Z - Development Agreement H-2020-0101 ADA COUNTY RECORDER Phil McGrane 2021-034930
BOISE IDAHO Pgs=38 CHE FOWLER 03/04/2021 08:44 AM
CITY OF MERIDIAN, IDAHO NO FEE
DEVELOPMENT AGREEMENT
PARTIES: 1-. City of Meridian
2. Berkeley Communities, LLC, Owner/Developer
THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into
this 2nd day of March , 2021, by and between City of Meridian, a municipal
corporation of the State of Idaho,hereafter called CITE'whose address is 33 E. Broadway Avenue,
Meridian,Idaho 83642 and Berkeley Communities,LLC whose address is PO Box 5927,Boise,ID
83705, hereinafter called D ER/DEVELOPER.
1. RECITALS:
1.1 WHEREAS,Owner is the sole(owner,in law and/or equity,of certain tract of
land in the County of Ada, State of Idaho,described in Exhibit"A;",which is
attached hereto and by this reference;incorporated herein as if set forth in full,
herein after referred to as the Property, and
1.2 WHEREAS,Idaho Code § 67- 511 A provides that cities may,by ordinance,
require or permit as a condition of zoning that the Owner and/or Developer
make written commitment concerning the use or development of the subject
Property, and
13 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 has submitted an application for annexation
and zoning of 4. 7 acres of land with an -15 (Medium High Density
Residential);zoning district of the property listed in Exhibit "A''", attached
hereto,under the Unified Development which generally describes how
the Property will be developed and what improvemeras 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 trade;and
1.6 WHEREAS,the record of the proceedings for requested rezoning Yield before
Planning and Zoning Commission and the City Council,includes r spomcs of
DEvELoPMENT AGREEMENT—DAPHNF SQUARF SuBDivisioN(tl-2020-01 l) PAGE 1 or 8
DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. Berkeley Communities, LLC, Owner/Developer
THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into
this 2nd day of March______, 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 Berkeley Communities,LLC whose address is PO Box 5927,Boise,ID
83705, hereinafter called OWNER/DEVELOPER.
1. RECITALS:
1.1 WHEREAS,Owner is the sole owner,in law and/or equity,of certain tract of
land in the County of Ada, State of Idaho,described in Exhibit"A",which is
attached hereto and by this reference incorporated herein as if set forth in full,
herein after referred to as the Property; and
1.2 WHEREAS,Idaho Code§ 67-6511A provides that cities may,by ordinance,
require or permit as a condition of zoning that the 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 11-5B-3 of the Unified Development Code ("UDC"), which
authorizes development agreements upon the annexation and/or re-zoning of
land; and
1.4 WHEREAS, Owner/Developer has submitted an application for annexation
and zoning of 4,97 acres of land with an R-15 (Medium High Density
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
1.6 WHEREAS,the record of the proceedings for requested rezoning held before
Planning and Zoning Commission and the City Council,includes responses of
DEVELOPMENT AGREEMENT-DAPHNE SQUARE SUBDIVISION(H-2020-0 10 1) PAGE 1 OF 8
government subdivisions providing services within the City of Meridian
planning jurisdiction, and includes further testimony and comment; and
1.7 WHEREAS, on the 2' day of February, 2021, the Meridian City Council
approved certain Revised Findings of Fact and Conclusions of Law and
Decision and Order ("Findings"), which have been incorporated into this
Agreement and attached as Exhibit"B"; and
1.8 WHEREAS, the Findings require the Owner/Developer to enter into a
Development Agreement before the City Council takes final action on final
plat; and
1.9 WHEREAS,Owner/Developer deem it to be in its best interest to be able to
enter into this Agreement and acknowledges that this Agreement was entered
into voluntarily and at its urging and request; and
1.10 WHEREAS,City requires the Owner/Developer to enter into a development
agreement for the purpose of ensuring that the Property is developed and the
subsequent use of the Property is in accordance with the terms and conditions
of this Agreement,herein being established as a result of evidence received by
the City in the proceedings for zoning designation from government
subdivisions providing services within the planning jurisdiction and from
affected property owners and to ensure zoning designation are in accordance
with the amended Comprehensive Plan of the City of Meridian on December
19,2019, Resolution No. 19-2179, and the UDC, Title 11.
NOW, THEREFORE, in consideration of the covenants and conditions set forth
herein, the parties agree as follows:
2. INCORPORATION OF RECITALS: That the above recitals are contractual and
binding and are incorporated herein as if set forth in full.
3. DEFINITIONS: For all purposes of this Agreement the following words,terms,and
phrases herein contained in this section shall be defined and interpreted as herein provided for,unless
the clear context of the presentation of the same requires otherwise:
3.1 CITY: means and refers to the City of Meridian, a party to this Agreement,
which is a municipal Corporation and government subdivision of the state of
Idaho, organized and existing by virtue of law of the State of Idaho, whose
address is 33 East Broadway Avenue, Meridian, Idaho 83642.
3.2 OWNER/DEVELOPOER: means and refers to Berkeley Communities,
LLC, whose address is PO Box 5927, Boise, ID 83705, 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.
DEVELOPMENT AGREEMENT-DAPHNE SQUARE SuBDmsioN(H-2020-0 10 1) PAGS 2 oP 8
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. The rear and/or sides of 2-story structures on Lot 18 of Block i
and Lots 2-16 of Block 2 that face N. Black Cat Road and W. McMillan Rd shall
incorporate articulation through changes in two or more of the following:modulation
(e.g. projections, recesses, step-backs,pop-outs),bays, banding,porches, balconies,
material types,or other integrated architectural elements to break up monotonous wall
planes and roof lines. Single-story structures are exempt from this requirement.
Planning approval will be required at time of building permit.
b. Future development of this site shall be generally consistent with the preliminary plat,
landscape plan and conceptual building elevations for the single-family dwellings
included in Section VM of the Staff Report that is attached to the Findings of Fact and
Conclusions of Law attached hereto as Exhibit `B" and the provisions contained
therein.
c. If an agreement cannot be reached with the Brody Square Homeowner's Association
(HOA)in regard to locating an additional playground amenity within Lot 9,Block 3 of
the Brody Square Subdivision and sharing amenities and common open space between
the two subdivisions,the applicant shall revise the preliminary plat to convert Lot 1,
Block 2 of the Daphne Square Subdivision into common open space.
d. Rear setbacks of all homes in Lots 18-29, Block 1 shall be 20'.
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:
DEvEMPMENTAGREEMENT-DAPHNE SQUARE SUBDIVISION(H-2020-0 10 1) PAGE 3 of 8
Item#13.
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 waivcd and shall nQitlicr bar any other rights or rcrnedicb orCily nor
apply to any subsequent default of any such or other covenants and conditions.
