Z - Development Agreement ADA COUNTY RECORDER Phil McGrane 2021-055457
BOISE IDAHO Pgs=41 KRISTINA LOWRY 04/07/2021 11:21 AM
CITY OF MERIDIAN, IDAHO NO FEE
DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. Open Door Rentals, LLC and Challenger Development, Inc., Owners
4. Challenger Development, Inc., Developer
THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into
this 6th day of April , 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 Challenger Development, Inc., whose address is 1977 E. Overland
Road,Meridian,ID 83642 and Open Door Rentals,LLC,whose address is 1977 E. OverIand Road,
Meridian, ID 83642, hereinafter called OWNERS and Challenger Development, Inc., whose
address is 1977 E. Overland Road, Meridian, ID 83642 hereinafter called DEVELOPER.
1. RECITALS:
1.1 WHEREAS, Owners are the sole owners, 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 § 67-6511 A 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, Owners and/or Developer have submitted an application for
annexation and zoning of 15.18 acre of land to the R-4(Medium Low Density
Residential) zoning district on the property listed in Exhibit "A", under the
Unified Development Code,which generally describes how the Property will
be developed and what improvements will be made; and
1.5 WHEREAS, Owner and/or Developer made representations at the public
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
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1.6 WHEREAS, the record of the proceedings for requested annexation and
zoning held before Planning and Zoning Commission and the City Council,
includes responses of government subdivisions providing services within the
City of Meridian planning jurisdiction, and includes further testimony and
comment; and
1.7 WHEREAS, on the 2❑d day of February, 2021, the Meridian City Council
approved certain Findings of Fact and Conclusions of Law and Decision and
Order ("Findings"), which have been incorporated into this Agreement and
attached as Exhibit"B"; and
1.8 WHEREAS,the Findings require the Owners and/or Developer to enter into a
Development Agreement before the City Council takes final action on final
plat; and
1.9 WHEREAS, Owners and/or Developer deem it to be in its best interest to be
able to enter into this Agreement and acknowledges that this Agreement was
entered into voluntarily and at its urging and request; and
1.10 WHEREAS, City requires the Owners and/or Developer to enter into a
development agreement for the purpose of ensuring that the Property is
developed and the subsequent use of the Property is in accordance with the
terms and conditions of this Agreement,herein being established as a result of
evidence received by the City in the proceedings for zoning designation from
government subdivisions providing services within the planning jurisdiction
and from affected property owners and to ensure zoning designation are in
accordance with the amended Comprehensive Plan of the City of Meridian on.
December 19, 2019, Resolution No. 19-2179, and the UDC, Title 11.
NOW, THEREFORE, in consideration of the covenants and conditions set forth
herein, the parties agree as follows:
2. INCORPORATION OF RECITALS: That the above recitals are contractual and
binding and are incorporated herein as if set forth in full.
3. DEFINITIONS: For all purposes of this Agreement the following words,terms,and
phrases herein contained in this section shall be defined and interpreted as herein provided for,unless
the clear context of the presentation of the same requires otherwise:
3.1 CITY: means and refers to the City of Meridian, a party to this Agreement,
which is a municipal Corporation and government subdivision of the state of
Idaho, organized and existing by virtue of law of the State of Idaho, whose
address is 33 East Broadway Avenue, Meridian, Idaho 83642.
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3.2 OWNERS: means and refers to Challenger Development, Inc., whose
address is 1977 E. Overland Road, Meridian, ID 83642 and Open Door
Rentals,LLC,whose address is 1977 E.Overland Road,Meridian,ID 83642,
hereinafter called OWNER, the parties that own said Property and shall
include any subsequent owner(s) of the Property.
3.3 DEVELOPER: means and refers to and Challenger Development, Inc.,
whose address is 1977 E. Overland Road,Meridian,ID 84642,the party that is
developing said Property and shall include any subsequent developer(s)of the
Property.
3.4 PROPERTY: means and refers to that certain parcel(s)of Property located in
the County of Ada, City of Meridian as 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 vestthe right
to develop the Property in accordance with the terms and conditions of this Agreement.
4.1 The uses allowed pursuant to this Agreement are only those uses allowed
under the UDC.
4.2 No change in the uses specified in this Agreement shall be allowed without
modification of this Agreement.
5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY:
5.1. Owner and/or Developer shall develop the Property in accordance with the
following special conditions:
a. Future development ofthis site shall be generally consistent with the preliminary plat,landscape
plan and conceptual building elevations for the single-family dwellings included in Section VII
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 herein.
b. The rear and/or sides of 2-story structures on Lots 5 through 16 of Block 2 that face Victory Rd.
and S. Locust Grove 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 breakup
monotonous wall planes and roof lines.Single-story structures are exempt from this requirement.
Planning approval will be required at time of building permit.
C. The existing residence at 2955 S.Locust Grove Rd,(Lot 18,Block 2)will be required to abandon
the well and septic system and connect to City water and sewer with development of the
property.
d. Lots 21-24 of Block 2 shall be limited to one story.
e. The ACHD drainage shown in Lot 4,Block 2 shall be landscaped per the City of Meridian
landscape standards.
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6. COMPLIANCE PERIOD This Agreement must be fully executed within six (6)
months after the date of the Findings for the annexation and zoning or it is null and void.
7. DEFAULT/CONSENT TO DE-ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
7.1 Acts of Default. Either party's failure to faithfully comply with all of the
terms and conditions included in this Agreement shall constitute default under
this Agreement,
7.2 Notice and Cure Period. In the event of Owner and/or Developer's default
of this Agreement, Owner and/or 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 and/or Developer that is not
cured after notice as described in Section 7.2, Owner and/or Developer shall
be deemed to have consented to modification of this Agreement and de-
annexation and reversal of the zoning designations described herein, solely
against the offending portion of Property and upon City's compliance with all
applicable laws, ordinances and rules, including any applicable provisions of
Idaho Code §§ 67-6509 and 67-6511. Owner and/or Developer reserve all
rights to contest whether a default has occurred. This Agreement shall be
enforceable in the Fourth Judicial District Court in Ada County by either City
or 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 and/or Developer or City is delayed for causes that
are beyond the reasonable control of the party responsible for such
performance, which shall include, without limitation, acts of civil
disobedience, strikes or similar causes,the time for such performance shall be
extended by the amount of time of such delay.
7.5 Waiver. A waiver by City of any default by Owner and/or Developer of any
one or more of the covenants or conditions hereof shall apply solely to the
default and defaults waived and shall neither bar any other rights or remedies
of City nor apply to any subsequent default of any such or other covenants and
conditions.
