Z - Poiema Subdivsion Calvary Chapel Development Agreement H-2020-0035 (2020-138120) ADA COUNTY RECORDER Phil McGrane 2020-138120
BOISE IDAHO Pgs=44 BONNIE OBERBILLIG 10/15/2020 11:51 AM
CITY OF MERIDIAN, IDAHO NO FEE
DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. Calvary Chapel Treasure Valley, Inc., Owner
4. Evans Development LLC, 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 Calvary Chapel Treasure Valley, Inc., whose address is 9226 W.
Barnes Drive,Boise,ID 83705,hereinafter called OWNERS and Evans Development LLC,whose
address is 7761 W. Riverside Drive, Boise, ID 83705 hereinafter called DEVELOPER.
1. RECITALS:
1.1 WHEREAS, Owner is the sole owner,in law and/or equity,of certain tract of
land in the County of Ada, State of Idaho, described in Exhibit"A",which is
attached hereto and by this reference incorporated herein as if set forth in full,
herein after referred to as the Property; and
1.2 WHEREAS,Idaho Code§67-6511 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 14.87 acres of land with an R-15 (medium high
density)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 WHEREAS, Owner and/or 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 WHEREAS, the record of the proceedings for requested annexation and
zoning before the Planning and Zoning Commission and the City Council,
DEVELOPMENT AGREEMENT—POIEMA SUBDIVISION(H-2020-003 5) PAGE I OF 8
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includes responses of government subdivisions providing services within the
City of Meridian planning jurisdiction, and includes further testimony and
comment; and
1.7 WHEREAS, on the 251h 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 and/or Developer to enter into a
Development Agreement before the City Council takes final action on final
plat; and
1.9 WHEREAS, Owner and/or 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 and/or 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 OWNERS: means and refers to Calvary Chapel Treasure Valley, Inc.,
whose address is 9226 W. Barnes Drive,Boise,ID 83705,the party that owns
said Property and shall include any subsequent owner(s) of the Property.
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3.3 DEVELOPER: means and refers to Evans Development LLC, whose
address is 7761 W. Riverside Drive, Boise, ID, 83705, the parry that is
developing said Property and shall include any subsequent developer(s)of the
Property.
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 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 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 submitted and
revised plans and conceptual building elevations for the attached single family and
townhome dwellings included in Section VII of the Staff Report that is attached to the
Findings of Fact and Conclusions of Law attached hereto as Exhibit `B" and the
provisions contained herein.
b. The applicant shall comply with the ordinances in effect at the time of application
submittal.
c. Direct lot access to E. Lake Hazel Road shall be prohibited.
d. The entire frontage improvements along E.Lake Hazel Road shall be completed with
the first phase of development.
e. The proposed townhome units shall front on open space and not on the alleyway,
especially those units facing the Ten Mile Creek.
f. Lot 2, Block 2 shall be a non-buildable lot in perpetuity and the Church and future
homeowner's association shall enter into a use agreement to ensure continued
maintenance of this lot.
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.
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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.
7.2 Notice and Cure Period. In the event of Owner and/or Developer's default
of this Agreement,Owners and/or 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 and/or Developer that is not
cured after notice as described in Section 7.2,Owners and/or 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. Owners and/or 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 Owners and/or 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: Owners and/or Developer shall, immediately upon completion of
any portion or the entirety of said development of the Property as required by this Agreement or by
DEVELOPMENT AGREEMENT—POIEMA SUBDIVISION(H-2020-0035) PAGE 4 OF 8
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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 Owners and/or Developer,prior to
the third reading of the Meridian Zoning Ordinance in connection with the re-zoning of the Property
by the City Council. If for any reason after such recordation, the City Council fails to adopt the
ordinance in connection with the annexation and zoning of the Property contemplated hereby,the City
shall execute and record an appropriate instrument of release of this Agreement.
10. ZONING: City shall,following recordation of the duly approved Agreement,enact a
valid and binding ordinance zoning the Property as specified herein.
11. SURETY OF PERFORMANCE: The City may also require surety bonds,
irrevocable letters of credit,cash deposits,certified check or negotiable bonds,as allowed under the
UDC,to insure the installation of required improvements,which the Owner and/or 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 and/or 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:
Calgary Chapel Treasure Valley, Inc. Evans Development LLC
9226 W. Barnes Drive 7761 E. Riverside Drive
Boise, ID 83705 Boise, ID 83705
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.
DEVELOPMENT AGREEMENT—POIEMA SUBDIVISION(H-2020-0035) PAGE 5 OF 8
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15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto
concerning this Agreement,the prevailing parry 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,
including City's corporate authorities and their successors in office. This Agreement shall be binding
on the Owner and/or Developer,each subsequent owner and any other person acquiring an interest in
the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions
thereof,except that any sale or alienation shall be subject to the provisions hereof and any successor
owner or owners shall be both benefited and bound by the conditions and restrictions herein
expressed. City agrees,upon written request of Owner and/or Developer,to execute appropriate and
recordable evidence of termination of this Agreement if City,in its sole and reasonable discretion,had
determined that Owner and/or Developer have fully performed their obligations under this
Agreement.
18. INVALID PROVISION: If any provision of this Agreement is held not valid by a
court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement
and the invalidity thereof shall not affect any of the other provisions contained herein.
19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided,each party
shall act reasonably in giving any consent,approval,or taking any other action under this Agreement.
20. COOPERATION OF THE PARTIES: In the event of any legal or equitable action
or other proceeding instituted by any third party (including a governmental entity or official)
challenging the validity of any provision in this Agreement, the parties agree to cooperate in
defending such action or proceeding.
21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements,
agreements,condition and understandings between Owner and/or Developer and City relative to the
subject matter hereof,and there are no promises,agreements,conditions or understanding,either oral
or written, express or implied, between Owner and/or Developer and City, other than as are stated
herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or
addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and
signed by them or their successors in interest or their assigns,and pursuant,with respect to City,to a
duly adopted ordinance or resolution of City.
21.1 No condition governing the uses and/or conditions governing re-zoning of the subject
Property herein provided for can be modified or amended without the approval of the
DEVELOPMENT AGREEMENT—POIEMA SUBDIVISION(H-2020-0035) PAGE 6 OF 8
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Item#24. '
City Council after the City has conducted public hearing(s) in accordance with the
notice provisions provided for a zoning designation and/or amendment in force at the
time of the proposed amendment.
22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the
date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in
connection with the annexation and zoning of the Property and execution of the Mayor and City
Clerk.
[end of text; signatures, acknowledgements, and Exhibits A and B follow]
ACKNOWLEDGMENTS
IN WITNESS WHEREOF,the parties have herein executed this agreement and made
it effective as hereinabove provided.
OWNER: DEVELOPER:
ry Chapel Treasure Valley, Inc. Evans Development LLC
By: ct
Its: re s d P n Its: /r sf✓��, ��/
CITY OF MERIDIAN ATTEST:
By:
Mayor Robert E. Simison Chris Johnson, City Clerk
DEVELOPMENT AGREEMENT—POIEMA SUBDIVISION(H-2020-0035) PAGE 7 OF 8
Page 287
Item#24.
