Brody Square Development Agreement H-2020-0032 (1138110) ADA COUNTY RECORDER Phil McGrane 2020-138110
BOISE IDAHO Pgs=42 BONNIE OBERBILLIG 10/15/2020 11:46 AM
CITY OF MERIDIAN, IDAHO NO FEE
DEVELOPMENT AGREEMENT
PARTIES: I. City of Meridian
2. Pinnacle Land Development, LLC, Owner/Developer
THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into
this 13th day of October , 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 Pinnacle Land Development,LLC,whose address is 7629 E.Pinnacle
Peale Road., Ste 110, Scottsdale, AZ 85255 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 11-58-3 of the Unified Development Code ("UDC"), which
authorizes development agreements upon the annexation and/or re-zoning of
land; and
1.4 WHEREAS,Owner/Developer has submitted an application for annexation of
15 acres of land with an R-8 zoning district of the property listed in Exhibit
"A",attached hereto, 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
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
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City of Meridian planning jurisdiction, and includes further testimony and
comment; and
1.7 WHEREAS, on the 8th day of September, 2020,the Meridian City Council
approved certain Revised 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 December
19,2019,Resolution No. 19-2179, 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 Pinnacle Land Development
LLC,whose address is 7629 E.Pinnacle Peak Road,Ste 110,Scottsdale,AZ
85255,hereinafter called OWNER/DEVELOPER,the party that owns and is
developing said Property and shall include any subsequent
owner(s)/developer(s) of the Property.
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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 bound by this 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. The rear and/or sides of 2-story structures on Lots I 1-21,Block 1 and Lots 2-6,Block
2 that face N. Black Cate Road are required to 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. Planning approval will be required
at the time of building permit.
b. Homes on Lots 8-10, Block 1 are limited to one-story.
c. A concrete wall and berm are to be constructed along the property line adjacent to
5230 N. Black Cat Road.
d. 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 in the Staff Report attached to
the Findings of Fact and Conclusions of Law attached hereto as exhibit"B".
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 parry's failure to faithfully comply with all of the
terms and conditions included in this Agreement shall constitute default under
this Agreement.
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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
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
DEVELOPMENT AGREEMENT—BRODY SQUARE(H-2020-0032) PAGE 4 OF 8
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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:
Pinnacle Land Development,LLC
7629 Pinnacle Peak Road, Ste 110
Scottsdale, AZ 85255
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
DEVELOPMENT AGREEMENT—BRODY SQUARE(H-2020-0032) PAGE 5 OF 8
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the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default
under this Agreement by the other parry 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 ofthe 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.
DEVELOPMENT AGREEMENT—BRODY SQUARE(H-2020-0032) PAGE 6 OF 8
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[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:
Pinnacle Land Development LL
By: Randy Clarno
Its:
CITY OF MERIDIAN ATTEST:
By:
Mayor Robert E. Simison Chris Johnson, City Clerk
DEVELOPMENT AGREEMENT—BRODY SQUARE(H-2020-0032) PAGE 7 OF 8
Page 244
Item#23.
STATE OF a 4 4 Q )
. ss:
County of )
On this 31day of.Seo-fl:n 4P ,2020,before me,the undersigned,a Notary Public in and
for said State, personally y ppeared Randy Clarno known or identified to me to be the
of Pinnacle Land Development,LLC,and the person who signed above
an� wledged 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) °GOAT DAB
••. CS •• %.......••�f �..
NoTAA j,:c Notary Public for
• Residing at:
c
• Or,AUBLIC My Commission Expires:
��'••':h•N0.2�.
�• O
'one
" OF 1 0°•••• Residing at: Boise, ID
•. • .
Commission expires: 11/28/2025
STATE OF IDAHO )
: ss
County of Ada )
On this 13th day of October , 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.
Notary Public for Idaho
Residing at: Meridian, ID
Commission expires: 3-28-2022
DEVELOPMENT AGREEMENT—BRODY SQUARE(H-2020-0032) PAGE 8 OF 8
Page 245
Item#23. Exhibit A
Legal Description
DescAption for
Brady Square 5ulbdiviutun:�4lnnOxattion
Maich f3, 2020
A parcel'of land situated within the Southwest 114 of the Soutimaest 114 of
Section 27,Township 4 North,kange 1 West of the Boise Meddian,.Ada County,
Idaho,more Wiculairly described as follows;
Commencing at the Section corner common to Sections 27, 28, 33, and 34,TAK
RAW,SM.from which the tf4 corner common to said Sections 27 and 28 bears Nodh
00031log"East,2637.37 feat;thence on the West boundary$ne of said Section 27,
Noah 00`31'W'l ast,329.49 feet to the REAL.POINT OF 19EGINNING;
thence continuing on said West boundary line, North 0011311091 East; 989.15
feet to the South 1116 cornea common-to said Section 27 and 28;
thence on flee North boundary line,of the Southwest 114.of the$outbWoot.114 of
said Section 27,.Booth 89117141":East;660,,80 feet to the.Northwest cornet of Lot 2,
Stook"2,Black Gat Estates No,2,.asfflled in Book 32 of Plate at Pages 1948 and 1.946,
records of Ada County,tdaha;
thence South 00131'08"'JW'est,989.12 feet to the Sa:theast corner of said Lot 1,
Black Cat Eslates No. 1,as filed in Book 29 of Plats at Pages 1798 and 1799,records
of Ada County+,ldaho
thence North 89117'52"Wbst, 660.80 feet to the REAL._POINT OF
BEGINNING.
Containing 15.00 acres, more or less.
End of Description.
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Brody Square H-2020-0032
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Item#23.
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Exhibit B
Item#23.
