Skybreak Subdivision H-2020-0127 (2021-119175) ADA COUNTY RECORDER Phil McGrane 2021-1 1 9175
BOISE IDAHO Pgs=74 CHE FOWLER 08/11/2021 10:31 AM
CITY OF MERIDIAN, IDAHO NO FEE
DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. C4 Land LLC, Owner
3. G20 LLC, Developer
THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into
this loth day of August , 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 C4 Land LLC whose address is 4824 W. Fairview, Boise, ID 83706,
hereinafter called OWNER and G20 LLC whose address is 4824 W. Fairview, Boise, ID 83706,
hereinafter called DEVELOPER.
1. RECITALS:
1.1 WHEREAS,Owner is the sole owner,in law and/or equity,of certain tract of
land in the County of Ada, State of Idaho,described in Exhibit"A",which is
attached hereto and by this reference incorporated herein as if set forth in full,
herein after referred to as the Property; and
1.2 WHEREAS,Idaho Code§67-6511A provides that cities may,by ordinance,
require or permit as a condition of zoning that the Owner and/or Developer
make a written commitment concerning the use or development of the subject
Property; and
1.3 WHEREAS, City has exercised its statutory authority by the enactment of
Section 1.1-513-3 of the Unified Development Code ("UDC"), which
authorizes development agreements upon the annexation and/or re-zoning of
land; and
1.4 WHEREAS, Owner and/or Developer has submitted an application for
annexation of 80.46 acres of land with R-8(Medium Density Residential)and
R-1.5 (Medium High Density Residential) zoning districts of the property
listed in Exhibit"A"",attached hereto,under the Unified Development Code,
which generally describes how the Property will be developed and what
improvements will be made; and
1.5 WHEREAS, Owner 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
DEVELOPMENT AGREEMENT—SKYBREAK SUBDIVISION.(H-2020-0127) PAGE I OF 9
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1.6 WHEREAS,the record of the proceedings for requested rezoning held before
Planning and Zoning Commission and the City Council,includes responses of
government subdivisions providing services within the City of Meridian
planning jurisdiction, and includes further testimony and comment; and
1.7 WHEREAS, on the 20th day of July, 2021, the Meridian City Council
approved certain Revised Findings of Fact and Conclusions of Law and
Decision and Order ("Findings"), which have been incorporated into this
Agreement and attached as Exhibit`B";and
1.8 WHEREAS,the Findings require the Owner and/or Developer to enter into a
Development Agreement before the City Council takes final action on final
plat; and
1.9 WHEREAS, Owner 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
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1.10 WHEREAS, City requires the Owner 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 OWNER: means and refers to C4 Land LLC, whose address is 4824 W.
Fairview, Boise, ID 83706 hereinafter called OWNER, the party that owns
said Property and shall include any subsequent owner(s) of the Property.
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DEVELOPMENT AGREEMENT-SKYBREAK SUBDIVISION.(H-2020-0127) PAGE 2 OF 9
3.3 DEVELOPER: means and refers to G20 LLC,whose address is 4824 W. j
Fait-view,Boise, ID 83706 hereinafter called DEVELOPER,the party that is
developing said Property and shall include any subsequent developer(s)ofthe
Property.
3.3 PROPERTY: means and refers to that certain parcel(s)of Property located
in the County of Ada,City of Meridian as in Exhibit"A"describing a parcel to
be annexed and bound by this Development Agreement and attached hereto
and by this reference incorporated herein as if set forth at length.
4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right
to develop the Property in accordance with the terms and conditions of this Agreement.
4.1 The uses allowed pursuant to this Agreement are only those uses allowed
under the UDC.
4.2 No change in the uses specified in this Agreement shall be allowed without
modification of this Agreement.
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5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY:
5.1. Owners and/or Developer shall develop the Property in accordance with the
following special conditions: The Skybreak Neighborhood shall follow the
approved phasing plan and/or obtain planning and fire department approval for
any modifications.
a. The applicant shall submit a wildland safety plan for the hillside area to be approved
by Meridian Fire Department with the first final plat.
b The existing residence at 3487 E.Adler Hof Ln.(Lot 45,Block 5)will be required to
abandon the well and septic system and connect to City water and sewer with
development of the property.
c The applicant shall not submit a final plat for Phase 8 and 9 until public street access
is provided.
d A 30' rear yard setback is required on Lots 74-83,Block 5,abutting Vantage Pointe.
e A 15' (external) side yard setback and an increased rear setback (as shown in
applicant's plans) is required for Lot 74,Block 5,abutting Vantage Pointe.
f The rear and/or sides of any 2-story structures facing S.Eagle Rd(18-21 Block 1, 15-
26 and 76-79 Block 9) shall incorporate articulation through changes in two or more
of the following:modulation(e.g.projections,recesses, step-backs,pop-outs),bays,
banding,porches,balconies,material types,or other integrated architectural elements i
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.
g Future development of this site shall substantially comply with the preliminary plat,
landscape plan and conceptual building elevations for the single-family attached and j
detached dwellings included in the attachments contained herein.
DEVELOPMENT AGREEMENT-SKYBREAK SUBDIVISION.(H-2020-0127) PAGE 3 OF 9
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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 and/or 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, Owners 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 j
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.
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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
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DEVELOPMENT AGREEMENT-SKYBREAK SUBDIVISION.(H-2020-0127) PAGE 4 OF 9
of City nor apply to any subsequent default of any such or other covenants and
conditions.
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 j
with Paragraph 11 above. j
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: I
CITY: with copy to:
City Clerk City Attorney
City of Meridian City of Meridian
33 E. Broadway Ave. 33 E. Broadway Avenue
Meridian, Idaho 83642 Meridian,Idaho 83642
OWNER: DEVELOPER:
C4 Land LLC G20 LLC
4824 W. Fairview 4824 W. Fairview
Boise, ID 83706 Boise,ID 83706
DEVELOPMENT AGREEMENT-SKYBREAK SUBDIVISION.(H-2020-0127) PAGE 5 OF 9
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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.
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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
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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 Owner and/or Developer,to execute appropriate and
recordable evidence of termination of this Agreement if City,in its sole and reasonable discretion,had
determined that Owner 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. j
21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements,
agreements,condition and understandings between Owner and/or Developer and City relative to the
subject matter hereof,and there are no promises,agreements,conditions or understanding,either oral
or written, express or implied, between Owner 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
DEVELOPMENT AGREEMENT-SKYBREAK SUBDIVISION.M-2020-0127) PAGE 6 OF 9 I
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signed by them or their successors in interest or their assigns,and pursuant,with respect to City,to a
duly adopted ordinance or resolution of City.
21.1 No condition governing the uses and/or conditions governing re-zoning of the subject
Property herein provided for can be modified or amended without the approval of the
City Council after the City has conducted public hearing(s) in accordance with the
notice provisions provided for a zoning designation and/or amendment in force at the
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time of the proposed amendment. I
22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the I
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]
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DEVELOPMENT AGREEMENT-SKYBREAK SUBDIVISION.(H-2020-0127) PAGE 7 OF 9
ACKNOWLEDGMENTS
IN WITNESS WHEREOF,the parties have herein executed this agreement and made
it effective as hereinabove provided.
OWNER: DEVELOPER:
C4 Land LLC G20 LLC
By: Jim Con r By: Jim e
Its:� Its:
CITY OF MERIDIAN ATTEST:
By:
Mayor Robert E. Simison 8-10-2021 Chris Johnson, City Clerk 8-10-2021
STATE OF IDAHO )
ss:
County of Ada )
On thiszday of 2021,before me,the undersigundersigned, "
d�,a Notary Public in and for said State,
personally appeared Jim Conge nown identified to me to be the fyV k& — of C4 Land LLC and
the person who signed above and acknowledged to me that he executed the same on behalf of said corporation.
IN WITNESS WHEREOF, I havj&reunto set my hand and of xed my official seal the day and year in this
certificate first above written. ••'•°,,�lE Lq••''•.,�
• •• �•�! •
�OTAR ''
�'e
• j Notary Public for
�•�. we
p Residing at:
sUBL1CA I My Commission Expires:
STATE OF IDAHO )
SS:• ••.•.•••e �'.•
County of Ada ) -�"I,- 'E OF 19 fV
On this 4W�$day of ,2021,before me,the undersigned,allotary Public in and for said State,
personally appeared Jim Conge nown identified to me to be the_ ( y(/� of G20,LLC and the
person who signed above and acknowledged to me that he executed the same on behalf of said corporation.
IN WITNESS WHEREOF, I have hereunto set my hand an ffixed my official seal the day and year in this
certificate first above written.
N1tE L
�N•• .9 •
••• ••• �V •'ice 4V
•.• •• ••O��.•� Notary Public for —.a0.V7
�� 13oTARy•; Residing at: TIa-zn
�•� : My Commission Expires: 2'.3---a0eZ(p
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DEVELOPMENT AGREEMENT—SKYBREAK SUBDIVISION.(H-2020-0127) PAGE 8 OF 9
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STATE OF IDAHO )
ss
County of Ada )
On this 1Oth day of August 2021,before me,a Notary Public,personally appeared Robert E.
Simison and Chris Johnson,known or identified to me to be the Mayor and Clerk,respectively,ofthe City of Meridian,
who executed the instrument or the person that executed the instrument of behalf of said City,and acknowledged to me
that such City executed the same. !
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IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year in this
certificate first above written.
(SEAL) Notary Public o Idahp
Residing at: tfentn, Idaho
Commission expires: - -
2D22—
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DEVELOPMENT AGREEMENT—SKYBREAK SUBDIVISION.(H-2020-0127) PAGE 9 OF 9
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0 EXH I BIT A
A. Annexation Legal Description & Exhibit Map (date 1/20/21)
Askawtooth Ladd Surveying, LL
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P: (206) 398-4-'1 04 F: (2(38) 338-$.05
2030 S. W&5hirijtom Ave., Emmett. ID 83G r 7
kybreak Annexation Legal Description
BASIS OF SEAFUNGS is S. 0"12'52"W. between a found aluminum cap marking the W1/4 corner and a found
alorninurn cap marking the NW Corner of 5eOon 4,T. 2 N., R. 1 E,, B.M., Ada County, Idaho.
A parcel of land located In the 5112 of the NVVI/4 of Section 4 Township 2 Northr Range 1 East Boise Wrldlan,
Ada County, Idaho, more particularly described as follows:
COMMENCING at an alamin urn cap marking the NW comer of said Section 4;
Thence S. 0°12152'W., coincident with the west line of said NMl1/4 and the centerline of S. Eagle Road, 1352.07
feet to an alurninurn cap PLS 13550, marking the N1/16 corner of said Section 4 arxl the POINT Or
BEGINNING;
Thence S. 8995222"E.,coincident with the north line of said 5112 of the NW1f4r a distance of 132L03 Feet to a
5f13"rebar{cap PLS 645, rnarking the h WIJ16 darner of said Sedlon 4;
Thence N. 890S6 41"E.,coincident with said north liner 1321.10 feet to a 5/8'rebaryca p PLS 4347, marking the
CN i f L6 corner of said Section 4;
Thence S. 073TOTr W_, coincldent with the east line of said NW1]4, a distance of 1333.72 feet to a 314'
rebar{cap P+LS 645, marking the C114 Corner of said seCWn 4;
Thence N. 89048'12"W.,coincident with the south line of said Section 4,a distance of 2632.71 feet to an illegible
aluminum caPr marking the W114 of said Section 4;
T#henoe N. 00'12'52"E., coincident with said west liner 1326.27 feet to the POINT OF REGINIXING-
The above described parcel contains 80.461 acres more ar less.
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Skybreak Subdivision H-2020-0127 page 2
EXHIBIT B
CITY OF MERIDIAN
FINDINGS OF FACT,CONCLUSIONS OF LAW d/(E
Nty
AND DECISION & ORDER
In the Matter of the Request for Annexation,Zoning to 11-8 and R-15 and Preliminary Plat for 316
residential lots, by DevCo LLC.
Case No(s). H-2020-0127
For the City Council Hearing Date of; June 29,2021 (Findings on .Jul) 24), 2021)
A. Findings of Fact
1. Hearing Facts(see attached Staff Report for the hearing date of June 29,2021,incorporated by
reference)
2. Process Facts(see attached Staff Report for the hearing date of June 29,2021, incorporated by
reference)
3. Application and Property Facts(see attached Staff Report for the hearing date of.Tune 29,2021,
incorporated by reference)
4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing
date of June 29, 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 1 Meridian City Code,and all current zoning maps thereof. The City of Meridian has,by
ordinance, established the Impact Area and the Comprehemive 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 June 29,2021, incorporated by reference. The conditions are concluded to be
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(SKY BREAK SUBDIVISION—FILL;#H-2020-0I27)
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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-8 and R-15 and Preliminary Plat for 316
residential lots is hereby approved per the conditions of approval in the Staff Report for the
hearing date of June 29,2021,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 11-6B-713),
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11-613-TA,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 I I-
6B-7C).
Notice of Conditional Use Permit Duration
Please take notice that the conditional use permit,when granted, shall be valid for a maximum
period of two(2)years unless otherwise approved by the City. During this time,the applicant
shall commence the use as permitted in accord with the conditions of approval, satisfy the
requirements set forth in the conditions of approval, and acquire building permits and
commence construction of permanent footings or structures on or in the ground. For
conditional use permits that also require platting,the final plat must be signed by the City
Engineer within this two(2)year period.
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11-513-6.G.1,the Director may authorize a single extension of the time to commence the
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
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(SKYBREAK SUBDIVISION-FILE#H-2020-0127)
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City Code Title 11(UDC 11-513-617).
Notice of Development Agreement Duration
The city and/or an applicant may request a development agreement or a modification to a
development agreement consistent with Idaho Code section 67-651IA. The development
agreement may be initiated by the city or applicant as part of a request for annexation and/or
rezone at any time prior to the adoption of findings for such request.