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
STATE OF IDAHO )
ss:
County of Ada )
On this__I day of 5 2 pA ,2020,before me,the undersigned,a Notary Public in and for said State,personally
appeared Or,V I I IctC,h m cz i,l ,known or identified to me to be the �;Ew�t e ti -;�c1s-t�,r of
Calvary Chapel Treasure Valley,Inc.and the person who signed above and acknowledged to me that he executed the
same on behalf of said Church.
IN WITNESS WHEREOF, lgd > efd(p,�''Ipy hand and affixed my official seal the day and year in this
certificate first above written. .•�Q.�, N�69 .y�,•,•
(SEAL) ? ��i'rLo� 7
NOTARY Z
pUBL�G ,� 2, otary Publi& Idaho
,�••. ' :tt:.••''••�0�,,Residing at:
•••,9 ,01F':QP.•' My Commission Expires:
STATE OF IDAHO )
ss:
County of Ada )
On this day of 2020,before me,the undersigned,a Notary Public in and for said State,personally
appeared_Z& VaytS ,known or identified to me to be the HAot"er of
Evans Development LLC and the person who signed above and acknowledged to me that he a ecuted the same on behalf
of said Company.
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) RHONDA APSLEY
COMMISSION#61606
NOTARY PUBLIC Notary Public for o
STATE OF IDAHO Residing at: I S�
My Commission Expires: 511 4 �-�
DEVEiLOPMEN'r AGREEMENT-POIEMA SUBDIVISION(H-2020-0035) PAGE 8 Of 8
Page 288
Item#24.
Exhibit A
A. Annexation Legal Description and Exhibit Map
_ �a ANNEXATION
H 1..; r Page I.OF]
.AND
GROUT"
February 19,2020
Project No..,119622
ANNEXATION
CALVARY CHAPELTREASURE VALLEY INC.
A parcel of land as shown on Record of Survey Number 2880,recorded as Instrument Number
94050954,records of Ada County,situate in a portion of Government Lot 3,Section 4,
Township 2 North,Range 1 East,Boise Meridian,City of Meridian,Ada County,Idaho,being
more particularly described as follows:
BEGINNING atthe North Quarter Corner of said Section 4(from which the Northwest Corner of
said Section 4 bears South 89`55'28"West,2651.66feet distant);
Thence on the north/south midsection lisle of said Section 4,5outb 00"37'05"West;1356.13
feet;
Thence leaving said north/south midsection lime and wi the soulhurlyand westerly boundary of
said parcel shown on Record of Survey Number 2880,South 89"59'56"West,21Ab feet;
Thence North 28"52'16"West,82.77 feet;
Thence North 34"04'12"West,1543,37 feet to a point on the north section line of said Section
4;
Thence on said north Section line North 89"56'28"East,943.00 feet to the POINT OF
BEGINNING
The above described parcel contains 14.87 acres,more or less.
PREPARED BY,,
The land Group,.Inc. '01,LA
P
drr F OF-to
l:lf/99�Zt12tF
Page 289
Item#24.
F EAST UKE
HAZEL ROAD N114,CORNER
SECTION Q
RM! ig RIIN N89'Sfi'2$°E 9�t3'O FIw RJW
M"56 28'Vt'
Nt^I CORNEI; 1745." CALVARY CHAPEL TREASURE VALLEY INC.
SECTION A 4 3727 E.LAKE HAZEL RO,
1.2N.,R.1 E.,R.fA_ AM'S1+10421.2485
M
ANNEXATION AREA
AREA:±14.87Actes.
0
a
aa, .3 t
r.�tiglztrac�
N28°52'1 W 82,)56T,' 21,DD'4
NS3"59' E
't.
Exhibit"B„ 0 250' 5AE1
u
DaLs W l:saanec:Fo�uar{19,2tl2a
MTHE Calvary Chapel Treasure Valley Inc.
Elf T .AND Annexation
mmi-MGROUP
Page 290
ttem#24. EXHIBIT B
CITY OF MERIDIAN
FINDINGS OF FACT,CONCLUSIONS OF LAW d/(El�ty
AND DECISION & ORDER
In the Matter of the Request for Annexation and Preliminary Plat for Poiema Subdivision,by Dave
Evans Construction.
Case No(g). H-2020-0035
For the City Council Hearing Date of: August 11,2020(Findings on August 25, 2020)
A. Findings of Fact
1. Hearing Facts(see attached Staff Report for the hearing date of August 11,2020, incorporated by
reference)
2: Process Facts(see attached Staff Report for the hearing date of August H,2020, incorporated by
reference)
3. Application and Property Facts(see attached Staff Report for the hearing date of August 11,
2020,incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of August It,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 lakes judicial notice of its Unified Development Code codified as
Title I I 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.
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of August 11,2020, incorporated by reference.The conditions are concluded to be
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(Poiema Subdivision—FILE#H-2020-0035) - I - Page 291
Item#24.
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 August 11,2020,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 11-6B-7B).
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11-6B-7.A,the Director may authorize a single extension of time to obtain the City
Engineer's signature on the final plat not to exceed two(2)years. Additional time extensions up
to two(2)years as determined and approved by the City Council may be granted. With all
extensions,the Director or City Council may require the preliminary plat,combined
preliminary and final plat or short plat to comply with the current provisions of Meridian City
Code Title 11. If the above timetable is not met and the applicant does not receive a time
extension,the property shall be required to go through the platting procedure again(UDC 11-
6B-7C).
Notice of Conditional Use Permit Duration
Please take notice that the conditional use permit,when granted, shall be valid for a maximum
period of two(2)years unless otherwise approved by the City. During this time,the applicant
shall commence the use as permitted in accord with the conditions of approval, satisfy the
requirements set forth in the conditions of approval, and acquire building permits and
commence construction of permanent footings or structures on or in the ground. For
conditional use permits that also require platting,the final plat must be signed by the City
Engineer within this two(2)year period.
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11-513-6.G.1,the Director may authorize a single extension of the time to commence the
use not to exceed one(1)two(2)year period.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 conditional use comply with the current provisions of Meridian
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(Poiema Subdivision—FILE#H-2020-0035) -2-
Page 292
Item#24.
City Code Title I I(UDC 11-5B-617).
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 67-651 IA. 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
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
l. 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 August 11,2020
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(Poiema Subdivision—FILE#H-2020-0035) -3- Page 293
Item#8.
By action of the City Council at its regular meeting held on the 25th day of August
2020.
COUNCIL PRESIDENT TREG BERNT VOTED
COUNCIL VICE PRESIDENT BRAD HOAGLUN VOTED
COUNCIL MEMBER JESSICA PERREAULT VOTED
COUNCIL MEMBER LUKE CAVENER VOTED
COUNCIL MEMBER JOE BORTON VOTED
COUNCIL MEMBER LIZ STRADER VOTED
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: 8-25-2020
City Clerk's Office
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(Poiema Subdivision—FILE#H-2020-0035) -4- Page 338
Item#24. Exhibit A
STAFF REPORT E II3IAN
COMMUNITY DEVELOPMENT DEPARTMENT
HEARING 8/11/2020
Legend T
DATE:
® Project Location
TO: Mayor&City Council '
FROM: Joe Dodson,Associate Planner ='` T
Ii r:.fllEf. F
SUBJECT: H-2020-0035
Poiema Subdivision
LOCATION: The site is located at 3727 E. Lake Hazel
f f
F
Road, in the NE '/4 of the NW '/4 of
Section 4,Township ZN., Range 1 E.
