EXHIBIT A
STAFF REPORT 41.% EfkII3IAIT�-
COMMUNITY DEVELOPMENT DEPARTMENT
HEARING December 10,2019
Legend
DATE:
.Project Location
v
TO: Mayor& City Council -----
FROM: Bill Parsons, Current Planning
Supervisor lr
208-884-5533 �.
Bruce Freckleton, Development
Services Manager
208-887-2211 -----` -
SUBJECT: H-2019-0097
Percy Subdivision
i'
LOCATION: East side of S. Meridian Rd., south +
of E. Amity Rd., in the NW'/a of '
Section 31,T.3N.,R.I E.
1. PROJECT DESCRIPTION
NOTE: During the November 7, 2019 PIZ hearing,the applicant provided a revised plat for
Commission's review.The revised plat incorporated some of the modifications recommended
by staff and included new changes that the applicant and the eastern property owner have
negotiated regarding street connectivity and utility stubs.Because these items were topics of
discussion at the hearing,staff has updated the staff report with the revised plans and provided
a strike-through/underline format throughout the document,including all relevant conditions
of approval,to concide with the revised plans.
• De-annex 0.42 acres of land currently zoned R-4 to consolidate the property with the adjacent
parcel to the south zoned RUT in Ada County;
■ Modification to the existing development agreement(Instrument No.20 1 6-00709 1)to
incorporate the requested preliminary plat and replace the terms of the agreement;
■ Rezone of 30.02 acres of land from the R-4 zoning district to the R-8 zoning district;and
■ Preliminary plat consisting of 113 single-family residential lots and 11 common lots on
approximately 28.51 acres in the proposed R-8 zoning district.
II. SUMMARY OF REPORT
A. Project Summary
Description Details Pa e
Acreage 28.51
Page I
Meridian City Council Meeting Agenda&eianaawy725p202-0-Pa@agZ6 66342
Description Details Page
Future Land Use Designation Mostly LDR with some MDR(5.58 acres)on north end
Existing Land Use(s) Agricultural
Proposed Land Use(s) SFR
Current Zoning R-4
Proposed ironing R-8
Lots(#and type;bldg./common) 113 buildingll 1 common
Phasing Plan(#of phases)
Number of Residential Units(type i 13 sing Ic family detached dwellings
of units)
Density(gross&net) 3.96 unitslacre(gross);6.02(net)
Open Space(acres,total 3-.5�K3.66 acres, 12.3512.94%
[%]Ibufferlquali fled)
Amenities Children's play structure,gazebo
Physical Features(waterways, None
hazards, flood plain,hillside)
Neighborhood meeting date;#of' May 13,2019;2 attendees excluding the Applicant
attendees:
History(previous approvals) South Meridian Annexation(H-2015-0019);DA
Instrument No, 20t6-007091
Community Metrics
Description Details Page
Ada County Highway District
Staff report(yes/no) Yes
Requires ACHD Commission No
Action(yes/no)
Access(Arterial/Collectors/State E.Quartz Creek St.,collector street,via S. Meridian
HwylLocal)(Existing and Proposed) Rd.ISH-69;consistent with the MSM
Traffic Level of Service
Stub Street/lnterconnectivity/Cross Five(5)stub streets are proposed( I-north, I-south and 3-
Access east)
Existing Read Network None
Proposed Road Improvements With development,the applicant will be constructing
several local streets for intcrconnectivity and a collector
street at the mid-mile mark consistent with the MSM,the
UDC and 1T❑policies.NOTE:A portion of the collector
street is an off--site improvement.
Distance to nearest City Para;i Nearest City Park is Discovery Park which is
size) approximately 2 mules from the proposed development
Distance to other trey services Nearest services arc several miles north of the proposed
development
Fire Service
Distance to Fire Station Fire Station#1 —3.8 miles
Fire Response Time 7 minutes
Resource Reliability 81%-goal is 85%
Risk Identification t -Residential
Accessibility Limited to 30 homes until a secondary emergency access is
provided
Special/resource needs None
Water Supply 1000 GPM
Other Resources None
Page? -
Meridian City Council Meeting Agenda ffaWaawy72502020-P,@ag;b7u3df 66342
Description Details Page
Police Service
Distance to Police Station Approximately 4.5 miles
Police Response Time Between 5-6 minutes
Calls for Service 41
%of calls for service split by Priority 1 —22%
priority Priority 2—75.6%
Priority 3—2.4%
Accessibility Access to Meridian Road limited to left-in and right-
in/right-out only(no left out)
Specialty/resource needs None
Crimes 10
Crashes 9
Wastewater
Distance to Sewer Services 0
Sewer Shed South Black Cat
Estimated Project Sewer ERU's 113
WRRF Declining Balance 13.73
Project Consistent with W W Yes
Master PlanfFacility Plan
Water
Distance to Water Services 1500 feet
Pressure Zone 5
Estimated Project Water ERU's 113
Water Quality Yes—lack of supply redundancy
Project Consistent with Water Yes
Master Plan
Impacts/Concerns None
B. Project Area Maps
Future Land Use Map Aerial Map
Legend L T'rCLI. ,a 0Legend
'Project Lacatigr - _ Project Location
Denny— L 1
Resides#ial Civic "A 1r1rV'
IX X-
r !
y
MU
Mu-C = R
�_k { N _
l.
Density
Residential
Rural _
MU-RG FLAKE, HAZEL
- Page 3 —
Meridian City Council Meeting Agenda Jt naaff?50202-0-PJ�ag67332615342
Zoning Map Planned Development [�Legend 0 Legend ---, ■ ■
t— R-8 .
,��Project Location Project Location y
•- -i
L La I R_q' ;,i City Omits --
-Planned Parcels r
RUT R1 R1 R1.
I 1
-A - R-4 ' ------- _
RUT. €
C -RUT.,:.
