Pearson Subdivision H-2020-0075 (2021-03892) ADA COUNTY RECORDER Phil McGrane 2021-038392
BOISEIDAHO Pgs=27 NIKOLA OLSON 03/10/2021 12:19 PM
CITY OF MERIDIAN, IDAHO NO FEE
.-xDDENDUM TO DEVELOPMENT AGREEMENT
PARTIES: I City of Meridian
2. Mary Taysom. Owner
3. Melanie Pearson, Developer.
THIS ADDENDUM TO DEVELOPMENT AGREEMENT is dated this 9th day
sfj March 2021,("ADDENDUM"),by and between City of Meridian,a municipal
comoration of the State of Idaho("CITY"),whose address is 33 E. Broadway Avenue,Meridian,
Idaho 83642 and Mary Taysom, ("OWNER") whose address is 175 W. Paint Horse Lane,
Meridian,ID 83642 and Melanie Pearson("DEVELOPER")whose address is 1717 N.7th Street
Boise.ID 93702.
RECITALS
A. CITY and OWNER and/or DEVELOPER entered into that certain,
Development Agreement that was recorded on January 28,2016 in the real propertyrecords of Ada
County as Instrument No. 2016-007442 ("DEVELOPMENT AGREEMENT").
B. CITY and OWNER and/or DEVELOPER now desire to amend the
Development Agreement, which terms .have been approved by the Meridian City Council in
accordance with Idaho Code Section 67-651 1k,
NOW.THEREFORE,in consideration of the covenants and conditions set forth
herein the parties agree as follows:
1. OWNER/DEVELOPER shall be bound by the terms of the Development, except as
specifically amended as follow_s�
S. CONDITIONS GOVERNING DE VEL OPMENT OF SUBJECT PROPER TY.-
5.1 Owner/Developers shall develop the Property in accordance with the following
special conditions:
a. This development is not currently serviceable by Meridian Sanitary Sewer or
Water Systems. The parcel owners shall be required to cease using their wells
and septic systems and connect at their expense, to the Meridian Sanitary Sewer
or Water Systems when they become available per MCC 9-1-4 and 9-4-&
ADDENDUM TO DEVELOPMENT AGREEMENT-H-2020-0098—PEARSON SUBDrVISION Page lof4
Item#13.
b. Prior to City Engineer's signature on the final plat, the Applicant shall enter into
Connection Agreement with the City of Meridian in accord with the
i:onnection waiver letter attached in Exhibit VH.D of the Staff Report attached
to the Findings of Fact and Conclusions of Law attached hereto as Exhibit"A_",
c. The applicant shall place W. Paint Horse Lane (a private road) in a separate 56-
Zoot wide non-buildable lot for the construction of a public collector street in
accordance with the Master Street Map. Timina for the extension of the
roadway is predicated on the redevelopment of the parcel bevond two residential
lots or with the redevelopment of the MU-R designated parcels to the north. At
the time said roadway is constructed,the Applicant shall relinquish their rights
L11YL LIz\+lYl�"IlI LCIDl,I1Ili11L III 1"V\71 V1 �LY1111IL uliVt�OD 1 Vlll G 111EU1V�JUVllV 0LIVV L.
2. That Owner/Developer agrees to abide by all ordinances of the City of Meridian and the
Property shall be subject to de-annexation ifthe Owner and/or Developer,or their assigns,heirs.or
successor shall not meet the conditions of this Addendum, and the Ordinances of the City U
Meridian as herein provided.
3. This Addendum shall be binding upon and insure to the benefit of the parties' respective
heirs. successors, assigns and personal representatives,including City's corporate authorities and
their successors in office. This Addendum shall be binding on the Owner and/or Developer of the
Property, each subsequent owner and any other person(s) 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 hereon 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 Addendum if City, in its sole and reasonable discretion. had
determined that Owner/Developer have fully performed its obligations under this Addendum_
4. If any provision of this Addendum is held not valid by a court of competent jurisdiction,
such provision shall be deemed to be excised from this Addendum and the invalidity thereof shall
not affect any of the other provisions contained herein.
5. This Addendum sets forth all promises, inducements, agreements, condition. and
understandings between Owner and/or Developer and City relative to the subject matter herein,and
there are no promises, agreements, conditions or under-standing,either oral or written, express or
implied, between Owner and/or Developer and City, other than as are stated herein. Except as
herein otherwise provided, no subsequent alteration, amendment, change or addition to this
Addendum 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.
a. Except as herein provided, no condition governing the uses and/or conditions
governing development of the subject Property herein provided for can be
modified or amended within the approval of the City Council after the City has
conducted public hearing(s)in accordance with the notice provisions provided
ADDENDUM TO DEVELOPMENT AGREEMENT-H-2020-0098—PEARSON SUBDIVISION Page 2 of
Page 218
Item#13.
for a zoning designation and/or amendment in force at the time of the proposed
amendment.
6. This Addendum shall be effective as of the date herein above written.
7 F.xrent�c�mPnr�P.t�}���thic A r1rlPnr�itm all t?rmc of the r►rPvinnc A urPPmPntc chap rPmars
in full force and effect.
