Z - Development Agreement (2020-178120) DE VELOPMENT CITY OF MERIDIAN, IDAHO NO FEE
PARTIES: | City ofMeridian
2. Smith Brighton |nu., ()vvour/Ceve|uper
THIS DEVELOPMENT /\GBJEEIK4SNl- (this Agreement), is ooudc and entered into
this 22ud day of December 2020, by and between City of Meridian, a municipal
corporation of the State of Idaho, hereafter called CITY whose address is33 E. Broadway Avenue,
Meridian, Idaho 82642ond Smith Brighton Uoc.` whose address is2929 VV. Navigator, #4O0,
Meridian, U) 83h42, hereinafter called OWN DR/C>|B\/ELOPER.
| RECITALS:
1.7 WHEREAS,Owner io the sole owner, in law and/or equity,of certain tract of
land in the County ofAda, State ofIdaho, 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 807-65l /f\provides that cities may,hyordinance,
require or permit ua a condition ofzoning that the Owner and/or Developer
make a written comm itinent 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 I)ove!opr0001 Code ("UDC"), v/bioh
authorizes development agreements upon the annexation and/or re-zoning of
land; and
1.4 WHEREAS, ()xmcr/[)cvc|op*r has aubonk1cd a Modification to existing
Development Agreements(>1-2O|5-00l9: Brighton Investments, [LC—Inst.
#2O(6-007072; 9[S Brighton,l.LC—Inst.#2O]6-OO7O73; K4or8oidoLimited
Partnership — Inst. #2O|6-007O74) to replace the agreements with one new
agreement based on the proposed development plan; and, Rezone of 384.97
acres ofland from the RL-4iw the k-8 (l44.78+ 119.28=204.06uc,cd, [l-15
(76.93 uovcd and C-C (43.28 acres) zoning district of the property listed in
Exhibit ^^/\", onuobed hereto, under the Unified Development Code, which
generally dcocdhcs bovv the Property will be developed and v/bu1
improvements will b#nnade; and
DcvsuopMswr AGREEMENT—APEX(H-202O-0V66) PAGE/ or8
Item#11.
1.5 WHEREAS, Owner/Developer made representations at the public hearing
before 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 Development
Agreement Modification and Rezone of Property held before the City Council,
includes responses of government subdivisions providing services within the
City of Meridian planning jurisdiction, and includes further testimony and
comment; and
1.7 WHEREAS, on the 25t" day of August, 2020, the Meridian City Council
approved certain Revised Findings of Fact and Conclusions of Law and
Decision and Order ("Findings"), which have been incorporated into this
Agreement and attached as Exhibit"B"; and
1.8 WHEREAS, the Findings require the Owner/Developer to enter into a
Development Agreement before the City Council takes final action on final
plat; and
1.9 WHEREAS,Owner/Developer deem it to be in its best interest to be able to
enter into this Agreement and acknowledges that this Agreement was entered
into voluntarily and at its urging and request; and
1.10 WHEREAS, The subject property shall no longer be subject to the terms of
the existing Development Agreements(H-2015-0019:Brighton Investments,
LLC — Inst. #2016-007072; SCS Brighton, LLC — Inst. #2016-007073;
Murgoitio Limited Partnership — Inst. #2016-007074) upon the property
owner(s) entering into this new agreement.
l.l 1 WHEREAS,City requires the Owner/Developer to enter into a development
agreement for the purpose of ensuring that the Property is developed and the
subsequent use of the Property is in accordance with the terms and conditions
of this Agreement,herein being established as a result of evidence received by
the City in the proceedings for zoning designation from government
subdivisions providing services within the planning jurisdiction and from
affected property owners and to ensure zoning designation are in accordance
with the amended Comprehensive Plan of the City of Meridian on December
19, 2019, Resolution No. 19-2179, and the UDC, Title 11.
NOW, THEREFORE, in consideration of the covenants and conditions set forth
herein, the parties agree as follows:
2. INCORPORATION OF RECITALS: That the above recitals are contractual and
binding and are incorporated herein as if set forth in full.
DEVELOPMENT AGREEMENT—APEX(H-2020-0066) PAGE 2 OF 8
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3. DEFINITIONS: For all purposes of this Agreement the following words,terns, 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 OWNERIDEVELOPER: means and refers to Smith Brighton Inc.,whose
address is 2929 W. Navigator, #400, Meridian, ID 83642 hereinafter called
OWNER/DEVELOPER, the party that is developing said Property and shall
include any subsequent developer(s) of the Property.
3.3 PROPERTY: means and refers to that certain parcel(s)of Property located
in the County of Ada,City of Meridian as in Exhibit"A"describing a parcel to
be rezoned and bound by this Development Agreement and attached hereto
and by this reference incorporated herein as if set forth at length.
4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right
to develop the Property in accordance with the terms and conditions of this Agreement.
4.1 The uses allowed pursuant to this Agreement are only those uses allowed
under the UDC.
4.2 No change in the uses specified in this Agreement shall be allowed without
modification of this Agreement.
5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY:
5.1. Owners/Developer shall develop the Property in accordance with the following
special conditions:
a. Future development of this site shall be generally consistent with the conceptual
master plan,conceptual building elevations,preliminary plat,phasing plan,landscape
plan, and qualified open space exhibits included in Section VIII of the Staff Report
that is attached is the Findings of Fact and Conclusions of Law attached hereto as
Exhibit B and the provisions contained therein.
b. Future preliminary plats shall include collector streets consistent with those shown on
the Master Street Map, as required by Ada County Highway District.
c. The land designated as Medium High-Density Residential (MHDR) on the Future
Land Use Map in the Comprehensive Plan zoned R-15 shall develop with a variety of
residential dwellings (i.e. single-family detached/attached, townhouses,
condominiums,and/or apartments)at a gross density ranging from eight(8)to twelve
(12)dwelling units per acre.Development shall incorporate high quality architectural
design and materials and thoughtful site design to ensure quality of place and shall
DEVELOPMENT AGREEMENT—APEX(H-2020-0066) PAGE 3 OF 8
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Item#11.
incorporate connectivity with adjacent uses and area pathways,attractive landscaping
and a project identity consistent with the Comprehensive Plan (see pg. 3-10).
d. Prior to development of the Mixed Use—Community(MU-C)designated areas shown
on the Master Plan as "future development," the Development Agreement shall be
amended to include a conceptual development plan that demonstrates consistency with
the general guidelines for Mixed Use developments and specifically the MU-C
designation (see pgs. 3-13 and 3-15 thru 3-16).
e. The rear and/or side of structures on lots that face E. Lake Hazel Rd. and S. Locust
Grove Road, arterial streets, and S. Vertex Way, E. Tower St., E. Crescendo St., S.
Apex Ave. and E. Via Roberto St., collector streets, shall incorporate articulation
through changes in two or more of the following: modulation (e.g. projections,
recesses, step-backs, pop-outs), bays, banding,porches,balconies,material types,or
other integrated architectural elements to break up monotonous wall planes and roof
lines that are visible from the subject public street.Single-story structures are exempt
from this requirement.
f. Development within the Williams Pipeline easement shall comply with the Williams
Developers'Handbook.
g. All future development, except for single-family detached dwellings, is required to
comply with the design standards listed in the Architectural Standards Manual.
h. The Murgoitio property (Parcel #S 1406110110) located southwest of the E. Lake
Hazel/S. Locust Grove Road intersection shall be included in a future subdivision of
the surrounding property (Parcel #S 1406110350 or #S 1406110015) in order to
establish a legal division of land.Or, if a parcel division was approved by Ada County
for the current configuration of the property, proof of such shall be submitted to the
Planning Division with a future subdivision application for the surrounding property.
i. Multi-use pathways shall be provided with development as required by the Park's
Department in accord with the Pathways Master Plan.
j. The commercial (C-C zoned) portions of this development are allowed to obtain
building permits prior to subdivision of the property.
6. COMPLIANCE PERIOD This Agreement must be fully executed within six (6)
months after the date of the Findings for the annexation and zoning or it is null and void.
7. DEFAULT/CONSENT TO DE-ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
7.1 Acts of Default. Either party's failure to faithfully comply with all of the
terms and conditions included in this Agreement shall constitute default under
this Agreement.
7.2 Notice and Cure Period. In the event of Owner/Developer's default of this
Agreement, Owner/Developer shall have thirty (30) days from receipt of
written notice from City to initiate commencement of action to correct the
breach and cure the default, which action must be prosecuted with diligence
DEVELOPMENT AGREEMENT—APEX(H-2020-0066) PAGE 4 OF 8
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and completed within one hundred eighty(180)days;provided,however,that
in the case of any such default that cannot with diligence be cured within such
one hundred eighty (180) day period, then the time allowed to cure such
failure may be extended for such period as may be necessary to complete the
curing of the same with diligence and continuity.
7.3 Remedies. In the event of default by Owner/Developer that is not cured after
notice as described in Section 7.2,Owner/Developer shall be deemed to have
consented to modification of this Agreement and de-annexation and reversal
of the zoning designations described herein, solely against the offending
portion of Property and upon City's compliance with all applicable laws,
ordinances and rules, including any applicable provisions of Idaho Code §§
67-6509 and 67-6511. Owner/Developer reserve all rights to contest whether
a default has occurred. This Agreement shall be enforceable in the Fourth
Judicial District Court in Ada County by either City or Owner and/or
Developer, or by any successor or successors in title or by the assigns of the
parties hereto. Enforcement may be sought by an appropriate action at law or
in equity to secure the specific performance of the covenants, agreements,
conditions, and obligations contained herein.
7.4 Delay. In the event the performance of any covenant to be performed
hereunder by either Owner/Developer or City is delayed for causes that are
beyond the reasonable control of the party responsible for such performance,
which shall include, without limitation, acts of civil disobedience, strikes or
similar causes,the time for such performance shall be extended by the amount
of time of such delay.
7.5 Waiver. A waiver by City of any default by Owner/Developer of any one or
more of the covenants or conditions hereof shall apply solely to the default and
defaults waived and shall neither bar any other rights or remedies of City nor
apply to any subsequent default of any such or other covenants and conditions.
8. INSPECTION: Owners/Developer shall, immediately upon completion of any
portion or the entirety of said development of the Property as required by this Agreement or by City
ordinance or policy,notify the City Engineer and request the City Engineer's inspections and written
approval of such completed improvements or portion thereof in accordance with the terms and
conditions of this Agreement and all other ordinances of the City that apply to said Property.
9. REQUIREMENT FOR RECORDATION: City shall record this Agreement,
including all of the Exhibits, and submit proof of such recording to Owner/Developer, prior to the
third reading of the Meridian Zoning Ordinance in connection with the re-zoning of the Property by
the City Council. If for any reason after such recordation, the City Council fails to adopt the
ordinance in connection with the annexation and zoning of the Property contemplated hereby,the City
shall execute and record an appropriate instrument of release of this Agreement.
10. ZONING: City shall,following recordation of the duly approved Agreement,enact a
valid and binding ordinance zoning the Property as specified herein.
DEVELOPMENT AGREEMENT—APEX(H-2020-0066) PAGE 5 OF 8
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Item#11.
I1. SURETY OF PERFORMANCE: The City may also require surety bonds,
irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under the
UDC, to insure the installation of required improvements, which the Owner/Developer agree to
provide, if required by the City.
12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued
in any phase in which the improvements have not been installed,completed,and accepted by the City,
or sufficient surety of performance is provided by Owner/Developer to the City in accordance with
Paragraph 1 I above.
13. ABIDE BY ALL CITY ORDINANCES: That Owners 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:
Smith Brighton Inc.
2929 Navigator, #400
Meridian, ID 83642
14.1 A party shall have the right to change its address by delivering to the other
party a written notification thereof in accordance with the requirements of this section.
15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto
concerning this Agreement,the prevailing party shall be entitled,in addition to any other relief as may
be granted, to court costs and reasonable attorney's fees as determined by a Court of competent
jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall
survive any default, termination or forfeiture of this Agreement.
16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time
is strictly of the essence with respect to each and every term,condition and provision hereof,and that
the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default
under this Agreement by the other party so failing to perform.
17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure
to the benefit of the parties' respective heirs, successors, assigns and personal representatives,
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
DEVELOPMENT AGREEMENT—APEX(H-2020-0066) PAGE 6 OF 8
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Item#11.
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/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/Developer and City relative to the subject
matter hereof, and there are no promises, agreements, conditions or understanding, either oral or
written, express or implied, between Owner/Developer and City, other than as are stated herein.
Except as herein otherwise provided,no subsequent alteration,amendment,change or addition to this
Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or
their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted
ordinance or resolution of City.
21.1 No condition governing the uses and/or conditions governing re-zoning ofthe subject
Property herein provided for can be modified or amended without the approval of the
City Council after the City has conducted public hearing(s) in accordance with the
notice provisions provided for a zoning designation and/or amendment in force at the
time of the proposed amendment.
22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the
date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in
connection with the re-zoning of the Property and execution of the Mayor and City Clerk.
[end of text; signatures, acknowledgements, and Exhibits A and B follow]
DEVELOPMENT AGREEMENT—APEX(H-2020-0066) PAGE 7 OF 8
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ACKNOWLEDGMENTS
IN WITNESS WHEREOF,the parties have herein executed this agreement and made
it effective as hereinabove provided.
OWNER/DEVELOPER:
Smith Brighton Inc.
By:
Its:
CITY OF MERIDIAN ATTEST:
By:
Mayor Robert E. Simison Chris Johnson, City Clerk
AMANDA MCCURRY
COMMISSION#2952$
NOTARY PUBLIC;
STATE OF IDAHO ) STATE OF IDAHO
: ss: CRY COWMISSION EXPIRES 04/95J202.S
County of Ada )
On this V d y of L W2020, before me, the undersigned, a Notary Public in and for said State,
personally appeared �0 V known or identified to me to be the G 170
of Smith Brighton Inc.and the person who signed above and acknowledged to me that he executed the same.
IN WITNESS WHEREOF, I have hereunto set m�garyzPubfiicfor
offi 1 sat e a and year in this
certificate first above written.
Residing at:
My Commission Expires:
STATE OF IDAHO )
ss
County of Ada )
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,ofthe City of Meridian,
who executed the instrument or the person that executed the instrument of behalf of said City,and acknowledged to me
that such City executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this
certificate first above written.
Notary Public for Idaho
Residing at: Meridian,Idaho
Commission expires: 3_28_2022
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CM
9233 WEST STATE STREET I BOISE,ID 83714 1 208.639.6939 1 FAX 208.639.6930
August 18,2020
Apex Subdivision
Project No.20-017
Legal Description
Exhibit A
Legal Description for
Apex Subdivision
A parcel of land situated in a portion of the East 1/2 of the Northwest 1/4, all of the Southeast 1/4 of
Section 31 and a portion of the West 1/2 of the Southwest 1/4 of Section 32,Township 3 North, Range 1
East, B.M., all of West 1/2 of the Northwest 1/4 Section 5 and a portion of the East 1/2 of the Northeast
1/4 of Section 6,Township 2 North, Range 1 East B.M., all situated in the City of Meridian,Ada County,
Idaho and being more particularly described as follows:
BEGINNING at a 5/8-inch rebar marking the Center 1/4 Section 31,Township 3 North, Range 1 East,
B.M., thence following the southerly line of the East 1/2 of the Northwest 1/4 of said Section 31,
S89°57'15"W a distance of 1,318.94 feet to a 5/8-inch rebar marking the Center-West 1/16 corner of
said Section 31;
Thence leaving said southerly line and following the westerly line of the East 1/2 of the Northwest 1/4,
N00°25'36"E a distance of 1,558.66 feet to a point;
Thence leaving said westerly line, N81°55'55"E a distance of 518.76 feet to a point;
Thence 56.28 feet along the arc of a circular curve to the left, said curve having a radius of 58.00 feet, a
delta angle of 55°35'50", a chord bearing of S20'49'52"E and a chord distance of 54.10 feet to a point;
Thence S46°52'43"E a distance of 45.40 feet to a point;
Thence S54'18'10"E a distance of 180.18 feet to a point;
Thence 161.54 feet along the arc of a circular curve to the left, said curve having a radius of 588.00 feet,
a delta angle of 15*44'26", a chord bearing of S62°10'23"E and a chord distance of 161.03 feet to a
point;
Thence S70°02'36"E a distance of 107.80 feet to a point;
Thence S19°57'24"W a distance of 12.00 feet to a point;
Thence S70°02'36"E a distance of 14.45 feet to a point;
Thence S61°58'05"E a distance of 207.13 feet to a point;
Thence S65°32'50"E a distance of 188.57 feet to a point on the easterly line of the Southeast 1/4 of the
Northwest 1/4 said Section 31;
Thence following said easterly line,S00°38'17"W a distance of 1,140.13 feet to the POINT OF
BEGINNING.
