Goddard Creek Community (H-2020-0092) Development Agreement 2021-014149 ADA COUNTY RECORDER Phil McGrane 2021-014149
BOISE IDAHO Pgs=43 KRISTINA LOWRY 01/27/2021 10:29 AM
CITY OF MERIDIAN, IDAHO NO FEE
DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. SI Construction LLC, Owner/Developer
THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into
this 26th day of January , 2021, by and between City of Meridian, a, municipal
corporation of the State of Idaho, hereafter called CITY whose address is 33 E. Broadway Avenue,
Meridian,Idaho 83642 and SI Construction LLC whose address is 1016 W. Sanetta Street,Nampa;
ID 83 65 1, hereinafter called OVJNER/DEVELOPER.
I. RECITALS:
1.1 WHEREAS,Owner is the sole owner,in law and/or equity,of certain tract of
land in the County of Ada, State of Idaho, described in Exhibit"A",which is
attached hereto and by this reference incorporated herein as if set forth in full,
herein after referred to as the Property; and
1.2 WHEREAS,Idaho Code § 67-6511A provides than cities may,by ordinance;
require or permit as a condition of zoning that the Owner and/or Developer
make a written commitment concerning the use or development of the subject
Property; and
1.3 WHEREAS, City has exercised its statutory authority by the enactment of
Section 11-513-3 of the Unified Development Code ("UDC"), which.
authorizes development agreements upon the annexation and/or re-zoning of
land.; and
1.4 WHEREAS, Owner/Developer have submitted an application for a ..
Modification of a Development Agreement to remove the property listed in
Exhibit "A" from the existing Development Agreement(Inst. #103012598)
and a rezone of 5.03 acres of land from a R-4 (medium low density
residential)zoning district to R-1.5(medium high residential)zoning district of
the property listed in Exhibit "A", attached hereto, under the Unified
Development Code, which ;generally describes how the Property will be
developed and what improvements will be made; and
1.5 WHEREAS, Owner/Developer made representations at the public hearings
before Planning and.Zoning Commission and the Meridian City Council,as to
how the Property will be developed and what improvements will be made;and
DEVELOPMENT AGREEMENT-GODDARD CREED.COMMt NTTY(H-2020-0092) PAGE 1 OF 8
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1.6 WHEREAS,the record of the proceedings for requested rezoning held before
Planning and Zoning Commission and 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 22nd day of December, 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 property listed in Exhibit"A" shall no longer be subject to
the terms of the existing Development Agreements (Inst. #103012598) and
shall be bound by the terms contained herein in this new agreement.
1.11 WHEREAS,City requires the Owner/Developer to enter into a development
agreement for the purpose of ensuring that the Property is developed and the
subsequent use of the Property is in accordance with the terms and conditions
of this Agreement,herein being established as a result of evidence received by
the City in the proceedings for zoning designation from government
subdivisions providing services within the planning jurisdiction and from
affected property owners and to ensure zoning designation are in accordance
with the amended Comprehensive Plan of the City of Meridian on December
19, 2019, Resolution No. 19-2179, and the UDC, Title 11.
NOW, THEREFORE, in consideration of the covenants and conditions set forth
herein,the parties agree as follows:
2. INCORPORATION OF RECITALS: That the above recitals are contractual and
binding and are incorporated herein as if set forth in full.
3. DEFINITIONS: For all purposes of this Agreement the following words,terms,and
phrases herein contained in this section shall be defined and interpreted as herein provided for,unless
the clear context of the presentation of the same requires otherwise:
3.1 CITY: means and refers to the City of Meridian, a party to this Agreement,
which is a municipal Corporation and government subdivision of the state of
Idaho, organized and existing by virtue of law of the State of Idaho, whose
address is 33 East Broadway Avenue, Meridian,Idaho 83642.
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3.2 OWNER/DEVELOPOER: means and refers to SI Construction LLC,
whose address is 1016 W. Sanetta Street,Nampa,ID 83651 hereinafter called
OWNER/DEVELOPER,the party that owns and is developing said Property
and shall include any subsequent owner(s)and/or developer(s)ofthe 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 annexed and bound by this Development Agreement and attached hereto
and by this reference incorporated herein as if set forth at length.
4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right
to develop the Property in accordance with the terms and conditions of this Agreement.
4.1 The uses allowed pursuant to this Agreement are only those uses allowed
under the UDC.
4.2 No change in the uses specified in this Agreement shall be allowed without
modification of this Agreement.
5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY:
5.1. Owners/Developer shall develop the Property in accordance with the following
special conditions:
a. Future development of this site shall comply with the preliminary plat,landscape plan,
and conceptual building elevations(single-story)included in Section VII of the Staff
Report attached to the Findings of Fact and Conclusions of Law attached hereto as
exhibit`B". and the provisions contained herein.
b. The Applicant shall widen W. Apgar Creek Lane(the existing private street abutting
the subject site)by eight(8)feet in order to accommodate on-street parking along the
southern side of the street as shown in the proposed preliminary plat(Exhibit VILB of
the Staff Report attached to the Findings of Fact and Conclusions of Law attached
hereto as exhibit`B").
c. Any area of the plat where pedestrians need to cross the private street for added
pedestrian connectivity shall be constructed with pavers,stamped concrete,or similar
in order to clearly delineate the pedestrian pathways from the driving lane; this
includes the proposed pedestrian connection that runs next to the southwest common
drive (Lot 12)that connects to W. McMillan Road.
d. The proposed development shall be an age-restricted (55 years of age and older)
development as proposed by the Applicant.
e. Each common drive shall be limited to providing access to no more than three (3)
dwelling units.
6. COMPLIANCE PERIOD This Agreement must be fully executed within six (6)
months after the date of the Findings for the annexation and zoning or it is null and void.
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7. DEFAULT/CONSENT TO DE-ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
7.1 Acts of Default. Either party's failure to faithfully comply with all of the
terms and conditions included in this Agreement shall constitute default under
this Agreement.
7.2 Notice and Cure Period. In the event of Owner/Developer's default of this
Agreement, Owners/Developer shall have thirty (30) days from receipt of
written notice from City to initiate commencement of action to correct the
breach and cure the default, which action must be prosecuted with diligence
and completed within one hundred eighty(180)days;provided,however,that
in the case of any such default that cannot with diligence be cured within such
one hundred eighty (180) day period, then the time allowed to cure such
failure may be extended for such period as may be necessary to complete the
curing of the same with diligence and continuity.
7.3 Remedies. In the event of default by Owner/Developer that is not cured after
notice as described in Section 7.2, Owner/Developer shall be deemed to have
consented to modification of this Agreement and de-annexation and reversal
of the zoning designations described herein, solely against the offending
portion of Property and upon City's compliance with all applicable laws,
ordinances and rules, including any applicable provisions of Idaho Code §§
67-6509 and 67-6511. Owner/Developer reserve all rights to contest whether
a default has occurred. This Agreement shall be enforceable in the Fourth
Judicial District Court in Ada County by either City or Owner and/or
Developer, or by any successor or successors in title or by the assigns of the
parties hereto. Enforcement may be sought by an appropriate action at law or
in equity to secure the specific performance of the covenants, agreements,
conditions, and obligations contained herein.
7.4 Delay. In the event the performance of any covenant to be performed
hereunder by either Owner/Developer or City is delayed for causes that are
beyond the reasonable control of the party responsible for such performance,
which shall include, without limitation, acts of civil disobedience, strikes or
similar causes,the time for such performance shall be extended by the amount
of time of such delay.
