Prevail North Subdivision H-2021-0021 DA (2021-126848) ADA COUNTY RECORDER Phil McGrane 2021-126848
BOISE IDAHO Pgs=43 CHE FOWLER 08/26/2021 12:55 PM
CITY OF MERIDIAN, IDAHO NO FEE
DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. Triple D Development, Inc., Owner/Developer
THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into
this 24th 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 Triple D Development,Inc.whose address is 10248 Turner,Middleton,
ID 83644, hereinafter called OWNER/DEVELOPER.
1. RECITALS:
1.1 WHEREAS,Owner is the sole owner,in law and/or equity,of certain tract of
land in the County of Ada, State of Idaho, described in Exhibit"A",which is
attached hereto and by this reference incorporated herein as if set forth in full,
herein after referred to as the Property; and
1.2 WHEREAS,Idaho Code § 67-6511A provides that cities may,by ordinance,
require or permit as a condition of zoning that the Owner and/or Developer
make a written commitment concerning the use or development of the subject
Property; and
1.3 WHEREAS, City has exercised its statutory authority by the enactment of
Section 11-513-3 of the Unified Development Code ("UDC"), which
authorizes development agreements upon the annexation and/or re-zoning of
land; and
1.4 WHEREAS,Owner/Developer has submitted an application for annexation of
5.25 acres of land with a R-8(Medium Density Residential)zoning district of
the property listed in Exhibit "A"", attached hereto, under the Unified
Development Code, which generally describes how the Property will be
developed and what improvements will be made; and
1.5 WHEREAS, Owner/Developer made representations at the public hearings
before Planning and Zoning Commission and the Meridian City Council,as to
how the Property will be developed and what improvements will be made;and
1.6 WHEREAS,the record of the proceedings for requested rezoning held before
Planning and Zoning Commission and the City Council,includes responses of
DEVELOPMENT AGREEMENT—PREVAIL NORTH SUBDIVISION(H-2021-0021) PAGE I OF
government subdivisions providing services within the City of Meridian
planning jurisdiction, and includes further testimony and comment; and
1.7 WHEREAS,on the 6th 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/Developer to enter into a
Development Agreement before the City Council takes final action on final
plat; and
1.9 WHEREAS,Owner/Developer deem it to be in its best interest to be able to
enter into this Agreement and acknowledges that this Agreement was entered
into voluntarily and at its urging and request; and
1.10 WHEREAS,City requires the Owner/Developer to enter into a development
agreement for the purpose of ensuring that the Property is developed and the
subsequent use of the Property is in accordance with the terms and conditions
of this Agreement,herein being established as a result of evidence received by
the City in the proceedings for zoning designation from government
subdivisions providing services within the planning jurisdiction and from
affected property owners and to ensure zoning designation are in accordance
with the amended Comprehensive Plan of the City of Meridian on December
19, 2019, Resolution No. 19-2179, and the UDC, Title 11.
NOW, THEREFORE, in consideration of the covenants and conditions set forth
herein, the parties agree as follows:
2. INCORPORATION OF RECITALS: That the above recitals are contractual and
binding and are incorporated herein as if set forth in full.
3. DEFINITIONS: For all purposes of this Agreement the following words,terms, and
phrases herein contained in this section shall be defined and interpreted as herein provided for,unless
the clear context of the presentation of the same requires otherwise:
3.1 CITY: means and refers to the City of Meridian, a party to this Agreement,
which is a municipal Corporation and government subdivision of the state of
Idaho, organized and existing by virtue of law of the State of Idaho, whose
address is 33 East Broadway Avenue, Meridian, Idaho 83642.
3.2 OWNER/DEVELOPER: means and refers to Triple D Development,Inc.,
whose address is 10248 Turner, Middleton, ID 83644 hereinafter called
OWNER/DEVELOPER,the party that owns and is developing said Property
and shall include any subsequent owner(s)and/or developer(s)of the Property.