A development agreement may be modified by the city or an affected party of the development
agreement. Decision on the development agreement modification is made by the city council in
accord with this chapter. When approved,said development agreement shall be signed by the
property owner(s)and returned to the city within six(6)months of the city council granting the
modification.
A modification to the development agreement may be initiated prior to signature of the
agreement by all parties and/or may be requested to extend the time allowed for the agreement
to be signed and returned to the city if filed prior to the end of the six (6)month approval
period.
E. Notice of Final Action and Right to Regulatory Takings Analysis
1. Please take notice that this is a final action of the governing body of the City of Meridian.
When applicable and pursuant to Idaho Code § 67-6521,any affected person being a person
who has an interest in real property which may be adversely affected by the final action of the
governing board may within twenty-eight(28)days after the date of this decision and order
seek a judicial review as provided by Chapter 52,Title 67, Idaho Code.
F. Attached: Staff Report for the hearing date of June 29,2021
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(SKYBREAK SUBDIVISION-FILE#H-2420-0127)
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Item#6.
By action of the City Council at its regular meeting held on the 20th day of July
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: 7-20-2021
City Clerk's Office
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(SKYBREAK SUBDIVISION—FILE#H-2020-0127)
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June 21, 2021
MEMORANDUM
TO: Mayor and City Council
FROM: Alan Tiefenbach, Associate City Planner
RE: Skybreak Subdivision - H-2020-0127
At the May 26, 2021 City Council Special Meeting, the Council directed the applicant to
revise the Skybreak Subdivision plans to address three elements:
1. Provide sidewalks on at least one side of all streets;
2. Provide a better transition between the southern perimeter of the subdivision and the
Vantage Pointe Subdivision to the south. This should be done by extending the larger
lots at the southeast corner of Phase 7 to the west across the southern boundary to the
Farr Lateral;
3. Relocate some of the open space at the south to a more central location.
The applicant has provided revised plans. The plans reflect street sections of the private
streets to show a minimum 5' wide sidewalk on at least one side of the street. The private
street and open space oriented east-west at the southern boundary of the property
(adjacent to Vantage Pointe)has been replaced with lots meeting a minimum square
footage of 20,900 sq. ft. (thereby extending larger lots along the souther boundary). The
open space that was originally reflected at the southern boundary has been relocated to
the center of the development(shown as 19,925 sq. ft. Lot 170, Block 5). The open space
exhibit provided by the applicant reflects a slight reduction in what is being credited as
qualifying open space from 14.99 acres to 14.5 acres. The total number of buildable lots
has decreased from 329 lots to 316 (including the existing single-family residence). The
112 lots served by private streets has been reduced to 106. As requested by the Council,
proposed conditions of approval have also been provided with this memorandum.
Staff has prepared draft conditions of approval as directed by City Council.
Community Development Department . 33 E. Broadway Avenue, Suite 102, Meridian, ID 83642
Phone 208-884-5533 . Fax 208-888-6854 . www.meridiancity.org
Page 2
ATTACHMENTS
Updated Preliminary Plat and Landscape Plan
https://webli nk.meri diancity.ora/W ebLink/DocVi ew.aspx?id=2312 93&dbid—O&repo=Me
ridianCity
Updated Narrative
https://web]ink,inei-idiaiicity,org/WebLiiik/DocView.aspx'?id-231357&dbid=O&repo=Me
ridianCity
Page 3
PROPOSED CONDITIONS OF APPROVAL:
A. PLANNING DIVISION
1. A Development Agreement (DA)is required as a provision of annexation of
this property. Prior to approval of the annexation ordinance, a DA shall be
entered into between the City of Meridian,the property owner(s)at the time of
annexation ordinance adoption, and the developer.
Currently, a fee of$303.00 shall be paid by the Applicant to the Planning
Division prior to commencement of the DA. The DA shall be signed by the
property owner and returned to the Planning Division within six (6)months of
the City Council granting the annexation. The DA shall, at minimum,
incorporate the following provisions:
a. The Skybreak Neighborhood shall follow the approved phasing plan
and/or obtain planning and fire department approval for any modifications.
b. The applicant shall submit a wildland safety plan for the hillside area to be
approved by Meridian Fire Department with the first final plat.
c. The existing residence at 3487 E. Adler Hof Ln. (Lot 45, Block 5)will be
required to abandon the well and septic system and connect to City water
and sewer with development of the property.
d. The applicant shall not submit a final plat for Phase 8 and 9 until public
street access is provided.
e. A 30' rear yard setback is required on Lots 74-83, Block 5, abutting
Vantage Pointe.
f. A 15' (external) side yard setback and an increased rear setback(as shown
in applicant's plans) is required for Lot 74, Block 5, abutting Vantage
Pointe.
g. The rear and/or sides of any 2-story structures facing S. Eagle Rd (18-21
Block 1, 15-26 and 76-79 Block 9) shall incorporate articulation through
changes in two or more of the following: modulation(e.g. projections,
recesses, step-backs,pop-outs), bays,banding, porches,balconies,
material types, or other integrated architectural elements to break up
monotonous wall planes and roof lines. Single-story structures are exempt
from this requirement. Planning approval will be required at time of
building permit.
h. Future development of this site shall substantially comply with the
preliminary plat, landscape plan and conceptual building elevations for the
single-family attached and detached dwellings included in the attachments
contained herein.
2. Administrative design review will be required for all new attached residential
structures containing two (2)or more dwelling units.
Page 4
3. The City Council has approved alternative compliance from UDC 11-3F4
that limits gated developments to 50 lots, to allow 106 gated lots.
4. The City Council has approved alternative compliance from UDC 11-3F-4
prohibiting common driveways off private streets, to allow 3 common
driveways.
5. The City Council has approved a wavier from UDC 11-6C-3 limiting dead-
end streets ending in a cul-de-sac to 500 feet to allow the Phase 8 cul-de-sac
in the northeast corner to extend to approximately 610'.
6. The City Council has approved a wavier from UDC 11-6C-3 limiting block
face to no more than seven hundred fifty(750) feet in length without an
intersecting street or alley to allow Block 9,north of the Farr Lateral to be
approximately 1,000 feet in length.
7. The City Council has approved a wavier from UDC 11-6C-3 limiting block
face to no more than seven hundred fifty(750) feet in length without an
intersecting street or alley to allow Block 5, along the southern boundary of
the property,to be approximately 1,190 feet in length.
8. The City Council has approved alternative compliance from UDC 11-3B-12
and UDC 11-3G-3 requiring minimum landscaping along pathways and
within common open space to allow the pathway area shown in Lot 46 of
Block 5 to remain in a natural state.
9. The development shall comply with standards and installation for landscaping
as set forth in UDC 11-3B, 11-36 and maintenance thereof as set forth in
UDC 11-3B-13.
10. 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.
11. Except as otherwise listed above, the development shall comply with the
private street requirements as set forth in 11-3F, including the applicant or
owner providing documentation of a binding contract that establishes the
party or parties responsible for the repair and maintenance of the private
street, including regulations for the funding thereof.
12. The plat shall comply with the provisions for irrigation ditches, laterals,
canals and/or drainage courses, as set forth in UDC 11-3A-6. The Farr
Lateral is allowed to remain open as waived by City Council.
13. Except as listed above,the applicant shall comply with all provisions of 11-
3A-3 with regard to access to streets.
14. The development shall comply with all subdivision design and improvement
standards as set forth in UDC 11-6C-3, including but not limited to cul-de-
sacs, alleys, driveways,common driveways, easements, blocks, street
buffers, and mailbox placement.
Page 5
15. 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.
16. The Applicant shall have a maximum of two (2) years from the date of City
Council approval to obtain City Engineer's signature on a final plat in
accord with UDC 11-6B-7.
17. The Applicant shall comply with all conditions of ACHD.
18. Staff s failure to cite specific ordinance provisions or conditions from the
preliminary plat and/or development agreement does not relieve the
Applicant of responsibility for compliance.
B. PUBLIC WORKS
1. Site Specific Conditions of Approval
1.1 Preliminary plat conceptual site plans dated 12/11/2020 must be adjusted as
follows:
1.1.1 The sewer main stub near intersection of Street C and D needs to
end in a manhole.
1.1.2 The sewer main stub at the North end of Street E needs to end in a
manhole.
1.1.3 The sewer on the south-eastern boundary(Street J) should not go
to the property boundary.
1.1.4 The sewer main should run at 0.60% slope and end in a manhole
short of the property boundary.
1.1.5 Water and sewer mains must be covered in a 20-foot-wide
easement per utility.
1.1.6 Easements cannot have encroachments of any permanent structures
including but not limited to buildings, carports,trash enclosures,
fences,trees, deep rooting bushes, etc.
1.1.7 Maintain a minimum 90-degree angle into/out of all manholes.
1.1.8 Slope between manholes shall not exceed 5%. Slopes between
SSMH G-3 to SSMH H-1, SSMH G-4 to SSMH 1-1, and SSMH
6-8 to SSMH K-1 exceeds this.
1.1.9 No public main is allowed in common driveways, sewer line A and
F are shown going through private drives.
1.1.9.1 If you have three or less lots on a common drive, services
should be stubbed from the roadway.
1.1.9.2 Four or more lots, sewer will be allowed in the common
drive. Sewer will be private and will be the responsibility
of the HOA to maintain. Manholes needed in the common
drive shall be marked with "Private"on the lid.
1.1.10 A drainage plan is required to be provided and reviewed prior to
plan approval.
Page b
1.1.11 Current design does not meet minimum fire flow. A possible
solution is to upsize some 12" mains and add two more
connections, one at the southwest and one at the northeast corner
of the development. These changes must be coordinated with
Public Works.
1.1.12 A streetlight plan must be provided with the final plat application.
Streetlight plan requirements are listed in Meridian Design
Standards.
1.1.13 Phase 8 of the proposal is in Flood Zone A. This area requires
extending the existing hydraulic and hydrology study and
establishing base flood elevations. Other phases are not impacted
by flood zone and will not require floodplain study or permits.
Page 7
2. General Conditions of Approval
2.1 Applicant shall coordinate water and sewer main size and routing with the
Public Works Department,and execute standard forms of easements for any
mains that are required to provide service outside of a public right-of-way.
Minimum cover over sewer mains is three feet, if cover from top of pipe to
sub-grade is less than three feet than alternate materials shall be used in
conformance of City of Meridian Public Works Departments Standard
Specifications.
2.2 Per Meridian City Code (MCC),the applicant shall be responsible to install
sewer and water mains to and through this development. Applicant may be
eligible for a reimbursement agreement for infrastructure enhancement per
MCC 8-G-5.
2.3 The applicant shall provide easement(s) for all public water/sewer mains
outside of public right of way(include all water services and hydrants). The
easement widths shall be 20-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
development plan approval.
2.4 The City of Meridian requires that pressurized irrigation systems be supplied
by a year-round source of water(MCC 12-13-8.3). The applicant should be
required to use any existing surface or well water for the primary source. If a
surface or well source is not available, a single-point connection to the
culinary water system shall be required. If a single-point connection is
utilized,the developer will be responsible for the payment of assessments for
the common areas prior to prior to receiving development plan approval.
2.5 All existing structures that are required to be removed shall be prior to
signature on the final plat by the City Engineer. Any structures that are
allowed to remain shall be subject to evaluation and possible reassignment of
street addressing to be in compliance with MCC.
2.6 All irrigation ditches, canals, laterals, or drains, exclusive of natural
waterways, intersecting, crossing or laying adjacent and contiguous to the area
being subdivided shall be addressed per UDC 11-3A-6. In performing such
work,the applicant shall comply with Idaho Code 42-1207 and any other
applicable law or regulation.
Page 9
2.19 The applicants design engineer shall be responsible for inspection of all
irrigation and/or drainage facility within this project that do not fall under
the jurisdiction of an irrigation district or ACHD. The design engineer shall
provide certification that the facilities have been installed in accordance with
the approved design plans, This certification will be required before a
certificate of occupancy is issued for any structures within the project.
2.20 At the completion of the project, the applicant shall be responsible to
submit record drawings per the City of Meridian AutoCA❑ standards. These
record drawings must be received and approved prior to the issuance of a
certification of occupancy for any structures within the project.
2.21 A street light plan will need to be included in the civil construction plans.
Street light plan requirements are listed in section 6-5 of the Improvement
Standards for Street Lighting. A copy of the standards can be found at
http://www,rn eri diancity.org/publ i c_works.aspx?id=272.
2.22 The City of Meridian requires that the owner post to the City a
performance surety in the amount of 125% of the total construction cost for all
incomplete sewer, water and reuse infrastructure prior to final plat signature.
This surety will be verified by a lime item cost estimate provided by the owner
to the City. The surety can be posted in the fonn of an irrevocable letter of
credit, cash deposit or bond. Applicant must file an application for surety,
which can be found on the Community Development Department website.
Please contact Land Development Service for more information at 887-2211.
2.23 The City of Meridian requires that the owner post to the City a warranty
surety in the amount of20%of the total construction cost for all completed
sewer,water and reuse infrastructure for duration of two years. This surety
will be verified by a line item cost estimate provided by the owner to the City.
The surety can be posted in the 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.
EXHIBIT A
STAFF REPORT E COMMUNITY DEVELOPMENT DEVELOPMENT DEPARTMENT
HEARING 5/26/2021 (Continued from 5/25/2021)
40
DATE: I
ILegend
101P-a,--+Loco4,or
TO: Mayor&City Council
FROM: Alan Tiefenbach, Associate Planner
I ti
SUBJECT: H-2020-0127
Skybreak Subdivision
LOCATION: 7020 S. Eagle Rd. &3487 E. Adler Hof
Ln., in the south %of the NW '/4 of `
Section 4,T.2N., R.I E. (Parcels#
S1404244250& S1404233650) '
I. PROJECT DESCRIPTION
The Applicant has submitted the following applications:
• Annexation of 80.46 acres of land with an R-8 and R-15 zoning district;
• Preliminary plat consisting of 328 building lots,40 coirunon lots and 14 other lots(i.e. 12 common
driveway lots, one(1)private street lot and one(1)lot for the existing home).