Said parcel contains a total of 43.744 acres, more or less.
TOGETHER WITH:
BEGINNING at a 5/8-inch rebar marking the Center 1/4 Section 31,Township 3 North, Range 1 East, B.M.,
thence following the northerly line of the Southeast 1/4 of said Section 31, N89°57'56"E a distance of
2,601.37 feet to a brass cap marking the East 1/4 corner of said Section 31;
Thence leaving said northerly line and following easterly line of the Southeast 1/4 of said Section 31,
S00°32'22"E a distance of 226.26 feet to a 5/8-inch rebar on the centerline of Farr Lateral;
ENGINEERS I SURVEYORS I PLANNERS
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Thence leaving said easterly line and following the centerline of said Farr Lateral the following seven (7)
courses:
1. S38043'32"E a distance of 61.71 feet to a point;
2. S51'12'32"E a distance of 444.04 feet to a point;
3. S60°36'10"E a distance of 272.66 feet to a point;
4. S86°04'31"E a distance of 206.22 feet to a point;
5. S73'45'13"E a distance of 301.51 feet to a point;
6. S43'15'53"E a distance of 313.74 feet to a point;
7. S29'01'13"E a distance of 37.13 feet to a point on the easterly line of the West 1/2 of the
Southwest 1/4 said Section 32;
Thence leaving said centerline and following the easterly line of the West 1/2 of the Southwest 1/4 of said
Section 32,S00008'25"E a distance of 206.12 feet to a 1/2-inch rebar on the easterly boundary of said Farr
Lateral;
Thence leaving said easterly line and following the easterly boundary of said Farr Lateral the following
twelve(12)courses:
1. 22.57 feet along the arc of a circular curve to the right,said curve having a radius of 144.67 feet,a
delta angle of 08'5624", a chord bearing of S56'50'40"W and a chord distance of 22.55 feet to a
1/2-inch rebar;
2. S61`18'54"W a distance of 91.61 feet to a 1/2-inch rebar;
3. 122.47 feet along the arc of a circular curve to the right,said curve having a radius of 220.00 feet,
a delta angle of 31`53'39",a chord bearing of S77015'42"W and a chord distance of 120.89 feet to
a 1/2-inch rebar;
4. N86047'31"W a distance of 362.95 feet to a 1/2-inch rebar;
5. S83'47'06"W a distance of 26.72 feet to a 1/2-inch rebar;
6. S69'5744"W a distance of 128.97 feet to a 1/2-inch rebar;
7. 90.89 feet along the arc of a circular curve to the left, said curve having a radius of 110.00 feet,a
delta angle of 47'20'30", a chord bearing of S46°18'02"W and a chord distance of 88.33 feet to a
point;
8. 64.48 feet along the arc of a circular curve to the left, said curve having a radius of 110.00 feet,a
delta angle of 33035'03", a chord bearing of S05'50'15"W and chord distance of 63.56 feet to a
1/2-inch rebar;
9. S10°57'45"E a distance of 410.17 feet to a 1/2-inch rebar;
10. 114.95 feet along the arc of a circular curve to the left,said curve having a radius of 140.00 feet,a
delta angle of 47002'41", a chord bearing of S34'29'08"E and a chord distance of 111.75 feet to a
1/2-inch rebar;
11. S58°00'31"E a distance of 219.85 feet to a 1/2-inch rebar;
12. S69°55'45"E a distance of 503.32 feet to a 1/2-inch rebar on the easterly line of the West 1/2 of
the southwest 1/4 of said Section 32;
Thence leaving said easterly boundary and following easterly line of the West 1/2 of the Southwest 1/4 of
said Section 32,S00°10'02"E a distance of 431.17 feet to a 5/8-inch rebar common to Section 5,Township
2 North Range 1 East, B.M.,and Section 32,Township 3 North Range 1 East, B.M.;
Thence leaving said easterly line and following the easterly line of the West 1/2 of the Northwest 1/4 of
said Section 5,S00°01'43"E a distance of 2,672.88 feet to the Center-West 1/16 corner of said Section 5;
PAGE
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Item#11.
Thence leaving said easterly line and following the southerly line of the West 1/2 of the Northwest 1/4 of
said Section 5, N89°5238"W a distance of 1,329.65 feet to a brass cap common to Sections 5 and 6;
Thence leaving said southerly line and following the southerly line of the East 1/2 of the Northeast 1/4 of
said Section 6, N89°22'50"W a distance of 1,304.25 feet to a point;
Thence leaving said southerly line, N00°43'55"W a distance of 111.26 feet to a point;
Thence N00°20'23"W a distance of 549.25 feet to a point;
Thence N87°34'26"W a distance of 13.49 feet to the westerly line of the East 1/2 of the Northeast 1/4 of
said Section 6;
Thence following the westerly line of the East 1/2 of the Northeast 1/4 of said Section 6, N00°02'06"W a
distance of 66.73 feet to a point on the westerly right-of-way line of the Rawson Canal;
Thence leaving said westerly line and following the westerly right-of-way line of said Rawson Canal the
following nine (9)courses:
1. N78°25'55"E a distance of 161.21 feet to a point;
2. N54°55'20"E a distance of 74.17 feet to a point;
3. N31°51'12"E a distance of 92.01 feet to a point;
4. N10025'10"E a distance of 381.33 feet to a point;
5. N05°26'52"W a distance of 106.26 feet to a point;
6. N18°56'20"W a distance of 287.65 feet to a point;
7. N32°08'38"W a distance of 91.83 feet to a point;
8. N61°32'57"W a distance of 104.61 feet to a point;
9. N74059'05"W a distance of 44.02 feet to a point;
Thence leaving said westerly right-of-way line, N00°02'06"W a distance of 890.79 feet to a point on the
northerly line of the Northeast 1/4 of said Section 6;
Thence following said northerly line, N89°42'21"W a distance of 1,370.00 feet to a 5/8-inch rebar common
to Section 6,Township 2 North Range 1 East, B.M.,and Section 31,Township 3 North Range 1 East,B.M.;
Thence leaving said northerly line and following the westerly line of the Southeast 1/4 of said Section 31,
N00°16'52"E a distance of 1,342.44 feet to a 5/8-inch rebar marking the Center-South 1/16 corner of said
Section 31;
Thence N00°16'52"E a distance of 1,342.44 feet to the POINT OF BEGINNING.
Said parcel contains a total of 366.194 acres, more or less.
Said description contains a total of 409.938 acres, more or less.
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Item#11.
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1318.94
Title: Apex Subdivision Date: 08-17-2020
Scale: 1 inch=300 feet File: 200817 Apex Subdivision Legal 20-017
Tract 1: 43.744 Acres: 1905504 Sq Feet:Closure=s57.2522w 0.01 Feet: Precision=1/627918: Perimeter=5510 Feet
001=s89.5715w 1318.94 006=s54.1810e 180.18 011=s61.5805e 207.13
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005=s46.5243e 45.40 010=s70.O236e 14.45
Page 271
Item#11.
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Title: Apex Subdivision Date: 08-18-2020
Scale: 1 inch= 1000 feet File:200817 Apex Subdivision Legal 20-017
Tract 1: 366.194 Acres: 15951396 Sq Feet:Closure=s50.3758e 0.02 Feet: Precision>1/999999: Perimeter=19597 Feet
001=n89.5756e 2601.37 016=s69.5744w 128.97 031=n78.2555e 161.21
017:Lt,R=110.00 Delta�7.2030 032=n54.5520e 74.17
002=s00.3222e 226.26 Bn -s46.1802w,Nd=88.33
003=s38.4332e 61.71 B��-so 5015�Nd�3563503 033=n31.5112e 92.01
004=s51.1232e 444.04 0 1 9=s 1 0.5745e 410.17 034=n10.2510e 381.33
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006=s86.0431e 206.22 021=s58.003le 219.85 036=n18.5620w 287.65
007=s73.4513e 301.51 022=s69.5545e 503.32 037=n32.0838w 91.83
008=s43.1553e 313.74 023=s00.1002e 431.17 038=n61.3257w 104.61
009=s29.0113e 37.13 024=s00.0143e 2672.88 039=n74.5905w 44.02
010=s00.0825e 206.12 025=n89.5238w 1329.65 040=n00.0206w 890.79
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012=s61.1854w 91.61 027=n00.4355w 111.26 042=n00.1652e 1342.44
013:Rtt,R�20.00 Delta 31.5339 028=n00.2023w 549.25 043=n00.1652e 1342.44
Bng=s777.1542w,C�hd=120.89
0 14=n86.473 1 w 362.95 029=n87.3426w 13.49
0 1 5=s83.4706w 26.72 030=n00.0206w 66.73
Page 272
EXHIBIT B
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW �: E IDIAN
AND DECISION & ORDER
In the Matter of the Request for a Modification to the Existing Development Agreements(H-2015-
0019: Brighton Investments, LLC—Inst.#2016-007072; SCS Brighton, LLC—Inst.#2016-007073;
Murgoitio Limited Partnership—Inst.#2016-007074)to Replace the Agreements with One New
Agreement Based on the Proposed Development Plan; Rezone of 384.97 acres of Land from the R-4
to the R-8(144.78+ 119.28=264.06 acres), R-15(76.93 acres)and C-C (43.28 acres) Zoning
Districts; Preliminary Plat Consisting of 120 Residential Buildable Lots, 1 I Commercial Buildable
Lots and 14 Common Lots on 41.75 Acres of Land in the C-C and R-15 Zoning Districts; and
Preliminary Plat Consisting of 237 Residential Buildable Lots,2 Commercial Buildable Lots,30
Common Lots and 10 Other(Shared Driveway)Lots on 81.63 Acres of Land in the C-C and R-8
Zoning Districts, by Brighton, Murgoitio,et al.
Case Nosy. H-2020-0056; H-2020-0056; H-2020-0057
For the City Council Hearing Date of: August 11,2020(Findings on August 25,2 02 0)
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 11,2020, 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 11.2020,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 comments)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.
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION R.ORDER
FOR APEX-MDA, RZ H-2020-0066,NORTHWEST-PP 11-2020-0056:SOUTHEAST-PP H-2020-0057
- I Page 273
Item#11.
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
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 a modification to the existing Development Agreements, Rezone
and Preliminary Plats is hereby approved per the provisions 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 11-6B-7A).
In the event that the development of the preliminary plat is made in successive phases in an
orderly and reasonable manner, and conforms substantially to the approved preliminary plat,
such segments, if submitted within successive intervals of two(2)years,may be considered for
final approval without resubmission for preliminary plat approval(UDC 11-6B-7B).
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11-6B-7.A,the Director may authorize a single extension of time to obtain the City
Engineer's signature on the final plat not to exceed two(2)years. Additional time extensions up
to two(2)years as determined and approved by the City Council may be granted. With all
extensions,the Director or City Council may require the preliminary plat,combined
preliminary and final plat or short plat to comply with the current provisions of Meridian City
Code Title 11. If the above timetable is not met and the applicant does not receive a time
extension,the property shall be required to go through the platting procedure again(UDC 11-
6E-7C).
Notice of Development Agreement Duration
The city and/or an applicant may request a development agreement or a modification to a
development agreement consistent with Idaho Code section 67-651IA. The development
agreement may be initiated by the city or applicant as part of a request for annexation and/or
rezone at any time prior to the adoption of findings for such request.
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR APEX—MDA,RZ H-2020-0066;NORTHWEST—PP H-2020-0056;SOUTHEAST—PP H-2020-0057
-2-
Page 274
Item#11.
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 fled 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 APEX—MDA,RZ H-2020-0066;NORTHWEST—PP H-2020-0056;SOUTHEAST—PP H-2020-0057
-3- Page 275
Item#4.
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 APEX—MDA,RZ H-2020-0066;NORTHWEST—PP H-2020-0056;SOUTHEAST—PP H-2020-0057
-4 Page 103
Item#11.
EXHIBIT A
STAFF REPORT E IDIAIT ---
COMMUNITY DEVELOPMENT DEPARTMENT
HEARING 8/11/2020 Legend
`jam
DATE: s
P,�eca LccaSon F
TO: Mayor&City Council _ — A
FROM: Sonya Allen, Associate Planner
7-
SUBJECT: H-2020-0066 Apex-MDA,A-Z-, RZ _
H-2020-0056 Apex Northwest-PP -
H-2020-0057 Apex Southeast-PP - _
I�
(to be marketed as "Pinnacle's
LOCATION: MDA,AZ-,RZ: generally located east of
S. Meridian Rd, and north of E, ' ---
Columbia Rd., in Sections 31 (S. '/z and --- ,
NW '/a)and 32(SW ''/4),Township 3N., r
Range I.E. and Sections 5 (NW `1/4)and 6
(NE '/4),T.2N.,R.IE.
PP(NW): NWC of S. Locust Grove Rd.
&E. Lake Hazel Rd.,in the SE '/4 of
Section 31,T.3N., R.1 E
PP(SE): SEC of S. Locust Grove Rd. &
E. Lake Hazel Rd.,in the NW '/4 of
Section 5,T.2N.,R.1 E.
I. PROJECT DESCRIPTION
Modification to existing Development Agreements (H-2015-0019: Brighton Investments, LLC-Inst. #2016-
007072; SCS Brighton, LLC-Inst. #2016-007073; Murgoitio Limited Partnership-Inst. #201 d-007074)to
replace the agreements with one new agreement based on the proposed development plan; AfineiEatiefi of n 0.09
acres of land with an R 2 zoning distriet;and, Rezone of 384,97 acres of land from the R-4 to the D 2
"+e-}R-8 (144.78} 119.28=264-06 acres), R-15 (76.93 acres) and C-C(43.28 acres)zoning districts.
Apex Northwest(NW): Preliminary Plat consisting of 120 residential buildable lots, 11 commercial buildable
lots and 14 common lots on 41.75 acres of land in the C-C and R-15 zoning districts.
Apex Southeast(SE): Preliminary Plat consisting of 237 residential buildable lots, 2 commercial buildable lots,
30 common lots and 10 other(shared driveway) lots on 81.63 acres of land in the C-C and R-8 zoning districts.
Because right-af way for E. Lake Hazel Rd. and S. Locust Grove Rd, separates the land proposed to be platted,
two separate pre hminary plat applications are required to subdivide the property.
- Pagel -
Page 277
Item#11.
II. 5 UM MARY OF REPORT
A. Project Summary
Description Details Page
Acreage """�Q9-(AZ) 384.97(RZ);41.75 (PP-Northwest);81.63(PP-Southeast)
Existing/Proposed Zoning RUT in Ada Countv(existing). R-4[Medium Low-Density Residential)
Future Land Use Designation ,
Medium Density Residential(MDR—3 to 8 units/acre)(206l-acres);
Medium High-Density Residential(21+/-acres); &Mixed Use —
Community(MU-C)(120+1-acres)
Existing Land Usc(s) Agricultural
Proposed Land Use(s) Single-family residential(SFR)attached/detached,commercial,office,2
schools(elementary&charter)
Lots(#and type:bldg./common) NW: 120 residential buildablell l corrunercial buildablell4 common
SE:237 residential buildable/2 commercial buildable130 common/10 other
NW& SE Combined:357 SFR residential buildable: 13 commercial
buildable:44 common lots;and 10 other lots for shared driveways
Phasing Plan(#of phases) 3(NW); 5('SE)
Number of Residential Unils(type NW: 120 units(88 detachedl32 attached)
of units) SE:237 units(detached)
NW& SE Combined:325 detached&88 attached
Density(gross& net) NW: 5.62 units/acre(gross), 11.21 unitslacre(net)
SE: 3.75 units/acre(gross); 6.17 units/acre(net)
NW&SE(overall):4.22 units/acre(gross); 7.27 units/acre(net)
Open Space(acres,total NW: 6.33 acres(15.179fo)
[%]IbufferlqualiFed) SE: 10.79 acres(13.220")
NW& SF Combined: 17.12 acres(or 13.88%)
Amenities NW: Community center with a clubhouse,community post office,cafe,
library/business,center;community amphitheater:additional common open
space above the minimum required.