I. PROJECT DESCRIPTION
Annexation &zoning of 14.87 acres of land with an R-15 zonjng district and preliminary plat
consisting of 48 building lots and b common lots,by Dave Evans Construction.
Note:Staff received updated plans late into the review process. These plans have been analyzed to
the best of Staf,j`''s ability given the timeline but fends them to be in better compliance than those
originally submitted Much of the analysis within this report is based on the new plans and the
exhibits within this staff report have bee►i updated to reflect this.
H. SUMMARY OF REPORT
A. Project Summary
Description Details Page
Acreage 14.87 acres
Future Land Use Designation Medium-High Density Residential
Existing Land Use(s) Vacant
Proposed Land Use(s) Residential and future Religious Institution(Church)
Lots(#and type;bldgJcommon) 48 total lots—43 single-family residential; I lot for future
Church building site;and 4 common lots.
Phasing Plan(#of phases) Proposed as one(1)phase.
Number of Residential Units(type 48 total units-33 single-family attached units;and 15
of units) single-family townhome units.
Density(gross&net) Gross— 7.5 du/ac.;Net— 10.75 du/ac.
Open Space{acres,total 1.08 acres total,0.75 qualifying open space(or approx..
[%]/buffer/qualified) 11.7°/a qualified]
Amenities I amenity—Water feature with seating
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Item#24. Exhibit A
Description Details Page
Physical Features(waterways, Ten Mile Creek runs along the western boundary but is not
hazards, flood plain,hillside) on the subject site.Part of the site resides within the 100-
year iloodplain zone.
Neighborhood meeting date; #of December 15,2019—3 attendees
attendees:
History(previous approvals) NIA
B. Community Metrics
Description Details Page
Ada County Highway District
• Staff report(yes,/no) Draft Report section
V1I1.H
• Requires ACHD Commission No
Action(yes/no)
Access(AtteriallCollectorslState Proposed access is off of E. Lake Hazel Road,an arterial.
Hwy/Local)[Existing and Proposed) The proposed access is via a new public local street.
ACHD is allowing a modification to their district policies
to allow this access as there is no other lesser classified
street available.
Stub StreedlnterconnectivitylCross A new stub street is proposed to the adjacont property to
Access the west fiotn the proposed local street noted above,This
access is approved by ACHD as noted in their staff report.
Existing Road Network E. Lake Hazel,an arterial.is existing with 2 travel lanes.
Existing Arterial Sidewalks 1 No
Buffers
Proposed Road Improvements Applicant is not proposing to improve E. Lake Hazel as it
is scheduled to be widened to 5 travel lanes by ACHD in
7074.
Fire Service
• Distance to Fire Station 3 miles from Fire Station#4
■ Fire Response Time Pwt of the proposed development falls within the 5 minute
response time goal.
■ Resource.Reliability 7V,0(below the target rating of 80%)
s Risk Identification Risk Factor 2—Residential with hazards;current resources
would not be adequate to supply service to this project due
to nearby waterway if an emergency were to occur.
■ Accessibility Proposed project moots all required access.road widths,
and turnarounds.
The project will be limited to 30 homes until the entire
emergency access along the western boundary is
constructed.
Police Service
• Distance to Police Station 5.5 miles
■ Response Time Goal of 3-5 minutes
• Accessibility MPD has no concerns with access into this development;
the MPD can service this development if approved.
• Additional Comments There is no call data in this area because the proposed
development is at the edge of City Limits.
Between March 2019 and March 2020,MPD responded to
7 calls for service within one mile of this proposed
development. The crime count on those calls was one(1).
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Item#24. Exhibit A
Description Details Page
Between March 2019 and March 2020,MPD responded to
9 crashes within l miles of this proposed development.
West Ada School District
• Distance(clem,ms,hs) No comments submitted at this time.
e Capacity of Schools
■ #of Students Enrolled
Wastewater
• Distance to Sewer Services NIA
• Sewer Shed South Black Cat Trunk Shed
• Estimated Project Sewer Sec application
ERU's
• W RRF Declining Balance 13.92
■ Project Consistent with W W YES
Master Plan/Facility Plan
• Additional Comments Flows have been committed
No sewer mains in common driveways
Applicant to provide"to and through"to property to the
west.
Water
• Distance to Water Services 710 feet
• Pressure Zone 5
• Estimated Project Water Sec application
ERU's
• Water Quality Concerns None
. Project Consistent with Water YES
Master Plan
■ Impacts/Concerns The water main extension in Lake Hazel is currently
shown in the wrong corridor,the water main should rcrnain
north of center line instead of being moved south of center
line. Also,the water main in Lake Hazel needs to be a 12",
not an S" as currently shown. We prefer to have a rnain
stub or service line(whichever is needed)to the future
church lot to eliminate cutting the new road in the future.
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Item#24. Exhibit A
C. Project Area Maps
Future Land.Use Map Aerial Map
Legend MU-W 0
Legend . • �'-
i,,...s
MProjec#Locaticar, Project Location
T9
Medium Density
�• = _
�` - -- Residential
Med-High
Densit} `
Residentia. k �
I ri +r•
Zoning Map Planned Development Map
r 'J
Legend RUT C-N 0 Legend 0
Project Location ;iProject Location G
. City Limits x
R4u
Planned Parcels
;• fu' ' !
H�L_�r_: r
RUT R-15 :.l$,h;IT J ,T`
�r -
_
g.4 R-2
RUT
_ - R4; �. --- -
III. APPLICANT INFORMATION
A. Applicant:
Dave Evans Construction—7761 W. Riverside Drive,Boise,ID 83705
B. Owner:
Calvary Chapel Treasure Valley, Inc.—9226 W. Barnes Drive, Boise, ID 83705
C. Representative:
The Land Group—462 E. Shore Drive,#100, Eagle, ID 83616
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Item#24. Exhibit A
IV. NOTICING
Planning& Zoning City Council
J Posting Date Posting Date
Newspaper Notification 5/29/2020 7/24/2020
Radius notification mailed to
properties within 300 feet 5/26/2020 7/2I/2020
Site Posting 6/8/2020 7/31/2020
Nextdoor posting 5/27/2020 7/21/2020
V. STAFF ANALYSIS
A. Future Land Use Map Designation{Izttps:llww-wvw•.rner-idiancify.or• 1�compplc►n)
Medium-High Density Residential—This designation allows for a mix of dwelling types
including townhouses,condominiums, and apartments. Residential gross densities should range
from eight to twelve dwelling units per acre. These areas are relatively compact within the
context of larger neighborhoods and are typically located around or near mixed use commercial
or employment areas to provide convenient access to services and jobs for residents.
Developments need to incorporate high quality architectural design and materials and thoughtful
site design to ensure quality of place and should also incorporate connectivity with adjacent uses
and area pathways,attractive landscaping and a project identity.
The proposed annexation area lies at the edge of the Cite:s area of bnpact on the south side ofE.