• Private streets in the gated portion of the development serving 112 residential units with two(2)gates;and,
• Alternative Compliance to UDC 1 1-3F-4A.6,which prohibits common driveways off private streets, to
allow such in three(3) locations within the gated area of the subdivision and UDC 11-3F-4A.b which
limits all proposed gated developments to 50 units.
The applicant submitted a previous proposal its June of 2020(H-2020-0079), This proposal consisted of 353
building lots, all of it single family detached This proposal was scheduled for the October 15,2020
Planning Commission meeting. Following staffs report to the Commission recommending denial,the
applicant withdrew the application,and resubmitted the present one in January of'2021. This proposal is
virtually the same except for 24 less lots,slightly enlarged open space in several areas,and 30 single family
attached units in floe northwest corner of the project.
Page 1
C
II. SUMMARY OF REPORT
A. Project Summary
Description Details Page
Acreage 80.46
Existing/Proposed Zoning RUT in Ada County(existing),R-8 and R-15 proposed
Future Land Use Designation Low Density Residential(LDR)&Medium Density Residential(MDR)
Existing Land Use(s) Single-family residential/agricultural
Proposed Land Uses) Single-family residential(SFR)
Lots(4 and type; 328 SFR buildable lots/40 common lots/14 other lots(i.e. 12 common driveway 1
bldg./comnton) lots, 1 private street lot& I lot for the existing home)
Phasing Plan(#of phases) 9 phases
Number of Residential Units 30 attached SFR homes
(type of units) 2TR detached SFR homes(one is existing) 1
Density 4.1 units/acre(gross)
Open Space(acres,total 14.99 acres(or 18.81ia)qualified open space
[%I/buffer/qua I i fscd)
Amenities (2)dog parks;'/,acre park with play structure,climbing rocks,a shade structure
and benches;entry park, I.-acre sports park,passive open spaces and pathways
Physical Features The Farr Lateral crosses the southwest corner of this site;hillside/topography
(waterways,hazards,flood within southern rim area.
plain,hillside)
Neighborhood meeting date; 5127/20; 14 attendees,December 16,2020;9 attendees
#of attendees:
History(previous approvals) Property boundary adjustment(Record of Survey 912358,Eisemnan 2020),
previous proposal similar to this one was withdrawn just prior to Planning
Commission due to staff recommendation of denial.(H-2020-0079)
B. Community Metrics
Description Details Page
Ada County Highway
District
• Staff report(yeslno) Yes
• Requires ACHD No
Commission Action
(Yes/no)
Traffic Impact Study(yes/no) Yes
Access One(1)public street access(Street A)is proposed via S. Eagle Rd.,an arterial
(Arterial/Col lectors/State street.Eagle Rd. is curresth,i►nprovetl ivith 2 travel lanes and no curb,gutter or
Hwy/Local)(Existing and sideivalli.
Proposed)
Traffic Level of Service Eaglc Rd.—Better than"E"(acceptable level of service)
Stub Stub streets are proposed to adjacent properties for future extension and
Street/lnterconnectivity/Cross interconnectivity as depicted on the plat. Southern stub streets only have
Access emergency access. The area in the NEC of the proposed development(Phase 8)
— Page 2
Description Details Page
cannot develop until Pura Vida extends a public street;Phase 9 of the
development currently does not have the right to access the private lane and
cannot develop until a public street is extended to the proposed development
Existing Road Network There is an existing private street(E.Adler Hof Ln.)that provides access from S.
Eagle Rd.to the existing homes on this site.This roadway should terminate with
development of the site as proposed.
Existing Arterial Sidewalks 1 None
Buffers
Proposed Road Capital Improvements Plan(CiP)l Integrated Five Year Work Plan(IFYWPy:
Improvements Lake Hazel Road is scheduled in the IFYWP to be widened to 5-lanes from Eagle Road to
Cloverdale Road in 2024.
• Eagle Road is scheduled in the IFYWP to be widened to 5-lanes From Lake Hazel Road to
Amity Road in 2023,
■ The intersection of Lake Hazel Road and Eagle Road is scheduled In the IFYWP to be
widened to 6-lanes on the north leg,5-lanes on the south, 7-lanes east,and 6-lanes on the
west leg,and reconstructed+signahZed in 2023.
■ Lake Hazel Road is listed in the 2016 CIP to be widened to 5-lanes from Locust Grave Road
to Eagle Road between 2026 and 2030.
■ The intersection of Lake Hazel Road and Locust Grove Road is listed in She 2016 CIP to be
widened to 3-lanes on the north leg, 2-lanes on the south.2-lanes east,and 3-lanes on the
west leg,and signalized between 2026 and 2030.
Fire Service
■ Distance to Fire Station 2.9 miles(Fire Station#4)
Fire has expressed concerns with only one point of access from S. Eagle Rd. Fire
would prefer a second access to the north to E. Lake Hazel Rd.
Fire has also expressed concerns with the private gates causing additional delays.
• Fire Response Time Most(3141-1-)of this development falls outside of the 5 minute response time goal
from Fire Station##4.
■ Resource Reliability Current reliability is 77%' from Station#4—does not meet targeted goal of 80%or
greater
• Risk Identification 2—current resources would nor be adequate to supply service.
A wildfire safety plan is required.
• Accessibility Project meets all required access.road widths and turnaround.
• Special/resource needs Project will not require an aerial device;can meet this need in the required
time frame if a truck company is required(fire station is 5.9 miles away).
• Water Supply Requires 1,000 gallons per minute:for one hour,may he less ifbuildings are fully
sprinklered.
• Other I the event of a hazmat event,there will need to he mutual aid required for the
development. fn the event of a structure fire.an additional truck company will be
required—this will require additional time delays as a second truck company is
not available in the City.
Police Service
■ Distance to Police 5.5 Holes
Station
• Police Response Time There is no call data in this area because the proposed development is at the edge f
afcity limits.
• Calls for Service 7(within a mile of site—between 211119 and 1/31120)
■ %of calls for service See Section IX.D
split by priority
• Accessibility No concerns
Page 3
Description Details Page
• Spccialtylresource needs None at this time
• Crimes I (within a mile of site—between 2/1�19 and 1/31120)
■ Crashes cy(within a mile of site—between 211119 and 1/31/20)
• Other Although located near the edge of City limits,service can be provided if this
developit is ap2roved,
West Ada School District
• Distance(eietn,ms, hs) Enrollment capac Miles
pec VX"-
+ Capacity of schools "Silver Sage El erne ntary•' 230 425 s.z miles
lake Hazei Middle School 428 tow 2.4 miles
* 4 of Students Enrolled Mountain View High School 2302 217s 4.8 miles
'*Enrollment at Hillsdale Elementary is currently capped. Students in this development will be attending Silver Sag
Elementary until a new sham is[wilt to eliminate overcrowding at Hillsdale Elementary.••
■ Predicted#of students 247+/-
generated from
proposed development
Wastewater
■ Distance to Sewer Sewer will be available with the development of Keep Subdivision on the West side of
Services Eagle Road.
• Sewer Shed South Black Cat Trunk Shed
+ Estimated Project Sewer See Application
ERU's
• WRRF Declining 14,09
Balance
. Project Consistent with Yes
WW Master
Plan/Facility Plan
■ Impacts/Conccrns Water and sewer mains should not be in common driveways.
Concerns have been expressed regarding the width of the private streets and that the
required 30' easements may overlap onto private properties,rendering these areas
unbuildablc.
The City is applying the following requirements for Common Driveways.
• Three or less lots—services from main in adjacent road
Four or more lots—Sewer in common drive.Sewer will be private and will be
the responsibility of the HOA to maintain. Manhole needed in the common
drive at the property bounds with"Private"on the lid.
Water
■ Distance to Water Directly adjacent
Services
a Pressure Zone S
• Estimated Project Water See application
ERU's
Page 4
. Water Quality No concerns
. Project Consistent with Yes
Water Master Plan
■ Impacts/Concerns •Common drives that have both water and sewer mains will require a 30'easement
•As currently designed,most phases do not mcct minimum fire flow pressure.There
are multiple options to meet fire flow including upsizing some water mains to 12"and a
secondary connections.
•Coordinate with PW Engineering on main sizes,connection at the 5W corner and
connection at the NE corner.
C. Project Area Maps
Future Land Use Map Aerial Map
Legend Legend
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Page 5
Zoning Map Planned Development Map
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11I. APPLICANT INFORMATION
A. Applicant;
Conger Group—4824 W. Fairview Ave„Boise, ID 83706
B. Owner:
Peter and Dana Eisenman—3487 E. Adler Hof Ln.,Meridian, ID 83642
C. Representative;
Laren Bailey, Conger Group—4824 W. Fairview Ave.,Boise, ID 83706
IV. NOTICING
Planning& Zoning City Council
Posting.Date Posting Date
Notification published in 2/26/2021 5/7/2021
newspaper
Notification mailed to property 2/23/2021 5/4/2021
owners within 300 feet
Applicant posted public hearing 3/5/2021 5/13/2021
notice on site
Nextdoor posting 2/25/2021 5/3/2021
Page 6
V.STAFF ANALYSIS
A. Future Land Use Map Designation
The Future Land Use Map(FLUM)contained in the Comprehensive Plan designates the 6-ri-acres at the
southwest corner of the site, south of the Farr Lateral,as Low Density Residential (LDR) and the remaining
74+1-acres as Medium Density Residential (MDR). A City Park is designated in the general area at the
southwest corner of the site.
Per the Comprehensive Plan,the LDR designation allows for the development of single-family homes on large
and estate lots at gross densities of 3 dwelling units or less per acre. These areas often transition between
existing rural residential and urban properties. Developments need to respect agricultural heritage and
resources,recognize view sheds and open spaces,and maintain or improve the overall atmosphere of the area.
The use of open spaces, parks,trails and other appropriate means should enhance the character of the area.
Density bonuses rnav be considered with the provision of'additional public arrrenities such as a park, school, or
land dedicated,for public sen4ces.
The MDR designation allows for dwelling units at gross densities of 3 to 8 dwelling units per acre.Density
bonuses ntay be considered with the provision ofadditional public anrenities such as a park, school. or land
dedicated for public services.
The Applicant proposes to develop this site with 328 single-family residential homes at an overall gross
density of 4.1 dwelling units per acre(An additional lot will contain the existing house). A total of 23 units are
proposed within the 6+1-acre LDR designated area for a gross density of 3.8 units per acre in that area, which
exceeds the density desired of 3 or fewer units per acre. Smaller lots, instead of the large or estate lots as
desired in LDR designated areas, are proposed along with open space areas along the southern boundary and
along the northern boundary adjacent to the Farr Lateral. There are several larger one-half acre lots proposed at
the southeast directly abutting the adjacent residences in Vantage Point Subdivision. However,the rectangular
lots are oriented as such that the abutting lot lines are half or less than the width of the neighboring residential
lots,so there are several lots abutting one neighboring lot.The applicant proposes to limit the height of the
houses in this area to one story to help protect view sheds.
The units proposed in the MDR designated area meet a gross density of 4.1 units per acre in that area,which is
consistent with that desired in MDR designated areas of 3 to 8 units per acre. A City park is not proposed,but
the Park's Department has determined a City park is not needed in this area.
B. Comprehensive Plan Analysis(COMPREHENSIVE PLAN)
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 applicant is proposing 328 lots. with 30 of the lots containing single family attached at the northive.st
portion of the.site. The remainder of the 299 lots are intended,far.single family detached aunts.
The applicant's narrative references housing types such as large rirn lot houses, myo story golf course
houses, large lot hoines, 255 single store. Ironies and the attached single-family product. The single
family attached product does contribute to the variey,,of housing apes in the overall area. However, the
retraining single fiamily detached houses contribute to a diversity of housing s les but not particularly
the varier,of housing types intended by the Comprehensive Plan far all needs,preferences and financial
capabilities.
Page 7
• "Permit new development only where it can be adequately served by critical public facilities and urban
services at the time of final approval,and in accord with any adopted levels of service for public
facilities and services."(3.03.03F)
City water and sewer services are available and can he extended by the developer with development in
accord with UDC 11-3A-21.
Currently, this development call be served by the Fire Department. However, most gl'the development
is outside of response time goals, does not meet resource reliability goals, and has risk.factors
including a steep hill with a potential.for wildfire ij'the hillside isn't maintained(see the Fire
Department's comment in Section VII below). Additionally, with the main access and secondary
access both from Eagle Rd., rf access is blocked_fr•orn the north via Eagle Rd. it rnav delaY emergency
services by having to travel 3.5+1-miles around the.square mile to access the site,potentially creating
a life safe(v issue.If the applicant is able to secure legal secondary access to the north this would
alleviate concerns but this would be contingent upon whether those properties develop, and.staff rrzighr
recommend on1v some number of'lots being developed until that occurs. The Southern Meridian Fire
Station adjacent to Discovery Park is anticipated for-construction in 2023; ij'this occurs, there will be
signif icandy improved fire service to the subject property. The annexation is currently in process and
scheduled.for a public hearing.
* "Require all new development to create a site design compatible with surrounding uses through
buffering,screening,transitional densities,and other hest site design practices."(3.07.01A)
The subject property abuts Pura Vida Ridge Ranch to the northeast, the Boise Ranch Golf Course to
the east, and Vantage Pointe Subdivision to the south.
This development proposes R-8 zoning and lot sizes of approximately 5,ODO sq._fi. to 6,ODD sq,f t.
adjacent to Pura Vida Ridge Ranch, whereas Pura Vida Ranch includes lot sizes of comparable sizes
and the same R-8 zoning. To the southwest(Phase 9). the development proposes lot sizes of-
approximatel-v 6,000—6,500 sq.,ft. whereas the adjacent Vantage Pointe Subdivision is comprised of
lots one-acre in size and greater(although there are four lots proposed with this development directli�
abutting the south area and are % acre to 'I acre in size).
