Lupine Cove Justin Fishburn H-2019-0133 (2020-110270) ADA COUNTY RECORDER Phil McGrane 2020-110270
BOISE IDAHO Pgs=40 HEATHER LUTHER 08/26/2020 02:48 PM
CITY OF MERIDIAN, IDAHO NO FEE
DEVELOPMENT A
PARTTES: I- City of Meridian
2. Justin Fishburn,Owner/Developer
TFUS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into
this 25th day of August ..... 2020, by and between City of Meridian, a municipal
corporation of the State of Idaho,hereafter called CITY who address is 33 E.Broadway Avenue,
Meridian,Idaho 83642 and Justin Fishburn,whose address is 4000N.McDermott Rd-,Meridian,IID
83646 hereinafter called LOPER.
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§67-6511 A 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 a
annexation, and zoning of 7.09 acres of land with an R-8 (medium density
residential) zoning district on the property listed in Exhibit "A" (attached),
under the Unified Development Code, which generally describes how the
Property will be developed and what improvements will be made-,and
1.5 VVHEREAS, Owner/Developer made representations at the public hearing
before the Meridian Planning and Zoning Commission and the Meridian City
Council, as to how the Property will be developed and what improvements
will be made;and
1.6 NMEREAS, the record of the proceedings for requested annexation and
zoning before the Planning and Zoning Commission and the City Council,
includes responses of government subdivisions providing services within the
DEvELopmENT AGREEMENT—LUPINE COVE(H-2019-0133) PAGE I OF 7
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City of Meridian planning jurisdiction, and includes finther testimony and
comment; and
1.7 WHEREAS, on the 4 h day of August, 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 he 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 ofMeridian 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 Justin Fishburn, whose
address is 4000 N_McDermott Rd.,Meridian,ID 83646,the party that owns
and is developing said Property and shall include any subsequent
owner/developer(s)of the Property.
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3.4 PROPERTY: means and refers to that certain parcel(s)of Property located
in the County of Ada,City of Meridian as described in Exhibit"A"describing
the parcel to be bound by this Development Agreement and attached hereto
and by this reference incorporated herein as if set forth at length.
4. USES PERMTI TED 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 and/or Developer shall develop the Property in accordance with the
following special conditions:
a. Future development of this site shall be generally consistent with the preliminary
plat, landscape plan and conceptual building elevations for the single-family
dwellings included in Section VIH and the provisions contained herein.
b. The rear and/or sides of 2-story structures on Lots 2-4,Block 1 and Lots 2,Block
2 that face N.McDermott Road 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.Single-
story structures 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.
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, Owners/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 Q 80)days;provided,however,that
in the case of any such default that cannot with diligence be cured within such
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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 Owners 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 Owners and/or 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
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.
D oPMENT AGRMvffirrr-LuP1NE Cove(142019-0133) PAGE 4 of 7
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it- 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/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
OV NER/DEVELOPER:
Justin Fishburn
4000 N.McDermott Rd.
Meridian,ID 83646
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
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,
DEVELOPMENTAGrtmeERNT—LUPME CovE(H-2019-0133) PAGE 5 of 7
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including City's corporate authorities and their successors in office. This Agreement shall be binding
on the Owner/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/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.
1 S_ 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/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/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]
D>vEwpmwT AGREEMENT-LUPINE CovE(H 2O19-0133) PAGE 6 of 7
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ACKNOWLEDGMENTS
IN WITNESS WHEREOF,the parties have herein executed this agreement and made
it effective as hereinabove provided.
O LO R:
f
-
Justin Fish urn
CITY OF MERIDIAN ATTEST:
By:
Mayor Robert E. Simison Chris Johnson, City Clerk
STATE OF IDAHO )
ss:
County of Ada )
On this 11�- day of c)VSf ,2020,before me,the undersigned,a Notary Public in and for said State,personally
appeared Justin Fishburn known or identified to me to be the person who signed above and acknowledged to we that he
executed the same.
IN WITNESS WHEREOF,I 4wo4ttruigto set my hand and affixed my official seal the day and year in this
certificate first above written_ �.•``�ti C0Ar,''�.,
(SEAL) ' �'•1`�dT�Y'• .1
y'om; p�1BL1C cooNotary Public fo o
•. p Residing at: 1 S G� l
''.,�.�' `'••••••• �, My Commission Expires:
rE Lp —�
STATE OF IDAHO )
:ss
County of Ada )
On this 25th day of August , 2020, before one, a Notary Public,personally appeared
Robert E.Simison and Chris Johnson,known or identified to me to be the Mayor and Clerk,respectively,ofthe City of
Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and
acknowledged to me that such City executed the same_
IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year in this
certificate first above written_
Notary Public for Idaho
Residing at: Meridian, Idaho
Commission expires: 3-28-2022
PAGE 7 of 7
Item#10.
EXHIBIT A
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JqCCiL�e��ss]d�� Sx MGLiff
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i4(�ao�aeiv.�L'sap�cilnx `� o
1602 W.Hays St.,Suite 306
Boise,ID 83702
www.accu ratesu rveyors_oo rn
Land Description-Annexation
A parcel of land being a portion of the Southwest Quarter of the Northwest Quarter of
Section 33,Township 4 North, Range 1 West of the Boise Meridian,Ada County,Idaho
being more particularly described as follows.
BEGINNING at the found 2-inch aluminum cap monument in asphalt labeled PLS 7729
at the Y4 corner common to Sections 32 and 33 In said township from which the found 3-
Y inch brass cap monument in asphalt with illegible labeling at the section corner
common to Sections 28,29, 32 and 33 in said township hears N 00'32'36'E~a distance
of 2633.71 feet;
Thence N 00'32'3b"E along the section line and along the centerline of N. McDermott
Road for a distance of 334.34 feet to a found 5/e inch iron pin upon which a 2-inch
aluminum cap labeled PL511463 was placed;
Thence N 85°03'27"E along the centerline of the McFadden Drain(aka Teeter Drain)
for a distance of 751.67 feet to a found 5/8t'inch Iron pin with a plastic cap labeled PL5
13256;
Thence 5 19'45'03"E along said centerline and its extension for a distance of 435.77
feet to a found 5/8"inch iron pin upon which a 2-inch aluminum cap labeled PLS 11463
was placed;
Thence N 99'17'46"W along the center section fine for a distance of 899.36 feet to the
POINT OF BEGINNING.