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8. INSPECTION: Owner and/or Developer shall,immediately upon completion of any
portion or the entirety of said development of the Property as required by this Agreement or by City
ordinance or policy,notify the City Engineer and request the City Engineer's inspections and written
approval of such completed improvements or portion thereof in accordance with the terms and
conditions of this Agreement and all other ordinances of the City that apply to said Property.
9. REQUIREMENT FOR RECORDATION: City shall record this Agreement,
including all of the Exhibits,and submit proof of such recording to Owner and/or Developer,prior to
the third reading of the Meridian Zoning Ordinance in connection with the re-zoning of the Property
by the City Council. If for any reason after such recordation, the City Council fails to adopt the
ordinance in connection with the annexation and zoning of the Property contemplated hereby,the City
shall execute and record an appropriate instrument of release of this Agreement.
10, ZONING: City shall,following recordation of the duly approved Agreement,enact a
valid and binding ordinance zoning the Property as specified herein.
11. SURETY OF PERFORMANCE: The City may also require surety bonds,
irrevocable letters of credit,cash deposits, certified check or negotiable bonds, as allowed under the
UDC,to insure the installation of required improvements,which the Owner and/or Developer agree to
provide, if required by the City.
12, CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued
in any phase in which the improvements have not been installed,completed,and accepted by the City,
or sufficient surety of performance is provided by Owner and/or Developer to the City in accordance
with Paragraph 11 above.
13. ABIDE BY ALL CITY ORDINANCES: That Owner and/or Developer agree to
abide by all ordinances of the City of Meridian unless otherwise provided by this Agreement.
14. NOTICES: Any notice desired by the parties and/or required by this Agreement shall
be deemed delivered if and when personally delivered or three (3) days after deposit in the United
States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as
follows:
CITY: with copy to:
City Clerk City Attorney
City of Meridian City of Meridian
33 E. Broadway Ave. 33 E. Broadway Avenue
Meridian, Idaho 83642 Meridian, Idaho 83642
OWNERS: DEVELOPER:
Challenger Development, Inc. Challenger Development, Inc.
1977 E. Overland Road 1977 E. Overland Road
Meridian, ID 83642 Meridian, ID 83642
Open Door Rentals, LLC
1977 E. Overland Road
Meridian, ID 83642
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14.1 A party shall have the right to change its address by delivering to the other
party a written notification thereof in accordance with the requirements of this section.
15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto
concerning this Agreement,the prevailing party shall be entitled,in addition to any other relief as may
be granted, to court costs and reasonable attorney's fees as determined by a Court of competent
jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall
survive any default, termination or forfeiture of this Agreement.
16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time
is strictly of the essence with respect to each and every term,condition and provision hereof,and that
the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default
under this Agreement by the other party so failing to perform.
17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure
to the benefit of the parties' respective heirs, successors, assigns and personal representatives,
including City's corporate authorities and their successors in office. This Agreement shall be binding
on the Owner and/or Developer,each subsequent owner and any other person acquiring an interest in
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 Owners and/or Developer,to execute appropriate and
recordable evidence of termination of this Agreement if City,in its sole and reasonable discretion,had
determined that Owners and/or Developer have fully performed their obligations under this
Agreement.
18. INVALID PROVISION: If any provision of this Agreement is held not valid by a
court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement
and the invalidity thereof shall not affect any of the other provisions contained herein.
19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided,each party
shall act reasonably in giving any consent,approval,or taking any other action under this Agreement.
20. COOPERATION OF THE PARTIES: In the event of any legal or equitable action
or other proceeding instituted by any third party (including a governmental entity or official)
challenging the validity of any provision in this Agreement, the parties agree to cooperate in
defending such action or proceeding,
21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements,
agreements,condition and understandings between Owners and/or Developer and City relative to the
subj ect matter hereof,and there are no promises,agreements,conditions or understanding,either oral
or written, express or implied, between Owners and/or Developer and City, other than as are stated
herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or
addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and
signed by them or their successors in interest or their assigns,and pursuant,with respect to City,to a
duly adopted ordinance or resolution of City.
DEVELOPMENT AGREEMENT-CACHE CREEK SUBDIVISION(H-2020-0105) PAGE 6 OF 9
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21.1 No condition governing the uses and/or conditions governing re-zoning of the subject
Property herein provided for can be modified or amended without the approval of the
City Council after the City has conducted public hearing(s) in accordance with the
notice provisions provided for a zoning designation and/or amendment in force at the
time of the proposed amendment.
22. EFFECTIVE DATE OF AGREEMENT:This Agreement shall be effective on the
date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in
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: DEVELOPE
Open Door Rentals, LLC Challenge Developme t, c.
By: By:
Its: Its:
OWNERS:
Challenger Development, I
By:
Its:
CITY OF MERIDIAN ATTEST:
By:
Mayor Robert E. Simison 4-6-2021 Chris Johnson, City Clerk 4-6-2021
DEVELOPMENT AGREEMENT—CACHE CREEK SUBDIVISION(H-2020-0105) PAGE 7 OF 9
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Item#17.
STATE OF IDAHO )
ss:
County of Ada )
On this JSt day of Vl� ,2021,before me,the undersigned,a Notary Public in and for said State,personally
appeared e o--Gu &-U-+QIt ,known or identified to me to be the of
Open Door Rentals,IeLC, and the person who signed above and acknowledged to me that he executed the same on
behalf of said Corporation.
IN WITNESS W OFd`;L�lieyee.. rozset my hand and affixed my official seal the day and year in this
certificate first above writ ""0 �'1 Y��/ "as P��
(SEAL) MY GBMMISSfON o
EXPIRES 6-
5-2i 22 ° Notary Public for
Residing at:_
�i��'•FOF IaP;r°°pR'�® My Commission Expires: —05
0JI i ONo\,�\
STATE OF IDAHO )
ss:
County of Ada }
On this'S�da of �CL� 2021,before me,the undersigned,a Notary Public in and for said State,personally
appeared known or identified to me to be the_ 1 f- of
Challenger Developme t,Inc.,and the person who signed above and acknowledged to me that he executed the same on
behalf of said Corporation.
IN WITNESS WH � Jl;l y��hereunto set my hand and affixed my official seal the day and year in this
certificate first above wr l-RpWR K0 */��
(SEAL)
MY COMMISSION = Notary Public for_ In.i)
o EXPIRES 6-5-2022 a Residing at:
C)°•,S My Commission Expires:
STATE OF IDAHO
ss:
County of Ada )
On this d of A)A?►- , 2021, before me, the undersigned,a Notary Public in nd for said State,personally
appeared ���� ,lkiown or identified to me to be the of
Challenger Develop nt,Inc.,and the person who signed above and acknowledged to me that he executed the same on
behalf of said Corporation.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year in this
certificate first above ,`��1��1111/l//��/
(SEAL) �,,��"►�` PgPIR If04
s* po�4'�P�Y P���s'"� *��
b �' Nota Public for TdC111fl
MY COMMISSION = Residing at: /y Z7J
EXPIRES 6-5.2022 0 _ My Commission Expi es: j�-Q5
o
DEVELOPMENT AG1 � JifiG�`SUBDIVISION(H-2020-0105) PAGE 8 OF 9
1 ig
Page 287
STATE OF IDAHO )
ss
County of Ada )
On this 6th day of April , 2021, before me, a Notary Public, personally appeared
Robert E.Simison and Chris Johnson,known or identified to me to be the Mayor and Clerk,respectively,of the City of
Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and
acknowledged to me that such City executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this
certificate first above written.
