Z - Development Agreement (2020-178122) ADA COUNTY RECORDER Phil McGrane 2020-178122
BOISE IDAHO Pgs=42 KRISTINA LOWRY 12/23/2020 10:33 AM
CITY OF MERIDIAN, IDAHO NO FEE
DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. Corey D. Barton, Owner
4. Southpoint Estates LLC,Developer
THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into
this 22nd day of December , 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 Corey D.Barton,whose address is 1977 E.Overland Road,Meridian,ID
83642, hereinafter called OWNER and Southpoint Estates LLC,whose address is PO Box 6385,
Boise,ID 83707 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§67-6511A 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 11-58-3 of the Unified Development Code ("UDC"), which
authorizes development agreements upon the annexation and/or re-zoning of
land; and
1.4 WHEREAS, Owner and/or Developer have submitted an application for a
annexation and zoning of 10.41 acres of land with an R-8 (medium density
residential) zoning district on the property listed in Exhibit"A" (attached),
under the Unified Development Code, which generally describes how the
Property will be developed and what improvements will be made; and
1.5 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,
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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 28th day of July, 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
October 11,2016, Resolution No. 16-1173, and the UDC, Title 11.
NOW, THEREFORE, in consideration of the covenants and conditions set forth
herein,the parties agree as follows:
2. INCORPORATION OF RECITALS: That the above recitals are contractual and
binding and are incorporated herein as if set forth in full.
3. DEFINITIONS: For all purposes of this Agreement the following words,terms,and
phrases herein contained in this section shall be defined and interpreted as herein provided for,unless
the clear context of the presentation of the same requires otherwise:
3.1 CITY: means and refers to the City of Meridian,a party to this Agreement,
which is a municipal Corporation and government subdivision of the state of
Idaho, organized and existing by virtue of law of the State of Idaho, whose
address is 33 East Broadway Avenue,Meridian,Idaho 83642.
3.2 OWNER: means and refers to Corey D. Barton, whose address 1977 E.
Overland Road, Meridian, ID 83642, 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 Southpoint Estates LLC, whose
address is PO Box 6385, Boise, ID 83707, the party 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
preliminary plat, landscape plan and conceptual building elevation for the
single-family dwellings included in Section VII and the provisions contained in
the Staff Report attached to the Findings of Fact and Conclusions of Law
attached hereto as Exhibit"B".
b. The applicant shall comply with the ordinances in effect at the time of
applications submittal.
C. Direct lot access to W. Overland Road shall be prohibited.
6. COMPLIANCE PERIOD This Agreement must be fully executed within six (6)
months after the date of the Findings for the annexation and zoning or it is null and void.
7. DEFAULT/CONSENT TO DE-ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
7.1 Acts of Default. Either party's failure to faithfully comply with all of the
terms and conditions included in this Agreement shall constitute default under
this Agreement.
7.2 Notice and Cure Period. In the event of Owner and/or Developer's default
of this Agreement,Owners and/or Developer shall have thirty(30)days from
DEVELOPMENT AGREEMENT—SAGEWOOD WEST(H-2020-0038) PAGE 3 OF 8
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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
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
DEVELOPMENT AGREEMENT—SAGEWOOD WEST(H-2020-0038) 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 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 1 I 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:
Corey D.Barton Southpoint Estates LLC
1977 E. Overland Rd. PO Box 6385
Meridian,ID 83642 Boise,ID 83707
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.
DEVELOPMENT AGREEMENT—SAGEWOOD WEST(H-2020-0038) PAGE 5 OF 8
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16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time
is strictly of the essence with respect to each and every term,condition and provision hereof,and that
the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default
under this Agreement by the other party so failing to perform.
17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure
to the benefit of the parties' respective heirs, successors, assigns and personal representatives,
including City's corporate authorities and their successors in office. This Agreement shall be binding
on the Owner and/or Developer,each subsequent owner and any other person acquiring an interest in
the Property. Nothing herein shall in any way prevent sale or alienation of the Property,or portions
thereof,except that any sale or alienation shall be subject to the provisions hereof and any successor
owner or owners shall be both benefited and bound by the conditions and restrictions herein
expressed. City agrees,upon written request of Owner and/or Developer,to execute appropriate and
recordable evidence of termination of this Agreement if City,in its sole and reasonable discretion,had
determined that Owner and/or Developer have fully performed their obligations under this
Agreement.
18. INVALID PROVISION: If any provision of this Agreement is held not valid by a
court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement
and the invalidity thereof shall not affect any of the other provisions contained herein.
19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided,each party
shall act reasonably in giving any consent,approval,or taking any other action under this Agreement.
20. COOPERATION OF THE PARTIES: In the event of any legal or equitable action
or other proceeding instituted by any third party (including a governmental entity or official)
challenging the validity of any provision in this Agreement, the parties agree to cooperate in
defending such action or proceeding.
21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements,
agreements,condition and understandings between Owner and/or Developer and City relative to the
subject matter hereof,and there are no promises,agreements,conditions or understanding,either oral
or written, express or implied, between Owner and/or Developer and City, other than as are stated
herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or
addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and
signed by them or their successors in interest or their assigns,and pursuant,with respect to City,to a
duly adopted ordinance or resolution of City.
21.1 No condition governing the uses and/or conditions governing re-zoning of the subject
Property herein provided for can be modified or amended without the approval of the
City Council after the City has conducted public hearing(s) in accordance with the
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
DEVELOPMENT AGREEMENT—SAGEWOOD WEST(H-2020-003 8) PAGE 6 OF 8
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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:
Southpoint Estates LLC
Corey D. on By: l
Its: S'V/
CITY OF MERIDIAN ATTEST:
By:
Mayor Robert E. Simison Chris Johnson, City Clerk
DEVELOPMENT AGREEMENT—SAGEWOOD WEST(H-2020-0038) PAGE 7 OF 8
Page 223
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STATE OF IDAHO )
ss:
County of Ada )
On this�W day of 5 C'r. ,2020,before me,the undersigned,a Notary Public in and for said State,personally
appeared Corey D.Barton known or identified to me to be the person who signed above and acknowledged to me that he
executed the same.
IN WITNESS WHER ®/fto set my hand and affixed my official seal the day and year in this
certificate first above written,�\\ P�,,,,,�•�r�`s��j��
(SEAL) ,� .• �^►•• Wt.
• COMMISSION Notary Public for Idaho
• _
XPIR(S 6.5.2022 Residing at:_NAr,'ot .