SE: Community swimming pool.tot lot with play equipment,pathway
access to the City's Discovery Park.additional common open space above
the minimum required.
Physical Features(waterways, Tic Farr Lateral runs along the north and east boundaries of this site;the
hazards, flood plain,hillside) McBirney Lateral crosses the site cast/west; and another waterway runs
north/south through the site.
Neighborhood meeting date;#of 215120;29 attendees
attendees:
History(previous approvals) ROS#7394;ROS#7783;H-2015-0019—South Meridian AZ(DA's:
Brighton investments,LLC—Inst. #2016-007072;SCS Brighton,LLC—
Inst.#2016-007073;and Murgoitio Limited Partnership—Inst. #2016-
007074)
B. Community Metrics
Deseri tion Details Page
Ada County Highway
District
• Staff report(yes/no) Yes(PP,draft),Yes(AZ. RZ)
e Requires ACH❑ Yes(TBD)
Commission.Action
( eslno)
Traffic Impact Study(yes/no) Yes
Page 2
Page 278
Item#11.
Descri tion Details I Page
Access NW: 2 accesses via S. Locust Grove Rd- &2 accesses via E. Lake Hazel Rd...moth
(Arterial/Collectors/State existing arterial streets;and 2 collector streets are proposed
Hwy/Local)(Existing and SE.2 accesses via E. Lake Hazel Rd.&3 accesses via S. Locust Grove Rd., both
Proposed) existing arterial streets;and 3 collector streets are proposed
Traffic Level of Service Better than"D"(Acceptable level of service is"E")—Lake Hazel, Locust Grove
& Amity Roads
Stub Two stub streets are proposed to this site from Prevail Subdivision near the
StreetlintereonnectivirylCross northwest corner of the rezone area;no other stub streets exist to this site.
Access Stub streets are proposed to adjacent properties for interconnectivity as shown on
the preliminary plats.
Existing Road Network There are no existing streets within the site,only S.Meridian Rd.ISH-69,E. Lake
Hazel Rd.and S. Locust Grave Rd.adjacent to the site
Existing Arterial Sidewalks 1 There are no existing sidewalks or buffers along Meridian Rd.ISIi-fig,Lake Hazel,
Buffers or Locust Grove Roads.
Proposed Road Capital Improvements Plan(CIPk Integrated Flue Year work Plan(IFYWPI:
Improvements . Ea!$i Ruai IS sdif-duffed ir+th,=II-YWP Iu Lke x t?,o4d to`_••1su135 horn Ltm- Hoi:tl ReJJ Irl
Amery Road in 2023
• EaO&Road IS s[isDaolod uh Irwe IIFYWP In W wli%ned to 5-k1naS from AnW-v ROaa]a vxllwy
Road in 2021
• Laks hazel Road is schudU ed in Ire IFY44P to tie wrir_med to 54wnus from Eagle Road tv
Claverctale RDM In 2024
• Lake Hares Road IS schodt god in tha IFYWP to be mdoiled to 54antn tram Clovef"a nova
tr,Five%W Roan
• TN- irltelsection of Lake I4azet Rood acid Eat* 04itid Is scheduled as Hui IFYVeP to Ixa
wlderrerl to 54anes on the north tog,a-lanes on use.,"Ah leg,1lanes on tha west leg and 4-
rane5 on the east leg and signalized In 2023
• The inlefTertlnn of Locust Grovr?Road and VKtory Ronrl n scheduled in the WyWP to be
COnstructod aS a moth-land rowdabour with 4-larles on Ou norm and Soum 190s rind 24anas
on tfle east aid west legs in 2 021
• Lake,rla=el Road Is bsted in the CIP to be wKWned to 3-lanes from Locusl Groo Road 10
Eagle Road between 7t3:6 and 2C1313
• 114aka Hazel Road Is Woo to Ilia CIP to be widened to 34anes tram fouWian Roof iSH-59)to
LvrUtJ Gtuve Road Oatwevan 2026 and 2030
• ,sanity Road Is Wed to the CUP to be widened to 54enes ham Locust Grove flood to Eaaglo
Rr ad Netween 202:r arty!203R
• The int9rsectim of Lake Hazel Road and Llxkm Grave Row cs listed in the CIP to m
recunsttucted as a singlo lone ruundabout mclaned to 3aorlesoil the norus fey 2•lanes on file
south 24ams.east,aN 34atws rnt the west lew7 with a wnlbouM thypass right Wra bypass
lane between 202f;and"V
• The lFilers action of Lake Hazel Rood end S"Is listed m the CIP to be wldenad to 7sanes
on the north.stwth west and east lags and signalilad between 20.243 anel 20110
• The intan tion qt 1-miist Grove Road and Amway Rood rs hied in the CIP to wiaenea to-!-
lakes an Me mitts leg, I-lan[5 on the south leg,7-lanes an mo west frog and 64a►ms on thM
east+eg ana 8wgnahmd between 202ft and 203u
Additional right-of-way is required to be dedicated for the future expansion of
Lake Hazel& Locust Grove Roads with pavement widened to 17'from centerline
Fire Service
Distance to Fire Station NW-3.3 miles to Fire Station 44
SE-11 miles to Fire Station#4
e Fire Response Time NW&SE-only a small portion falls within 5 minute response time goal
• Resource Reliability NW& SE-78%-does not meet target goal of 80%or greater
■ Risk Identification NW&SE-1 and 4,current resources would not be adequate to supply service to
this project
■ Accessibility NW&SE-Project meets all required access,road widths and turnarounds iJ
phasing plan is followed
Page 3
Page 279
Item#11.
Description Details Page
o Special/resource needs NW& SE-Project will require an aerial device:response time is 9 minutes travel
time(under ideal conditions) can meet this need in the required timefiame if
needed
• Water Supply NW& SE-Requires 1.500 gallons per minute for 2 hours,may be less if
buildings are fully sprinklered
• Other Resources
Police Service
• .Distance to Police 4.5 miles
Station
• Police Response Time Average response time in the City is just under 4 minutes—there isn't enough
public initiated call data to determine an average response time for this area(goal
is 3-5 ininutes)
• Calls for Service 71 (within a mile of site between 3/15/2019-3114I2020)
• Accessibility No concerns
• Specialty/resource needs No additional resources are required at this time.
• Crimes 10(within a mile of site between 3/15/2019-3/14/2020)
• Crashes 39(within a mile of site between 3/15/2019-3/14/2020)
• Other The M P D can provide service if this development is approved as they already
serve this area.
West Ada School District
• Distance(elcm,ins,hs)
■ Capacity of Schools ant raPEJr Mil
. #of Students Enrolled Mary MrAerson 13Em•ntary— 555 550 2.0
Siena Elementwv— 677 iov U
Victory Middle Schaal so 100D 4.2
Mounuln WawH44h school U10 21.4 1.3
N,rww 0tv JWJI whnnl yrar Mrry Mc 111--twit Hudrnt vpuc ltV 0411 nr raafr to Ws.dor 10 Uir ownenr rl mfaroom
iapaRslc�ri uR�PnYay "
••`Ci�ruiln�nt�1 FlNydalr[srn•ant�ry•i cu•tr:tltrr CYyled 3tuJentS Kt tilt¢dauelap�riSn[tint Artl In 1►1r Hlhyda�e Goundary
w.11 tot AtIrnding Sirnc iiernonoAry umul Al nrw&Cl4rn1!k R4+AR ld e4Minatl'&WetrItAW10t/At 1114WA.W
• #of Studcnts Anticipated F��—
from this Development
Wastewater
■ Distance to Sewer Directly adjacent
Services
• Sewer Stied South Black Cat Trunk-Stied
• Estimated Project.Sewer See application
ERLI's
. WRRF Declining 13,95
Balance
• Project Consistent with Yes
WW Master
Plan/Facility Plan
■ Impacts/Concerns Flow has been committed
Water
• Distance to Water Directly adjacent
Services
• Pressure Zone
• Estimated Project Water See application
ERU's
Page 4
Page 280
Item#11.
■ Water Quality None
• Project Consistent with Yes
Water Master Plan
• Impacts/Concerns Public Work's preference is to see all water utilities in the public right-of-way
(ROW),where they can easily be operated and maintained. If the utilities truly
cannot be installed in the public right-of-way,then our preference would be for
utilities to be located in a dedicated and improved alley. If that cannot be
accomplished,the applicant should work with Public Works for further solutions
C. Project Area Maps
Future Land Use Map Aerial Map
Legend iu 0 legend 0
10
n'�ily E
MU R
De s _ IV
Residential
Zoning Map Planned Development Map
RV1 �
Legend R-8 RUT Legend
-
II nu I- r^R. C--y L'.rn-
I-L R� R ` RJi +—P�nr+ed Forces
f '
T - --
R
Y R;2 '--- �- -
RU 1.
-g
�R•$; ,RUT
RUT,
RUT SIR-8 -
R_4 IR-2
{ ;5
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�--� RUT Lid.
RU, RUT , --- -
Page 5
Page 281
Item#11.
Ill. APPLICANT INFORMATION
A. Applicant:
Brighton,Murgoitio,et al —2929 W. Navigator#400, Meridian, ID 83642
B. Owner:
Same as Applicant
C. Representative:
Michael D. Wardle, Brighton Corporation—2929 W.Navigator 9400,Meridian, ID 93642
IV. NOTICING
Planning R Zoning City Council
Posting Date Posting Date
Notification published in
611 912020 7/24/2020
newspaper
Notification mailed to property
owners within 300 feet b1I b12U20 7/21/2020
Applicant posted public liearing
6/26/2020 7/29/2020
notice on site
Nextdoor posting 6/16/2020 7/21/2020
V. COMPREHENSIVE PLAN ANALYSIS (Comprehensive Plan)
Land Use: The Future Land Use Map (FLUM)contained in the Comprehensive Plan designates
approximately ,206+1-acres as Medium Density
Residential (MDR); 21+1-acres as Medium High-Density Residential(MHDR),and 120+1-acres as Mixed
Use—Community(MU-C). A future school site and City Park is designated in the general area northwest of
the Locust Grove/Lake Hazel intersection,north of the MU-C designated area. Another school site is
designated on the east side of N. Locust Grove Rd.,not of Lake Hazel Rd.,just north of the subject rezone
area.
urban pr-opefties. Developments need to Pespeet agFieUltUFal her4age and resommes,rteeegnize view sheds and
Open dengities ef 4 dwelling units or-less per aer-e. These areas aAeR tFansitieft be�ween existing iz-aFal fesidewial and
and other appropriate niefflvis sh,_Uld enhance the character of the area.
The MDR designation allows for dwelling units at gross densities of 3 to 8 dwelling units per acre.
The MHDR designation allows for a mix of dwelling types including townhouses,condominiu ns, and
apartments. Residential gross densities should range from 8 to 12 dwelling units per acre.These areas are
relatively compact within the context of larger neighborhoods and are typically located around or near mixed
use conunercial 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 adiacent uses and area pathways,
attractive landscaping and a project identity,
The purpose of the MU-C designation is to allocate areas where community-serving uses and dwellings are
searnlessly integrated into the urban fabric. The intent is to integrate a variety of uses,including residential,
and to avoid mainly single-use and strip commercial type buildings. Non-residential buildings in these areas
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have a tendency to be larger than in Mixed Use—Neighborhood(MU-N)areas,but not as large as in Mixed
Use—Regional(MU-R)areas. Goods and services in these areas tend to be of the variety that people will
mainly travel by car to,but also walk or bike to(up to 3 or 4 miles). Employment opportunities for those living
in and around the neighborhood are encouraged. Developments are encouraged to be designed according to the
conceptual MU-C plan depicted in Figure 3C in the Comprehensive Plan(see pg.3-16). In reviewing
development applications, the items noted an Pgs. 3-13, 3-15 and 3-16 will be considered(see analysis below).
Transportation: ACHD's Master Street Map(MSM)depicts an east/west residential collector street at the
half mile between Amity and Lake Hazel Roads; a north/south industrial collector at the half mile between
Meridian and Locust Grove Roads north of the half mile between Amity and Lake Hazel Roads, which
transitions to a residential collector to the south to Lake Hazel Rd.; a commercial collector around the MU-C
designated area at the Locust Grove/Lake Hazel intersection (see dashed lines on map below), and a residential
collector along the southern boundary of Apex Southeast.A dual lane roundabout is planned at the Locust
Grove/Lake Hazel Rd. intersection.Note: Because a residential collector seems to be more appropriate than
an industrial collector street designation in this area,ACHD has included a change to the,street classification
in the MSM update currently in process.
The proposed preliminary plats depict collector streets consistent with the MSM(i.e. E. Crescendo St. & S.
Apex Ave. in Apex Northwest; and E. Tower St., S.Vertex Way and E.Via Roberto St. in Apex Southeast).
The proposed Master Plan included in Section VIR.A,depicts conceptual street locations in the
annexation/rezone area;future preliminary plats should provide collector streets in accord with the MSM
as required by ACHD.
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Proposed Development: The Applicant proposes to develop the 41.75 acre property at the northwest corner of
Locust Grove and Lake Hazel Roads in the MDR& MU-C designated areas with 120 single-family residential
units consisting of 32 attached units and 88 detached units,a future public elementary school,and
neighborhood-scale commercial uses as allowed in the C-C zoning district.The 81.63 acre property located at
the southeast corner of Locust Grove and Lake Hazel Roads in the MDR and MU-C designated areas is
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proposed to develop with 237 single-family residential detached units,a charter school, and commercial uses
as allowed in the C-C zoning district.
A City Park is not required to be provided with this development due to the proximity of Discovery Park at the
project's southeast boundary; however,the Park's Dept. would be willing to discuss the potential for a
partnership if desired by the Applicant.
The following Comprehensive Plan Policies are applicable to this development:
• "Encourage a variety of housing types that meet the needs, preferences, and financial capabilities of
Meridian's present and future residents."(2.01.02D)
A mix of s2rigle_family attached and detached units(alley-loaded)are proposed in Ape-r Northwest;only
single farniN detached units (front and alley-lauded) are proposed in Apex Southeast.
+ "Permit new development only where it can be adequately served by critical public facilities and urban
services at the time of final approval, and in accord with any adopted levels of service for public
facilities and services."(3.03.03F)
Citi,water and sewer service is available and can he extended by the developer with development in
accord with UDC 11-3A-21.
+ "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)
A mix ofsingle.Ibmily attached and detached units (alley-loaded)are proposed in Apex Northwest;
only single,familtr detached units (li-unt-and allei-loaded)are proposed in Apex Southeast.
+ "Encourage compatible uses and site design to minimize conflicts and maximize use of land
(3.07.00)
The proposed residential uses should be compatible with existing rural residentiallagricultural rises in
the area. The proposed design of the commercial and residential areas with.streets separating the uses
should minimize conflicts.
■ "With new subdivision plats,require the design and construction of pathway connections,easy
pedestrian and bicycle access to parks,safe routes to schools,and the incorporation of usable open
space with quality amenities."(2.02.01A)
Internal pedestrian pathways are proposed through common areas for interconnectivity as well as to
the City Park opt the east side a/'Apex Southeast and to perimeter sidewalks. Segments of the Cite:s
multi-use perthway sistem are required in accord i vith the Pathways Master Plan (see Park's Dept.
comments in Section IX E). Detached sidewalks are proposed along the arterial and collector,streets
for sq/e pedestrian access. Usable open space and qualitl,amenities are proposed(see detailed analysis
below in Section FIB).
+ "Ensure development is connected to City of Meridian water and sanitary sewer systems and the
extension to and through said developments are constructed in conformance with the City of Meridian
Water and Sewer System Master Plans in effect at the time of development,"(3.03.03A)
The proposed development will connect to City water and server systems;services are required to be
provided to and though this development in accord with current City plans.
• "Require urban infrastructure be provided for all new developments, including curb and gutter,
sidewalks,water and sewer utilities_"(3.03.03G)
Urban sewer and water iglf astructure and curb, gutter and sidewalks is required to be provided with
development as proposed with the prelirninary plats.