Parcel contains 7_086 acres,more or less. t
114639
1 r7 I q
OF%0
�I4 J.av
1602 W.Hays St.,Suite 306 n Boise,ID 83702 r. Phone:208-488-4227
www.accuratesurveyors.com
Lupine Cove H-2019-0133 Page 430
Item#10.
EXHIBIT A
AIVNIV.E'XA TI01V MAR
4000 N. MCDER6dOTT RO. MERIDIAN ID. 83646
LYING W TTH-HN THE SW 1/4 OF THE MW 1/4 OF SECTION W. .4N., R FW,, S.M.
29 28 Alo
2 SECT ON 00RVER LS
CP&F Nv. 20t9-0771R5
ILL EGf6Lf ,�
11463 �
o Min ,�7•i7•iQ�,
Pis �£
33
ti N 85Y]3'27" E 751.67 13256 OY J.
aoP�G
SET 2"ALUM. U+
W �(� CAP, PLS 51463 �p
4-
�s+
7 686 Acres w
SCALE: 1"=200'
a rr% 0-�/4 CORNER
Q
� SECTION 33
CP&F No, 106023324
32 33 ua9-17'46~w PLS 5467
I1&F ORNER pp�r N 89'T 7'46" W 699.36` SET 2-ALU+M, i738 38• Y "
70 16-12 0634C y�� CAP. PLS 11463
PLS 7729 AG
LEQND
BOUNDARY LINE
SE0770N LANE
FOUNO 3 1/2"BRASS CAP HAWS OF SrARIN{''
MONUMENT W ASPHALT N 00'32'36" E SEMEEN FOUND MONUMENTS IT4'0
FOUND 2-ALUM1NUbf CAP AT TN4 7/4 CORNER COMMON TO SE"C7701vS 7 '
MONUMENT W ASPHALT 32 & 33, AND TFIE .SECTION CORNER
COMMON TO SECTIONS 2& 29, 32, & M. �4
FOUND 6/8"IRON AN [+ 1002 W. Hays Street #800
WTFI PLASW CAP, OR AS NO70 i fit} Mee, Idaho 89748
(200) 409-4227
www.aConxateaurveyors.o n1
DATE: JULY, 2019 J06 19-179
Lupine Cove H-2019-0133
Page 431
item#�o. HIBIT B trem#s.
CITY OF MERIDIAN
FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EN
AND DECISION& ORDER
In the Matter of the Request for Annexation of 7.09 Acres of Land with an R-8 Zoning District; and
Preliminary Plat Consisting of 26 Residential Buildable Lots and 6 Common Lots on 7 Acres of
Land in the Proposed R-8 Zoning District,by Penelope Constantikes,Riley Planning Services.
Case No(s). H-2019-0133
For the City Council Hearing Date of: July 21,2020 (Findings on August 4,2020)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of July 21, 2020, incorporated by
reference)
2. Process Facts(see attached Staff Report for the hearing date of July 21,2020, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of July 21, 2020,
incorporated by reference)
4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing
date of July 21,2020, 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 as
Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has,by
ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian,
which was adopted December 17,2019,Resolution No. 19-2179 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.
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(LUPINE COVE—H-2019-0133) - I - Page 432
Item#10. Item#8.
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of July 21, 2020, incorporated by reference. The conditions are concluded to be
reasonable and the applicant shall meet such requirements as a condition of approval of the
application.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon
the above and foregoing Findings of Fact which are herein adopted,it is hereby ordered that:
1. The applicant's request for Annexation and Preliminary Plat is hereby approved per the
conditions of approval in the Staff Report for the hearing date of July 21, 2020, 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 11-613-7A).
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 11-613-713).
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
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(LUPINE COVE—H-2019-0133) -2-
Page 433
Item#10. Item#8.
agreement by all parties and/or may be requested to extend the time allowed for the agreement
to be signed and returned to the city if filed prior to the end of the six(6)month approval
period.
E. Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development
application entitles the Owner to request a regulatory taking analysis. Such request must be in
writing, and must be filed with the City Clerk not more than twenty-eight(28) days after the
final decision concerning the matter at issue. A request for a regulatory takings analysis will
toll the time period within which a Petition for Judicial Review may be filed.
2. Please take notice that this is a final action of the governing body of the City of Meridian.
When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person
who has an interest in real property which may be adversely affected by the final action of the
governing board may within twenty-eight(28)days after the date of this decision and order
seek a judicial review as provided by Chapter 52, Title 67,Idaho Code.
F. Attached: Staff Report for the hearing date of July 21,2020
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(LUPINE COVE—H-2019-0133) -3- Page 434
Item#10. Item#8.
By action of the City Council at its regular meeting held on the 4th day of August
2020.
COUNCIL PRESIDENT TREG BERNT VOTED AYE
COUNCIL VICE PRESIDENT BRAD HOAGLUN VOTED AYE
COUNCIL MEMBER JESSICA PERREAULT VOTED AYE
COUNCIL MEMBER LUKE CAVENER VOTED AYE
COUNCIL MEMBER JOE BORTON VOTED AYE
COUNCIL MEMBER LIZ STRADER VOTED AYE
MAYOR ROBERT E. SIMISON VOTED
(TIE BREAKER)
Mayor Robert E. Simison
Attest:
Chris Johnson
City Clerk
Copy served upon Applicant, Community Development Department,Public Works Department and City
Attorney.
By: Dated: 8-4-2020
City Clerk's Office
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(LUPINE COVE—H-2019-0133) -4- Page 435
Item#10. Item#8. IT A
STAFF REPORTC�WEIIDIAN ---
COMMUNITY DEVELOPMENT DEPARTMENT
HEARING July 21,2020 Legef '-
DATE:
�
TO: Mayor&City Council
FROM: Bill Parsons, Current Planning
Supervisor
208-884-5533
Bruce Freckleton,Development
Services Manager --- -------�
208-887-2211
SUBJECT: H-2019-0133
Lupine Cove
LOCATION: 4000 N. McDermott Rd., in the NW 1/4 of I.