(SEAL) Notary Public for Idaho
Residing at: Meridian, Idaho
Commission expires: 3-28-2022
DEVELOPMENT AGREEMENT—CACHE CREEK SUBDIVISION(H-2020-0105) PAGE 9 OF 9
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EXHIBIT A
DATE: August 30, 20
ANNEXATION—CACHE CREEK
A parcel of land being located in the SE 114 of faction 19, Township 3 North, Range 1 Eaat,
Boise Meridian,Ada County, Idaho, and beiW and oamprising of a partian of Victory Road and
Locust Grove Road and all of Lots 1, 2, and 7. Block f of the plot of Kachlna Estates Flled In
Book 35, Page 3016-3017 on November 15, 1974 in the Office of the Ada County Recorder and
being mare particularly described as follows:
BEGINNING at the southeast corner of said Section 19, mon urn ented by a found 3"Aluminum
Gap stamped"J-U-13 Engineers PLS 11334" (Corner Record No 114007715). from which the
South 114 corner of said Section 19, monumented by a found 3" Brass Cap stamped "J-U-B
Engineers PLS 113W (corner Record No. 114007714), bears South 89'42'08" West, a
distance of 2W.01 feet;
Thence;mouth 89'42'08"West, coincident with South line of said Section 19, a distance of
625.97 feet;
Thence leaving said South line of Section 19, coincident with the westerly line of Bald Lot 2,
.Block 1, North 00°23'33°West, a distan-ce of 690.31 feet to the northwest corner of said Lot 2,
Block 1;
The noE coincident with the southerly line of said Lot 7, Black 1, South 89°37'01" West, a
distance cf 106.50 feet to the southwest comer of sold Lot 7, Bl-ock 1;
Thence coincident with the westerly line of said Lot 7, Block 1, Nurth 00°21'l8"Walt, a distance
of 305.85 feet to the northwest corner of Bald Lot 7, Block 1,'
Thence coincident wilh the northEr€y line of sold Lot 7, Block 1, South 89a23'52" East, a distance
of 751.95 feet to a paint conterminous with the East line of said Section 191
Thence ooineident with said East line of Section 19, South 00°44'46" +Nest, a distance of 964.36
feet to the POINT OF BEGINNING.
The above described parcel contains 15.16 acres or 661425.33 square feet, more or less.
Tagetherwith and subject to covenants, easements, and restrictions of record.
The basis of bearing for this parcel is South 89442'08" West between tfie southeast corner and
the South Y,corner of said Section 19.
Robert Grani atzky. P,L.S. #L LA#p License No. 17216
EN
CL ca
G
Cache Creek—H-2020-0105 Page 289
EXHIBIT A
A P OR11 ON OF
Ei4 SECTION 19 IMTALROAD
o, e2
1 3 N.; R, 1 E., B.M.
I
5�923'5�"E 751,9�'
PASS ST. +fir
m �
s,, s�37'o-1'w 148.54'
i
ANNEXATION AREA
15,18 ACRES
651425.33 SQ. FT. Gt
* 0p,I- L{A $ COY2 LOT i
0 1E Ar & 1
CL
Al
R O
P`1T OF UEG WNG
5E9'42'WW 2640.01Y 7NMY MD
3' awss up s-mpm %—II—a BASIS OF BEARINGS 3' ALUMNUM W STAMPED
ENONEERS PL5 113�4' %--11-a EHGINEERE PL5 1133e
SI/4 07MER SECTION 19, INSTR- 5E CORNM Smow 19, INIm. 0
114007714 114DO7715
ectci nu4�FR ctirir,�NU 2!!LTlRR U15
LEGAL DERIPTION
.��91Z�eo417�Ap �' •�'
of CACHE CREEKANNE ANNEXATION arwuErx��L64A1� °�`YP '�
CHAT L.FKF3ER "New wa..M)o w Ni-.KI M412L.�ia,e
— 70YSi2�+1! vay.NYl.co■
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Cache Creek—H-2020-0105 Page 290
Item#17. EXHIBIT B
CITY OF MERIDIAN
FINDINGS OF FACT,CONCLUSIONS OF LAW C��f[EPI
DIAN�
AND DECISION& ORDER
In the Matter of the Request for Annexation,Zoning to R-4 and Preliminary Plat for the Cache
Creek Subdivision,by Matt Schultz.
Case No(s).H-2020-0105
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 for 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 for 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
1. The City of Meridian shall exercise the powers conferred upon it by the"Local Land Use
Planning Act of 1975,"codified at Chapter 65,Title 67,Idaho Code(I.C. §67-6503).
2. The Meridian City Council takes judicial notice of its Unified Development Code codified as
Title 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 § 11-5A.
4. Due consideration has been given to the comment(s)received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not impose
expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Decision,which shall be
signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant,the
Community Development Department,the Public Works Department and any affected party
requesting notice.
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of January 19,2021, incorporated by reference. The conditions are concluded to be
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(CACHE CREEK SUBDIVISION—FILE#H-2020-0105)
Page 291
Item#17.
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-4 and preliminary plat is hereby approved
per the conditions of approval in the Staff Report for the hearing date of January 19,2021,
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 11-6B-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 11-613-713).
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11-6B-7.A,the Director may authorize a single extension of time to obtain the City
Engineer's signature on the final plat not to exceed two(2)years.Additional time extensions up
to two(2)years as determined and approved by the City Council may be granted. With all
extensions,the Director or City Council may require the preliminary plat, combined
preliminary and final plat or short plat to comply with the current provisions of Meridian City
Code Title 11.If the above timetable is not met and the applicant does not receive a time
extension, the property shall be required to go through the platting procedure again (UDC 11-
613-7C).
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
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
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(CACHE CREEK SUBDIVISION—FILE#H-2020-0105)
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Item#17.
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 19,2021
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(CACHE CREEK SUBDIVISION—FILE#H-2020-0105)
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Item#17.