DEVELOPMENT AGREEMENT-PREVAIL NORTH SUBDIVISION(H-2021-0021) PAGE 2 OF 7
3.3 PROPERTY: means and refers to that certain parcel(s)of Property located
in the County of Ada,City of Meridian as in Exhibit"A"describing a parcel to
be annexed and bound by this Development Agreement and attached hereto
and by this reference incorporated herein as if set forth at length.
4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right
to develop the Property in accordance with the terms and conditions of this Agreement.
4.1 The uses allowed pursuant to this Agreement are only those uses allowed
under the UDC.
4.2 No change in the uses specified in this Agreement shall be allowed without
modification of this Agreement.
5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY:
5.1. Owner/Developer shall develop the Property in accordance with the following
special conditions:
a. Future development of this site shall be generally consistent with the approved plat,
landscape plan,and conceptual building elevations included in Section VIII.B,of the
Staff Report attached to the Findings of Fact and Conclusions of Law attached
hereto as Exhibit "B". and the provisions contained herein and the applicable
standards in the Unified Development Code, including a Council Waiver to remove
the stub street to the north property boundary.
b. The rear and sides of 2-story structures that face S. Meridian Rd., an entryway
corridor, 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 that are visible from the subject
public street. Single-story structures are exempt from this requirement.
c. All amenities and common open space within Prevail Subdivision (aka Percy
Subdivision) and Prevail North Subdivision shall be owned and maintained by the
same homeowner's association to ensure shared use in property.
6. COMPLIANCE PERIOD This Agreement must be fully executed within six (6)
months after the date of the Findings for the annexation and zoning or it is null and void.
7. DEFAULT/CONSENT TO DE-ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
7.1 Acts of Default. Either parry's failure to faithfully comply with all of the
terms and conditions included in this Agreement shall constitute default under
this Agreement.
DEVELOPMENT AGREEMENT-PREVAIL NORTH SUBDIVISION(H-2021-0021) PAGE 3 OF 7
7.2 Notice and Cure Period. In the event of Owner/Developer's default of this
Agreement, Owner/Developer shall have thirty (30) days from receipt of
written notice from City to initiate commencement of action to correct the
breach and cure the default, which action must be prosecuted with diligence
and completed within one hundred eighty(180)days;provided,however,that
in the case of any such default that cannot with diligence be cured within such
one hundred eighty (180) day period, then the time allowed to cure such
failure may be extended for such period as may be necessary to complete the
curing of the same with diligence and continuity.
7.3 Remedies. In the event of default by Owner/Developer that is not cured after
notice as described in Section 7.2, Owner/Developer shall be deemed to have
consented to modification of this Agreement and de-annexation and reversal
of the zoning designations described herein, solely against the offending
portion of Property and upon City's compliance with all applicable laws,
ordinances and rules, including any applicable provisions of Idaho Code §§
67-6509 and 67-6511. Owner/Developer reserve all rights to contest whether
a default has occurred. This Agreement shall be enforceable in the Fourth
Judicial District Court in Ada County by either City or Owner and/or
Developer, or by any successor or successors in title or by the assigns of the
parties hereto. Enforcement may be sought by an appropriate action at law or
in equity to secure the specific performance of the covenants, agreements,
conditions, and obligations contained herein.
7.4 Delay. In the event the performance of any covenant to be performed
hereunder by either Owner/Developer or City is delayed for causes that are
beyond the reasonable control of the party responsible for such performance,
which shall include, without limitation, acts of civil disobedience, strikes or
similar causes,the time for such performance shall be extended by the amount
of time of such delay.
7.5 Waiver. A waiver by City of any default by Owner/Developer of any one or
more of the covenants or conditions hereof shall apply solely to the default and
defaults waived and shall neither bar any other rights or remedies of City nor
apply to any subsequent default of any such or other covenants and conditions.
8. INSPECTION: Owner/Developer shall, immediately upon completion of any
portion or the entirety of said development of the Property as required by this Agreement or by City
ordinance or policy,notify the City Engineer and request the City Engineer's inspections and written
approval of such completed improvements or portion thereof in accordance with the terms and
conditions of this Agreement and all other ordinances of the City that apply to said Property.