Section 33,Township 4N.,Range 1 W. _
I. PROJECT DESCRIPTION
NOTE: On April 28, 2020, City Council remanded this project back to Planning and Zoning Commission to
provide a recommendation on a revisedpreliminary plat and landscape plan. Staff has updated the staff
report in a strike-through and underline format to represent the proposed changes to the plans. Originally,
Staff and the Commission had recommended denial based on previous versions of the plans. With the
revisions to the plans, Staff is recommending approval of the project. Staffs recommended development
agreement provisions and conditions of approval are provided below.
Annexation of 7.09 acres of land with an R-8 zoning district and Preliminary Plat consisting of twenty-
sixei&(268)buildable lots, sixseven( 7)common lots and two (2) other-lots on 7 acres of land in the
proposed R-8 zoning district.
Page 1
Page 436
Item#10. Item#8.
II. SUMMARY OF REPORT
A. Project Summary
Description Details Page
Acreage 7 acres
Future Land Use Designation Medium Density Residential(MDR)(3-8 units/acre)
Existing Land Use Residential/agricultural
Proposed Land Use(s) Single-family residential(SFR)development
Current Zoning RUT in Ada County
Proposed Zoning R-8
Lots(#and type;bldg/common) 269 buildable;6�common&2 ethe
Phasing plan(#of phases) 1
Number of Residential Units(type 25-7 new and 1 existing(SFR detached homes)
of units)
Density(gross&net) 3.714 gross/7.46 net
Open Space(acres,total [%]/ Based on the applicant's calculations 0.834-of an acre
buffer/qualified) (12.0544-7%)is being proposed.
Amenities Children's play equipment and gazebo and basketball eatR4
Physical Features(waterways, The Five Mile Creek/McFadden Drain runs along the northern
hazards, flood plain,hillside) and eastern boundary of this site.
Neighborhood meeting date;#of August 28,2019;9 attendees
attendees:
History(previous approvals) None
B. 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 One(1)access proposed via N.McDermott Rd.,a collector
Hwy/Local)(Existing and Proposed) street
Traffic Level of Service
Stub Street/Interconnectivity/Cross A stub street was required to the subject property from the
Access Aegean Subdivision to the north.The revised plan depicts the
extension of the stub street.,Nut the plan as submitted doesn't
..,«o.,,plate extension A4th this deve ,pme + A stub street is
proposed at the south boundary.
Existing Road Network None
Page 2
Page 437
Item#10. Item#8.
Fire Service
• Distance to Fire Station 3 miles from Fire Station#2
• Fire Response Time 5 minutes under ideal conditions; can meet the response time
goals
• Resource Reliability 8 1%from Fire Station#2—does meet the target goal of 80%or
greater
• Risk Identification Risk factor of 2—current resources would not be adequate to
supply service to this project(see comments in Section VIILC)
• Accessibility Project meets all required access,road widths and turnarounds
• Special/resource needs An aerial device is not required;the closest truck company is
12 minutes travel time(under ideal conditions)—Fire Dept. can
meet this need in the required timeframe if needed.
• Water Supply Requires 1,000 gallons per minute for 1 hour;may be less if
buildings are fully sprinklered
• Other Resources NA
Police Service
• Distance to Police 8.5 miles
Station
• Police Response 5:30 minutes
Time
• Calls for Service 241 for Reporting District M719(1/l/2019—12/31/2019)
• Accessibility No issues with the proposed access
• Specialty/resource This proposed development is on the edge of the city limits. The Meridian
needs Police Department already serves this area with the Oaks Development and
Jump Creek. As of now no additional resources are needed at this time. Once
all the surrounding developments build out such as Gander Creek,Aegean
Estates and Owyhee High School it will require future additional police
resources in this geographic area.
• Crimes 241 (1/1/2019—12/31/2019)
• Crashes 3 (1/1/2019— 12/31/2019)
• Other 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.
Wastewater
• Distance to Sewer Directly adjacent to McDermott Road
Services
• Sewer Shed North McDermott Trunkshed
• Estimated Project See application
Sewer ERU's
• WRRF Declining 13.81
Balance
Page 3
Page 438
Item#10. Item#8.
• Project Consistent Yes
with WW Master
Plan/Facility Plan
• Impacts/Concerns The maximum slope of sewer mainlines is 5.0%due to limitations on our
collections televising equipment.Please revise sewer grade between existing
SSMH(within McDermott)and the upstream manhole, SSMH Al.
Water
• Distance to Water 0 feet
Services
• Pressure Zone 1
• Estimated Project See application
Water ERU's
• Water Quality Yes-this development results in a long deadend water main which may result
Concerns in poor water quality. This deadend won't be eliminated until the Count
parcels to the south are developed.
• Project Consistent Yes
with Water
Master Plan
• Impacts/Concerns The water mainline in McDermott Road must be extended to the southern
property line extended.Water mainline sizes were not indicated on the plans,
however the McDermott line must be 12-inch diameter and the Lupine Lane
line as shall be 8-inch diameter.
Page 4
Page 439
Item#10. Item#8.
C. Project Maps
Future Land Use Map Aerial Map
Legend Legend
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III. APPLICANT INFORMATION
A. Applicant:
Penelope Constantikes, Riley Planning Services
PO Box 405
Boise,ID 83701
B. Owner:
Justin Fishburn
Page 5
Page 440
Item#10. Item#8.
4000 N. McDermott Rd.
Meridian, ID 83646
C. Representative:
Same as Applicant
IV. NOTICING
Planning& Zoning City Council
Posting Date Posting Date
Newspaper notification
published in newspaper 5/29/2020 7/3/2020
Radius notification mailed to
property owners within 300 feet 5/26/2020 7/l/2020
Public hearing notice sign posted
6/5/2020 7/8/2020
on site
Nextdoor posting 5/27/2020 7/l/2020
V. COMPREHENSIVE PLAN ANALYSIS(Comprehensive Plan)
(Note: This project was submitted prior to the new Comprehensive Plan being adopted; therefore, this
project is being evaluated under the previous Plan)
The Future Land Use Map(FLUM)contained in the Comprehensive Plan designates this property as
Medium Density Residential(MDR).
The purpose of the MDR designation is to allow small lots for residential purposes within City limits. Uses
may include single-family homes at gross densities of 3 to 8 dwelling units per acre. As noted above,the
submitted plat consists of 26$building lots on approximately 7 acres of land which is 3.714 dwelling units to
the acre. Staff finds the proposed density is within the density parameters of the MDR land use designation.