ACKNOWLEDGMENTS
IN WITNESS WHEREOF,the narties have herein executed this Addendum and
made it effective as hereinabove Drovided.
OWNER: DEVELOPER:
4�
ary Tay om Melanie Pearson
CITY OF MERIDIAN Attest:
Mayor Robert E. Simison 3-9-2021 Chris Johnson, City Clerk 3-9-2021
ADDENDUM TO DEVELOPMENT AGREEMENT-H-2020-0098—PEARSON SUBDIVISION Page 3 of4
Page 219
Item#13.
STATE OF IDAHO 1
ss.
County of Ada )
On this day of ,.2021,before me,the undersigned,a Notary Public in and for
said State. personally appeared Mary Taysom known or identified to me to be the person who executed the above
agreement.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year in this
certificate first above written. --
l�yl@0 Sieber' Not P lic
Notary Public t ' at: t�l���
State Of Idaho v mmission exnires: , she.. 2�, '-1 4
L
188iGn No, 2818-1169
STATE OF IDAHO
ss.
County of Ada
On this 3 day of_ FQ.b r �..��,2021,before me,the undersigned,a Notary Public in and for
said State,personally appeared Melanie Pearssoit4mown or identified to me to be the person who executed the above
agreement.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year in this
certificate first above written.
MELISSA A.LEWIS Q
COMMISSION#20180589
NOTARY PUBLIC Notary Public for Idaho
STATE OF IDAHO Residing at e
W COMMISSION EXPIRES 04/03/2024 My commission expires: 4 1 p 3 2-0 2-4
STATE OF IDAHO j
ss
County of Ada j
On this 9th day of March 12021,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
ctc.lC.l1U 40'1Cl.f�'GU 1U 111G UItU OUG11 t ItV GKCGU[CU mu 0Q211:-
IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year in
tbic rrrtifirata first nhni7r, -itt
CHARLENE WAY
COMMISSION#67390 Notary Public for Idaho
NOTARY PUBLIC
IDAH
STATE OF IDAHO Residing at: Meridian,Idaho
MY COMMIS&ON EXPIRES 3128122 Commission expires: 3-2R-2022
ttem#93. EXHIBIT A
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW E IDIAN
AND DECISION R ORDER
In the Matter of the Request for combined preliminary and final plat consisting of 2 building lots
and 2 common lots on 3.98 acres of land in the R-4 zoning district and Development Agreement
Modification to allow the development of the property with one additional residential lot and
specify the requirements for the connection of city services to existing and future residential
structures for Pearson Subdivision, by Melanie Pearson.
Case No(s). H-2020-0075
For the City Council Hearing Date of: October 13,2020 (Findings on October 27,2020)
A. Findings of Fact
I. Nearing Facts (see attached Staff Report for the hearing date of October 13. 2020, incorporated
by reference)
2. Process Facts(see attached Staff Report for the hearing date of October 13,2020, incorporated by
reference)
3. Application and Property Facts(see attached Staff Report for the hearing date of October 13,
2020, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of October 13,2020, 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 S I I-5A.
4. Due consideration has been given to the comments) received from the governmental
subdivisions providing services in the City of Meridian planning.jurisdiction.
5. It is found public facilities and services required by the proposed development will not impose
expense upon the public if the attached conditions of approval are imposed.
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(PEARSON SUBDIVISION—FILE#H-2020-0075) I - Page 221
Item#13.
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of October 13,2020, 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 combined Preliminary/Final Plat and Development Agreement
Modification is hereby approved per the conditions of approval in the Staff Report for the
hearing date of October 13,2020,attached as Exhibit A.
D. Notice of Applicable Time Limits
Notice of Preliminary Plat Duration
Please take notice that approval of a preliminary plat,combined preliminary and final plat,or
short plat shall become null and void if the applicant fails to obtain the city engineer's signature
on the final plat within two(2)years of the approval of the preliminary plat or the combined
preliminary and final plat or short plat(UDC 11-6B-7A).
In the event that the development of the preliminary plat is made in successive phases in an
orderly and reasonable manner, and conforms substantially to the approved preliminary plat,
such segments, if submitted within successive intervals of two(2)years,may be considered for
final approval without resubmission for preliminary plat approval(UDC 11-6B-7B).
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11-6B-7.A,the Director may authorize a single extension of time to obtain the City
Engineer's signature on the final plat not to exceed two(2)years. Additional time extensions up
to two(2)years as determined and approved by the City Council may be granted. With all
extensions,the Director or City Council may require the preliminary plat,combined
preliminary and final plat or short plat to comply with the current provisions of Meridian City
Code Title 11. If the above timetable is not met and the applicant does not receive a time
extension,the property shall be required to go through the platting procedure again(UDC 1I-
6B-7C).
Notice of Conditional Use Permit Duration
Please take notice that the conditional use permit,when granted, shall be valid for a maximum
period of two(2)years unless otherwise approved by the City. During this time,the applicant
shall commence the use as permitted in accord with the conditions of approval, satisfy the
requirements set forth in the conditions of approval, and acquire building permits and
commence construction of permanent footings or structures on or in the ground. For
conditional use permits that also require platting,the final plat must be signed by the City
Engineer within this two(2)year period.