8. INSPECTION: Owner/DeveIoper 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,
DEVELOPMENT AGREEMENT-DAmNE SQUARE SUBDIVISION(H-2020-01 0 1) PAGE 4 of 8
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:
Berkeley Communities,LLC
PO Box 5927
Boise, ID 83705-0927
14.1 A parry 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
DEVELOPMENT AGREEMENT-DAPHNE SQUARE SUBDIVISION(H-2020-0101) PAGE 5 OF 8
jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall
P
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/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 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
ordinnnve or resobotion 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.
DEVELOPMENT AGREEMENT—DAPIINE SQUARE SUBDIVISION(H-2020-0101) PAGE 6 OR 8
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:
Berkeley Com u 'ties,LLC
- M A\
By: Joseph Atall
Its: Manager
CITY OF MERIDIAN ATTEST:
By:
Mayor Robert E. Simison 3-2-2021 Chris Johnson, City Clerk 3-2-2021
STATE OF IDAHO )
ss:
County of Ada )
On this_V1# day of fC W(WAt/ 2021,before me,the undersigned,allotary Public in and for said State,
personally appeared Joseph Atalla, knovNi or identified to me to be the Manager of Berkeley Communities,LLC
identified to me to be the person who signed above and acknowledged to me that he executed the same of behalf of said
CorPnrstion_
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 :
�Q"lAf�y N tart'Public for
�►. Residing at: MVI(io 1 An r L p
pit l�G My Commission Expires: Vco V7- 7V7,`5
DEVELOPMENT AGREEMENT D6" '- W, ° dolt'(H-2020-0101) PAGE 7 OF 8
STAVE OF IDAHO )
: ss
County of Ada j
On this 2nd day of March ,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,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.
(SEAL) Notary Public for Idaho
Residing at: Meridian, Idaho _
Commission expires: 3-28-2022
DEVELOPMENT AGREEMENT—DAPHNE SQUARE SUBDIVISION(H-2020-01 0 1) PAGE S OF 8
Page 188
Item#13.
EXHIBIT A
EXHIBIT
ANNEXATI0N AND R-15 ZONINta DESCRIPTION FOR
DAPHNE SQUIRE SUBDIVISION
A portion of the SVV 114 of theSW114uf Sectlon 27. TAN., R.1VV_, B.M..Ada County,
Idaho more Particularly deaorild as follows,
BECINNJ G at tha SVV corner of said Section 27 frorn which the VV114 corner of said
Section 27 bears North 00°81'08" East, 2637.33 feet
thence along the VVest boundary line of said Section 27 North Dl�°01'08" East. 329.50
feet a 2ngle point in the exterior boundary line of Black Cat Estates Subdivision No. 1 as file in
Book 29 of Plata at Pages 1798 and 1799, records cf Ada County, Idaho
thence along the exterior boundary I6ne of said Black Cat Estates Subdivision No. 1 the
following cnume3 and distances-
thence leaving said Writ boundary bias South 88°1 T52" East, 660.80 feet;
thence Sornh 00'31'W'West,_ 326.04 feet to a paint on the Savth boundary line of said
Sectim 27,
thence. along said South boundary line North 89°35'62"West, %0_84 feet to the REAL
PRINT OF BEGINNING. Containin-j 4.97 S�otes, More or less.
EIL 7729
�
1; C,
Daphne Square Subdivision H—2020-0101 Page 189
Gm of
[k H|§|ƒ A
1/4
S.28T
&27
�
[
BLACK CAT E T T s ] NO. 1
2 --
@
@ ¢
m » � z
5|
iiG
m Cc �a m
%
\ 6591 &( Im /
/ 4.97
� | �
| | _
,� E mNm� �
�
S,2181 27 _ W. McWLLAN
»33 &34
»
AT
r
7729
0 25 m 100 20Q 0 £ [
�yEc¥
Daphne Square Subdivision H—2020C101 7�q
EXHIBIT B
Item#13.
CITY OF MERIDIAN
FINDINGS OF FACT,CONCLUSIONS OF LAW C�WE Nty
AND DECISION& ORDER
In the Matter of the Request for Daphne Square Subdivision,Annexation,Zoning and Preliminary
Plat approval of 30 residential lots and 3 common lots on 4.97 acres of land in the R-15 zoning
district,by Schultz Development, LLC.
Case No(s). H-2020-0101
For the City Council Hearing Date of: January 19, 2021 (Findings on February 2, 2021)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report f'or the hearing date of January 19, 2021, incorporated by
reference)
2. Process Facts(see attached Staff Report for the hearing date of January 19, 2021, incorporated by
reference)
3. Application and Property Facts(see attached Staff Report f'or the hearing date of January 19,
2021, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of January 19, 2021, incorporated by reference)
B. Conclusions of Law
I. 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 I I Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by
ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian,
which was adopted December 17, 2019, Resolution No. 19-2179 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 1.1-5A.
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(DAPHNE SQUARE SUBDIVISION—FILE# H-2020-0101)
- I - Page 191
Item#13.
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of January 21, 2021,incorporated by reference. The conditions are concluded to be
reasonable and the applicant shall meet such requirements as a condition of approval of the
application.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon
the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that:
1. The applicant's request for annexation,zoning to R-15, and preliminary plat is hereby approved
per the conditions of approval in the Staff Report for the hearing date of January 21, 2021,
attached as Exhibit A.
D. Notice of Applicable Time Limits
Notice of Preliminary Plat Duration
Please take notice that approval of a preliminary plat, combined preliminary and final plat, or
short plat shall become null and void if the applicant fails to obtain the city engineer's signature
on the final plat within two (2)years of the approval of the preliminary plat or the combined
preliminary and final plat or short plat(UDC 11-613-7A).
In the event that the development of the preliminary plat is made in successive phases in an
orderly and reasonable manner, and conforms substantially to the approved preliminary plat,
such segments, if submitted within successive intervals of two (2)years,may be considered for
final approval without resubmission for preliminary plat approval(UDC 11-6B-7B).
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11-6B-7.A,the Director may authorize a single extension of time to obtain the City
Engineer's signature on the final plat not to exceed two(2)years. Additional time extensions up
to two (2)years as determined and approved by the City Council may be granted. With all
extensions,the Director or City Council may require the preliminary plat, combined
preliminary and final plat or short plat to comply with the current provisions of Meridian City
Code Title 11. If the above timetable is not met and the applicant does not receive a time
extension,the property shall be required to go through the platting procedure again(UDC 1I-
6B-7C).
Notice of Development Agreement Duration
The city and/or an applicant may request a development agreement or a modification to a
development agreement consistent with Idaho Code section 67-6511A. The development
agreement may be initiated by the city or applicant as part of a request for annexation and/or
rezone at any time prior to the adoption of findings for such request.