The development does include private roads and common open space as a btrffer ofbet een 811 feet
and 120 feet between the s►naller lots aj'the subject properly,and the one acre lots to the sor,rth in
Vantage Point. The development also proposes one story homes in this area. Ali abutting neighbor has
submitted written testimony stating the buffer as proposed crud the lot sizes are not appropriate
transitions in this area. It is staff"s opinion the lots should be at least one-acre in this area and have
property line lengths that better orient to adjacent aff-site properties. The Planning Commission and
City'Council should assess whether there is an appropriate transition in this area,
"Encourage compatible uses and site design to minimize conflicts and maximize use of land."
(3.07.00)
The proposed single,familt,attached homes at the northwest are generally compatible as they directlyr
abut S. Eagle Road and there are no adjacent horses directly to the north. The single.fctmily detached
homes are generally compatible with existing rural residential homes as they are all residential in
mature. However, with the exception of'the larger lots and open space on the south boundary, the
proposed plat depicts smaller lots (i.e. 4.448-4,950 s;f) than those of the lots in the abutting Vantage
Pointe Subdivision_ The Commission and Council should determine if the applicant has provided all
adequate transition.
Page 8 — -
• "With new subdivision plats,require the design and construction of pathway connections,easy
pedestrian and tricycle access to parks, safe routes to schools,and the incorporation of usable open
space with quality amenities."(2.02.01 A)
The Path wa-vsPlan depicts a segment oj'the City:s multi-use pathwa' s)wem along the eastern
boundary o the site; a I0-foot wide mulli�-use pathwat�is proposed in accord with the Plan on the
northern portion oj'the development but transitions to a 5 foot wide pathway to the south and does not
stub to the south f'or f rture extension as shown on the Plan. However, the Park's Dept. has indicated
thev are supportive of the proposed design. This pathwav will eventually provide a connection to
Discovenv Park to the west and Hillside Elementan-v and the YMCA to the north. There is also a 10'
andti-use pathway proposed adjacent to the Farr Lateral, as is shown on the pathways plan. These
pathways will be valuable amenities to the project.A golf cartputhwali,is shown as Lot 41 on Block 5,
which terminates at the Boise Ranch Golf Course.
Proposed site amenities consist of'children's play equipnrent1structure..s, a picnic shelter,pathwvj}s, two
dog parks and additional open:space of at least 20,000 square feet above the minimum UDC
requirements, which are located along the northern and southern boundaries oj'the site and are not
centralll,located.Although much of the open space meets the mininnan dinierrsional regatirenrents of the
UDC(i.e. at least 20'in width and 50'in length with an access on each end)a.significant portion of
what is proposed as qualified open space consists of street bq fei s and end caps with parkways. Also, it
is important to note that the applicant's narrative contains a pedestrian connectivity,exhibit which
Shows narrow private roads with no sidewalks and common drives as "pedestrian connections"which
staff f�believes is somewhat misleading. However, the private street standards do not require them.
Additionally, stglf believes the entire development should contain public streets which would require
the 5-
.foot sidewalks per City code. The Commission and Council should determine tf the pedestrian
circulation plan is adequale for the proposed development with the inclusion of'theprivate syslem,
• "Evaluate open space and amenity requirement and criteria for consistency with community needs and
values."(2.02.01B)
Because the average lot size proposed in the development is only 6,280 square feet, Staff is of the
opinion the end caps could be re-oriented/consolidated with other larger common lots to increase the
usable open space within the development. This was discussed during the pre-application meelings with
the applicant and they are of the opinion the open.space as proposed exceeds UDC.standards and is
designed to meet the needs of the development.
• "Ensure development is connected to City of Meridian water and sanitary sewer systems and the
extension to and through said developments are constructed in conformance with the City of Meridian
Water and Sewer System Master Plans in effect at the time of development."(3.03.03A)
The proposed development will connect to Ciq,water-and sewer st.stems;sen4ces are required to be
provided to and through with this development.
■ "Maximize public services by prioritizing infill development of vacant and underdeveloped parcels
within the City over parcels on the fringe."(2,02.02)
The subject property.,abuts portions oj'lhe city limits at the northwest and northeast corner, but the
majority of the property perimeter is surrounded by unincorporated Ada County. The proposed pro_ject
is located near the fringe of the Cite'and does not meet the definition o f'an in fill ill development.
■ "Encourage the incorporation of creek corridors as amenities in development design."(4.05.02C)
The Ten Mile Creek crosses the northeast corner oj'the site; a common area is proposed for the creek
area and a multi-use pathway is proposed along the creek in accord with the Pathwa}Ts Master Plan.
Page 9
• "Require urban infrastructure be provided for all new developments, including curb and gutter,
sidewalks,water and sewer utilities."(3.03.03G)
Citk sewer and water it?feast►ucture and curb,gutter-and sidewalks are required to be provided with
the public road portion of this development. The cross sections provided for the private road portion
do not depict sidetivalks. The applicant contends that the private streets provide an intimate setting_far
the residents and narrower streets decrease traffic speeds which do not warrant the additional
improvements. It is important to note that the director has not approved the private street application,
thus the plat should be redesigned to incorporate public streets,for the entire development.
• "Slow the outward progression of the City's limits by discouraging fringe area development; encourage
development of vacant or underutilized parcels currently within City limits."(4.05.03B)
The proposed project is in the City's 'fringe"area; therefore, development ill this area is not
encouraged as are vacantlunderutilized parcels currently withi►r 04,limits. However, the Cit},has
recently approved several developments (Pura 1,ida and Poietna)north of the proposed development
making this property,more desirable to develop.
• "Evaluate comprehensive impacts of growth and consider City Master Plans and Strategic Plans in all
land use decisions(e,g.,traffic impacts, school enrollment, and parks)."(3.01.01A)
Eagle Rd. is currenth,a 2-lane roadway with no curb, gutter or sidewalks; no improvements are
Planned in the CIPIIFYWP to the segment of Eagle Rd. abutting this site. The Lake Hazel/Eagle Road
intersection north of the site is planned to be reconstructed and.signalized in 2023. The ACHD report
states that the TIS estimates this development to generate ail additional 3.343 trips per da3>resulting in
an acceptable level of service(i.e. better than "E'),
WASD estimates this development will house approximately 247school aged children—enrollment at
Hillsdale Elementary is eurrenth capped so students in this development would attend Silver Sage,
which is currently under capacity; enrollment at Lake Hazel Middle School and Mountain View High
School would be over capaciti,at build-nut of this development according to the Connnunity
Development's school impact review included in Section VII.
Water and.server are being extended consistent with the Citv's master plan as noted above.
Discove?y Park, a 77+1-acre City Park, is located approximately a mile away from this site to the crest
on Lake Hazel Rd., which.should he adequate to sense this development.
■ "Annex lands into the corporate boundaries of the City only when the annexation proposal conforms to
the City's vision and the necessary extension of public services and infrastructure is provided."
(3.03.03)
Two types of hotasing are proposed-single,family detached and 30 single family attached units- which
will provide diversity in housing, and the density in the XfDR designated area falls within the desired
range. The density proposed in the LDR designated area at the southwest corner of the site is above the
3 units orfe-wer per acre desired in that area. However, the Comprehensive Plan statesfature land use
designations are not parcel specific. An adjacent, abutting designation, when appropriate and
approved as part ofapublic hearing with a land development application, may be used.A designation
nu{v not must riot he used on a parcel not directly abutting the designation, and may not apply to more
than 50°%oj'the land being developed. The predominate land use designation is MDR and the applicant
has the ability to design the project to meet density perimeters of the AfDR designations provided other-
goals ofthe Comprehensive Plan are being met.
- Page 10 -
4s discussed below, R-15 zoning is proposed at the less dense eastern portion of the site to allow,the
option o f private streets without sidewalks., Stuff has concerns with the private streets, specrf ically the
long-term maintenance and interconnectivity with surrounding developments. If these roadivgys are not
constructed to ACHD standards, the likelihood ofACHD accepting these streets in the,future is slim.
.41 o, stafj:finds that although most ofthe open space meets the minimum dimensions, not all oj'it is
quality open space(please see the qualified open space section below). The Fire Department has noted
concerns with the access and serviceability ofthis project ahead ofthe_fire station being constructed
next to Discovery Park. Finally,public services are proposed to be extended near the fringe of the City
rather than to vacantlunderdeveloped infill parcels as desired. For these reasons. Staff is of the opinion
the proposed annexation ►nav not he the best interest of the Cite at this time.
C. Annexation &Zoning:
Portions of the annexation area are contiguous to a portion of the current City limits boundary and within the
City's Area of City Impact at the east boundary. Most of the surrounding properties are still within
unincorporated Ada County. A legal description and exhibit map for the annexation area is included in Section
VI.A.
The proposed annexation area consists of two(2) tax parcels containing a total of 80.46 acres of land
designated as LDR and MDR on the FLUM and contains land to the section line of S. Eagle Rd. The Applicant
proposes to annex the two(2)parcels, zone the western 43.85 acres with an R-8 zoning district, and the eastern
36.60-acre portion with a R-15 zoning district.
The R-8 zoning district allows lots as small as 4,000 sq. ft.with a minimum street frontage of 40'. The western
43.85 acres of the plat proposed for R-8 zoning reflects lots that meet this minimum lot and frontages
requirements.
The R-15 zoning district allows lots as small as 2,000 sq.ft.and has no requirement for a minimum
street frontage.This zoning is typically reserved for higher densities, including single family attached,
townhomes and multifamily.It is important to note that with the previous application,staff informed
the applicant that the private streets that are proposed with a significant portion of this development
were not allowed under the R-8 zoning that was originally proposed for the entire development.The
provisions for private streets apply only to properties that do not have frontage on a public street or
where frontage is not required.per UDC 11-3F-2.The applicant has subsequently revised their
application to propose R-15 zoning merely for the purpose of being eligible for private streets whereas
all other dimensional standards would comply with the requirements of the R-8 zone. Staff believes the
development should incorporate public streets within the entire development and zone the property in
accord with the more appropriate R-S zone(Please see the access section below for more discussion
regarding the private streets).In previous discussions with the applicant,staff has suggested the
applicant either rezone to PUD,or initiate a code change in regard to requirements for private streets.
The applicant has chosen to move forward with a request to rezone to R-15.
D. Existing Structures/Site Improvements:
There are two(2)existing homes and outbuildings on this site-the 5,892 square font home constructed in
2002 at the east end of the site is planned to remain on a lot(Lot 64, Block 5) in the proposed subdivision; the
home and accessory structures on the west end of the site are planned to be removed with development. These
homes are accessed via a private lane(E. Adler Hof Ln.)from S. Eagle Rd. If annexed,the home proposed to
remain is required to hook-up to City water and sewer service and change their address.
Page I 1
E. Proposed Use Analysis:
Single-family attached and detached dwellings are listed in UDC Table 11-2A-2 as a principal permitted use in
the R-8 and R-15 zoning districts. The proposed use,with two housing types,is mostly consistent with the
purpose statement of the residential district in that a range of housing opportunities and a variety of dwelling
types would be provided consistent with the Comprehensive Plan and UDC l 1-2A-1 and 1 I-6A-1. However,
proposing to rezone a portion of the property to the R-15 zone when R-8 zone would suffice merely for the
reason of being eligible for private streets is not consistent with the purpose statement of UDC 1 1-3F-1. While
this isn't an uncommon practice,this section states that"it is not the intent to approve private streets for single-
family, duplex and/or townhouse developments other than those that create a common mew through the site
design or that propose a limited gated residential development"as no single family attached are in this area and
no common mews are proposed. Further, a limited gated community as specified in the UDC is 50 or fewer
homes. As noted below,the applicant is proposing that 112 homes utilize the proposed private street in an area
that doesn't have an established street network and limited access.Therefore,the director has denied the
private street application(see below for analysis).
F. Dimensional Standards (UDC II-I);
The proposed preliminary plat consists of 328 building lots,40 common lots, and 14 other lots(i.e. common
driveway lots, I private street lot and 1 lot for the existing home) on 80.46 acres of land.
Development is subject to the dimensional standards listed in 11-2A-6 and 11-2A-7 for the R-8 and R-15
zoning districts. Lots in the western portion proposed for R-8 meet the minimum lot size of 4,000 sq. f#.with a
40' tot frontage. Although the lots in the 35.6-acre eastern portion proposed for R-15 meet the dimensional
standards of that zone district(minimum lot size of 2,000 sq.ft. and no minimum frontage requirement)as
presently proposed, they would also meet the minimum requirements of the R-8 zoning district.
Subdivision Design and Improvement Standards (UDC 11-6C-3)
Development of the subdivision is required to comply with the subdivision design and improvement standards
listed in UDC 11-6C-3, including but not limited to streets,common driveways and block face.
Block length is required to comply with the standards listed in UDC 11-6C-3F. Block faces should not exceed
750' in length without an intersecting street or alley unless a pedestrian connection is provided,then the block
face may be extended up to 1,000' in length. The City Council may approve a block face up to 1,200' in length
where block design is constrained by certain site conditions as specified in UDC I 1-6C-3F.3b. The face of
Block 9 on the north side of the Farr Lateral is 1,000'+1-and does not contain a pathway or intersecting
street or alley. This is also true of the section of Block 5 that is south of private street A of more than 850
feet. Council approval would be needed,or the plat would need to be revised to comply with the
standard.
At the northeast corner of the site,a street ending in a cul-de-sac is proposed which will likely exceed the
maximum 500' length allowed in UDC 1 I-6C-3B.4 depending on how the property to the north develops. Staff
had recommended an internal street access to this portion of the development rather than the sole access being
provided via a stub street from the north.The applicant has responded due to the topography in this area,they
cannot provide the recommended internal access. However,just to the north of this cul-de-sac,the plat shows a
golf cart path in this general area.