The following Comprehensive Plan Policies are applicable to this development:
• "Support a variety of residential categories (low-, medium-, medium-high and high-density single-
family, multi-family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of
providing the City with a range of affordable housing opportunities."(3.07.01E)
The proposed single-family detached homes will contribute to the variety of residential categories in
the City; Staff is unaware how "affordable"the units will be.
• "Permit new development only where urban services can be reasonably provided at the time of final
approval and development is contiguous to the City."(3.01.0117)
City services are available and will be extended by the developer to the proposed lots upon
development of the site in accord with UDC 11-3A-21.
• "Require useable open space be incorporated into new residential subdivision plats."(3.07.02A)
The proposed plat depicts a total of 0.83-1 of an acre(or I Z 0514-.7%) of qualified open space. To
increase the usability of the open space,staff recommends that the applicant relocate the
temporary turnaround proposed on Common Lot 10 on the east side of Lupine Lane., hovevethe o
pen space
Page 6
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Item#10. Item#8.
• "Require all new development to create a site design compatible with surrounding uses through
buffering, screening,transitional densities, and other best site design practices."(3.07.01A)
On the south boundary are rural county lots in excess of 4 acres. The applicant has not provided
any real transitional lot sizes along this boundary. The two (2)most impacted rural lots have a 5:1
and 3:1 lot ratio respectively.
• "Require new urban density subdivision which abut or are proximal to existing low density
residential land uses to provide landscaped screening or transitional densities with larger,more
comparable lot sizes to buffer the interface between urban level densities and rural residential
densities."(3.05.02F)
Staff does not believe the transition proposed is adequate to the rural residential lots to the south.
Commission should determine if the applicant's revisions to plan provide a transition as desired
by the Comprehensive Plan.
• "Review new development for appropriate opportunities to connect local roads and collectors to
adjacent properties(stub streets)."(3.03.020)
A stub street was approved at the north boundary of this property with the Aegean Subdivision
preliminary plat which is required to be extended on this property with development. This street
wou provides local street access to this development in accord with UDC 11-3A-3. The proposed
plat does no depicts a stub street in the location of the stub street approved with the Aegean
Subdivision.
• "Incorporate creek corridors as an amenity in development design."(5.09.01E)
The City's mapping depicts the Five Mile Creek on the north boundary and the McFadden Drain on
the east boundary of the development. The submitted plans depicts minimal improvements or
enhancements in these areas. Staff believes these areas should be improved as an amenity for the
development. Both the Parks Department and NMID are not opposed to a pathway in the
easement area, however the City's master pathways plan does not specifically call out one in this
area. NMID is amenable to a pathway if the City is willing to amend the master agreement with
the district. The Parks Department has indicated a pathway is not desired at this location and one
is not required to be constructed with this development. The applicant is proposing to enhance this
area with native grasses to preserve as many trees as possible to leave the area undisturbed and
natural. This area is designated as common lots so the maintenance of the area is the
responsibility of the HOA. Staff is supportive of this area remaining in a natural state however,
the applicant should construct an internal pathway network through the internal common lots
internal to the development that ties in the creek area for residents use as a recreational amenity
(see analysis below for more information).
• "Develop and implement programs to encourage and promote tree health and preservation
throughout the City, including along waterways and within proposed development."(5.01.01E)
The subject property contains many mature trees that will be retained or removed with development
of the subdivision. The previous landscape plan indicates that 1,958 caliper inches of mature trees
exist on the site. Many of them will be removed for various reasons. the:1,95-9
m*,.;n d oft Me site. If The plat were has been designed with less density,so sta
ff believes more of
the existing mature trees can eou be preserved with the development. The applicant is indicated
that the landscape plan will be updated with a new mitigation plan prior to the City Council
hearing.
Page 7
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Item#10. Item#8.
Staff believes the 19rapase revised development plan is generallyconsistent with the vision of the
Comprehensive Plan in regards to land use, open space, connectivity and density; however,be.-use thT
plat still lacks transitional lots sizes on the south boundary.
VI. UNIFIED DEVELOPMENT CODE ANALYSIS
A. ANNEXATION&ZONING
The Applicant requests annexation of 7.09 acres of land,which includes land to the section line of N.
McDermott Rd.,with an R-8 zoning district consistent with the Medium Density Residential(MDR)
Future Land Use Map (FLUM)designation in the Comprehensive Plan. The legal description and exhibit
map for the area proposed to be annexed is included in Section VIII.A below.
Proposed Use:
The Applicant proposes to develop the site with 25-7 new single-family detached homes;the existing
home is proposed to remain on a lot in the proposed subdivision.
Single-family detached dwellings are listed as a principal permitted use in the R-8 zoning district per
UDC Table 11-2A-2.
The proposed annexation area is contiguous to City annexed property and is within the Area of City
Impact Boundary. A legal description and exhibit map for the annexation area is included in Section
VII.A.A development agreement is not being recommended as part of the annexation request
beeause staff is r-eeommending denial.
B. PRELIMINARY PLAT
The proposed preliminary plat consists of 269 buildable lots (include the lot where the existing home is
proposed to remain) and 6-7-common lots a-ad 2 athe,-!a on 7 acres of land in the proposed R-8 zoning
district. Lots range in size from 4,353-500 to 13,92412,674 square feet(s.f.). The plat is proposed to
develop in one phase.
Existing Structures/Site Improvements:
There is one (1) existing home and some accessory structures on this site;the existing home is proposed
to remain on Lot 11-3,Block 2—all accessory structures that don't comply with the setbacks of the
district are required to be removed prior to signature on the final plat by the City Engineer. If the
annexation and subdivision is approved,the existing residence should connect to City services and
obtain a new address with development of the property.
Dimensional Standards:
Compliance with the dimensional standards listed in UDC Table 11-2A-6 for the R-8 district is required.
The minimum property size in the R-8 district is 4,000 square feet with a minimum street frontage of 40
feet. All of the lots conform the dimensional standards in UDC Table 11-2A-6.