A development agreement may be modified by the city or an affected party of the development
agreement. Decision on the development agreement modification is made by the city council in
accord with this chapter. When approved, said development agreement shall be signed by the
property owner(s)and returned to the city within six(6)months of the city council granting the
modification.
A modification to the development agreement may be initiated prior to signature of the
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(DAPHNE SQUARE SUBDIVISION—FILE#H-2020-0101)
-2-
Page 192
Item#13.
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 January 21,2021.
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(DAPHNE SQUARE SUBDIVISION—FILE#H-2020-0101)
-3- Page 193
Item#13.
By action of the City Council at its regular meeting held on the 2nd day of
February 12021
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 E. 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: 2-2-2021
City Clerk's Office
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(DAPHNE SQUARE SUBDIVISION—FILE#H-2020-0101)
-4 Page 194
Item#13.
EXH I BIT A
STAFF REPORT E IDIAY� --
COMMUNITY DEVELOPMENT DEPARTMENT A H O
HEARING 1/19/2021 Legend
DATE:
TO: Mayor& City Council let
FROM: Alan Tiefenbach M q'
208-489-0573 - - -----
Bruce Freckleton,Development
Services Manager
208-887-2211
SUBJECT: H-2020-0101 1
Daphne Square Subdivision UM
LOCATION: 4700 W.McMillian Rd. _
NE corner of N. Black Cat Rd and W. __ _____________
McMillan Rd. 3�
I. PROJECT DESCRIPTION
Annexation&zoning of 4.97 acres of land with an R-15 zoning district,and preliminary plat
consisting of 30 building lots and 3 common lots,by Schultz Development,LLC.
II. SUMMARY OF REPORT
A. Project Summary
Description Details Page
Acreage 4.97
Future Land Use Designation Medium Density Residential 3-8 du/acre
Existing Land Use(s) Existing manufactured home
Proposed Land Use(s) Single Family Attached and Detached
Lots(#and type;bldg./common) 30 single family lots and 3 common lots
Phasing Plan(#of phases) One Phase
Number of Residential Units(type 30
of units)
Density(gross&net) 6 du/acre gross
Open Space(acres,total 26,749 sq. ft. (12.36%)qualified open space.
[%]/buffer/qualified)
Amenities 5,611 sq. ft. common lot with shade structure and benches.
Physical Features(waterways, An irrigation lateral runs east to west along McMillian Rd.
hazards,flood plain,hillside)
Neighborhood meeting date;#of August 25,2020,4 attendees
attendees:
Page 1
Page 195
Item#13.
Description Details Page
History(previous approvals) N/A
B. Community Metrics
Description Details Page
Ada County Highway District
• Staff report(yes/no) Yes
• Requires ACHD Commission No
Action(yes/no)
Access(Arterial/Collectors/State Northern access from N.Eynsford Ave(local road in
Hwy/Local)(Existing and Proposed) Brody Square)to N.Black Cat Rd via W.Daphne St,there
is also an eastern stub proposed.
Traffic Level of Service D
Existing Road Network No existing internal roads.
Existing Arterial Sidewalks/ Buffer and sidewalk exists on west side of N.Black Cat
Buffers Road(part of the Jump Creek Subdivision.)
W.McMillan Road—no sidewalks or buffers
Proposed Road Improvements Applicant required to construct all internal roads to 33'
width. 5'wide detached sidewalks will be constructed
along N. Black Cat Rd and W.McMillan Rd.
Distance to nearest City Park(+ +/- 1.25 miles,Keith Bird Legacy Park, 1.5 miles,Heroes
size) Park
Fire Service
• Distance to Fire Station 2.4 miles
• Fire Response Time 5 minutes
• Resource Reliability 86%
• Risk Identification 1
• Accessibility Roadway access,radio coverage
• Special/resource needs No aerial device necessary
• Water Supply 1,000 gpm
• Other Resources None needed
Police Service
• Distance to Police Station 7 miles
• Police Response Time >6 minutes
• Calls for Service 631 within one mile
• %of calls for service split by 40.3%P1,53.2%P2, 1.4%P3
priority
• Accessibility Satisfactory.
• Specialty/resource needs None necessary.
• Crimes 115
• Crashes 40
Page 2
Page 196
Item#13.
Ada County Schools
• Impacted Schools Pleasant View ES- .7 Miles
Star MS—7.7 Miles
Meridian HS—4.1 Miles
• Capacity of Schools Pleasant View ES-650
Star MS— 1000
Meridian HS—2075
• #of Students Enrolled Pleasant View ES-356
Star MS—701
Meridian HS— 1975
• Estimated New Students Generated by Development Pleasant View ES- 10
Star MS-5
Meridian HS—7
Wastewater
• Distance to Sewer Services N/A
• Sewer Shed N.Black Cat Trunkshed
• Estimated Project Sewer ERU's See application
• WRRF Declining Balance 13.98
• Project Consistent with WW Master Plan/Facility Yes
Plan
• Impacts/Concerns Additional 543 gpd committed to
model
Water
• Distance to Water Services Directly adjacent
• Pressure Zone 1
• Estimated Project Water ERU's See application
• Water Quality No concerns
• Project Consistent with Water Master Plan Yes
• Impacts/Concerns Dead-end water mainline
Future Land Use Map Aerial Map
r �
Legend Legend
leiPro}e-i-,t Luca Tion � Pr<e.- _c._
-Wedium Deng' `
Re Sid 1 Y -
i.
-_ ...lk
Use - 6i . —
�n#e�rc ange
Page 3
Page 197
Item#13. Zoning Map Planned Development Map
Legend Legend
� Pe ;e Lar R- � ProjtLflco=or
C r}y Lirni#
R-: I
— Planner ParoeL ,
R- 7 C-C
_1
RUT
R- R= C- y -
R-8 Rom:
R-8 IR-
MT
RUT LRUT
� -rt - ----
�.L
R-
III. APPLICANT INFORMATION
A. Applicant:
Matt Schultz, Schultz Development LLC—8421 S. Ten Mile Rd,Meridian ID 83642
B. Owner:
Kristie and Jeffrey Harrison—Box 136,Adams, Oregon, 97810
C. Representative:
Matt Schultz, Schultz Development LLC—8421 S. Ten Mile Rd,Meridian ID 83642
IV. NOTICING
Planning&Zoning City Council
Posting Date Posting Date
Newspaper Notification 11/27/2020 1/1/2021
Radius notification mailed to
properties within 300 feet 11/23/2020 12/29/2020
Nextdoor posting 11/23/2020 12/29/2020
Sign Posting 12/04/20 1/6/2021
V. STAFF ANALYSIS
This proposal includes annexing 4.97 acres of land,zoning to R-15, and platting 30 building lots and
3 common lots. The majority of the housing is proposed to be single family attached with several
additional single family detached homes.