Twelve(12)common driveways are proposed; such driveways should be constructed in accord with the
standards listed in UDC 1 I-6C-3D.A perpetual ingress/egress easement shall be filed with the Ada County
Recorder, which shall include a requirement for maintenance of a paved surface capable of supporting fire
vehicles and equipment. An exhibit should be submitted with the final plat application that depicts the
setbacks, fencing. building envelope,and orientation of the lots and structures accessed via the common
Page 12
driveway; if a property abuts a common driveway but has the required minimum street frontage and is taking
access via the public street,the driveway should be depicted on the apposite side of the shared property line
from the common driveway. Address signage should be provided at the public street for homes accessed via
conunon driveways for emergency wayfinding purposes. Where two(2)common driveways are proposed that
adjoin,bollards(or other barrier approved by the Fire Dept.)should be placed at the common lot line to
prevent a through connection between streets.
The applicant has submitted a phasing plan. The phasing plan shows nine phases,with the first phase occurring
directly adjacent to S. Eagle Rd at the proposed public street, Number of lots being built out vary between 59
at the first phase,to 23 at the last phase. Phase 8 and Phase 9 are both disconnected frorn the rest of the
subdivision, although staff does believe an access could be constructed across the Farr Lateral between.Phase 1
or 2 and Phase 9.
UDC 11-3F-4 prohibits common driveways off of private streets whereas this proposal includes three
common driveways served by private streets.The applicant has requested alternative compliance from
this standard.
G. Access(UDC 11-3A-31
The existing roadways in this area are rural in nature. Eagle Rd. is currently improved with 2 travel lanes and
no curb,gutter or sidewalk. Improvements and a signal are planned for the Lake Hazel/Eagle Rd. intersection
in 2023. Lake Hazel is planned to be widened to 5-lanes between Eagle and Cloverdale Roads in 2024, and to
5-lanes from Locust Grove to Eagle Roads between 2026 and 2030; no improvements are planned to Eagle Rd.
south of Lake Hazel abutting the site. The applicant will be required to constrict 5-foot-wide sidewalk on S.
Eagle Rd abutting the site.
One (1)public street, Street A, is proposed for access via S. Eagle Rd. as a collector street to the intersection of
Street C, also a public street. Three(3)stub streets are proposed at the north,and two(2) stub street are
proposed at the south boundaries of the site for future extension in accord with UDC I 1-3A-3. One of these
southern stubs is a secondary emergency access to E. Vantage Pointe Ln. to be constructed with the first phase
of development. There is also a cul-de-sac at the extreme northeast serving 15 additional lots, which is
intended to connect to a public road through the recently approved Pura Vida Ridge Ranch. This area is shown
as Phase 8 and does not connect to the rest of the Skybreak Subdivision,except for the connected pathway
system.
There are two southern roads shown to connect from the subject property to E. Vantage Pointe Lane to the
south. E. Vantage Point Lane is a private road, and the applicant has only demonstrated the legal right to use
this road for emergency access(Inst. #2020-063349); public access is not allowed. This is adequate for
emergency access to occur from the cul-de-sac shown at the end of the public street shown as Street J.
However, this application also shows an additional 23 lots being served from a double cul-de-sac shown as
Phase 9. The applicant has not demonstrated they have primary legal access to these lots via E.Vantage
Pointe Lane. The applicant has responded that they intend to eventually obtain this access and will build
out this later phase when it is obtained, but staff is concerned with an application which proposes
annexing and zoning 23 lots into the City, without proof of access. The applicant should construct a
roadway across the Farr Lateral to provide access to the portion of the development for better
integration.
The Fire Department has noted in a letter dated February 16,2021 that they are concerned with a large
subdivision with only one access out to S.Eagle Rd.Two of the three northern stubs go to properties
within unincorporated Ada County which are not proposed for development at this time.The third
northern stub only serves Phase 8 which does not connect to the rest of the subdivision. if access from
the north via Eagle Rd. is blocked,in the event of an emergency,emergency vehicles would have to
travel an additional 3.5+1-miles around the square mile to access the site creating a potential life safety
Page 13
issue due to a delayed response time. Staff has recommended the applicant pursue a northern access to
allow access from this subdivision via the public road in the Pura Vida Subdivision and to E. Lake Hazel
Rd, but the applicant has responded that due to topography this is not feasible,although the applicant
has managed to configure a golf cart path to the golf course at the north. In addition, the Fire
Department has mentioned the majority of the subdivision is outside of the 5-minute response area,and
the nearest station (Station 4) has a low reliability rating.This would improve if and when the
southwestern fire station adjacent to Discovery Park is constructed in 2023.The applicant has submitted
a phasing plan which shows each phase has at least two accesses for emergency service, but as
mentioned,except for Phase S at the northeast corner,all the other phases rely on only S.Eagle Rd for
access.Staff is aware that access will improve in this area over time however,it is contingent on other
properties developing in the area to provide the necessary road network.
A combination of public and private streets are proposed for access within the development—public streets are
proposed on the west and private streets serving 112 lots are proposed on the east end of the subdivision. Three
(3)common driveways are proposed for access off private streets(see analysis below).
The applicant has provided sections of the private streets with this plat application(see Section VI).
Although the plat does not indicate exactly which private street cross sections are proposed in which
area,the street sections show private streets as narrow as 27',none of which include sidewalks.Since the
time of the pre-application meetings,staff has responded that staff does not support this many lots being
served by private streets.This is because this results in streets that would pass the maintenance costs on
to the homeowners through the HOA, as ACHD would not accept these roads in the future if there were
financial constraints. Staff has requested the developer state the reason for requesting private streets
other than the additional costs to build them to the standard template,and the only responses staff has
received thus far is that there is a demographic of senior home buyers that prefer the security a gated
community can provide and that the gates and private streets will provide a more intimate setting.Staff
agrees that there are probably buyers that would prefer gated communities and private streets,but still
does not understand why narrow private streets are preferable to streets built to standard templates and
containing landscaping and sidewalk. As noted above,staff finds the proposal is not a limited gated
community,exceeds more than 50 homes.Therefore,the plat should be resigned to incorporate public
streets for the entire development. As noted below the applicant has requested alternative compliance
(ALT) to allow 112 homes as proposed.The director has denied the applicant's AL.T request.
ALTERNATIVE COMPLIANCE
The applicant proposes 112 gated lots, and 3 common driveways off a private street. UDC 11-3F-4 states a
proposed(gated) development shall have no more than 50 dwelling units, and no common driveways shall be
allowed off of a private street. However, I 1-3F-4 also allows the director to approve, or recommend approval
of alternative design or construction standards when the applicant can demonstrate that the proposed overall
design ineets or exceeds the intent of the required standards of this article and shall not be detrimental to the
public health, safety, and welfare.
Requests for alternative compliance are allowed only when one(1) or more of the following conditions exist:
a. Topography, soil,vegetation,or other site conditions are such that full compliance is impossible or
impractical;
b. The site involves space limitations or an unusually shaped lot;
c. Safety considerations make alternative compliance desirable;
d. Other regulatory agencies or departments having.jurisdiction are requiring design standards that conflict
with the requirements of this article;
Page 14
e. The proposed design includes innovative design features based on "new urbanism", "neotraditional
design",or other architectural and/or site designs that promote walkable and mixed use neighborhoods;
f. Additional environmental quality improvements would result from the alternative compliance.
In order to grant approval for an alternative Compliance application,the Director shall detennine the following:
1. Strict adherence or application of the requirements are not feasible, or
2. The alternative compliance provides an equal or superior means for meeting the requirements;and
3. The alternative means will not be materially detrimental to the public welfare or impair the intended uses
and character of surrounding properties.
The applicant's alternative compliance letter mentions there is a demographic ofsenior horse buvers that
prefer the security a gated community can provide and that the gates and private streets will provide a more
intimate setting. Staffagrees that there is probably a demographic that would prefer gated communities, but
this is not a condition required,for alternative compliance. The Director finds the applicant has not
demonstrated the creed,for a private versus public streets as noted above.
The plat indicates private street sections with no sidewalks and minimal landscaping, whereas ACHD
templates require 5'sidewalks and landscaping. Also, the applicant proposes alternative compliance to allow
three common driveways f►-ow the private streets. whereas this is not allowed by UDC 11-3F-4-6. Slaff does
not undersla►nd how what is being proposed is an equal or superior means to meeting requirements, Providing
narrow private streets with no sidewalks, ►ninimal landscaping, and common drivewr-r s ft•om these private
streets is not an innovative design features that promotes walkable neighborhoods.
Finally, as was already mentioned. gating the community will also slow response times when there are already
fire access concerns, which would he materially detrimental to the public welfare.
H. Parking(UDC 11-3C :
Off-street parking is required to be provided in accord with the standards listed in UDC Table l 1-3C-6 for
single-family detached dwellings based on the number of bedrooms per unit. A parking plan is included in
Section VII1.J that depicts a total of 334 on-street parking spaces along public and private streets; parking
along private streets must be approved by the Fire Marshall.
1. Pathways(UDC 11-3A-S):
The Pathways Master Plan(PMP)depicts a north/south segment of the City's multi-use pathway system along
the east side of the subject property and along the south side of the Farr Lateral at the southwest corner of the
site.The Applicant has worked with the Park's Dept.pathway coordinator on the design proposed along the
east boundary; the pathway along the south side of the Farr Lateral is consistent with the PMP. The pathways
are required to be placed in a 14-foot wide public pedestrian easement or a note should be added to the plat
which allows public access in the common lots intended for pathways.
Ten-foot(I W y wide segments of the City's rnulti-use pathway are proposed within the street buffer along
Eagle Rd.,along the south side of the Farr Lateral,along the Ten Mile Creek and the northern portion of the
east boundary of the site and a golf cart path. Other pathway connections are also proposed for pedestrian
intercomrectivity and access to common areas within the development.A pathway connection is proposed
between the pathway on the eastern portion of the site to the sidewalks along internal public streets on the west
end of the site. A total of 5,167 linear feet of pathways are proposed in this development(see exhibit in Section
VI).All pathways are required to be constructed in accord with the standards listed in UDC 1 1-3A-8 and
landscaped per the standards in UDC 11-313-12C.
Page 15
Where pathways are proposed in common driveways (i.e. Lot 25, Block 9)they should be located in separate
common lots with landscaping on either side in accord with UDC 1 1-3B-12C.
J. Sidewalks (UDC l 1-3A-17):
A 10' pathway is proposed along S. EagIe End. with a combination of detached and attached sidewalks along
the internal public streets. No sidewalks are required or proposed along private streets except for along private
Streets K&S where a detached sidewalk is proposed for a pedestrian connection between the pathway on the
east end of the site to the sidewalk along public Street I on the west end of the site.
K. Parkways (UDC 1 I-3A-]7}:
Eight-foot wide parkways with detached sidewalks are proposed along the entry street(Street A) and in a few
other areas; sidewalks are mostly attached with no parkways in this development. All parkways are required to
be constructed in accord with the standards listed in UDC i 1-3A-17 and landscaped in accord with the
standards listed in UDC l 1-3B-7C.
L. Landscaping(UDC 11.-3B
A 25-foot wide street buffer is required adjacent to S. Eagle Rd.,an arterial street: a 20-foot wide street buffer
is required along Street A where it is designated as a collector street (i.e. from Eagle Rd. to the intersection of
Street C), landscaped per the standards listed in UDC l I-3B-7C. A 50' foot+1- wide buffer is proposed along
Eagle Rd. and a 30-foot wide buffer is proposed along the collector street(Street A) landscaped with grass and
deciduous and evergreen trees and shrubs in excess of the minimum standards.
Parkways are required to be Iandscaped in accord with the standards listed in UDC 11-3B-7C. Landscaping is
proposed within parkways; calculations should be included in the Landscape Calculations table that
demonstrate compliance with UDC standards.
Landscaping is required along all pathways in accord with the standards listed in UDC 11-3B-12C.
Landscaping is proposed along pathways; calculations should be included in the Landscape Calculations table
that demonstrate compliance with UDC standards.
Common open space is required to be landscaped in accord with the standards listed in UDC 11-3G-3E.
Landscaping is depicted in common areas in excess of UDC standards except along the Farr Lateral and Lot
46, Block 5 (the ridge lot with the trail).
There are existing trees on the site within proposed building lots that are proposed to be removed that may
require mitigation. The Applicant should coordinate with.Matt Perkins,the City Arborist,to determine
mitigation requirements per the standards Iisted in UDC 11-3B-10C.5.
M, Qualified Open Space(UDC 11-3G):
A minimum of 10%qualified open space meeting the standards listed in UDC 11-3G-3B is required. Based on
the area of the proposed plat(80+/-acres),a minimum of S acres of qualified open space should be provided.
The Applicant landscape plan notes the development provides 14.99 acres(or 19.4°bo)of qualified open space.
This open space consists of parks,street buffers, linear open space,parkways and common areas greater than
50' x 100' in area, including the slope area on the cast end of the site(see qualified open space exhibit in
Section VI). Although the open space complies with the minimum UDC standards in regard to dimensions,
Page 16 --
some of the open space area being credited consists of unusable arteriallcollector street buffers and end caps
with parkways,the easement for the Farr Lateral, and areas that aren't centrally located for easy access. It is
staff s opinion that the applicant has the opportunity to reconfigure the plat to consolidate additional open
space to make it more accessible and useable.
UDC 11-3G-3-E requires that at a minimum, common open space areas shall include one(I)deciduous shade
tree per eight thousand(8,000) square feet and lawn, either seed or sod. There are areas being credited on the
applicant's open space exhibit as qualified open space, such as land within the Farr Lateral casement,and all
the challenging and steeply sloping land in Lot 45,Block 5 at the east that do not meet the minimum landscape
requirements. In addition,the pathway shown along Lot 45, Block.5 would need to be landscaped with one tree
per 100 linear feet of pathway as required per UDC 1 1-313-3-12 in order to be credited for qualified open
space.
N. Qualified Site Amenities (UDC 1 I3G}:
Based on the area of the proposed plat(80+1-acres), a mininnan of four(4) qualified site amenities are
required to be provided per the standards listed in UDC 11-3G-3C.