My Commission Expires: la-OS-�a-
OF I'D
STATE OF IDAHO ) ss:
County of Ada )
On this day of tJ�,2020,before me,the undersigned,a Notary Public in and for said State,personally
appeared ,known or identified to me to be the of
Southpoint states,LLC and The person who signed above and acknowledged to me that he executed the same on behalf
of said Corporation.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year in this
certificate first above written. ��aarpa,
(SEAL) G1L 'A.'fy "6�La
No ary Public for Idaho
Residing at:
Pjje C My Commission Expires: •
STATE OF IDAHO ) �4�$
ss r
• l0
County of Ada ) •i� ftmses
On this 22nd day of December ,2020, before me, a Notary Public,personally appeared
Robert E.Simison and Chris Johnson,known or identified to me to be the Mayor and Clerk,respectively,of the City of
Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and
acknowledged to me that such City executed the same.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year in this
certificate first above written.
(SEAL) Notary Public for Idaho
Residing at: Meridian,Idaho
Commission expires: 3-29-2022
DEVELOPMENT AGREEMENT—SAGEWOOD WEST(H-2020-0038) PAGE 8 OF 8
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item#�o. EXHIBIT A
Sawtooth Land Surveying, LLC
2030 5.Ws5hingtor A✓e,
Emmett, ID 836 17
(205)358-8104
F:(208)398-8 05
Sagewood West Subdivision Annexation Description
BASIS OF BEARING for this description is South 8913442"East, between a brass carp
marking the northwest corner of Section 24 and a brass cap marking the N1/4 of Section 24,
both in T. 3 N., R. 1 W., B.M., City of Meridian,Ada County, Idaho.
A parcel of land being a portion of the NW1/4 of the NW1/4 of Section 24,T. 3 N., R. 1 W.,
B.M.,City of Meridian Ada County, Idaho, more particularly described as follows:
COMMENCING at the northwest corner of said Section 24;
Thence South 89034'42"East,coincident with the centerline of W. Overland Road, 800.09 feet
to the POINT OF BEGINNING;
Thence continuing, South 89°3442"East coincident with said centerline of W. Overland Road,
a distance of 77.38 feet;
Thence leaving said centerline of W. Overland Road, South 0°25'18"West,48.00 feet to a 5/8"
rebar with no cap;
Thence South 57046'04"East, 532.56 feet to a 5/8"rebar with no cap on the west boundary
of Sagewood Subdivision,as shown in Book 110 of Plats, Pages 15846-15847,Ada County
Records;
Thence South 0126'18"West, coincident with said west boundary of Sagewood Subdivision,
759.66 feet to a 5/8"rebar with no cap marking the southwest corner of said Sagewood
Subdivision and an angle point in the northerly boundary of Fall Creek Meadows Subdivision
No. 2,as shown in Book 115 of Plats, Pages 17180-17188,Ada County Records;
Thence South 0019'18"West, coincident with said northerly boundary of Fall Creek Meadows
Subdivision No. 2, a distance of 29.74 feet to a 5/8"rebar/cap PI_S 11334;
Thence North 77045'27"West, coincident with the northerly boundary of said Fall Creek
Meadows Subdivision No. 2 and Fall Creek Meadows Subdivision No. 1, as shown in Book 114
of Plats, Pages 17036-17046,Ada County Records, 313.88 feet;
Thence North 61003'23"West, coincident with said northerly boundary of Fall Creek Meadows
Subdivision No. 1, a distance of 351.87 feet to a 5/8"rebar/cap PLS 11334;
P:1202011 EMT1120017-1335 W OVERLAND SUB-CG\Survey\Drawingsl0escriptions1120017-Sagewood West
Annexation Description.docx
I1
Sagewood West Subdivision—H-2020-0038 Page 225
ttem#�o. EXHIBIT A
I
Thence South 6600134"East, 134.28 feet to a 1/2"rebar/cap PLS 7323;
Thence North 2025'32"West, 396.59 feet to a 1/2"rebar/cap PLS 7323;
Thence North 2001'52"West, 178.11 feet to a 1/2"rebar/cap PLS 7323;
Thence North 1048'29"West, 147.07 feet to a 1/2"rebar/cap PLS 7323;
Thence North 0113525"West, 167.48 feet to a 5/8"rebar/cap PLS 5082;
Thence North 0°07'23"W., 51.00 feet to the POINT OF BEGINNING.
The above described parcel contains 10.41 acres, more or less.
0 s
1157
qT E OF
� R BEAG�'
P:1202011 EMT11 20 0 1 7-1 335 W OVERLAND SUB-COkSurvey\Drawings%Descriptions1120017-Sagewood West
Annexation Description.docx
12
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Sagewood West Subdivision—H-2020-0038 Page 226
EXHIBIT A
BASIS OF BEARING
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BOOK IL5,PAGES 17190-17188
PROJECT, OWNERIDEVELOPER: 2030 S. WASHINGTON AVE. OWE;
SAGEWOOD WEST SUBDIVISION EMMETT,ID 83617 120017-EX
ANNEXATION EXHIBIT COAfGFR GROUP P. (208)398-8104 PROJECT#
MERIDIAN,IDAHO F, (208)398-8105 120017
SHEET
DATE. 312020 WWW.SAWTOOTHLS.COM 1 OFI
Sagewood West Subdivision—H-2020-0038 Page 227
item#90. EXHIBIT B
CITY OF MERIDIAN
FINDINGS OF FACT,CONCLUSIONS OF LAW C (([E IDIAl`T
AND DECISION&ORDER
In the Matter of the Request for Annexation and Zoning,and Preliminary Plat,by Southpoint
Estates,LLC.
Case No(s).H-2020-0038
For the City Council Hearing Date of: July 14,2020 (Findings on July 28,2020)
A. Findings of Fact
1. Hearing Facts(see attached Staff Report for the hearing date of July 14,2020, incorporated by
reference)
2. Process Facts(see attached Staff Report for the hearing date of July 14,2020, incorporated by
reference)
3. Application and Property Facts(see attached Staff Report for the hearing date of July 14,2020,
incorporated by reference)
4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing
date of July 14, 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.
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of July 14, 2020, incorporated by reference. The conditions are concluded to be
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(Sagewood West—FILE#11-2020-0038) - I - Page 228
Meridian City Council Meeting Agenda July 28,2020— Page 34 of 175
Item#10.
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 § I 1-5A 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 Zoning, and Preliminary Plat is hereby approved
per the conditions of approval in the Staff Report for the hearing date of July 14,2020, 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 1 I-
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 11-5B-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(Sagewood West—FILE#11-2020-0038) -2-
Meridian City Council Meeting Agenda July 28,2020— Page 35 of 175
Item#10.