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■ "Encourage the development of high duality,dense residential and mixed use areas near in and.around
Downtown, near employment, large shopping centers, public open spaces and parks,and along major
transportation corridors, as shown on the Future Land Use Map."(2.02.01 E)
Lake Hazel Rd lies between the proposed preliminary plats and is classified cis a residential mobility
arterial that is planned to be a major transportation corridor. A Cite Park(Discovery Park)abuts the
east side of'the proposed Apex Southeast.subdivision. A11 four cornets of the Lake Hazel/Locust Grove
intersection are designated fir mixed use (MU C)development. Development in this area should be
high quality and more densely populated at a minimunt of 6 unitslacre its the NMI--C designated area.
The gross density of Apex Southeast is only 3.75 units per acre while the density of Apex North vest
is 5.62 units per acre. Staff encourages a higher density due to the location of this site adjacent to a
major transportation corridor and City Park. This could be attained through the inclusion of more
dense housing types such as more singlefamily attached units, townhome units andlor multi family
apartments
• "Ensure development provides safe routes and access to schools. parks, and other community gathering-
places."(2.02.01 G)
Detached.sidewalks and pathways ate proposed throughout the proposed subdivisions fit sc fe
pedestrian access to the future school sites, the City Park and neighborhood comtnercial/ofce uses.
• "Where feasible,encourage large transmission and pipeline utility corridors to function as transitional
buffers,parkland,pathways,and gathering spaces within and adjacent to their right of way." (3.07.01 E)
A 75 foot wide easement far the Williams Northwest Gas Pipeline crosses this.site and is depicted on
the Master Plan and preliminary plats as grassy open space area containing a multi-itse pathway. No
structures are allowed within this easement.
■ "Require collectors consistent with the ACHD Master Street Map(MSM),generally at/near the mid-
mile location within the Area of City Impact."(6.01,03S)
Collector streets are proposed on the preliminary plats in accord with the MSM; collector streets will
be required to be provided with,future preliminary plats in accord with the MSM as required by ACHD.
In reviewing development applications,the following items will be considered in all Mixed Use areas,
per the Comprehensive Plan (pg.3-13): (Stcrff's anahsis in italics)
• "A mixed-use project should include at least three types of land uses. Exceptions may be granted for
smaller sites on a case-by-case basis. This land use is not intended for high density residential
development alone."
The proposed development includes four(4)different land use types-residential(single-family), civic
(i.e. amphitheater and commun it)-center), commercial and office.
■ "Where appropriate,higher density and/or multi-family residential development is encouraged for
projects with the potential to serve as employment destination centers and when the project is adjacent
to US 20126, SH-55, SH-16 or SH-69."
Although a small portion of'land proposed to he annexed with this application fronts on SH-691S.
Meridian Rd., it is not proposed to redevelop with this application and is designated,fir LDR uses.
■ "Mixed Use areas are typically developed under a master or conceptual plan; during an annexation or
rezone request,a development agreement will typically be required for developments with a Mixed Use
designation."
R Master Plan is proposed with the rezone request for the portion of the property,surrounding the Lake
ffazeAocust Grove intersection designated as MU-C(see Section VI11,A). A Development Agreement
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is required as a provision of'the rezone to ensure future development is consistent with the MU-C
FL UM designation.
• In developments where multiple commercial and/or office buildings are proposed, the buildings sliould
be arranged to create some form of common,usable area,such as a plaza or green space."
The Master Plan,for-Apex Northwest depicts a conrrnurrih,center Kith a plaza and amphitheater in the
commercial portion of the development. The Master Plan for the commercial portion of'Apex
Southeast nearest the intersection doesn't include a develcipnrent plan—the future platy should
include some fortn of common, usable area such as a plazza or green space as desired as.should other
future com►nerciallq face areas in MU-C designated areas where future development is unknown at
this time.
• "The site plan should depict a transitional use and/or landscaped buffering between commercial and
existing low-or medium-density residential development."
There are no existing residential rises adjacent to proposed commercial development; therefore,
transitional uses and lrrrffering area't applicable.
• "Community-serving facilities such as hospitals,clinics, churches,schools,parks,daycares, civic
buildings,or public safety facilities are expected in larger mixed-use developments."
4 public school is planned in Apex Northwest and a charter school is planned in Apex Southeast per the
Master Plan in accord with the FLUM which depicts trvo school sites in this general area.A community
tenter and amphitheater is proposed in the commercial portion of Apex lltorthwest. A 27-acre On,Park
(Discovery Park)abuts the east side gfApex Southeast.A linear open.space is pla►:ned where the
Williams Northwest Gas Pipeline easement is located,
• "Supportive and proportional public and/or quasi-public spaces and places including but not limited to
parks,plazas,outdoor gathering areas, open space, libraries,and schools are expected;outdoor seating
areas at restaurants do not count."
An outdoor amphitheater, community center with ca plaza and charter school is proposed in this
development in the MU--C designated area. Discovery Park, a 27-acre regional City park, exists to the
east ofAper Southeast and includes picnic shelters,pathways, open play areas,play slruchrres, a
splash pad, an r ff'leash dog park and ballfields.
• "Mixed use areas should be centered around spaces that are well-designed public and quasi-public
centers of activity. Spaces should be activated and incorporate permanent design elements and
amenities that foster a wide variety of interests ranging from leisure to play. These areas should be
thoughtfully integrated into the development acid further placemaking opportunities considered."
The public/quasi public areas (i.e. conimunity center and amphitheater)proposed in this development
are centrally located within the mixed use designated area in Apex Northwest.Discovery Park abuts
Apex Southeast and offers a wide varieot of activities-for area residents.
• "AlI mixed-use projects should be directly accessible to neighborhoods within the section by both
vehicles and pedestrians."
The proposed mixed use developments will be directly accessible to adjacent neighborhoods within the
section through extension of streets and internal pedestrian pathways.
• "Alleys and roadways should be used to transition fi-om dissimilar land uses, and between residential
densities and housing types."
Roadways are proposed as a transition between residential and commercial laird uses in both of the
proposed subdivisions; and alleys, roadiva'vs and common areas are proposed between residential
housing types and densities as desired.
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■ "Because of the parcel configuration within Old Town,development is not subject to the Mixed Use
standards listed herein."
77ie subject property is not located in Old Town, therefore, this item is not applicable.
In reviewing development applications,the following items will be considered in MU-C areas, per
the Comprehensive Plan (pgs.3-15 thru 3-16):
• "Developments should comply with the general guidelines for development in all Mixed Use areas."
See analtsis above.
• "All developments should have a mix of at least three land use types."
The proposed development has a mix ofresidential, corninercial, office and civic uses as desired.
• "Residential uses should comprise a minimum of 20%of the development area at gross densities
ranging from b to 15 units/acre."
Residential uses should comprise a miniinuin of'20%of the overall MU-C designated area at a
minimum density of 6 unitslacre. Prior to development of the future development"areas on the
A,faster Plan, a conceptual development plan should be submitted to ensure compliance.
■ "Non-residential buildings should be proportional to and blend in with adjacent residential Buildings."
The design, color, construction materials and height af'non-residential huildings should be
proportional to and blend with adjacent residential huildings as desired.
• "Vertically integrated stnactures are encouraged."
No verticalh,integrated structures are proposed at this time but are encouraged to be included.
• "Unless a structure contains a mix of both residential and office,or residential and commercial land
uses, a maximum building size should be limited to a 30,000 square-foot building footprint. For
community grocery stores,the maximum building size should be Iirnited to a 30,000 square-foot
building footprint. For community grocery stores,the maximum building size should be limited to a
60,000 square-foot building footprint. For the development of public school sites,the maximum
building size does not apply."
The building.footprints shown on the Master Plan dry not exceed 30,000 square feet;f iaure
development should be consistent with this guideline.
• "Supportive and proportional public and/or quasi-public spaces and places including but not limited to
parks, plazas,outdoor gathering areas,open space, libraries,and schools that comprise a minimum of
5%of the development area are required. Outdoor seating areas at restaurants do not count towards
this requirement."
A communiti,center with a plaza area and amphitheater are proposed in,Apex Northtivest adjacent to
ser�u.ce commercial and office uses: a charter school is proposed in Apex Southeast. These types of
spaces and places and uses should be provided in all of the MU-C designated areas in accord with
this guideline.Linear open space containing a multi-t.tse pathwa-v is proposed where the Williams
Northwest Gas Pipeline easement is located.
• Where the development proposes public and quasi-public uses to support the development above the
minimum 5%,the developer may be eligible for additional residential densities and/or an increase to
the maximum building footprint."
Although this is an option, the developer is not requesting an increase in density or in the naaximuni
building,footprint allowed.
Stgff believer the proposed development plan is generally consistent with the vision of the Comprehensive Plan
in regard to land use, density and transportation.
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VI. UNIFIED DEVELOPMENT CODE ANALYSIS (I D _Z
A. Development Agreement Modification(MDA):
The Applicant proposes to modify the existing Development Agreements (H=2015-001 q: Brighton
Investments, LLC— Inst. #2016-007072; SCS Brighton, LLC— Inst.#2016-007073; Murgoiti❑ Limited
Partnership—Inst. #2016-007074) for this property in order to replace the agreements with one new
agreement based on the proposed Master Plan(See Section VIII.A).
The existing Development Agreements(DA's)were required with the South Meridian Annexation
application in 2015. Because that application was initiated by the City, no development was proposed at
that time. A "placeholder"zoning of R-4 was assigned to all of the properties with the requirement that
any future development would require an amendment to the DA's to approve any proposed development
plan. Existing allowed uses in the County pertaining to the raising or maintaining of livestock and
agricultural operations; an exemption to MCC 6-3-10, Firearms, Dischargeable Instruments: and existing
agreements for the collection of solid waste were allowed to remain and continue until such time as the
properties redeveloped in the future. With the proposed development, these uses are required to cease.
The existing DA's require any property or easements needed by the City to provide any sewer or water
infrastructure needed in furtherance of the agreement to be provided by the Owner at no cost to the City
for the intent of providing for the advancement of sewer and water infrastructure for the benefit of the
property,the City and adjacent properties for water mains, sewer mains and trunk lines. Because all of the
water and sewer infrastructure commitments have been met and have been constructed, these provisions do
not need to be carried over to the new DA.
Staff recommends the proposed Master Plan is included in the new DA along with the provisions for future
development listed in Section IX.A.I to ensure compliance with the MU-C FLi1.M designation.
dwellings,Amiemati 811 e f Let 4. Week 1 a f Shaf�r-View Estates Subdivisiati eon sisting of 4 0.09 aer-es of land is
proposed with an R 2 goning distriet eonsistent%rith the asseeiated FLUN4 designation of:LDR. This lot
ly deed r-es;r-ieted a5 pai:t e�a iien 44-m development in the County and was wily allowed to
be-� pace for a peri od o f not less than 1--'-) years ffom the rec-or-ding date o f!he plat-; b ecause the
plat was recorded in 2002,this-res.�..etion has since expired,
Ne deN,elap ied at this time. Aiinereation is requested because the easteF4), 10 aer-es of the lot is
needed�ff sewer-and-Le-AeSs*A- t4ie pr-aposed development.; tile F-emaifider 0�the pmpe , i . , - ased to
!he R -2 zoning distriet. The Developer plans to develop the propel-ty between!he co 1 leeter stfeet and the
Prior-to annexation of the proper-ty, a lot division should he approved by Ada County in order fo
The annexation area is within the Afea of City impact Boundary (AOCI). A legal description fof!!he
The City may r-equire a development agreement (DA) in eenj�metien with an a suati!to 1dah-9
parks,mi nor public uti liti es and c ertain wireless coramun i cation faci lities as pfiflCipal Peffflitted LiSeS, Staff.
ti
ter.
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C. Rezone(RZ):
A rezone of 384.97 acres of land from the R-4 to the n ""' 70 ae.tl,. R-8 (144.78+ 119.28=264.06
acres), R-15 (76.93 acres)and C-C (43.28 acres)zoning districts is proposed.
area on the west side of the fiiiufe collector street depieted on the Master Plan. Because!his
annexed wiIh R 2 zoning, Staff recommends the adjaeent LDR des' A for the area pfoposed to
publie hearing with a land develepinen!applieatiBH (see pe. 3 9). NE)develepffleHt is p; ;iiiue.
=;rU;;C T- e-1 1 2.- I he a!lowed uses 1iste4 in UOG Table 11--2 i.
The areas proposed to be rezoned to R-8 consisting of total of264,06 acres are primarily designated on
the FLUM as MDR but some of the area is within the MU-C designated area.The Master Plan does not
depict a conceptual development plan for much of the R-8 zoned area except for that to the south of the C-
C zoned area in Apex Southeast where single-family detached homes are proposed at a gross density of
3.75 units/acre. Because this area is in close proximity to a major transportationlmobility corridor
(E. Lake Hazel Rd.) and a City Park, a higher density in this area is encouraged.
The 76.93 acre areas proposed to be rezoned to R-15 lie within areas designated as MDR, MHDR and
MU-C on the FLUM. The Master Plan does not include a conceptual development plan for the portion in
the MHDR designated area. To ensure future development occurs consistent with the guidelines in the
Comprehensive Plan for MHDR designated areas,Staff recommends a DA provision requiring
future development to incorporate high quality, architectural design and materials and thoughtful
site design to ensure quality of place; an alternative housing type such as townhomes and/or multi-
family is recommended. Connectivity with adjacent uses and area pathways,attractive landscaping
and project identity should also be provided.The majority of the remainder of the R-15 area is
designated MU-C with a small portion designated MDR. Alley-loaded single-family attached and detached
homes are depicted on the Master Plan in the MDR and MU-C designated areas included in the Apex
Northwest plat at the northwest corner of Locust Grove/Lake Hazel Roads in accord with the
Comprehensive Plan. A concept development plan is not proposed for the remainder of the area proposed
to be zoned R-15 north of the commercial area in Apex Northwest, on the south side of Lake Hazel and on
the east side of Locust Grove in the MU-C designated area. To ensure these areas develop consistent
with the general Mixed Use and MU-C guidelines in the Comprehensive Plan,Stag recommends the
DA is amended prior to development of these areas to include a conceptual development plan. Future
development should comply with the dimensional standards of the R-I5 district listed in UDC Table 11-
2A-7, the allowed uses for the R-15 district listed in UDC Table 11-2A-2,and the general guidelines for
Mixed Use developments and specifically MU-C designated areas in the Comprehensive Plan.
The proposed rezone of 43,28 acres of land to the C-C zoning district is consistent with the associated
FLUM designation of MU-C. The area at the northwest corner of Locust Grove and Lake Hazel Roads is
proposed to develop with a mix of neighborhood-serving commercial and office uses including a
community center and amphitheater; and the area on the south side of Lake Hazel,east of the Locust
Grove/Lake Hazel intersection is proposed to develop with a charter school as depicted on the Master Plan.
A conceptual development plan is not proposed for the MU-C designated areas at the southwest,southeast
and northeast corners of the intersection. To ensure these areas develop consistent with the general
MLred Use and MU-C guidelines in the Comprehensive Plan,Staff recommends the DA is amended
prior to development of these areas to include a conceptual development plan consistent with these
guidelines.
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Item#11.
The Murgoitio property(Parcel#S1406110110) located southwest of the E. Lake Haxet/S.Locust
Grove Rd. intersection shown as an "NAP"should be included in a future subdivision of the
surrounding property(Parcel#S1406110350 or#S1406110015)in order to establish a legal division
of land. Or,if a parcel division was approved by Ada County for the current configuration of the
property,proof of such should be submitted to the Planning Division with a future subdivision
application for the surrounding property.
Legal deseripiionswith associated exhibit rnaps of flie areas proposed to be rezoned are included in
land that 6 s p art of the an nevation r-eq if est,Staff h as req uested the Applienat revise the description
to exelude thfit arenj a r-ei4sed legal deseription and exhibit mfip should be submitted pFiar-to the
The City may require a development agreement(DA)in conjunction with a rezone pursuant to Idaho Code
section 67-651 IA_ Because a new DA is proposed to replace the existing DA's Staff recommends the
above recommended ❑A provisions are included in that agreement-
D. Preliminary Plats:
Two separate preliminary plats, Apex Northwest and Apex Southeast, are proposed due to ACHD right-of-
way(ROW) for Lake.Hazel and Locust Grove Roads separating the properties. Because this overall
project will be developed as a single integrated project and marketed as such, analysis of both projects is
included in this report.