R-I5 �f. - 1 ----,
F C-G 1
rr R i�
,
R-4 RUT I : L ' 'C: -I- I•
III. APPLICANT INFORMATION
A. Applicant/Representative:
Schultz Development
PO Box 1115
Meridian, ID 83680
B. Owner:
Percy Farms, LLC
1250 Stegennan Ct.
Meridian, ID 83642
IV. NOTICING
Planning& Zoning City Council
J Posting Date Pasting Date
Newspaper Notification 10/18/2019 11/22/2019
Radius notification mailed to
properties within 300 feet 10/15/2019 11/21/2019
Public hearing notice sign posted
10/24/2019 11/26/2019
on site
Nextdoor posting 10/15/2019 11/21/2019
V. STAFF ANALYSIS
DE-ANNEXATION:
The applicant request to de-annex 0.42 acres of land currently zoned R-4 to consolidate the property
with the adjacent County RUT parcel to the south in exchange for easement to construct the off-site
portion of the collector street to Meridian Road consistent with ACHD Master Street Map. Prior to
Page 4
Meridian City Council Meeting Agenda ff-aWaawy725P202-0-P�ag�672326E342
the rezone ordinance approval,the applicant must submit and obtain approval of a County
rezone and property boundary application to ensure the de-annexed portion of the property is
assigned a County zoning designation and consolidated with the adjacent southern parcel.
REZONE:
The Applicant requests to rezone 30.02 acres of land from the R-4 zoning district to the R-8 zoning
district for the development of 113 single-family detached residential Homes.
COMPREHENSIVE PLAN{1t[!LLF.IIH•v►w.nieridiaiicity.or I�pplrrn):
The Comprehensive Plan Future Land Use Map (FLUM) designates approximately 5.58 acres of this
site as Medium Density Residential(MDR)and approximately 22.93 acres as Low Density Residential
(LDR). The purpose of the residential designations is to provide a variety of housing types.
MDR designated areas allow smaller lots for residential purposes within City limits. Uses may include
single-family homes at gross densities of 3 to 8 dwelling units per acre(d.u.lacre).
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 proposes to develop the 28.51 acre site with 113 single-family homes on various lot
sizes to promote housing diversity.Because this property does have two(2) land use designation (not
parcel specific), the gross density is on the lower end of the MDR density range and the recorded ❑A
contemplated a future rezone request, staff finds the proposed development is generally consistent
with the Comprehensive Plan without a request for a"step-up."
GOALS,OBJECTIVES,& ACTION ITEMS: 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):
• "Provide for a wide diversity of housing types(single-family,modular,mobile homes 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)
Only one housing tt�pe.si►,gle faniily detached hones, is proposed within this development,-
however. there are a mrx of four(4)d{&rent lol.sizes proposed(i.e. 5,000-8 000); Staff is
unaware if'lhe homes will he owner occupied or rental units.
■ "Require open space areas within all development."(&01.01 A)
Ali open space arhibit is included in Sectio►, V11.0 that complies with the ini►,imIsm UDC
standards listed in UDC 11-3G-3. Hoiiwver. the project is located in all under-developed
area of Me►idia►, with limited access to City•parks. Further, a majority of the open space is
situated along S. Meridian Road and W. Quartz Creek Street. Therefore. Staff recommends
that the applicant convert lots 6 and 7, Block 4 into common lots to create more useable
internal open space withi►,the proposed development.
• "Permit new development only where urban services can be reasonably provided at the time
of final approval and development is contiguous to the City."(3.01.0IF)
The proposed development is contiguous to the City and urban services can be provided to
this development.
• "Consider ACHD°s Master Street Map(MSM) in all land use decisions."(3.03.04K)
The proposed plat depicts an easilivest collector street along the south hounda►v consistenl
with,the MSM.
Page 5 —
Meridian City Council Meeting Agenda ffaWaawy72502020-P,@ag;b723*6B342
• "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."(3.41.01])
The Applicant has been working with ACHD and ITD on the collector street connection to S.
Aeridian Rd. (SH 69). The proposed collector street is in the desired location as required ht,
ITD however,-then have required controlled access into the site and restricted the turning
movements to a►•ighl-inlright-oullleft-in only. The applica►il should comply uti ith all ITD
mitigation measures per the TIS.study.
• "Develop alternative modes of transportation through pedestrian improvements,bicycle
lanes,off-street pathways, and transit-oriented development as appropriate."(3.03.03D)
Pedestrian fvalkiv vs are proposed internally throughout the development and a segment Q/'
the 0tv's mmlli-use pathwaY s►cstem is proposed off-,street along S. Meridian Rd.
DEVELOPMENT AGREEMENT MODIFICATION
The applicant is requesting to modify the recorded Development Agreement(Inst. #2416-
007091). Originally, this property was part of the South Meridian annexation. The recorded
development agreement granted the landowner the authority to rezone and modify the DA at no
charge to the applicant.The amendment is desired so the applicant can develop the property
consistent with the proposed single-family development.The new terms of the agreement will
supersede the previous provisions. Staff's recommended DA provisions are include in Exhibit
VIII.below.
PRELIMINARY PLAT
The proposed preliminary plat consists of 113 building lots and 8 common lots on 28.51 acres in
a proposed R-8 zone,
The minimum lot size for the development is 5,250 square feet(s.f)with an average lot size of
77239 s.f. Four(4) different sizes of lots are proposed(Le. 5K, 6K, 7K, and 8K square feet) for
the development of traditional front-loaded lots. A lot size rendering is included in Section VILE
that demonstrates the variety of lots proposed within the development.
Phasing Plan: The subdivision is proposed to develop in two(2)phases as shown on the phasing
plan in Section VII.C. The first phase is the southeastern portion Im4€of the development
consisting of 53 3&lots and includes all of the Meridian Road frontage improvements. The
second phase is the remaining northwester portion of the development and consists of the other
60 P lots. Staff is supportive of the phasinp_plan as proposed by the applicant.
The mitin asenble open spnee in the development is proposed to he eenstracted with the
noise generated from S. MeFid iia n Road/SH69. if the eastern po rtion of the p roperty is
developed first as proposed,the residents "Ang in the first phase will not have the required
• ,
should revise the phitsing phin to develop the seeond phase first or instalml the Aler4dian
Dimensional Standards(UDC Jr-2):
The proposed plat and subsequent development is required to comply with the minimum
dimensional standards listed in UDC Tables I 1-2A-6 for the R-8 zoning district. The proposed
plat complies with these standards.
Subdivision Design & Improvement Standards(ll-6G3):
1'au,c: 6
Meridian City Council Meeting Agenda ffalwaawy725P2020-P�;@agWAaff 56342
Compliance with the subdivision design and improvement standards listed in UDC 11-6C-3 is
required,which includes streets, common driveways,pedestrian connections,easements and
block face.