7.5 Waiver. A waiver by City of any default by Owner/Developer of any one or
more of the covenants or conditions hereof shall apply solely to the default and
defaults waived and shall neither bar any other rights or remedies of City nor
apply to any subsequent default of any such or other covenants and conditions.
8. INSPECTION: Owner/Developer shall, immediately upon completion of any
portion or the entirety of said development of the Property as required by this Agreement or by City
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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.
11. SURETY OF PERFORMANCE: The City may also require surety bonds,
irrevocable letters of credit,cash deposits,certified check or negotiable bonds, as allowed under the
UDC, to insure the installation of required improvements, which the Owner/Developer agree to
provide, if required by the City.
12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued
in any phase in which the improvements have not been installed,completed,and accepted by the City,
or sufficient surety of performance is provided by Owner/Developer to the City in accordance with
Paragraph 11 above.
13. ABIDE BY ALL CITY ORDINANCES: That 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:
SI Construction LLC
1016 W. Sanetta Street
Nampa, ID 83651
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.
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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 parry so failing to perform.
17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure
to the benefit of the parties' respective heirs, successors, assigns and personal representatives,
including City's corporate authorities and their successors in office. This Agreement shall be binding
on the Owner/Developer, each subsequent owner and any other person acquiring an interest in the
Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions
thereof,except that any sale or alienation shall be subject to the provisions hereof and any successor
owner or owners shall be both benefited and bound by the conditions and restrictions herein
expressed. City agrees, upon written request of Owner/Developer, to execute appropriate and
recordable evidence of termination of this Agreement if City,in its sole and reasonable discretion,had
determined that Owner/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 parry
shall act reasonably in giving any consent,approval,or taking any other action under this Agreement.
20. COOPERATION OF THE PARTIES: In the event of any legal or equitable action
or other proceeding instituted by any third party (including a governmental entity or official)
challenging the validity of any provision in this Agreement, the parties agree to cooperate in
defending such action or proceeding.
21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements,
agreements,condition and understandings between Owner/Developer and City relative to the subject
matter hereof, and there are no promises, agreements, conditions or understanding, either oral or
written, express or implied, between Owner/Developer and City, other than as are stated herein.
Except as herein otherwise provided,no subsequent alteration,amendment,change or addition to this
Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or
their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted
ordinance or resolution of City.
21.1 No condition governing the uses and/or conditions governing re-zoning of the subject
Property herein provided for can be modified or amended without the approval of the
City Council after the City has conducted public hearing(s) in accordance with the
DEVELOPMENT AGREEMENT-GODDARD CREEK COMMUNITY(H-2020-0092) PAGE 6 OF 8
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notice provisions provided for a zoning designation and/or amendment in force at the
time of the proposed amendment.
22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the
date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in
connection with the annexation and zoning of the Property and execution of the Mayor and City
Clerk.
[end of text; signatures, acknowledgements, and Exhibits A and B follow]
ACKNOWLEDGMENTS
IN WITNESS WHEREOF,the parties have herein executed this agreement and made
it effective as hereinabove provided.
OWNERS/DEVELOPER:
SI Construction LLC
:T4 7By: � Ste,ril r f"
Its: Af ( �
CITY OF MERIDIAN ATTEST:
By:
Mayor Robert E. Simison 1-26-2021 Chris Johnson, City Clerk 1-26-2021
DEVELOPMENT AGREEMENT—GODDARD CREEK COMMUNITY(H-2020-0092) PAGE 7 OF 8
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STATE OF IDAHO )
: ss:
County of Ada )
On this I,)tk day of .j 6L n c,La-,-�-j ,2021,before me,the undersigned,allotary Public in
and for said State,personally appeared known or identified tome to be
the SI Construction LLC and the person who signed above and acknowledged tome
that he executed the same on behalf of said Company.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day
and year in this certificate first above written.
E:
THERESA� A_ p_E RSE52695 N
NOTARY PUBLIC Notary Public for � �
STATE OF IDAHO Residing at: Ce-vvi Cr n7 -t
My Commission Ex ires: '-7 /to - �
STATE OF IDAHO )
ss
County of Ada )
On this 26th day of January , 2021, before me, a Notary Public, personally
appeared Robert E. Simison and Chris Johnson, known or identified to me to be the Mayor and
Clerk,respectively,of the City of Meridian,who executed the instrument or the person that executed
the instrument of behalf of said City, and acknowledged to me that such City executed the same.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day
and year in this certificate first above written.
(SEAL) Notary Public for Idaho
Residing at: Meridian, Idaho
Commission expires: 3-28-2022
DEVELOPMENT AGREEMENT—GODDARD CREEK COMMUNITY(H-2020-0092) PAGE 8 OF 8
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Exhibit A
Rezone Legal Description and Exhibit Map
RE-ZONE DESCRIPTION FOR
R15 ZONE
GODDARD CREEK TOWNHOUSE SUBDIVISION
Lot 2, Block 1 of Goddard Creek Subdivision as filed in Book 114 of Plats at
Pages 17060 through 17062 and a portion of the SE 114 of the SW 114 of Section 26,
T.4N., RAW., B.M., Meridian,Ada County, Idaho more particularly described as
follows
BEGINNING at the NW corner of said Lot 2;
thence along the along the North boundary line of said Lot 2 South 88°58'36"
East,476.28 feet to the NE corner of said Lot 2;
thence along the easterly boundary line of said Lot 2 the following 5 courses
and distances:
thence South 00°31'17"West, 107.36 feet;
thence 7.85 feet along the arc of a non-tangent curve to the right, said curve
having a radius of 30.00 feet, a central angle of 14°59'49"and a long chord which
bears South 08°06'33"West,7,83 feet;
thence South 15°36'33"West, 96.54 feet;
thence 131.94 feet along the arc of a non-tangent curve to the left,said curve
having a radius of 252 00 feet,a central angle of 29°59'51"and a long chord which
bears South 00°36'25"West, 130.43 feet;
thence South 14°23'27"East,58.02 feet;
thence continuing along the easterly boundary line of said Lot 2 and the
southerly extension thereof South 00°37'38"West,78.37 feet to a point on the South
boundary line of said Section 26;
thence along said South boundary line North 88°58'46"West,468.83 feet;
thence leaving said South Boundary line and along the West boundary line of
said Lot 2 and the southerly extension thereof North 01'01'14"East,473.31 feet to the
POINT OF BEGINNING. Containing 5.03 acres, more or less.
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Goddard Creek Community H-2020-0092 page 1
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CURVE RADIUS LENGTH CHORD DIST. CHORD BRG. DELTA
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JOB NO.
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9955I
W.EMSRALDST_ R15�-REZONE DESCRIPTION SHEET NO.
SURVEY B0:9E
Goal saDAHODAH08370d GODDARD CREEK TOWNHOUSE SUBDIVISION
GROUP, LLC LOCATED IN THE SE 1/4 OF THE SW 1/4 OF SECTION 28.T.4N.,RAW.,B.N., DWG.DATE
MERIDIAN,ADA COUNTY.IDAHO 5/13/2019
Page 2
Page 210
EXHIBIT B
Item#10.
CITY OF MERIDIAN
FINDINGS OF FACT,CONCLUSIONS OF LAW � E AND DECISION DECISION & ORDER
In the Matter of the Request for Modification to the recorded Development Agreement(Inst.