By action of the City Council at its regular meeting held on the 2nd day of February ,
2021
COUNCIL PRESIDENT TREG BERNT VOTED
COUNCIL VICE PRESIDENT BRAD HOAGLUN VOTED
COUNCIL MEMBER JESSICA PERREAULT VOTED
COUNCIL MEMBER LUKE CAVENER VOTED
COUNCIL MEMBER JOE BORTON VOTED
COUNCIL MEMBER LIZ STRADER VOTED
MAYOR ROBERT SIMISON VOTED
(TIE BREAKER)
Mayor Robert E. Simison
Attest:
Chris Johnson
City Clerk
Copy served upon Applicant, Community Development Department,Public Works Department and City
Attorney.
By: Dated: 2-2-2021
City Clerk's Office
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(CACHE CREEK SUBDIVISION—FILE#H-2020-0105)
-4- Page 294
EXH I BIT A
STAFF REPORT E COMMUNITY
N --
COMMUNITY DEVELOPMENT DEPARTMENT 3 H o
HEARING 1/19/2021 Legend
DATE: 0
TO: Mayor&City Council FROM: Alan Tiefenbach,Associate Planner �-
208-489-0573
SUBJECT: AZ,PP-H-2020-0105
.. a
Cache Creek Subdivision
LOCATION: The site is located at 1560 W. Victory Rd
and 2955 S. Locust Grove Rd, in the SE
1/4 of Section 19,Township 3 N.,Range
l E. i
I. PROJECT DESCRIPTION
Annexation of 15.18 acres of land from RUT zone in Ada County to the R-4 zone and a preliminary
plat consisting of 41 buildable lots and 4 common lots on 13.99 acres in the proposed R-4 zone.
II. SUMMARY OF REPORT
A. Project Summary
Description Details Page
Acreage AZ acreage is 15.18;Pre-plat is 13.99 acres
Future Land Use Designation Low Density Residential
Existing Land Use(s) Single Family/Rural
Proposed Land Use(s) Single Family
Lots(#and type;bldg./common) 41 Single Family
Phasing Plan(#of phases) 1 phase
Number of Residential Units(type 41
of units)
Density 2.93 du/acre
Open Space(acres,total 97,139 sq. ft(16%)qualified common open space
[%]/buffer/qualified)
Amenities 3/4 acre park,playground,benches,and pathway.
Physical Features(waterways, Small portion of 10-mile creek bisects extreme SW corner
hazards,flood plain,hillside) of property, 500-year floodplain on NW tip of property.
Neighborhood meeting date;#of August 27,2020—3 attendees signed in.
attendees:
History(previous approvals) Kachina Estates Subdivision(County Subdivision)
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Item#17.
Description Details Page
Public Testimony Omar and Rita Green submitted letters of opposition to the
project.Primary concern is that access is occurring through
Cabella Creek Subdivision and not from S.Locust Grove
or E.Victory Rd.The Greens also requested a building
moratorium.
B. Community Metrics
Description Details Page
Ada County Highway District
• Staff report(yes/no) Yes
• Requires ACHD No
Commission Action
es/no
• Traffic Impact Stud es/no No
Access(Arterial/Collectors/State Access is proposed from two western roads(E.Loggers Pass
Hwy/Local)(Existing and St. and E. Sagemoor St)to S.Bailey Avenue in the existing
Proposed) Cabella Creek Subdivision. S.Bailey Rd provides access to
existing local roads,which connect to S.Locust Grove Rd.
and E.Victory Rd.
Traffic Level of Service LOS"F"
Stub Street/Interconnectivity/Cross N/A
Access
Existing Road Network None
Existing Arterial Sidewalks/ None
Buffers
Proposed Road Improvements Applicant will construct internal roads to 33'template and
dedicate necessary ROW.Applicant will pay$38,425 into a
road trust for sidewalk construction associated with
scheduled ACHD improvement to S.Locust Grove Rd and
E.Victory Rd.
Distance to nearest City Park(+ 1 '/2 miles to Fire Station#4 Park and Gordon Harris Park
size
Fire Service
• Distance to Fire Station 1.8 miles
• Fire Response Time <5 minutes
• Resource Reliability 77%
• Risk Identification 1
• Accessibility Meets all requirements
• Special/resource needs Will not require aerial device
• Water Supply 1,000 gph
Police Service
• Distance to Police Station 2 Miles
• Calls for Service 730
• %of calls for service split 61.1%P2,35.3%P1, .75%P3
by priority
• Specialty/resource needs None needed
• Crimes 111
• Crashes 61
Wastewater
• Distance to Sewer N/A
Services
• Sewer Shed S.Black Cat Trunkshed
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Item#17.
Description Details Page
• Estimated Project Sewer See application
ERU's
• WRRF Declining Balance 13.98
• Project Consistent with Yes
WW Master Plan/Facility
Plan
• Comments • Flow has been committed
Water
• Distance to Water 0
Services
• Pressure Zone 4
• Estimated Project Water See application
ERU's
• Water Quality Concerns None
• Project Consistent with Yes
Water Master Plan
• Comments This development will need to be modeled at each phase to make sure each
phase meets the minimum fire flow requirements.
Ada County Schools
• Impacted Schools Hillsdale ES—2.9 Miles
Victory MS—2.0 Miles
Mountain View HS—1.4 Miles
• Capacity of Schools Hillsdale ES-700
Victory MS—1000
Mountain View HS—2175
• #of Students Enrolled Hillsdale ES-780
Victory MS—970
Mountain View HS—2237
• Estimated New Students Hillsdale ES- 13
Generated by Development Victory MS—7
Mountain View HS—9
C. Project Area Maps
Future Land Use Map Aerial Map
rreegendf10
Legend0
IProjeot Locationu. � IProjeot Location . "
• IU _ IYI -
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ial
Page 3
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Item#17.
Zoning Map Planned Development Map
ugend 'R�2 R 0 Legend
Locatign, Projeot Location r l 1 -
r
- + City Limits
C-G .8 I. — Planned Parcels
L
R-8 , -•� =8
R-
R-8
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III. APPLICANT INFORMATION
A. Applicant:
Matt Schultz—Schultz Development, 8421 S. Ten Mile Rd.,Meridian, ID 83642
B. Owners:
Mark and Karen Carrington—2955 S,Locust Grove Rd.,Meridian,ID 83642
Open Door Rentals LLC— 1977 E. Overland Rd, Meridian, ID 83642
IV. NOTICING
Planning&Zoning City Council
Posting Date Posting Date
Newspaper Notification 11/27/2020 l/l/2021
Radius notification mailed to
properties within 300 feet 11/23/2020 12/29/2020
Public hearing notice sign posted
12/4/2020 1/6/2021
on site
Nextdoor posting 11/23/2020 12/29/2020
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Item#17.