CITY OF MERIDIAN
REVISED FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EN
AND DECISION& ORDER
In the Matter of the Request for Annexation and Zoning of 15 Acres of Land with a R-8 zoning
District,and Preliminary Plat Consisting of 64 Building Lots, and Vacation of Daphne Right of
Way by Pinnacle Land Development,LLC.
Case No(s). H-2020-0032
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(BRODY SQUARE—FILE H-2020-0032) - I - Page 248
Item#23.
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,zoning,preliminary plat and vacation of Daphne Street
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(BRODY SQUARE—FILE H-2020-0032) -2-
Page 249
Item#23.
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(BRODY SQUARE—FILE H-2020-0032) -3- Page 250
Item#23.
By action of the City Council at its regular meeting held on the 8th day of September
2020.
COUNCIL PRESIDENT TREG BERNT VOTEDYEA
COUNCIL VICE PRESIDENT BRAD HOAGLUN VOTED YEA
COUNCIL MEMBER JESSICA PERREAULT VOTED -----
COUNCIL MEMBER LUKE CAVENER VOTED YEA
COUNCIL MEMBER JOE BORTON VOTED YEA
COUNCIL MEMBER LIZ STRADER VOTED YEA
MAYOR ROBERT 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: 9-8-2020
City Clerk's Office
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(BRODY SQUARE—FILE H-2020-0032) -4- Page 251
EXH I BIT A
STAFF REPORT E COMMUNITY
N ---
COMMUNITY DEVELOPMENT DEPARTMENT
HEARING 7/21/2020 Le '
DATE:
��
TO: Mayor&City Council
FROM: Alan Tiefenbach,Associate Planner
208-489-0573
Bruce Freckleton,Development ----- _
Services Manager
208-887-2211
SUBJECT: H-2020-0032
Brody Square
r
LOCATION: The site is located within the northeast
quadrant of N. Black Cat Road and W. _
McMillan Road., in the SW I/4 of Section
27,Township 4 N.,Range 1 W.
I. PROJECT DESCRIPTION
Annexation&zoning of 15 acres of land(3 different properties)with an R-8 zoning district, and
preliminary plat consisting of 65 building lots and 7 common lots,by Pinnacle Land Development,
LLC. This request also includes vacating approximately 275 feet of Daphine Street.
II. SUMMARY OF REPORT
A. Project Summary
Description Details Page
Acreage 15.00
Future Land Use Designation Medium Density Residential
Existing Land Use(s) Single Family/Rural
Proposed Land Use(s) Single Family,65 Lots
Lots(#and type;bldg./common) 65 Single Family,7 Common Lots
Phasing Plan(#of phases) 1 phase
Number of Residential Units(type 65 Single Family
of units)
Density 4.33 du/acre
Open Space(acres,total 2.67 acres, 16.5%total open space, 11.5%qualified open
[%]/buffer/qualified) space
Amenities <20 acres, one required.
Physical Features(waterways, Beach Lateral parallels N.Black Cat Road.
hazards,flood plain,hillside)
Neighborhood meeting date;#of January 23,2020—7 attendees signed in.
attendees:
Page 1
Page 252
Item#23.
Description Details Page
History(previous approvals) Black Cat Estates No. 1 &2,unincorporated Ada County
B. Community Metrics
Description Details Page
Ada County Highway District
• Staff report(yes/no) Yes
• Requires ACHD Commission Action(yes/no) Yes—Vacation of Daphne St
must be approved by ACHD.
Access(Arterial/Collectors/State Four accesses are proposed.The
Hwy/Local)(Existing and Proposed) western access is to N.Black Cat
Road(Minor Arterial)from
Daphine Street(local road)and
the eastern access is to McMillan
Road(Minor Arterial)via
Daphine Street and N.Joy Street
(local roads).There are two stub
streets shown.
Traffic Level of Service Per the ACHD staff report:
McMillan Rd.—Better than"E"
(acceptable level of service)
Black Cate Rd.—Better than"B"
(acceptable level of service)
Stub Street/Interconnectivity/Cross Access The applicant is proposing two
stub streets—one to the east and
one to the south.
Existing Road Network Minor Arterials and Local Streets
Existing Arterial Sidewalks/Buffers Buffer and sidewalk exists on
west side of N.Black Cat Road
(part of the Jump Creek
Subdivision.)Buffer and
sidewalk on east side of N.Black
Cat Road proposed with this
subdivision.
Proposed Road Improvements Local streets are being
constructed to serve this
development.All streets will be
constructed to ACHD standards.
Distance to nearest City Park(+size) Approx. 1.5 miles to Keith Bird
Legacy Park and Heroes Park
Distance to other key services Approx. 1.5 miles to Hunter
Elementary School,2 miles to
Rocky Mountain High School.
Fire Service
• Distance to Fire Station Fire Station No.2,2.6 miles
• Fire Response Time Less than 5 minutes
• Resource Reliability 76%-does meet the targeted goal
of 80%or greater
• Risk Identification Risk Factor 2. Current resources
would not be adequate to supply
serve to project.
• Accessibility Project meets all required access,
road widths and turnaround.
Page 2
Page 253
Item#23.
Description Details Page
• Special/resource needs Project will not require an aerial
device;cannot meet this need in
the required timeframe if a truck
company is required. Closest
truck company is 13 minutes
travel time.
• Water Supply Requires 1,000 gallons per
minute for one hour,may be less
if buildings are fully s rinklered.
Police Service No comments submitted.
West Ada School District No comments submitted.