City Code Title I I(UDC 11-513-617).
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 67-6511A. 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
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 14,2020
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(Sagewood West—FILE#H-2020-0038) -3- Page 230
Meridian City Council Meeting Agenda July 28,2020— Page 36 of 175
By action of the City Council at its regular meeting held on the 28th day of July
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: Charlene Way Dated: 7-28-2020
City Clerk's Office
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(Sagewood West—FILE#H-2020-0038) -4-
Meridian City Council Meeting Agenda July 28,2020— Page 37 of 175
Item#10. Exhibit A
STAFF REPORT C> E IDIAN -
COMMUNITY DEVELOPMENT DEPARTMENT A H O
HEARING 7/14/2020
DATE:
Legend
\ �
Project Location
TO: Mayor&City Council ® ,
FROM: Joe Dodson,Associate Planner
208-884-5533 fl
Bruce Freckleton,Development
Services Manager
208-887-2211
® � ®.
SUBJECT: H-2020-0038
Sagewood West Subdivision -
LOCATION: The site is located at 1335 W. Overland
L;
Road,between S. Linder Road and S.
Stoddard Road, in the NW 1/4 of the NW �
'/4 of Section 24, Township 3N., Range
1W.
L PROJECT DESCRIPTION
Annexation&zoning of 10.41 acres of land with an R-8 zoning district and preliminary plat
consisting of 53 building lots and 7 common lots,by Southpoint Estates, LLC.
II. SUMMARY OF REPORT
A. Project Summary
Description Details Page
Acreage 10.41 acres
Future Land Use Designation Medium Density Residential and Commercial (on northern
portion of property)
Existing Land Use(s) Residential
Proposed Land Use(s) Residential
Lots(#and type;bldg./common) 60 total lots—53 single-family residential; and 7 common
lots.
Phasing Plan(#of phases) Proposed as one(1)phase.
Number of Residential Units(type 53 single-family units.
of units)
Density(gross&net) Gross— 5.11 du/ac.;Net—7.86 du/ac.
Open Space(acres,total 1.25 acres of qualified open space(approximately 12.04%)
[%]/buffer/qualified)
Amenities 4 amenities—Micro-pathways,public art,tot-lot(climbing
boulders),and picnic areas.
Page 1
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Meridian City Council Meeting Agenda July 28,2020— Page 38 of 175
Item#10.
Exhibit A
Description Details Page
Physical Features(waterways, N/A
hazards,flood plain,hillside)
Neighborhood meeting date;#of January 28,2020—3 attendees
attendees:
History(previous approvals) N/A
B. Community Metrics
Description Details Page
Ada County Highway District
• Staff report(yes/no) Yes Section
VIII.H
• Requires ACHD Commission No
Action(yes/no)
Access(Arterial/Collectors/State Existing access is off of E. Overland Rd—this access is
Hwy/Local)(Existing and Proposed) proposed to be closed upon development.Access is
proposed via extension of existing local streets from the
east and south.
Traffic Level of Service
Stub Street/Interconnectivity/Cross Applicant is not proposing any additional stub streets as all
Access streets into this property are from existing stub streets.
Parcels to the north,east,and west surrounding the subject
site are developed and there is no need for additional stub
streets at this time. See analysis section below for more
information on parcel to the west.
Existing Road Network Overland Road,an arterial,is fully improved with two
travel lanes in both directions abutting the site.
Existing Arterial Sidewalks/ Yes
Buffers
Proposed Road Improvements Applicant is not required to improve Overland Road or
dedicate additional right-of-way.
Distance to nearest City Park(+ Bear Creek Park(18.34 acres)— 1 mile
size)
Fire Service
• Distance to Fire Station .4 miles from Fire Station 46
• Fire Response Time Meridian Fire can meet the 5 minute response time goal.
• Resource Reliability Reliability is unknown at this time as the station is new.
• Risk Identification Risk Factor 1—Residential
• Accessibility Proposed project meets all required access,road widths,
and turnarounds.
Police Service
See Agency Comments(Section VIII.D).
West Ada School District
• Distance(elem,ms,hs) No comments submitted at this time.
• Capacity of Schools
• #of Students Enrolled
Wastewater
• Distance to Sewer Services N/A
• Sewer Shed South Black Cat Trunk Shed
• Estimated Project Sewer See application
ERU's
• WRRF Declining Balance 13.92
Page 2
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Meridian City Council Meeting Agenda July 28,2020— Page 39 of 175
Item#10. Exhibit A
Description Details Page
• Project Consistent with WW YES
Master Plan/Facility Plan
Water
• Distance to Water Services 0'
• Pressure Zone 3
• Estimated Project Water See application
ERU's
• Water Quality Concerns None
• Project Consistent with Water YES
Master Plan
• Impacts/Concerns Utility easement for possible future water main extension
must be provided to property to the west via the common
driveway.
COMPASS
• Other nearby services and Bus stop— 1.6 miles(when ValleyConnect 2.0 is
information operational,the nearest bust stop would be less than''/z mile
away)
Public School—0.3 miles(Victory Middle School)
Grocery Store—0.5 miles
Jobs to Housing Ratio—1.1 (ratio of 1-1.5 is ideal).
C. Project Area Maps
Future Land Use Map Aerial Map
-KAM
Legend Medium Density_ ,1 Legend0
aProject Location Residential 7Project Location
Mizeld -- --- -�
Employment Commercial
• � - e o
MU-Corn "` ^r r
LIE
`High Density ':�� • � � I �"
Residential
Civic
Zoning Map Planned Development Map
Page 3
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Meridian City Council Meeting Agenda July 28,2020— Page 40 of 175
Item#10. Exhibit A
Legend (� Legend
Project Location R'4 \ , Project Location
City Limits
Planned Parcels
RUT I C2 ;
TN-C RUT
C C L"p
` �R - E
R-15 RUT R-1! _
,TN-R
R-2 R-4 R-4
- E
RUT
R1 R1 R1 �PTTc
III. APPLICANT INFORMATION
A. Applicant:
Southpoint Estates LLC—PO Box 6385, Boise,ID 83707
B. Owner:
Corey Barton— 1977 W. Overland Road,Meridian, ID 83642
C. Representative:
Laren Bailey—PO Box 6385, Boise, ID 83707
IV. NOTICING
Planning& Zoning City Council
Posting Date Posting Date
Newspaper Notification 5/13/2020 6/26/2020
Radius notification mailed to
properties within 300 feet 5/12/2020 6/23/2020
Site Posting 5/18/2020 7/2/2020
Nextdoor posting 5/12/2020 6/23/2020
V. STAFF ANALYSIS
A. Future Land Use Map Designation(https://www.meridianciby.org/compplan)
Medium Density Residential—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 proposed annexation area is surrounded by existing City of Meridian zoning. The proposed
land use of detached single-family residential is consistent with the dwelling types noted in the
Page 4
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Meridian City Council Meeting Agenda July 28,2020- Page 41 of 175
Item#10.