9. REQUIREMENT FOR RECORDATION: City shall record this Agreement,
including all of the Exhibits, and submit proof of such recording to Owner/Developer, prior to the
third reading of the Meridian Zoning Ordinance in connection with the re-zoning of the Property by
the City Council. If for any reason after such recordation, the City Council fails to adopt the
DEVELOPMENT AGREEMENT-PREVAIL NORTH SUBDIVISION(H-2021-0021) PAGE 4 OF 7
ordinance in connection with the annexation and zoning of the Property contemplated hereby,the City
shall execute and record an appropriate instrument of release of this Agreement.
10. ZONING: City shall,following recordation of the duly approved Agreement,enact a
valid and binding ordinance zoning the Property as specified herein.
11. SURETY OF PERFORMANCE: The City may also require surety bonds,
irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under the
UDC, to insure the installation of required improvements, which the Owner/Developer agree to
provide, if required by the City.
12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued
in any phase in which the improvements have not been installed,completed,and accepted by the City,
or sufficient surety of performance is provided by Owner/Developer to the City in accordance with
Paragraph 11 above.
13. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agree to abide by
all ordinances of the City of Meridian unless otherwise provided by this Agreement.
14. NOTICES: Any notice desired by the parties and/or required by this Agreement shall
be deemed delivered if and when personally delivered or three (3) days after deposit in the United
States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as
follows:
CITY: with copy to:
City Clerk City Attorney
City of Meridian City of Meridian
33 E. Broadway Ave. 33 E. Broadway Avenue
Meridian, Idaho 83642 Meridian, Idaho 83642
OWNER/DEVELOPER:
Triple D Development,Inc.
10248 Turner
Middleton, ID 83644
14.1 A party shall have the right to change its address by delivering to the other
party a written notification thereof in accordance with the requirements of this section.
15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto
concerning this Agreement,the prevailing party shall be entitled,in addition to any other relief as may
be granted, to court costs and reasonable attorney's fees as determined by a Court of competent
jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall
survive any default, termination or forfeiture of this Agreement.
16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time
is strictly of the essence with respect to each and every term,condition and provision hereof,and that
DEVELOPMENT AGREEMENT-PREVAIL NORTH SUBDIVISION(H-2021-0021) PAGE 5 OF 7
the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default
under this Agreement by the other party so failing to perform.
17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure
to the benefit of the parties' respective heirs, successors, assigns and personal representatives,
including City's corporate authorities and their successors in office. This Agreement shall be binding
on the Owner/Developer, each subsequent owner and any other person acquiring an interest in the
Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions
thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor
owner or owners shall be both benefited and bound by the conditions and restrictions herein
expressed. City agrees, upon written request of Owner/Developer, to execute appropriate and
recordable evidence of termination of this Agreement if City,in its sole and reasonable discretion,had
determined that Owner/Developer have fully performed their obligations under this Agreement.
18. INVALID PROVISION: If any provision of this Agreement is held not valid by a
court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement
and the invalidity thereof shall not affect any of the other provisions contained herein.
19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided,each party
shall act reasonably in giving any consent,approval,or taking any other action under this Agreement.
20. COOPERATION OF THE PARTIES: In the event of any legal or equitable action
or other proceeding instituted by any third party (including a governmental entity or official)
challenging the validity of any provision in this Agreement, the parties agree to cooperate in
defending such action or proceeding.
21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements,
agreements,condition and understandings between Owner/Developer and City relative to the subject
matter hereof, and there are no promises, agreements, conditions or understanding, either oral or
written, express or implied, between Owner/Developer and City, other than as are stated herein.
Except as herein otherwise provided,no subsequent alteration,amendment,change or addition to this
Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or
their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted
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
time of the proposed amendment.
22. EFFECTIVE DATE OF AGREEMENT:This Agreement shall be effective on the
date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in
connection with the annexation and zoning of the Property and execution of the Mayor and City
Clerk.