Lake Hazel road, app•a_rirnately Z mile east of Eagle Road. There is existing Citt,of Meridian
zoning direetla,across Lake Hazel to the north but no other existing Meridian Zoning is adjacent
to the subject site. There is a golf course direclly to the east of this propert}?, within, the Cihy of
Boise. Despite minimal existing zoning direct1j,to the nest and southwest of this site, the City is
c•urrentlr•processing multiple projects in this area, as seen in the Planned Development Map
above. This project, rf'approved, .should blend in well with these adjacent developments.
The proposed land use of attached single-family residential and townhome units {per-the revised
site plan} is consistent with the Fieture Land Use Map (FLUM)designation defirzition.s for
Medium,High Density Residential(1LfHDR). MHDR requires a densit}-of 8-12 units per acre. The
Applicant has proposed a project with 7.5 du/ar with,their updated plat and the comprehensive
plan allows jar rounding oj'densitt,. Because af'lhe proposed product ttpe and the difficult,shape
of the property to begin with, Staff supports•rounding the proposed densih)of 7.5 dulac to the
required 8 dulcac per the provisions in the comprehensive plan.
In additio►,to the proposed residential use an this site, the applicant is reserving a building lot
fo►•a figure church site; a church is a conditional use within, the proposed R-15 Zoning district.
The residential portion of'the site consists of'approximately 7.5 acres (including the right oj'w'Ry)
and the future church lot is approximately 7 acres. This application does not include the
conditional use permit application,for the church lot;that use will he analviced with the f utaa e
conditional use permit submittal.
The City may require a development agreement(DA)in conjunction with an annexation pursuant
to Idaho Code section 67-6511 A. In order to ensure the site develops as proposed with this
application, Stuffrecommends a DA as aprovision ofannexalion with the provisions included in
Section 1711.A 1. The DA is required to be signed by the propertlr owners)/developer and returned
to the City within 6 months of the Council granting the annexal ion,for approval b_v City Council
and subsequent recordation.
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Item#24. Exhibit A
B. Comprehensive Plan Policies (htips:llwwuj.tneridiattciti,.ore compplart);
The applicable Comprehensive Plan policies are cited below with Staff analysis in italics.
"Avoid the concentration of any one housing type or lot size in any geographical area;provide for
diverse housing types throughout the City"(2.01.01G). The proposed R-15 zoning and proposed
land use of single fitn2ity attached and townhome residential is tin extension of some of the
housing products recently approved nearby and some of the housing proposed on the adjacent
site to the west. R-15 zoning and attached single-
homes are not abundant in the immediate
area at this time but if this project and the adjacent project to the west are approved, this type of
housing would make up a,fair portion of the housing options in this % mile area. A vast ntajorily
of the housing vvithin a►rile of this site is detached single familir residential. So, adding 48 units
of a different product ttpe to the area helps meet this comprehensive plan policy.
"With new subdivision plats,require the design and construction of pathways connections, easy
pedestrian and bicycle access to parks, safe routes to schools,and the incorporation of usable
open space with yual ity amenities"(2.02.01 A). The Ten Mile Creek runs adjacent to this properot
on its western boundart,but is not on the subject site. Because of this, there is no multi-use
pathwav proposed on this property. However, the project that Staff is also processing for the
adjacent property;to the west is constructing that multi-use pathway. Because of the proposed
internal stub.street Kith attached.sidewalks with this development, there should be adequate
pedestrian connection to the tnulti-ttse pathway on the adjacent parcel. With a connection to the
pathway, residents within this development will have greater pedestrian and bicyclist connection
to the north to Hillsdale Park and the Hillsdale YMCA.
The largest area ref open space proposed with this development is expected to be shared betvveen
the residences and the_/uture church?site. That common open space lot is proposed to be
approximately 15,000 square feet in size and offer a relativeh,large open area for residents and
churchgoers to use. Because the lot is relatively large and open, it is more usable than open
space that may be qualifying but is usually dispersed throughout the development.. Staff supports
open space that is in this more usable,format. The other open space in this development abuts the
Ten Mile Creek and the proposed toKnhomes: this area should offer additional visual amenity to
the development and those townhomes.specifically. In addition, this Opel?space area near the
creek and the cul-de-sac will contain a water feature and seating area for the residents. Again,
q&ring usable open space and an amenity for-the proposed community. For the size of this site,
Stuff finds the proposed open space is adequate in size.
"Reduce the number of existing access points onto arterial streets by using methods such as cross-
access agreements,access management. and frontagelbackage roads,and promoting local and
collector street connectivity"(6.01..02B)..Due to the odd shape of this pat-eel, strict adherence to
ACHD rind City policies regarding access points to arterial streets was not f easible. The
Applicant has proposed the main access into this development as far east on their parcel as
possible. Because of this,ACHD has agreed to rood;fig thei►-polio'to alloiv.1br this additional
access onto E, Lake Hazel. This Applicant is also proposing a stub street to the vvest.for future
local street connectivity which sets up future development to the west and south to minimize their
potential accesses onto arterial in the area.
"Annex lands into the corporate boundaries of the City only when the annexation proposal
conforms to the City's vision and the necessary extension of public services and infrastructure is
provided,"(3.03.03)• The proposed development and uses adhere to the vision established btu the
trnderlvittg future land use designation. Attached.siugle-family and townhotnes are permitted uses
and a Church is a conditional use in the R-15 zoning district. In addition, all irt_frastrueture
extensions will be paid for by the Applicant and not the taxpayers.
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Item#24. Exhibit A
"Encourage compatible uses and site design to minimize conflicts and maximize use of land."
(3.07.00). The proposed single fanuh1 residential development is compatible with other
residential and agricultural uses in the area; the facture Church development should be
compatible vvith nearb'v uses as well. In addition, additional residential units built at this density
be compatible with the a isting golf course use on the parcel directly to the east.
Staff frr:ds this development to be generally consistent with Comprehensive Plan policies and
objectives.
C_ Existing Structures/Site Improvements:
There are no existing structures on the subject site and no site improvements are.known at this
time.
D. Proposed Use Analysis:
The proposed use is attached single-family residential and townnhome single-family residential:
both types of residential dwellings are listed as principally permitted uses in the R-15 zoning
district per UDC Table 1 l-2A-2.
Part of the property(along the western boundary) Iies within the I00-year fioodplain boundary.
The Applicant is currently awaiting the results of a floodplain study to determine the types of
constraints and/or possibilities of reducing this boundary area. See Public Works comments for
further requirements of the site.
E. Dimensional Standards(UDC 11-2);
The proposed lots along the eastern boundary and the public streets appear to meet all UDC
dimensional standards per the submitted preliminary flat.This includes property sizes,required
street frontages,and road widths. The revised preliminary plat submitted by the Applicant shows
townhomes off of a private alley. It is the understanding of Staff that ACH❑has not yet given
comments on the precise location of this alley but are generally supportive of it. Per the revised
plat, all lots appear to meet UDC dimensional standards for the R-15 zoning district and attached
single-family unit type.
In addition, all subdivision developments are also required to comply with Subdivision Design
and Improvement Standards(UDC 11-6C-3). There is one (1)common driveway proposed and
such driveways should be constructed in accord with the standards listed in UDC 11-6C-3D. If
any common drives are proposed, 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.