#103012598)to allow the development of age-restricted,single family attached homes instead of
offices; Rezone of 5.03 acres of land from the R-4 to the R-15 zoning district; and Preliminary Plat
consisting of 34 residential building lots and 8 common lots on 4.62 in the proposed R-15 zone, by
Conger Group.
Case No(s). H-2020-0092
For the City Council Hearing Date of: December 15,2020(Findings on December 22,2020)
A. Findings of Fact
l. Hearing Facts(see attached Staff Report for the hearing date of December 15,2020,incorporated
by reference)
2. Process Facts(see attached Staff Report for the hearing date of December 15,2020,incorporated
by reference)
3. Application and Property Facts(see attached Staff Report for the hearing date of December 15,
2020, incorporated by reference)
4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing
date of December 15,20-0, 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 I975,"codified at Chapter 65,Title 67, Idaho Code(1.C. §67-6503).
2. The Meridian City Council takes judicial notice of its Unified Development Code codified as
Title 1 I Meridian City Code.and all current zoning maps thereof. The City of Meridian has,by
ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian,
which was adopted December 17,201.9, Resolution No. 19 2179 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 1 I-5A.
4. Due consideration has been given to the comment(s)received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not impose
expense upon the public -if the attached conditions of approval are imposed.
6, That the City has granted an order of approval in accordance with this Decision, which shall be
signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant,the
Community Development Department,the Public Works Department and any affected party
requesting notice.
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(Goddard Creek Subdivision-FILE#H-2020-0092) - I - Page 211
Item#10.
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of December 15,2020,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 Rezone,Development Agreement Modification,and Preliminary
Plat is hereby approved per the conditions of approval in the Staff Report for the hearing date
of December 15,2020,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 l 1-6B-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-7H).
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11-6B-7.A,the Director may authorize a single extension of time to obtain the City
Engineer's signature on the final plat not to exceed two(2)years. Additional time extensions up
to two(2)years as determined and approved by the City Council may be granted. With all
extensions,the Director or City Council may require the preliminary plat,combined
preliminary and final plat or short plat to comply with the current provisions of Meridian City
Code Title 11. If the above timetable is not met and the applicant does not receive a time
extension,the property shall be required to go through the platting procedure again(UDC 11-
6B-7C).
Notice of Conditional Use Permit Duration
Please take notice that the conditional use permit,when granted, shall be valid for a maximum
period of two(2)years unless otherwise approved by the City.During this time,the applicant
shall commence the use as permitted in accord with the conditions of approval, satisfy the
requirements set forth in the conditions of approval, and acquire building permits and
commence construction of permanent footings or structures on or in the ground. For
conditional use permits that also require platting,the final plat must be signed by the City
Engineer within this two(2)year period.
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11-513-6.G.1,the Director may authorize a single extension of the time to commence the
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(Goddard Creek Subdivision—FILE#H-2020-0092) -2-
Page 212
Item#10.
use not to exceed one(1)two(2)year period. Additional time extensions up to two(2)years as
determined and approved by the City Council may be granted. With all extensions,the Director
or City Council may require the conditional use comply with the current provisions of Meridian
City Code Title 11(UDC 11-5B-6F).
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.
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. 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 December 15,2020
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(Goddard Creek Subdivision—FILE#H-2020-0092) -3- Page 213
Item#7.
By action of the City Council at its regular meeting held on the 22nd day of December
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: 12-22-2020
City Clerk's Office
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(Goddard Creek Subdivision—FILE#H-2020-0092) -4- Page 116
Item#10.
Exhibit A
STAFF REPORT E IDIAN:---
COMMUNITY DEVELOPMENT DEPARTMENT
HEARING December 15,2020 Legend _
DATE:
01!Project Location }{
TO: Mayor&City Council - _FROM: Joseph Dodson,Current Associate
Planner
.. k'.'.' F. e... . .
SUBJECT: H-2020-0092 �T
Goddard Creek Community 1 C
LOCATION: Northwest corner of W.McMillan Rd.
and N. Goddard Creek Way. - r
i.
I. PROJECT DESCRIPTION
• Modification to the recorded Development Agreement(Inst. #103012598)to allow the
development of age-restricted, single family attached homes instead of offices;
• Rezone of 5.03 acres of land from the R-4 to the R-15 zoning district;
• Preliminary Plat consisting of 34 residential building lots and 8 common lots on 4.62 in the
proposed R-15 zone;
• Private Streets to provide access to the development; and,
■ Alternative Compliance to allow common driveways off of a private street.
Pagel
Page 215
Item#10.
II. SUMMARY OF REPORT
A. Project Summary
Description Details Page
Acreage 4.62
Future Land Use Designation MU-C
Existing Land Use vacant
Proposed Land Use(s) Single-family residential,duplex
Current Zoning R4
Proposed Zoning R-15
Lots(#and type;bldglcommon) 34 SFR building/$common
Number of Residential Units(type 34(SF attached units)
of units)
Density(gross&net) 7.36 units/acre(gross);9.09(net)
Open Space(acres,total [%]1 0.56 acres, 12.12%(according to the submitted Open Space
buffer 1 qualified) Exhibit).
Amenities One(1)qualified amenity-Covered picnic shelter
Physical Features(waterways, None
hazards, flood plain,hillside)
Neighborhood meeting date:#of July 30,2020', 8 attendees
attendees:
History(previous approvals) This property was granted annexation,preliminary plat,and a
conditional use permit as part of the Lochsa Falls Subdivision
in 2002(AZ-02-010,PP-02-009.CUP 02-012)and has a
development agreement(Instrument 9103012598).These
approvals granted officc uses in the R-4 district.
In 2017,the property received CPAM approval from Office
and High Density Residential to Mixed-use Community. A PP
and FP were also approved.A concurrent RZ,CUP and MDA
was proposed to develop the property with 76 multi-family
units however,that request was withdrawn. A PP and FP were
also approved(H-2017-0007 and H-2018-0014)to develop
the self-storage portion of the development. In 2019 an
application for 44 attached townhome style single-family
units was denied by City Council(H-2019-0068).This
application differs from the previous development in that
it has 14 fewer units and proposes all age-restricted
attached units(duplexes).
Written Testimony
B. Community Metrics
Description Details Page
Ada County Highway
District
• Staff report N'es
(yeslno)
■ Requires ACHD No
Commission
Action(yes,/no)
West Ada School No Comments were submitted by West Ada School District-this is
District likely due to project being proposed as an age-restricted development.
- Page 2
Page 216
Item#10.
Wastewater
Distance to Sewer Services NIA
Sewer Shed White Drain Trunkshed
Estimated Project Sewer ERU's See application
WRRF Declining Balance 13.97
Project Consistent with W W Yes
Master Plan/Facility Plan
Additional Comments •Flow is committed
•See"WW comments"pelf markup for items that need to
be addressed,
Water
Distance to Water Services Q'
Pressure Zone 2
Estimated Project Water ERU's See application
Water Quality Concerns None
Project Consistent with Water Yes
Master Plan
Impacts/Concerns •See the attached Water Main Markup for details.
•No water main in the shared driveway at the southeast,
water services only
• Instead of connecting the water main to the southern stub,
extend the water main south directly to McMillan to
eliminate unnecessary parallel water main.The existing
stub will either need to be abandoned or end in a hydrant.
• Loop the two deadend water mains near the north
boundary line and connect to existing water main in
Selway Rapids Ln to create a secondary connection and
climiate two deadend mains. An easement will need to be
obtained from Selway Apartments in order to connect of
10 the water main in Selway Rapids Id
C. Project Area Maps
Future Land.Use Map Aerial Map
Legend �--47 [� Legend
721'Projeci Location it r Project Location
Medis;m Density
Residential ]
LLIU
--
High Density
Residential
Commercial
F
Low Density l
Residential _
Page 3
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Item#10.
zon][1119 map Planned Development
Legend {] Legend
hProject Location ! „y�, IProject Location - ■,•.