Page 4
Page 198
Item#13.
A. Annexation:
The proposed annexation area is contiguous to City annexed property and is within the Area of
City Impact Boundary. To ensure the site develops as proposed by the applicant, staff is
recommending a development agreement as part of the annexation approval.
B. Future Land Use Map Designation(https://www.meridiancity.org/compplan)
This property is designated Medium Density Residential on the City's Future Land Use Map
(FLUM)contained in the Comprehensive Plan.
This designation allows for dwelling units at gross densities of three to eight dwelling units per
acre.Density bonuses may be considered with the provision of additional public amenities such
as a park, school, or land dedicated for public services.
The annexation area is near existing public services and not on the periphery of corporate city
limits; existing City of Meridian zoning and development is directly adjacent to the west, north
and nearby to the east. The property is directly adjacent and south of the Brody Square
Subdivision, of which the final plat was approved by City Council on December 15, 2020. The
proposed land use of single family residential is consistent with the recommended uses in the
FLUM designation, however the proposed density of 6 du/acre is on the higher end of the
recommended density range. Accordingly, staff has conveyed to the applicant that if this higher
density is proposed, the project should incorporate quality open space and amenities. This is
discussed in the open space section later in this staff report.
The City may require a development agreement(DA) in conjunction with an annexation pursuant
to Idaho Code section 67-6511A. In order to ensure the site develops as proposed with this
application, staff recommends a DA as a provision of annexation with the provisions included in
Section IX.A. The DA is required to be signed by the property owner(s)/developer and returned to
the City within 6 months of the Council granting the annexation for approval by City Council and
subsequent recordation.
C. Comprehensive Plan Policies (https://www.meridiancity.or /g compplan):
(Staff analysis is in italics after the cited policy)
• Encourage a variety of housing types that meet the needs,preferences, and financial
capabilities of Meridian's present and future residents. (2.01.02D)
This proposal includes single family attached and several single-family detached homes.As
this project is within an area surrounded by primarily single family detached homes, it will
contribute to the variety of housing type.
• Avoid the concentration of any one housing type or lot size in any geographical area;provide
for diverse housing types throughout the City. (2.01.01G)
As mentioned above, this proposal would allow for a more diverse type of housing.
• With new subdivision plats,require the design and construction of pathway connections, easy
pedestrian and bicycle access to parks, safe routes to schools, and the incorporation of usable
open space with quality amenities"(2.02.01A).
The proposed plat depicts 5'sidewalks on both sides of all local roads. A 5'detached
sidewalk runs along Black Cat Rd. and connects to a sidewalk of the same width at the Brody
Square Subdivision to the north, and there is a 5'detached sidewalk along W. McMillian
which is the same width as the pathway along W. McMillan Ave provided by the Oakwinds
Page 5
Page 199
Item#13.
and Oaks Subdivisions to the west. The sidewalks will result in both external and internal
multi-modal connectivity.
• "Permit new development only where it can be adequately served by critical public facilities
and urban services at the time of final approval, and in accord with any adopted levels of
service for public facilities and services." (3.03.03F)
City water and sewer service is available along Black Cat Road and can be extended by the
developer with development in accord with UDC 11-3A-21.
• Require urban infrastructure be provided for all new developments, including curb and gutter,
sidewalks,water and sewer utilities. (3.03.03G)
The applicant will dedicate right-of-way for future widening of N. Black Cat Rd. and W.
McMillian Rd, will construct all internal roadways, and will construct detached sidewalks of
S'in width. Curb and gutter is not being constructed along N. Black Cat Rd or W. McMillian
Rd at this time due to the future plans for ACHD to widen both these roads. Water and sewer
will be provided by 8-inch mains constructed in 2021 in the stub street from the Brody Square
subdivision to the north.
• "Require pedestrian access in all new development to link subdivisions together and promote
neighborhood connectivity."(2.02.01D)
Detached sidewalks are proposed on both side of all internal streets. Sidewalks will be
completed to the terminus of the stub street to the east and the border of the property to the
north (to Brody Square) which would connect to any future development.A 5'detached
sidewalk is proposed along the length of the development paralleling Black Cat Road and a
S'detached sidewalk is proposed along W. McMillian Rd.
"Reduce the number of existing access points onto arterial streets by using methods such as
cross-access agreements, access management, and frontage/backage roads, and promoting
local and collector street connectivity"(6.01.0213).
Two points of access are proposed, both from local streets. There will be a northern access
via N. Brody Ave. which will connect to W. Daphne St in the Brody Square Subdivision and to
N. Black Cat Rd. or W. McMillian Rd. An eastern stub is proposed to provide access if the
properties to the east are development(presently in unincorporated Ada County).
D. Existing Structures/Site Improvements:
There is an existing mobile home on the property which will be removed.
E. Proposed Use Analysis:
The applicant proposes single-family attached and detached homes,which are listed as a principal
permitted use in the R-15 zoning district per UDC Table 11-2A-2.
F. Dimensional Standards(UDC I1-2):
The preliminary plat and future development is required to comply with the dimensional
standards listed in UDC Table 11-2A-7 for the R-15 district. All lots meet the minimum 2,000 sq.
ft.requirements, and future structures should comply with the minimum setbacks of the district.
UDC 11-6C-3-regulates block lengths for residential subdivisions. Staff has reviewed the
submitted plat for conformance with these regulations. The intent of this section of code is to
ensure block lengths do not exceed 750 feet, although there is the allowance of an increase in
block length to 1000 feet if a pedestrian connection is provided.
Page 6
Page 200
Item#13.
W. Riva Capri Ct. (the internal road)is approximately 575 feet in length. This exceeds the
maximum of 500' for dead end streets. However,UDC 11-6C-3-B-4 allows the City Council to
approve dead-end streets up to 750' in length where a pedestrian connection is provided from the
street to an adjacent existing or planned pedestrian facility. A pedestrian connection is provided
from the end of the cul-de-sac to the sidewalk along W.McMillian Rd.
G. Access(UDC 11-3A-3,
Two accesses are proposed for this property. The first is a 33' wide internal street which will
connect to the Brody Square Subdivision to the north. The second is a stub street to the
undeveloped property to the east(presently in unincorporated Ada County). Only one street will
serve the internal development—W. Riva Capri Ct-which ends in a cul-de-sac.
N. Black Cat Road, an arterial road, is presently improved with two travel lanes and transitions to
three travel lanes at the site's north property line. There is no curb, gutter or sidewalk on the east
side along the subject property although it is improved with detached sidewalk on the west. The
applicant proposes to dedicate right-of-way,widen the pavement, and construct a 5-foot detached
sidewalk that will connect to one of the same width at the Brody Square Subdivision to the north.