Exhibit A
Future Land Use Map (FLUM)designation definitions. Certain densities are required to be met
on this property and the proposed project meets the densities listed above. In addition, the
proposed zoning and density are consistent with that of the surrounding development. Therefore,
Staff finds the density proposed with the preliminary plat and proposed zoning district are
consistent with the Future Land Use Map designation of Medium Density Residential.
The subject site also has the Commercial future land use designation that was added when the
comprehensive plan was revised in 2019. This applicant is choosing to utilize the residential
designation rather than the commercial designation. Pursuant to the comments above, Staff
supports the residential use and proposed R-8 zoning district in lieu of a commercial
development as this is an extension of the existing Sagewood Subdivision on the east boundary.
Further, the Hardin Drain, which runs along the north boundary,provides a natural transition
between the proposed residential development and what could be commercial uses in the future
along the Overland Road frontage.
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 HILA1. The DA is required to be signed by the property owner(s)/developer and returned
to the City within 6 months of the Council granting the annexation for approval by City Council
and subsequent recordation.
B. Comprehensive Plan Policies(https:Ilwww.meridiancitE.or /g compplan):
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" (2.01.01 G). The proposed R-8
zoning and proposed land use of single family residential is an extension of what exists
near the subject site today. R-8 zoning and detached single-family homes are abundant in
the immediate areas to the south and east but within a half mile of the site, there are a
multitude of land-uses that include existing lower density residential, civic (school site,
park site, and fire station), light-industrial, office, and multi family residential. Due to
the nearby mix of existing and future uses and the size of this site, Staff finds the proposed
project to meet the intent of 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 quality amenities" (2.02.01A). This new
subdivision does not offer additional multi-use pathways but will offer attached sidewalks
and micro pathways that will help connect neighboring subdivisions together and create
a more walkable neighborhood. W. Overland Road is labeled as a transportation
corridor in the ACHD Master Street Map and additional pedestrian connections to this
corridor are welcomed. This additional connection will allow easier pedestrian access
for nearby developments that currently do not have said access to Overland Road.
The open space proposed at the southern end of this development offers some actual
usable open space for children but is not centralized. These areas (approximately 19,000
square feet combined) are only separated by a local street at the southern end of the
property which helps create an area that will be more inviting to the neighborhood.
However, the area in the northern portion of the subdivision, but central to the site,
appears to be a token piece of open space to accommodate seepage beds. Staff finds the
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Meridian City Council Meeting Agenda July 28,2020— Page 42 of 175
Item#10. Exhibit A
open space to be adequate but not premier. The addition of a tot-lot with climbing
boulders and the addition of a picnic area with public art help elevate the open
space/amenity package in this development.
"Reduce the number of existing access points onto arterial streets by using methods such
as cross-access agreements, access management, and frontage/backage roads, and
promoting local and collector street connectivity" (6.01.02B). The proposed street
network is an extension of existing local street stub and the Applicant has chosen to close
the existing access to W. Overland Road. Staff and ACHD support the internal local
street connectivity because it is designed to integrate with the existing street network that
was put in place with the developments to the south and east. The proposed access points
easily meet the intent of this Comprehensive Plan policy.
The City is currently processing a land use application for a commercial development on
the property to the west and interconnectivity is an integral part to both of these
applications. Staff has recommended this property owner and the property owner to the
west meet and discuss this interconnectivity and possibly work together to create a
shared access to Overland Road near the existing curb cut for the property to the west.
Staff is unaware if this meeting has occurred. There is no guarantee that the application
being processed for the property to the west will be approved as a commercial
development and its existing zoning of R-8 could remain. If the property to the west
develops as commercial an emergency only access should be provided; if it develops as
residential, a full stub street should be provided to their western boundary. Staff has
added a condition of approval regarding this in Section VIII.A of this staff report.
"Provide housing options close to employment and shopping centers" (3.07.02D). The
proposed Sagewood West development is in close proximity to existing employment and
shopping centers. Within a half mile is a Wal-Mart, assisted living facility, water park,
school, and the commercial intersection of Overland and Meridian Rd. These businesses
offer both services and employment opportunities within walking distance of this
subdivision.
"Preserve,protect, and provide open space for recreation, conservation, and aesthetics"
(4.05.0IF).As proposed, this development would provide approximately 12%open space
for the subdivision. However, Staff has concluded that not all of this area meets UDC
requirements as proposed. Staff is recommending conditions of approval to correct this
and with that more open space would be available for both this subdivision and its
neighbor to the east, Sagewood Subdivision. The open space proposed is provided via
common open space lots at both ends of the development, north and south. Within the lots
in the southern half of the plat, climbing boulders and a seating area with public art are
proposed. In the northern half of the plat, there is a green space lot and a common lot
with a micro pathway proposed. Staff finds that if the common lot with the pathway can
meet UDC requirements to count towards linear open space, it would be a great addition
of open space and pedestrian connection for this subdivision and adjacent subdivisions.
Staff finds this development to be generally consistent with Comprehensive Plan
policies and objectives.
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Meridian City Council Meeting Agenda July 28,2020— Page 43 of 175
Item#10. Exhibit A
C. Existing Structures/Site Improvements:
There is an existing home located in the southern portion of the subject site. This
residence will be removed from the property prior to development. There is also a private
dirt/gravel driveway that comes from the existing access onto Overland Road—as
discussed, this access will be closed by the Applicant and the private road will no longer
exist. No other site improvements are known at this time.
D. Proposed Use Analysis:
The proposed use is single-family residential; single-family detached dwellings are listed
as principally permitted uses in the R-8 zoning district per UDC Table I I-2A-2.
This development is proposed as one (1)phase and all existing access points to Overland
Road be closed. There is no requirement for an emergency access as this project is
proposed with three (3) access points. According to the submitted preliminary plat, all
lots appear to meet the required zoning and use requirements.
E. Dimensional Standards(UDC 11-2):
All proposed lots and public streets appear to meet all UDC dimensional standards per
the submitted preliminary plat. This includes property sizes, required street frontages, and
road widths.