F. Access(UDC 11-3A-3);
Access is proposed via a new local street into this development from E. Lake Hazel Road.The
Applicant is also proposing a stub street to the west for fixture local street connectivity. For these
areas, all dimensional standards appear to meet UDC requirements.
Because the stub street to the west will likely lead to nowhere at the titne of this development, the
Applicant will have to provide can emergency only access. The Applicant is showing on their
master plant (as shown in Exhibit VII.B) a 20-foot wide ernergencv on1v access front the stub
street that rains along the western properhl boundary and connects to E Lake Hazel. ACHD and
Meridian Fire Department have granted their approval oaf this emergency access. Without this
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Item#24. Exhibit A
access, this property will be limited to no more than 30 homes until such time that the emergency
access is constructed. To rentediate this, Staff is•recommending the emergency access is built
prior to the Applicant receiving any building permit approval.
Stuff is supportive of this emergencv access but does have concerns on what its future use will be
once the stub street to the west connects with the adjacent subdivision and offers the required
secondary access. The Applicant has not discussed the fixture plans for this accesswith Staff but
the submitted master plan depicts the church site using this emergency oniv access as a way to
drive from one.side of the church to the other,f'or ease of access and emergency response. So long
as this road is not used,for•parking while this road is meant,for emergency access, Staff finds no
concerns with this. Once the emergency access is not needed, howeve►, StaJJ'recorrtrnends the
Applicant-fork with ACHD to keep the road.far the church site to gain an additional access
point, albeit limited.
The revised preliminary plat shows a private alley that connects to the future western stub street
and the proposed cul-de-sac. As stater!above, Stgffis unaware gfACHD's_fornnal approval of
this location but has also not been given notice of its denial. The Applicant should continue
working with ACHD to ensure the location oJ'the alley meets all ACHD requirements. The
proposed allt�vway is shown as 20 feet wide which meets UDC and Fire requirements; the
alleyivav will be deemed as a no parking Pone for its entirety. Siq f supports this all- lvwr{,v and the
alley loaded type of home,for this development.
G. Parking(UDC I1-3C):
Off-street parking is required to be provided in accord with the standards listed in UDC Table I1-
3C-6 for single-family detached and attached dwellings based on the number of bedrooms per
unit. Future development should comply with these standards.No parking plan was submitted
with the application.
The proposed street sections(33-feet wide) of'the local streets within the development,shown
on the submitted plat,accommodate parking on both sides of the street where no driveways
exist. The allupvayfor the alley-loaded homes it-ill be required to be labeled as "No Parking."
Each townhome will be required to meet the off-street parking standards and Stajfencour•ages the
developer of this site to include provisions within their HOA bylaws that prohibit garages being
used as storage. This would help alleviate some of the parking issues seen throughout the City.
Parking requirements for the fixture church site will be reviewed with the f eture conditional use
permit application.
H. Pathways(UDC 1 L-3A-8):
No multi-use pathways are proposed or required with this development because the master
pathways plan shows a multi-use pathway along the opposite side of the Ten Mile Creek on an
adjacent parcel.This Applicant is proposing attached sidewalks along all local streets that will
connect to this future inulti-use pathway as the property to the west develops and the proposed
stub street is extended westward. These sidewalks should help improve pedestrian and cyclist
connectivity from this development to other services within a mile.
L Sidewalks(UDC 11-3A-17):
Five-foot attached sidewalks are proposed along all internal local streets.There is no existing
sidewalk along E. Lake Hazel Road and Lake Hazel is expected to be widened in 2024 according
to ACHD, as stated above. Detached sidewalks are required along arterial roadwaa;s per UDC
11-3A-17. The Applicant has already agreed to dedicate additional right of wav to ACHD.for the
fixture widening oj'Lake Hazel, Therefore, Stayj`'is recommending that the Applicant construct at
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Item#24. Exhibit A
least a 5 foot detached sidewalk within the required landscape buffer along Lake Hazel, outside
of the ultimate ACHD right of way.
J. Landscaping(UDC 11-3B):
A 35-foot wide street buffer is required adjacent to E. Lake Hazel Road because it is both an
arterial roadway and noted as an entryway corridor. This buffer should be landscaped per the
standards listed in UDC 11-3B-7C and placed into a common lot that is at least 35-feet wide;this
common lot should also contain the detached sidewalk required along all arterial roadways. The
submitted landscape plan depicts a 25-foot vide karzdsccrpe burlier, the correct number of trees
appear to be shown on the submitted landscape plans (see Section 1111.D). The Applicant shall be
required to submit revised plans depicting the correct size landscape buffer along E. Lake Hazel.
In addition, the improvements required outside of the ultimate ROW should be constructed
prior to receiving building permit approvals. The submitted open space exhibit does not count
this bti&r area as quad{fled open space,for the residential development because only a small
Portion of this buffer abuts the f uture residences. Nor malli,, half of'this area would count towards
qualified open space. Staff believes the required landscape buffer and detached sidewalk.should
be constructed with the residential development and not the church site. Therefore, 5taf f is
recommending a condition o f approval to complete the f ontage improvements prior to receiving
build►.'ng permit approval and revise the open.space exhibit to.show this area on the open space
exhibit to give a more complete open space calculation.
Common open space is required to be landscaped in accord with the standards listed in UDC 11-
3G-3E. The total square footage of common open space are included in the Landscape
CalculationslRequirements table along with the required number of trees to demonstrate
compliance with UDC standards but huts Plot been updated to depict the new layout. Stuff
recommends the Applicant submit a revised landscape plan at least ten (10)dal s prior to the City
Council hearing to show the new layout and match the other revised plans.
Also shown oil the landscape plan is an area directly to the west of Lot 34, Block 1 that is within
the Ten Mile Creek easement. This area of the development is not open on both ends and does not
offer easy visibility.,. Staff is concerned with potential safety and crime issues in this small area.
UDC 11-3G-3D.3 states that "common open space shrill be located in areas of'high visibility to
avoid hidden areas and corners... " This area is not quali ing open space because it is not open
on both ends but it is still common open space and must adhere to these standards. Therefore,
Staff is recommending a condition of approval that this area he part of'Lot 34, Block I to
alleviate this potential safeo,issue. In addition, the Applicant is proposing an additional 8 trees
in order to mitigate trees that are being lost with lire development ol'this site. This note is stated
oil the submitted landscape plan.
K. Qualified Open Space(UDC 11-3G):
A minimum of 10%qualified open space meeting the standards listed in UDC 11-3G-3B is
required. The proposed future Church site is not required to meet open space standards.
Therefore, the required qualified open space for this development shall be based upon only the
portion of the property where the residential use:is proposed. According to the Applicant,the
residential area is approximately 6.05 acres. Based on this size,the Applicant should supply at
least 0.6 acres of qualified open space, or approximately 26,000 square feet. The applicant is
proposing 1,08 acres of open space, of which 0,75 acres is proposed as qualifying open space,
State'has concerns with one area of this open space and its eligibility to qualify.