Apex Northwest consists of 120 single-family residential buildable lots for the development of 88 detached
and 32 attached dwelling units, 1 1 commercial buildable lots and 14 common lots on 41.75 acres of land in
the C-C and R-15 zoning districts. The minimum lot size proposed is 2,863 square feet(s.Q with an
average lot size of 3,885 s.f. The gross density proposed is 5.62 units/acre with a net density of 11.21
units/acre. The subdivision is proposed to develop in 3 phases as shown on the Phasing Plan in Section
VIII.D.
Apex Southeast consists of 237 single-family residential buildable lots,2 eominercial buildable lots,30
common lots and 10 other(shared driveway)lots on 81.63 acres of land in the C-C and R-8 zoning
districts. The minimum lot size proposed is 4,840 square feet(s.f)with an average lot size of 7,058 s.f.
The gross density proposed is 3.75 units/acre with a net density of 6.17 units/acre. The subdivision is
proposed to develop in three(5)phases as shown on the phasing plan in Section VIII.D.
Overall,a total of 357 single-family residential buildable Iots, 13 commercial buildable lots,44 common
lots and 10 other lots are proposed between the two subdivisions at a gross overall density of 4.22
units/acre and a net overall density of 7.27 units/acre.
Existing Structures/Site Improvements:
There are no existing structures within the boundaries of the proposed plats.
The Northwest Williams Gas Pipeline crosses the northeast corners of Apex Northwest(Lot 2, Block 6)
and Southeast(Lot 1, Block 9 and Lot 1, Block 14) subdivisions as depicted on the preliminary plats.
Development within this area should comply with the Williams Developers' Handbook. No strictures
should be located within the easement.
Proposed Use Analysis:
The proposed single-family detached and attached dwellings are listed as a principal permitted use in the
R-8 and R-15 zoning districts; and an education institution is listed as a conditional use in the R-8 zoning
district per UDC Table I 1-2A-2, subject to the specific use standards listed in UDC 11-4.3-14. An
education institution and professional service(i.e. office) is listed as a principal permitted use in the C-C
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Item#11.
district,subject to the specific use standards listed in UDC 11-4-3-14; other allowed uses in the C-C
district are listed in UDC Table 11-213-2.
Dimensional Standards (UDC 11-2):
Development of the subject property is required to comply with the dimensional standards listed in UDC
Tables 11-2A-6 for the R-8 zoning district, 11-2A-7 for the R-15 district and 11-2B-3 for the C-C district.
Subdivision Design and Improvement Standards[UDC 11-6C-3)
Development of the subdivision is required to comply with the subdivision design and improvement
standards listed in UDC 11-6C-3,including but not limited to streets, alleys, common driveways,
easements and block face.
The proposed lots in Apex Northwest are consistent with the dimensional standards of the R-15 and C-C
zoning districts.However,one of the alleys is not designed so that the entire length is visible from a
public street as required by UDC 11-6C-3B.5e;the plat should be revised to comply. Common
driveways that comply with the standards in UDC 11-6C-3D may be considered as an alternative.
The proposed lots in Apex Southeast are consistent with the dimensional standards of the C-C and R-8
zoning districts. Two(2) alleys and 10 common driveways are proposed in the residential portion of the
development that are consistent with the standards in UDC 11-6C-3. Such alleys and common driveways
should be constructed in accord with the standards listed in UDC 1 1-bC-3B.5 and I 1-6C-3D. A perpetual
ingress/egress easement is required to he filed with the Ada County Recorder for the common
driveways,which shall include a requirement for maintenance of a paved surface capable of
supporting fire vehicles and equipment. 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. Address
signage should be provided at the public street for homes accessed via common driveways for
emergency wayfinding purposes.
Access(UDC 11-3A-3)
Access is required to comply with the standards listed in UDC 11-3A-3.
Apex Northwest: Two(2)public street accesses are proposed via E. Lake Hazel Rd., an arterial street, and
two(2)public street accesses are proposed via S.Locust Grove Rd., an arterial street. Collector streets(E.
Crescendo St. and S. Apex Ave.) are proposed in accord with the MSM.
Apex Southeast: Three(3)public street accesses are proposed via S. Locust Grove Rd., an arterial street,
and two(2)public street accesses are proposed via E. Lake Hazel Rd.,an arterial street. Collector streets
(E. Tower St., S. Vertex Way and E. Via Roberto St.)are proposed in accord with the MSM.
Alleys are proposed for access to alley-loaded homes in Apex Northwest and Apex Southeast. Common
driveways are proposed for access to certain homes in Apex Southeast.
Cross-access easements should be provided between all commercial lots in the subdivisions as set
forth in UDC 11-3A-3A.2.
Road Improvements: The Applicant has proposed to enter into a Cooperative Development Agreement
(CDA)with ACHD to improve Lake Hazel Road abutting the site with(4) 11.5' wide travel lanes,a 19'
wide center landscape median,vertical curb, gutter, 8' wide planter strips and 14' wide detached concrete
sidewalks within 109' to 120. 5' of right-of-way(ROW)with the first phase of development. The
Applicant has proposed to construct dedicated right-turn lanes on Lake Hazel Rd. at Aspiration Ave.,Apex
Ave., Peale Ave. and Vertex Way. Locust Grove Rd. abutting the site is proposed to be improved with (3)
12' wide travel lanes with 6.5' wide bike lames, vertical curb, gutter, 8' wide planter strips and 5' wide
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Item#11.
detached concrete sidewalks within 77' of ROW. The specific conditions of approval pertaining to the
CDA are included in the ACHD report in Section IX.H.
Parking(UDC 11-3C):
Off-street parking is required to be provided in accord with the standards listed in UDC Table 1 1-3C-6 for
single-family detached dwellings based on the number of bedrooms per unit. Future development should
comply with these standards. Parking for non-residential uses is required per the standards listed in UDC
11-3 C-6B.1.
Pathways{UDC 11. 3A-8}:
The Pathways Master Plan(PMP)depicts segments of the City's multi-use pathway system in the linear
area where the Williams gas pipeline is located and along the east boundary of the rezone area.
Pathways should be provided with development in accord with the PMP per the conditions fi-om the Park's
Dept. in Section IX.E.All pathways shall be constructed in accord with the standards listed in UDC
11-3A-8 and the Pathways Master Plan. Landscaping shall be provided along either side of the
pathway in accord with the standards listed in UDC 11-313-12C.Public pedestrian easements (14-feet
wide)should be provided prior to signature by the City Engineer on final plat phases in which
pathways are located.
Staff recommends two(2)additional micro-path connections are provided in Apex Southeast at the
east boundary to Discovery Park.
Sidewalks{UDC 11 3A-17]:
The UDC (11-3A-17)requires,at a minimum,detached sidewalks to be provided along arterial and
collector streets and attached sidewalk to be provided along local streets.
Detached sidewalks are proposed along all internal local and collector streets and along the arterial streets
in accord with the standards listed in UDC 11-3A-17.
Parkways(UDC 11-3A-1 :
Eight-foot wide parkways are proposed adjacent to all streets with detached sidewalks; all parkways are
required to be constructed in accord with the standards listed in UDC 11-3A-17.
Landscaping(UDC I]-3B :
A 25-foot wide street buffer is required adjacent to S. Locust Grove Rd,and E. Lake Hazel Rd.,both
arterial streets: and a 20-foot wide street buffer is required adjacent to E. Crescendo St., S. Apex Ave.. E.
Tower St., S. Vertex Way and E. Via Roberto St.,all collector streets,landscaped per the standards listed
in UDC 11-3B-7C.Alternative C'omplirance inay be requested to UDC 11-3B-7C.2a for street ballets along
collector streets to he Incited in ra dedicated buffer rather than in a common lot.
Parkways are required to be landscaped in accord with the standards listed in UDC 11-3A-17 and 11-313-
7C.
Landscaping is required along all pathways in accord with the standards listed in UDC 11-313-12C as
discussed above.
Common open space is required to be landscaped in accord with the standards listed in UDC 11-3G-3E.
Mitigation is required for any existing trees proposed to be removed from the site as set forth in UDC 1I-
3B-14.C.5.
If the unimproved right-of-way is 10 feet or greater from the edge of pavement to edge of sidewalk
or property line,the Developer is required to maintain a 10 foot compacted shoulder meeting the
construction standards of ACHD and landscape the remainder with lawn or other vegetative ground
cover as set forth in UDC 11-313-7C.5.A license agreement for improvements within the right-of-way
is required between the property owner and ACHD.
Page 16 - -
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Item#11.
Qualified Open Space(UDC I1-3G1:
A minimum of 10%qualified open space meeting the standards listed in UDC 11-3G-3B is required to be
provided with development of land in residential districts.
Based on the residential portion of the Apex Northwest plat (31.52 acres)zoned R-15, a minimum of 3.15
acres of qualified open space is required to be provided. Qualified open space consists of all of the street
buffers along collector streets,half ofthe street buffers along arterial streets,the 8-foot wide parkways
between the curb and detached sidewalk, linear open space at least 20' wide and up to 50' wide that has an
access at each end,and open grassy areas of at least 50' x 100' in area. Although an open space exhibit
was submitted that appears to meet the minimum standards,it includes areas in the C-C coning
district that do not qualify toward the minimum requirements for the subdivision.Staff recommends
the exhibit is revised prior to the Council hearing to onljy depict areas that qualify per the standards
listed in UDC 11-3G-3B in order to ensure consistency with this standard. If additional qualified
open space is needed,the plat should be revised to comply.
Based on the residential area of the Apex Southeast plat(63.18 acres)zoned R-8, a minimum of 6.32 acres
ofqualified open space is required to be provided. Qualified open space consists of all of the street buffers
along collector streets,half of the street buffers along arterial streets,the 8-foot wide parkways between
the curb and detached sidewalk, linear open space at least 20' wide and up to 50' wide that has an access at
each end, and open grassy areas of at least 50' x 100' in area. Although an open space exhibit was
submitted that appears to comply with the minimum standards,it includes areas in the C-C zoning
district that do trot qualify toward the minimum requirements for the subdivision.Staff recommends
the exhibit is revised prior to the Council hearing to on13y depict areas that qualify per the standards
listed in UDC 11-3G-3B to ensure consistency with this standard. if additional qualified open space
is needed,the plat should be revised to comply.
Qualified Site Amenities(UDC 11-3
A minimum of one(1)qualified site amenity is required for each 20 acres of land to be developed in
residential districts as set forth in UDC I 1-3G-3.
Based on the area of the residential portion of Apex Northwest(31.52 acres),a minimum of one (1)
qualified site amenity is required to be provided. A gazebo is proposed as an amenity in Lot 32, Block 5 as
an amenity; Staff recommends tables and benches are also provided as required for a"picnic area"
amenity. A community center and amphitheater are also proposed as public amenities in the adjacent
commercial portion of the development and a swin-uning pool is depicted on the Master Plan off-site on the
adjacent property to the north;however,these do not qualify as amenities for the residential portion of the
development proposed to be platted with this application.
Based on the residential area of the Apex Southeast plat(63.18 acres)zoned R-8, a minimum of three(3)
qualified site amenities are required to be provided. A swimming pool and children's play equipment
are proposed in a central common area and pedestrian pathways(multi-use pathway along E. Lake
Hazel Rd. and internal pathways)are proposed as amenities in this development in accord with
UDC standards. A detail of the children's play equipment should be submitted with the final plat
application.
Waterways (UDC
There are no waterways within the boundary of the preliminary plats.
The Farr Lateral runs along the north and cast boundaries;the McBirney Lateral crosses the site cast/west;
and another waterway runs north/south through the annexation and/or rezone areas.
Fencing(UDC 11-3A-7):
All fencing is required to comply with the standards listed in UDC 11-3A-6C and 1 1-3A-7. Fencing is
proposed as shown on the landscape plan.
- Page 17
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Item#11.
Six-foot tall wood picket fencing is proposed along end caps at the ends of residential lots adjacent to
common areas; and 5-foot tall clear vision metal fencing is proposed adjacent to internal common areas.
Storm Drainage:
An adequate storm drainage system is required in all developments in accord with the City's adopted
standards, specifications and ordinances. Design and construction is required to follow Best Management
Practice as adopted by the City.
Irrigation: Underground,pressurized irrigation water is required to be provided for each and every lot
within the development in accord with MCC 9-1, Water Use and Service. Irrigation water will be provided
from Boise Project Board of Control.
Building Elevations [UDC I1-3A-19 J Arclritectt4ral Standards Mar:urrl]:
The Applicant submitted several perspective building elevations for the proposed single-family homes and
for the commercial structures planned to be constructed in this development which are included in. Section
V III.G. Homes depicted are a mix of I-and 2-story units, attached and detached,with building materials
consisting of a variety of siding styles and stucco with stone/brick veneer accents. Final design is required
to comply with the design standards in the Architectural Standards Manual, single-family detached
dwellings are exempt from design review standards.
Because 2-story home elevations that face arterial and collector streets are highly visible,Staff
recommends as a provision of the DA that the rear andior side of structures on lots that face E. Lake
Hazel Rd. and S. Locust Grove Road,arterial streets, and S.Vertex Way, E.Tower St,,E.
Crescendo St.,S.Apex Ave.and E.Via Roberto St.,collector streets,shall incorporate articulation
through changes in two or more of the following: modulation(e.g.projections,recesses,step-backs,
pop-outs),bays,banding,porches, balconies,material types,or other integrated architectural
elements to break up monotonous wall planes and roof lines that are visible from the subject public
street.Single-stary structures are ereinpt fro►n this requirement.
A Certificate of Zoning Compliance and Design Review application is required to be submitted and
approved prior to submittal of any building permit applications for the swimming pool facility and non-
residential/commercial structures. A Design Review application is required to be submitted for single-
family attached units;one application can be submitted for the overall development if desired. Design
review is not required,Jor single- roily detached homes.
VII. DECISION
A. Staff:
Staff recommends approval of the proposed MDA,AZ, RZ and PP applications with the requirement of a
new Development Agreement with the provisions noted in Section IX.A per the Findings in Section X.
B. The Meridian Planning& Zoning Commission heard these items on July 9,2024.At the public
hearing, the Commission moved to recommend approval of the subject MDA, RZ and PP
requests.
I. Summary of Commission public hearing
a. In favor: Jon Wardle
b. In opposition: None
C. Commenting: Stacia Morgan; Annette Alonzo representing the Southern Rim Coalition
d. Written testimony:Julie Edwards
K. Staff presenting gpplication. Sonya Allen
f. Other Staff commenting on application: None
2. Key issue(s)of public testimony
a. Opposed to the proposed rezone from R-4 to R-15 for the land along Lake Hazel Rd.
between Meridian Rd. &Locust Grove Rd.(not against higher density around
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Item#11.
commercial areas);would like to see the zoning of the"future development"areas
remain R-4 rather than be rezoned to R-8• belief that farm land and open s ace should
be preserved as touch as possible; concern that current school system does not have the
capacity to accommodate all of the students from this development; would like a
moratorium placed on development that has not already been approved to allow time for
the school district and roads to catch up and to have time to re-evaluate how we want to
use our dwindling-remaining—open spaces& farmland.
b. Concernvertaining to ca acityof area schools and abili to accommodate more
R students from this development;
C. Would like pathways provided to Black Rock Subdivision for connectivity.
3. Key issues)of discussion by Commission:
a. Concern pertaining to capacity of area schools and impact of the proposed development
on such;
b. Supportive of proposed development, community amenities and associated
improvements to Locust Grove and Lake Hazel Roads;
4- Commission change(s)to Staff recommendation:
a. If revised qualified open space exhibit depicts qualified area less than 10%that the
amphitheater in the commercial area be allowed to count toward the requirement
through an alternative compliance request to UDC 1 1-3A-3.
5. Outstanding issue(s) for City Council:
a None
Note: The annexation request was pulled,fi o►t the Commission agenda at the regite.st of the properly
owner-so Thal it could be re-noticed with a change in Zoning froth R-2 to R-4. Therefore, it is nor
movIng_forward to Council with the MDA, RZ&PP applications.
C The Meridian City Council heard these items on August 11,2020.At the public hearing the
Coaieitinow- w a_p mve ubiegt MDA,RZ tldPP mquesls.