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11-5B-6.G.1,the Director may authorize a single extension of the time to commence the
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(PEARSON SUBDIVISION—FILE#H-2020-0075) -2-
Page 222
Item#13.
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 I I(UDC 1]-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 67-651 IA. The development
agreement may be initiated by the city or applicant as part of a request for annexation and/or
rezone at any time prior to the adoption of findings for such request.
A development agreement may be modified by the city or an affected party of the development
agreement. Decision on the development agreement modification is made by the city council in
accord with this chapter. When approved,said development agreement shall be signed by the
property owner(s)and returned to the city within six(6)months of the city council granting the
modification.
A modification to the development agreement may be initiated prior to signature of the
agreement by all parties and/or may be requested to extend the time allowed for the agreement
to be signed and returned to the city if filed prior to the end of the six (6)month approval
period.
E. Notice of Final Action and Right to Regulatory Takings Analysis
l. 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 October 13,2020
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(PEARSON SUBDIVISION—FILE#H-2020-0075) -3- Page 223
Item#13.
October
By action of the City Council at its regular meeting held on the 27th day of
2020.
COUNCIL PRESIDENT TREG BERNT VOTED AYE
COUNCIL VICE PRESIDENT BRAD HOAGLUN VOTED AYE
COUNCIL MEMBER JESSICA PERREAULT VOTED AYE
COUNCIL MEMBER LUKE CAVENER VOTED AYE
COUNCIL MEMBER JOE BORTON VOTED AYE
COUNCIL.MEMBER LIZ ST.RADER VOTED AYE
MAYOR ROBERT SIMISON VOTED
(TIE BREAKER)
2� ��+--
Mayor Robert E. Si iso
Attest:
SFAI
ChrisJohnsa
City Clerk
Copy served upon Applicant,Community Development Department, Public Works Department and City
Attorney.
10-27-2�20
By: Dated:
City Clerk's Office
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(PEARSON SUBDIVISION—FILE#H-2020-0075) -4- Page 224
Item#13.
STAFF REPORT E IDIAN--
COMMUNITY DEVELOPMENT DEPARTMENT
HEARING 10/13/2020 Legend ---'•---_..__�
DATE:
® ProjectLacatic•i
TO: Mayor&City Council
FROM: Joe Dodson,Associate Planner
a------
SUBJECT: H-2020-0075
Pearson Subdivision I J�
LOCATION: The site is located at 175 W. Paint Horse
Lane,on the west side of S. Meridian - --_ ' ' J/
Road approximately'/a mile south of
Lake Hazel Road, in the SE '/a of the NE
of Section 01,Township 2N.,Range
I W.
1. PROJECT DESCRIPTION
Request for a combined preliminary and final plat consisting of 2 building lots on 3.98 acres of land
in the R-4 zoning district and a Development Agreement Modification,by Melanie Pearson.
II. SUMMARY OF REPORT
A. Project Summary
Description Details V.1g,e
Acreage 3.98(R-4 zoning district)
Future Land Use Designation Mixed Use Regional
Existing Land Use(s) Residential(one single-family homey
Proposed Land Use(s) Detached Single-family Residential
Lots(#and type;bldg./common) 2 total lots—2 single-family residential(one new lot)
Phasing Plan(#of phases) Proposed as one phase
Number of Residential Units(type 2 units—detached single-family homes
of units)
Density(gross&net) Gross—0.5 dulac.
Open Space(acres,total NIA—Project size is below the 5 acre minimum.
[%]Ibufferlquali bed)
Physical Features(waterways, Rawson Canal—runs along eastern property boundary
hazards,flood plain,hillside) adjacent to Meridian Road(area of minimal flood hazard).
Neighborhood meeting date;#of August 5,2020—no attendees.
attendees:
Distance to nearest City Park(+ 1.6 miles to Discovery Park(76.8 acres in size,roughly 30
size) acres of this park has been developed at this time)
Pagel
Page 225
Item#13. Exhibit R
Description Details pa se
History(previous approvals) H-2015-0019(South Meridian Annexation):❑A Inst.
#2016-007442
B. Community Metrics
Description Details Page
Ada County Highway District
• Staff report�yeslno) Letter received from ACHD
■ Requires ACHD Commission No
Action( wino)
Access(Aterial/CoIlec tors/State Access is proposed via existing W. Paint Horse Lane, a
Hwy/Local)(Existing and Proposed) private drive.No access is proposed to S. Meridian Road
other than via existing access oFPaint Horsc Lane.
Stub StrectllnterconncetivitylCross Other properties use existing W.Paint Horse Lane,no need
Access For stub street access at this time.
Existing Road Network Yes;private lane is existing and no new road dedication is
proposed or required.
Existing Arterial Sidewalks I The subject property has a small area of arterial street
Buffers frontage along S. Meridian Road.There are currently no
improvements along this frontage. There is an existing
berm and buffer.
Proposed Road Improvements Applicant is not proposing nor required to improve any
right-of-way along S.Meridian Road or Paint Horse Lane
at this tune.
Fire Service
No Comments—required turnaround is shown on
ro e
Police Service
No Comments
West Ada School District
No comments were received for this project.