C G i City Limits i..
R-8 R 8
— Planned Parcels
L-0 _�
R-a
C-G L-O C-C L-O C-G, ,
RUT—_
,, e i •I •,aC
C-N R-$ i _-
R.g L-OZe
L-O RUT R-4 -..
R-2 R A - 1 I.
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14 R�� t i .� T Ti
III. APPLICANT INFORMATION
A. Owner:
Steve Schmidt— 1016 W. Sanetta Street,Nampa, ID 83651
B. Applicant Representative:
Sophia Durham, Conger Group—4824 W.Fairview Avenue,Boise,ID 83706
IV. NOTICING
Planning&Zoning City Council
Pos Date Posting Date
Newspaper Notification 10/16/2020 11/27/2020
Radius notification mailed to
properties within 300 feet 10/13/2020 11/23/2020
Public hearing notice sign posted
1 Q1251242Q 1 21412 0 2 0
on site
Nextdoor posting 10/13/2020 11/23/2020
V. STAFF ANALYSIS
Comprehensive Plan:
The subject property is designated MU-C on the future land use map. The purpose of this designation
is to allocate areas where community-serving uses and dwellings are seamlessly 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 have a
tendency to be larger than in Mixed Use-Neighborhood areas,but not as large as in Mixed Use—
Regional 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 three or four miles).Employment opportunities for
those Iiving in and around the neighborhood are encouraged.
Page 4 —
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Item#10.
When the FLUM was changed in 20I 7, staff had analyzed the viability of three different land uses on
the subject property. At the time of the FLUM change,the plan consisted of multi-family and a self-
service storage facility. In determining the appropriateness of the land use change staff determined
that other commercial and office uses approved next to the storage and multi-family development
would serve as the third land use type to support the requested FLUM change. Prior to City CounciI's
action on the previous development,the applicant of the multi-family project withdrew their CUP
application.Therefore,the subject 4.62 acre parcel is still governed by the original development
agreement which allows office to develop on the property.
The applicant now desires to develop the site with 34 age-restricted(55 years of age and older)
single-family attached and units in the form of duplexes. Staff has evaluated the existing land uses
and zoning in the area to determine if this stand-alone residential project is attainable.This area is
primarily developed with single-family homes with the exception of the apartment complex to the
north. To the west of the adjacent storage facility and at the nearby intersection of Ten Mile and
McMillan,more commercial uses are currently being built including restaurants and a gas station. In
addition this age-restricted product would be an additional option for this demographic as the large
commercial parcel to the west is entitled for an age-restricted multi-family development(they have
applied for building pen-nits at the time of writing). Because the applicant is proposing to provide
housing diversity in the area and other land uses are nearby the development, staff believes the plan is
consistent with the MU-C designation. The project also falls within the target density of 6 to 15
dwelling touts per acre as the proposed gross density is 7.36 dwelling units to the acre.
COMPREHENSWE PLAN POLICIES.- Staff finds the following Comprehensive Plan policies to be
applicable to this application and apply to the proposed use of this property{staff analysis in italics};
• "Avoid the concentration of any one housing type or lot size in any geographical area;
provide for diverse housing types throughout the City."(2.0.1.01 G)
The proposed development will contrihute to the variety of residential categories that
currently exist in this area (i.e. duplexes). Staff is unaware i?f hoK, "affordable"the units itill
be.
• "Encourage development of universally accessible home designs within new developments
and home retrofits,allowing residents to age in place and creating full accessibility for all
residents of varying levels of physical ability."(2.01,01 E)
The subject development is proposed as an age-restricted corrrrrntnity and part of that.should
be the ability for residents to age in place. Staff is unaware of the accessibility of these homes
for residents with barriers to phvsically access these units. Staff therefore recommends that
the Applicant clarify this for Staff and if no omits are ADA accessible, Staffrecomniends that
a certain number oJ'the units should be constructed as such.
■ "With new subdivision plats,require the design and construction of pathways connections,
easy pedestrian and bicycle access to parks, safe routes to schools, and the incorporation of
usable open space with quality amenities." (2.02.01A)
77re subject proper7y is under 5 acres in size and the UDC does not require that the applicant
provide common open space. To ensure the project ofj rs some open spacefor its intended
residents, the applicant is proposing to provide approximately 12 percent common open
space far the development and include a covered picnic area as the amenim Staf f:firtcls that
the open space and amenity leaves something to be desired and is not particularly exciting
but with the intended demographic,far the development, large.swaths of open space is not
needed. The residents would have ample access to sidewalks should they desire to go for
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Item#10.
longer walks through the proposed common lots. Staff finds that the proposed open space and
amenity)can provide adequate area,for the target demographic.
• "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)
Development exists adjacent to the subject site in all directions with Chy services readily
available in McMillan Road..Public Works has commitledflow to the property!and all levels
of set-vice are available and adequate to serve the site(i.e. Fire and Police).
• "Reduce the number of existing access points onto arterial streets by using methods such as
cross-access agreements, access management, and frontagelbackage roads, and promoting
local and collector street connectivity."(6.01.02B)
The UDC(I1-3A-3) restricts access to arterial streets when access is availahlefrolrn a local
street. Access to and from the development is provided along the north houndary vier a
private street(W.Apgar Creek Lane). Access is not proposed to McMillan Road.
REZONE
The applicant requests to rezone 5.03 acres of land from the R-4 zone to the R-15 zone consistent
with the M U-C FLUM designation.
DEVELOPMENT AGREEMENT MODIFICATION
The applicant is requesting to modify the recorded Development Agreement(Iust.#103012598)
to development the site with 34 single-family attached homes (duplexes)instead of offices.The
applicant is requesting to exclude the subject property from the boundary recorded DA and enter
into a new one that governs this site specifically. Staffs recommended DA provisions are
included.in Exhibit VII1 below.
PRELUM NARY PLAT
The proposed preliminary plat consists of 34 building lots and 8.common lots on 4.62 acres in the
proposed.R-15 zone.
Dimensional Standards (UDC LLg:
The proposed plat and subsequent development is required to comply with the minimum
dimensional standards listed in UDC Tables 11-2A-7 for the R-15 zoning district. The proposed
plat complies with these standards.
Access(UDC I1-3A-3):
Access is proposed via an existing private street, W, Apgar Creek Lane and access via McMillan
Road is prohibited. The Applicant is also proposing an emergency-only access to McMillan Road
to be limited by bollards as approved by the Fire Department.
Private streets are not typically intended for single-family developments unless designed
with a mew or gated community. However,to avoid having a public road off of a private
street(Apgar Creek Lane)that connects to another public street(Goddard Creek Way).
and with access to McMillan Road prohibited,staff is of the opinion the internal private
street is appropriate. In addition,the private street standards require that they connect to a
local or collector street which this property does not have access to due to McMillan being
an arterial and any access to Goddard Creek Way would not meet ACHD separation
requirements for access.Therefore,the Applicant is applying for alternative compliance in
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Item#10.
order to provide internal private streets on Lot 42, Block 1 for internal access within the
development.