In addition, all subdivision developments are also required to comply with Subdivision
Design and Improvement Standards (UDC I 1-6C-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. 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 extending existing local street stubs into this development. The
subdivision to the east has two stub streets to this site and the subdivision to the south has
one stub street to this site. These three accesses are more than adequate to disperse traffic
to nearby arterial roadways.
During pre-application meetings with the Applicant, a stub street to the property to their
west was requested by staff because they are currently zoned R-8 which would
accommodate a residential development. However, the property to the west also has two
future land use designations on it, residential and commercial. Because of this, the
property owner to the west has recently submitted a Rezone application to change the
zoning from R-8 to C-G with a proposed use of self-storage (the proposed use is RV
storage but is proposed as a much more specific and encompassing use than traditional
self-storage). Staff is recommending a condition of approval that this property provide a
full public street stub to the property to the west unless it develops as commercial. This
Applicant and the adjacent property owner should work together on the location of this
stub. If the adjacent western property is developed as commercial, the public street stub
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Meridian City Council Meeting Agenda July 28,2020— Page 44 of 175
Item#10. Exhibit A
may be an emergency only access—both property owners should together with ACHD on
the appropriate location for this access.
G. Parking(UDC I1-3C):
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
per unit. Future development should comply with these standards. No parking plan was
submitted with the application. The proposed street sections (33 feet wide)shown on the
submitted plat accommodate parking on both sides of the street.
H. Pathways (UDC 11-3A-8):
No multi-use pathways are proposed or required with this development. However, one of
the proposed amenities are micro-pathways that connect the internal public roads to W.
Overland Road. These connections will help improve pedestrian and cyclist connectivity
along the arterial roadway.
The submitted plat and landscape plan show a portion of the proposed micro pathway
along the Hardin Drain, which is behind the homes along the northern property
boundary. The proposed pathway does not show any trees along the pathway as is
required by code. This is due to the drain easement not allowing trees within its
easement. UDC allows Staff to require an additional five feet outside of the easement be
provided so that trees can be added and therefore meet the landscaping requirements.
Providing this additional five feet will still allow all affected building lots to meet the R-8
dimensional standards with a property depth of no less than 95 feet in length. Therefore,
Staff is recommending a condition of approval to provide this additional five feet and
subsequent landscaping along the rear property lines of Lots 4-10, Block 1.
In addition, this section of pathway turns away from the building lots and is proposed to
stop at the northeast property line which does not meet UDC requirements of being open
at both ends. The Applicant states that this micro pathway will later connect to a
common driveway that abuts the eastern property boundary but will have to go through
the adjacent property to the northeast. Staff finds it difficult to fully support this micro-
pathway layout because there is no guarantee that the property to the northeast will ever
redevelop and add this small section of pathway. Staff recommends a condition of
approval to continue the pathway behind Lots 1-3, Block 1, within a 20 foot wide
common lot (UDC 11-3G-3 standards for qualifying linear open space) that connects to
the existing common driveway that lays at the eastern property boundary in the adjacent
Sagewood Subdivision. Again, this adjustment would still allow Lots 1-3, Block I to meet
the required UDC dimensional standards for the R-8 zoning district.
NOTE:In discussions with the applicant, it is their desire to negotiate an easement
with the adjacent property owner to the northeast(parcel#S1224223106) to use a
portion of the property to extend the pathway as shown on the attached open space
exhibit. Although an easement may allow for the construction of the pathway, there is
no guarantee this area will be landscaped and maintained like a typical common lot
owned by an HOA.As an option, the applicant could try to purchase that portion of the
property(SEC) so it can be incorporated into the proposed plat. Incorporating the
property into this plat would require the applicant to obtain approval of a property
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Meridian City Council Meeting Agenda July 28,2020— Page 45 of 175
Item#10.
Exhibit A
boundary adjustment application, amend the boundary of the proposed plat and submit
a concurrent rezone application. Due to the complexity and timing needed to resolve
this issue, staff believes the extension of the common lot along the north boundary of
Lots 1-3,Block I is the most feasible solution.
I. Sidewalks(UDC 11-3A-17):
Five-foot attached sidewalks are proposed along all internal local streets. There is
existing 5-foot wide attached sidewalks along W. Overland Road. Staff is not
recommending that the existing sidewalk is removed.
J. Landscaping(UDC 11-3B):
A 25-foot wide street buffer is required adjacent to W. Overland Rd., an arterial roadway,
landscaped per the standards listed in UDC 11-3B-7C. A common lot that is at least 25-
feet wide at this section and contains the proposed micro-pathways is depicted on the plat
and the correct number of trees appear to be shown on the submitted landscape plans (see
Section VII.D).
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 Calculations/Requirements table along with the required number of trees to
demonstrate compliance with UDC standards.
Pathways are required to be landscaped in accord with the standards listed in UDC 1I-
3B-12. See further analysis above (section VHH) on proposed pathways landscaping
conditions. The total linear footage of pathways and the required number of trees is not
included on the submitted Landscape Calculations table. The landscape plan should be
corrected to depict these calculations and the required number of trees (I tree for every
100 linear feet of pathway).
K. Qualified Open Space (UDC 11-3G):
A minimum of 10%qualified open space meeting the standards listed in UDC 11-3G-313
is required. Based on the proposed plat of 10.41 acres, a minimum of 1.04 acres of
qualified common open space should be provided.
The applicant is proposing 1.25 acres of open space (or 12.04%) consisting of common
lots with open space, located on larger lots on the end caps of blocks. In addition, the
Applicant is proposing micro-pathways along the northern property boundary that
connect to W. Overland Road.
Both of the common lots proposed at the end caps of the central block are more than
10,000 square feet in area, meeting the minimum UDC requirements to count towards
qualified open space. The additional end cap lot in the southwest of site also meets these
dimensional standards and is proposed with a qualifying site amenity (picnic area with
public art). The other proposed open space is that area with the micro pathway
contained within it in the north area of the development. The proposed pathway connects
to the common driveway and heads north to connect to Overland Rd. The pathway also
turns east and heads behind the building lots and runs along the northeast boundary, as
discussed previously. As proposed, this linear open space with the pathway does not meet
UDC standards for qualified open space as it is not open on both ends as required by
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Meridian City Council Meeting Agenda July 28,2020— Page 46 of 175
Item#10. Exhibit A
UDC 11-3G-3B. Staff has calculated that if this area is not qualifying open space, the
amount of qualified open space should be reduced by approximately 15,000 square feet.
Without this area, the amount of qualified open space is reduced to about 0.9 acres which
is below the required minimum 10%qualified open space.