Wastewater
• Distance to Sewer Services NIA
■ Sewer Shed Soutli Slack Cat Trunkshed
■ Estimated Project Sewer Sec application
ERUS
s WRRF Declining Balance t3.96
■ Project Consistent with W W NO—Subdivision will be on septic until utilities are
Master Plan[Facility Plan :available in the area.
■ Additional Comments •Flow has been committed
•Both units fur this subdivision will be on septic.
•No proposed changes to Public.Sewer Infrastructure
within Record. Any changes or modifications.to the Public
Sewer infrastructure.,shall be reviewed and approved by
Public Works.
Water
r Distance to Water Services NIA
• Pressure.Zone ]
• Estimated Project Water See application
ERU's
■ Water Quality Concerns NIA
Page 2
Page 226
Item#13.
Exhibit A
Description Details Page
■ Project Consistent with Water NO—no utilities are proposed with this subdivision as
Master Pian they are not available at this time.
• Impacts/Concerns There are no City utilities located in the area.The City
Engineer will need to review and grant the utility variance
request to not hook up to City water.
C. Project Area Maps
Future Land Use Map Aerial Map
i -_
Legend - "Low DF Legend ,
Project Location Reside 0 Project Location - r
-High-Density
Residential
Med-High -
MU-RG Density
Residenfial '
Medium Density
Residential
-
Zoning,Map Planned Development Map
Legend Legend �� [�
EM.Project -- FETProject Location __-____T —
m R-4 '
i
RUT R•15 c-G JCity Limits
---Planned Parcels
�—. ,
R-4 RUT
R-4
RUT _J
�.
RR - Imo_- _
J
r 1 ,LJ 1 l
RUT-0-2 A ------- --
Cf 2
f R-4 ;
RUT
Page 3
Page 227
Item#13.
Exhibit A
III. APPLICANT INFORMATION
A. Applicant:
Melanie Pearson— 1717 N. T"' Street, Boise,I❑ 83702
B. Owner:
Mary Taysom— 175 W. Paint Horse Lane, Meridian, ID 83642
C. Representative:
Same as Applicant
IV. NOTICING
Planning& Zoning City Council
Posting Date Posting Date
Newspaper Notification 7/17/2020 9/25/2020
Radius notification mailed to
properties within 300 feet 7/14/2020 9/23/2020
Site Posting 7/25/2020 9/23/2020
Nextdoor posting 7/14/2020 9/23/2020
V. STAFF ANALYSIS
To be concise,the subject application is proposing to subdivide one 4 acre lot into two lots for
the purposes of allowing the current owner of the parcel to deed the new lot over to her
daughter so that her and her family are close-by,this includes helping her daughter with her
newborn child.
The subject property was annexed in 2015 as part of a larger annexation known as South
Meridian Annexation (H-2015-0019). There is an existing Development Agreement(DA)
associated with the original annexation and property and this application constitutes
development under City code. In reviewing the existing DA,the Applicant needs to apply for a
Development Agreement Modification prior to the City Council hearing for this combined
preliminary/final plat. Per the existing DA,the first modification is at no cost to the Applicant.
The Applicant has submitted a concurrent DA Modification since being heard at the Planning
and Zoning Commission; the new DA provisions are provided below in Section VIII.AI.
The subject property has also received City Engineer and Public Works Director approval for a
utilities waiver to not connect to City services at this time due to services being more than a half
mile away.Staff finds that making a singular property owner pay for extending City services
for a two lot subdivision is neither fair nor necessary. Central District Health(CDH)has also
approved of an additional temporary well site and septic system—this fact further diminishes
any concern Staff has with the Applicant's application regarding water and sewer services.
Please see further Staff analysis below.
A. Future Land Use Map Designation(hggs:llwit44.�i?ieridiancio,.or corripplai7)
Mixed Use Regional—The purpose of this designation is to provide a mix of employment,retail,
and residential dwellings and public uses near major arterial intersections. The intent is to
integrate a variety of uses together, including residential,and to avoid predominantly single use
developments such as a regional retail center with only restaurants and other commercial uses.
Developments should be anchored by uses that have a regional draw with the appropriate
Page 4
Page 228
Item#13.
Exhibit A
supporting uses. For example, an employment center should have supporting retail uses; a retail
center should have supporting residential uses as well as supportive neighborhood and
community services.
The subject site is part of a large area in south Aleridian with this,fitture land use designation.
However,much of these sites are already zoned R-4.medium-lon,density residential. This
zoning does not allow or offer the Applicant the opportunity to develop the site in accordance
with the future land use designation. Because this site is relativeh,small in comparison to most
mixed use properties, Stafffinds that the mixed use requirements and policies cannot be obtained
at this time. These policies should not be aimed,for at this time due to the fart that r10 other
nearby properties o.,j r atrt,rnix n_f uses and hers=e not been redeveloped since their annexation in
2015—StafI"s review shows all of the nearby propertiev to still be low-density,residential hottres.
There is always the chance that in the future much of this area in south Meridian will redevelop
with larger parcels of land. At that time, it will be up to the proper4;owners to determine if
redevelopment is applicable.
B. Comprehensive Plan Policies[laps:ll►vKlia-.meridiarrcitv.orelcompplan):
The applicable Comprehensive Plan policies are cited below with Staff analysis in italics.