Private streets are required to comply with the design and construction standards fisted in
UDC 11-3F-4.The proposed private street is 24 feet wide with 5-font sidewalk on the
internal side of the street. To ensure adequate guest parking is provided,the applicant is
proposing a guest parking area along the north side of the private street across from lots 14-
18, Block 1, lots that abut McMillan Road.
Additionally,the private Street standards prohibit common driveways from taking access
from private streets, unless approved by the director with an alternative compliance
application.Alternative compliance has been requested in accord with 11-3F4A.6,to allow
the two(2)common driveways to be accessed off the private street. Because of the access
constraints and the fact that it is a small compact,infill development,the Director approves
the request for alternative compliance.
Note: One of the perpectual issues within the area surrounding the subject site is
inadequate parking and to help address this issue the Applicant has proposed to widen the
existing private street,Apgar Creek Lane,to 32 feet wide to allow on-street parallel parking
on its southern edge.This widening should allow approximately 8 additional parking spaces
along this private street.
The Private Street standards are intended for developments that provide a mew (shared
vista)or are a gated community.The Applicant is not proposing either of these because of
the site constraints discussed above. However,Staff cannot ignore these standards and
therefore the Applicant should attempt to meet these requirements. Staff recommends that
the Applicant construct faux gates at both entrances to help it appear to be a private
development which would also add a nice entry feature.With the final plat submittal,the
Applicant will be required to apply for Alternative Compliance to propose an adequate
alternative to these standards.
Common Driveways (UDC 11-6C-31
All common driveways are required to comply with the standards listed in UDC 11-5C-3D. Two
(2) common driveways are proposed that comply with UDC standards. Common driveways
should be a maximum of 150' in length or less, unless otherwise approved by the Fire Dept.
An exhibit is required to be submitted with the final plat application that depicts the
setbacks,fencing, building envelope and orientation of the lots and structures. Driveways
for abutting properties that are not taking access from the common driveway(s) should be
depicted on the opposite side of the shared property line away from the common driveway.
Solid fencing adjacent to common driveways is prohibited unless separated by a minimum
5-foot wide landscaped buffer.
A perpetual ingress/egress easement for the common driveway(s) is required to be filed with
the Ada County Recorder,which shall include a requirement for maintenance of a paved
surface capable of supporting fire vehicles and equipment.A copy of the easement should
be submitted to the Planning Division prior to signature on the final plat.
Signage should be provided at the ends of the common driveways for emergency wayfinding
purposes as requested by the Fire Department.
Sidewalks (UDC 1I1
Private Streets do not require sidewalks within a residential development per the private street
standards. There is existing sidewalk along bath McMillan Road and Goddard Creek Way
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Item#10.
adjacent to the subdivisions there is no existing sidewalk along W. Apgar Creek Lane, the private
street abutting the subject site to the north.With the proposed expansion of Apgar Creek Lane by
the Applicant, 5-foot detached sidewalk is also being proposed that would connect this
subdivision to Goddard Creek Way along the northern boundary. However,there is also existing
sidewalk along the western side of the existing Apgar Creek Lane where it turns into N. Selway
Falls Lane(the enterance into the Selway Apartments)that the Applicant is not showing a clear
sidewalk connection to.
The Applicant should continue the existing sidewalk from Selway Apartments into this site
and provide a clear crossing from that side of the street to the proposed 5-foot attached
sidewalk along the interior of the proposed private street that loops through the
development.It is unclear on the submitted plans if the Applicant is also proposing to use
the common driveway/emergency access as an added pedestrian connection to McMillan
Road but the Applicant has stated to Staff this is the intent.The Applicant should revise the
plans to clarify this prior to the City Council hearing.The submitted plat shows the
common driveway as 20 feet wide with 5 feet of landscaping on each side which exceeds
code requirements.The most eastern area of landscaping should remain and the other 5 feet
of area should be used as the pedestrian connection and should be clearly defined with
pavers,stamped concrete,or similar to clearly delineate the driving surface and the
pedestrian path to McMillan.
In addition,any area where pedestrians will need to cross the street from the interior
sidewalk loop to areas on the perimeter(i.e. to and from Selway Apartments,the open space
area and the common driveway) should be clearly deliniated from the driving surface with
pavers,stamped concrete,or similar for added pedestrian safety and clarity.Staff has
included DA provisions in line with these recommendations.
Landscaping(UDC 11-3E):
Landscaping is required within street buffers [11-38-7C�, and within common open space areas
(11-3G-3E] in accord with UDC standards. dote: The street buffer landscaping to McMillan
Road and Goddard Creek Way is existing and the Applicant is not required to provide
more landscaping—the Applicant is not proposing any more landscaping in these areas.
The Applicant has proposed a larger common open space lot shown to include five(5)Class
11 trees which exceeds the requirement of one (1)tree per 8,044 square feet of open space.
All other landscape areas appear to be landscaped per city code requirements including
those areas with proposed seepage beds.
Qualified Open Space(UDC 11-3G-3}:
The UDC does not require the applicant to provide any qualifying open space because the project
is less than 5 acres. However, the applicant recognizes that this is an infill development and the
surrounding residential developments have ample open space. In order to complement the
surrounding developments,the applicant is proposing 24,415 square feet of open space
(1112%),of which 13,367 square feet would qualify under UDC I 1-3G-3 standards.This
amounts to approximately 5.49%of qualified open space.The large open space lot within the
development also includes the proposed amenity, a covered picnic shelter.
Some of the area shown as qualifying on the submitted open space exhibit does not qualify
under the UDC standards because it is not wide enough; those landscaped areas adjacent to
W. Apgar Creek Lane need to be at least 20 feet wide in order to count as linear open space.
The removal of this area and taking half of the arterial buffer area is how Staff came to the
reduced number of qualifying open space when compared to the data shown on the open
space exhibit(Exhibit VII.D).
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Item#10.
The existing utilities to serve this development are stubbed in from McMillan Road and
require an easement by Public Works.The Applicant is utilizing this requirement to
incoroporate one of their common driveways for this area in the southwest corner of the
site. Further,this common driveway is also being utilized as the secondary emergency
access.
Staff is supportive of the amenity package and qualified open space for this development
due to the resident demographic,its relatively small size,and the proximity of Heroes Park
that has easy pedestrian access from this development via sidewalks.
Parking(ITDC 11-3C"]:
Parking for single-family dwellings is required based on the number of bedrooms per unit. For 1-
2 bedroom units,a minimum of 2 spaces per unit are required with at least one of those spaces in
an enclosed garage, other space may be enclosed or a minimum 10' x 20' parking pad. For 3-4
bedroom units, a minimum of 4 spaces per unit are required with at least 2 of those spaces in an
enclosed garage, other spaces may be enclosed or a minimum 10' x 20' parking pacts. Each of the
units are required to comply with the parking standards set forth in UDC 1 i-3C-6.
Because of the proposed 24-foot wide street section, on street parking is prohibited. As mentioned
above,the applicant is providing 16 guest parking stalls within the project and is widening the
existing private lane abutting the site to the north to provide additional parking for the
development. Parking stalls are required to measure 9' x 19' in accord with UDC Table 1 1-3C-5.
NOTE: Parking is a concern in the area. The City has received multiple complaints from
residents in the area because the existing apartment complex does not have adequate
parking.To address this concern,the Applicant has proposed the above additional parking
spaces and proposed this project as an age-restricted development which tends to be over
parked and create less traffic than traditional subdivisions or commercial development.
Fencing(UDC 11-3A-T):
All fencing constructed on the site is required to comply with the standards listed in UDC 11-3A-
7.