V. STAFF ANALYSIS
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(hgps://www.meridiancity.org/compplan)
This property is designated Low 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
less than three dwelling units per acre. The zoning to R-4 and proposed density of 2.9 du/acre is
consistent with the density parameters of the Future Land Use Map.
Comprehensive Plan Policies (https://www.meridiancity.or /g compplan):
The following Comprehensive Plan Policies are applicable to this development:
• "Encourage a variety of housing types that meet the needs,preferences, and financial
capabilities of Meridian's present and future residents."(2.01.02D)
The proposed low density single-family detached homes will contribute to the variety of
residential categories in the City; however, there is no variety in housing types proposed
within the development. R-4 and R-8 zoning and detached single-family homes are abundant
in this immediate area.
• "Require pedestrian access in all new developments to link subdivisions together and
promote neighborhood connectivity". (2.02.01D)
Five-foot detached sidewalks are proposed on both side of all streets within this development.
There is also a pedestrian connections from the sidewalk into Common Lot 3 Block I
(containing a playground) and a pathway along the detention pond at the southwest to E.
Victory Rd.
There is a 10'regional pathway that parallels Ten Mile Creek to E. Victory Rd in the Cabella
Creek Subdivision to the west(no part of this pathway is on the subject property), and a 10'
regional pathway that parallels Eight Mile Parallel and ends at S. Locust Grove on the east
side of S. Locust Grove.Although the proposed plat shows a S'sidewalk running along the S.
Locust Grove Rd frontage and sidewalks along the internal streets in this development, staff
believes there should be a mid-development connection that provides more direct pedestrian/
bicycle access. This should be directly across S. Locust Grove Rd from the Eight Mile
Pathway to the east, and the Ten Mile Creek Pathway and E. Victory Rd to the south and
west.As a condition of approval, staff recommends an east-west pathway connection be
provided directly across from the Eight Mile Lateral Pathway to Common Lot 11, Block 3.
The applicant should work with Meridian Parks and Recreation to determine whether
signage should be erected within Common Lot 11, Block 3 to direct users along this pathway
connection to the Ten Mile Pathway and Eight Mile Pathway.
• "Ensure development provides safe routes and access to schools,parks, and other community
gathering places. (2.02.01 G)"
See staff's analysis regarding sidewalks and pathways above.
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Item#17.
• "Require urban infrastructure be provided for all new developments, including curb and
gutter, sidewalks,water and sewer utilities."(3.03.03G)
Urban sewer and water infrastructure and curb, gutter and sidewalks is required to be
provided with development as proposed.
• 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)
There will be two accesses to the property. Both accesses propose connectivity from local
roads within the Cabella Creek Subdivision rather than either arterial bordering the
property. In addition, the proposal includes closing S existing curb cuts along S. Locust
Grove Rd.
• Protect and enhance existing waterways, groundwater,wetlands,wildlife habitat, air, soils,
and other natural resources. (4.05.01)
A small portion of Ten Mile Creek crosses the southwest portion of the property. The
applicant has indicated this will be contained within a common lot(Lot 4, Block 2) as a
retention facility. However, the landscape plan omits a portion of this lot although it is on the
subject property.As Ten Mile Creek is a significant natural feature and contains a regional
pathway, staff recommends as a condition of approval that the landscape plan be revised to
reflect the entirety of this lot, and to integrate this important waterway into the development
as a natural amenity.
C. Existing Structures/Site Improvements:
There two existing single-family residence on the site. The residence at the corner of E. Victory
Rd and S. Locust Grove is intended for demolition. The house at the northeast is proposed to be
retained and must connect to City utilities upon annexation of the property.
D. Proposed Use Analysis:
Single-family detached dwellings are listed as a principal permitted use in the R-4 zoning districts
in UDC Table 11-2A-2.
E. Dimensional Standards(UDC 11-2):
All proposed lots and public streets appear to meet UDC dimensional standards per the submitted
preliminary plat. This includes property sizes,required street frontages of at least 60', and road
widths. Development of the subdivision is required to comply with the subdivision design and
improvement standards listed in UDC 11-6C-3, including but not limited to streets, common
driveways and block face.No common driveways are proposed with this subdivision. The
average lot size is 8,959 sq. ft. and the smallest lot size is 8,003 sq. ft. Minimum lot sizes are
proposed at 8,000 square feet,which complies with the requirements of the R-8 zone district.
Minimum living area for detached homes in the R-4 Zone District is 1,400 sq. ft. The proposed
home size, as indicated in the narrative, is at least 1,800 sq. ft.
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Item#17.
F. Access(UDC 11-3A-3):
There will be two accesses to the property. Each access will connect to a stub street in the Cabella
Creek Subdivision to the west-Loggers Pass Street and Sagemoor Street. These stub streets
terminate at S. Bailey Way which connects to either S. Ascaino Way for access to E. Victory Rd
or E. Lake Creek St. for access to S. Locust Grove. The Cache Creek Subdivision employs a
"loop"road which will be constructed at 33' wide with detached 5' sidewalks and 8' landscape
strips. The applicant proposes to dedicate additional right-of-way to ACHD for construction of
this internal road. There are 5 existing driveways onto Locust Grove Road from the site. This
development includes closing the 5 existing driveways by using landscaping and 5-foot wide
detached sidewalks to match improvements on either side. However,there are two driveways
existing on either side of 2955 S. Locust Grove Dr. (Lot 18,Block 2). Staff questions why two
driveways are necessary for this existing house.
S. Locust Grove Rd. currently has 2 lanes and no curb, gutter or sidewalk. E. Victory Rd.
presently has 2 lanes with no curb,gutter or sidewalk. Both roads operate at a Level of Service
(LOS)"F",which is considered unsatisfactory. S. Locust Grove Rd. is scheduled to be widened
to 5 lanes between E. Overland Rd.to E.Victory Rd. in 2020. E. Victory Rd. is scheduled to be
widened to 3 lanes between S. Meridian Rd. and S. Eagle Rd in 2025. A roundabout is planned
for the E. Victory Rd. /S. Locust Grove Rd. intersection in 2022.
Sufficient right-of-way presently exists for widening of both S. Locust Grove Rd. and E.Victory
Rd. However,the applicant will be required to dedicate additional right-of-way for the E. Victory
Rd. /S. Locust Grove Rd. roundabout.Because both of these roads are due to be reconstructed in
the next 5 years,ACHD has requested the applicant pay$38,425 into a road trust deposit. The
road trust deposit funds will be used by ACHD to construct sidewalks abutting the site as part of
the future intersection project.
ACHD has reviewed this application and supports the proposal with conditions.
G. Parking(UDC 11-3C):
Off-street parking is required to be provided in accord with the standards listed in UDC Table 11-
3C-6 for single-family detached dwellings based on the number of bedrooms per unit. Future
development should comply with these standards.