"Avoid the concentration of any one housing type or lot size in any geographical area;provide for
diverse housing types throughout the City"(2.01.01 C). The main purpose of the proposed
development is to create a nnv lot for the Applicant to build a home nearby her mother, the
existing property owner.All ofthe surrounding homes lay on large undeveloped lots riven though
they are annexed into the City. This subdivision will not change the existing character of the
surrounding development and will add an additional single-fantilti home.for the Cit17 ofMeridian.
"Establish and maintain levels of service for public facilities and services, including water, sewer,
police,transportation, schools,fire, and parks"(3.02.01.G). Staff finds that the existing and known:
develop►Went of the immediate area create conditions that do not allow,for this property owner to
connect to Cite water and server services as required try code.Public Works, Meridian Police
Department and Meridian Fire have no objections to this small subdivision. No other serl�ices
should be affected as the existing access is to remain.
"Preserve, protect,and provide open space for recreation, conservation,and aesthetics"
(4,05.0IF), Due to the size v,f the subject property'being less than 5 acres, there are no open
space requirements. However, this application is on1v a two-lot subdivision where a majority,of
each pat-eel will he undeveloped and remain natural space,for each property owner to enjgv.
Although the proposed development does not align entirely with the current vision of the
Comprehensive Plan, the predominate FLUM designation in the area is MU-R.Staff is of the
opinion that it nigy be quite some time before City utilities are available to this area of
Meridian and therefore supports the development of this property as it is consistent with the
current R-4 Toning of fire property: .A min of uses should occur in the vicinity'with the
redevelopment of the adjacent property to the north and east. For these reasons,staff believes
the proposed development is generally consistent with the Comprehensive Plan.
C. Existing Structures/Site Improvements:
The subject site currently holds a single family home on the entire 4 acre parcel owned by the
mother of the Applicant. This property, along with nearby properties,was annexed in 2015
but were not required to connect to City services at that time due to services not being
available.This situation has not changed and because this subdivision is only for the
purposes of creating one additional lot,Staff does not find it appropriate to require this
owner to provide public utilities to their property at this time. However,when services do
Page 5
Page 229
Item#13.
Exhibit A
become available in S. Meridian Road, the Applicant will be required to connect to them as
conditioned in this application and the existing Development Agreement.
D. Proposed Use Analysis:
The proposed use is single-family residential; single-family detached dwellings are listed as
principally permitted uses in the R4 zoning district per UDC Table 11-2A-2. The average lot size
is 2 acres with the largest lot being 2.6 acres in size. The proposed use complies with all UDC
requirements for the R-4 zoning district-
E. Dimensional Standards(UDC 11-1):
The submitted Preliminary Plat and Final Plat show lots that are I.36 and 2.62 acres in size.
These proposed lot sizes are vastly larger than the minimum lot size requirement of 8,000 square
feet for the R-4 zoning district.The existing R-4 zoning district also requires a minimum dwelling
size of 1,400 square feet with the first floor gross area being at least 800 square feet.
The proposed plait meets the UDC dimensional sttandards.far the R-4.zoning district. In addition•
any future home built on the new parcel will be required to meet the rninhw an divelling size
requirements as outlined in UDC Table 11-2A-5_
F. Access(UDC 11-3A-3, II-3H-4):
Access to this development is proposed via an existing private lane,W. Paint Horse Lane. ACHD
is not requiring any public road dedication due to the access not being changed—the subject
application does not warrant a public road or road improvements at this time according to ACHD.
In accord with the existing access, UDC 11-3H-4 requires that if an existing state highway access
has an increase in intensity that it is to be removed upon development or dedicated to ACHD and
be constructed as noted on the Master Street Map(MSM). Paint Horse Lane is shown as a future
collector roadway oil the MSM but the addition of one single-family home does not warrant the
construction of a collector roadway at this time. With the DA Modification the Applicant needs to
apply for prior to City Council,new DA provisions will address this and ensure any future
development meets the required development standards.
As noted above, the subject application is proposing to subdivide one 4 acre lot into two lots and
is proposing to use the evisting access: there is no proposal to add an additional access to the
state highway. Staff and ACHDrand that the existing-private access is strf cient for one
additional single familt,home. Because other abutting properties are not redeveloping at this
titne there is no feasible ware for-the Applicant and owner to coanply with those requirements in
11-3H-4. In addition, adding one home does not warrant sufficient traffic to construct a collector
roadway as shown on the MSM, However, Sta,_ff'understands that should an),more intensive
redevelopment occur on site or surrounding the property, the access will be evaluated.for
compliance with these requirements. 5taffi.s recommending DA provisions be ridded with the DA
Modification application that requires a ttture collector street consistent with the.MSM iflviVien
this or adiacent properties redevelop with more intense asses consistent with tine MU R land use
designation.
G. Pathways(UDC 11-3A-8):
Per UDC 11-3H-4C.4, the Applicant is required to construct a ten(10)foot multi-use pathway
along the frontage that abuts S. Meridian Road(SH 69).The Applicant is not proposing a multi-
use pathway along Meridian Road at this time.