W. McMillian Rd. an arterial road,is improved with 2 travel lanes and no curb,cutter or
sidewalk. A roundabout is planned for the McMillan/Black Cat intersection. The applicant
proposes to dedicate right-of-way,widen the pavement and construct a 5-foot detached sidewalk.
ACHD reviewed this proposal and in a staff report dated November 13, 2020 stated the project is
anticipated to generate approximately 210 additional trips per day and supports the project as
proposed. Meridian Fire has responded the project meets all required access,road widths and
turnarounds.
Common Driveways(UDC 11-6C-3):No common driveways are proposed with this
development.
H. Parking(UDC HI-3C):
Off-street parking is required to be provided for single-family attached based on the number of
bedrooms per unit(i.e. 2, 3 and 4 bedroom units require 4 per dwelling unit with at least 2 in an
enclosed garage, other spaces may be enclosed or a minimum 10' x 20' parking pad)in accord
with the standards listed in UDC Table 11-3C-6.All elevations show at least two car garages, and
the landscape plan shows parking pads of least 20' x 20'in front of the single family attached.
The applicant has provided a parking exhibit. The parking plan provides a 33' local street section
which allows for additional on-street parking of up to 30 on-street spaces. This on-street parking
does not count toward meeting minimum requirements. ACHD and Meridian Fire have both
reviewed the plan and have not expressed concerns.
I. Pathways ( UDC 11-3A-8):
The development proposes one 5' micro-pathway connecting the cul-de-sac to the common open
space in Lot 17,Block 2. However,because it is proposed within the common open space it
would still count as useable open space. The micro-pathway does appear to meet the tree
requirement of at least 100 tree per hundred linear feet as required by UDC 11-3B-12.
J. Sidewalks(UDC I1-3A-17):
Detached sidewalks are proposed throughout the development on both sides of all roads and meet
the minimum 5' width of UDC 11-3A-17.
Page 7
Page 201
Item#13.
K. Parkways (UDC 11-3A-1 :
Parkways are shown on the landscape plan adjacent to the detached pathways along the N. Black
Cat Rd. and W. McMillian Rd. frontages as well as along internal sidewalks. The parkways
exceed the minimum requirement of 8' in width and are landscaped with turf.
L. Landscaping(UDC 11-3B):
The landscape plan reflects 26,749 sq. ft. of open space (12.36%).This includes 25' wide arterial
buffers, 8-foot parkways on the internal streets, a 5,611 square foot common lot, and 6,844 sq. ft.
stormwater facility.As required by UDC 11-3B-5-3, when more than 50 trees are required,there
shall be at least 5 species of trees. 8 species of trees are proposed.
The landscape plan indicates 5 trees totaling 68 inches will be removed which require mitigation.
34 trees at 2"caliper will be planted equaling 68 inches.
M. Qualified Open Space (UDC 11-3G):
The applicant provided an open space exhibit as well as open space calculations on the landscape
plan. The landscape plan reflects 12.36% of qualified open space. This includes several linear
open spaces of at least twenty feet(20') and longer than fifty feet(50')with accesses at both ends
and landscaped at as required per UDC 11-3G-3-E. A 5,611 sq. ft. landscaped common lot is also
proposed.
Staff is not confident this project actually proposes 12.36%of qualified open space. The Open
Space Exhibit indicates the entire parkways along the internal sidewalks being credited,but
driveways cannot be included in this total. Also,only%of the required arterial buffers can be
counted, and the applicant is counting both %2 of the buffers and the parkways within these
required buffers as qualified open space. Finally, a round-about is proposed at the N. Black Cat
Rd/W. McMillian Rd intersection, and the landscape plan suggests the open space is being
counted prior to the round-about construction. It is possible some of the landscaping as shown
will be removed with the road project.
UDC 11-3G-1 requires at least 10% of qualified common open space and site amenities when a
development is more than 5 acres in size. This property is less than 5 acres and therefore would
not be required to meet UDC 11-3G-1. However, at a July 20,2020 Pre-Application meeting,
staff informed the applicant that in order for staff to support the density as proposed,the
development should include high-quality and useable amenities as part of project. The
development as proposed includes a 5,611 common open space which contains a sitting area and
benches located directly on an arterial intersection, and a 6,844 sq. ft. stormwater facility. It is
staff s opinion this development does not include quality useable open space or amenities. Staff
recommends that prior to City Council meeting,the plat and landscape plan be revised to merge
Lots 28 and 29 of Block 1 into Lot 30,Block 1 and provide a quality amenity and useable open
space.
N. Qualified Site Amenities (UDC 11-3G)
As mentioned above,the proposal includes a 5,611 sq. ft. common lot with a shade structure and
benches located directly on an arterial intersection. Although the UDC does not require common
open space or amenities for developments of less than 5 acres,the applicant is requesting the City
annex this property(there are presently no City entitlements) at a density at the high end of the
density range recommendations. Staff has informed the applicant that if a higher density is
proposed, quality open space and amenities should be provided. Staff does not believe this
development includes high quality or useable open space or amenities that justifies higher
density.
Page 8
Page 202
Item#13.
O. Waterways(UDC 11-3A-ft
The applicant has mentioned an irrigation lateral runs along the southern property line, adjacent
to SW.McMillian Ave. The applicant shall comply with the provisions for irrigation ditches,
laterals,canals and/or drainage courses, as set forth in UDC 11-3A-6.
P. Fencing(UDC 11-3A-6, 11-3A-7):
All fencing constructed on the site is required to comply with the standards listed in UDC 11-3A-
7. A 6-foot tall solid vinyl fence is proposed along the periphery of the property and along the
rear lot line of all single-family units. At least one side of all common open spaces does not have
any fencing. If fencing is proposed, all fencing abutting pathways and common open space lots
not entirely visible from a public street shall be open style of up to six feet(6) in height or closed
vision fencing not exceeding four feet(4') in height as required by UDC 11-3A-7.
Q. Utilities (UDC 11-3A-21):
Connection to City water and sewer services is proposed. Water and sewer will be provided by fl-
inch mains constructed in 2021 in the stub street from the Brody Square subdivision to the north.
Street lighting is required to be installed in accord with the City's adopted standards,
specifications and ordinances.
R. Building Elevations(UDC 11-3A-19 I Architectural Standards Manual):
Conceptual building elevation renderings were submitted for the future detached and attached
homes within the development.All housing types are proposed at two story,with clapboard or lap
siding, dormers and gabled roofs. Overall,the elevations proposed are satisfactory but do not
include elevations of the sides or rears of structures. As many of the houses will be very visible
from N. Black Cat Rd. and W. McMillan Rd. staff recommends a condition that the rear and/or
sides of 2-story structures on Lot 18 of Block 1 and Lots 2-16 of Block 2 that face N. Black Cat
Road and W. McMillan Rd. incorporate articulation through changes in two or more of the
following: modulation(e.g.projections,recesses, step-backs,pop-outs),bays,banding,porches,
balconies,material types,or other integrated architectural elements to break up monotonous wall
planes and roof lines. Single-story structures are exempt from this requirement. Planning approval
will be required at time of building permit. Also,Per UDC 11-513-8, administrative design review
will be required for all new attached residential structures containing two (2) or more dwelling
units.