Wastewater
• Distance to Sewer Services Directly adjacent in N.Black Cat
Road
• Sewer Shed North Black Cat Trunkshed
• Estimated Project Sewer ERU's See application
• WRRF Declining Balance 13.91
• Project Consistent with WW Master Yes
Plan/Facility Plan
• Impacts/Concerns •No sewer mains in common
driveways.
•No manholes in common
driveways or sidewalks.
•Provide"to and through" sewer
connection to the property to the
south.
Water
• Distance to Water Services Located in N.Black Cat Road
• Pressure Zone 1
• Estimated Project Water ERU's See application
• Water Quality No concerns
• Project Consistent with Water Master Plan Yes
• Impacts/Concerns Modeling analysis will need to be completed at Final
Plat to verify minimum fire flow pressure is met at each
phase.
Page 3
Page 254
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♦ ♦ 11
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1. ♦ 1
Item#23.
4924 &5120 N. Black Cat Rd, 4644 W. Daphine Street,Meridian, ID 83646
C. Representative:
Keith Nichter,Kimley-Horn and Associates Inc, 950 W. Bannock St,Boise,ID 83702
IV. NOTICING
Planning& Zoning City Council
Posting Date Posting Date
Newspaper Notification 5/29/2020 6/19/2020
Radius notification mailed to
properties within 300 feet 5/29/2020 7/16/2020
Public hearing notice sign posted
7/10/2020
on site
Nextdoor posting 5/27/2020 7/16/2020
V. STAFF ANALYSIS
A. Annexation:
The proposed annexation area is contiguous to City annexed property and is within the
Area of City Impact Boundary. To ensure the site develops as proposed by the applicant,
staff is recommending a development agreement as part of the annexation approval.
B. Future Land Use Map Designation(https://www.meridianciU.org/compplan)
This property is designated Medium Density Residential on the City's Future Land Use
Map (FLUM) contained in the Comprehensive Plan.
This designation allows for dwelling units at gross densities of three to eight dwelling
units per acre. Density bonuses may be considered with the provision of additional public
amenities such as a park, school, or land dedicated for public services.
The annexation area is near existing public services and not on the periphery of
corporate city limits; existing City of Meridian zoning and development is directly
adjacent to the west, north and nearby to the east. The proposed land use of single family
residential is consistent with the recommended uses in the FL UM designation. The
proposed project has a gross density of 4.3 du/ac, meeting the required density range
listed above. Therefore, Staff finds the proposed preliminary plat and requested R-8
zoning district to be generally consistent with the Future Land Use Map designation of
Medium Density Residential.
The City may require a development agreement (DA) in conjunction with an annexation
pursuant to Idaho Code section 67-6511A. In order to ensure the site develops as
proposed with this application, staff recommends a DA as a provision of annexation with
the provisions included in Section IX.A. The DA is required to be signed by the property
owners)/developer and returned to the City within 6 months of the Council granting the
annexation for approval by City Council and subsequent recordation.
Comprehensive Plan Policies (https:llwww.meridiancity.or /�pplan):
Page 5
Page 256
Item#23.
The following Comprehensive Plan Policies are applicable to this development:
• "Encourage a variety of housing types that meet the needs, preferences, and financial
capabilities of Meridian's present and future residents." (2.01.02D)
The proposed medium density single-family detached homes will contribute to the
variety of residential categories in the City; however, there is no variety in housing
types proposed within the development. The FL UM recommends densities of between
3 and 8 dwelling units per acre. Given this density recommendation, likely any
resulting housing would be of the single-family detached type.
• "With new subdivision plats, require the design and construction of pathway
connections, easy pedestrian and bicycle access to parks, safe routes to schools, and
the incorporation of usable open space with quality amenities." (2.02.01A)
The proposed plat depicts S'sidewalks on both sides of all local roads, a S'detached
sidewalk along Black Cat Rd, and 6'wide pathways within the central common open
space. This will result in multi-modal routes both to the development and within the
development.
The central park amenity shown in Lot 9 consists of a small pond, a gazebo and
several pathways. At present, the pond cuts off walkway access in the middle of Block
3. It is staff's opinion that connecting the two pathways along the pond would result
in more useable space. Staff has added this as a recommended condition of approval.
• "Require pedestrian access in all new development to link subdivisions together and
promote neighborhood connectivity." (2.02.01D)
Attached sidewalks are proposed on both side of all streets. Sidewalks will be
completed to the terminus of stub streets at the east and south which would connect to
any future development. A S'detached sidewalk is proposed along the length of the
development paralleling Black Cat Road.
• "Permit new development only where it can be adequately served by critical public
facilities and urban services at the time of final approval, and in accord with any
adopted levels of service for public facilities and services." (3.03.03F)
City water and sewer service is available along Black Cat Road and can be extended
by the developer with development in accord with UDC 11-3A-21.
• Ensure that new development within existing residential neighborhoods is cohesive
and complementary in design and construction. (2.02.02F)
To the west of the subject property is the Jump Creek Subdivision, zoned R-8 (same as
this proposal) with lot sizes of approximately 6,000 square feet (similar sizes as what
is proposed with this plat). North of the property is single family residential zoned R-
4. South of the property is vacant land, and east of the property is rural residential
zoned RUT in Ada County. The areas that have developed in the vicinity of the subject
property thus far have been comparable in zoning and lot sizes.
Page 6
Page 257
Item#23.
This development proposes architecture consisting of one and two story homes with
pitched roofs, stone bases and/or lap siding very similar to what has been
constructed in the Jump Creek Subdivision. The landscape buffer and S'detached
pathway shown on the landscape plan is comparable to the improved stretch of Black
Cat Road along the Jump Street Subdivision. The proposed single-family residential
development and site design should be compatible with existing residential uses.