The proposed plat appears to comply with these standards except for Block l that fronts on
the west side of S. Ventura Ave.(800'+1-).The UDC allows for City Council to approve
block faces up to 1,200' in length where block design is constrained by site conditions that
include an abutting highway,which is the case. Staff recommends Council approve the
longer block face with the inclusion that the appliennt ineorporate f traffic calming at the
vicinity of the mid-block micropath, as propos_e_d,to assist with slowing vehicle traffic.
Common Driveways(UDC l 1-6C-3D):
Three One common driveways are i-s proposed on Lot 9,Block 2,Lot 5, Block b and Lot 29,
Block 3 providing access to Lots 7 and 8, Block 2, Lots 2,3 and 4, Block 6 and Lots 30 and 31,
Block 3. Common driveways are required to comply with the standards listed in UDC 11-6C-3 as
follows: The driveways for Lot 10,Block 2, Lot 6, Block 6 and Lot 28, Block 3 are is
required to be located on the opposite side of the shared property line away from the
common driveway; solid fencing adjacent to common driveways is prohibited unless
separated by a minimum 5-foot wide landscape buffer; an exhibit should be submitted with
the final plat application depicting the setbacks,fencing, building envelope and orientation
of the lots and structures accessed by the common driveway; lots abutting the common
driveway that aren't taking access from the driveway should also be depicted with
driveways on the opposite side of the lot from the common driveway; a perpetual
ingress/egress easement is required to be bled with the Ada County Recorder,which shall
include a requirement for maintenance of a paved surface capable of supporting fire
vehicles and equipment.
Access[UDC 11-3A-3 and 11-3H-�]:
Access is proposed via a collector street,E. Quartz Creek Street via S. Meridian Road at the half
mile consistent with 1TD,the MSM and the UDC. 1TD mitigation for the mid-mile access
requires the applicant to restrict the access to a right-in/right-out/left-in only access. Direct lot
access is prohibited to both the proposed collector street and S. Meridian Road. As noted above,
a portion of the collector street is an off-site improvement to facilitate a Meridian Road
access to this property. The applicant is going to exchange a small sliver of de-annexed
(north boundary) property to the adjacent property owner in order to construct a portion
of this roadway.The 50-foot permanent easement will be constructed to ACHD standards
as a 30-foot paved street section,3-foot gravel shoulders and 7-foot drainage ditches on each
side.If a WASD bus stop for this development is located adjacent to Meridian Road,staff
recommends that the applicant coordinate with ACHD to construct a 5-foot wide detached
sidewalk along the entire north side of the E.Quartz Creek with the first phase to ensure
safe passage to the school bus stop.
Internal local streets provide access to the residential lots. The applicant is also proposing four(4)
gve (53 stub streets along the north,south and east boundary for future extension. A secondary
emergency access is proposed in the northwest corner of the development to S.Meridian Road.
MF❑ has limited the number of homes in this development to 30 until the secondary access is
provided.
F' 7
Meridian City Council Meeting Agenda Selbmawy725P2020-Pi:@agb7Z3ff 6f342
Landscaping(UDC 11-3B):
Street buffers are required to be provided as set forth in UDC Table 11-2A-6 for the R-8 district
and landscaped per the standards listed in UDC 11-3B-7C.
A 20-foot wide buffer is required along E. Quartz Creek Street,a collector street; and a 35-foot
wide buffer is required adjacent to S. Meridian Rd. (SH 16), an entryway corridor as proposed.
The street buffer landscaping depicted on the landscape plan in Section VII.0 far exceeds UDC
standards. Any landscaping within the IT❑ shall be landscaped in accord with UDC 11-3B-7C.5.
Qualified Open Space[UDC 11-3G-31:
A minimum of 10%(or 2.85 acres) of the developed site is required to be provided for qualified
open space based on 28.51 acres per the standards Iisted in UDC 1 I-3G-3B.
A qualified open space exhibit was submitted as shown in Section VILD that depicts 3.66
3-.52 acres(or 12.84 12.36%) of open space; however a majority, of the open space is located
adjacent to major roadways(Meridian Road and E. Quartz Creek Street). The applicant
has increased the size of Lot 6, Block 3 to provide additional common open space that is
internal to the development.Staff is supportive of the common open space proposed with
the development, ,
with Lot 5 to provide a lorger eentral open spoee within the development.
All stonnwater detention facilities counted toward qualified open space are required to be
designed in accord with the standards listed in UDC l 1-3B-1 IC.
Open pond on Lot 4,.Block 8 must comply with UDC 11-3G-3 and cannot exceed 25%of the
proposed open space lot in accord with UDC 1 1-3G-3B.8.
Qualified Site Amenities(UDC 11-3G):
A minimum of two(2)qualified site amenities are required to be provided for the development
based on 28.51 acres of land per the standards listed in UDC 11-3G-3C.
Amenities are proposed as follows: a covered seating area,tot lot with seating benches.
micropaths and a segment of the City's 10-foot multi-use pathway in ereess of UDC standards.
Parking(UDC 11-3 :
Parking for single-family dwellings is required based on the number of bedrooms per unit. For I-
bedroom units,a minimum of 2 spaces per unit are required with at least one of those spaces in an
enclosed garage,other space may be enclosed or a minimum 10' x 20' parking pad. For 2-3
bedroom units, a minimum of 4 spaces per unit are required with at least 2 of those spaces in an
enclosed garage,other spaces may be enclosed or a minimum 10' x 20' parking pads. Each of the
units are required to comply with the parking staridards set forth in UDC 11-3C-6.
Fencing(UDC 11-3A-7, 11-3H-4D):
All fencing constructed on the site is required to comply with the standards listed in U DC 1 1-3A-
7.
A 4-foot tall berm with a 6-foot tall concrete wall on top is proposed along the west boundary of
the site adjacent to S. Meridian Road as noise abatement for residential properties from the future
state highway as required by UDC 11-3I1-41)(see exhibit in Section VII.D). An exhibit should
be submitted with the final plat applications for Phase l that depicts the centerline SH-64 to
ensure the top of the berm/wall combination is a minimum of 10 feet higher than the
elevation at the centerline of the state highway as required.
1'a��c ti
Meridian City Council Meeting Agenda Salwaawy725P2020-Pi:@agb7B37F 6B342
Sidewalks(UDC 11-3,4-1�):
Sidewalks are required within the development in accord with the standards listed in UDC l 1-3A-
17. A 10-foot multi-use pathway is required along S.Meridian Road in accord with UDC
11-3114C.3.