VI. DECISION
A. Staff:
Staff recommends approval of the requested annexation,zoning to R-15 and preliminary plat for
this property with the conditions noted in Section VII.per the Findings in Section IX.
B. The Meridian Planning&Zoning Commission heard this item on December 17,2020. At the
public hearing,the Commission moved to approve the subject annexation and preliminaa plat
request.
1. Summary of the Commission public hearing_
a. In favor: Matt Schultz,
b. In opposition:None
C. Commenting: Matt Schultz
d. Written testimony: None
e. Staff presenting application: Alan Tiefenbach
f. Other Staff commenting on application: Bill Parsons
Page 9
Page 203
Item#13.
2. Key issue(s)of public testimony
a. Representative of the Beach Lateral Water Users Association commented the ditch
along W. McMillian was an important source of irrigation and wanted to ensure there
was no interruption or impact on services.
b. Property owner east of the site at 4520 W.McMillan Ave commented their property
shares a property line with much of the subject property actively graze livestock
and wanted to make sure there was a fence or other barrier preventing impacts to their
livestock.
3. Key issue(s)of discussion by Commission:
a. Discussed whether enough open space was being provided for this project.
b. Discussed the future round-about and how much landscaping would be lost.
c. Discussed how the retention pond would be constructed and whether it would be a
legitimate open space area.
d. Discussed whether internal sidewalks could be extended to connect to N. Black Cat Rd.
e. Discussed how the lot lines of Lots 18-29 Block 1 did not line LIP with the lots of the
adjacent BrodySquare Subdivision to the north and whether abetter transition could be
provided.
f. Discussed whether additional open space could be provided by using Lot 1,Block 2 as
open space verses a building lot.
g_ Discussed whether additional open space could be provided to all lots by converting the
detached sidewalks to attached with no parkways and increasing rear setbacks to 20'
versus 12'.
4. Commission change(s)to Staff recommendation:
a. Align Lots 18-29,Block 1 with adjacent northern lots in Brody Square Subdivision to
provide better transition.
b. Applicant shall increase quality pen space and amenities by one or both options:
1. Work with Brody Square representatives to locate a playground amenity, in the
central park in Lot 9,Block 3 and allow shared open space and amenities for
residents of both subdivisions.
2. Convert Lot 1,Block 2 of Daphne Square Subdivision into common open space.
C. Detached sidewalks shall be converted to attached sidewalks with parkways eliminated
along internal roads and rear setbacks of all building lots shall be increased from 12' to
20'.
C. The Meridian City Council heard these items on January 19, 2021. At the public hearing the
Council approved the subject annexation,zoning and preliminary plat request.
1. Summary of the City Council public hearing
a. In favor: Matt Schultz
b. h opposition:None
C. Commenting: Matt Schultz
d. Written testimony:None
e. Staff presenting application: Alan Tiefenbach
£ Other Staff commenting on application:None
2. Key issue(s)of public testimony:
a. None
3. Key issue(s)of discussion by City Council:
a. None
4. City Council change(s)to Commission recommendation.
a. Removed Planning Commission recommendation to align Lots 18-29.Block 1 with
adjacent northern lots in Brody Square Subdivision to provide better transition.
Page 10
Page 204
Item#13.
EXHIBITS
A. Revised Preliminary Plat(date: 1/11/2021)
Updated since Planning Commission—moved detention pond adjacent to cul-de-sac open
space, reflected open space configuration after construction of round-about, converted all
sidewalks from detached to attached, reduced three lots on east side of N.Brody Ave from 3
lots to two lots.
a r
Itit '
ry J
IT
c7L �w G)l
I
I T-M I IC
� 1
s— ---- _ - a—• _ r
cllwc PLIFG G•4.. .X• .Ic ,...ME Ts. F1-
•. Gi�E •i-
T F Q. Ji-
Page I I
Page 205
Item#13.
B. Revised Landscape Plan (date:1/7/2021)
Ll
N
P
t
... .......
Nl;':
�_A
175p-
115� I 1 -1
C. Revised Color Landscape Plan (date: 1/8/2021)
1� 17 1
h II
RIVA CAPRI STRFFT
I I I
W.MCMILLAN ROAD-------
Page 12
Item#13.
D. Revised Qualified Open Space Exhibit(date: 1/7/2021)
CITY OF MERIDIAN
SINGLE FAMILY (R-1 :5) OPEN SPACE
REQUIREMENTS
QUALIFIED OPEN SPACE
kW OPBa SPACE R801RED Tc=M' "'"' RL6dl�i PRCMDM,
R`U`O OMIL',d`+�ak'? ��#� y fa9(�At3 IW41 091,bC4
f3m A� IC6h WAk
LANDSCAPE LEGEND
.r1�Urfa ter.
I � �
1
I 1 I I I 1 I J I I I I I I r
dy
i
f�
KIVA LAPRI STREET
I FT I FFJ 1
r
I � I I 1 I I # I I I r I I I I I
1
A:4'TERKL BUF=ER- J
1
Page 13
Page 207
Item#13.
E. Daphne Square/Brody Square Amenity Exhibit Demonstrating Option One and Option
Two as recommended by Planning Commission. (date 1/10/2021)
i ■
i --
■
i ■
■
r ■
y
■ i
i ■
i ■
■ P �
■ OPTION 1 !
i
■
i ■
■
� a
IN
■
■ � A
!�i I■*I I milli ■I* I■ I ■-I■�l*■ ■ ■m No,;
■ I I ■
■
[:lI-CIE OPTION 2
�,I dL'I'•.rIFF
j t
■
I %d c V I i L.A\1
himmIumImml molmmimmimmim MIN MIN MIN MIN MIN MIN MIN a,
5
Page 14
Page 208
Item#13.
F. Parking Exhibit(date: 10/5/2020)
25' 35' 30' 30' 30' 30' 30' 30' 30' 30' 30' 30' 30' F 9'
115,
8' PARK STRIPS AND PARKING
M � t
07 PARKING,
30' 30' 30' 3 ' 3 30' 3fl' 30' 30' 3fl' 3fl' 30' 30' 3fl' 35'
BERM a
McMILLAN
DAPHNE SQUARE
30 ON—STREET PARKING SPACES
G. Building Elevations(date: Sept 28,2020)
Page 15
Page 209
Item#13.