The largest common open space lot is approximately 15,000 square feet and sits behveen the
proposed residences and the future church site. It is the intention of the Applicant that this open
space lot would serve as open space,for both the residential part ofthis development and.for the
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Item#24. Exhibit A
children attending thefuture church site. Again, the church site is not required to have open
space but Staff understands the desire to share this space in the,fixture. To ensure this open space
lot stays with the residential development and is used by the residences, it should he made clear
that the fixture homeowners association is to oivn and maintain this lot, and not the church owner.
hi addition to this common open space lot, the Applicant is proposing open space around the cul-
de-sac that terminates at the southern end of the development. This area is proposed to contain a
vvater feature and,seating area for residents to er jov. Part of this open space also rusts within the
Teti Mile Creek Easement and creates a small "green-way",from the western stub street and track
into this water.feature area: this proposed area is quali f i°ing.
The Ten Mile Creek.and this "green-way"can be ittilized far both open space and offer a great
green space for the proposed tou,nhontes to front on. Staff is concerned the proposed torienhomes
front o ff'of'the allele,and the Applicant is missing an opportunity to give those fitture homeowners
along the creek an additional green space area. Because of this, Staff is recommending a
condition of approval that the townhornes front toivards the green.space and trot on the alley.
4n the revised open space exhibit(Section VII.E) there is an area less than 5,000:square feet
located beliveen the alley and the local street. UDC requirements state that in order far this area
to be qualifying it roust he at least 50'by 100'in dimension. Staff uses their discretion irhen the
open space area can meet the 5.000 square_faot area requirement but nzay not meet the precise
dimensions above. In this case, this area meets neither of these benchmarks and Staff believes it is
not quali(ring open space. With this area removed from the open space calculations, Staff'has
calculated that the qualified open space.for the site is approximately 0.64 acres, or approximately
10.57%. The proposed open space still meets UDC minimum requirements and Staff finds that the
open space with the water feature and the large open space lot in the center o_f the development
are sufficient for the number of homes proposed in this development.
The required landscape buffer along E. Lake Hazel.should be shown an the open space exhibit
even though it is not qualijving open space. As stated above, Sttff'recommends these
improvements be completed with development of the residential portion of'the site. The open
.space exhibit.should be revised to short,this area to give a more complete picture of add open
space on the site in accordance with UDC 11-3G-3.
L. Qualified Site Amenities(UDC 11-3G):
Based on the area of the proposed plat(approximately 6 acres for the residential component), a
minimum of one (1)qualified site amenity is required to be provided per the standards listed in
UDC 11-3G-3C. Even if the amenities were based on the entire 14 acre parcel,one(1)qualified
site amenity would still be required.
The applicant has proposed one(i)qualified amenity; a seating area with a water feature located
at the end of the new local street.This water feature shows a small fountain and boulders that also
flows into a small stream channel.
The proposed amenity,meets the minimum UDC requirements and Staff finds it to be a nice
atnenity for the community.
M, Fencing(UDC 11-3A-6, 11-3A-7):
All fencing is required to comply with the standards listed in UDC I 1-3A-7. Fencing is shown on
the landscape plan but is not made clear as to what type of fencing it is. Fencing shown next to
any open space shall he open-vision or semi-private fencing per UDC requirements.
This fencing requirement applies to the area of the property that abuts the Teti Mile Creek. The
Ten Mile Creek itself is not located on this site bill its easement does. Ten Mile Creek is to remain
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Item#24. Exhibit A
open as this Applicant does not have rights to it. The creek should be protected during
development on this site.
N. Building Elevations{UDC I1-3A-19 1 Architectural Standards Manual}:
The Applicant has submitted sample elevations of the attached single-family homes for this
project(see Section VII.G).
The submitted elevations show all single-story attached structures ivith 1",o-cargrarages and
similar finishi►ag materials af'.stucco, masonn,, and wood. In addition, the elevations show both
shed roof and traditional pitched roof designs. The Applicant has not stated there ivill only be
single-story attached structures. StaJJ'has also not received updated elevations far the toK,nhome
style product. The suhrnitted sample elevations appear to meet design requirements far single-
fonrily hones.
Because the proposed local street running north-south is straight and relativel'v long, Staff is
recommending that inure homes are built across varving setbacks to provide variation along the
street and help ensure there is not a monotonous wall plane of homes along this street. Attached
and townhoine single-frrrrailV residential require design review approval prior to building permit
submittal. This requirement gives staff the opportunity to revieu,the site plan and ensure
compliance with the above rioted recornnrendation.
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 V11LA per the findings in Section IX of this staff report.
B. The Meridian.Planning&Zoning Commission heard these items on June 1.8,2020. At the public
hearing,the Commission moved to recommend approval of the subject Annexation and
Preliminary Plat requests.
I. Summary of Commission public hearing;
a. In favor: Tamara Thompson,Applicant Representative; Daryl Zachman, Pastor of
church to be developed in the future.
b. In opposition: None
c. Commenting: Tamara Thompson, Daryl Zachman
d. Written testimony.None
e. Staff presenting application: Joseph Dodson
f. Other Staff commenting on application: Bill Parsons
?. Key issued of public testimony
a. No issues—Daryl Zachman commented on location of shared open space and the
temporary emergency-only access along the west boundary.
3. Key issuetsl of discussion by Commission.
a. Removal or modification of Staff condition 3.B and the feasibility of either outcomes
lam. Location and size of the large common open space lot shared between the future Church
site and this preliminary plat; and issue of who will own and maintain this shared open
space lot
c. Whether this plat should be combined with the future conditional use permit required for
the Church site and how the two projects will function together;
d. Wants Applicant to look at some sort of netting to prevent broken windows from the
adiacent golf course.
4. Commission change(s)to Staff recommendation:
Page 11
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Item#24. Exhibit A
a. Modify condition 1.F to include language that jqqqj[qLjk future HOA and the Church
enter into a use agreement to ensure perpetual maintenance of the common open space
located on Lot 2, Block 2;
b. Remove condition_3.g from the staff report.
5. Outstanding issues) for City Council:
a. Apnlirant has not submitted any information on the netting that Commission wanted
them to discuss internally;Council should discuss whether they want to condition
netting along the eastern houndM or not.
C. Thc-Meridian City CQuacil-heard_thcse_itclxts_oriAup%t_i the
C Qun c K m-Qi&d t4 app_roye_th"-uhiec_t_Annuxatiion and Prefirn Pit rem est .
i_, Sumniaaof the-_C ity Couadd.D-ublic-�ari��
a. In fix Tamam-Th-oixapwn.-TUlmd-Gw .(App -ant p.1 K.ti Eit gerald.
b, In opposition- Annette Alonso,Southern Rim Coalition
c_ CDM=Mting;_TM_rk=T om son_AnnM-AlonsU.a-«d-Kit_Filzgm
d. W 'it&nd mony Nouc
g, Styr n n�agplic dos h s n C nt v ociate Planner
f. Othor-Staff commenting on-applic-atiaw,N-Qrtc T
?, kcy issues}of public lutimoDy;
a. Open space location;
lmsky-jr,n;fix hi�area of the Citvs
c, RoadS�nrl liiyity_to future 0-__'ec - -to
-�h�c;�
d. School enrollment and cap itacity+.