Utilities(UDC ll-3A-2&
Connection to City water and sewer services is proposed. Street lighting is required to be installed
in accord with the City's adopted standards, specifications and ordinances.
See Section VI1I-13 below for Public Works comments/conditions.
Pressurized Irrigation System (UDC 11-3A-15):
An underground pressurized irrigation system is required to be provided for each lot within the
development.
Building Elevations:
Conceptual building elevations were submitted for the proposed single-family detached dwellings
as shown in Section VII.F. A variety of l-and 2-story homes are proposed in an assortment of
building materials.
Because the rear and/or sides of 2-story structures that face S.Meridian Rd.,an entryway
corridor,will be highly visible,Staff recommends they incorporate articulation through
changes in two or more of the following: modulation(e.g. projections, recesses,step-backs,
pop-outs),bays,handing,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-stain,simetures are exempt fivin this requirement.
VI. DECISION
A. Staff:
Staff recommends approval of the proposed de-annexation. rezone,development agreement
modification and preliminary plat per the conditions included in Section VII1. in accord with the
Findings in Section 1X.
B. The Meridian Planning&_ finning,Commission_ heard these items_on November 7,2019._At the
public hearing, the Commission voted to recommend approval of the subject De-annexation,,
RZ, PP and MDA requests.
1_ Summary of Commission public hearing_:
a. In favor: Matt Shultz
b. In opposition: None
C. Commenting: Carl Reiterman
d. Written testimony:None
e. Staff presenting application: Bill Parsons
f other Staff commenting on application; None
2_ Key issue(s)of public testimony
a. Sewer and water stubs to the north property.
3. Key issue(s)of discussion by Commission.
a. Number of amenities required by City code.
b. Re-orienting some of the proposed open space in the northeast corner to a more central
location within the development.
K. Topo-graghy of the site
Meridian City Council Meeting Agenda ffalmaafy72502020-Pi:@ag;6723 f 6B342
d. Extension of the 5-foot detached sidewalk along the the north boundary of the off-site
portion of E. Quartz Creek Street.
e. Full access to Meridian once the future signalization is warranted by ITD.
f. Coordination with Brighton Corporation on stub street and sewer and water locations on
the east boundary.
4. Commission chang (s)to Staff recommendation:
a. Commission struck site specific conditions of approval 2A and 3A.
b. Commission modified site s ecific condition of approval 2B to add verbiage the
Meridan Road access may be considered as a full turning movement when ITD
determines the need for a traffic signal and completes the Meridian Road Corridor
Stj
S. Outstandingi ssue{,$) for City Council:
a. None
�_1 �sAdiCQnci�� ars1is�it�ro�vr�lL1Qlh ��blic_heari� he9�tiil
YotcdI =T—o-yc-t "u taUDA R��A w �P reauest�
I, Sjmmary of-tI}e—C tyY_nu crl u�blic earin :
a, in farm Matt-saultz
k. In_gppoitian,1Nmc
c- Commenting: None
(. Waluyust]monk Q[Wo
e_ ff�r—esentin ication. Bill Parsons
f Other Staff eommentina on application: Joe Bong_i rn
2. Ke -issue, I'dpublic-testarwur =
a. None
'- ICey issues of discussion l� �tX���n�il:
iL Inc�e�fie-a-v-unt-Qf 4 cn=sWe
Demon of the second emergency access in the n-o-rthwest corner of the�rOposed
�leYelnprn�.. --- -- - ------ ------- --
C. _Applican paving his Dor rotinate share towards intersection improvements at Amity
and Lake Hazel.
d Meridian RosdituproYemeints_w_ith_frst=phm.
c. Repl cin�_the eazebo-wift-a-Ibrhe c-
f. Council Qranted the request for the extended block length of Block 1 with tr-ffi�
lznin 35mmen�drision ---- _
4 Citv ouncil change s to Commisn recommendation:
a� None
Page 10 -
Meridian City Council Meeting Agenda EFabnraafy72502020-PA age783R 6M42
Vll. EXHIBITS
A. De-Annexation Legal Description & Exhibit Map
DESCRIPTION FOR
DE-ANNEXATION PARCEL
PERCY SUBDIVISION
A portion of Government Lot F of Section 31, T 3N., R.1 E , B.M., Meridian, Ada
County, Idaho more particularly described as follows-
Commencing at the VV114 corner of said Section 31 from which the NW corner
of said Section 31 bears North 00°37'56" East, 2641.54 feet,
thence along the Cast-West centerline of said Section 31 North 89'57'28"East,
60.94 feet to a point on the East right-of-way line of S. Meridian Road;
thence leaving said East-West centerline and along said East right-of-way line
300.00 feet along the arc of a non-tangent curve to the right, said curve having a radius
of 57,235.78 feet, a central angle of 00"16'01" and a long chard which bears North
00027*11" East, 300,00 feet to the REAL POINT OF BEGINNING;
thence continuing along said East right-of-way line 20.00 feet along the arc of
curve to the right, said curve having a radius of 57.235.78 feet, a central angle of
00'01'12"and a long chord which bears North 00`36'48" East, 20.00 feet;
thence leaving said East righ:-of-way line North 89"56'59" East, 719.56 feet;
thence South 00'07'32" East, 70,09 feet;
thence South 30°58'40" East, 126.57 feet,
thence North 40"1 4'27" West, 207.58 feet;
thence South 89657'28'' West, 650.98 feet to the REAL POINT OF
BEGINNING. Containing 18,265 square feet, more or less.
` INS -Q'�.pG
Cr
7729 om
� oF
Page I 1
Meridian City Council Meeting Agenda ffabnaa6125i72020-dRagb72419 6B342
S'25 S.30 E. AMITY ROAD
5.36 TS.31
I
rl
I
I
PERCY FARMS. LLC
w Ly
m
oa L'+ C2- _N89'56'59"E 719,56'_� ss=t. 54'D732"E
S89'S7'2$"W 650.98' 70.09'
m m + RPOB 530'58'40"F
vi e��126.57'
JGSE ASEC JINGLAZA N40'14'27"W
v 707.58'
1
+1/4LN29'57'28"E
80.94' - -- ._ -- - ---
S.36 S.31
SHAFER VIEW ESTATES SUBDIVISION
LA
N, NSF `�G,P
`v CURVE TABLE
{ 7{{7 2` 9 Xp CURVE 1 RADIUS LENGTH CHORD DIST, CHORD 9RG, DELTA
1 I I II+ tq C1 57235.78 300.00 300.00 140'2711"E 0'18'01"
CF � �� C2 57235-78 2D. 0 20.00 N0'36*48"E 0'01'12"
25 100 4f.1G
❑ 50 200 Boo
SCALE: 1" = 200'
1C]P1F40~ EXHIBIT DRAWING FOR sa4�.