[end of text; signatures, acknowledgements, and Exhibits A and B follow]
DEVELOPMENT AGREEMENT-PREVAIL NORTH SUBDIVISION(H-2021-0021) PAGE 6 OF 7
ACKNOWLEDGMENTS
IN WITNESS WHEREOF,the parties have herein executed this agreement and made
it effective as hereinabove provided.
OWNERS/DEVELOPER:
TRIPLE Q D VELOPMENT,Inc.
BY: a,sl
Its: UX* PA n 1
CITY OF MERIDIAN ATTEST:
By:
Mayor Robert E. Simison 8-24-2021 Chris Johnson, City Clerk 8-24-2021
STATE OF IDAHO )
ss:
County of Ada )
�r:
On this day of Ju\� ,2021,before me,the undersigned,allotary Public in and for said State,
personally appeared (yCMaSt,./ known or identified to me to be the pre_ ;cu 4 of
Triple D Development,Inc.and the person who signed above and acknowledged to me that he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this
certificate first above written.
---------------
JONI NEAL
COMMISSION NUMBER SOW Notary Public for�o-k\p
NOTARY PUBLIC Residing at: 1�,a
State of Idaho
STATE OF I
Corrlm M: My Commission Expires: Z-Zi•20Z3
ss
County of Ada )
On this 24th 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.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this
certificate first above written.
Notary Public for Idaho
Residing at: Meridian,Idaho
Commission expires: 3-28-2022
DEVELOPMENT AGREEMENT-PREVAIL NORTH SUBDIVISION(H-2021-0021) PAGE 7 OF 7
EXHIBIT A
Annexation and Zoning Legal Descriptions and Exhibit Maps
EXHIBIT_
DESCRIP71ON FOR
PREVAIL NORTH SUBDIVISION
CITY OF MERIDIAN ANNEXATION AND REZONE
A portion of Government Lot 1 of Section 31.13N., R.1 E.,S.M„Meridian,Ada County,
Idaho more particularly described as follows:
Commencing at the NW corner of said Section 31 from which the W114 comer of said
Section 31 beers South 00°37'56"West,2641.54 feet;
thence along the West boundary fine of said Section 31 South 00°37'56"West, 1.113.77
feet to the REAL POINT OF BEGINNING;
thence leaving said West boundary line North 89°39'29"East,1.184.97 feet to a point on
the East boundary line of said Government Lot 1;
thence along the East boundary line of said Government Lot 1 South 00°20'43"West,
206,98 feet to the SE comer of sold Government Lot 1;
thence along the South boundary line of said Government Lot 1 South 89°39'29"West,
1,166.01 feet to the SW corner of said Governmeni Lot 1;
thence along the West boundary line of said Section 31 North 00*37'56"East,207.00
feet to the REAL POINT OF BEGINNING, Containing 5.63 acres,more or less.
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Prevail North Subdivision H-2021-0021
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"1,{]b1764 CITY OF MERIDIAN ANNEXATION AND RE--ZONE 1
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EXHIBIT B
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW E IDIAy
AND DECISION&ORDER
In the Matter of the Request for Annexation&Zoning of 5.63 acres of land with an R-8 zoning
district and a preliminary plat consisting of 18 single-family residential lots and 3 common lots on
5.25 acres of land,by Matthew Schultz,Schultz Development,LLC.
Case No(s). H-2021-0021
For the City Council Hearing Date of: June 22,2021 (Findings on July 6,2021)
A. Findings of Fact
1. Hearing Facts(see attached Staff Report for the hearing date of June 22,2021,incorporated by
reference)
2. Process Facts(see attached Staff Report for the hearing date of June 22,2021, incorporated by
reference)
3. Application and Property Facts(see attached Staff Report for the hearing date of June 22, 2021,
incorporated by reference)
4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing
date of June 22,2021, 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 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has,by
ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian,
which was adopted December 17, 2019,Resolution No. 19-2179 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A.
4. Due consideration has been given to the comment(s)received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not impose
expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Decision,which shall be
signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant,the
Community Development Department,the Public Works Department and any affected party
requesting notice.