Access(UDC 11-3A-3):
One access is proposed via N. McDermott Rd., a collector street; local street access is not available to
this property at this time,however a local stub street was planned from the Aegean Subdivision to the
north. The applicant is not proposing the extension of the roadway for interconnectivity between the two
developments in accord with the Plan and UDC. due to the eest asseeiated with er-essing ever-the Five
Mile Gr-eek for-the extension of the roadway. AC14D did not require half the eest of the er-essing fFe
the developer-of the Aegean pr-ejeet. Therefore,the er-essing half the eestwould be absorbed by the
sttbj eet developer-with long term maintena-nee by AGHD. ACHD is r-equiring the&iteasiea of the r-oa
eensistent with their-pokey. Staff believes these two pr-ejeets shetild be eenneeted with a publie stfeet
eenneetion.
Page 8
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Item#10. Item#8.
UPC 11 3A 3 r-equifes aeeess to Weal streets when available a-ad the Compr-ehefisive Plan F-e i
intereonneetivity and the ex4ension of stub streets with development. The stub street t flqeqn-,-�Ahisn
shown on the proposed plat which is not eonsistent with the UDC or the Plan.
The local street being proposed(Lupine Lane) does stub at the south boundary. This street does not meet
the naming convention of the City and"Lane" should be removed from the street name as this
nomenclature is reserved for private streets,not public streets. The street does exceed 150 feet,
therefore a temporary turnaround is required.The applicant is proposing to construct a
temporary turnaround on a common lot(Lot 10,Block 2),which decreases the usability of the
area. Staff recommends that the applicant construct the temporary turnaround on Lots 13 and 14
in the southeast corner of the development to increase the open space for development. The reason
for this recommendation is to ensure open space for the development remains intact without
placing a burden on the HOA to remediate the removal of the turnaround area. In discussions
with ACHD,this would not violate any of their policies.
In addition to the stub stfeet not being exteaded, appr-o*ima4ely half of the fesideatial lots take aeeess
responsibility of the HOA. Further,Publie Wor-ks DepaFtment is being less suppeftiVe Of COFMHOR
dr-i,veways beeause of the separation r-equir-emepAs between the ser-viees. They alse oppose the extensio
of any mains (watef or-sewer-) in said dr-iveways as euffeody pFoposed by the applieaf4.
streets to improve vehieular network. Staff finds exeluding the extension of the stub street and the
.. the UDC
Pathways(UDC 11-3A-8):
There are no pathways depicted on the Pathways Master Plan for this property. As noted above,the
applicant is making an attempt to incorporate the irrigation facilities into the boundary of the plat.
This area will remain a natural waterway that will be maintained by the future HOA. Staff
believes the applicant could enhance this development if an internal pedestrian network were
provided in the development. Staff recommends that the applicant include a 5-foot wide pathway
within the following common lots-Lot 5 and Lot 10 AND provide another micropath lot at south
boundary of Lot 14 in the SEC of the development.Further,the 5-foot wide pathway in Lot 10
should stub to southern property boundary for pedestrian connectivity when the property to the
south re-develops. ,
O. 1"1Tl('' 1 1 3 A 4 � T 1DG 1 1 ��vv'z crr-vvc�T�z-r-o--di� �v�rr
Sidewalks(UDC 11-3A-17):
A 5-foot wide detached sidewalk is required along the frontage of this site adjacent to N.McDermott Rd.
The proposed pla4 depiets the 5 feet wide sidewalk outside of the r-equiFed landseape btiMr-adjaeent to
MeDefme#Read. The applieapA should r-eloeate the sidewalk in the 35 feet wide landseape buff-er-to
ensmfe eomplianee with the TPC-The plat as submitted complies with this requirement of the UDC.
Landscaping(UDC I1-3B):
A 35-foot wide street buffer is required along N. McDermott Rd. (measured from back of curb),
landscaped per the standards in UDC Table 11-313-7C. The proposed landscape plan depicts the buffer in
a common lot as required by the UDC and landscaped in accord with UDC 11-3B-7C.
Landscaping is required in common open space areas in accord with the standards listed in UDC 11-3G-
3E. Trees are proposed far exceeding UDC standards.
Tree mitigation is required in accord with the standards listed in UDC 11-3B-I0C.As noted above,
the property contains many mature trees that are proposed to be removed or retained as part of
Page 9
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Item#10. Item#8.
the project(approximately 1,958 caliper inches).With the redesign of the plat,the applicant
intends to retain more of the mature trees on the site as desired by the City. However,the revised
landscape plan does not depict the number of caliper inches that may be retained as part of the
development. The applicant has informed staff that it is their desire to update the plan with the
mitigation plan prior to the City Council hearing. Staff is amenable to this request and
recommends that 10 days prior to City Council hearing,the applicant should provide a revised
landscape plan that includes the caliper inches that are to be retained and removed as part of the
development. Further,this should be
form of existing trees and mitigate 184 caliper inches. The remaining 1,320 caliper inches are
being mitigated.UDC 11 3B 10C.5(a) requires 0 1/6 replacement of the caliper inches. T
mitigation plan as proposed by the applieant depiets mitigation of 484 ealipeF inehes whieh does
not comply with UDC standards. The applicant should coordinated with the City Arborist on the
mitigation p to ensure the development can accommodate as many caliper inches as possible.
Qualified Open Space& Site Amenities (UDC 11-3G):
Because the area of the preliminary plat is approximately 7 acres in size,the qualified open space and
site amenity standards listed in UDC 11-3G-3 apply. The applicant is proposing to approximately
0.83 of an acre of qualified open space in accord with UDC standards.However, as noted above,
staff has concerns with the temporary turnaround on Common Lot 10. If the temporary
turnaround encumbered buildable lots as recommended above,there would be more useable open
space provided within the development. Further, staff is recommending that the applicant provide
an additional amenity in the form of an internal walking path system to integrate the irrigation
facilities into the proposed development(see pathway analysis above).With the relocation of the
turnaround and the inclusion of the internal walking paths, staff is supportive of the open space
and amenities proposed for the development.