Proposed site amenities consist of children's play equipment/structures,a picnic shelter/shade stricture,
pathways,two dog parks and additional open space of at least 20.000 square feet above the minimum UDC
requirements. Dog owner facilities are required to be improved with a dog washing station with a drain to
sanitary sewer system and trash receptacles and bags for dog waste disposal; or fencing to enclose a minimum
0.75 acre of open space for an off-leash dog park and trash receptacles and bags for dog waste disposal per
UDC 1 1-3G-3C.h. Although the proposed amenities meet the minimum standards,they are primarily located
along the northern and southern boundaries of the site or in the gated portion of the development and are not
centrally located(see details in Section VII.D), which Staff is of the opinion is not ideal. Staff would preter the
open space be reconfigured to allow more useable open space and amenities toward the center of the
development. Further, UDC 11-3G-3D.3 requires common open space and site amenities to be located in areas
of high visibility to avoid]ridden areas and corners,dark areas, unusable space and reduce the opportunity for
crime. Staff does believe the sports park, playground and pathways are adequate amenities,but as mentioned
above, believes more useable open space and centrally located amenities should be incorporated into this
project.
0. Storm Drainage(UDC 1 I-3A-19):
An adequate ston-n drainage system is required in accord with the City's adopted standards,specifications and
ordinances. Design and construction is required to follow Best Management Practice as adopted by the City.
P. Irrigation(UDC 1 1-3A-15)
An underground pressurized irrigation system is required to be provided with development to each lot within
the subdivision in accord with the standards listed in UDC 11-3A-15. Irrigation water is provided from the
New York Irrigation District.
Q. Waterways (UDC 1 1-3A-6):
The Farr Lateral runs across the southwest corner of this site within a common lot(Lot 51,Block 9)and Ten
Mile Creek runs along the northeast corner of the site.The Applicant proposes to leave these waterways open
and improve them as linear open space with a I 0-foot wide multi-use pathway. However, if these waterways
are intended to be improved and credited as Iinear open spaces,they should be accessible and usable,and
Page 17
landscaped in accordance with UDC l 1-3B-12 and UDC 11-3G-3-E, including one tree per 100 pathway feet
and one tree per 8,000 square feet of open area,as well as vegetated with seed or sod.
R. Fencing(UDC 11-3A-7):
All fencing is required to comply with the standards listed in UDC 1 i-3A-6C and i 1-3A-7.
Six-foot tall open vision vinyl slat top fencing is proposed along connection pathways and the Farr Lateral,4-
foot tall open vision wrought iron fencing is proposed adjacent to the dog parks and 6-foot tall vinyl fencing is
proposed along street buffers and the perimeter of the subdivision as shown on the landscape plan. UDC 1 I-
3A-6C.3 requires open laterals to be fenced with an open vision fence at least 6-foot in height and having an
1 1-gauge,2-inch mesh or other construction equivalent in ability to deter access to the lateral. Staff
recorrunends open fencing is installed between the lateral and the pathway to preserve public safety.
S. Building Elevations (UDC I 1-3A-19 � Architectural Standards Manualj:
The Applicant submitted sample photo elevations of the types of homes planned to be constructed in this
development which are included in Section VI, Homes depicted are predominantly single-story,some with a
bonus room, with a few that are 2-stories in height proposed on the east end of the development on or near the
rim. All but 44 of the homes are proposed to be restricted to single-story with the option of a bonus room; the
larger lots on the east end of the development are not restricted to single-story homes(see exhibit in Section
VII.J). Building materials consist of a mix of finish materials(i.e, horizontal and vertical siding and stucco)
with stone/brick veneer accents.
VI. DECISION
A. Staff:
Staff recommends DENIAL of the requested annexation and preliminary plat based on the Findings in
section IX. and the Director has denied the private street and alternative compliance based on the Findings
in section IX.
B. The Meridian Plann ing& Zoning Commission heard this item on A ri1 1 2021.. At the 12ublic
hearing,the Commission moved to recommend DENIAL on the sub+ect annexation request.
I. Summary of the Commission public hearing_
a. In favor: Deborah Nelson
b. In opposition: Kathy White,Stephen.Rankin
C. Commenting: Deborah Nelson
d. Written testimony: Staff received 13 letters in opposition. Issues expressed include
density, lack of transition to Vantage Pointe Subdivision, lack of sidewalks and
narrowness of private roads, developer trying to fit in as many lots as possible without
providing quality amenities and necessary infrastructure,emergency access,lack of
cooperation with the adjacent neighbors,and a large higher density project being
located on the fringe of the City.
e. Staff presenting application:Alan Tiefenbach
f_. Other Staff commenting on application:Bill Parsons,Joe Ban-
- Page 18
2. Key issue(s)of public:testimony.
a. Density and lack of sidewalks.
3- Key issue(s) of discussion by Conunission:
a. Commissioners expressed issues related to density, lack of transition, lack of sidewalks,
amount of private roads, low fire station reliability and whether Station 4 will even be
built and staffed,trying to pack in as many houses as possible,not walkable, lack of
amenities, emergency access issues,past problems with HQAs taking on costs
associated with private streets,and the proicet not being a"premier"community.
4. Commission change(s)to Staff recommendation:
a_ None
C. The Meridian City Council heard this item ou May 26.2021 and June 29,2021.At the public
hearing, the Council moved to approve the subject annexation requests.
1, ummary of the= _Couacdpublic he-purinng_
A, In favor: Laren gadey,Jim_Conger, Deb Nelson
t. In-opposition; Ten citizens tstified in apposition-to this application.
c. Cementing: Laren BaileyJim finer.Deb Nglso�
Written teAtjMvy: Staf l�cgly 1 1 i� ix pgo� Qri
gaff'�r�enting_apuli�atiQn�Alan�'itrf�nha�h
L 9th r Staff commenting m pa
lication Bill Parson
Key
issEt�stit��- -
a, D rtsit ,.la k-d1pazt iitSon t Yanta a Pointe_Subdiv_W u,-Zack of sidewalks and
namowness of private roat�s�[leiieinn-er inLy t- fit in as man+y as-nmMIC wlibmt
pA-Yidi]3t ality—amenities.and nec.e.m infrastru-Mrc.emergency_ac_c_cS_S lack-of
000neration with the adiacent neighbors,-and a lame hi er densityrprQiect being
located on the fringe-of-the Cite aading-an-er sion_ls mes allegedly caused by the
przp-rkt=plimut OwOthi r mi-epts--pQm- c-draji ,imp-w-ts-_�.antage_painw -
Subdivision.
I Key issue(s)of discussion by City Council:
a. L_ack��t�ran�itinn inslen�iSy�l�c�fsid�w_alks�wh�tkier bet#e��n sr�ace-could-be
p ovided,draina -i
4- City Coux it change s)to mi szs_"_an recnmaxndati
ar City-Cone -wnti=d_theapplication_from-May?6,-2021_to-June 29a 202-1for_ata.ffand
the applicant to address issues relating to lot transition at the south, lack of sidewalks,
and to reorient open space.
4, City_jZe eiatafnd` iuo a taff
had not prepared conditions due to their recommendafion for Beni i.
Page 19
VII. EXHIBITS
A. Annexation Legal Description & Exhibit Map (date 1/20/21)
A&k Sawtaoth Land 5urveylnq, i_LC
D`
Skybreak Annexation Legal De-SCription
BASIS OF BEARINGS is S, 01212'52"W betwuan a found alurn.num tap*narking Lhe VVV4 corner and a fnuntl
alurirrium caa marking ilte NW(mmer of Section 4,T, 2 A_ R. 1 E., R.M., Ada County, Idaho.
A parcel of land iocatt a In the S112 of the NW 1/4 of SecWri 4 Tnwnshtp 2 NafW, Range S East,Wise hterldlan,
Ada County, Idaho, more partlWarty describe-0 as follows.
COWENCING at an aluminum rap marking the NW cnwrwr-of sid Secwn 4,
Thence S. 0412'52"W., cancident wlih the west line of said NW IM anti tr,e centcT M or S, Eagle Road, 1312,07
feet to ao alurrinum rap PIS 1355d, marking the N 1/16 corner of said Section 4 and the POINT OF
BEGINNING;
Thence S_ B9°S2'22"E�., coincident with the nartt+ +Ine of said 5112 of t4c NW114, a distonre of 1321-03 Net,to a
51t3"revar/cap PIS 6,45, marking the NW1J 1.6 corner of Laid Section 4;
Thence.89°56'41"E,, colnclt]eni with Sad no-Vi tine, 1321,to feet to a S18"rebar/rap Pt 4347, markiiig the
CNA116 corner of said Sechoo 4.-
Thence 5- 00'437'07"W-, coincideoL with Uw-east line Gr said NWIil, a distance of 1.333.72 fea to a 3?4'
rebar/cap aL5 6,15, nrarking the C114 corner of said Section 4;
7benee N.89,4812"W., coincident vvith the south line of said aeWan 4, a aNWnre of 2532.71 feet to a.n ilregiole
aluminum rap, marktng the W t14 of said SecLian a;
Tnen[e N, 00-'12'57"f, concldent With said west line, 1326.27 feet to the POINTOF BEGINNING.
Tree above described parcel contains 80,4GI aces more or less.
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Page 20 -
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Page 21
B. Rezoning Legal Description and Exhibit Map (date: 1/20/21)
5awtooth Larid 5urvey nej, LL{C -
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, F j2:)5, ;9e,d 1 C�A F! 06, 395 8 r 0-3 a 1157 4
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Skybreak R_g Zoning Description FREAG��
BASIS OF BEARINGS is S.0912'52"W. between a found aiurrmurn cap marking the W1�4 ccrner and a found
aluminum yap marking the NW rnrrie* of Section 4, T. 2 N., R. 1 E., B,M„ Arta County, Idaho.
A parcel of Cana iDmteed in tree 51/2 of the NWI�4 of Section 4 ToWri5hip 2 North, Range 1 East, Halle Meridian,
Ada County, Idaho, more partWarty described as follows-
COMME14CING at an alorninurt+ cap marking the NW corner of said Section 4;
Thence S. 0a12$2"W., couicicie!ot with the we5L line of said NIW1 J4, a distance of 1.352,07 feet to an alumlrwn
cap PL513550, marking the 141/16 corner or said Section 4 and tfie POINT 4F BEGINNINNG;
Thence S. B752`22" E,, cc 4ncida-nL with the north lure of said 5112 of the NWW4, a distance of 1321-03 feet tv a
5/8" rebwlcap PIS 645, marking the PJW1/16 c_orrwr of said Section 4;
Thence N. 89°56'41"E,, cnincld+errt with said north line, 261.14 feet;
Thence S, IAA°12"52"W., par¢iliet with said west tine, '37,56 feet;
[hence N. 891008'W., 5.43 feet;
fhepre S. O 012V"W., parallel witty saki wet lime, 454.70 feet;
Thence N. 89"1173"W., 7-1.73 feet;
(hence N. 7105579"W., 35.46 feet;
1lience N. 8904-I'256,W., 157,n feet;
I hence S. 00°12'52"W., parallel with saint wQs� line., 146.02 feet;
Thence S. 89"47'08" E,, 22,31 feei'j
Thence S. 00012'52" W•, parallel w'Fth said west Iine, 601.95 feet Lo the south line of said NWIJ4,
Thence lN. 89'048'12"W , coincident with Said south 4me, 1334.42 feet to an 41eqftile alum'num cap, marking tri:
W114 df said Section 4;
Thence N. 00012'52" E., cafriddant with yard west-line, 1326.21 feet to the POINT OF BEGINNING.
The above described parcei Contains 43.85y9 acres retire or less
Page 22
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5awtooO Land 5urweylny, LLG �
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Skybreak R 15 Zoning Description SEA
BASIS OF BEARINGS is 5, 01"12'52"W. between a found alurnini-im cap mar larpg the W11,14 tourer and a found
alurninurn cap making the NW tamer of Sectmm 4, 1. 2 N., R. t E„ 8.M., Ada Gourtty, Idaho.
A,parcel of laf;d located in the 5112 of the NW1/4 of Seition 4 Township 2 North, P.ange 1 East, Boise Merid►an,
Ada County, Idaho, more panl cularly described as roll❑ws.
COMMENCING at an alurninum cap markmq the NW comer of said Section 4;
Thencr S. d412'52"W-, ccKwjdent with the west line of said NWJ/4, a distance or 1352,07 feet to an aliimrnurn
cap PLS 13550, marling the N1/t6 comwr of saKl Section 4;
Th rioe S. 89"52'22" E., cclwdent with Ilie Ftiorth line of said 51/21 at the NW IJI, a distance of 1321.03 feel Lo a
SIB" rebar/cap PL.S 645, marking the NWV16 corner of swil section 4;
thence N. S S6 41"E, coincicim1-With said earth line, 261.79 feet to the POINT OF BEGINNING;
Thence contlnurng 14. 89 55'41" F„ coincident wINi said rrarlh line, 1054.3I feet to a 5/Sm rebar/cav Pl.5 4341,
rrirking the CNN/16 corner of ,aid Section 4,
Tttirrice S. 00137'07"till!., coirlddent with the ea5t iirve of said Secuort 4, a distance of 1333.72 feet to a 3,;"
rabar/rzp KS 645, marking the G1g4 corner of wild Secltrn 4;
1'hence W 89°48'12"M, coincident with the snuth 'line of sa,d NW 1./4, a distance of 12H9,29 feet;
Tneoce 'u 001112'52"E, parallel wish said wrest lfrtie, 601.95 feet;
TrWr%Ce W. 891147'08" W., 22,3t Fit;
Thence N [10110352" E., parallel with said west fine, 146.02 reetF
Thence& 89"1144'25" E., !57.19 feet;
Thence S, 711355`29" E., 35.46 feet;
Thence 5. 89"41'23"E., 73.73 Beet;
Thence N. 00`I2F52"E,, parall0i with said west line, 4S•1.?0 feet,
Thence S. 691147'08"L, 5.41 fese ,
Thence N. 0001.2'52"C,, parallel with said west lire, 1-37-56 feet to Tie POINT OF BEGINNING.