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(Prevail North Subdivision—FILE#H-2021-0021) - 1 Page 177
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of June 22,2021, incorporated by reference. The conditions are concluded to be
reasonable and the applicant shall meet such requirements as a condition of approval of the
application.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon
the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that:
1. The applicant's request for Annexation and Zoning and Preliminary Plat is hereby approved per
the conditions of approval in the Staff Report for the hearing date of June 22,2021, attached as
Exhibit A.
D. Notice of Applicable Time Limits
Notice of Preliminary Plat Duration
Please take notice that approval of a preliminary plat, combined preliminary and final plat, or
short plat shall become null and void if the applicant fails to obtain the city engineer's signature
on the final plat within two(2)years of the approval of the preliminary plat or the combined
preliminary and final plat or short plat(UDC 11-613-7A).
In the event that the development of the preliminary plat is made in successive phases in an
orderly and reasonable manner, and conforms substantially to the approved preliminary plat,
such segments, if submitted within successive intervals of two (2)years,may be considered for
final approval without resubmission for preliminary plat approval(UDC 11-6B-7B).
Upon written request and filed by the applicant prior to the termination of the period in accord
with I I-6B-7.A,the Director may authorize a single extension of time to obtain the City
Engineer's signature on the final plat not to exceed two(2)years. Additional time extensions up
to two (2)years as determined and approved by the City Council may be granted. With all
extensions,the Director or City Council may require the preliminary plat, combined
preliminary and final plat or short plat to comply with the current provisions of Meridian City
Code Title 11. If the above timetable is not met and the applicant does not receive a time
extension,the property shall be required to go through the platting procedure again(UDC 1I-
6B-7C).
Notice of Conditional Use Permit Duration
Please take notice that the conditional use permit,when granted, shall be valid for a maximum
period of two(2)years unless otherwise approved by the City. During this time,the applicant
shall commence the use as permitted in accord with the conditions of approval, satisfy the
requirements set forth in the conditions of approval, and acquire building permits and
commence construction of permanent footings or structures on or in the ground. For
conditional use permits that also require platting,the final plat must be signed by the City
Engineer within this two (2)year period.
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11-5B-6.G.1,the Director may authorize a single extension of the time to commence the
use not to exceed one(1)two(2)year period. Additional time extensions up to two(2)years as
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(Prevail North Subdivision—FILE#H-2021-0021) -2-
determined and approved by the City Council may be granted. With all extensions,the Director
or City Council may require the conditional use comply with the current provisions of Meridian
City Code Title 11(UDC 11-5B-6F).
Notice of Development Agreement Duration
The city and/or an applicant may request a development agreement or a modification to a
development agreement consistent with Idaho Code section 67-6511A. The development
agreement may be initiated by the city or applicant as part of a request for annexation and/or
rezone at any time prior to the adoption of findings for such request.
A development agreement may be modified by the city or an affected party of the development
agreement. Decision on the development agreement modification is made by the city council in
accord with this chapter.When approved, said development agreement shall be signed by the
property owner(s) and returned to the city within six(6)months of the city council granting the
modification.
A modification to the development agreement may be initiated prior to signature of the
agreement by all parties and/or may be requested to extend the time allowed for the agreement
to be signed and returned to the city if filed prior to the end of the six(6)month approval
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 22,2021.
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(Prevail North Subdivision—FILE#H-2021-0021)
Item#12.
By action of the City Council at its regular meeting held on the 6th 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 7-6-2021
Attest:
Chris Johnson 7-6-2021
City Clerk
Copy served upon Applicant, Community Development Department,Public Works Department and City
Attorney.
By: Dated: 7-6-2021
City Clerk's Office
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(Prevail North Subdivision—FILE#H-2021-0021) -4- Page 180
EXHIBIT A
STAFF REPORT C> E IDIAN -
COMMUNITY DEVELOPMENT DEPARTMENT A H O
HEARING 6/22/2021 Legend
DATE:
..Project Location
TO: Mayor&City Council
FROM: Joe Dodson,Associate Planner
208-884-5533
T!.