The applicant has also indicated that a tot lot is proposed on Common Lot 10 however,the revised
plan does not provide any details of this amenity. During the public hearing the applicant should
clarify if a tot lot is proposed for this development.If one is proposed,the applicant should revise
the landscape plan to include details of this amenity.
to show how she der-ived at the "alified open spaee for-the development. in Feviewing the submitted
plan, some of the aFeas,the appheant is eounting towar-ds qualified open spaee does not meet UDC
standards as fellaws�
1. Lot 7,Week 2 is notz'andseaped in aeeor-dith UPC 11-3 B 1-2-
r-emaval of imper4wis siir-faee, this afea does not fneet the Gity's open spaee standards.
r-emoved ffem the open spaee ealettlations. if this area is not dimensioned 50' x 100' with the
,;of the eammen lot and Elees not meet U
standa-rds in aeEO Yth UDG 11 36- 27 .7 and 8.
in aeeer-dwith City and the 4+iga4ion standards and integr-a4ed in the subdivision design as
envisioned by the Gompfehensive Plan,the appheant eotild ineltide this lot in the Open spaee
ealettlations. Without this let, staff finds that the qttalified open spaee pfoposed with this pr-ej
does Diet eemply with the staiidafds Set 4;»4l. i UPC; 11 3G 3.
Page 10
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Item#10. Item#8.
ems.
Waterways(UDC 11-3A-6):
The Five Mile Creek/Mcfadden Drain runs along the northern and eastern perimeter of the property. The
applicant is seeking Council waiver to allow the irrigation facilities remain open. This area will be
contained in common lot to be owned and maintained by a future HOA. Further,the applicant is
proposing to hydroseed this area with native drought tolerant fescue to enhance the area. Although it will
not be improved with a pathway, staff finds that the proposed vegetation and retention of existingtrees
rees
will complement the development and may provide passive open space to be used by future residents
who are fond of wildlife viewing.
Fencing(UDC 11-3A-6, 11-3A-7):
All fencing constructed on the site is required to comply with the standards listed in UDC 11-3A-6 and
11-3A-7. The master fence plan complies with UDC standards.
The landseape plan stibmit4ed with the appheation details the feneing proposed fef the pr-ojeet. Six foe
At-qiqlid
f�neing as proposed by the applieaftt. The feneing along the entire north boundary of the buildable
lots,ineluding Lot 14 and 15,Bloek 1,must be eonstrueted as a 6 foot tall semi privaey fenee as
Six feet tall semi pfivaey feneing is pfoposed along the if4efaal een*nen lots a-ad the aoi4hefiq batfndaf:�
Utilities (UDC 11-3A-21):
Connection to City water and sewer services is proposed in accord with UDC 11-3A-21. Street lighting
is required to be installed in accord with the City's adopted standards, specifications and ordinances. See
Section VIRB below for Public Works comments/conditions.
Pressurized Irrigation System (UDC 11-3A-15):
An underground pressurized irrigation(PI) system is required to be provided for each lot within the
development as set forth as set forth in UDC 11-3A-15. If a PI pump station is required on the developed
property, such station shall be on a lot solely dedicated to that pump station and shall be owned by the
entity that owns and maintains the PI system as set forth in UDC 11-313-6E.
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.
Storm drainage will be mitigated with private drainage ponds at the end of the proposed common
driveways and public street drainage is proposed to accommodate in common Lots 2 and 13,Block 1.
Because ACHD drainage ponds are proposed within common lots,the proposed ponds must be designed
in accord with UDC 11-3B-I I or removed from the open space calculations.
Building Elevations:
Conceptual building elevation photos were submitted for the proposed homes, as shown in Section
VII.E. Building materials are proposed to consist of a mix of stucco,wood, and stone wainscot. Field
and trim materials are distinguished by color and texture;window and door openings are accentuated
with trim.
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Item#10. Item#8.
Because the rear and/or side of 2-story structures on lots that abut N.McDermott Rd.will be
highly visible, Staff recommends those elevations 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.Single-story structures are exempt from this requirement.
VIL DECISION
A. Staff:
Staff recommends approvals of the proposed Annexation and Preliminary Plat in accord with
the Findings in Section IX.
B. The Meridian Planning and Zoning Commission heard these items on June 18, 2020. At the
public hearing,the Commission voted to recommend approval of the subject AZ and PP
requests.
1. Summary of Commission public hearing_
a. In favor: Penelope Constantikes and Derritt Kerner
b. In opposition:None
c. Commenting. None
d. Written testimony: Sue Wag
e. Staff presenting application: Bill Parsons
f. Other Staff commenting on qpplication: Adrienne WeatherlX
2. Key issue(s) public testimony
a. Will the proposed development affect the wells and water quality of the Apple Valley
residents.
3. Key issue(s)of discussion by Commission:
a. Lot transition on the south boundary
b. Coordination with NMID on allowing the walking path connections to the Five Creek/
McFadden Drain easement area
C. Relocation of the temporary turnaround on lots 13 and 14
d. Future extension of the stub street on the south boundary
4. Commission change(s)to Staff recommendation:
a. Struck condition 2e and 3c requiring the relocation of the temporary turnaround on
buildiable lots on the east side of Lupine Lane
b. Modify condition of approval 2b.requiring the pathway connections to the irrigation
facilities if allowed by the NMID
5. Outstandingissue(s)ssue(s) for City Council:
A. Applicant is seeking Council waiver to keep the waterways (Five Mile Creek/
McFadden Drain) open in accord with UDC 11-3A-6.
C. The Meridian City Council heard these items on July 21,2020. At the public hearing,the Council
moved to approve the subject AZ and PP requests.
I. Summary of the City Council public hearing
a. In favor: Penelope Constantikes
b. In opposition:None
C. Commenting: Gennie Fishburn
d. Written testimony:None
e. Staff presenting application: Bill Parsons
£ Other Staff commenting on application:None
2. Key issue(s)of public testimony:
a. None
Page 12
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Item#10. Item#8.
3. Key issue(s)of discussion by City Council:
a. Fencing along the open waterwav(sl.
b. Landscaping proposed in the NMID easement area.
C. Methods for restricting access from residents recreating in the NMID easement area.
4. City Council change(s)to Commission recommendation:
a. Council granted the waiver to allow the Five Mile Creek/McFadden Drain to remain an
open waterway in accord with UDC 11-3A-6.
Page 13
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Item#10. Item#8.