The Parks Department has reviewed this application,fnr the applicability of the required multi-
use pathway along Meridian Road. Per the comments received by Parks(see Section V111.Q, the
Applicant is not required to construct this section of the tnulti-use pathway along Meridian Road.
Page 6
Page 230
Item#13.
Exhibit A
The closestpathtivat,that is currently under construction is adjacent to Prevail Subdivision and is
located approximatelv'1d of'a mile north of this and is on the opposite of Meridian Road. Because
of this, this short.segment of patlnvay would he constructed and then lead to nowhere.far the
foreseeable jiiture. Therefore, Staff is recommending that the Applicant grant a multi-use
pathwa-v easement within the required street baeffer prior to final plat sig►ratcrre. This future
pathway is the only required pedestrian inji astructure at this time due to Paint Norse Lane being
a private large that will likeh,he removed or redeveloped when other, larger nearb3,properties
redei)elop in the_Juture.
H. Sidewalks(UDC 11-3A-17):
No sidewalks are proposed with this development. See pathway analysis above for further
clarification.
As rioted above, the Applicant will be using an existing private easement,jar access and therefore
no streets are being constructed with this application. Sidewalks will be required itr the fitture
with the extension of the collector street as this area redevelops.
1. Landscaping(UDC 11-38).
A 35-foot wide street buffer is required adjacent to S. Meridian Road, a state highway and
entryway corridor, landscaped per the standards listed in UDC Ill-3B-7C. The landscape plait
depicts a 25.1oot wide landscape hufJer instead oj'the required 35 feet. The correct amount oJ'
landscaping and a bermllence combination at least l0'above the height of Aeridian Road
centerline height in accord with UDC 11-3H-RFD is shown on the submitted landscape plans (see
Exhibit VILD). Staff is recommending a condition of approval to correct the width of'the required
landscape bu#er along the state highway—the huffer width shall begin its measurement into the
site at the edge of the ultimate right-of-wav for Meridian RoadJSH 69.
In accord with UDC I 1-313-7C,the required street buffer is to be placed in a common lot and
owned and maintained by a homeowner's association. The nature of this two lot subdivision will
not create a homeowner's association and therefore that requirement cannot he applied in this
case. In addition, the submitted plat and landscape plans do not short-the,street buffer to
Meridian Road in a common lot. Sta f f is recommending a condition of approval to amend the plat
prior to Cit},Council to show this lot in a common lot to be owned and maintained by the
Applicant. Melanie Pearson.
Parallel to Meridian Road, the Rawson canal runs through the eastern edge oJ'the subject site.
The required bu&-landscaping is shown to be outside of the easement.for the Rawson Canal
meeting the Boise Project Board of Control{BPBC)requirements. In addition, the Meridian
Lateral abuts the properly along its southern houndary but is not on the subject.site. The
Applicant is not proposing any landscaping within its easement per the requirements of BPBC.
J. Fencing(UDC 11-3A-6, 11-3A-7):
All fencing is required to comply with the standards Iisted in UDC 1 1-3A-7. The existing fencing
along the boundary of the subject site is shown on the landscape plans. This fence appears to he
open vision fencing and is proposed to be protected in place. In addition, the Applicant is
proposing a 6-foot tall vinyl privacy fence along the top of the proposed landscapebenn.
The existing and proposed fencing appear to meet those standards listed in UDC I1-3A-7.
K. Waterways(UDC 11-3A-6):
The Rawson Canal runs along the eastern boundary of the subject site and appears to already be
tiled. The Applicant has not proposed any improvements within its easement other than shrubs
and grass as allowed by BPBC.
Page 7
Page 231
Item#13.
Exhibit A
Vl. DECISION
A. Staff:
Staff recommends approval of the requested combined preliminary and final plat application per
the Findings in Section IX of this staff report.
B. The Meridian Planning&Zoning Commission heard this item on August 20,2020. At the public
hearing,the Commission moved to recommend approval of the subject combined Prelimina and
Final Plat request.
1_ Summary of Commission public hearing_
a. In favor: Melanie Pearson.Applicant
b. In opposition: None
C. Commenting: Melanie Pearson
d. Written testimony:None
e. Staff presenting application: Joseph Dodson
f. Other Staff commenting on application: None
2_ Key issue(s)of public testimony:
a. None
3. key issues of discussion by Commission:
a. What is the timeline for services being available to the site;
b. Ensuring the Applicant is aware of the potential future costs associated with developing
the site.
4. Commission change(s)to Staff recommendation_
a. None
S. Outstanding issues for Ci Council:
a. None
C The Meridian Cr�t Council heard these_rterns�n 9�tober -�1]20..At the ublic- ad-A= llc
CQww rn�"RPwYe ate s_ubr ct PwDb=d--PrrJ!w uyT jPat Plait_a A-Developmt
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1 Summary of the City Council public hearing=
Ittfavor: Melanie Pearson_Applicant
I opt i_timTone -_
c. Cpmmnting_Nnne
d, Written testimony,Nonc
q. Staff rn esenting apnlication:Joseph Dqdson
f. Other Staff commenting on application: None
?: Kl--y__j- lie wstimonr-
a< Nme
3 Key issues-)of discussion by City C-ua .ncil:
a. None
a +�t��o�r cii change sl t�.�sSian recort�u e�datian
�= Ngatr —
- Page 8
Page 232
Item#13.