3= K�js�uet^si f dis�iurt-byCy-C-oancil:
a. Guest_ aka rking and where that cold occur ansite,specif tally f�r_the tawnhome units;
b: Ex ect _demo2raDhic of homebbe5 in this neiahborhoodrested to how it might
offe�t_ncar�y_Sch��LctucWn��Ltttatis�lr_c�dy�u�.�u�; --- -- --
r. Whether thragis a ne tczadd a Gondijonforgett Lg Alnng homey aw tha f
course to the east as requested by the Commission or if it shouldbef tniduaodv
h=cQwBM_QahQwIhu wsauld likes mitigate any fut=15'auO �--
4. ON Council ciae(sl to:Commission recommendation:
Page 12
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Item#24. Exhibit A
VII. EXHIBITS
A. Annexation Legal Description and Exhibit Map
ANNEXATION
ZZj �jT HE
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LAND Page 1 OF 1
GROUP
February 19,2020
Project No.. 119022
ANNEXATION
CALVARY CHAPEL TREASU RE VALLEY INC.
A parcel of land as shown on Record of Survey Number 2880,recorded as Instrument Number
94050954,records of Ada County,situate in a portion of Government Lot 3,Section 4,
Township 2 North,Range 1 East,Boise Meridian,City of Meridian,Ada County,Idaho,being
more particularly described as follows:
BEGINNING at the North Quarter Corner of said Section 4(from which the Northwest Corner of
said Section 4 bears South 89*5628"West,265 1.6 6 feet distant);
Thence on the north/south midsection line of said Section 4,South 00'37'05"West,2356.13
feet;
Thence leaving said north/south midsection line and on the southerly and westerly boundary of
said parcel shown on Record of Survey Number 2880,South 89'59'56"West,21.00 feet;
Thence North 28°52'16"West,82.77 feet;
Thence North 34'04'12"West,1548.37 feet to a point on the north section line of said Section
4;
Thence on said north Section line North 89`56'28"East,943.00 feet to the POINT OF
BEGINNING
The above described parcel contains 14.87 acres,more or less.
PREPARED BY:
The Land Group,Inc. L LA
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Page 13
Page 307
Item#24. Exhibit A
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N .FAST LAKE
HAZEL ROAD N1/4 CORNER
SECTION 4
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SECTION 4 3727 E.LAKE HAZEL Rd,
1.2N..RA E.,B.M. APN:81404212435
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ANNEXATION AREA
AREA: 14.87 Acres.
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oefu ul Issuance:FeUmfy 10.202a
WI OR` THE Calvary Chapel Treasure Valley Inc. •—
ry LAND Annexation o
�--GROUP �-
Page 14
Page 308
Item#24. Exhibit A
B. Master Development Concept Plan
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Item#24. Exhibit A
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Page 16
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Item#24. Exhibit A
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- Page 20
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Item#24. Exhibit A
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Page 21
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Page 23
Page 317
Item#24. Exhibit A
V1I1. CITY/AGENCY COMMENTS & CONDITIONS
A. PLANNING DIVISION
1. A Development Agreement(DA) is required as a provision of annexation of this property.
Prior to approval of the annexation ordinance,a DA shall be entered into between the City of
Meridian,the property owner(s) at the time of annexation ordinance adoption,and the
developer.
Currently,a fee of$303.00 shall be paid by the Applicant to the Planning Division
prior to commencement of the DA. The DA shall be signed by the property owner
and returned to the Planning Division within six (6)months of the City Council
granting the annexation. The DA shall, at minimum, incorporate the following
provisions:
a. Future development of this site shall be generally consistent with the submitted
and revised plans and conceptual building elevations for the attached single-
family and townhome dwellings included in Section VII and the provisions
contained herein.
b. The Applicant shall comply with the ordinances in effect at the time of
application submittal.
c. Direct lot access to E. Lake Hazel Road shall be prohibited.
d. The entire frontage improvements along E. Lake Hazel Road shall be
completed with the first phase of development.
e. The proposed townhome units shal I front on open space and not on the
alleyway,especially those units facing the Ten Mile Creek,
f. Lot 2, Block 2 shall be a non-buildable lot in perpetuity owned .,Ra m wainea
and flet Owned and Maintained by the 4tiufe C-hul and the Church and future
homeowner's association shall enter into a use agreement to ensure continued
maintenance of this lot.
S
building elevations of flie proposed townhome w3its
3 Ten(1n)days p ,.to .he City Council hearing the The rcyise_d_preiiminary plat included in
Section V ILCD,dated n" 5"02 Jul -30,2020, is apnro�ed as
mlb-mitts
a-: zixd a note prohibiting d-ire'! !at access via E. Lake Hazel Road-.
,
adding i!tB this !at and removing it&afn any eemn�wn l6t t8 eliminate a potential sa"
na ffie i -a
e. Coordinate with theACHD and Staff on the final position of!he pr-Oposed alleyway fi3
Page 24 —
Page 318
Item#24. Exhibit A
proposed" i
saf�ty kit this intafseetion-_
4. Ten r l0'drys prior-to the,Citz,Council hearing the The_rev_ised landscape plan included in
Section VI1,F,dated ne 042020 August 3, 20 C}, �'��� e._`� oa S1�•" 15 approved.
a. standards sted in U DC
] ^�
I-,
b. Ohafiges in
landseape ealeulatioRs shall also be r-efleeted in the ealeulatimis table.
c.
Gai-r-eet the landseape buffer a!eng.E. Lake Hazel to shew the i-equir-ed 35 feet b,
width in aceordance with the dimensional siandards for R 15 zoning distriet, UDC 11
2 ter
5. ,
the open spaee exhibit ineluded in Seetion
V!1,9 slial 1 be revised to skew the r-eqW i-ed 3 5 feet landseape bti�F along Fi �,ake 14 we!and
show this area in the calculations iable
6. Future development shall be consistent with the R-15 dimensional standards listed in UDC
Tab]e 11-2A-7 for all buildable lots.
7,. Off-street parking is required to be provided in accord with the standards listed in UDC Table
l 1-3C-6 for single-family dwellings based on the number of bedrooms per unit.
K_ Staff recommends the Applicant work with ACHD on allowing the emergency only access as
an additional access for the church site after the parcel to the west develops and provides a
secondary access into the development.
9.. 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 cominon 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 1 l-
6C-3D.
10. The Applicant shall obtain Conditional Use Permit approval prior to development ofIhe
future church site,per UDC Table I 1-2A-2.
11_ Administrative Design Review application is required to be submitted and approved prior to
submittal of any building permit applications for single-family attached dwellings and
townhomes, as applicable.
12_ Future homes along the proposed"Street A"shall provide variation in building setbacks to
provide for an attractive streetscape. A master plan depicting varying building setbacks shall
be submitted with the required design review applications.
13. The Ten Mile Creek that abuts the subject site along its western boundary shall be protected
during constriction.
14. The Applicant shall construct a temporary turnaround with a minimum turning radius of45
feet at the end of the proposed western stub street in alignment with ACHD policies.The
turnaround is required until such time that the stub street connects to future streets in the
development to the west.
- Page 25
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Item#24. Exhibit A
B. PUBLIC WORKS
1. Site Specific Conditions of Approval
I.l A street light plan will need to be included in the final plat application. Street light plan
requirements are listed in section 6-7 of the City's Design Standards.
1.2 An FLDP(Flood Plain Development Permit] is required.Currently the property is within an
"A Zone". Study submitted requires culvert on Lake Hazel to be replaced and LOMR
completed to change maps.