H. Pathways(UDC 11-3B-12):
The project includes 5' detached sidewalks on both side of all streets and a pedestrian
connections from the sidewalk into Common Lot 3 Block 11 and on the east side of the retention
pond to E. Victory Rd. All sidewalks and pathways contain landscape strips on both sides of at
least 8' with at least one(1)tree per one hundred(100) feet of pathway.
As mentioned in the pedestrian access section above, staff believes there should be a mid-
development connection that provides more direct pedestrian/bicycle access directly across S.
Locust Grove Rd from the Eight Mile Lateral and sidewalk to the east, and the Ten Mile Creek
Pathway and E. Victory Rd to the south and west. Staff recommends this pathway generally
intersect in the vicinity of Blocks 12-15 Block 2 and Lots 7-4 Block 3 to Lot 11,Block 3 (the
common open space).
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Item#17.
I. Sidewalks(UDC 11-3A-17):
Five-foot detached sidewalks are proposed along internal streets in accord with the standards
listed in UDC 11-3A-17. ACHD has requested the applicant pay into a road trust for sidewalk
construction along S. Locust Grove Rd and E. Victory Rd. after future road reconstruction.
J. Parkways(UDC 11-3A-17):
As ACHD will be reconstructing and widening S. Locust Grove Rd. and E. Victory Rd,the
applicant is paying into a road trust for future sidewalk installation. All internal sidewalks and the
pathways into the common lot include a landscaped area of at least 8' located between the edge of
the street or park and a sidewalk. These parkway strips meet the minimum landscaping
requirement for pathways at one tree per 100 linear feet per UDC 11-3B-7C.
K. Landscaping(UDC 11-3B):
The area of the proposed development is 603,349 sq. ft. The development proposes 97,139 sq. ft.
(16%)of qualified common open space. There are 8' wide parkways along all sidewalks
landscaped at 1 tree per 35 linear feet. Half of each 25' arterial buffer is included. There is a
30,171 sq. ft. common open space. There is also a 23,992 sq. ft.retention pond which meets the
minimum requirement of at least twenty thousand(20,000) square feet and visible from a public
street(s) on at least two (2) sides.
The Landscape Plan indicates 3 trees meeting the mitigation requirements are being removed at a
total of 65 caliper inches. The applicant proposed to replace these with 33 trees of 2 caliper inches
in accord with UDC standards.
Although the minimum required square footage of qualified common open space is satisfied,the
arterial buffer along S. Locust Grove Rd. does not meet the minimum 25' required width east of
the existing house on Lot 18,Block 2. The applicant has noted due the existing house and the
widening of S. Locust Grove Rd. it is not feasible to provide the buffer. Staff is not convinced, as
it appears there is existing paving at the east side of the house to widen this buffer. Prior to the
City Council hearing,the applicant should either revise the plans to reflect a 25' wide buffer, or
apply and be granted a buffer reduction through the alternative compliance process in accord with
UDC 11-5B-5.
At the December 17, 2020 Planning Commission meeting,the Commission supported this
alternative compliance request.
L. Qualified Open Space(UDC 11-3G):
As mentioned above,the development proposes 97,139 sq. ft. (16%) of qualified common open
space(please see attached open space exhibit). Parkways are credited along all sidewalks that
meet the minimum 8' width requirements and are landscaped at one tree per 100 linear feet. Both
arterial buffer is given %credit. The 30,171 sq. ft. central common open space is landscaped with
at least one (1)deciduous shade tree per eight thousand(8,000) square feet as is the 23,992 sq. ft.
retention pond(required trees are along the periphery of this lot). Except for the width deficiency
for one portion of the S. Locust Grove Rd arterial buffer in the vicinity of Lot 18,Block 2 (as
discussed above),the proposal meets the minimum requirements of UDC 11-3G.
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Item#17.
M. Qualified Site Amenities (UDC 11-3G):
Based on an area of 13.99 acres, 2 site amenities are required. This development includes a 3/4
acre centrally located park with a playground and benches. This meets the requirements for an
open space of at least 20,000 sq. ft. from the quality of life amenity category, and a children's
play structure from the recreational amenities category. It is staff s opinion that this is sizable
amenity in an excellent location. However, as mentioned in the pathways section, staff is
recommending a pathway which provides an east/west connection across the property. This
pathway should generally intersect in the vicinity of Blocks 12-15 Block 2 and Lots 7-4 Block 3
to Lot 11,Block 3 (the common open space).
N. Waterways (UDC 11-3A-6):
The FEMA maps indicate a 100-year floodplain at the extreme southwestern corner of the site
along Ten Mile Creek. An ACHD retention basin is proposed in this area(Lot 4,Block 2).No
other development is proposed within the floodplain.
Nampa Meridian Irrigation District(NMID)has mentioned Ten Mile Creek is contained within a
100' irrigation easement,with 50' on either side of the creek. The Plat should be revised to reflect
this easement.
As already mentioned,the landscape plan omits the portion of the property which contains the
waterway, and UDC 11-3A-9 (as well 11-3A-6) states existing natural features that add value to
development and enhance the attractiveness of the community shall be preserved or mitigated in
the design of the development. Staff recommends that prior to City Council,the applicant should
revised the landscape plan to include all of Lot 4,Block 2 and to design this waterway in as a
natural amenity.
O. Fencing(UDC 11-3A-6, 11-3A-7):
The landscape plan reflects 6' tall vinyl fencing along the perimeter of the property and the
driveway accessing the existing residence on Lot 18,Block 2. 4' tall vinyl fencing is shown
around Common Lot 11,Block 3 (the park). 6' high wrought iron fencing is shown bordering the
retention pond in Lot 4,Bloc,2. The fencing meets the requirements of 11-3A-6 and 11-3A-7.
Utilities(UDC 11-3A-21):
Public services are available to accommodate the proposed Development. All lots within the
subdivision will be provided domestic water and sanitary sewer service by the City from 8"water
and sewer mains located in the Cabella Creek Subdivision stub streets to the west.
P. Building Elevations(UDC 11-3A-19 I Architectural Standards Manual):
The Applicant has submitted sample elevations of the single-family homes for this project(see
Section VILE).
The single-family homes are depicted as two-story structures with two-car garages, and a variety
offinish materials with stone and lap-siding combinations. The submitted sample elevations
appear to meet design requirements for single-family homes but do not include elevations of the
sides or rears of structures.
As many of the houses will be very visible from E. Victory Rd. and S. Locust Grove Rd. staff
recommends a condition that the rear and/or sides of 2-story structures on Lots S through 16 of
Block 2 that face E. Victory Rd. and S. Locust Grove Rd. incorporate articulation through
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Item#17.
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.