The above described parcel contains 36.604 acres more or less.
Page 24
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Page 25
C. Preliminary Plat (date: 124 1/202$61I(12021}
S�YSp']!'E iP9s b.,' Np�'EA•762 LQ,,9
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D. Landscape Plan (date: „'�A20)-OLO 2021
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Page 26
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C. Zoning Exhibit(date: 12110/2020 611812021}
R-8 Single
Story, R-15 wo Story,
H
1 j Attached + ,I - - Single Family
------- - - �-yam '�•j'r;_=-=�_ i � } -_ —. �- I _
R-15 Large Rim Lot
("CEO Housing")
R-15 Gated Single
_ Story, Single -
— R-8 Single Story. i Family
Single Family -
r `R-15 Gated,
Single Family I
Custom -
H. Phasing Plan(date 2/10/21)
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I. Proposed Private Street Sections[date: 6116121]
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`OLU PAT Pi S--%E
Page 29
J. Phasing Description (date: 12110/21)
PROJECTED PROJECT TIMELINE
Milestone Date
2021 -
■ City Council Approval est. Aril 2021
■ Ea�;le Road -Amity to Victory Road Widening to 5 Lanes 21)2 I
2022 -
0 20 Homes Occupied 1't home available April 2022 August 2022
2023 -
0 Lake Hazel Road and Eagle Road Intersection Construction 2023
■ Eagle Road -Victoa to Anai Road Wideniiig to 5 Lanes 2023
■ Fire Station 48 - Completed and Staffed December 2023
■ 50 Homes Occupied September 2023
2024 -
■ Lake Hazel Road - Eagle to Cloverdale Road %Vi d e iihig to 5 Lanes o24
■ 100 Homes Occupied lutie 2024
2025 -
■ 150 Homes Occupied Juice 2025
2026 -
■ 200 Homes Occupied June 2026
2027 -
■ 250 Homes Occupied ]tine 2027
2028 -
■ 300 Homes Occupied June 2028
Z+029
■ Completion December 2029
Page 30
K. Proposed Amenities(date: 7 fiLU 1-please refer to Narrative for more details)
r
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1
A. Large 3/4-Acre,Tot Park(Block 9,Lot 52)—The 3 5,14 2 Sqft Skybreak Neighborhood park will
contain the following recreation facilities:
■ Play Structure
■ Seating Benches
■ Shade Structure
■ Climbing Rocks
• Large Grass play area
+ Attractive Landscaping
■ Playground fencing for safety Rik,
B. Pathways—The Skybreak Neighborhood
will include the following pedestrian
pathways:
■ 10'Wide Regional Pathway
Along Eagle Road—1,326 LF
■ 10'Wide Regional Pathway
Along the Farr Lateral—1,120 LF
■ 10' Wide Regional Pathway
Along Ten Mile Creek-526 LF
• 10'Wide Golf Cart Path -760 LF
■ Natural Path—1,435 LF
Pedestrian pathways within the
Sky break Neighborhood will total
nearly one mile in length.
Page 31
g Parks (Block 2, Lot land Slack 5, Lot 121) -The Skybreak Neighborhood park will contain two
2} 114 Ac small dog, dog parks that will include the fallowing:
• Open Vision Fencing
• Dual Gate System �►
• Seating Areas -_ - - 3M E IVATO J
• Attractive Landscaping _
r _
lF - -
' I
D. Entry Park(Block 5, Lot 114)—The
main Collector Roadway will
terminate in an attractively
landscaped open space that will
provide for an aesthetically
appealing entry statement that
will convey a sense of arrival. + r
• Specimen Tree � r
s
Plantings
• Seating Areas
• Attractive Landscaping 1
• Pathway I
E.Open Sports Park(Block S,Lot
- 97)—This park will include:
• Large 1-acre open sports area
• Pathway Connection
. ■: • Seating Areas
rr-
• Attractive Landscaping
i
Page 32
ldscaped Passi►re Open Spaces—Located throughout the Neighbonccod:
11 • Attractive Landscaping
+ Buffering of side yards
• Premier Signage and Entry Monuments .�
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H. Pedestrian Connection Exhibit
Fay; 5. �-Y ,max >�
Pedestrian--ofirw0 ari Internal Pathway System
i�Regiaral Pathway Pedestran!GoH Cart
Palk
Page 33
L. Parking Plan(date 511812i1
Ip
7 7—
On-Street Parking
338 Spaces
Page 34 -
M. Common Driveway Exhibits
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VI1 L CITY/AGENCY COMMENTS
A. PLANNINg DIVIS ml
1 A Deveiopr�ient Agreement is required as a fro -iv -of amQ-- -n of this pr ertu. Prior to aRnrnyal of
the.annehati�t�Qtdit?an�._r_�a�A��Ltae enter��ii_ _�_'t�___�����__Vl�risl=ia��-g�ert�+ownerfsl at
the time of atin4gation cxdinatac��+3sr is�n wsl#h ye er. i�rrentl�;� 9f 3�3.4�shall��� bX-Ghe
2i an_t tQ t Planning Di�isi �rio_r tQ-o re Went ref the DA,Th& ]DA s allbe��ri b�'-t�i �r�n=
awn S nn d tQ tl�e�la nin�l�iYzs�u-wfir_t,-�lx-kW jnpjift_Qf ftCity-Cutca!-get g.t i�wvma�tl�m
The DA shall,at minimum, incorporate the f llnwing=pro ision%
a I1��1c�h��ls� harh�Q�h�1Zfs�llQw�h� rQv���h�l�an�l9t attain nianr►irt�ndfu�
arrtrnent approval for any mom f eafi n .
b The nppBcaut_sfaA�ubtnit�wildi ns_sal txplanfor_-the-hilisi-dc-area-to-12-e-awwyedjw-Mer_idiwL w
D�-.wrmmt-with the-fiMLfil a.I�d-lt
c The ex 5tin gsidenre at 3487 E.AdIer Hof U.(Lot 45 Block 5)_will be rcquipe t�ab d_Qn the well end
see ic-system anti COUQct tQ City grater and server with_developrnent of the prop
d Tl pli nt_shal_i not s b�uai_t�£it�al plan£�r� a and_�irnti-1� >�ii tr et_as cuss isPrvxi_dcd,
e A 30'_rear yard_setback-is required on Lots 74-83,Block-5,abutting Vantage Pointe.
f A l.'(exte-rnaD side- and setback an_d_an i.ncreaszd rear se�backSas shown_in applicant's pkajis is required
foLot 7.SJ�rk_�fb�tttang Vantage Poit�te—- -- - - - —
g Th _rear a_-dA- s d of and L—Qn Structures of Ea le_ 1$-2I B1Q 1: 1. 2 nd 76.79 glOCk
9)shall iricoTporate articulation througb changes in two or t'[morc of the fallQwigg: modulation e,g
proje0ons,recesses,step-bacl s,.pop-outs],hays, banding,_porches,balconies.,material types.,or other
integrated architectural elements to break a monotonous wall planes and roof lines. Single-story
stet tttr �r��x from_this tairerrt z Plannin app -%LwilHJx-x airecL�t�-Qf b-uildiin&p-rmii.
h Fulw-e-ky lspx r�tofthi i s11aJl bs arati�orn _with h�n��linvs�an�nl t,a r cane
cvngsptual-b adWing- eyaWnsfbr-thesingle-famft attached-=Ldctach-ed-dwellings-in ludcdin-ft
attachments cntairtcd her-e-in,
2 Admini trutiye sMoyiew will be required for_all n(,3y At sliq, si-do 9mc-tura-
mt itg
yyo[2]-a3
m-re_dw-elliny-units,
3 The City Council has approved alternative compliance from UDC 11-3F-4 that limits gated develo m _t -
*L10AtA Il r ��ULcd Iats. - - --- -- -
4 Thc-CiiY Qamd,has-a mgyed-altcr-n-atiYe-r�?pliance f m U C-1.1=-3F-4.pruhibit�-�;mmQn drivemw-off
private-streets,to_allaw 3 common driveways.
S TCity_CQuncil-has a�pprQv-e aL-waYicc frprn-UDC 1.1=b3 limiting;dead=encl sire-cluending-in.a_cl-Jar e_sarp
500_feet.to allow the Phase S cul-de-sac in the northeast corner to extend to approximately 61
5 The City Council has agpro-yed a,wavier from.UDC 1 I-6G-3 limiting btos k face to-nQ more than seven
hundred fifty(750)feet in length without an intersecting street or alley to allow Block 9,north of the Farr
I,acraLtberpximat__e .I� L44QfWnlength,
7 INLU a �Lr wavier from UDC 1 f-6 ' limi j-g blo--k fa�to no—mre than%-y
hitrtdr��fit�y- ? feetin]etagt}Lwi#fiLann_intctinstreet Qr�lley_1Qa11uw_Ilu ,aLangthc soathcrA
boundary f the property, to be apnraximately 1,190 feet in length.
Page 43
8 Tie sty C9uncil has au ve alternative compliance from UDC 11-3B-12 and 1]D� 1 1-3S- r u'rrin
minimum landscaping alone pathways and within common open space_to allow the pathway area shown in Lot
46 9f_Bl�cl: to remain in a natural state, - -- -��
9 am,&UPA in VD-C-U-3 B
3C and maintenance theref as forth in UDC 1 I-313-11
10 Tk_ li ►t SYLal1_s�-ntt�llprQ� � n�innl���n fn�i r_ girc the C1)��.ri �ni�ritii�h
standards as set forth in_UDC_11-3A-7 and 11 3A_-613,as applicable.
11 Facet as otherwise listed above_the devepment shall comply with the nn �vate street requirements as set
forth in 11-3F. including the applicant ur owner providing documentation of a binding contract that establishes
the party qua=u on dale 4r h retaai_r_ar�d azaaititeoan�es h�riv:at��tAia tudi_t�gr uJatim-Aar
the #'undingth� _f_.
12 The platshall comp3y-with the provisi-ons for irrigation ditches,laterals,canals and/or drainage courses--as set
forth.in-1 TDC_1 1-3Amf_The Farr Lateral-is allawecl to-remain open.as waived by—City_CQunci]_,
13 E!c W a5_Iiaed a_boye-�th�_applicantshall c_ommllly with—ail4visiatwitktg_a
s#reets.
14 The development shall eamply with all subdivision design an improvement standards as set forth in UDC 1I-
K73,_inctuding but not_litniteul d�- a11_eys�d-riYe_wa�rs,gommQn driVeW�ymtl9rkttet
buffers,and ai�Dx-placement.
15 Off-street parkin -zg �s required to bc provided in accord-with the standards listed.in UDC Table 1.173U-6 for
single-family_detached.dwellings base _qn the number of bedr9-oms-Per-unit.
15 The Aunt shall have a ixi n of two fram.the date of C �y�ncil arQyal t obtain
Engineer's signature on a final plat in accord with-UDC 11-6B-2. -
17 T-he ApPlicanUhall coamply with all con-diti-ou" AQW-,
18 Staff' aiIure_t4 eite_s ecifi—c ordin to provisions or rmWiti om fi�m the prelirm'nary�lat-&n-d/or-d-c-,velo unc
Page 44
B. PUBLIC WORKS
Site i l -pdi6m o A mYqul
1, Preliminaryplat-cQ�iceptua7_site-plans_�at 1 l 1.112�ZQ=mast be adjust d_ s fo!lnws
a Ttte_sewer main stlzn�a�intersticn Qf�Sfrlax►dp neetis_te_en�i-ina_marthfllc.
b The srwe_r main stub at the North m -of Street E noda-tbr end in a n�nhole.
c Th ewer on tb"Qu"5#em n dSgk h tl_d nc�-tgo W-Sl��rop-qi WuR&-y..
d Tbe-mwa-main-sbaW-drun a -(L60%-slop"ndgtrdan a man_hole sb f-tbc grip y_ Qundau
e Water and sewer mains must be covered in a 24-foot-wide easement per utility+.
f Easements cannot have encroachm_e_nts_of any permanent structures including but not limited to
buildings Catp�rt ,_trash encloures.fences,_treess deg-promfina-b. 5he5,.etc• - - -
g Maintain a minimum-90-degree angle into/out of all manholes.
h Slone between manholes shall not exceed 5%. Slopes between SSMH G-3 to-SSMH H-1.SSMH G-4
to SSMH J-1 an-S MH—G--
i 1 lic_rnain_is all wedin cof mon-drive�x�s,_der line A.andF ai-e_sbo- n,ggingjh
--- - -
j Ifyou ham three or less lots on a�mm -n driye.wxyL�mold be stubbed tom the toad y.
k Four or more lots, sewer will be allowed in the common drive. Sewer will be private and will be th_e
re��on�il�ili�vfshe HOt�to maintain,Manhaicg needed in the cpznmon dri��_�1]be mgrk _w�-
�rivatC on the lid,
A-&-ainage_-plan isms red to be provided and revi� + d riitr o nlan_a tp� L.
maxren3-dcsid�cs_nQtmean,�iniurnfir�-#Q .� sileti�txoR -teem -1 °'_mains
and add two more c nnections.one at the southwest and one at the northeast corner of the
dcv�lment These cliart �mu _> "grdinatt-[-with_PnbIie-Werks -- -
n A street]igltit Dlan.must be,provided yriklt the final plat application. Strcetlight plan rcQuirements are
listed in Meridian Design Standards.