In order to ensure compatibility and quality of design, staff recommends a condition
that the rear and/or sides of 2-story structures on Lots 11-21, Block I and Lots 2-6,
Block 2 that face N. Black Cat 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. Planning approval will be
required at time of building permit.
C. Existing Structures/Site Improvements:
The subject property consists of three lots. There is an existing single-family residence on
each lot. These will be removed.
D. Proposed Use Analysis:
Single-family detached dwellings are listed as a principal permitted use in the R-8 zoning
districts in UDC Table 11-2A-2.
E. Dimensional Standards(UDC 11-2):
All proposed lots and public streets appear to meet UDC dimensional standards per the
submitted preliminary plat. This includes property sizes, required street frontages, and
road widths. Development of the subdivision is required to comply with the subdivision
design and improvement standards listed in UDC 11-6C-3, including but not limited to
streets, common driveways and block face. In addition, all subdivision developments are
also required to comply with Subdivision Design and Improvement Standards (UDC 1I-
6C-3) regarding common driveways.
There are two (2) common driveways proposed; such driveways should be constructed in
accord with the standards listed in UDC 11-6C-3D. An exhibit should be submitted with
the final plat application that depicts the setbacks,fencing, building envelope, and
orientation of the lots and structures accessed via the common driveway. If a property
abuts a common driveway but has the required minimum street frontage and is taking
access via the public street, the driveway should be depicted on the opposite side of the
shared property line from the common driveway. A perpetual ingress/egress easement
shall be filed with the Ada County Recorder, which shall include a requirement for
maintenance of a paved surface capable of supporting fire vehicles and equipment.
Page 7
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Item#23.
Address signage should be provided at the public street for homes accessed via the
common driveways.
F. Access(11-3A-3):
Four accesses are proposed. The western access is to N. Black Cat Road (Minor Arterial)
from Daphine Street (local road) and the eastern access is to McMillan Road (Minor
Arterial)via Daphine Street and N. Joy Street(local roads). There are two stub streets
shown.
ACHD reviewed this proposal and in a staff report dated May 1, 2020 stated the project is
anticipated to generate approximately 613 additional trips per day, with 65 additional
trips during the PM peak hour.
Black Cat Road, a minor arterial, is presently improved with two travel lanes. ACHD
intends to expand it to three lanes between 2026 and 2030. There is no curb, gutter or
sidewalk on the east side along the subject property although it is improved with
detached sidewalk on the west. Existing right-of-way is approximately 29 feet from
centerline to the subject property. The applicant proposes to dedicate 19 additional feet
of right-of-way to centerline and construct a 5'detached sidewalk in this area.
Daphne Street is presently built to 26 feet wide in a 50'right-of-way without curb, gutter
or sidewalk. The applicant proposes to vacate approximately 275 feet of Daphne at the
center of the proposed development to locate an approximately 1.6 acre park and pond in
this area. At the east and west of this park, Daphne will be built to 33 feet in width with
rolled curb, gutter and 5 foot attached sidewalk. ACHD has not expressed concerns
regarding the proposed vacation. City Council is a recommending body on the vacation
request.
Two stub streets are proposed. Avilla Drive will stub to the east, and Eynsford Ave will
stub to the south. All roads within this proposed development will be local roads built to
the same standards as Daphne Street.
During the November 7, 2019 Pre-Application Meeting, staff recommended that a stub
street should be provided to the north from Avilla Drive through Block 1. This is to allow
future access from the property at 5230 N. Black Cat Rd if it were to redevelop in the
future. This access is not provided. Staff is recommending this as a condition of approval.
W. McMillan Road, a minor arterial, is intended to be widened from two to three lanes by
2035. A roundabout is planned for the McMillan/Black Cat intersection. W. McMillan
Road is not part of this development.
Meridian Fire has stated the project meets all required access, road widths and
turnarounds. ACHD has stated they support the road network and improvements as
proposed.
G. Parking(UDC 11-3C):
Off-street parking is 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
Page 8
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Item#23.
per unit. Future development should comply with these standards. No parking plan was
submitted with the application.
H. Pathways (UDC 11-3A-8):
Several pathways are proposed with this development. At the center of the development is
a common lot containing a park and a pond(Lot 9 Block 3). There is an approximately
295'long pathway north of the pond in this common lot. There is an east/west pathway
south of the pond. Sidewalks are proposed on both sides of all roads within the
development.
The applicant is requesting an open water pond be credited toward their qualifying open
space (as is discussed below). For full credit, staff recommends the northern and
southern pathways connect along the pond to produce a more inviting and useable area.
The applicant has submitted conceptual exhibits to demonstrate the alignment and
distances. All pathways will be required to meet the requirements of section 11-3A-8 of
the UDC.
I. Sidewalks(UDC 11-3A-17):
Attached sidewalks are proposed along internal streets in accord with the standards listed
in UDC 11-3A-17.
J. Parkways (UDC 11-3A-1
No parkways are proposed with this plat.
K. Landscaping(UDC 11-3B):
The development proposes approximately 108,000 sf of open space, which is 16.5%of the
total area. This includes a 25'wide buffer along Black Cat Road as required for arterial
streets, 20'wide landscape strips on either side of Daphne Street, and a central open
space and park with a water feature shown as Lot 9. With a length of 988 feet, 28 trees
would be required within the Black Cat Road Buffer. The landscape plan proposes 34
trees. The buffer appears to comply with UDC 11-2A-6.