9MSW CkFRAL�6T DE—ANNEXATION PARCEL
SURVEY PERCY SUBDIVI5ION �
GROUP, LLC Dwa.�A+E
I�CAIE❑R+CVYEF@OAF.Nt LnT 7 OF 9ECTIDH�l,T.FI..R,IE.,
4ERIDµX AOA C"TY.IOAND
Page 12
Meridian City Council Meeting Agenda Babnaafny725P202-0-P,@aWM 66,242
B. Rezone Legal Description and Exhibit Map
DESCRIPTION FOR
PERCY SUBDIVISION
RA TO R-8 REZONE
A portion of Government Lot 2 of Section 31, T.3N R-1E., B-M., Meridian,Ada County,
Idaho more particularly described as foltows.
Commencing at the W114 corner of said Section 31 from which the NW corner of said
Section 31 bears North 00°37'56" East,2641,54 feet;
thence along the West boundary line of said Section 31 North 00037'56"East, 320.00
feet to the REAL POINT OF BEGINNING.
thence continuing along said West boundary line North 00"37'56" East, 1,000.77 feet to
the NW corder of said Government Lot 2;
thence along the North boundary line of said Government Lot 2 North 89°39'29"East,
1,186-00 feet to the NE corner of said Government Lot 2;
thence along the East boundary line of said Government Lot 2 South 00'31'21"West,
1,326,94 feet to the SE corner of said Government Lot 2�
thence along the East-West centerline of said Section 31 South 89°57'28"West, 326.22
feet;
thence leaving said East-West centerline North 05°35'32"West, 142-10 feet;
thence North 30"58'40"West, 126.57 feet;
thence North 00'07'32"West, 70.09 feet;
thence South 89°55'59"West, 779.56 feet to the REAL POINT OF BEGINNING.
Containing 30.02 acres, more or less-
"
7 729
%1D
G.G
Page 13
Meridian City Council Meeting Agenda ffabnaaww25i]202-0-PJ�aqV3521426E342
S.25 S,30 E. AMITY ROAD
5.36 S.31'--
7x I.i
1
I
I
a
UNPLATTED NE CDR
GOYT Lot' 2
N69'39'29'E 1166.00'
i
. � nI
a 0 o PERCY FARMS, LLC
r r r r r r r i
EXISTING R-4 TO
_ R-8 REZONE I�
a u� d 1307749 T/ N
0 M W r'7 30.02 A.C. ✓ r
�'
gab I3
� z a
J En
f E7
N
RPO13
_ NO'❑7 32'W
S89'56'59"W 779.56' 70.09' f
N30'58'40`W
I o JOSE ASEGIINOLAZA 126.57'
N5'35'32"W
142.10* A'
1/4Sfi9_57'2B"W
S.36 5.31 N69'57'28"E 862.24' 326.22'
SHAFER VIEW ESTATES SU13CJIVISIDN
,otih' `pis J rL
..a
J7729�I c' 150 ��
L"A '7�tx11`-1 0 6 75 300 90D
Y G.��� SCALE; 1" = 300'
IDAHO REZONE EXHIBIT -- DRAWING FOR
WLSW FNEIWL09T R-4 ZONE TO R-8 ZONE Nd.
SURVEY I I B;,R;;oF PERCY SUBDIVISION 1
GROUP, LLC LAQATLD IN GWARN1ENT LOT 2 OF SECTION 71.T.]N..RIt.4IX, M,DATE
WOWS.ADA 0"TY,IDA119 5/24/2019
Page 14
Meridian City Council Meeting Agenda SaIDnaafnyr25i72020-RRaW242 6f�342
C. Preliminary Plat(date: l I/11/2019)&Phasing Plant
FL,,^._ _ 9
PF,rRCY Si1f3DIVIS'ln,V j
..:i•• _S: ... war
W
MUM.rnlouw.rovne�w
o
✓•RY �� 'x1r_
sr.�• P1.0
77,
it II �' N•_- (I .iJ + 1I•r r•! q -�� a •
12
_t I I. � :r• I -—•]. � -, • ' _ i� � �A• — ""'�I mr.v.cr.+mm�xnX.rsnaJl Ili �s
}. rzner .•.
yI �•e�+®Tj'1` % r7r. A� p r 'p� �wrxnmxamv xm.arsw e�+w
r.. y
II F '- r�
! ! I + C7 r
-L
If
ILI
Page 15 -
Meridian City Council Meeting Agenda naaff?50202-0-PJ�agltB24465342
o m rn rn n °Mo' r rn m (N N a
I M rn rn
1-7 to X) u i u7 I[T � Oil [` to r� In r 8i
co a a p o 8,210
8,230 9,034 v n�i Q) r n
[O (O n r• T. f�
m id kD
[Y
1 N 5,050
Ln
7,963 5.750
o 0 o
6,465 5,900 10,844 N o or. � 8
r1 8,510
6.294 6,900 .004
8,584
6.122
6.916 iIt
6,644 19, 2 9,037 9,233 8,050
7.368 5,895 � _
7,t 33
7,70,0 7,700 7,700 7,700 8,050
64900 6,900
7,140 6,60fl 6,600
I b,600 6,600 9,385
I 5,955 8.9fl0 5,900
7,700 7,700
5.960 51900
7,700 7,700
6,99p
600 6,600
7,186 5,750 5,750 6,600 6,600 6, 9,117
5,970 7,495 7.355 6,8fl5 6,668
7,2fi8 7 5 8,263
5,975
5.980
o
k DO H a a o a �
Lb
I
,� Y r+) N
N � o6,065 Ed Ln Ln �ul ❑1N C° N 7,789
PHASING PLAN 7,539
50,476
PHASE 1-53 LOTS B,675
PHASE 2-50 LOTS
$a 48
Page 16 -
Meridian City Council Meeting Agenda Fadmaayy72202020-PI�sq B24r9 66342
D. Open Space Exhibit and Landscape Plan{date: 12/2/2019 &Amenities
CITY OF MERIDIAN OPEN
SPACE REQUIREMENTS
I]ALIFIE11 OPEN SPACE T
F wr Kett 16zxvtR.os �!� .0 096-
es ,oh nc s� wx�rlm Are eaaw
uum
LANDSCAPELEGEND
OWLFEP OM SPACE
T1. I .