o Phase 8 of the proposal is in Flood Zone_A. This area requires extending the existing hydraulic an
hydrology shtdy and establishing-base flood eleuatiom.-01hez phrases are-not-impaeted by flood zone
and will not requireuire floodnlain study nr permit
Page 45
General Conditions of Approval
2. Applicant shall coordinate water and sewer main size and routing with the Public Works Denartment, and
execute-standard forms-of easements for anymainsAILA are required to-ppavide-service outside of a public
ri rt-afway. .Minimum cover over sewer mains]s three feet,if cover from typ�fr�e tc stub-grade 15 Ie
tlmn-d=_feet than_a]i�rnate txta3 is shall beLu din nformance of i-ty-od Nl 0di-an-PiLbli-corks
DAWart --elartts S aandard Soecilft dom-=
3. Per Meridian 'ilyCQd LM�C�,th,applicant shall be responsible to install sewer and water mains to and
through this ilex laptnent,_A�pliQant_may_be eligiblc-for a�reiinbursemcnt-aju=mcnt-for infrastructure
0 _al an emmu r_MC-��� - -
4. The ap licant shall provide easement(s)for all public water/sewer mains outside of pub]ic right ofwa�
�in�i�dc A]J�t�r�ryis�xtd_h-yr�r�nts�.-Thc-cas_em�nt-widths shall���fe�twid�for__a six�lc�atil�y+Qr
3-04-ect widc-fonmu-Th rm mints 5haU aQt ic,dedic d-A&thrzzplat.bid xa#hmdedica..tQd-=dd§-thQ
flat Dr-me u ine the_ i of Mend n's-standard fqGr�n h._T a asement shall be grr wally i t _
the plat for reference purposes. Submit an executed easement(on the form available from Public Works),a
legaldescri try ion prepared red an Licensed Prezfessi-ona] Land urvevnrwhich must include the area
of the easement(marked EXHIBIT Al and an 81/2"x I I"man with bearings and distances(marked
EXI 73IT F fQrseri _Both exhilxi _mu t_1zQs�ale s ncc�and_dated b @ Profe i�nal_1<and_ ury r,
aG NGT RECDRD, Add_a_note to the plat refervauin&this document. Al I easements must be submitted.
reviewed,and approved prior to development plan approval, - -
5. Tk fit-d-Wridiap-myims tla9p-rmurizcdjn gLtiQn.systczus-be-5appliedby-a yvar-mnd-s-wr-ce of
mter(MC 12-13-8.3)- Tb"Mlicant should be required fuse any exiling surface or welLwak-r for the
ri if rfamoLwvlLsQumcd""YaiWy,- sw-g1-e� -txo rwdWnAq-ft wli_na Nvatq
systepttsF�111�quir�d.L#'a.single�aQztat_co�t�ne�tiQn i.s�.til�,_thc sieu�Qperwi�lllxQsespQnsib�e_for�.hc
payment of assessm-ents for the-omynon -a rinr to prior t+o re -i in vIppment nlyn and-yal.
6. A Luistingstructur-s that arc mgma cd tphe=rcrr�Qx hall b"vio-r to signs rc on th i inIplat_b�tltc
City EngJn=jc,-,Any structures that are allowed to remain shallbQ-s-ubjeytlu evaluation and pQssib]e
reassignmenukstreet addressingto_be.in-c¢mpliancc with-MCC
7, All inim .tion ditches,canals, laterals,or drains,exclusive of natural waterways,intcrscctiM- crossiU.or
Laying.adjacent and contiguous to tl-te area being subdivided shall be addressed per UDC l 1-3A-6. In
performing such wnrk,the applicant shall comply with Idaho Code 42-1207 and any other applicable Iaw
S. Any welthat will not eyntinue t)b .u��d mu ts�l er��l +abandc�ned_accor ing to Idaho-W_ell
ra_cL ►San, arils Rule a inistere�I� t� he Mahn Depaitment of Water l esnttr es_TIC
D��e1C�pQr°s= ngineer_sh-ail�r�vi-cLe a�trrtenLad+�ren�whethcr_texe�re�rixistinw�ll�in the
developm nt.anti if ao-bp they-will Continuetob sa or provide-record of he abandonment.
Page 46
gxisting septiQ_5V5tems within this orejcG shall be renmed from service n r City Or-dinance-Sy n 9-I-4
and9�F_Can=t�nt_rW Di&trict-- 1thfor-abAndmio -nr-nr ur-es anddmapectians_(2W��-5
9. Street signs are to.be.in.place,sanjWU.scwff_and watc -s_ysiem shall be-approved and-actiyated,.rvad.baase
mo ved bathe Ada C9unt�Hi h_w_.ay District an the Final Plat for this_ u�diWision shall-be recorded,
nri�r tsz�lyvSg,for_L�ii�iz�gp�rrniks - — ----- --
10. A letter-of creditor cash_suray-in the ammmt-of 1 10%will be T ui red.for-all-umo xtplacd-fencing,
iandsr=Uing�amenities,�tc_ riar tQslate�n the final flat.
11. All i_=my=n re u!cd xQ yuhi Oil,� a�r�s�h�ltla sh�lll��or�a�leted�r�t tQ.��u� f�c
stru=u.Whcr._approved.by-ftCity-UDginecL.. xLmay-posta=fbnnancc.surg for such
im .r_�emmtisin-otc c�A -pbiain City_ERgil�eer_ssjgngWy_ n t1�� inalplat s- e-f rtli-in i_1� LI 3
12. Appli_cant shall be required to pay Public Works_devclopmut plan-revicw,and constmctipn_fnspcc�s
cca,as determined durine t�l_e_nian review�roce55, r or to the i �tiance o£a late n apnro letter,
13. 1t shall be the responsibility of the applicant_to.ensure that all development features comply"h the
Amerac=s with DisabiblicsActand the Fair Housing Act. -- -- Y --- - - --
14. Applicant shall be r-5 Dmi�le for �li ion and Corr Ilia ee itbam Sed -n—-4 fern-li n that mar be
r��ir �Az�v=Co_ s_u��inccr�.
15. — __ wr-shall ce4r�d natgi ba ❑c ti w tb-c Meridian Past� Vic,
16. All grading of the site shall be performed in conformance with MCC I I-12-3 H.
17. Compaction test results shall be sub-mitted to the Meridian Building Department for alI_huilding pads
rcceiving engineered backfll,where fwAing would sit atop fill material.
18. Thedesi.ms ma_r_ r t Q _the s t�cnterl el��a Q�act_aurummum-d3_-
f�ct abQyc. h _M i st�tzlis D k �w�t r l�v�tl n 3 i� i tQ�n tier t � ti4m. ti-Qn
of the crawl smom of homers rs at least I-foot above.
19, The a plicartts design engYneer sizaII_b.Q respQrisible for-inspectiaii of all irr gatipn and/or drama e.faei.li +
within this--mimthA&_mt_fajudcr_1.hejiuisdi irwn...c gnirra, tLon di.striclor ACHD..TkA=O
errgincer�hall-proYidcs ifiea#is�n t lac_faciliti hay&-hemin"Ied-in afxOWmWtyd1hlhe.aprQved
design plans.This certification will be required before a certificate of occupancy is issued for any
structttt-es within the meet. -
20. At the coma]etion of the project,the applicant shall-be r_cspo Bible W submit-record.drawings per the City
of Meridian-AutoCAD standards. These record drawings must be received and a roved prior to the
ismu_P9f a�rrtificafi IL-o� or any_s ruct rpa within thp_prgj�c_ , -
21. A-51reet liht_plan will neeto fie in in the -ivil c9nstruction plans.._S-re to light�lan resirements
amm.li�tqd_ in eeti5 of the Irn�r�e�nt_Stanriares for Street f ihtin .A_ c4 of the standards ca.
22. The City of Meridian re uires that the owner st to the City a performance surety in the amount of M%
of the total construction cost for all incomplete sewer,water and reuse infrastructure prior to final plat
sigp tire.This surety will be verified by a line item cost estimate provided by the 9wnr-to the City,The
Page 47
surety ca bQ posted in t e form of an irmocable letter of credit,cash delyait Dr nd. Applicant must fle
an ite_apnli cat ion_for_suret�which_can_be-fa und on_the_ tm Community Development Dgarent we
Plcase contact Land Deyelp -ment-Seryic_for more Community
rmation at8$7-221 I
23. The Cily-off Meridian re41iir that the owner rg t to the City a warranty 5UM in the amo t�nt_of 24°[�gf
the tat ls�nstr ti r� o t fax.alLcQmpl�t water and rem-- t I r. F xs ur ti f a vesr ,
Tbia,gurqiy-wdlbc vcrified=ay-aline itul-wat-eshmiftlE Wd k.vmcr l<Q_tbeciti=Tbra-wr dy_� n
jyj
_osted in the form cif an irrey_Qeable cayr-of cnd�cash d oi r�r bond licant must file an
appli-qaWuLf r_suply,whicbsa bcfs� nd n__tlzc_ turn Y x r cR l� aftnncnt_�vel site_1'le s
contact Land De�ell nment ervi a for snore_information at 887 2211.
C. FIRE DEPARTMENT
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D. POLICE DEPARTMENT
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F. COMMUNITY PLANNING ASSOCIATION OF SOUTHWEST IDAHO(COMPASS)
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G. ADA COUNTY DEVELOPMENT SERVICES
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H. ADA COUNTY HIGHWAY DISTRICT(ACHD)
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I. NAM PA& MERIDIAN IRRIGATION DISTRICT(1NMID)
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J. CENTRAL DISTRICT HEALTH DEPARTMENT
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K. WEST ADA SCHOOL DISTRICT{WAND}
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L. COMMUNITY DEVELOPMENT SCHOOL IMPACT REVIEW:
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M. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ)
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Page 48
N. BOISE PROJECT BOARD OF CONTROL
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IX. 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;
The Councilfinds the proposed Wrap amendment to R-8 is consistent iA ith the Comprehensive Plan
density recommendations of'3-8 dwelling units per acre. The Council finds Zoning the propertil to the
R-15 district for purpose of allowing private streets is suitable.for providing the necessan�
hi astructure. The Council also./finds this development would he considered inflll. The proposed
Private streets serving a significant portion o,f the site would meet the intent of the Plan in regard to
requiring urban infrastructure being provided f or all new developments, including Sidewalks.
?. The map amendment complies with the regulations outlined for the proposed district,
specifically the purpose statement;
Council finds there is a variety in housing types and diversity in lot sizes which is consistent with the
purpose statement of the residential districts, which states a range of'housing opportunities should 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 the proposed coning map amendment would not be detrimental to the public health,
safetti,rind we fare. The private streets would be.funded by the homeowners through the HOA. Also,
the Fire District has voiced they can serve this development when the southern free station is
constructed.
04. The map amendment shall not result in an adverse impact upon the delivery of services by any
political subdivision providing public services within the city including,but not limited to,school
districts; and
The Council finds the reap amendment shall not result in an adverse impact capon the delivery of
services by anv political subdivision.
5. The annexation(as applicable)is in the best interest of city.
Council has determined this annexation is in the hest interest of'the City.
B. Preliminary Plat(UDC 11-613-6):
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;
The Council finds that the proposed plat is in substantial conformance with the adopted Comprehensive
Plan in regard to maximizing public services by prioritizing infill development over parcels on the
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fringe,provision of'a variety of houring types, density in the GDR designated area, transitional densities,
adequate provision of services (Fire Dept.), usable open space, and construction of infrastructure
without sidewalks, etc.
2. Public services are available or can be made available and are adequate to accommodate the
proposed development;
The Council finds that public services are available and can be extended to accommodate the proposed
development although services would be maximized by development of irf ll or underdeveloped parcels
alreadt�in the City instead of'on the fringe as is the subject property, (See Exhibit B of the Staff Report
,for more details,fi•oni public service providers.)
3. The plat is in conformance with scheduled public improvements in accord with the City's capital
improvement program;
Because City water and sewer and ant,other utilities will be provided ki,the development at their own
cost Council,finds that the subdivision Kill not require the expenditure(?f capital improvement firrrds.
4. There is public financial capability of supporting services for the proposed development;
The Council finds there is public financial cgpabilit)� of supporting services for the proposed
development based upon corrnnents from the public.service providers (i.e., Police, Fire, ACHD, etc),
5. The development will not be detrimental to the public health,safety or general welfare; and,
The Council is not aware of anv health, safety, or environmental problems associated with the platting
of this property. Public-tesrimonv has been submWed rom adjacent residents to the south on 1-acre lots
stating there is not an adequate transition in lot sizes or zoning to their propertieslsubdivision. ACHD
considers road safety issues in their analysis.
6. The development preserves significant natural, scenic or historic features.
The Council finds the proposed development preserves the natural topograpltvlhillside along the eastern
boundary of the site. Council is unaware of airy other significant natural, scenic or historic features that
exist on this site that require preserving.
C. Private Streets(UDC 11-3F-5):
At the .tune 29, 2021 meeting, the Council overturned the Director's denial of the private streets, with the
following findings:
A. The design of the private street meets the requirements of this article;
The private streets meet the design requirements of Trot connecting to an arterial street, allowing
sufficient maneuvering for ernergencv vehicles, and meeting the minimum wvidth 91'27,feet_However, the
proposal exceeds the limitation ofno more than 50 units being served 4l,a gated development. and three
common drivevrcAs are proposed whereas UDE 1103F--.4-5 states common driveirays cannot be allowed
on private streets. The Council approved Alter nazi ve Compliance from these requirements.
B. Granting approval of the private street would not cause damage, hazard, or nuisance, or other
detriment to persons,property,or uses in the vicinity.
The Director had safety concerns in regard to whether there could be pedestrian salety issues with
residents using private streets with no sidewalks. Per direction from the Council, the applicant added
sidewalks on at least one side of all streets, rind the Council found the private streets would not cause
damage, hazwrd, or nuisance, or other detriment to persons,property,. or uses in the vicininti
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C. The use and location of the private street shall not conflict with the comprehensive plan and/or
the regional transportation plan.
Council finds the private.streets )-vith sidewalks meet Comprehensive Plan policies ,such as regwring
new residential neighborhoods to provide co►nplete streets, developing a connected, c❑ntf❑rtable, and
co►prehensive network of'niulti pia-pose pathways, ensuring safe routes and access, encouraging safe,
physical activity far pedestrians and bicyclists, and,f`astering a walkable and likeable c►nininnih,and
providing necessa►y infrastructure.
ll. The proposed residential development(if applicable) is a mew or gated development.
The proposed devel❑p►new is a gated development.
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