L. Qualified Open Space (UDC I1-3G):
The applicant proposes 11.5%of qualified open space. This includes a central park
within Lot 9, Block 3 (including a .42-acre pond) and the .54-acre arterial landscape
buffer which is being given % credit per the UDC. The pond is 24% of the total qualified
open space, which meets the 25%maximum of UDC 11-3G-3D. As is required to count
the pond as qualified open space, it is proposed to be developed with an amenity
consisting of a shade structure and several benches. The landscaping as proposed meets
the minimum requirements of I1-3B. As mentioned in the "Pathways"Section above,
staff recommends the northern and southern pathways connect along the pond to produce
a more inviting and useable area.
M. Qualified Site Amenities (UDC 11-3G):
Based on the area of the proposed plat(15.4 acres), a minimum of one (1) qualified site
amenity is required to be provided per the standards listed in UDC 11-3G-3C.
Page 9
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Item#23.
The applicant has proposed one (1) qualified amenity, a pond and shade structure with a
seat wall and several benches. There are pathways that intersect in this area. The
amenity meets the minimum requirements of UDC 11-3G.
N. Tree preservation(11-3B-10)
The applicant proposes to remove 93 trees (1,367 cal. inches) that will require
mitigation. The applicant has committed to working with the City Arborist prior to
removal. Staff is recommending a condition that the applicant submit a tree mitigation
plan at time of final plat. This mitigation plan shall indicate the total number and caliper
inches of trees proposed for removal and the total number of replacement trees proposed.
O. Waterways(UDC 11-3A-6):
The existing Beach Lateral parallels the western property line along Black Cat Road. This
ditch is required to be piped as indicated by UDC 11-3A-6.
P. Fencing(UDC 11-3A-6, 11-3A-7):
All fencing is required to comply with the standards listed in UDC 11-3A-6C and 11-3A-
7. Fencing is shown on the landscape plan and consists of 6' high solid vinyl fencing
around the entire perimeter of the development (including along Black Cat Road, and 5'
open style lattice top fencing along the common areas. There are several areas within Lot
9 (the common area) where closed style fencing is shown. UDC 11-3A-7 requires any
fencing abutting pathways and open space to be open style.
Q. Utilities (UDC 11-3A-21):
Public services are available to accommodate the proposed development. All lots within
the subdivision will be provided domestic water and sanitary sewer service by the City
via extensions available along N. Black Cat Road. Irrigation will be provided by Settlers
Irrigation District via the Beach Lateral. The Beach Lateral is not a constant delivery
system so a pump and pond will be constructed for water storage. The pond is being
developed as a landscape feature.
R. Building Elevations(UDC 11-3A-19 I Architectural Standards Manual):
The Applicant has submitted sample elevations of the single-family homes for this
project(see Section VIII).
The single-family homes are depicted as two-story structures with two-car garages, and a
variety of finish materials with stone and lap-siding combinations. The submitted sample
elevations appear to meet design requirements for single-family homes and use consistent
architecture as the homes across N. Black Cat Road in the Jump Creek Subdivision. As
mentioned in the Comprehensive Plan section above, a condition of approval is being
recommended in regard to planning review of homes visible from N. Black Cat Road.
S. Right-of-Way Vacation
The applicant is proposing to vacate approximately 275 feet of Daphne Street to
configure the central park and open space in the center of the development. Proposed
internal roads will route traffic around the park. This section of Daphne Street is not
Page 10
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Item#23.
needed for access. Therefore, staff is supportive of vacating the ROW. However, per City
Code, the City Council is only a recommending body on the vacation request; final
approval is subject to ACHD approval. ACHD has noted a separate application will be
required and the vacation should be completed prior to final plat approval. If the vacation
is ultimately not approved, the plat as currently presented must be revised.
VI. DECISION
A. Staff:
Staff recommends approval of the requested annexation and zoning with the requirement
of a Development Agreement and approval of the requested preliminary plat with the
conditions noted in Section IX. per the Findings in Section X.
B. The Meridian Planning &Zoning Commission heard this item on June 18, 2020. At the
public hearing, the Commission moved to recommend approval of the subject
Annexation and Preliminary Plat request.
1. Summary of Commission public hearing_
a. In favor: Deborah Nelson with Givens Pursleyy, Randy Clarno with Pinnacle
Land Development and Brandon McDougald with Kimley Horn (Applicant's
Representatives), Paul Poorman, neighbor at 5230 N. Black Cat Road.
b. In opposition: None
c. Commenting: Deborah Nelson with Givens Pursley, Randy Clarno with Pinnacle
Land Development and Brandon McDougald with Kimley Horn Applicant's
Representatives)
d. Written testimony: None
e. Staff presenting application: Alan Tiefenbach
f. Other Staff commenting on application: Bill Parsons
2. Key issue(s) of public testimony
a. Paul Poorman, adjacent neighbor to the north at 5230 N. Black Cat Road,
said the applicant had been very good with working with him, and he
supported the development but had privacy concerns. He said the applicant
had assured him he would get a privacy fence to the south and any houses
adjacent to his would be kept one story so they would not look down into his
house.
3. Key issues(s) of discussion by Commission
a. The Commissioners discussed whether the northern stub street was
necessary.
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Item#23.
b. The Commissioners had questions regarding future expansions of N. Black
Cat Road and whether the round-about was still being constructed at N.
Black Cat Road and W. McMillian Road.
c. The Commissioners discussed whether the pond should be considered an
amenity, and whether it could be reconfigured to connect the north and south
pathways as staff had recommended.
d. The Commissioners discussed Paul Poorman's request for a fence, and his
desire for adjacent homes to be kept to one story.