Utilities(UDC 11-3A-21):
Connection to City water and sewer services is proposed. Street lighting is required to be installed
in accord with the City's adopted standards,specifications and ordinances.
One issue presented by Public Works is regarding the proposed sewer and water mains
shown in the common drive in the southeast corner; Public works requires that if the
common drive serves three(3)or less properties that only service lines should be
constructed and not mains.
The main issue is regarding the water line layout and a requirement to connect to the
existing main within W.Apgar Creek Lane from both of the proposed stubs off of this road
to create a looped system. The Applicant would need to obtain an easement from Selway
Apartments to connect their existing main. In addition,Public Works is requesting that the
Applicant change the connection point to the water main within McMillan Road to connect
directly south of the emergency access instead of heading east within the landscape buffer.
See Section VI1I.B below for specific Public Works comments/conditions regarding the
requested changes to the utilty layout.
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Item#10.
Pressurized Irrigation System [UDC 11-3A-1S1:
An underground pressurized irrigation system is required to be provided for each lot within the
development.
Storm Drainage(UDC 11-3A-IS
An adequate storm drainage system is required in al] developments in accord with the City's
adopted standards, specifications and ordinances. Design and construction shall follow hest
management practice as adopted by the City as set forth in UDC 11-3A-1 S.
Building Elevations (UDC 11-3A-19{Architectural Standards Manual):
The design of structures on this site is required to comply with the design standards listed in UDC
1 I-3A-19 and the City of Meridian Architectural Standards Manual because they are an attached
product with two or more dwelling units. The development should incorporate high quality
architectural design and materials that is also consistent with the MU-C designation. Conceptual
building elevations are proposed as shown fur the single-family attached units.
All structures within the development are required to comply with the residential design
standards listed in the Architectural Standards Manual.An administrative design review
application must be submitted to the Planning Division and approved prior to submittal of
building permit applications; one design review application may be submitted for the
overall development.
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Item#10.
Vl. DECISION
A. Staff:
Staff recommends approval of the proposed rezone, development agreement modification and
preliminary plat and the Director approved the private street and alternative compliance
applications per the conditions included in Section VII1. in accord with the Findings in Section
A.
B. The Meridian Planning S Zoning Commission heard these items on November 5,2020. At the
Public hearing,the Commission moved to recommend approval of the subject Rezone,
Preliminary Plat,and Development Agreement Modification requests.
l. Summary of Commission public hearin :
T a. In favor: Hethe Clark,Applicant Legal Representative
b. In opposition: None
C. Commenting: Hethe Clark; Dan Fisher, neighbor; Penny Fisher,neighbor.
d. Written testirrtnny:_One=dr._Laurie Bower
e. Staff presenting application: Bill Parsons, Planning Supervisor.
f. Other Staff commenting on application: None
2. Key issue(s)of public testimony:
a. Parking issues that persist within adjacent apartment complex-,
b. Concern over the proposed elevations that face towards the public right-of-way.
3. Key issue(s)of discussion by Commission.
a. Who and how are the proposed Private Streets to be maintained,
b. The number of units taking access from the two corrunon drives;
L. The applicability of a centralized trash receptacle location for those Domes on the
common drives; - - - - -- - -
d. What is the detail and quality of the proposed amenities and open space.
4. Commission change(s)to Staff recommendation:
a. Limit the number of units off of the proposed common drives to no more than 3 units
each;
5. Outstanding isstte(s) for City Council:
a_ None
C. The Meridian City Council heard theseitems on-Decernbcr-15,.2424. At the-public-hearing, Ifae
Council move into atiflrQve�s_tib ect Rez ne..Preliminary Plat..an I Devel�mo A reeemnt
lv��if_i�a�Qn-reauest�. -
L Snuna_Qfthe Oily Gouncil pubUc hearing;
a In favor: Hethe Clark_,Applicant Representative
b, In-onnas. . aLNQne
Cmi mmtin&Hae C1ark4Permy F Sher,neiglabm
dL Written ttetimonvTNone
e. Staff presenting applicationjoseph.I3QdsQn Ctzrre�t �ss�ci�$�Fianner
f_ Other Staff cmmo sting�n mlicatiort: Bill Nary i y�orne J nw
Deputy Fire Marssha l I_ --
2'. KU is we($j 4f stubi is wti gnyn
as Probability of the proposed on-street parking along AAp r Creek Lane being labeledas
parking for this development—Applicant does not control Apgar Creek Lane and would
h.alye to obtain approval frQm Selwaly-Apartments.
3-. Key isue{��of discussion b -Cit�QuneyI
Page I l -
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Item#10.
Haw did the Applicant come t�lhe con�lusicin that of ice uses are not nec� ry an[his
parcel:
>, P_Qient a]4f,a sign l>zein,��e at the inter_sexti__on_of G4dcLard Gxggk mend
McMillan Road
4. Qy Council changes)to Commission rec-ommendation
-- a. bone
Page 1
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Item#10.
VII. EXHIBITS
A. Rezone Legal Description and Exhibit Map
RE-ZONE DESCRIPTION FOR
Ri5 ZONE
GODDARD CREEK TOWNHOUSE SUBDIVISION
Lot 2,Block 1 of Goddard Creek Subdivision as filed in Book 114 of Plats at
Pages 17060 through 17062 and at portion of the Sr. 114 of the SW 114 of Section 26.
TAN.,R.1W.,B.M., Meridian,Ada County, Idaho more particularly described as
follows:
BEGINNING at the NW comer of said Lot 2,
thence along the along the North Boundary line of said Lot 2 South 88"58'36"
East,476,28 feet to the NE corner of said Lot 2;
thence along the easterly boundary line of said Lot 2 the following 5 courses
and distances:
thence South 00'31'17"West, 107.36 feet,
thence 7.85 feet along the arc of a non-tangent curve to the right,said curve
having a radius of 30.00 feet,a central angle of 14°59'49"and a long chord which
bears South 08"06'33"West,7.83 feet;
thence South 15°36'33"West,96.54 feat.
thence 131.94 feet along the arc of a non-tangent curve to the left,said curve
having a radius of 252.00 feet,a central angle of 29`59'51"and a long chord which
bears South 00°36'25"West, 130.43 feet,
thence South 14°23'27"East.58.02 feet;
thence continuing along the easterly boundary line of said Lot 2 and the
southerly extension thereof South 00"37'38"West,78 37 feet to a point on the South
boundary line of said Section 26;
thence along said South boundary line North 88°58'46"West,468.83 feet;
thence leaving said South Boundary line and along the West boundary line of
said tot 2 and the southerly extension thereof North 01'01'14"East,473.31 feet to the
POINT OF BEGINNING. Containing 5.03 acres,more or less.
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Item#10.
W. SELWAY RAPIDS LN.
__ __^_588'58'36"E 476.28'_-----`
REAL POINT g
I OF BEGINNING
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PeiI eLocx 1 d
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58.02'
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_W. MCMILLAN R6._
dr H88'58'4fi"W 4fi8.83'
�p
CURVE TABLE
CURVE PRA,,DIUS LENGTH OHORD DIST. CHOR❑ MG. DELTA
C1 00 7.85 7.83 H8'06'33"E 14'59'49"
�r C2 252.00 131.94 150.43 SO'36'25"W 29'59'51"
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(p 7jI3)11 0
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SCALE: 1" = 140' oGerG.c��`�
EXHIBIT DRAWING FOR
�oaHo
SURVEY W55W.EWEMLDST R15—REZONE DESCRIPTION sr�er r+a.