If the Applicant were to make the adjustments to the plat and open space per the
conditions in this report and continue the pathway lot all the way along the northeast
property boundary, this area and more could be added back into the qualified open space
calculations. If this condition cannot be met, Staff recommends that at least one building
lot be converted from a buildable lot to a common open space lot and additional open
space be provided in order to meet the minimum 10%requirement.
The adjacent subdivision to the east(Sagewood Subdivision) is operated by the same
HOA that will operate this proposed development. Because of this, the Applicant does
have the option of counting some of their excess open space with this development so
long as both projects would then meet the minimum 10%open space. Sagewood
Subdivision provided a park that is over an acre in size in addition to other qualifying
open space. Staff finds that some of this area can count towards the qualifying open
space within this development because of its proximity, two local street connections with
attached sidewalks, and the existence of the same HOA governance.
In the very southwest corner of the subject site there is a small sliver of open space
located at the rear of Lot 26, Block I that does not have adequate visibility for emergency
and police services. The Applicant is currently incorporating this odd sliver of land into
their plat in order to help the City fix a surveying mistake from the past. In discussions
with the Applicant, Staff has requested this property owner work with the property owner
to the west to transfer this area to them. If this sliver is incorporated into the property to
the west, the area will no longer be tucked away in a corner and would be usable space
by that property owner. In doing so, the Applicant will have to adjust the boundary of the
plat; Staff has included a condition of approval for this request in section VIII.A of this
staff report.
L. Qualified Site Amenities (UDC I1-3U):
Based on the area of the proposed plat (10.41 acres), a minimum of one (1) qualified site
amenity is required to be provided per the standards listed in UDC 11-3G-3C.
The applicant has proposed three (3) qualified amenities: a seating area with public art; a
boulder play area; and micro-pathways.
The proposed amenities exceed the minimum UDC requirements and Staff finds them
appropriate for the development.
M. Fencing(UDC 11-3A-6, 11-3A-7):
All fencing is required to comply with the standards listed in UDC 11-3A-7. Fencing is
proposed as shown on the landscape plan; fencing shown next to the proposed open space
and pathway lot located behind the future building lots needs to be corrected per the
conditions of approval in this staff report(see Section VIII.A3)to show open-vision or
semi-private fencing.
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Meridian City Council Meeting Agenda July 28,2020— Page 47 of 175
Item#10. Exhibit A
N. 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 VILE).
The single-family homes are depicted as both single and two-story structures with two-
car garages and a variety of finish material combinations. The homes are also shown with
optional enhancements, i.e. larger garages or a different master bathroom layout. The
submitted sample elevations appear to meet design requirements for single-family homes.
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 VIILA per the findings in Section IX of this staff report.
B. Commission:
The Meridian Planning&Zoning Commission heard these items on May 28,2020.At the public
hearing,the Commission moved to recommend approval of the subject Annexation and Preliminary
Plat requests.
1. Summary of Commission public hearing_
a. In favor: Hethe Clark,Applicant Representative
b. In opposition: None
C. Commenting: Hethe Clark
d. Written testimony:None
e. Staff presenting application: Joseph Dodson
f Other Staff commenting on application: None
2. Key issue(s)of public testimony
a. None
3. Key issue(s)of discussion by Commission:
a. Location/layout of open space and amenities within the subject site and in relation to the
adjacent subdivision to the east, Sagewood Subdivision.
b. Applicant's request to modify Staff s conditions regarding changing the lot depths and
adding landscaping to the northernmost common lot, Lot 11, Block 1.
C. Location of the proposed common drive and its purpose also serving as an emergency access
for the parcel to the west.
4. Commission change(s)to Staff recommendation:
a. Modify condition 2-B to add"if NMID does not allow for landscaping within their
easement."
b. Modify condition 3-C to add"if NMID does not allow for landscaping within their
easement."
C. Delete condition 2-C since that condition has been satisfied with a revised plat.
5. Outstandingissue(s)s�(s for City Council:
a. Condition 2-E has not been satisfied by the Applicant;Applicant was conditioned to convey
Lot 27, Block 1 to the property owner to the west prior to City Council but has not yet done
this. The Applicant intends to comply with this condition but ran out of time.
C. The Meridian Citv Council heard these items on July 14,2020.At the public hearing,the Council
moved to approve the subject Annexation and Zoning and Preliminary Plat requests.
1. Summary of the City Council public hearing.
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Meridian City Council Meeting Agenda July 28,2020— Page 48 of 175
Item#10. Exhibit A
a. In favor: Hethe Clark,Applicant Representative
b. In opposition: None
c. Commenting: Hethe Clark
d. Written testimony:None
e. Staff presenting application: Joseph Dodson
£ Other Staff commentingon application: None
2. Key issue(s)of public testimony:
a. None
3. Key issue(s)of discussion by City Council:
a. Lack of comments from West Ada School District:
b. Location of open space and tune of amenities:
c. _Question of whether the subject development will be an extension of the subdivision to
the east.
4. City Council change(s)to Commission recommendation:
a. None
Page 12
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Meridian City Council Meeting Agenda July 28,2020— Page 49 of 175
Item#10. Exhibit A
VII. EXHIBITS
A. Annexation Legal Description and Exhibit Map
Sawtooth Land Surveying, LLC
ii 2030 5.Washinator Ave
ID 8361 7
?: (208)398-8 1 0/-
396-8 05
Sagewood West Subdivision Annexation Description
BASIS OF BEARING for this description is South 8903442"East, between a brass carp
marking the northwest corner of Section 24 and a brass cap marking the N1/4 of Section 24,
both in T. 3 N., R. 1 W., B.M., City of Meridian,Ada County, Idaho.
A parcel of land being a portion of the NW1/4 of the NW1/4 of Section 24,T. 3 N., R. 1 W.,
B.M.,City of Meridian Ada County, Idaho, more particularly described as follows:
COMMENCING at the northwest corner of said Section 24;
Thence South 89034'42"East,coincident with the centerline of W. Overland Road, 800.09 feet
to the POINT OF BEGINNING;
Thence continuing, South 89113442"East coincident with said centerline of W. Overland Road,
a distance of 77.38 feet;
Thence leaving said centerline of W. Overland Road, South 0'25'18"West, 48.00 feet to a 5/8"
rebar with no cap;
Thence South 57046'04"East, 532.56 feet to a 5/8"rebar with no cap on the west boundary
of Sagewood Subdivision,as shown in Book 110 of Plats, Pages 15846-15847,Ada County
Records;
Thence South 01126'18"West, coincident with said west boundary of Sagewood Subdivision,
759.66 feet to a 5/8"rebar with no cap marking the southwest corner of said Sagewood
Subdivision and an angle point in the northerly boundary of Fall Creek Meadows Subdivision
No. 2, as shown in Book 115 of Plats, Pages 17180-17188,Ada County Records;
Thence South 0119'18"West, coincident with said northerly boundary of Fall Creek Meadows
Subdivision No. 2, a distance of 29.74 feet to a 5/8"rebar/cap PLS 11334;
Thence North 77045'27"West, coincident with the northerly boundary of said Fall Creek
Meadows Subdivision No. 2 and Fall Creek Meadows Subdivision No. 1, as shown in Book 114
of Plats, Pages 17036-17046,Ada County Records, 313.88 feet;
Thence North 61003'23"West, coincident with said northerly boundary of Fall Creek Meadows
Subdivision No. 1, a distance of 351.87 feet to a 5/8"rebar/cap PLS 11334;
P:1202011 EMT11 200 1 7-1 335 W OVERLAND SUB-CG1SurveylDrawings\Descriptions1120017-Sagewood West
Annexation Description.docx
1
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Meridian City Council Meeting Agenda July 28,2020— Page 50 of 175
Item#10.