VIII. EXHIBITS
A. Annexation&Zoning Legal Description and Exhibit Map
w
1602 W.Hays St.,Suite 306 p
Bake,ID 83702 f s o
www.accu ratesu rveyors_o®rn
Land Description-Annexation
A parcel of land being a portion of the Southwest Quarter of the Northwest Quarter of
Section 33,Township 4 North, Range 1 West of the Boise Meridian,Ada County,Idaho
being more particularly described as follows:
BEGINNING at the found 2-inch aluminum cap monument in asphalt labeled PLS 7729
at the Y.corner common to Sections 32 and 33 In said township from which the found 3-
%inch brass cap monument in asphalt with illegible labeling at the section corner
common to Sections 28,29,32 and 33 in said township bears N 00'32'36'E a distance
of 2633.71 feet,
Thence N 00'32'36"E along the section line and along the centerline of N. McDermott
Road for a distance of 334.34 feet to a found 5/811 inch iron pin upon which a 2-inch
aluminum cap labeled PLS 11463 was placed;
Thence N 85"03'27"E along the centerline of the McFadden Drain(aka Teeter Drain)
for a distance of 751.67 feet to a found 5/811 inch Iron pin with a plastic cap labeled PL5
13256;
Thence S 19"45'03"€along said:centerline and its extension for a distance of 435.77
feet to a found 5/811 inch iron pin upon which a 2-inch aluminum cap labeled PLS 11463
was placed;
Thence N 89'17'46"W along the center section line for a distance of 899.36 feet to the
POINT OF BEGINNING.
Parcel contains 7.086 acres,more or less. t
114639
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or VA
�r+u J.v�
1602 W.Hays St.,Suite 306 n Boise,ID 83702^ Phone:208-488-4227
www.accuratesurveyors.com
Page 14
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Item#10. Item#8.
AIV1V ' A TIO-N- MAP
4000 N. VCDE1?MOTT RD. MEFd00N 10, 83646
L v7NG M T H.'N FxiF .5w x/4 of TTg1< N w x/4 oF- sEC 7 ON 33, T.4N— R.t , B.M.
2 9 2$
33 S R'EC770V CORNE
GPAF Na. 2019--01?785
Ljj ILLER&C
� 11463
PLS
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Page 15
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Item#10. Item#8.
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Page 18
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Item#10. Item#8.
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Page 19
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Item#10. Item#8.
IX. CITY/AGENCY COMMENTS & CONDITIONS (ern CONDITIONS S OF APPROVAL DUE TO
STAFF'S RECOMMENDATION OF DENL4b)
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 b_ the he 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 rig 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 conceptual building elevations for the single-family dwellings
included in Section VIII and the provisions contained herein.
b. The rear and/or sides of 2-story structures on Lots 2-4,Block 1 and Lots 2,Block 2
that face N. McDermott Road shall incorporate articulation throughges in two or
more of the following: modulation(e.g. projections,recesses, step-backs,pop-outs),
bays,banding,porches,balconies,material tykes,or other integrated architectural
elements to break up monotonous wall planes and roof lines. Sin lg e-story structures
are exempt from this requirement.
2. The preliminary plat included in Section VII.B, dated 05/14/2020, shall be revised as follows:
a. Add a note to the final plat that prohibits direct lot access to N. McDermott Road.
b. Add a micropath lot on the south boundary of Lot 14,Block 1 in the SEC of the development in
accord with UDC 11-3A-8 and 11-3B-12, if allowed by NMID.
c. The internal streets proposed within the development shall comply with the street naming
standards in Title 8.
d. The existing residence on Lot 13,Block 2 shall connect to City services and obtain a new
address with development of the property.
e. The tempor-ary tufnar-ound on Common Lot 10 shall be r-elpeated an the east side of Lgpine Lane
and efieti—er-buildable lots.
3. The landscape plan included in Section VILC, dated 054 -0 07/13/2020, shall be revised A)
as follows:
a. The applicant shall coordinate with the City Arborist on the tree mitigation plan to ensure the
development can accommodate as many caliper inches as possible.
b. The applicant shall construct a 5 feet wide pqthwqy-�n Common Lots 5 and 10 AND
preyle anothff micropath lot at south boundary of Lot 14 in the SEC of the development, if
allowed by NMID.
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Item#10. Item#8.
e. The tempofaf-�t-timar-ound area on Common Lot 10 shall be landscaped iff aeeor-d with UPC-44-
,7 Dufifig t e „bl: b,o.,fi the , 1:,af4 shall elafify if a tot lot: pfoposedd f this devel
4. Future development shall be consistent with the R-8 dimensional standards listed in UDC Table 11-2A-
6.
5. Off-street parkin is s required to be provided in accord with the standards listed in UDC Table 11-3C-6
for single-family detached dwellings based on the number of bedrooms per unit.
6. Applicant shall construct homes consistent with the homes elevation in Exhibit VII(D).
7. Developer shall comply with all ACHD conditions of approval.
8. The Applicant shall have a maximum of two (2)years to obtain City Engineer's signature on a final plat
in accord with UDC 11-6B-7.
9. Staff s failure to cite specific ordinance provisions does not relieve the applicant of responsibility for
compliance.
10. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or
lag adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6.
rn7rr�rrrc aimlicant is seekinL,Ci ounciln=waiver cozleave the a o The
City Council approved the Five Mile Creek and McFadden Drain to remain open -
B. PUBLIC WORKS
1. Site Specific Condition of Approval
1.1 The applicant shall be required to pay the Oaks Lift Station and Pressure Sewer Reimbursement
Fees in the amount of$265.25 per building lot. The aggregate amount of the reimbursement
fees for the entire preliminary_plat area must be paid with the first final plat application.
1.2 The applicant shall be required to pay the Oaks Lift Station Pump Upgrades Reimbursement
Fees in the amount of$185.43 per building lot. The aggregate amount of the reimbursement
fees for the entire preliminary_plat area must be paid with the first final plat application.
1.3 As designed,the water mainline will be a long dead-end main,which may result in poor water
quality. This dead-end situation won't be eliminated until the parcels to the south are developed.
1.4 The water mainline in McDermott Road must be extended to the southern grope • line
extended. Water mainline sizes were not indicated on the preliminary development plans,
however the McDermott mainline must be 12-inch diameter and the Lupine Lane mainline shall
be 8-inch diameter.
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Item#10. Item#8.
1.5 The maximum slope of sewer mainlines is 5.0%due to limitations on our collections televising
equipment. Please revise sewer grade between existing SSMH(within McDermott)and the
upstream manhole, SSMH Al.