`m5 EM-0H05"°` GODDARD CREEK TOWNHOUSE SUBDIVISION
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Item#10.
B. Preliminary Plat (date: 912/2020)
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C. Landscape Plan(date: 91212020)
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D. Open Space Exhibit
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E. Conceptual Elevations
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Item#10.
GENERM1LNOTES
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Item#10.
F. Public Works—Water Markup
GODDARD CREEK SUBDIVISION
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Item#10.
Vill. CITY/AGENCY COMMENTS&CONDITIONS
A. PLANNING DIVISION
1. Within six(6)months of Council's approval of the findings for the rezone and prior to
submittal of a final plat application, the developer shall sign and obtain Council approval of
the development agreement with the following provisions:
a. Future development of this site shall comply with the preliminary plat, landscape plan,
and conceptual building elevations(single-story)included in Section Vll and the
provisions contained herein.
b. The Applicant shall widen W. Apgar Creek Lane (the existing private street abutting the
subject site)by eight(8) feet in order to accommodate on-street parking along the
southern side of the street as shown in the proposed preliminary plat (Exhibit VILB).
c. Any area of the plat where pedestrians need to cross the private street for added
pedestrian connectivity shall be constructed with pavers, stamped concrete, or similar in
order to clearly delineate the pedestrian pathways from the driving lane; this includes the
proposed pedestrian connection that runs next to the southwest common drive(Lot t2)
that connects to W. McMillan road.
d. The proposed development shall be an age-restricted(55 years of age and older)
development as proposed by the Applicant.
e. Each common drive shall be limited to providing access to no more than three(3)
dwelling units.
2_ The preliminary plat included!.in Section VILB, dated 9/2/2020 shall be revised as follows at
least ten(10)days prior to the City CounciI hearing:
a. Depict zero lot lines on those lots that have shared walls.
b. Clearly depict all pedestrian connections within the development on the plat,specifically
the pedestrian connection adjacent to the common drive/emergency access(Lot 12}.
c. Add a sidewalk connection within Lot 1 that continues the sidewalk on the west side of
N. Selway Falls Lane.
d. Show all pedestrian crossings as pavers,stamped concrete,or similar to clearly delineate
pedestrian connections and provide Staff a pedestrian exhibit that shows this and shows a
cross-section of the crosswalks.
2. The landscape plan included in Section VII.C, dated 10/18/19 shall be revised as follows:
a. Provide the details of the site amenities with the submittal of the final plat application,
3. Private streets within the development are required to comply with the design and
construction standards listed in UDC 1]-3F4. Exception:Alternative Compliance was
approved to UDC 11-3F-44.6 to allow the common driveways off of the private street and
to allow private streets offof an e_isting private street instead of a local or collector street.
4. Applicant shall provide the common open space and amenities as proposed on the landscape
plan(Exhibit VII.Q.
5. The Applicant shall construct all fencing as shown on the submitted Iandscape plan and in
accord with UDC 11-3A-7.
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6.. On-street parking is only allowed in the designated guest parking area as shown on the
attached plans.The private streets shall be posted with"no parking"signs.
7. Off-street parking shall be provided for this site as set forth in UDC Table 11-3C-5 and 1 I-
3 C-6.
8 An exhibit shall be submitted with the final plat application for the lots accessed by the
common driveway that depicts the setbacks, fencing,building envelope and orientation of the
lots and structures in accord with UDC I 1-bC-3D. Driveways for abutting properties that are
not taking access from the common driveway(s)shall be depicted on the opposite side of the
shared property line away from the common driveway. Solid fencing adjacent to common
driveways is prohibited unless separated by a minimum 5-foot wide landscaped buffer.
9, Provide address signage at the street for homes on Lots 8-11 and 18-21,Block 1 accessed by
the common driveway for emergency wayfinding purposes.
10, A perpetual ingress/egress easement shall be filed with the Ada County Recorder for the
common driveway,which shall include a requirement for maintenance of a paved surface
capable of supporting fire vehicles and equipment. A copy of the recorded easement shall be
submitted to the Planning Division prior to signature on the final plat by the City Engineer.
11, All structures within the development are required to comply with the residential design
standards listed in the Architectural Standards Manual. An administrative design review
application shall be submitted to the Planning Division and approved prior to submittal of
building permit applications; one design review application may be submitted for the overall
development.
12. With the final plat application submittal,the Applicant shall submit an Alternative
Compliance application to provide an adequate alternative to gates, as required by the private
street standards in WC 1 f-3F4,
B. PUBLIC WORKS
Site Specific Conditions of Approval
I. Remove the water mainline from the shared driveway at the southeast, water services will
need to be extended from the mainline.
?. Instead of connecting the water main to the southern stub, extend the water main south
directly to McMillan to eliminate unnecessary parallel water main. The existing stub will
either need to be abandoned or end in a hydrant.
3 Loop the two deadend water mains near the north boundary line and connect to existing water
main in Selway Rapids Ln to create a secondary connection and elimiate two deadend mains.
An easement will need to be obtained from Selway Apartments in order to connect of the
water main in Selway Rapids
4_ Intermediate manhole located at the intersection of W. Apgar Creek Loop and the western
shared driveway needs to be relocated further into the travel way to avoid conflict with the
curb and gutter.
5. Remove the sewer mainline from the eastern Shared driveway,and instead lain individual
services to serve the lots. Manholes are required at all mainline angle changes.
General Conditions of Approval
3. Applicant shall coordinate water and sewer main size and routing with the Public Works
Department,and execute standard forms of easements for any mains that are required to
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Item#10.
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.
4. Per Meridian City Code(MCC),the applicant shall be responsible to install sewer and water
stains to and through this development. Applicant may be eligible for a reimbursement
agreement for infrastructure enhancement per MCC 8-6-5.
5. The applicant shall provide easement(s) for all public water/sewer mains outside of public
right of way(include all water services and hydrants). The easement widths shall be 20-feet
wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via
the plat, but rather dedicated outside the plat process using the City of Meridian's standard
forms. The easement shall be graphically depicted on the plat for reference purposes. Submit
an executed easement(on the farm available from Public Works), a legal description
prepared by an Idaho Licensed Professional Land Surveyor,which must include the area of
the easement(marked EXHIBIT A)and an 8112"x I I"map with bearings and distances
(marked EXHIBIT B) for review. Both exhibits must be sealed,signed and dated by a
Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this
document. All easements must be submitted,reviewed,and approved prior to development
plan approval.
6. 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.
7. 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.
8.. All irrigation ditches,canals, laterals,or drains, exclusive of natural waterways, intersecting,
crossing or laying adjacent and contiguous to the area being subdivided shall be addressed
per UDC 11-3A-G. In performing such work,the applicant shall comply with Idaho Code 42-
1207 and any other applicable law or regulation.
9. Any existing domestic well system within this project shall be removed from domestic
service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering
Department at(208)898-5500 for inspections of disconnection of services. Wells may be used
for non-domestic purposes such as landscape irrigation if approved by Idaho Department of
Water Resources Contact Robert B. Whitney at(208)334-2190.
106 Any existing septic systems within this project shall be removed from service per City
Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment
procedures and inspections(208)375-521 1.
11. 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.
12. A letter of credit or cash surety in the amount of 110%will be required for all uncompleted
fencing, landscaping, amenities, etc.,prior to signature on the final.plat.
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Item#10.
13. All improvements related to public life,safety and health shall be completed prior to
occupancy of the structures. Where approved by the City Engineer,an owner may post a
performance surety for such improvements in order to obtain City Engineer signature on the
final plat as set forth in UDC I 1-5C-3B.