H. Annexation Exhibit(date: 10/7/2020)
EXHIBIT_
ANNEXATION AND R-115 ZONING DESCRIPTION FOR
DAPHNE SQUARE SUBDIVISION
A portion of the SVV 114 of the SW 114 of EeGtion 27, T_;4N., R.1W.: B.M.,Aida County,
Idaho more parficuterly described as follows,
BEGINNING at the SW comer of said Section 27 frorn which the 3N1/4 comer of saved
Section 27 bears. North OD'31'08' East, 2637.33 feet
fence along the VVest boundary line of said Bectinn 27 North W"31'06" East, 329.50
feet a angle poird in the eAerior boundary lire of 61ack Cat Estates Subdivision No- 1 as file in
Book 29 of Plats at Pages 1799 and 179O, records of Ada County, I-daho;
thence along the exterior boundary line of said Black Cat Estates Subdivision No. 7 the
following coursed and distances-
thence lea-ring 3eid VVo8t boundary Ire South 89°'1752" East, 6�0.80 feet,
thence South 00'31'08" W&st. 326.04 Feet tc a point on the South boundary line of said
Section 27
thence aloTig said South boundary line North 89°35'52"West, .81] feet to the REAL
POINT OF BEGINNING. Containing 4.97 acres, more or less.
A
'l 7729
Page 16
Page 210
Item#13.
1/4
S.2' S.27
I
BLACK CAT ESTATES SUB ND_ 1
-�
8917'u2"E 660.80` J
w � r
uC15
m
LO tfl
wa 216591 s.f.
yap Im c c
� m
� BEGINh�II��G
f
,2 8 S.27 W. McMILLAN RD.
SCALE: a 7 729 w
Page 17
Page 211
Item#13.
VII. CITY/AGENCY COMMENTS & CONDITIONS
A. PLANNING DIVISION
1. A Development Agreement(DA) is required as a provision of annexation of this property.
Prior to approval of the annexation ordinance, a DA shall be entered into between the City of
Meridian,the property owner(s) at the time of annexation ordinance adoption, and the
developer.
Currently, a fee of$303.00 shall be paid by the Applicant to the Planning Division prior to
commencement of the DA. The DA shall be signed by the property owner and returned to the
Planning Division within six(6)months of the City Council granting the annexation. The DA
shall, at minimum, incorporate the following provisions:
a. The rear and/or sides of 2-story structures on Lot 18 of Block 1 and Lots 2-16 of Block 2
that face N. Black Cat Road and W. McMillan Rd shall incorporate articulation through
changes in two or more of the following: modulation(e.g.projections,recesses, step-
backs,pop-outs),bays,banding,porches,balconies,material types, or other integrated
architectural elements to break up monotonous wall planes and roof lines. Single-story
structures are exempt from this requirement. Planning approval will be required at time of
building permit.
b. Future development of this site shall be generally consistent with the preliminary plat,
landscape plan and conceptual building elevations for the single-family dwellings
included in Section VIII and the provisions contained herein.
c. If an agreement cannot be reached with the Brody Square Homeowner's
Association(HOA)in regard to locating an additional playground amenity within
Lot 9,Block 3 of the Brody Square Subdivision and sharing amenities and common
open space between the two subdivisions,the applicant shall revise the preliminary
plat to convert Lot 1,Block 2 of the Daphne Square Subdivision into common open
space.
d. Rear setbacks of all homes in Lots 18-29,Block 1 shall be 20'.
2. Pr4EW tO the City GOUfleil MeetiHg,the plat and!andseape plan shall be revised to merge Lots
28 and 29 of Bleek 1 k4e Lot 30,Bleek 1 and provide a quality amenity a-ad useable open
3. Appliennt shall alien lots 18 29,Bloek I with adiaeent northern lots in Brody Squar-e,
4. Detached sidewalks shall be converted to attached sidewalks with parkways
eliminated along internal roads and rear setbacks of Lots 18-29,Block 1 shall be
increased from 12'to 20'.
5. Pr4of to the City Getmeil meeting,the pla4 and landseape plan shall be revised to fefleet the
6. Administrative design review will be required for all new attached residential structures
containing two (2)or more dwelling units.
7. The applicant shall comply with all provisions of 11-3A-3 with regard to access to streets.
Page 18
Page 212
Item#13.
8. The applicant shall construct all proposed fencing and/or any fencing required by the UDC,
consistent with the standards as set forth in UDC 11-3A-7 and 11-3A-6B, as applicable.
9. The development shall comply with standards and installation for landscaping as set forth in
UDC 11-3B-5 and maintenance thereof as set forth in UDC 11-313-13.
10. The plat shall comply with the provisions for irrigation ditches,laterals, canals and/or
drainage courses, as set forth in UDC 11-3A-6.
11. The development shall comply with all subdivision design and improvement standards as set
forth in UDC 11-6C-3, including but not limited to cul-de-sacs, alleys, driveways, common
driveways, easements,blocks, street buffers, and mailbox placement.
12. Off-street parking is required to be provided in accord with the standards listed in UDC Table
11-3C-6 for single-family detached dwellings based on the number of bedrooms per unit.
13. The Applicant shall have a maximum of two(2)years to obtain City Engineer's signature on
a final plat in accord with UDC 11-613-7.
14. The Applicant shall comply with all conditions of ACHD.
B. PUBLIC WORKS
SITE SPECIFIC CONDITIONS:
1. The water main ending at the cul-de-sac should connect to the existing mainline in Black Cat Road
to avoid dead-end main and to provide a dual connection.
2. The geotechnical investigative report for this development,prepared by ATLAS Materials Testing
& Inspection, dated 08/17/2020 indicates some very specific construction considerations, such as
ensuring that the bottom of crawl spaces must be elevated at least 2-feet above seasonal
groundwater elevation,and the installation of foundation drains. Foundation drains are not allowed
to discharge into the sanitary sewer, or the sanitary sewer/water service line trench. The applicant
shall be responsible for the adherence of these recommendations to help ensure that groundwater
does not become a problem within crawlspaces of homes.
GENERAL CONDITIONS:
1. Sanitary sewer service to this development is available via extension of existing mains adjacent to
the development. The applicant shall install mains to and through this subdivision; applicant shall
coordinate main size and routing with the Public Works Department, and execute standard forms
of easements for any mains that are required to provide service. 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. Water service to this site is available via extension of existing mains adjacent to the development.
The applicant shall be responsible to install water mains to and through this development,
coordinate main size and routing with Public Works.
3. All improvements related to public life, safety and health shall be completed prior to occupancy of
the structures. Where approved by the City Engineer, an owner may post a performance surety for
such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC
11-5C-3B.