4. Commission change(s)to Staff recommendation:
a. Remove staff condition for a stub street to be provided to the north from
Avilla Drive through Block 1.
b. Remove Lot 61 to reconfigure the pond into this area to provide a better
open space and allow the connection of the pathways as recommended by
staff.
c. Add a restriction that homes on Lots 42-44 be limited to one-story.
d. Add a condition for a concrete wall and berm to be constructed along the
property line adjacent to 5230 N. Black Cat Road.
5. Outstanding issues s, for City Council:
a. The lot numbering on the plat versus the landscape plan is not consistent.
The plat has the correct numbering. The Planning Commission
recommendation for homes on Lots 42-44 to be limited to one-story should
be changed to Lots 8-10, Block 1.
C. The Meridian City Council heard these items on July 21, 2020. At the public hearing, the
Council moved to approve the subject preliminary plat request.
1. Summary of the City Council public hearing_
a. In favor: Deborah Nelson (Givens Pursley)
b. In opposition: None
c. Commenting: Deborah Nelson(Givens Pursley), Rand. Clarno developer, and
Tim Nicholson(Kimley—Horn)
d. Written testimony: None
e. Staff presenting application: Alan Tiefenbach
f. Other Staff commenting on application: None
Page 12
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Item#23.
2. Key issue(s) of public testimony
a. None
3. Key issue(s) of discussion by City Council:
a. None
4. City Council change(s)to Commission recommendation:
a. None
Page 13
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Item#23.
VII. EXHIBITS
A. Preliminary Plat(date: 7/1/2020)
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B. Landscape Plan(date: 7/l/2020)
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C. Amenities
Commun V Shade StfUCtLIrel Plcnlc Area
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+ Manufacturer_ Classic Recreation Systems
Model: C hadestan
f Size: 21Y x 21Y
b MatL-Hal: Steel
• Color. 'Cool Jade Green" (roof) and 'Jet Black' {frame)
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Page 16
Page 267
Item#23.
D. Elevations
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Page 17
Page 268
Item#23.
E. Legal Description
Description for
Brody Squaro ubdivisfon-Annexaflon
March 13, 2020
A parciel of land situated within the Southwest 114 of the Southwest 114 of
Section 27, Township 4 Forth. Range 1 West of the Boise N eridian, Ada County,
Idaho, more partica,larly described as follows,
Gommencing at the Section corner common to Sections 27. 26. 33, and 34. T 4N.
RAW. S.M. from which the 114 cornqEf common to said Sections 27 and 28 bears North
00'31'09"East, 2637.37 feat; thence on the West boundary line of said Section 27.
North 00`31'09" East, 329.49 feet to the DEAL POINT OF 13EGINNING;
thence continuing on said West boundary lir*, North 60131'OV' East.. 989 15
feet to the South It16 oorner cornmoin to said Section 27 and 8;
thence on the North boundarw line of the Southwest I of the Southwest 114 of
said Section 27, South 89017'41° East. 660.80 feet to the NMhwest darner of Lot 2,
Block 2. Black Gat Estates No. 2, as filed in Book 32 of Plats at Pages 1945 and 1946.
records of Ada County, Idaho;
thence South 00'31'08"West. 989.12 feet to the BoLtheast rxrner of said Ux 1
Black Cat Eslates No. 1. as filed in Book 29 of Plats at Pales 1798 and 1799, records
of Asia Gounty, Id0o
thence North 89`1 T52"West 660.80 feel to the READ. POINT OF
BEGINNING.
Containing 15 00 acres. more of less.
End of Descnption
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Page 269
Item#23.
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Page 19
Item#23.
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Item#23.
Description for
West Daphne Street Vacation
March 6, 2020
A portion of West Daphne Street right of way as shown on Black Cat Estates
No_ 2, as filed in Bank 32 of Puts at pages 1945 and 1946, records of Ada County,
Idaho, situated within the Southwest 114 of the Southwest 114 of Section 27, Township
4 North, Range 1 blest of the Soise Meridian, Ada County, Idaho, more particularly
described as fellows:
omi-nancing at the Section corner common to Sections 27r 28, 33, and 34,
T.4N. RAW. E.M. from which the 1/4 comer common to said Sections 27 and 28 bears
North 00031'09" East, 2637.37 feet; thence on the West boundary line of said Section
27, North 00'31'09" East, 634.40 feet; thence on the Westerly extension of and the
South right-of-way line of West Daphne Street, South 89�16' 8" East, 2 O,00 feet to
the REAL POINT OF BEGINNING;
thence leaving said South right-cf-quay line, North 00°31'09"° East, 50-00 feet to
the North right-of-way line of Nest Daphne Street;
thence on said North riight-of-way line. South 89'16 8" East, 273.80 feet;
thence leaving said Forth right-of-way line, South 00'31'09" }.Nest, 50.00 feet to
said South right-nf-way line;
thence on said South right-of-way lyre, North 89016'58" Nest, 273.80 feet to the
REAL POINT BEGINNING.
Containing 13,690 square feet or 0.31 acres, more or less.
End of Description.
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Item#23.
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Page 22
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Item#23.
VIII. CITY/AGENCY COMMENTS & CONDITIONS
A. PLANNING DIVISION
1. A Development Agreement(DA) is required as a provision of annexation of this property.
Prior to approval of the annexation ordinance, a DA shall be entered into between the City of
Meridian,the property owner(s) at the time of annexation ordinance adoption, and the
developer.
Currently, a fee of$303.00 shall be paid by the Applicant to the Planning Division prior to
commencement of the DA. The DA shall be signed by the property owner and returned to the
Planning Division within six(6)months of the City Council granting the annexation. The DA
shall, at minimum, incorporate the following provisions:
a. The Development Agreement shall require the rear and/or sides of 2-story structures on
Lots 11-21,Block 1 and Lots 2-6,Block 2 that face N. Black Cat Road to 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. Planning approval
will be required at time of building permit.
b. The Development Agreement shall have a restriction that homes on Lots 8-10,Block 1
should be limited to one-story.
c. The Development Agreement shall add a condition for a concrete wall and berm to be
constructed along the property line adjacent to 5230 N.Black Cat Road.
d. 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.