L Summary-QM1 ,-C- q Cotln 'LP -P-hQa-n�
In fayorL!QnAV ad-1]avid�b_1 L3ti lion C_oMor to ion
b. In opposition_None
g, C==eutlw -ChriO wMand,Marcella White,Julie Edwards
d. Written testimony.None
& SAtaffT-re�enlinp PPExa an_ Sam lL0
i OthuLS-w f- .QQnunrrttinr �n li iQn= 4e�.Qn �
2_ +issue o �blic teat_imo�y,
a NOOD19Y4T-vf and.isrt sizes of the
propowAd-r-melapmml=Rr rence fyr_larger estate las(LF u=1 and gpgzis A=
3. Key issue(s)of discussion by City Council:
a, Pba-,6 g of the}�r�liminary plats;
lt. Tl urn DM-Qf_theAtz o -nt WalLcQtxi =TLam- itim
c Develomeen_t is Proactive in addressing haff clinfrastructure concerns up front:and,
d. C-wwm-about education issue aud-oy r�r-owdirtg.of area schools.-- —�
I City Council change(s)to Commission recommendation
aa, None
Page 19
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Item#11.
VIII. EXHIBITS
A. Master Plan(Revised)
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AREA EXCLUDED 8Y
AUGUST 11,2020 CITY
COUNCIL APPROVAL:
SUBIECTTO FUTURE
5
APPLCATIOTJS.
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.C'JNCCFTUA Wi U61ECT TO Ct-ANGE ,
AUGUST 19,2020 kk
Page 20
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Item#11.
Page 21
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Item#11.
C. I2ezoric I.egal Description & Exhibit Map
r �, I E-AMFTY RD_
— — + —
I
R-8 I
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APEX NORTHWEST
SUBDIVISION PRE-PLAT
R-I5 C-C , 1
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TNAP
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R-8
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APEX SOUTHEAST
SUBDIVISION PRE-PLAT
JIM 0 1000 2000 3006
Plan Sale:l"=1OW'
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MERIDIAN,IDAHO
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SHEET: OVERALL PROJECT VICINITY MAP
I Or I
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Item#11.
km
9233 WEST STATE STREET I BOISE,083714 1 20&639.6939 I FAY 20&639.593u
April 2,2020
Project No.20-017
Exhibit A
Legal Description for
Rezone to R-8-North
Apen Subdivision
A portion:of the East 1/2 of the Northwest 1/4,a portion of the Southeast 1/4 and a portion of the
Northeast 1/4 of the Southwest 1/4 of Section 31,Township 3 North,Range 1 East,B.M.,City of
Meridian,Ada County, Idaho and being more particularly described as follows:
BEGINNING at a 5/8-Inch rebar marking the Center of said Section 31,thence following the northerly
line of said Southeast 1/4 of Section 31,N89°57'56"E a distance of 2,601.37 feet to a brass cap marking
the East 1/4 corner of said Section 31;
Thence leaving said northerly line and following the easterly line of said Southeast 1/4,S00°32'22"E a
distance of 1,419.94 feet;
Thence leaving said easterly line,iN89'42'21"W a distance of 1,423.17 feet;
Thence S00"16'52"W a distance of 620.00 feet;
Thence N8942'21"W a distance of 1,198.50 feet to the westerly line of said Southeast 1/4;
Thence following said westerly line,N00"16'52"E a distance of 682.44 feet to the Center-South 1116
corner of said Section 31;
Thence leaving said westerly line,S89"52'08"E a distance of 62.50 feet;
Thence N00'16'52"E a distance of 895.00 feet;
Thence 199.42 feet along the arc of a circular curve to the left,said curve having a radius of 280.00 feet,
a delta angle of 40°48'25",a chord bearing of NZV07'20"W and a chord distance of 195.23 feet;
Thence N40"31'33"W a distance of 241.33 feet;
Thence 198.79 feet along the arc of a circular curve to the left,said curve having a radius of 230.00 feet.
a delta angle of 49'31'13",a chord bearing of N65"17'09"W and a chord distance of 192.66 feet to the
southerly line of said East 1/2 of the Northwest 1/4 of Section 31;
Thence following said southerly line,S8957'15"W a distance of 980.26 feet to a 5/8-inch rebar marking
the Center-West 1/16 corner of said Section 31;
Thence leaving said southerly line and following the westerly line of said East 1/2 of the Northwest 1/4,
N00°25'36"E a distance of 1,558.66 feet;
Thence leaving said westerly line,N81'55'55"E a distance of 51836 feet;
Thence 56.28 feet along the arc of a circular curve to the left,said curve having a radius of 58.00 feet,a
delta angle of 55"35'50",a chord bearing of 520°49'52"E and a chord distance of 54.10 feet;
Thence S46°52'43"E a distance of 45.40 feet;
Thence 554°18'104E a distance of 180.18 feet;
Thence 161.54 feet along the arc of a circular curve to the left,said curve having a radius of 588.00 feet,
a delta angle of 15'44'26",a chord hearing of 562°10'23"E and a chord distance of 161.03 feet;
Thence S70°02'36"E a distance of 107.80 feet;
Thence 519'57'WW a distance of 12.00 feet;
Thence 570"02'36"E a distance of 14.45 feet;
Thence S61658'05"E a distance of 207.13 feet;
Thence S65"32'S0"E a distance of 188.57 feet to the easterly line of said East 1/2 of the Northwest 1/4;
Page 23
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Item#11.
Thence following said easterly line,S4d'38'17"W a distance of 1,140.13 feet to the POINT OF
BEGINNING.
Said parcel contains a total of 144.78 acres,more or less.
Attached hereto is Exhibit Band by this reference is hereby made a part of.
5� GX 5 `P
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WEST 114 CORNER SET'IIr1N 31 N4031-"-* 'v —0xse.33 Rezone Area: 144.7$t AC
a
l All or 51131244S9a&portion of FM24220042. W
S1131417200,S1131439400 &51131417251 0
' I Current Zonlns-RUT&R•4 P
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Page 24
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Item#11.
km
9233 WEST STATE STREET I B015E,ID83714 1 208.639,6939 1 FAX 208.639.6930
April 2,2020
Project No-20-117
Exhibit A
Legal Description for
Rezone to R-8-South
Apex Subdivision
A parcel of land situated in a portion of the West 1/2 of the Northwest 1/4 of Section S and a portion ul
the East 1/2 of the Northeast 1/4 of Section 6,Township 7 North,flange 1 East 8,M-,City of Meridian,
Ada County,Idaho and being more particularty described as follows:
Commenceing at a brass cap marking the earner common to Sections 5 and 6,Township 2 North,Range
1 East and Sections 31 and 32,Township 3 North,Range 1 East which bears 58942'21"E a distance of
2.640.00 feet from a SIB-inch rebar marking the North 1/4 corner of said Section 6,thence following the
easterly line of the Northeast 1/4 of said Section 6,SOD"04'35"E a distance of 661-39 feet to the POINT
OF BEGIN N ING.
Thence leaving said easterty line,N89'53'420E a distance of 966.03 feet;
Thence N41'51'13"E a distance of 547,17 Feet to the easterly line of said West 1/2 of the Northwest 1/4
of Section 5;
Thence following said easterly line,500'01'43'"E a distance of 2,421.96 feet to the Center-West 1/16
cornet of said Section 5;
Thence leaving said easterly line and following the southerly line of said West 1/2 of the Northwest 1/4
of Section 5,N89"52'3$"W a distance of 1,329.65 feet to a bras cap marking the West 1/4 comer of said
Sect Ion S(East 1/4 corner of said Section 6J;
Thence leaving said southerly Iitie of the West 1/2 of the Northwest 1/4 of Section 5 and following the
southerly Iine of said East 1/2 of the Northeast 1/4 of section 6,Ng9'22'S0'W a distance of 1,304.25
feet;
Thence leaving said southerly line,NDD'43'55"W a distance of I11-26 feet;
Thence N00'20'23"W a distance of 549.25 feet;
Thence N87`34'2FW a distance of 1349 feet to the westerly Iine a said East 1/2 of the Northeast 114
of Section 6;
Thence following said westerly Ine,NOD'02'06"W a distance of 56.73 feet to the westerly right-of-way
line of the Rawson Canal;
Thence leaving said westerly Iina and following said westerly right-of-way Iine the following bourses:
1. N78'25'55"E a distance of 16111 Feet;
2. N54'S5'20"E a dkst once 0f 74.17 feet;
3. N31'51'12"E a distance of 92.01 feet;
4. NIQ'25'10"E a distance of 381.33 feet;
5. N05'26'52"W a distance of 106.26 feet;
b. N18'S6'20"W a distance of 287.65 feet;
7. N32'08'38"W a distance of 91.83 feet;
R. Nfil'32'57"W a distance of 104.62 feet;
9. N74'59'050W a distance of 44.02 feet;
Thence leaving said westerly tot-of-way Iine, N0002'06"W a distance of 396.78 feet;
ENGINEERS I SURVEYORS I P ANNI'M
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Item#11.
Thence 589'42'20"E a distance of 796,96feet;
Thence 500'04'35"E a distance of 252.00 Feet;
Thence 589'4Z'Z0"E a distance of 473A0 feet to the easterly line of said East 1/2 of the Northeast 1/4 of
Section 6(westerly line of said Wes[112 of the Northwest 1/4 Of 5ectlon 5};
Thence fallowing saIts eastefly I]ne(and saW westerly line), N00'04'35"W a distance of 84.63 feet to the
POINT OF MINNING.
Said parcel contains a total of 119.28 acres, mpre Or IeSS,
Attached hereto is Exhibit 8 and by this reference is hereby made a part of.
�- 12459 Q
a:
4"r
2-•2,0?W
PAGE
Page 26
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Item#11.
BASIS OF BEARING
rl _ 9 42'21"E 2640.00' E LAKE HAZEL Rb 31 32 T.3N.• R.1E._ _ m c
61370.00' 6 5 T.2N„ R.1 E — — — / o
POINT OF COMMENCEMENT 5/8-INCH REBAR I
}M RERAR BRASS CAP WEST 1/18 CORNER) -/4 CORNER NW CORNER SECTION 5 �`'� SECTION 5 AN❑
swnoo & NE CORNER SECTION 5 M SECTION 32 00 a°
�
S89'42'20"E 796.96' NI f BeGINNI � � O 'O 2
a r, I N89'53'42"E 95&OY 4-
6 �5
589'42'20"E L71 C
L9 473.40' LINE TABLE 3 ~ ^j
G] X aj
N
C8 LINE SEARING DISTANCE CC c
Rezone,area: 119.28±AC. LI N87.34'26 W 13.49 m Q y
N18'56'20'W Portion of 51406110015,
'C 2g7'Bs All of 51406110350 and L2 NO'O2'06'W 66.73
io m `a
a Portion of S1405212410 L3 N7a'25'55'E 161,21
Current Zanina:R-4 x d
L4 N54'55'20"E 74.17 n LU 3
Proposed zoning:R-8
L5 N31'51'12'E 92.01 w
r ? I L6 N526'52 W 10&26 tf _a
T n '� R L7 N32'p8'38"W 91.83 o a s
t4 'L I LS N61'32'57-W 104.61 nnre rrtuecN zom
v N oROIEST: xo ail
nj
a LEI N74'59'05'W 44.02 SHEET:
L1 N I L10 50'04'35.E 252.00 OF 1
`^ L11 NO'04'35'W 84.63
N00'20'23"W
549.25' L12 N59'22'50"W 17.75
0 200 400 BOO BRASS GAP
W 1/4 CORN
SECTION 5
SCALE: i"=4Q0'
E 1/4 CORNER SECTION 6 kin
1/2-INCH REBAR IMIMM
C-E 1/16 CORNER N06'43'55W C-W 1/16 CORNER Er INEERS SUtVEYPRt-P14NXF15
SECTION 6 111.26' SECTION 5 '3233 WE3T STATE STIIEET
N5922'50'W 1304.25' 6 5 N89'52'38W 1329.B5' O015E. I108311q
Pl1p X E{Z961639.6939
L1 2 FAX fR061639.6530
Page 27
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Item#11.
km
9233 WEST STATE STREET I 6DI5E,10 83714 [ 209.639.6939 1 FAX 208.639.6930
April 29,2020
Project No.20-017
Exhibit A
Legal Description for
Rezone to R-15
Apex Subdivision
A parcel of land situated in a portion of the South 1/2 of the Southeast 1/4 of Section 31 and a portion
of the Southwest 1/4 of the Southwest 114 of Section 32,Township 3 North,Range 1 East,B.M.,and a
portion of the Northeast 1/4 of the Northeast 1/4 of Section 6,Township 2 North,Range 1 East B.M.,all
situated in the City of Meridian,Ada County,Idaho and being mare particularly described as follows,
BEGINNING at a 5/9-inch rebar marking the corner common to Section 31,Township 3 North,Range 1
East,and Section 6,Township 2 North,Range 1 East,Which hears N89°42'21"E a distance of 2,640.00
feet from a 5/8-1nch rebar marking the Southeast 1/4 corner of said Section 31;
Thence following the westerly line of the Southeast 1/4 of the Southeast 1/4 of Sect lon 31,N00°16'S2"E
a distance of 660.00 feet;
Thence leaving said westefly line,S89°42'21"E a distance of 1,198.50 feet;
Thence N00"16'S2"E a distance of 620.00 feet;
Thence S89°42'21"E a distance of 1,971.82 feet to the easterly boundary of the Farr Lateral;
Thence following said easterly boundary the following courses;
1. 64.48 feet along the arc of a circular curve to the left,said curve having a radius of 110.00 feet,a
delta angle of 33'35'03",a chord bearing of 5O5°5[Y'15"W and a chord distance of 6 3.5 6 feet to a
1/2-inch rebar;
2. S10"57'45"E a distance of 410.17 feet to a 1/2-inch rebar;
3. 114.95 feet along the arc of a 6muIar curve to the left,said curve having a radius of 140.04 feet,
a delta angle of 47'02'41",a chord bearing of S34 29'O8"E and a chord distance of 111.75 feet
to a 1/2-inch rebar;
4. 558'00'31"E a distance of 219.85 feet to a 1/2-inch rebar;
5. S69°55'45"E a distance of 503.32 feet to a 1/2-inch rebar on the easterly line of said Southwest
1/4 of the Southwest 1/4 of Section 32;
Thence following said easterly line,S00"10'02"E a distance of 430.90 feet to the southerly line of the
Southwest 1/4 of Section 32;
Thence following said southerly line,N89'57'46"W a distance of 641.22 feet;
Thence NOO'06'18"W a distance of 124.99 feet;
Thence N4751'44"W a distance of 79 7.3 6 feet;
Thence N89°42'21"W a distance of 775.42 feet;
Thence SO0°16'52"W a distance of 1.154-01 feet;
Thence N89°42'20"W a distance of 587.77 feet;
Thence N00'02'O6"W a distance of 494.01 feet to the southerly line of the Southeast 1/4 of Section 31;
Thence fallowing said southerly line,N89'42'21"W a distance of 1,170.00 feet to the POINT OF
BEGINNING,
Page 28
Page 304
Item#11.
Said parcel contains a total of 76.93 acres,more or less.
Attached hereto is Exhibit B and by this reference is hereby made a part of.
4 �
a 12459 0
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L. 1B
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LEGEND
FOUND BRASS CAP , u°
fin s/a-wCrr +a�wre � �
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—SECT OH DPI C4 L9Nf Plan Sca le.V-$00' r1 Q
CURVE TABLE
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er
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fUSIS OF 8[APJIIG 124AW
3t 2640.00' T.3N„ a.1E.
G N89'42'21'W 1370.00' "a T.2N., R 1 E " H8B'3T461Y 6d 1_
PO"T Oi 0ES.NING L CSf 06t11�A 5/8-INCH R--3f.R 1
5/8-INCH REW SECTION 31
SOUTH 1/4 CORNER SECTION 31 � v NEST 1/16 CORNER
SECTJON 5 AND 32 O'A wln
987.77' o-nsnur s ru1 slee:r
ii��ff rarx a�nn esrrr
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Page 29
Page 305
Item#11.
km
9233 WEST STATE STREET I BOISE,ID 83714 1 208.639.6939 1 FAX 208.639.6930
April 29,2020
Project No.20-M7
Exhibit A
Legal Description for
Rezone to C{
Apex Subdivision
A parcel of land situated in a portion of the Southeast 1/4 of the Southeast 1/4 of Section 31,a portion
of the Southwest 1/4 of the Southwest 1/4 of Section 32,Township 3 North,Range 1 East,B.M.,and a
portion of the Northwest 1/4 of the Northwest 1/4 of Section 5,and a portion of the Northeast 1/4 of
the Northeast 1/4 of Section 6,Township 2 North,Range 1 East B.M.,all situated in the City of Meridian,
Ada County, Idaho and being more particularly described as follows!