1.6 The geotechnical investigative report prepared by SITE Consulting,LLC indicates some very
specific construction considerations. The applicant shall be responsible for the adherence of
these recommendations to help ensure that groundwater does not become a problem within
crawlspaces of homes, and that storm drainage systems function properly. Applicant shall be
required to submit updated groundwater monitoring data and any new geotechnical investigative
information that has been derived since the initial investigation efforts of April 20,2019.
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 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 singlety,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.
2.3 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 receivingdevelopment plan approval.
2.4 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.
2.5 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.
2.6 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
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Item#10. Item#8.
for non-domestic purposes such as landscape irrigation if approved by Idaho Department of
Water Resources Contact Robert B. Whitneat208)334-2190.
2.7 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.
2.8 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.
2.9 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.
2.10 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 maypost a performance
surety for such improvements in order to obtain City Engineergnature on the final plat as set
forth in UDC 11-5C-313.
2.11 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.
2.12 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.
2.13 Applicant shall be responsible for application and compliance with any Section 404 Permitting
that ma.. b�quired by the Army Corps of Engineers.
2.14 Developer shall coordinate mailbox locations with the Meridian Post Office.
2.15 All grading of the site shall be performed in conformance with MCC 11-12-31-l.
2.16 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.
2.17 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.
2.18 The applicants design engineer shall be responsible for inspection of all irrigation and/or
drainage fg acility 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.
2.19 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.
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Item#10. Item#8.
2.20 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.Acopy
of the standards can be found at http://www.meridiancit .00rg/public_works.aspx?id=272.
2.21 The City of Meridian requires that the owner post to the City a performance surety, in the
amount of 125%of the total construction cost for all incomplete sewer,water and reuse
infrastructure prior to final plat signature. This surety will be verified by a line item cost
estimate provided by the owner to the City. The surety can be posted in the form of an
irrevocable letter of credit,cash deposit or bond. Applicant must file an application for surety,
which can be found on the Community Development Department website. Please contact Land
Development Service for more information at 887-2211.
2.22 The City of Meridian requires that the owner post to the City a warranty surety in the amount of
20%of the total construction cost for all completed sewer,water and reuse infrastructure for
duration of two years. This surety will be verified by a line item cost estimate provided by the
owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash
deposit or bond. Applicant must file an application for surety,which can be found on the
Community Development Department website. Please contact Land Development Service for
more information at 887-2211.
C. FIRE DEPARTMENT
https://weblink.meridianci(E.orglWebLink/Doc View.aspx?id=181295&dbid=0&r0o=MeridianCiV
D. POLICE DEPARTMENT
https://weblink.meridiancity.org/WebLink/Doc View.aspx?id=182011&dbid=0&repo=MeridianCity
E. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID)
https://weblink.meridianciby.org/WebLink/DocView.aspx?id=182431&dbid=0&repo=MeridianCity
F. CENTRAL DISTRICT HEALTH DEPARTMENT(CDHD)
https://weblink.meridiancity.org/WebLink/DocView.aspx?id=181358&dbid=0&repo=MeridianCity
G. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ)
https://weblink.meridiancioy.org/WebLink/DocView.aspx?id=181368&dbid=0&r0o=MeridianCiby&cr
=1
H. WEST ADA SCHOOL DISTRICT(WASD)
https://weblink.meridianciby.orglWebLinkIDocView.aspx?id=183096&dbid=0&repo=MeridianCitE
I. ADA COUNTY HIGHWAY DISTRICT(ACHD)
hyps://weblink.meridiancity.org/WebLink/Doc View.aspx?id=183480&dbid=0&repo=MeridianCitX
X. FINDINGS
A. Annexation and/or Rezone(UDC 11-5B-3E)
Required Findings: Upon recommendation from the commission,the council shall make a full
investigation and shall, at the public hearing,review the application. In order to grant an annexation
and/or rezone,the council shall make the following findings:
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Item#10. Item#8.
1. The map amendment complies with the applicable provisions of the comprehensive plan;
The Council finds the proposed development is consistent with the vision of the Comprehensive Plan
in regards to land use, open space, transportation and density however, the plat lacks transitional
lots sizes on the south boundary. (See section V. above for more information.)
2. The map amendment complies with the regulations outlined for the proposed district,
specifically the purpose statement;
The Council finds the proposed map amendment and development complies with the purpose
statements of the residential districts in that it will contribute to the range of housing opportunities
for the community consistent with the Comprehensive Plan.
3. The map amendment shall not be materially detrimental to the public health,safety, and
welfare;
The Council finds the proposed map amendment should not be detrimental to the public health,
safety and welfare as the proposed residential uses should be compatible with adjacent existing and
future residential uses in the area, if transitional lot sizes are provided along the south boundary.
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 City services are available to be provided to this development.
5. The annexation(as applicable)is in the best interest of city.
The Council finds the proposed annexation is in the best interest of the City as the proposed
development is consistent with the Comprehensive Plan and UDC standards.
B. Preliminary Plat(UDC 11-613-6)
In consideration of a preliminary plat,combined preliminary and final plat, or short plat,the decision
making body shall make the following findings: (Ord. 05-1170, 8-30-2005, eff. 9-15-2005)
1. The plat is in conformance with the comprehensive plan and is consistent with this unified
development code; (Ord.08-1372, 7-8-2008, eff. 7-8-2008)
The Council finds the proposed plat is generally in conformance with the Comprehensive Plan and
UDC if the Applicant complies with the conditions of approval in Section VIII.
2. Public services are available or can be made available ad are adequate to accommodate the
proposed development;
The Council finds public services can be made available to the subject property and will be adequate
to accommodate the proposed development.
3. The plat is in conformance with scheduled public improvements in accord with the city's
capital improvement program;
The Council finds the proposed plat is in substantial conformance with scheduled public
improvements in accord with the City's CIP.
4. There is public financial capability of supporting services for the proposed development;
The Council finds there is public financial capability of supporting services for the proposed
development.
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Item#10. Item#8.
5. The development will not be detrimental to the public health,safety or general welfare; and
The Council finds the proposed development will not be detrimental to the public health, safety or
general welfare.
6. The development preserves significant natural, scenic or historic features.
The Council finds there are natural features (Five Mile Creek and McFadden Drain) that need
to be preserved and enhanced as part of the development.
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