Exhibit A
VII. EXHIBITS
A. Preliminary Piat (dated: April 30, 2020)
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Page 233
Item#13.
Exhibit A
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Page 234
Item#13.
Exhibit A
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Page 11
Page 235
Item#13. Exhibit A
C. Landscape Plans(dated: ti!'a ,64020 9/2112020)
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Page 236
Item#13.
Exhibit A
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Page 13
Page 237
Item#13.
Exhibit A
D. Utilities Waiver Letter—City Engineer approval to delay utility hook-up(dated: July 30,2020)
Wyor Rowart E,Simison
E TD A T ` City Cowell Members:
1 1 1� � Treq 8emr Brad Moaglun
U A H Joe Borten Jaasioa Perreault
Luke Cavenar Uz 3trader
MEIN ORANDUM
DATE: July 30.2020
TO: Mayor Robert Simison
Members of the City Council
CC: Wat't'ert Stewart,Jaseph Dodgnn
FROM: Dale Bolthouse
RE: Waiver of water and sewer services cotmection for 175 Painled Horse Ln.
The City of Meridian received an application to develop property at 175 Painted horse La is(see attached
Map). The property'owner has requested a waiver to conuect to the City's water and sewer systems. The
i"Pquestor is dividing their property to add au additional building lot. Tht:property was annexed a few years
ago as part of the larger South Meridian Annexation, The eAsting Property is served with well water and
septic. City water and sewer suryio5 are likely sr,�+eraI years away,
Public Works has reviewed the applfcatisnt information for 175 Paint Horse i.a.along with other supporting
documents.Based on the current distance to existing water and sewer inFastructurc-and the fact the appti ear l
is only requesting a two lot subdivision in ordertn build one additional home,the Public Works Deparunent
supports the request to waive the requirement to connect to the City's water and sewor system.However.we
recommend the property owner enter into a Connection Agreement with the City of Meridian requiring them In
connect to water and sewer services when lbnst seivicra arc adjacent to the property, the Following eouditions
should be included as part of that agreemeol:
• Owner pays the applicable assessinen(fees required to cnnaca at time of coilnettion
■ Own or constructs the water and sewer service connections
• AU other required City of Meridian fees be paid
■ T)cvelopntent meets Planning sod Zoning requircinctns
Please feel free U)wntact Warren Stewart or me ifYou have any questions regarding thN matter.
Dale 8olihuuse
Director of Public Work,
City of Meridian Public Works
Artaclnnent: Map of Request Location
Public Works Qepartrnent.33 E.Broadwa y Avenue,Suite 2DQ,Merldlan,ID 83642
Phone208-898-5500.Fax208-898-9551 .www-meridi6ncity.org
— ——- Page 14 - -
Page 238
Item#13.
Exhibit A
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Page I;
Page 239
Item#13.
Exhibit A
VIII.. CITY/AGENCY COMMENTS & CONDITIONS
A. PLANNING DIVISION
1. The Applicant shall apply for a concurrent Development Agreement Modification application
prior to this application being heard in front of City Council and at a minimum the following
new provisions shall be added to the amended DA:
a. This development is not currently serviceable by Meridian Sanitary Sewer or Water
Systems. The parcel owners shall be required to cease using their wells and septic
systems and connect at their expense,to the Meridian Sanitary Sewer or Water Systems
when they become available per MCC 9-1-4 and 9-4-5.
b. Prior to City Engineer's signature on the final plat,the Applicant shall enter into a
Connection Agreement with the City of Meridian in accord with the connection waiver
letter attached in Exhibit VII,D.
c. The applicant shall place W. Paint Horse Lane(a private road) in a separate 50-foot wide
non-buildable lot for the construction of a public collector street in accordance with the
Master Street Map. Timing for the extension of the roadway is predicated on the
redevelopment of the parcel beyond two residential lots or with the redevelopment of the
MU-R designated parcels to the north. At the time said roadway is constructed,the
Applicant shall relinquish their rights to the use of said casement in favor of taking access
from a future public street.
2_ The final plat included in Section V11,13 is approved as revised.,dale 1 N,3Fil 30 2020 slid!b. Revise plat nate #6 to add. r
the required landseape buffeE stat4i ng at the westeFH edge of tilti mate right of way-
"
P
W. Pain! Her-se Lane io resep,,e this area for-fliakFe publie right of way.
d. Add a plat note that states the fiew eamman lei pla-eed 4Rhieexis(ing W. Paint 140FS
3. The landscape plan included in Section VII.C, dated june 18. 2020 shall be . ed pFiar-to
City Eiigifieer: atuiv en tke p! : September 21. 2020,is approved as submitted.
ki. ReViSe tile laREISC-11re PIOR tS 8118%'a 35 f6Ot Wide WWSERpe Street buffer-
Meridian Read�814 69 that begins at the westem edge of the ultimate right of way ef
Meridian Read.
b. Revise the berwdfenee combs emit to meet s'�T 3 H 4 1) equit!efflems !b
Fequir-ed ben:n,lfenee eembe alang Mer-i dian Read shall he at least ten (10) feet high a
4. Prior to City Engineer signature on the Final Plat,the applicant shall submit a public access
easement for the required multi-use pathway along Meridian Road/SH 69 within the required
landscape buffer,wholly outside of the right-of-way. Submit easements to the Planning
Division for Council approval and subsequent recordation. The easements shall be a
minimum of 14' wide(10'pathway+2' shoulder each side). Use standard City template for
public access easement. Easement checklist must accompany all easement submittals.