Ij
� I
i J-
} I
l i_
yes.�.10if SC,R.I .4.E�.* - ='.P AritiW'AY'•
— —— — — — f
}
� y
I I
1
I i �
, •PEh:+`S 3O.�. .
"------QUARTZ_ —4�E.h�'�:�R in.\PFh nY—�N.EY 35=A.✓- eY.,[yln+'
CREEK 8T.—
Scale:�•=soo•
�- PERCY SUBDIVISION� =2CTIVI9 PRa�Eorx i9a44
MERIDIAN, IDAH❑
_ _ - -- OPEN SPACE EXHIBIT X-1,0
Page 17
Meridian City Council Meeting Agenda ffabnaa6725i72020 6F�342
aYOfYELEF'EJL0.Y]
E
�-
I
E.N QSF. �.
E
I '-- 7i :1
E E E 1 Y i l
E
--
I
s
PERCY SUBDIVISION
S. MERIDIAN ROAD y�
MERIDIAN, IDAHO 83642
Page IS
Meridian City Council Meeting Agenda Fadmaaff?5 72®2-0-P aW947f 66342
CRY OF MEFDAN W
LAa65CAPE REO111REPAEN(M
1 1 Azw_ r _ ¢F g
a p w
cc
T pTY OF WFIIRIAN OPEN SPACE W j
I REgiJIREMENT'$ �
. - --- ,• -� CITY OF MERIDIAN FEKUNC
F..77
``��.•.. _ _. _. -1=—ram LAWUC VIE LEGEND
LU
WA :.sz,
L-cam.
71
- - -i I
muel
Page 19
Meridian City Council Meeting Agenda ffialmaawyr25j7202-0-P,.@aW2426f342
u
! S iZZ,
4;ir
+- i - I - - _ ---•mayy• -;�,....�i�,'4� �" _ :�...v—»:=:r-.a��-»
1 �•y+ _l:Y:''•ti 'Y;•. -+!' LnNM�J.GiLQ
1 iX, Rr -r
-C
g
�z a
I �
i � I�FILRRUSCPPC PLAN�R9CA T'kD
W' :-SCHFDULEt l
ij it
_ ....
1•,'117JVL FENC P _ __ �1NEY iJAP
--- � - -- � - �W
j F 2 5
1 € p �,•� - $a Q
Out Lr-GEW
r,' �......�- fatal
Y. _ .
- •'•1' .. — — s i
�. -.:.-�-cs•= {��..-.-._._..T.�.-�—•------`--.�___L i �-�. �::;�;,�" -sac
1lANi]®OAPE PLAN-AREA TEE _ %�:�-
H7 Y
L1.3
Page 20 -
Meridian City Council Meeting Agenda S-atanaawyr25i]202-0-P�aW24&65342
! �:�; -- •_ Imo.�...:�_ ._.--. �
Ln, ,��.rsr�- ram•,=.�.:r �:ti's:T:::gym:.s�:s• ty~
."s.:� _.w�.. __. .._ ....�,... �?�•� die," �
t�a�u y-.�xsi:'ugx_ -.. -- - .. ...- ......_. „- -tea.-a7t• _ � .-�=� I iII
'N.�.:=� �..51.:''.S.--�.:..�Y.�'J!•:;.:7::.�i"�S.`-C7P-•«'.0 �Z I v.a2::.«.. I - �?-'fWYrlh
0�3'��.��a6 may'�.,.6"'�.5r�7.:.n^^^ = w'G�S`�L'— •....F. ......,_.
:•.i.�iria7ia-- 7q
=mow_„ess .,,..-.. iTs=:..., � - �„=::�,; �'►arT ... ..,
qf� _ max•.::. �:a:.•ti:w-•�- •-�+„���_-
ear'• �t' '�3�irs? .i :-r.•'.`xi.•.c+�i�:az::.si' -. ��.R.`w..._ fi m n x�a❑�a�,II
_ r�-...r.�_�._...._ter......� _' �7::.w1.2.r�j�.«=«'».5,���•1-:_• x O_
==-Vp:••'.i -y»: i a _�-. - »_ f x SAt9lFEP�7y�= pJA NG• E oou�i
YYa:EQh6�4TEAtQir M07E _ Y
or =r7
wm
- :�--
I 3 i-0 J-
Page 21 —
Meridian City Council Meeting Agenda Satanaawy725i]202-0-P�.;@aqW35B5ff N5342
1
i
Page 22 —
Meridian City Council Meeting Agenda Fadmaeff?5Q202-0-PJ�aqRD25165342
i
,�1a8[i.11 i i■■■■■■■■■I Y111i iiif �:
r,
E. Lot Size Exhibit
Allco
7 �2
__j
8.230 9.034 tn co Q 8 8 0 9.054
r-7
co r- to
7,993 5.750
6,465 6,9aq 10,844
8.510
7,021
9,233
7,36h 5. 8.510
8,360 7.700 7,700 8,510
6.600 6,6tl0 7.700 7,7fi0
8.510
7,700 7,7gq 6.600 6.600
51600 61600 600 8.510
6.
5,970 7,495 7.355 7.268 7, 805 6.668 8,581
135
m
In 0
c-6,0B5 � 0
g) c)
PERK Y SUBDIVISION
7,539
113 LOTS — R8 ZONE 22 — 5000's(19%)
28.51 ACRES 31 — 6000'3(27%) 81875
3.96 LOTS/ACRE 33 — 7000's(29%)
27 — 8000's+(24%) 13,148
............
Page 24
Meridian City Council Meeting Agenda FFadmaajy725P2020-P�aglt9253 66342
F. Conceptual Building Elevations (Photos)
mm a�
M
mW
1 +►
- Page 25 —
Meridian City Council Meeting Agenda ffadmaaff?5 1202-0-P,@aqR935465342
I '1 � � "m t!r+►
` I! IIII Ili
Page 26 -
Meridian City Council Meeting Agenda Fadmoaff?5Q2®2-0-P�AaqrZ945ff 615342
Vill. CITY/AGENCY COMMENTS & CONDITIONS
A. PLANNING DIVISION
1. Prior to the rezone ordinance approval,the applicant shall submit and obtain
approval of a County rezone and property boundary application to ensure the de-
annexed portion of the property(0.42 acres) is assigned a County zoning designation
and consolidated with the adjacent southern parcel.