Exhibit A
Thence South 66110134"East, 134.28 feet to a 1/2"rebar/cap PLS 7323;
Thence North 202532"West, 396.59 feet to a 1/2"rebar/cap PLS 7323;
Thence North 2001'52"West, 178.11 feet to a 1/2"rebar/cap PLS 7323;
Thence North 104829"West, 147.07 feet to a 1/2"rebar/cap PLS 7323;
Thence North 0°35'25"West, 167.48 feet to a 5/8"rebar/cap PLS 5082;
Thence North 0007'23"W., 51.00 feet to the POINT OF BEGINNING.
The above described parcel contains 10.41 acres, more or less.
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Meridian City Council Meeting Agenda July 28,2020— Page 51 of 175
Item#10.
Exhibit A
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Meridian City Council Meeting Agenda July 28,2020— Page 52 of 175
Item#10. Exhibit A
B. Preliminary Plat(fie: 4/z2,1202.0)(date: 5/27/2020)
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Meridian City Council Meeting Agenda July 28,2020— Page 53 of 175
Item#10.
Exhibit A
C. Open Space Exhibit(date: 3/27/2020)
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Meridian City Council Meeting Agenda July 28,2020— Page 54 of 175
Exhibit A
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Meridian City Council Meeting Agenda July 28,2020— Page 55 of 175
Item#10.
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Meridian City Council Meeting Agenda July 28,2020— Page 56 of 175
Item#10. Exhibit A
E. Conceptual Building Elevations
The proposed homes are one and story homes ranging in size from approximately 1,8DO square feet to 2,2DO square
feet.We are proposing 53 detached single-family homes.The proposed homes are comparable in terms of architectural
design and square footage to homes i:n the immediate vicinity.
The following elevations and floor plans are meant to be exarnples of what could be built in the development and are
subject to change.
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Page 20
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Meridian City Council Meeting Agenda July 28,2020— Page 57 of 175
Item#10.
Exhibit A
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Page 21
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Meridian City Council Meeting Agenda July 28,2020— Page 58 of 175
Item#10.
Exhibit A
VIII. CITY/AGENCY COMMENTS & CONDITIONS
A. PLANNING DIVISION
1. A Development Agreement(DA)is required as a provision of annexation of this property.
Prior to approval of the annexation ordinance, a DA shall be entered into between the City of
Meridian,the property owner(s) at the time of annexation ordinance adoption, and the
developer.
Currently, a fee of$303.00 shall be paid by the Applicant to the Planning Division
prior to commencement of the DA. The DA shall be signed by the property owner
and returned to the Planning Division within six(6)months of the City Council
granting the annexation. The DA shall, at minimum, incorporate the following
provisions:
a. Future development of this site shall be generally consistent with the
preliminary plat, landscape plan and conceptual building elevations for the
single-family 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 W. Overland Road shall be prohibited.
2. Ten(10) days prior to the City Council hearing,the preliminary plat included in Section
VII.C, dated 04/22/2020, shall be revised as follows:
a. Add a note prohibiting direct lot access via W. Overland Road.
b. If Nampa Meridian Irrigation District does not allow for landscaping within their
easement Mon Lot 11,Block 1,add five feet of width shall be added on the proposed
common lot along the rear of Lots 4-10, Block 1 to accommodate the required
landscaping for linear open space.
e.The proposed p`t",ay and eemmen lot(Lot 1rBieek 1) shall be ex endealong the aet4h betmdary of Lots 1 3,Bleek 1 in a 20 feet wide eemmen le
eat
d. The applicant shall provide a stub street at the west boundary(Parcel#S 1224223270).
Location of the stub street shall be coordinated between ACHD,the applicant and the
adjacent property owner. If the property develops with a non-residential use,an
emergency access shall be provided in lieu of the stub street.
e. Coordinate with the property owner to the west on the conveyance of the sliver of land
located at the rear of Lot 26,Block 1 of the proposed plat. The Applicant shall adjust the
boundary of the plat to reflect this change.
3. The landscape plan included in Section VII.E, dated 04/03/2020, shall be revised as follows
prior to submittal of the final plat application:
a. Revise landscape plan to show open vision or semiprivate fencing along the common
open space and pathway located on Lot 11,Block 1; all fencing shall comply with the
standards listed in UDC 11-3A-7.
b. Revise landscape plan calculations table to include the linear feet of pathway and the
required number of trees per the standards in UDC 11-3B-12.
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Meridian City Council Meeting Agenda July 28,2020— Page 59 of 175
Item#10.
Exhibit A
c Prior to the City Couneil heating,*The Applicant shall revise the landscape plan to show
an additional five feet of width with landscaping on the proposed common lot(Lot 11,
Block 1) along the rear of Lots 4-10, Block 1 to accommodate the required landscaping
per the standards in UDC 11-3B-12 if Nampa Meridian Irrigation District does not allow
for landscaping within their easement.
4. Future development shall be consistent with the minimum dimensional standards listed in
UDC Table 11-2A-6 for all buildable lots.
5. 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.
6. 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 1I-
6C-3D.
7. For any common driveway that serves a dual purpose(i.e. driveway/emergency
access/pathway), signage shall be provided to notify residents that the common driveway is a
no parking zone.
8. Prior to submittal of final plat application,the Applicant shall provide the city arborist with a
tree mitigation plan and receive approval of said mitigation plan.
B. PUBLIC WORKS
1. Site Specific Conditions of Approval
1.1 A street light plan will need to be included in the final plat application. Street light plan
requirements are listed in section 6-7 of the City's Design Standards.