4. Upon installation of the landscaping and prior to inspection by Planning Department staff, the
Page 19
Page 213
Item#13.
applicant shall provide a written certificate of completion as set forth in UDC 11-313-14A.
5. A letter of credit or cash surety in the amount of 110%will be required for all incomplete fencing,
landscaping, amenities,pressurized irrigation,prior to signature on the final plat.
6. The City of Meridian requires that the owner post with the City a performance surety in the amount
of 125% of the total construction cost for all incomplete sewer, water 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 applicant shall be required to enter into a Development Surety Agreement with the City
of Meridian. 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.
7. 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, and water infrastructure for a duration
of two years. This surety amount will be verified by a line item final cost invoicing 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.
8. In the event that an applicant and/or owner cannot complete non-life, non-safety and non-health
improvements,prior to City Engineer signature on the final plat and/or prior to occupancy,a surety
agreement may be approved as set forth in UDC 11-5C-3C.
9. 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.
10. 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.
11. Applicant shall be responsible for application and compliance with any Section 404 Permitting that
may be required by the Army Corps of Engineers.
12. Developer shall coordinate mailbox locations with the Meridian Post Office.
13. All grading of the site shall be performed in conformance with MCC 11-1-4B.
14. 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.
15. The 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.
16. 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.
17. 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.
18. Street light plan requirements are listed in section 6-7 of the Improvement Standards for Street
Page 20
Page 214
Item#13.
Lighting (http://www.meridiancity.org/public_works.aspx?id=272). All street lights shall be
installed at developer's expense. Final design shall be submitted as part of the development plan
set for approval, which must include the location of any existing street lights. The contractor's
work and materials shall conform to the ISPWC and the City of Meridian Supplemental
Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator
at 898-5500 for information on the locations of existing street lighting.
19. The applicant shall provide easement(s)for all public water/sewer mains outside of public right of
way (include all water services and hydrants). The easement widths shall be 20-feet wide for a
single utility,or 30-feet wide for two. The easements shall not be dedicated via the plat,but rather
dedicated outside the plat process using the City of Meridian's standard forms. The easement shall
be graphically depicted on the plat for reference purposes. Submit an executed easement (on the
form available from Public Works),a legal description prepared by an Idaho Licensed Professional
Land Surveyor,which must include the area of the easement(marked EXHIBIT A)and an 81/2"x
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
signature of the final plat by the City Engineer.
20. Applicant shall be responsible for application and compliance with and NPDES permitting that
may be required by the Environmental Protection Agency.
21. 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 Water Department at(208)888-
5242 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.
22. Any existing septic systems within this project shall be removed from service per City Ordinance
Section 9-1-4 and 9 4 8. Contact the Central District Health Department for abandonment
procedures and inspections.
23. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water(MCC 9-1-28.C.1).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
development plan approval.
24. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting,
crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC
11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42-1207 and any
other applicable law or regulation.
C. COMMUNITY DEVELOPMENT (SCHOOLS ANALYSIS)
https://weblink.meridianciU.ory/WebLink/Doc View.aspx?id=216458&dbid=0&repo=Meridian C
hty
D. ACHD
https://weblink.meridianciU.ory/WebLink/Doc View.aspx?id=216805&dbid=0&repo=Meridian C
Lty
D. MERIDIAN POLICE DEPARTMENT
https://weblink.meridiancit�org/WebLink/Doc View.asp x?id=216307&dbid=0&repo=MeridianC
ky
Page 21
Page 215
Item#13.
E. MERIDIAN FIRE DEPARTMENT
https://weblink.meridianciU.org/WebLink/DocView.aspx?id=215774&dbid=0&repo=MeridianC
ky
F. ADA COUNTY
https://weblink.meridiancity.org/WebLink/Doc View.aspx?id=215849&dbid=0&repo=MeridianC
ky
G. DEPARTMENT OF ENVIRONMENTAL QUALITY
https://weblink.meridiancity.org/WebLink/Doc View.aspx?id=216378&dbid=0&repo=Meridian C
ky
H. SETTLERS IRRIGATION
https://weblink.meridiancity.org/WebLink/DocView.aspx?id=216404&dbid=0&repo=MeridianCi
ty
Page 22
Page 216
Item#13.
VIII. FINDINGS
A.Annexation and/or Rezone(UDC 11-513-3E)
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 annexation of the subject site with an R-I5 zoning designation is consistent with the
Comprehensive Plan MDR FLUM designation for this property if the Applicant complies with the
provisions in Section VII.
2. The map amendment complies with the regulations outlined for the proposed district, specifically
the purpose statement;
Council finds the lot sizes proposed combined with the housing types proposed will be consistent
with the purpose statement of the residential districts in that a range of housing opportunities will
be provided consistent with the Comprehensive Plan.
3. The map amendment shall not be materially detrimental to the public health, safety, and welfare;
Council finds that the proposed zoning map amendment should not be detrimental to the public
health, safety, or welfare. Council considered any oral or written testimony that was provided
when determining this finding.
4. The map amendment shall not result in an adverse impact upon the delivery of services by any
political subdivision providing public services within the city including,but not limited to, school
districts; and
Council finds that the proposed zoning amendment will not result in any adverse impact upon the
delivery of services by any political subdivision providing services to this site.
5. The annexation(as applicable)is in the best interest of city
Council finds the proposed annexation is in the best interest of the City if the property is
developed in accord with the provisions in Section VII.
B.Preliminary Plat(UDC 11-611-6)
In consideration of a preliminary plat,combined preliminary and final plat, or short plat,the
decision-making body shall make the following findings: (Ord. 05-1170, 8-30-2005, eff. 9-15-
2005)
1. The plat is in conformance with the comprehensive plan and is consistent with this unified
development code; (Ord. 08-1372, 7-8-2008, eff. 7-8-2008)
Council finds the proposed plat is generally in conformance with the UDC if the Applicant
complies with the conditions of approval in Section M.
2. Public services are available or can be made available and are adequate to accommodate the
proposed development;
Council finds public services can be made available to the subject property and will be
adequate to accommodate the proposed development.
Page 23
Page 217
Item#13.
3. The plat is in conformance with scheduled public improvements in accord with the city's
capital improvement program;
Council finds the proposed plat is in substantial conformance with scheduled public
improvements in accord with the City's CIP.
4. There is public financial capability of supporting services for the proposed development;
Council finds there is public financial capability of supporting services for the proposed
development.
5. The development will not be detrimental to the public health, safety or general welfare; and
Council finds the proposed development will not be detrimental to the public health, safety or
general welfare.
6. The development preserves significant natural, scenic or historic features. (Ord. 05-1170, 8-
30-2005, eff. 9-15-2005)
Council is unaware of any significant natural, scenic or historic features that need to be
preserved with this development.
Page 24
Page 218