Coordinate with Kim Warren from the City of Meridian Parks Department.
Page 16
Page 240
Item#13.
Exhibit A
5. Future development shall be consistent with the minimum dimensional standards listed in
UDC Table 11-2A-6 for the R-4 zoning district.
b, Off-street parking is required to be provided in accord with the standards listed in UDC Table
l 1-3C-6 for single-family dwellings based on the number of bedrooms per dwelling.
7. Provide a pressurized irrigation system consistent with the standards as set forth in UDC 1I-
3A-15, UDC 11-3B-6 and MCC 9-1-28.
9. Upon completion of the landscape buffer installation,a written Certificate of Completion
shall be submitted to the Planning Division verifying all landscape improvements are in
substantial compliance with the approved landscape plan as set forth in UDC 1.1-3B-14.
9, Approval of this combined preliminary and final plat shall become null and void if the
applicant fails to obtain the city engineer's signature on the plat within two(2)years of the
approval of the combined preliminary and final plat..
B. PUBLIC WORKS
1. Site Specific Conditions of Approval
1.1 A street light plan will need to be included in the final plat application. Street light plan
requirements are listed in section 6-7 of the City's Design Standards. A future installation
agreement for streetlights will be required for the required lights on Meridian Road. Contact
the Meridian Transportation and Utility Coordinator for additional information.
1.2 This development is not currently serviceable by Meridian Sanitary Sewer or Water
Systems. The parcel owners shall be required to cease using their wells and septic
systems and connect at their expense, to the Meridian Sanitary Sewer or Water Systems
when they become available per MCC 9-1-4 and 94-8.
2. General Conditions of Approval
2.1 A letter of credit or cash surety in the amount of 1 10%will be required for a]I uncompleted
fencing, landscaping,amenities, etc., prior to signature on the final plat.
2.2 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.
2.3 It shall be the responsibility of the applicant to ensure that all development features comply
with the Americans with Disabilities Act and the Fair Housing Act.
2.4 Applicant shall be responsible for application and compliance with any Section 404
Permitting that may be required by the Army Corps of Engineers.
2.5 Developer shall coordinate mailbox locations with the Meridian Post Office.
2.6 All grading of the site shall be performed in conformance with MCC l I-12-3H.
2.7 Compaction test results shall be submitted to the Meridian Building Department for all
building pads receiving engineered backfill,where footing would sit atop fill material.
2.8 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 AC HD.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.
Page 17
Page 241
Item#13.
Exhibit A
C. PARK'S DEPARTMENT
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D. CENTRAL DISTRICT HEALTN DEPARTMENT(CDH)
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E. BOISE PROJECT BOARD OF CONTROL(BPBC)
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F. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ)
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G. ADA COUNTY HIGHWAY DISTRICT(ACHD)
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IBC. FINDINGS
A. Combined Preliminary and Final Plat Findings:
In consideration of a preliminary plat,combined preliminary and final plat,or short plat,
the decision-making body shall make the following findings:
1. The plat is in conformance with the Comprehensive Plan;
Council finds that the proposed plat, with Stags recommendations, is in general compliance
with the adapted Comprehensive Plan in regard to land use, density,, transportation, and
pedestrian connectivity. (Please see Comprehensive Plan Policies in, Section V of this report
.for more information.)
2. Public services are available or can be made available and are adequate to accommodate
the proposed development;
Water and Sewer services cannot be provided to the subject property at this time. The City
Engineer and Public Works Director have approved a waiver for this requirement(See Exhibit
V11.D). Council f nds that all other services are available far the.subject properly (See Section
VIII of the Staf,f Report for more details from public service providers,J
3. The plat is in conformance with scheduled public improvements in accord with the City's
capital improvement program;
Because Cite water and sewer and anv other utilities will be provided kv the development at a
u dater date as discussed above, Council finds that the subdivision will not require the
expenditure of capital improvement ji nds.
4. There is public financial capability of supporting services for the proposed development;
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Page 242
Item#13.
Exhibit A
Council_finds there is public financial capahilils, o/'supporting ser►?ices jar the proposed
deuelopnrent based upon cornn:ents from the public service proi,iders(i.e..Police,Fire,ACHD,
etc.). (See,Section i'l1I far rraore it formation.)
S. The development will not be detrimental to the public health,safety or general welfare;
and,
Council is not ais-are o�f'anv health, safety, or environinental prohleins associated ti�ith the
platting of this property. ACHD considers road safety issues in their analysis.
6. The development preserves significant natural, scenic or historic features.
Council is unaware of anY significant natural, scenic or historic.features that east on this site
that require preserving. The Applicant is not proposing any improvements along either
waterwaY oil or adjacent to the site other than landscaping outside of tine applicable easements.
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