1.2 Applicant shall adjust their sanitary sewer design to remove the mainline out of the common
driveway. In this case, service lines shall be extended to the common drive lots from the
mainline located in the public right-of-way.
1.3 Utility easement for possible future water main extension must be provided to property to the
west via the common driveway.
2. General Conditions of Approval
2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works
Department, and execute standard forms of easements for any mains that are required to
provide service outside of a public right-of-way. Minimum cover over sewer mains is three
feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials
shall be used in conformance of City of Meridian Public Works Departments Standard
Specifications.
2.2 Per Meridian City Code(MCC),the applicant shall be responsible to install sewer and water
mains to and through this development. Applicant may be eligible for a reimbursement
agreement for infrastructure enhancement per MCC 8-6-5.
2.3 The applicant shall provide easement(s)for all public water/sewer mains outside of public
right of way(include all water services and hydrants). The easement widths shall be 20-feet
wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via
the plat,but rather dedicated outside the plat process using the City of Meridian's standard
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Meridian City Council Meeting Agenda July 28,2020— Page 60 of 175
Item#10. Exhibit A
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 I 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.
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.
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.
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Meridian City Council Meeting Agenda July 28,2020— Page 61 of 175
Item#10. Exhibit A
2.15 Developer shall coordinate mailbox locations with the Meridian Post Office.
2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H.
2.17 Compaction test results shall be submitted to the Meridian Building Department for all
building pads receiving engineered backfill,where footing would sit atop fill material.
2.18 The design engineer shall be required to certify that the street centerline elevations are set a
minimum of 3-feet above the highest established peak groundwater elevation. This is to
ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above.
2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or
drainage facility within this project that do not fall under the jurisdiction of an irrigation
district or ACHD. The design engineer shall provide certification that the facilities have
been installed in accordance with the approved design plans. This certification will be
required before a certificate of occupancy is issued for any structures within the project.
2.20 At the completion of the project,the applicant shall be responsible to submit record
drawings per the City of Meridian AutoCAD standards. These record drawings must be
received and approved prior to the issuance of a certification of occupancy for any structures
within the project.
2.21 A street light plan will need to be included in the civil construction plans. Street light plan
requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A
copy of the standards can be found at
http://www.meridiancity.org/public_works.aspx?id=272.
2.22 The City of Meridian requires that the owner post to the City a performance surety in the
amount of 125%of the total construction cost for all incomplete sewer,water and reuse
infrastructure prior to final plat signature. This surety will be verified by a line item cost
estimate provided by the owner to the City. The surety can be posted in the form of an
irrevocable letter of credit, cash deposit or bond. Applicant must file an application for
surety,which can be found on the Community Development Department website. Please
contact Land Development Service for more information at 887-2211.
2.23 The City of Meridian requires that the owner post to the City a warranty surety in the
amount of 20%of the total construction cost for all completed sewer,water and reuse
infrastructure for duration of two years. This surety will be verified by a line item cost
estimate provided by the owner to the City. The surety can be posted in the form of an
irrevocable letter of credit, cash deposit or bond. Applicant must file an application for
surety,which can be found on the Community Development Department website. Please
contact Land Development Service for more information at 887-2211.
C. FIRE DEPARTMENT(MFD)
https:llweblink.meridiancity.org/WebLink/DocView.aspx?id=186859&dbid=0&repo=Meridian C
i &cr=1
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Meridian City Council Meeting Agenda July 28,2020— Page 62 of 175
Item#10.
Exhibit A
D. POLICE DEPARTMENT(MPD)
https:Ilweblink.meridiancity.org/WebLink/Doc View.aspx?id=186743&dbid=0&repo=Meridian C
Lty
E. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID)
https://weblink.meridiancily.org/WebLinkIDocView.aspx?id=187169&dbid=0&repo=MeridianC
iu
F. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ)
https://weblink.meridiancity.org/WebLink/Doc View.aspx?id=187164&dbid=0&repo=MeridianC
Lu
G. CENTRAL DISTRICT HEALTH DEPARTMENT(CDH)
https://weblink.meridiancity.org/WebLink/Doc View.aspx?id=187428&dbid=0&repo=MeridianC
iv
H. ADA COUNTY HIGHWAY DISTRICT(ACHD)
https://weblink.meridiancily.org/WebLink/Doc View.aspx?id=187579&dbid=0&repo=Meridian C
iv
I. COMPASS(COMMUNITY PLANNING ASSOCIATION)
https:Ilweblink.meridiancity.org/WebLink/Doc View.aspx?id=188455&dbid=0&repo=MeridianC
hty
IX. FINDINGS
A. Annexation and/or Rezone(UDC 11-5B-3E)
Required Findings: Upon recommendation from the commission,the council shall make a full
investigation and shall, at the public hearing,review the application. In order to grant an
annexation and/or rezone, the council shall make the following findings:
1. The map amendment complies with the applicable provisions of the comprehensive plan;
Council finds the proposed zoning map amendment to R-8 and subsequent development is
consistent with the Comprehensive Plan, if all provisions of the Development Agreement 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-
family detached homes which will contribute to the range of housing opportunities available
within the City, 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 welfare.
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Meridian City Council Meeting Agenda July 28,2020— Page 63 of 175
Item#10. Exhibit A
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 finds 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 best interest of city.
Council finds the proposed annexation is in the best interest of the City per the Analysis in
Section V.
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:
1. The plat is in conformance with the Comprehensive Plan;
Council finds that the proposed plat is in substantial compliance with the adopted
Comprehensive Plan in regard to land use, density, transportation, and pedestrian
connectivity. (Please see Comprehensive Plan Policies in, Section V of this report for more
information)
2. Public services are available or can be made available and are adequate to accommodate
the proposed development;
Council finds that public services will be provided to the subject property with development.
(See Section VIII of the Staff Report for more details from public service providers)
3. The plat is in conformance with scheduled public improvements in accord with the City's
capital improvement program;
Because City water and sewer and any other utilities will be provided by the development at
their own cost, Council finds that the subdivision will not require the expenditure of capital
improvement funds.
4. There is public financial capability of supporting services for the proposed development;
Council finds there is public financial capability of supporting services for the proposed
development based upon comments from the public service providers(i.e.,Police,Fire,ACHD,
etc). (See Section VII for more information)
5. The development will not be detrimental to the public health, safety or general welfare;
and,
Council is not aware of any health, safety, or environmental problems associated with the
platting of this property. ACHD considers road safety issues in their analysis and approves of
the project.
6. 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.
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Meridian City Council Meeting Agenda July 28,2020— Page 64 of 175