2. Within six(6)months of Council's approval of the findings for the rezone and prior to
submittal of a final plat application,the developer shall sign and obtain Council approval
of the development agreement with the following provisions:
a. Future development of this site shall comply with the preliminary plat, landscape plan,
and conceptual building elevations included in Section VII and the provisions contained
herein.
h. The applicant shall comply with the phasing plan as shown in Exhibit VII,C.revise
the phasing plan to eanstr-Het ittl of the Meridian Road ffontage impr-H-Vefflents (10
first phase;
c. The applicant shall coordinate with ACHD on the construction of the entire length
of E. Quartz Creek Street with the first phase of development,including a 5-foot
wide detached sidewalk on the north boundary. If Western Ada School District does
not require a school bus stop at the intersection of Meridian Road and E. Quartz
Creek Street,the 5-foot wide detached sidewalk is not required to be constructed
along the off-site portion of the roadway.
d. The rear and/or sides of 2-story structures that face S.Meridian Rd., an entryway
corridor,shall incorporate articulation through changes in two or more of the
following: modulation (e.g.projections,recesses,step-backs,pop-outs),bays,
banding, porches,balconies,material types, or other integrated architectural
elements to break up monotonous wall planes and roof lines that are visible from the
subject public street. Single-stoy)�structures are exempt from this reguire►new.
?_ The preliminary plat included in Section VILB,dated '0' ° 11/11/2019 shall be revised
as follows:
a. Lot 6 and 7,Block 4 shall h e consel'dated with Lot 5 to provide mo re eentr-ai op en
'thin the development.
b. Applicant shall construct traffic calming in S. Ventura Ave. to mitigate for the extended
block length as shown.
c. Direct lot access to S. Merdian Road and E. Quartz Creek Street is prohibited.
d. Access to S.Meridian Road at the mid-mile(E. Quartz Creek Street)shall be limited to a
right-in/right-out/left-in only until ITD completes the Meridian Corridor study and
determines if future signal is warranted to allow a full access. The applicant shall comply
with all ITD mitigation measures per the TIS study.
Page 27 -
Meridian City Council Meeting Agenda Salwaawy725p202-0-P,@aW�ZW 6$342
e. No more than 30 homes are allowed to be constructed in the development until the
secondary emergency access is provided.
3. The landscape plan included in Section VII.D,dated ""30, 2019 12/0 /2019 shall be revised
as follows:
a. Applic-ant Shall eenselidake lets 5, 6 and 7, Block 4 per-site speeifte esfidition 2a. above.
b. Open pond on Lot 4,Block S must comply with the standards set forth in UDC l l-
3G-38.8. The pond cannot exceed 25 percent of the common lot.
c. A fencing constructed in the development shall comply witli UDC I 1-3A-7.
d. An exhibit must be submitted with the final plat application for Phase 1 that depicts
the centerline SH-69 to ensure the top of the berm/wall combination is a minimum
of 10 feet higher than the elevation at the centerline of the state highway as
required.
e. All stormwater detention facilities counted toward qualified open space are required to be
designed in accord with the standards listed in UDC 11-313-1IC.
f Any landscaping within the ITD right-of-way shall be landscaped in accord with UDC
11-3B-7C.5.
4. off-street parking shall be provided for this site as set forth in UDC Table 11-3C-5 and
11-3C-6.
5. A 14-foot wide public pedestrian easement is required to be submitted to the Planning
Division for the multi-use pathway; coordinate the details of the easement with Kim
Warren, Park's Department. The applicant shall have an ongoing obligation to maintain kill
pathways.
6. An exhibit shall be submitted with the final plat application for the lots[Lots_7 and 8,
Block 2, Lots 2, 3 and 4, Block 6 and Lots 30 and 31, Block 3] accessed by the common
driveway that depicts the setbacks, fencing, building envelope and orientation of the lots
and structures in accord with UDC 11-6C-3D. Driveways for abutting properties that are
not taking access from the common driveway(s)shaIl be depicted on the opposite side of
the shared property line away from the common driveway. Solid fencing adjacent to
common driveways is prohibited unless separated by a minimum 5-foot wide landscaped
buffer.
7. Applicant shall comply with all ACHD site specific conditions of approval.
8. A perpetual ingress/egress easement shall be filed with the Ada County Recorder for the
common driveway,which shall include a requirement for maintenance of a paved surface
capable of supporting fire vehicles and equipment. A copy of the recorded easement shall
be submitted to the Planning Division OR a note placed on the face of the plat prior to
signature on the final plat by the City Engineer.
9. All common open space and site amenities shall be maintained by an owner's association
as set forth in UDC 11-3G-3F1.
10. The project is subject to all current City of Meridian ordinances,
11. Comply with all bulk, use,and development standards of the R-8 zoning district listed in
UDC Table 11-2A-5.
Page 28 _.
Meridian City Council Meeting Agenda Selbmafy725P2®2-0-PA�acj?�9857 65342
12. The final plat, and any phase thereof, shall substantially comply with the approved
preliminary plat as set forth in UDC 11-613-3C2.
13. 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 I I-513-7.
B. PUBLIC WORKS
Site Specific Conditions of Approval
1. The current plan depicts a single water main serving the entire development, which does
cause a concern for water quality. This concern will be mitigated by looping the water mains
together with future developments.
General Conditions of Approval
2_ 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.
3. 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.
4.. 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 Ay and an 8112"x 1 I"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 casements must be submitted,reviewed,and approved prior to development
plan approval.
5. 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.
b. All existing structures that are required to be removed shall be prior to signature on the final
plat by the City Engineer. Any strictures that are allowed to remain shall be subject to
evaluation and possible reassignment of street addressing to be in compliance with MCC.
7. 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 l 1-3A-6. In performing such work,the applicant shall comply with Idaho Code 42-
1247 and any other applicable law or regulation.
Page 23
Meridian City Council Meeting Agenda Salwaawy725P2020-P�;@aqR32W 65342
8.. Any existing domestic well system within this project shall be removed from domestic
service per City Ordinance Section 9-1-4 and 9 4 S contact the City of Meridian Engineering
Department at(208)998-5500 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.
9. Any existing septic systems within this project shall be removed from service per City
Ordinance Section 9-1-4 and 9 4 S. Contact Central District Health for abandonment
procedures and inspections (208)375-521 1.
10. 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.
IL 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.