Commencing at a brass cap marking the Northwest corner of Section 5,Township 2 North,Range 1 East,
which bears N89°57'04"W a distance of 1,331.87 feet from a found 5/8-inch rebar marking the West
1/16 corner of said Sections 5 and 32;
Thence following the northerly line of said Northwest 1/4,S89`57'04"E a distance of 690.66 feet to the
POINT OF BEGINNING.-
Thence continuing along said northerly line,S89°57'04"E a distance of 641.21 feet to a found 5/8-inch
rebar marking the West 1/16 corner of said Sections 5 and 32;
Thence leaving said northerly line and following the easterly line of the Northwest 1/4 of the Northwest
114 of said Section 5,S00°01'43"E a distance of 25U.92 feet to a point;
Thence leaving said easterly line,S41"51'13"W a distance of 547.17 feet to a point,-
Thence 589"53'42"W a distance of 966,03 feet to a point on the westerly line of said Northwest 1/4;
Thence foltowing said westerly line,N00"04'35"W a distance of 167.37 feet to a point;
Thence leaving said westerly line,N89'42'20"W a distance of 682.58 feet to a point;
Thence N00°16'52"E a distance of 1,154.01 feet to a point;
Thence S89"42'21"E a distance of 775.42 feet to a point;
Thence S47"51'44"E a distance of 797.36 feet to a point;
Thence S00"05'18"E a distance of 125.13 feet to the POINT OF BEGINNING.
Said parcel contains a total of 43.28 acres,more or less.
Attached hereto is Exhibit B and by this reference is hereby made a part of.
S
a ,, 12459 Q 0
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Page 30
Page 306
Item#11.
BRASS LAP °p w
EAST 1/4 CORNER a
—SECTION 31
ry �
'.S•4W 41'2 It
1..1 in 7
0 300 600 900 `.
FY s Plan Scale:1"=300' ¢ N a
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POWs OF C04lM�1VCE7NCNT 5/5` REBAR m X M N c
FOUND 9RAS5 CAP SCp'flQ'18`r WEST I/I B COft✓lER y., 4
SE CORNER =TIOX 31 1IS.13' SECTIONS 5 k 32 Q n q -
d
\ 3l 4 5199'42'21'E �3142 TSH LR,1E, _ 89A_89' _ $$g7'44•E 6i1.21' X .tee t,o
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E(A•CC HAZEL RQ C5 5 "Wr OF B6CIWNma �'I"I' QF 9fllft11µG v tl
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attar Area:43.2LA AC. r
u~i I Portion o151131d17251,S113232S1100.
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current 1pnww It% � I a
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LEGEND I
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A CALCIN.A►M PQINT
REZONE BOUNDARY iin.aten�.v.iry.nir•. ru.rwe•s
911]wllr;rtin srwn
EXMTI PARCEL WNE mhtt
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5 5 rvallr ewll��p-.'ate
--5ECTION LINE rwRx.:1c[rlip
Page 3I
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Item#11.
Northwest:
APEK NORTHWEST SUBDIVISM PRE UMINMY PLAT
A PORTROP4❑F THE SOUTH 7r OF THE SO UTHEASF IY4 4AG N091KA5T 1(4 0;"Hf
'AVCNCAST III 01 HCT"It T AIOII TN-RJV�i(Ito.1. fw,�
—
w,. CITY OF MERIDAK ADD COUNT'r,CMG }}
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Page 34
Page 310
Item#11.
Phasing Plan:
APEX Northwest Phasing
CanneprtcJ I Subject to Change
n
Southeast:
_ APEX SOUTH Elm r 5UBD V151GN PRELIMINARY PLAT _
TF lii M•J 11]IllIlA IN in pisi 112b Mll H. ll.I/I 'AN dS lluR1
V I r_•dl.cll.go mark"u Mull ll',Ill -
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Item#11.
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Page 35
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Item#11.
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Item#11.
Phasing Plan:
APEX Southeast Phasing
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Page 38 -
Page 314
Item#11.
E. Landscape Plan (date: 4/30/2020)
Northwest:
i— �,_ - _.. � _,_.... --� r,,-r,, •Via. ._..
— �,gr>�rre-reef r•ri n�emr r..r �-.r __... �..
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Page 40
Page 316
Item#11.
Southeast.
isQ3"MuMLAn salEIMMMFI
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Page 41
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Page 42
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Item#11.
MATC14LWE-SC£tiFICCP PPl.a
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Page 43
Page 319
Item#11.
F. Qualified Open Space Exhibit (dated: March May 2020)-REVISED
Northwest:
APEX N ORTHW EST SUBDIVISION OPEN SPACE EXHIBff
1.4 I lam
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1i41`.L.�g 4*LY'.: 4^.-_r r 'EC• avorwxrnv+EsWr"s mhmn C
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Page 44
Page 320
Item#11.
Southeast:
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Page 45
Page 321
ConceptualG. Building Elevations/
Residential:
+7Per Af[NJIr_dehe#eM-Affey Apse InA'Krse7rnnnf AflrY
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Page 46
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Item#11.
H. LegaI Description &Exhibit Map of Property Subject to New Development AgreemenIM
9233 WEST STATE STREET I 80ISE,083714 1 208.639.6939 1 FAX 208,639.6930
August 19,2020
Apex Subdivision
Project No.20-017
Legal Description
Exhibit A
Legal description for
Apex Subdivision
A parcel of land situated 1n a portion of the East 1/2 of the Northwest 1/4,all of the Southeast 1/4 of
Section 31 and a portion of the West 1/2 of the Southwest 1/4 of Section 32,Township 3 North,Range 1
East,B.M.,all of West 1/2 of the Northwest 1/4 Section 5 and a portion of the East 1/2 of the Northeast
1/4 of 5ection 6,Township 2 North,Range 1 East S.M.,all situated in the City of Meridian,Ada County,
Idaho and being more particularly described as follows.
BEGINNING at a 5/8-inch rebar marking the Center 1/4 Section 31,Township 3 TNoFth,Range 1 East,
B-M.,thence following the southerly line of the East 1/2 of the}Northwest 1/4 of said 5ectinn 31,
S89"57'150W a distance of 1,318.94 feet to a 5/8-inch rebar marking the Center-West 1/16 corner of
said Section 31;
Thence leaving said southerly flue and following the westerly line of the East 1/2 of the Northwest 1/4,
N00"25'36"E a distance of 1,558.66 feetto a point;
Thence leaving said westerly line.N81"55'55"E a distance of 5 18.7 6 feet to a point;
Thence 56.28 feet along the arc of a circular curve to the left,said curve having a radius of 58,00 feet,a
delta angle of 55`35'S0",a chord hearing of S20049'52"E and a chord distance of 54.10 feet to a point;
Thence S45°52'43"E a distance of 45.40 feet to a point;
Thence S54°18'10"E a distance of 180.18 feet to a point;
Thence 16 1.54 feet along the arc of a circular curve to the left,said curve having a radius of 598.00 feet,
a delta angle of 15'44'26",a chord bearing of 562'10'23"E and a chord distance of 161.03 feet to a
point;
Thence S70°02'36"E a distance a 107.80 feet to a point;
Thence 519*57'24"W a distance of 12.00 feet to a point;
Thence 570°02'36"E a distance of 14.45 feet to a point;
Thence 561'58'05"E a distance of 207.13 feet to a point;
Thence S6592'50"E a distance of 188.S7 feet to a point on the easterly line of the Southeast 1/4 of the
Northwest 1/4 said Section 31;
Thence following said easterly line,500'38'17"W a distance of 1,140.13 feet to the POINT OF
BEGINNING.
Said parcel contains a total of 43.744 acres,more or less.
TOGETHER WITH:
BEGINNING at a 5/8-inch rebar marking the Center 1/4 Section 31,Township 3 North,Range 1 East,B.M.,
thence following the northerly line of the Southeast 1/4 of said Section 31, N89°57'56"E a distance of
2,602.37 feet to a brass cap marking the East 1/4 corner of said Section 31;
Thence leaving said northerly line and following easterly line of the southeast 1/4 of said Section 31,
500`32'22"E a distance of 22 6.2 6 feet to a 5/8-inch rebar on the centerline of Farr Lateral;
ENGINEERS I SURVEYORS I PLANNERS
- Page 49
Page 325
Item#11.
Thence leaving said easterly line and following the centerline of said Farr Lateral the following seven (7)
courses:
1. 53843'32"E a distance of 61.71 feet to a point;
2. 551'12'32"E a distance of 444.04 feet to a point;
3. 56O'36`1O"E a distance of 272.66 feet to a point;
4. 586*04'31"E a distance of 206.22 feet to a point;
5. 573'45'13"E a distance of 301.51 feet to a point;
6. 543'15'53"E a distance of 313.74 feet to a point;
7, S29"01'13"E a distance of 37.13 feet to a point on the easterly line of the West 1/2 of the
Southwest 1/4 said Section 32;
Thence leaving said centerline and following the easterly line of the West 1/2 of the Southwest 1/4 of said
Section 32,S0O"08'25"E a distance of 206.12 feet to a 1/2-inch rebar on the easterly boundary of said Farr
Lateral;
Thence leaving said easterly line and following the easterly boundary of said Farr Lateral the following
twelve(12)courses:
1. 22.57 feet along the arc of a circular curve to the right, said curve having a radius of 144.67 feet,a
delta angle of 08'56'24",a chord bearing of 556'50'40"W and a chord distance of 22.55 feet to a
1/2-inch rebar;
2. 561'18'S4"W a distance of 91.61 feet to a 1/2-inch rebar;
3. 122.47 feet along the arc of a circular curve to the right, said curve having a radius of 220.C4 feet,
a delta angle of 31'53'39",a chord bearing of 577'15'42"W and a chord distance of 120.89 feet to
a 1/2-inch rebar;
4. N85°47'3 i"W a distance of 362.95 feet to a 1/2-inch rebar;
5. 583°47'06"W a distance of 26.72 feet to a 1/2-inch rebar;
6. S69°57'44"W a distance of 12 8.9 7 feet to a 1/2-inch rebar;
7. 90.89 feet along the arc of a circular curve to the left,said curve having a radius of 110.00 feet,a
delta angle of 47"20'30",a chord bearing of 546*18'02"W and a chord distance of 88.33 feet to a
point;
S. 64.48 feet along the arc of a circular curve to the left,said curve having a radius of 110.00 feet,a
delta angle of 33'35'03", a chord bearing of SO5°50'15"W and chord distance of 63.56 feet to a
1/2-inch rebar;
9. S10'57'45"E a distance of 410.17 feet to a 1/2-inch rebar;
10. 114.95 feet along the arc of a circular curve to the left,said curve having a radius of 140.00feet,a
delta angle of 47"02'41",a chord bearing of S34°29'O8"E and a chord distance of 111.75 feet to a
1/2-inch rebar;
11. S58'00'31"E a distance of 219.85 feet to a 1/2-inch rebar;
12. S69'55'45"E a distance of 503.32 feet to a 1/2-inch rebar on the easterly line of the Wes*1/2 of
the southwest 1/4 of said Section 32;
Thence leaving said easterly boundary and following easterly line of the West 1/2 of the Southwest 1/4 of
said Section 32,SGO'1O'02"E a distance of 431,17 feet to a 5/8-inch rebar common to Section 5,Township
2 North Range 1 East, B.M.,and Section 32,Township 3 North Range 1 East,S,M.;
Thence leaving said easterly line and following the easterly line of the West 1/2 of the Northwest 1/4 of
said Section 5,SOO'OV43"E a distance of 2,672.88 feet to the Center-West 1/16 corner of said Section 5;
PAGE 12
Page 50
Page 326
Item#11.
Thence leaving said easterly line and following the southerly line of the West 1/2 of the Northwest 1/4 of
said Section 5,NA9'52'38"W a distance of 1,329.65 feet to a brass cap common to Sections 5 and 6;
Thence leaving said southerly line and following the southerly line of the East 1/2 of the Northeast 1/4 of
said Section 6,N89°22'S0"W a distance of 2,304.25 feet to a point;
Thence leaving said southerly line,NOC°43'55"W a distance of 111.26 feet to a point;
Thence NOD°20'23"W a distance of 549.25 feet to a point;
Thence N87*3426"W a distance of 13,49 feet to the westerly line of the East 1/2 of the Northeast 1/4 of
said Section F;
Thence following the westerly line of the East 1/2 of the Northeast 1/4 of said Section 6, NOO°02'05"W a
distance of 66.73 feet to a point on the westerly right-of-way line of the Rawson Canal;
Thence leaving said westerly line and following the westerly right-of-way line of said Rawson Canal the
following nine(9)courses:
1. N78°25'55"E a distance of 161.21 feet to a point;
2, N54"5S'20"E a distance of 74.17 feet to a point;
3. N31°51'12"E a distance of 92.01 feet to a point;
4. N10"25'10"E a distance of 381,33 feet to a point;
S. N05°26'52"W a distance of 106.26 feet to a point;
6_ N18'56'20"W a distance of 287.65 feet to a point;
7. N32'08'38"W a distance of 91.83 feet to a point;
B. N61'32'57"W a distance of 104.61 feet to a point;
9. N74'59'05"W a distance of 44.02 feet to a point;
thence leaving said westerly right-of-way line, NOG°02'06"W a distance of 890.79 feet to a point on the
northerly line of the Northeast 1/4 of said Section 6;
Thence following said northerly line,N89°42'21"W a distance of 1,370.00 feet to a 5/8-inch rebar common
to Section 6,Township 2 North Range 1 East,6.M.,and Section 31,Township 3 North Range 1 East,B.M,;
Thence leaving said northerly line and following the westerly line of the Southeast 1/4 of said Section 31,
NOQ'16'52"E a distance of 1,342.44 feet to a 5/8-inch rebar marking the Center-South 1/16 corner of said
Section 31,
Thence N00"16'52"E a distance of 1,342.44 feet to the POINT OF 9EGiNNtNG.
Said parcel contains a total of 366.194 acres,more or less.
Said description contains a total of 409.938 acres,more or less.
n. u� 12459 0
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Page 51
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Item#11.
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Title: Apex Subdivision Date:08-18-2020
Scale; 1 inch= 1000 feet File:200811 Apex Subdivision Legal 20-017
Tract 1: 366.194 Acres: 15951396 5c1 Feet.-Closure=s50.375ge O.02 Feet: Precision>1/999999: Perimctcr= 19597 Feet
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Item#11.
IX. CITYIAGENCY COMMENTS & CONDITIONS
A. PLANNING DIVISION
1. The subject property shall no longer be subject to the terms of the existing Development Agreements
(H-2015-0019: Brighton Investments, LLC- Inst.#2016-007072; SCS Brighton, LLC-Inst. #2016-
007073; Murgoitio Limited Partnership- Inst. #201 b-007074) upon the property owner(s) entering
into a new agreement.The new DA shall be signed by the property owner(s) and returned to the City
within six(6)months of City Council granting the subject modification.The new DA shall include the
following provisions:
a. Future development of this site shall be generally consistent with the conceptual.master
plan,conceptual building elevations,preliminary plat,phasing plan, landscape plan, and
qualified open space exhibits included in Section VIII and the provisions contained
herein.
b. Future preliminary plats shall include collector streets consistent with those shown on the Master
Street Map,as required by Ada County Highway District.
c. The land designated as Medium High-Density Residential(MHDR)on the Future Land Use Map
in the Comprehensive Plan zoned R-15 shall develop with a variety of residential dwellings(i.e.
single-family detached/attach.ed, townhouses,condominiums, and/or apartments)at a gross density
ranging from eight(8) to twelve(12)dwelling units per acre. Development shall incorporate high
quality architectural design and materials and thoughtful site design to ensure quality of place and
shall incorporate connectivity with adjacent uses and area pathways, attractive landscaping and a
project identity consistent with the Comprehensive Plan (see pg. 3-10).
d. Prior to development of the Mixed Use-Community(MU-C)designated areas shown on the
Master Plan as"future development,"the Development Agreement shall be amended to include a
conceptual development plan that demonstrates consistency with the general guidelines for Mixed
Use developments and specifically the MU-C designation(see pgs. 3-13 and 3-15 thru 3-16).
e, The rear and/or side of structures on lots that face E. Lake Hazel Rd, and S. Locust Grove Road,
arterial streets,and S. Vertex Way, E. Tower St., E_Crescendo St., S.Apex Ave. and E. Via
Roberto St.,collector-streets,shall incorporate articulation through changes in two or more of the
following: modulation (e.g.projections,recesses, step-backs,pop-outs), bays,banding, porches,
balconies,material types, or other integrated architectural elements to break up monotonous wall
planes and roof lines that are visible from the subject public street.Single-story structures are
exempt_]i•oin this requirement.
f_ Development within the Williams Pipeline easement shall comply with the Williams Developers'
Handbook.
g. All future development, except for single-family detached dwellings, is required to comply with
the design standards listed in the Architectural Standards Manual.
h, The Murgoitio property(Parcel#S 1406110110)located southwest of the E. Lake Hazel/S. Locust
Grove Road intersection shall be included in a future subdivision of the surrounding property
(Parcel#S 1406110350 or#S 1406110015) in order to establish a legal division of land. Or, if a
parcel division was approved by Ada Comity for the current configuration of the property, proof of
such shall be submitted to the Planning Division with a future subdivision application for the
surrounding property.
i. The lot pf!apased to be atinexed(i.e. Let 4, Block 1, Shafer-View Estates) shall either be splk-ifl
Ada Gatinty prior-to . - .- - ma t4i e City te create the! eastern 1 @*� asr-e parve 1 proposed fe
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Item#11.
j. Multi-use pathways shall be provided with development as required by the Park's Department in
accord with the Pathways Master Plan.
k. The commercial(C-C zoned)portions of this development are allowed to obtain building permits
prior to subdivision of the property.