2. This approval is based upon ACHD vacating the requested section of Daphne St.
3. The plat included in Section VII, dated 7/1/2020, shall be revised as follows prior to submittal
of the final plat application:
i. A stub stT-eet shall be provided to the nei4h ffam Avilla Drive dffettgh Bleek 1. This is
allow ft4we aeeess from the pr-eper-ty at 5230 N. Blaek CM Rd if it were to r-edevelep in
the
4. The landscape plan included in Section VII.C, dated'�'%0 7/l/2020, shall be revised as
follows prior to submittal of the final plat application:
pathway alang the pend-.
b. Sitting and passive r-eer-eation areas shall be depieted on the landseape pi—an-.
c. The fencing shown in Block 3 shall be revised to be open style as required per UDC 1 I-
3A-7.
5. The applicant will submit a tree mitigation plan at time of final plat. This mitigation plan
shall indicate the total number and caliper inches of trees proposed for removal and the total
number of replacement trees proposed.
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Item#23.
6. Future development shall be consistent with the minimum dimensional standards listed in
UDC Table 11-2A-6 for all buildable lots.
7. The applicant shall comply with all provisions of 11-3A-3 with regard to access to streets.
8. The development shall comply with standards and installation for landscaping as set forth in
UDC 11-3B-5 and maintenance thereof as set forth in UDC 11-3B-13.
9. The plat shall comply with the provisions for irrigation ditches,laterals, canals and/or
drainage courses, as set forth in UDC 11-3A-6.
10. Pathway and adjoining fencings and landscaping shall be constructed consistent with the
standards as set forth in UDC 11-3A-7A7, 11-3A-8 and 11-3B-12C.
11. The development shall comply with all subdivision design and improvement standards as set
forth in UDC 11-6C-3, including but not limited to cul-de-sacs, alleys, driveways,common
driveways, easements,blocks, street buffers, and mailbox placement.
12. Off-street parking is 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.
13. An exhibit shall be submitted with the final plat application that depicts the setbacks, fencing,
building envelope, and orientation of the lots and structures accessed via the common
driveway; if a property abuts a common driveway but has the required minimum street
frontage and is taking access via the public street,the driveway shall be depicted on the
opposite side of the shared property line from the common driveway as set forth in UDC 11-
6C-3D.
14. For the common driveway that serves a dual purpose(i.e. driveway/emergency access),
signage shall be provided to notify residents that the common driveway is a no parking zone.
B. PUBLIC WORKS
1. Site Specific Conditions of Approval
1.1 No sanitary sewer mainlines are allowed in the common driveways.
1.2 No sanitary sewer manholes are allowed in common driveways or sidewalks.
1.3 No dead-end water mainlines are allowed in common driveways.
1.3 Provide a"to and through" sanitary sewer mainline connection to the property to the south.
1.4 Modeling analysis must be completed at Final Plat to verify minimum fire flow pressure is
met at each phase.
1.5 The geotechnical investigative report prepared by AllWest 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.
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
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Item#23.
feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials
shall be used in conformance of City of Meridian Public Works Departments Standard
Specifications.
2.2 Per Meridian City Code(MCC),the applicant shall be responsible to install sewer and water
mains to and through this development. Applicant may be eligible for a reimbursement
agreement for infrastructure enhancement per MCC 8-6-5.
2.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public
right of way(include all water services and hydrants). The easement widths shall be 20-feet
wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via
the plat,but rather dedicated outside the plat process using the City of Meridian's standard
forms. The easement shall be graphically depicted on the plat for reference purposes. Submit
an executed easement(on the form available from Public Works), a legal description
prepared by an Idaho Licensed Professional Land Surveyor,which must include the area of
the easement(marked EXHIBIT A) and an 81/2"x 11"map with bearings and distances
(marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a
Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this
document. All easements must be submitted,reviewed, and approved prior to development
plan approval.
2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-
round source of water(MCC 12-13-8.3). The applicant should be required to use any
existing surface or well water for the primary source. If a surface or well source is not
available,a single-point connection to the culinary water system shall be required. If a
single-point connection is utilized,the developer will be responsible for the payment of
assessments for the common areas prior to prior to receiving development plan approval.
2.5 All existing structures that are required to be removed shall be prior to signature on the final
plat by the City Engineer. Any structures that are allowed to remain shall be subject to
evaluation and possible reassignment of street addressing to be in compliance with MCC.
2.6 All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting,
crossing or laying adjacent and contiguous to the area being subdivided shall be addressed
per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code
42-1207 and any other applicable law or regulation.
2.7 Any existing domestic well system within this project shall be removed from domestic
service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering
Department at(208)898-5500 for inspections of disconnection of services. Wells may be
used for non-domestic purposes such as landscape irrigation if approved by Idaho
Department of Water Resources Contact Robert B. Whitney at(208)334-2190.
2.8 Any existing septic systems within this project shall be removed from service per City
Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment
procedures and inspections(208)375-5211.
2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and
activated,road base approved by the Ada County Highway District and the Final Plat for
this subdivision shall be recorded,prior to applying for building permits.
2.10 A letter of credit or cash surety in the amount of 110%will be required for all uncompleted
fencing, landscaping, amenities, etc.,prior to signature on the final plat.
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Item#23.