1.3 Sanitary sewer mains are not allowed in common driveways.
1 A Applicant to provide"to and through"sanitary sewer mainline connection to the property to
the west.
1.5 The water main extension in E. Lake Hazel Road is shown in the wrong utility corridor, as
depicted on the conceptual engineering submitted with the application. The water main
should remain north of center-line instead of being moved south of center-line. In addition,
the water main in E. Lake Hazel Road needs to be a 12-inch diameter,not an 8-inch diameter
as shown. We prefer to have a mainline stub or service line(whichever is needed)to the
future church lot to eliminate cutting the new road in the future.
L6 The geotechnical investigative report prepared by MTI (Materials Testing& Inspection)
dated March 7,2003,and updated July 4_=O3 indicates some very significant groundwater
and soils concerns,and specific construction considerations and recommendations. The
applicant shall be responsible for the strict adherence of these considerations and
recommendations to help ensure that homes are constructed upon suitable bearing soils, and
that shallow groundwater does not become a problem with home construction. Prior-to this
requir-ed to submit up to date ground water- menitar-ing data bnsed upon current
adopted building eodes,as well as any other updated geeteebuleal inMr-mation or-
1.7 Due to the very significant groundwater and soils concerns on site,structures are to be
founded on conventional reinforced spread footings and walls,and slab-on-grade
foundations.
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 fi-orn 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 8-5-5.
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 casement widths shall be 24-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
Page 26
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Item#24. Exhibit A
an executed easement(ran 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 8112"x 1 I"map with bearings and distances
(marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a
Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this
document. All easements must be submitted,reviewed, and approved prior to development
plan approval.
24 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)375-521 1.
2.9 Street signs are to be in place,sanitary sewer and water system shall be approved and
activated,road base approved by the Ada County Highway District and the Final Plat for
this subdivision shall be recorded,prior to applying for building permits.
2.10 A letter of credit or cash surety in the amount of 110%will be required for all uncompleted
fencing, landscaping,amenities,etc.,prior to signature on the final plat.
2.11 All improvements related to public life,safety and health shall be completed prior to
occupancy of the structures.Where approved by the City Engineer,an owner may post a
performance surety for such improvements in order to obtain City Engineer signature on the
final plat as set forth in UDC 1 1-5C-3B.
112 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 Iocations with the Meridian Post Office.
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Item#24. Exhibit A
2.16 Alf grading of the site shall be pertarmed in conformance with MCC I 1-12-3H.
2.17 Compaction test results shall be submitted to the Meridian Building Department for all
building pads receiving engineered backfi11,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 andJor
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 constriction 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.merldiancity.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 857-221 I.
2.23 The City of Meridian requires that the owner post to the City a warranty surety in the
amount of 20%of the total construction cost for all completed sewer,water and reuse
infrastructure for duration of two years.This surety will be verified by a line item cost
estimate provided by the owner to the City. The surety can be posted in the form of an
irrevocable letter of credit,cash deposit or bond. Applicant must file an application for
surety,which can be found on the Community Development Department website. Please
contact Land Development Service for more information at 897-221 I.
C. FIRE DEPARTMENT(MFD)
htW.,I:Ilwel)lit2_k.meridia►icitt,.otglWebLittk/Do 186859&dbid=0&repo=AferidianC
ity&Ct=1
D. POLICE DEPARTMENT(MPD)
https:llwebliitk,meridianciU-org/WebLinklDocuiew_uspx?id--186743&dhid 0ftpo=MeridianC
itv
E. BOISE PROJECT BOARD OF CONTROL(BPBC)
htWs:11web1ink.ineridiancihy.otg1PVebLh2k1Doc•View.aspx?id=188199&dbid=0&rMa=Meridian C
in,
Page 28
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Item#24. Exhibit A
F. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ)
https:l/weblirik,ineridiancit,.oiglWebLitikIDoeView.yW,y?id-188719&dbid O&r==MeridiatiC
i tv
G. CENTRAL DISTRICT HEALTH DEPARTMENT(CDH)
https:llweblink.meridiarac►nt.orglWebLinklDocView.asWx?id--188182&dbid=O&repo=McridianC
1A'
H. ADA COUNTY HIGHWAY DISTRICT(ACHD)
https:11weblink meridiancity.orglFVebLink1Doc View.aspa?id=190509&dbid=fl&repo=MeridianC
tY
IX. FINDINGS
A. Annexation and/or Rezone(UDC I 1-5B-3E)
Required Findings: Upon recommendation from the commission, the council shall make a full
investigation and shall, at the public hearing, review the application. In order to grant 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;
Council finds the proposed zoning map amendment to R-15 and proposed uses are consistent
with the Comprehensive Plan, if'all provisions or the Development Agreement and conditions
of approval are complied with.
2. The map amendment complies with the regulations outlined for the proposed districts,
specifically the purpose statement;
Council finds the proposed zoning map amendment will allow for the development of'single-
familt,detached horses which will contribute to the range of housing opportunities available
within the Cit}', consistent with the Comprehensive Plan, and the purpose statement of the
residential districts.
3. The map amendment shall not be materially detrimental to the public health,safety,
and welfare;
Council finds the proposed zoning map amendment should not be detrimental to the public
health,safety and we fare.
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
Council_inds the proposed zoning map amendment will not result in an adverse impact on
the delivery of services by any political subdivision providing public services within the City.
5. The annexation(as applicable) is in the hest interest of city.
Council finds the proposed annexation is in the best interest of the City per the Analvsis in
Section Fr
B. Preliminary Plat Findings:
In consideration of a preliminary plat,combined preliminary and final plat,or short plat,
the decision-making body shall make the following findings-
- Page 29
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Item#24. Exhibit A
1. The plat is in conformance with the Comprehensive Plan;
Council finds that the proposed plat, with Staffs recommendations, is in substantial
compliance with the adapted Comprehensive Plan in regard to land use, densitY,
transportation, and pedestrian connectivity. (Please .see Comprehensive Plan analysis and
other analvsis in Section V of this report for more it jarmation)
2. Public services are available or can be made available and are adequate to accommodate
the proposed development;
Council finds that public services will he provided to the subject properh, with development.
(See Section VIII ul'the Stajj'Report.for more details_/rent public service providers)
3. The plat is in conformance with scheduled public improvements in accord with the City's
capital improvement program,
Because City water and sewer and anv other utilities will be provided by the development at
their own cost, Council finds that the subdivision will not require the expenditure of capital
improvement finds.
4. There is public financial capability of supporting services for the proposed development;
Council finds there is public financial capabilit-v oj'supporting services,for the proposed
development based upon comments front the public service providers(i.e..Police,Fire,ACHD.
etc). (See Section V11 for more i►rfor-malion)
5. The development will not he detrimental to the public health, safety or general welfare;
and,
Council is not aware of anv health, safet}!, or environmental problems associated With the
platting oj'this property. ACHD considers road safety issues in their analysis and approves of
the project.
G. The development preserves significant natural, scenic or historic features.
Council is unaware of any.significant natural, scenic or historic features that exist on this site
that require preserving. The Ten Mile Creek does not reside on this property but its easement
will be respected.
- Page 34
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