14. 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.
15. 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.
16. Applicant shall be responsible for application and compliance with any Section 404
Permitting that may be required by the Anny Corps of Engineers.
17. Developer shall coordinate mailbox locations with the Meridian Post Office.
18. All grading of the site shall be performed in conformance with MCC 11-12-3H.
19. Compaction test results shall be submitted to the Meridian Building Department for all
building pads receiving engineered backf ill,where footing would sit atop fill material.
20. 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.
216 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.
22. 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 strictures within the
project.
23. 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.rneridiancity.org/public works.as px?i d=2 72.
24. 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.
25. The City of Meridian requires that the owner post to the City a warranty surety in the amount
of 20%of the total construction cost for all completed sewer,water and reuse infrastructure
for duration of two years. This surety will be verified by a lint: 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 887-221 1.
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Item#10.
b. MERIDIAN FIRE DEPARTMENT(MFD)
https:llweblink.meridiancity.orglWebLinklDocYiew.aspx?id=213839&dbid=O&repo=Meridian C
itt,
7. SETTLER'S IRRIGATION DISTRICT
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itt?
8. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ)
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ill,
9. MERIDIAN POLICE DEPARTMENT(MPD)
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in,
10. CENTRAL DISTRICT HEALTH(CDH)
https:ll,A,eblink.)neridiai?eity.of glWebLifaklDoc•t,'ieit,.aspx?id=214496&dl?id=Oc&repo=MeridianC
iti
11. ADA COUNTY HIGHWAY DISTRICT(ACHD)
hops:11weblink.meridiancity.orglWebLinklDocYiew.asp_r?id=2152 21&dbid=O&repo=Meridian
itv
12. COMMUNITY DEVELOPMENT—SCHOOL TABLE.
https:1/weblink.meridiancih,.org1WebLink/DocView.aspx?id=214999&dbid=O&repo=Meridian C
ity
IX. FINDINGS
A. REZONE(UDC 11-511-3E)
Required Findings: Upon recommendation from the commission,the council shall make a full
investigation and shall,at the public hearing,review the application. In order to grant an
annexation and/or rezone,the council shall make the following findings:
1. The map amendment complies with the applicable provisions of the comprehensive
plan;
Council finds the proposed density and associated R-15 zoning designation is consistent with
the applicable provisions of the Comprehensive Plan in regard to the MU-Cfuture land use
map designation for this site.
2. The map amendment complies with the regulations outlined for the proposed district,
specifically the purpose statement;
Council finds that the proposed map amendment and subsequent development will contribute
to the range of housing opportunities available in the northern portion or the Cit}'.
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Item#10.
3. The map amendment shall not be materially detrimental to the public health,safety,
and welfare;
Council_finds that the proposed zoning ainendnient will not be materially detrinrental to the
public health, safety, or vvelfare.
4. The map amendment shall not result in are adverse impact upon the delivery of services
by any political subdivision providing public services within the city including, but not
limited to,school districts; and
Council_finds that the proposed zoning amendment will not result in anv adverse iinpact upon
the delivery of services by anl,political subdivision providing services to this site.
5. The annexation(as applicable) is in the best interest of city.
Because this application is for-a rezone, thi.s_finding is not applicable.
B. PRELIMINARY PLAT(UDC 11-6B-6)
1. The plat is in conformance with the comprehensive plan and is consistent with this
unified development code;
Council,finds that the proposed plat is in substantial compliance with the adopted
Comprehensive Plan in regard to land use, transportation, and circulation. Please see
Comprehensive Plan Policies and Goals, Section 1,71, of the Stafj'Repov1 far rarore
ir7 forination.
Z. Public services are available or can be made available ad are adequate to accommodate
the proposed development;
Council finds that public services will be provided to the subject property rcpon development,
(See Exhibit 8 of the Stt f'Reportfor•rarore details from public set-vice providers.)
3. The plat is in conformance with scheduled public improvements in accord with the
city's capital improvement program;
Because City water and serer anti art,other utilities will be provided by the developer at
their own cost, Council finds that the subdivision will not require the expenditure of capital
improvement.funds.
4. There is public financial capabilih- of supporting services for the proposed
development;
Council recorntnends the Conunission and Council rely upon comments from the public
service providers (i.e., Police, Fire, ACHD, etc.)to determine this finding. (See Exhibit 8 br
more detail.)
5_ The development will not be detrimental to the public health,safety or general welfare;
and
Council is not aware oj'ani,health, safer},, or envirownenral problems associated with the
platting of'this property that should be brought to the Commission or Council's attention.
ACHD considers road safety issues in their analvsis. Staf f'recornaiends that the Cornrnission
and Council consider any public testinzonv that nrav be presented when determining whether
or not the proposed subdivision nrav cause health, .safety or environmental problems of which
Staffis unaware.
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Item#10.
G_ The development preserves significant natural, scenic or historic features.
Council is unaware of a►ry significant natural, scenic or historic,features that need to he
preserved with this development.
C. PRIVATE STREET(UDC 11-317-4}
In order to approve the application, the Director shall find the following:
1. The design of the private street meets the requirements of this Article;
The design of the proposed private streets complies with the standards listed in UDC I1-3F-
4. See analysis in Section 1'for rrrore itr/orrrration.
2. Granting approval of the private street would not cause damage hazard,or nuisance,or
other detriment to persons,property,or uses in the vicinity; and
The Director does not anticipate the proposed private streets would cause anv hazard,
nuisance or other detriment to persons,property or uses in the vicinity if they are designed as
proposed and constructed in accord with the standards listed in UDC 11-3F-4B,
3. The use and location of the private street shall not conflict with the comprehensive plan
and/or the regional transportation plan.
The location of the private streets does not conflict with the Comprehensive Plan and/or the
regional transportation plan. Both ACHD policy and the UDC prohibits access to McMillan
Road if'local street access is provided. With the development of'the property to the north, the
Director finds that local street access has been provided via a private street.
4. The proposed residential development(if applicable) is a mew or gated development.
The proposed residential development dares not include either a mew or proposes gates. Date
to the site constraints, existing road nenvork, and proposed use af'an age-restricted
development outlined in Section VII, the Director is requiring that the Applicant apply for
Alternative Compliance to this requirement to in order provide an adequate alternative with
the Final Plat application submittal,
D. ALTERNATIVE COMPLIANCE
In order to grant approval for alternative compliance,the director shall determine the
following findings:
I. Strict adherence or application of the requirements is not feasible; OR
Access to this development is provided by a private,street and the UDC restricts access to
McMillan Road, an arterial street. ACHD is also restricting access to Goddard Creek way, a
collector street, Because the property is not served by internal public streets, the Director
_finds strict adherence to the UDC is notfeasible and approves the request_far•the common
driveways to take access,f►•om the private streets as proposed.
2. The alternative compliance provides an equal or superior means for meeting the
requirements; and
The Director f nds the itz fill and age-restricted development proposed b-v the applicant as a
whale provides an equal or superior mmeatrs fbr meeting the requirements in that it contribctles
to the unique character of the area and provides diversity in housing dvpes available within
the Cin,.
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Item#10.
3. The alternative means will not be materially detrimental to the public welfare or impair
the intended uses and character of the surrounding properties.
The Director•frndv that the proposed alternative means will not he detrimental to the public
welfare or impair the intended uselcharacter af'the surrounding properties and tiWll actuallty
contribute to the character and variety of housing types in this area of the Cit.i
- Page 29 -
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