DECISION
A. Staff:
Staff recommends approval of the requested annexation,zoning and preliminary plat with the
conditions noted in Section IX.A 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 preliminary plat
request•
1. Summary of the Commission public hearing:
a. In favor: Schultz
b. In opposition: Several adjacent neighbors
c. Commenting:None
d. Written testimony: Omar and Rita Green, Steve Thiessen,President of Cabella Creek
Homeowner's Association
e. Staff presenting application: Alan Tiefenbach
f. Other Staff commenting on application:None
2. Key issue(s)of public testimony:
a. Several neighbors opposed to access occurring from stubs into Cabella
Creek Neighborhood. Request connection to S. Locust Grove Rd. instead.
3. Key issue(s)of discussion by Commission:
a. Discussed reduction of buffer and requested this be handled through alternative
compliance.
b. Discussed future road improvements and round-about.
C. Discussed the retention pond and staff s recommendation to incorporate it into design as
amenity.
4. Commission change(s)to Staff recommendations:
a. Recommended Lot 4,Block 2 be landscaped with grass and maintained.
C. The Meridian City Council heard these items on January 19, 2021.At the public hearing.the
Council moved to approve the subject annexation, zoning and preliminary plat request.
1. Summary of the City Council public hearin_g_:
a. In favor: Matt Schultz
b. In opposition:None
C. Commenting: Matt Schultz
d. Written testimony: Two letters received from Omar and Rita Green,two letters received
from Cabella Creek HOA President Steve Thiessen, one letter received from Erick and
Kimberlie Shaner.
e. Staff presenting application: Alan Tiefenbach
f. Other Staff commenting on application:None
2. Key issue(s)of public testimony:
a. Property owner in the Salmon Rapids Subdivision to the north requested a delay of the
project until ACHD road improvements are completed, and stated concerns regarding
loss of open space.
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Item#17.
b Citizen letters opposed connection into Cabella Creek Subdivision,requested all access
be from S. Locust Grove.
3. Key issue(s)of discussion by City Council:
a. Council discussed traffic into Cabella Creek and ACHD recommendations.
b. Discussed timing of ACHD improvements.
c. Discussed whether the detention basin would be maintained.
d. Agreed with applicant's offer to limit Lots 21-24 Block 2 to one story.
4. City Council change(s)to Commission recommendation:
a. Revised Commission recommendation regarding drainage basin being landscaped with
grass,to state the basin would be maintained to City of Meridian standards for detention
facilities.
b. Added condition that Lots 21-24 of block 2 would be limited to-one-story.
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Item#17.
VI. EXHIBITS
A. Revised Preliminary Plat(date: 12/17/2020 r au HKA5- t...r T
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B. Revised Landscape Plan Overview Sheet(date: 1/13/2021)
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C. Revised Color Landscape Plan (date: 1/13/2021)
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Page 14
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Item#17.
D. Common Open Space Exhibit(date: 9/25/20)
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Item#17.
E. Elevations: (date 10/14/20)
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Item#17.
F. Annexation Exhibit(date: 8/20/20)
DATE: August 30, 2020
ANNEXATION —CACHE CREEK
A parcel of land being located in the SE 114 of Section 19, Township 3 North, Range i East,
Boise Meridian,Ada County, Idaho, and being and comprising of a portion of Victory Road and
Locust Grove Road and all of Lots 1, 2, and 7, Block 1 of the plot of Kachlna Estates Filed In
Book 35, Page 3018-3017 on November 15, 1974 in the Office of the Ada County Recorder and
being more particularly 4escribe4i as follows:
BEGINNING at the southeast comer of said Section 118, monumented by a found 3"Aluminum
Cap stampeei'J-U-B Engineers PLS 11334'(Corner Record No 114007715), from which the
South 114 comer of said Section 19, monurnented by a found 3' grass Cap stamped "J-U-2
Engineers PLS 11334" (Comer Record No. 114007714), bears South 89'42'O8" West, a
distance of 2,640.91 feet;
Thence South 89'42'08"West, coincidentwith South line of said Section 19, a elistanoe of
62517 feet!
Thence leaving said South line of Section 19, coincident with the westerly line of sald Lot 2,
.Block 1, North QO'23'33"West, a distance of 690.31 feet to the northwest corner of said Lot 2,
Block 1;
Thence coincident with the southerly line of saial Lot 7, Block 1, South 69°37'01" West, a
distance of 1t16,58 feet to the southwest comer of said Lot 7, Block 1;
Thence coincident with the westerly line of said Lot 7, Block 1, North 00'21'16"West, a distance
of 305.85 feet to the northwest corner of Bald Lot 7, Block 1,
Thence coincident with the northerly line of said Lot 7, Block 1, South 89'23'52" East, a dislance
of 751,95 feet to a point contermirious with the East line of said Section 19;
Thence coincident with said East line of Section 19, South 00°44'46" West, a distance of M4.56
feet to the POINT OF BEGINNING.
The alcove described parcel contains 15.18 acres or 661425.33 square fret, more or less,
Together with and subject to covenants, easements, and restrictions of record.
The basis of bearing for this parcel is South €f9'42'08" West between the southeast comer and
the South A comer of said Section 19.
Robert Gromatzk , P.L.S. L License No. 17216
CD
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Item#17.
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Item#17.
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. Future development of this site shall be generally consistent with the
preliminary plat, landscape plan and conceptual building elevations for the
single-family dwellings included in Section VII and the provisions contained
herein.
b. The rear and/or sides of 2-story structures on Lots 5 through 16 of Block 2 that
face E. Victory Rd. and S. Locust Grove 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.
c. The existing residence at 2955 S. Locust Grove Rd. (Lot 18,Block 2)will be
required to abandon the well and septic system and connect to City water and
sewer with development of the property.
d. Lots 21-24 of Block 2 shall be limited to one-story.
e. The ACHD drainage basin shown in Lot 4,Block 2 shall be landscaped per the Citv of
Meridian landscape standards.
2. Prior-to City Couneil,the applieafft shall revise the plans to inelude a pat4way eei+neetie
dir-eetly aer-ess fFam the Ei&Mile Later-a!Pathway (east side of S. Leetist Gr-&Ve Rd.)to the
pathway shown at Common Lot 11,Bloek 3. Pathway should generally inter-sect in the
vieinity of Bleeks 12 15 Bleek 2 and Lots 7 4 Block 3 to Let 11.
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Item#17.
fefleet all of Lot ,Week 2 and pfevide gfass in this afea.
wide buff-er-, ineluding along Let > Bleek >
threug rthe—altemative eempliance process in aese�'� r T�T-5B 5.
5. Pfiof to the City Couneil heafing,the applicant shall fevise the plans to inelude all of Let-4-,
>?1oek 7 and integrate Ten Tale Cr-eek into the site . a nattifal . a t.