12. 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
perfonnance surety for such improvements in order to obtain City Engineer signature on the
final plat as set forth in UDC 11-5C-3B.
13. 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.
14. 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.
15. Applicant shall be responsible for application and compliance with any Section 404
Permitting that may be required by the Army Corps of Engineers.
16. Developer shall coordinate mailbox locations with the Meridian Post Office.
17. All grading of the site shall be performed in conformance with MCC 11-12-3H.
18. 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..
19. 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.
20. 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 certif.ication will be required
before a certificate of occupancy is issued for any structures within the project.
21. 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.
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
bttp://www.meridiancity.org/publie—works.aspx?id=272.
Page 30
Meridian City Council Meeting Agenda EFabnaary 25�)20i20-P iR*qi�_qB59f 6B342
23. 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.
24. 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 887-221 I.
2. FIRE DEPARTMENT
htty:Ilweblink.meildianein%oi�Llweblink-8l0Idoc1177698/Page1.aspx
3. CENTRAL DISTRICT HEALTH DEPARTMENT(CDHD)
http:llweblink.weridiancih org1WebLink81Dyc View.aspx?id=177692
4. COMMUNITY PLANNING A5SOCIATION OF SOUTHWEST IDAHO
http:Ilweblink.mer•idianci U.om&eb1ink8101doc1178324IPage 1.aspx
5. DEPARTMENT OF ENVIRONMENTAL QUALITY
htIp:llwebIink.mer•idiancin°.oi-zA eblitik8101doc11783701Page1.aspx
6. BOISE PROJECT BOARD OF CONTROL
htW Ilvveblink.mer-idiancity.otglWebLink8/DoeVieri,.uspr?id=177671
7. ADA COUNTY HIGHWAY DISTRICT(ACHD)
http:llwebl irrk.n?eridranci n,.orgliveblirrk8101cloc1178806IPcrge1.aspx
8. POLICE DEPARTMENT
l. Police Response Time-
The proposed Percy development application is approximately 4.5 miles from the Meridian
Police Department. The expected response time to this area in an emergency is about 5-6 minutes.
The average response time in the City of Meridian is just over 4 minutes.
Between 91112018-8/31/2019, the Meridian Police Department responded to 41 calls for service
within a mile of the proposed development. See attached documents for details.
Between 91112018-8/31/2019, the Meridian Police Department responded to 9 crashes within a
mile of the proposed development. See attached documents for details.
2. Accessibility—
The Meridian Police Department would request that IF any access to the proposed development is
off of State Highway 69 that it be limited to left-in and right-In/right-out only(no left out).
Ultimately the police department would prefer a traffic signal at the void-mile prior to the
Page 31
Meridian City Council Meeting Agenda S-albmawy725p202-0-P,@agZ32W 6f342
development construction. This would allow for safer left-out traffic and reduce or eliminate
high speed broadside accidents.
3. Resource needs
This proposed development is on the edge of the city limits. The Meridian Police Department
will be servicing Gray Cliff Estates and Stapleton Subdivision to the north when finished. As of
now no additional resources are needed at this time. Once all the surrounding areas come on line
it may require future additional police resources in this geographic area.
4.Other comments-
The Meridian Police Department has no outstanding issues concerning this development
application.
All qualified open space provided in the development, to include all amenities,must be in an
open area in order to allow for natural observation opportunities. Pathways and landscaping
should not create hiding spots or blind spots that would promote criminal opportunities.
The Meridian Police Department will support all Community Development Staff
recommendations, Traffic Impact Studies from ITD and or ACHD to improve access,roadways,
intersections,pathways and sidewalks before the project if fully completed.
Page 32 -
Meridian City Council Meeting Agenda ffalbmaafy72502020-PAagMMf 6f342
I.X. FINDINGS
A. REZONE(UDC l 1-5B-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 ail
annexation and/or rezone,the council shall snake the following findings:
1. The map amendment complies with the applicable provisions of the comprehensive plan;
The Council_finds the proposed density and associated R-S zoning designation is consistent
with the applicable provisions of the Comprehensive Plan in regard to the LDR and MDR
f aure land use map designations,for this site.
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 and subsequent development will
contribute to the range of housing opportunities available in the northern portion of the Cio}.
3. The map amendment shall not be materially detrimental to the public health, safety, and
welfare;
The Council.finds that the proposed zoning amendment will not he nraterialJjl deh imental to
the public health, safety, or welfare.
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 inc iuding, but not iimited
to,school districts., and
The Coouncil./finds that the proposed Zoning amendment will not result in anv adverse impact
upon the deliver,of'services b},anyy political subdivision providing services to this site.
5. The annexation(as applicable)is in the best interest of city.
Because this application is for a rezone, this finding is not applicahlc-
B. PRELIMINARY PLAT(UDC 11-6B-6)
1 The plat is in conformance with the comprehensive plan and is consistent with this unified
development code;
The Council finds that the proposed plat is in substantial compliance with the adopted
Comprehensive Plan in regard to land use, transportation, and circulation. Please see
Comprehensive Plan Policies and Goals, Section Vll, of'the Staff Report.for more
igforrnation.
2. Public services are available or can he made available ad are adequate to accommodate the
proposed development;
The Council,finds that public services will be provided to the subject propertt,upon
development. (See F—rhibit B of the Staff Report.for more details from public service
ice
providers)
Paiw 3
Meridian City Council Meeting Agenda fFabnraaty725Q2020-Pr@aW21626f342
I. The plat is in conformance with scheduled public improvements in accord with the city's
capital improvement program,
Because Citrr realer and sexier and anY other trtililies will be provided by the developer at
their own cost, the Council find s 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;
The Council relied upon comments.fi•oin the public service providers (i.e„ Police, Fire,
ACHD, etc.)to determine this finding.inding. (See Exhibit 8 fi)r more detail.)
5. The development will not he detrimental to the public health, safety or general welfare;and
The Council is nol aware of anv health, safety, or environmental problems associated with
the platting of'lhis property. ACHD considers road safety issues in their analysis. The
Council considered all public testimony presented to determine whether or not the proposed
subdivision naav cause health, .safet7,or environmental problems of'which they are unaware
of.,
h. The development preserves significant natural, scenic or historic features.
The Council is unaware ol'ai v.significant natural, scenic or historic features that creed to be
preserved with this development.
Page 34 -
Meridian City Council Meeting Agenda fFabnraary72502020-PAaW26&6f342