2.11 All improvements related to public life, safety and health shall be completed prior to
occupancy of the structures. Where approved by the City Engineer, an owner may post a
performance surety for such improvements in order to obtain City Engineer signature on the
final plat as set forth in UDC 11-5C-3B.
2.12 Applicant shall be required to pay Public Works development plan review, and construction
inspection fees, as determined during the plan review process,prior to the issuance of a plan
approval letter.
2.13 It shall be the responsibility of the applicant to ensure that all development features comply
with the Americans with Disabilities Act and the Fair Housing Act.
2.14 Applicant shall be responsible for application and compliance with any Section 404
Permitting that may be required by the Army Corps of Engineers.
2.15 Developer shall coordinate mailbox locations with the Meridian Post Office.
2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H.
2.17 Compaction test results shall be submitted to the Meridian Building Department for all
building pads receiving engineered backfill,where footing would sit atop fill material.
2.18 The design engineer shall be required to certify that the street centerline elevations are set a
minimum of 3-feet above the highest established peak groundwater elevation. This is to
ensure that the bottom elevation of the crawl spaces of homes is at least I-foot above.
2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or
drainage facility within this project that do not fall under the jurisdiction of an irrigation
district or ACHD. The design engineer shall provide certification that the facilities have
been installed in accordance with the approved design plans. This certification will be
required before a certificate of occupancy is issued for any structures within the project.
2.20 At the completion of the project,the applicant shall be responsible to submit record
drawings per the City of Meridian AutoCAD standards. These record drawings must be
received and approved prior to the issuance of a certification of occupancy for any structures
within the project.
2.21 A street light plan will need to be included in the civil construction plans. Street light plan
requirements are listed in section 6-5 of the Improvement Standards for Street Lighting.A
copy of the standards can be found at
http://www.meridiancity.org/public_works.aspx?id=272.
2.22 The City of Meridian requires that the owner post to the City a performance surety in the
amount of 125%of the total construction cost for all incomplete sewer,water and reuse
infrastructure prior to final plat signature. This surety will be verified by a line item cost
estimate provided by the owner to the City. The surety can be posted in the form of an
irrevocable letter of credit, cash deposit or bond. Applicant must file an application for
surety,which can be found on the Community Development Department website. Please
contact Land Development Service for more information at 887-2211.
2.23 The City of Meridian requires that the owner post to the City a warranty surety in the
amount of 20%of the total construction cost for all completed sewer,water and reuse
infrastructure for duration of two years. This surety will be verified by a line item cost
estimate provided by the owner to the City. The surety can be posted in the form of an
irrevocable letter of credit, cash deposit or bond. Applicant must file an application for
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Item#23.
surety,which can be found on the Community Development Department website. Please
contact Land Development Service for more information at 887-2211.
C. ACHD
https:llweblink.meridianciU.oLvlWebLinkIDocView.aspx?id=186071&dbid=0&repo=MeridianC
Lty
D. MERIDIAN FIRE DEPARTMENT(MFD)
https:llweblink.meridianciU.oLvlWebLinkIDocView.aspx?id=186071&dbid=0&repo=MeridianC
Lty
E. COMPASS
https:llweblink.meridiancioy.orglWebLinkIDocView.aspx?id=188452&dbid=0&repo=MeridianC
Lty
F. DEPARTMENT OF ENVIRONMENTAL QUALITY
https:llweblink.meridiancity.orglWebLinkIDocView.aspx?id=186718&dbid=0&repo=MeridianC
Lu
IX. FINDINGS
A.Annexation and/or Rezone,and Vacation of ROW(UDC 11-5B-3E)
Required Findings: Upon recommendation from the commission,the Council shall make a full
investigation and shall at the public hearing,review the application. In order to grant an annexation
and/or rezone,the council shall make the following findings:
1. The map amendment complies with the applicable provisions of the comprehensive plan;
The Commission finds annexation of the subject site with an R-8 zoning designation is consistent
with the Comprehensive Plan MDR FL UM designation for this property if the Applicant complies
with the provisions in Section HIT
2. The map amendment complies with the regulations outlined for the proposed district, specifically
the purpose statement;
The Commission finds the lot sizes proposed combined with the housing types proposed will be
consistent with the purpose statement of the residential districts in that a range of housing
opportunities will be provided consistent with the Comprehensive Plan.
3. The map amendment shall not be materially detrimental to the public health, safety, and welfare;
The Commission finds that the proposed zoning map amendment and vacation of Daphne St.
should not be detrimental to the public health, safety, or welfare. The Commission recommends
the Council consider any oral or written testimony that may be provided when determining this
finding.
4. The map amendment shall not result in an adverse impact upon the delivery of services by any
political subdivision providing public services within the city including,but not limited to, school
districts; and
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Item#23.
The Commission finds that the proposed zoning amendment will not result in any adverse impact
upon the delivery of services by any political subdivision providing services to this site.
5. The annexation(as applicable)is in the best interest of City:
The Commission finds the proposed annexation is in the best interest of the City if the property is
developed in accord with the provisions in Section VIII.
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 Commission finds the proposed plat is generally in conformance with the UDC if the
Applicant complies with the conditions of approval in Section IX.
2. Public services are available or can be made available and are adequate to accommodate the
proposed development;
The Commission 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 Commission 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 Commission finds there is public financial capability of supporting services for the
proposed development.
5. The development will not be detrimental to the public health, safety or general welfare; and
The Commission finds the proposed development will not be detrimental to the public health,
safety or general welfare.
6. The development preserves significant natural, scenic or historic features. (Ord. 05-1170, 8-
30-2005, eff. 9-15-2005)
The Commission is unaware of any significant natural, scenic or historic features that need
to be preserved with this development.
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