6. The Ten Mile Creek Nampa Meridian Irrigation District easement shall be reflected on the
Preliminary Plat and Landscape Plan.
7. The applicant shall coordinate with Meridian Parks and Recreation to determine
whether signage shall be installed to direct users to the pathway connection
paralleling Retention Basin Lot 4,Block 2 to the Ten Mile Pathway to the
southwest, and the connection to the Eight Mile Pathway across S. Locust Grove
Rd.
8. All 5 (five) existing driveways onto Locust Grove Road shall be closed with landscaping and
5- foot wide detached sidewalks to match improvements on either side as proposed.
9. The Preliminary Plat included in Section VII, dated 10/29/20, is approved with the conditions
listed in 3,4 and 5 and with the addition that Note 6 be revised to include Lots 11 and 12,
Block 3 instead of Lots 1 and 3 (regarding common lots).
10. The Landscape Plan included in Section VII, dated 9/30//2020, is approved with the
conditions listed in 3,4 and 5 with the addition that the Landscape Requirements box on Page
L-1 be changed to indicate a 25' buffer along S. Locust Grove Rd.
11. 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.
12. The applicant shall comply with all provisions of 11-3A-3 with regard to access to streets.
13. The applicant shall comply with the sidewalk and parkway standards as set forth in UDC 11-
3A-17.
14. 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.
15. The plat shall comply with the provisions for irrigation ditches, laterals, canals and/or
drainage courses, as set forth in UDC 11-3A-6. Ten Mile Creek shall remain protected during
construction on the site.
16. Pathway and adjoining fencings and landscaping shall be constructed consistent with the
standards as set forth in UDC 11-3A-7A7, 11-3A-8 and 11-3B-12C.
17. The applicant shall preserve any existing trees on the subject property that are four-inch
caliper or greater; or mitigate for the loss of such trees as set forth in UDC 11-313-1OC.
18. The development shall comply with all subdivision design and improvement standards as set
forth in UDC 11-6C-3,including but not limited to driveways, easements,blocks, street
buffers, and mailbox placement.
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Item#17.
19. 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.
20. The Applicant shall have a maximum of two(2)years to obtain City Engineer's signature on
a final plat in accord with UDC 11-6B-7.
21. The Applicant shall comply with all conditions of ACHD.
B. PUBLIC WORKS DEPARTMENT
SITE SPECIFIC CONDITIONS:
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 install agreement
and deposit is required for the Type 1 streetlights on Locust Grove and part of Amity Road due
to upcoming ACHD roadway construction.Contract the Transportation and Utility Coordinator
for additional information.
2. This development will need to be modeled at each phase to make sure each phase meets the
minimum fire flow requirements.
3. The geotechnical investigative report for this development,prepared by SITE Consulting,LLC,
dated 12/11/2020 indicates some very specific construction considerations. 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
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
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Item#17.
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
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
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Item#17.
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 11" map with bearings and distances (marked EXHIBIT B) for
review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO
NOT RECORD. Add a note to the plat referencing this document. All easements must be
submitted,reviewed, and approved prior to 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 SCHOOL IMPACTS
https:llweblink.meridiancity.org WWebLinkIDocView.aspx?id=216460&dbid=0&repo=MeridianC
is
D. ACHD
https:llweblink.meridiancit .00rg/WebLink/Doc View.aspx?id=216615&dbid=0&repo=MeridianC
ia
E. MERIDIAN POLICE DEPARTMENT
https:llweblink.meridiancioy.ofglWebLinkIDocView.aspx?id=216639&dbid=0&repo=MeridianC
hty
F. MERIDIAN FIRE DEPARTMENT (MFD)
https:llweblink.meridiancioy.orglWebLinkIDocView.aspx?id=215854&dbid=0&rgpo=MeridianC
AE
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Item#17.
G. ADA COUNTY
https:llweblink.meridiancity.org WWebLinkIDocView.aspx?id=215861&dbid=0&repo=MeridianC
is
H. DEPARTMENT OF ENVIRONMENTAL QUALITY
https:llweblink.meridiancity.org WWebLinkIDocView.aspx?id=216380&dbid=0&repo=MeridianC
ia
I. NAMPA&MERIDIAN IRRIGATION DISTRICT
https:llweblink.meridiancioy.org/WebLinkIDocView.aspx?id=217644&dbid=0&repo=MeridianC
hu
VIII. FINDINGS
A. ANNEXATION AND/OR REZONE (UDC 11-5B-3E)
Required Findings: Upon recommendation from the commission,the council shall make a full
investigation and shall, at the public hearing,review the application. In order to grant an
annexation and/or rezone,the council shall make the following findings:
1. The map amendment complies with the applicable provisions of the comprehensive plan;
Council finds annexation of the subject site with an R-4 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 and layout 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.
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Item#17.
B. PRELIMINARY PLAT (UDC 11-6B-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 VII.
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.
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)
A portion of Ten Mile Creek is on the subject property. As mentioned above, the applicant revised
the plans to show the entire Retention Basin Lot 4, Block 2 landscaped with grass.
C. ALTERNATIVE COMPLIANCE (UDC 11-511-5)
Following the December 17,2020 Planning Commission meeting,the Director approved the
applicant's request for alternative compliance to allow a reduction in the landscape buffer along
S. Locust Grove Rd from 25' to 12' at the east side of the existing house on Lot 18, Block 2, and
to a width of 22' north of this existing house.
Per UDC 11-513-5-E,to grant approval for an alternative compliance application, the Director
made the following findings:
1. Strict adherence or application of the requirements are not feasible; or
The existing house presently has 3 driveways that access S. Locust Grove Rd, these driveways
will be eliminated and access to this house will now occur from internal roads. Due to the
configuration of the existing house and the driveways, any additional width would impede
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Item#17.
driveway access to the house and the garage. In addition, the portion that is proposed at 22'is
the same width of the existing landscape buffer to the north.
2. The alternative compliance provides an equal or superior means for meeting the requirements;
and
Based on a frontage of 1,388 feet along S. Locust Grove Rd. and E. Victory Rd and a width of
25', 34,700 square feet of buffer would be required. The landscape plan reflects a total of 36,900
sq.ft. of landscape buffer as several areas are wider than the required 25'. Also, this
development proposes a 6'high vinyl fencing along the entirety of the buffer.
3. The alternative means will not be materially detrimental to the public welfare or impair the
intended uses and character of surrounding properties.
The development proposes more total landscape buffer area than would be required, and the
areas of reduced buffer are adjacent to the existing house of which the owner is one of the
applicants and to the north of the house of which the existing buffer is already 22'. The
alternative means will not be materially detrimental to the public welfare or impair the intended
uses and character of surrounding properties.
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