2. The final plat submitted for Apex Northwest shall incorporate the following:
a. Include a note stating direct lot access via E. Lake Hazel Rd., S. Locust Grove Rd., E. Crescendo
St. and S_Apex Ave. is prohibited,except for those accesses approved by City of Meridian and
Ada County Highway District.
b. The north/south alley in Block 5 does not comply with the standards Iisted in UDC 1 I-5C-3B.5 as
the entire length of the alley is not visible from a public street as required; common driveways
may be considered as an alternative to the alley provided they meet the standards listed in UDC
1 1-5C-31),subject to alternative compliance approval.
c. Depict minimum 24-foot wide street buffers along E. Crescendo St. and S. Apex Ave.,collector
streets, in accord with UDC 11-3B-7C.2.
d. Cross-access easements shall be depicted between all commercial lots in the subdivisions in
accord with UDC 11-3A-3A.2.
3. The final plat submitted for Apex Southeast shall incorporate the following revisions:
a. Include a note stating direct lot access via E. Lake Hazel Rd., S. Locust Grove Rd., E. Tower St. S.
Vertex Way and E. Via Roberto St.is prohibited,except for those accesses approved by City of
Meridian and Ada County Highway District.
b. Depict minimum 20-foot wide street buffers along E.Tower St., S. Vertex Way and E. Via
Roberto St.,collector streets,in accord with UDC l 1-3B-7C,2,
c. Depict two(2) additional minimum 15-foot wide common lots for micro-bath connections to
Discovery Park at the east boundary in Block .14.
d. Cross-access easements shall be depicted between all commercial lots in the subdivisions in
accord with UDC 11-3A-3A.2.
4.. The landscape plan submitted with the final plat application for Apex Northwest shall be revised as
follows:
a. Depict multi-use pathways in accord with the Pathways Master Plan as required by the Park's
Dept. in Section IKE. Landscaping shall be depicted along either side of the pathways as set forth
in UDC 11-3B-12C.
b. Depict landscaping within all required street buffers along arterial and collector streets in accord
with the standards listed in UDC 11-3B-7C.
c. Include a calculations table listing the number of trees required vs. those proposed in common
open space areas, street buffers,parkways, and along pathways that demonstrate compliance with
the standards listed in LTDC 11-3G-3, 11-313-7C.3, 11-3B-12C respectively.
d. Include mitigation information for any existing trees proposed to be removed from the site in
accord with the standards listed in UDC l 1-3B-1 OC.5.
e. If the unimproved right-of-way is 10 feet or greater from the edge of pavement to edge of sidewalk
or property line,the Developer is required to maintain a 10 foot compacted shoulder meeting the
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Item#11.
construction standards of ACHD and landscape the remainder with lawn or other vegetative
ground cover as set forth in UDC I 1-3.B-7C.5. A Iicense agreement for improvements within the
right-of-way is required between the property owner and ACHD.
f. Depict a gazebo with tables and benches as an amenity in Lot 32, Block 5; include a detail of the
gazebo.
5. The landscape plan submitted with the final plat application for Apex Southeast shall be revised as
follows:
a. Depict multi-use pathways in accord with the Pathways Master Plan as required by the Park's
Dept. in Section IX.E. Landscaping shall be depicted along either side of the pathways as set forth
in UDC 11-313-12C.
K Depict landscaping within all required street buffers along arterial and collector streets in accord
with the standards listed in UDC 11-3B-7C.
c. Include a calculations table listing the number of trees required vs. those proposed in common
open space areas, street buffers,parkways,and along pathways that demonstrate compliance with
the standards listed in UDC 11-3G-3, 11-3B-7C.3, 11-313-12C respectively.
d. include mitigation information for any existing trees proposed to be removed from the site in
accord with the standards listed in UDC 11-3B-IOC.5.
e. If the unimproved right-of way is 10 feet or greater from the edge or pavement to edge of sidewalk
or property line,the Developer is required to maintain a 10 foot compacted shoulder meeting the
construction standards of ACHD and landscape the remainder with lawn or other vegetative
ground cover as set forth in UDC l 1-3B-7C.5. A license agreement for improvements within the
right-of-way is required between the property owner and ACHD.
f. Depict two(2)additional minimum 15-foot wide common lots with 5-foot wide micro-paths in
Block 14 at the east boundary; depict landscaping on either side of the pathways in accord with the
standards listed in UDC 1 1-3B-I2C.
g. Depict the children's play equipment proposed in the central common area; include a detail of the
play equipment.
6.. Future development shall be consistent with the 2ninimum dimensional standards listed in UDC Tables
l I-2A-6, 1 1-2A-7 and 11-2B-3 for the R-8, R-15 and C-C zoning districts respectively.
7. Off-street parking is required to be provided for residential uses in accord with the standards listed in
UDC Table 11-3C-6 based on the number of bedrooms per unit; and for non-residential uses in accord
with the standards listed in UDC 11-3C-6B.1.
S, 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 cominon driveways; 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 1 I-6C-3D.
9, Address signage shall be provided at the public street for homes accessed via common driveways for
emergency way-finding purposes.
10. A perpetual ingress/egress easement shall be filed with the Ada County Recorder for the common
driveways,which shall include a requirement for maintenance of a paved surface capable of
supporting fire vehicles and equipment as set forth in UDC 11-6C-3D.8. A copy of said easement shall
be submitted to the Planning Division with the final plat for City Engineer signature,or.this
information may be included in a note on the face of the plat.
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Item#11.
t 1. A 14-foot wide public pedestrian easement shall be submitted to the Planning Division for the l0 foot
wide multi-use pathways proposed within the site that are not located within right-of-way, prior to
signature on the final plat by the City Engineer for the phase in which they are located.
12. A Certificate of Zoning Compliance and Design Review application is required to be submitted and
approved prior to submittal of any building permit applications for the swimming pool facility in the
residential portion of the development; and for all.non-residential/commercial uses and structures. A
Design Review application is required to be submitted for single-family attached units;one application
can be submitted for the overall development if desired.
13. The qualified open space e*hihits for the FCsidentialiNr zoned portions of ApeN NOFthWeSt and
Apex Southeast shall he revised pr-ier to the Connei ff4p depiet tir-eas that qualify per-
the st&Fid&Fds imsted ki UDG 11 3G 39.if odd:fiana' qualified i needed,the Plat
B, PUBLIC WORKS
1. Site Specific Conditions of Approval
1.1 The north-south sewer line in the landscaped area of Block 5 (Apex NW)needs to be moved east to
the paved access road,
1.2 No sewer or water lines have been shown to the lots in Block 7 (Apex NW), Each lot will need to
have services provided.
1.3 Public Work's preference is to see all water utilities in the public right-of-way (R-D-W),where they
can easily be operated and maintained. If the utilities truly cannot be installed in the public right-of-
way,then our preference would be for utilities to be located in a dedicated and improved alley. If that
cannot be accomplished,the applicant should work with Public Works for further solutions that meet
both the developer's design constraints and Public Worlcs'inaintenance needs.
t.4 This development will need to be modeled at final plat to verify each phase meets minimum fire flow
pressures
1.5 From the preliminary geotechnical investigation of groundwater elevation provided in the application,
it appears that groundwater may not be a factor with the development of this subdivision. The initial
investigative report is dated April S, 21018, and additional data collection is recommended to confirm
actual groundwater levels. Updated data and recommendations from a geoiechnical professional shall
be required with the submittal of construction design drawings.
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 farms 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-f"eet wide for a single
utility, or 30-feet wide for two. The easements shall not he dedicated via the plat,but rather dedicated
outside the plat process using the City of Meridian's standard forms. The easement shall be graphically
depicted on the plat for reference purposes. Submit an executed easement(on the form available from
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Item#11.
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 11."map with bearings
and.distances(marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a
Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document.
All easements must be submitted,reviewed,and approved prior to development plan approval.
2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of
water(MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for
the primary source. If a surface or well source is not available,a single-point connection to the
culinary water system shall be required. If a single-point connection is utilized,the developer will be
responsible for the payment of assessments for the common areas prior to prior to receiving
development plan approval.
2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by
the City Engineer. Any structures that are allowed to remain shall be subject to evaluation and
possible reassignment of street addressing to be in compliance with MCC.
2.6 All irrigation ditches,canals, laterals,or drains,exclusive of natural waterways, intersecting, crossing
or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC I 1-3A-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 t208)334-2190.
2.8 Any existing septic systems within this prqjcct 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 for the residential portions of the development.
2.]0 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 pL-rformance surety for such
improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 1 I-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 Penritting that
may be required by the Army Corps of Engineers.
2.15 Developer shall coordinate mailbox locations with the Meridian Post Office.
2.16 All grading of the site shall be performed in conformance with MCC I 1-12-3H.
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Item#11.
217 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.
2.23The 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 forn 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
Northwest:
htUrs:llnfebliii .orer-isliaircit,.orzlWebLinkJDocView.gWx?id=189722&dbirl=0&repo=MeridiynCi1y&cr=1
Southeast:
hgpr:llweblink.meridianeih,.wg1WebLink1Qoe View.Wx?id 189784&dhid=0&repo=AIeridianCit1'
D. POLICE DEPARTMENT
hiULv:lAveblitik.iiieridicincitip.ot-L7lWebLinkIDoc View.g&_Y?id=190778&dbid=U&repo=Mer-idiynQtk
E. PARK's DEPARTMENT
Northeast:
htWs:11weblink.naeridiancity.or lWebLinklDocView.aspx?id=191486&dbid=0&repo=Meridian City
Southeast:
https:11web1ink ineridiuncih'.oiy1WehLink1QocrView.aspa_?id=191487&dbid=0&repo=MericlianCUL,
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Item#11.
F. WEST ADA SCHOOL DISTRICT(WASD)
https:Ilweblinkmeridiancity.ory—MebLinklDvc View.aspx?id=190290&dhid=O&repo=MeridianCiq
G. COMMUNITY PLANNING ASSOCIATION OF SOUTHWEST II)AHO(COMPASS)
Northwest:
htlps:lltiveblirzk.r11er-idiancily.oMlWebLinklDoeView.aW.r?id=190975&dbid=0&repo=MeridianCity
Southeast:
httus:11weblink.meridiancim orglWebLinklDoc View._aspx_?id=190977&dbid=0&rgpo=MeridianCi0,
H. ADA COUNTY HIGH WAY DISTRICT(ACHD)
AZ/RZ:
https:Ilweblink.meridiancity.or MebLinklDoc View.aspx?id=191226&dbid=0&repo=MeridianCity
Northwest:
hq s:llweblink.meridianeimoMlWebLinklDocView,aspx?id=192784&clbid=0&repo=Meridiancit
Southeast:
htWs:lltiveblink.rner-idiarzcity.or glWebLifiklDoeVieKy.aspx?id=192785&dbid=0&repo=Meridian City
I. BOISE PROJECT BOARD OF CONTROL(BPBC)
https:llweblink meridianc•ity.orglWeb.LinklDocView.aspx?id=189951&dbid=0&1-Cpo=Meridian City
J. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID)
Northwest:
htWs:11%veblink.nteridiancihy.otglWebLinklDoe View.aspx?id=190512&c1bid=O&repo=Meridiancy
Southeast.
https:llweblink.meridiarzc'it p.or glWebLinklDocVieKf.aspx?id=190510&dbid=0&repo=MeridianCity
K. CENTRAL DISTRICT HEALTH DEPARTMENT
Northwest:
htWs:llweblink.meridiancltyl.otglWebLinklDoc View.aspx?id=190604&dbid=0&repo=Meridian City-
Southeast:
htlps:l/K,eblirak.mericliatrcih orglWebLinklDoeView.aspx?id=190605&dbid=0&repo=MeridianCitx
L. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ)
haps:llweblink.nzeridiancity.orglWebLinklDoc View.aspx?id=190598&dbid=0&repo=MeridianCity
X. FINDINGS
A. Annexation and/or Rezone(UDC 11-5B-3E)
Required Findings: Upon recommendation from the commission,the council shall make a full
investigation and shall,at the public hearing,review the application. In order to grant an annexation and/or
rezone,the council shall make the following findings:
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Item#11.
1. The map amendment complies with the applicable provisions of the comprehensive plan;
The Citi,Council finds the proposed zoning map amendment to RJR-8, R-15& C-C and proposed
development is generally consistent ivith the Comprehensive Plan i f the Applicant complies with the
provisions in Section IX.
2. The map amendment complies with the regulations outlined for the proposed district, specifically the
purpose statement;
The Cite Council finds the proposed single-family allached and detached homes with front-loaded and
alley-loaded options will contribute to the range of'housing opportunities in the City; other residential
tvpes may be provided i ith f eture phases o/'developmenl.
The City Council finds the commercial portion o/'the proper67 will provide,for the retail and servk•c
needs of the communio,in accord with the Comprehensive Plan.
3. The map amendment shall not be materially detrimental to the public.health, safety,and welfare;
Die City Council_inds the proposed zoning map amendment.should not he detrimental to the public
health, safety and ivelfare.
4.. The map amendment shall not result in an adverse impact upon the delivery of services by any
political subdivision providing public services within the city including, but not limited to, school
districts; and
The On, Council finds the proposed zoning Wrap amendment will not result in an adverse impact on
the delivery of services by anti political subdivision providing public•services within the Citv.
5. The annexation(as applicable)is in the best interest of city.
. Not applicable
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 fallowing findings:
1. The plat is in conformance with the Comprehensive Plan;
The Cih, Council finds that the proposed preliminary plats, with recommended conditions, are in
substantial compliance with the adopted Comprehensive Plan in regard to land use, density,
transportation, and pedestrian connectivityl. (Please see Comprehensive Plan Policies in, Section V ql
this report.for more information.)
P. Public services are available or can be made available and are adequate to accommodate the
proposed development;
The Cite Council finds that public.se114ces will be provided to the subject properties proposed to be
subdivided with development. (See Section IX of the Staff Report far more details ftnrrr public service
providers.)
3. The plat is in conformance with scheduled public improvements in accord with the City's capital
improvement program;
Because Citv water and server and any other utilities will be provided by the development at their own
cost, the Cite Council finds that the subdivision will not require the expenditure of capital improvement
fiends.
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Item#11.
4. There is public financial capability of supporting services for the proposed development;
The City Council f nds there is public,financial capability of supporting sen4ces for the proposed
development based upon commenis,f-o►n the public service providers (i.e., Police, Fire, A CHI}, etc.).
(See Section Nfor more igfo►mation_)
a. The development will not be detrimental to the public health, safety or general welfare; and.
The City, Council is not aware of am health. safe(},, or enVir-orzmental problems associated with the
platting of this property. ACHE considers road safety issues in their-arrcalksis.
6. The development preserves significant natural,scenic or historic features.
The City Council is unaware ofanr significant natural, scenic or historic,fealures that exist on this site
that require preserving.
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