SUBJECT: H-2021-0021
Prevail North Subdivision
LOCATION: The site is located at 5150 S. Meridian J --•,
Road, on the east side of Meridian Road
and approximately 1/4 mile south of E. ------
Amity Road, in the NW 1/4 of the NW 1/4
of Section 31,Township 3N.,Range IE.
1
,
I. PROJECT DESCRIPTION
Annexation&Zoning of 5.63 acres of land with an R-8 zoning district and a preliminary plat
consisting of 18 single-family residential lots and 3 common lots on 5.25 acres of land.
II. SUMMARY OF REPORT
A. Project Summary
Description Details Page
Acreage AZ—5.63;Plat—5.25 acres
Future Land Use Designation Medium Density Residential 3-8 du/ac
Existing Land Uses Vacant land
Proposed Land Uses Detached Single-family Residential
Lots #and e;bldg./common) 18 residential building lots
Phasing Plan(#of phases) Proposed as one phase(essentially the third phase of the
Prevail Subdivision
Number of Residential Units 18 single-family units
Density Gross—3.42 du/ac
Open Space(acres,total 0.83 acres(36,185 square feet),or 15.82%total open
/buffer/ ualified space;0.75 acres,or 14.3%qualified open space
Amenity Multi-use Pathway
Physical Features(waterways, Carlson Lateral crosses north property boundary twice.
hazards,flood plain,hillside) Applicant is proposing to reroute and pipe this lateral. See
further analysis in Section V.N.
Neighborhood meeting date;#of March 30,2021 —No attendees
attendees:
History(previous approvals) N/A
Page 1
B. Community Metrics
Description Details Page
Ada County Highway
District
• Staff report(yes/no) Yes
• Requires ACHD No
Commission Action
es/no
Access Access is proposed via extension of an existing local street from Prevail No.
(Arterial/Collectors/State 2 to the south.
Hwy/Local)(Existing and Through Prevail No.2 and a segment of collector street(Quartz Creek
Proposed) Street),access is then to S.Meridian Road/SH 69.
Stub Applicant is proposing internal local streets to end in two cul-de-sacs,one to
Street/Interconnectivity/Cross the east and one to the west.The western cul-de-sac would extend right-of-
Access way to the northern property line for possible future extension through a city
owned property. The eastern cul-de-sac is shown with a stub to the east
property line for future connectivity to the east.
Existing Road Network No
Existing Arterial Sidewalks/ No.Applicant will be required to construct the buffer,noise abatement,and
Buffers detached multi-use pathway segment along Meridian Road/SH 69.
Proposed Road No road improvements are required with this application.
Improvements CIP/Five Year Work Plan for nearby roads:
Amity Road is listed in the CIP to be widened to 5-lanes from Meridian Road(SH-69)to Locust
Grove Road between 2036 and 2040.
Lake Hazel Road is listed in the CIP to 5-lanes from Meridian Road(SH-69)to Locust Grove
Road between 2036 and 2040.
• The intersection of Amity Road and Meridian Road(SH-69)is listed in the CIP to be widened
to 6-lanes on the north leg,6-lanes on the south,7-lanes east,and 7-lanes on the west leg,
and signalized between 2031 and 2035.
The intersection of Lake Hazel Road and Meridian Road(SH-69)is listed in the CIP to be
widened to 6-lanes on the north leg,6-lanes on the south,7-lanes on the east,and 7-lanes
on the west leg and signalized between 2036 and 2040.
Distance to nearest City Park 1.8 miles to Discovery Park
+size
Fire Service
• Distance to Fire 3.1 miles from Fire Station 46(2.1 miles from proposed new fire station in
Station South Meridian;response time would be approximately 3 minutes from
proposed station).
• Fire Response Time A portion of the project lies within the Meridian Fire response time goal of 5
minutes.
• Resource Reliability Fire Station#6 reliability is 87%(above the goal of 80%)
• Risk Identification Risk Factor 2—Residential with hazards(open waterway)
• Accessibility • Proposed project meets all required road widths,and turnaround
dimensions.
• Emergency access in Prevail No.2 to the south is meant to be
temporary; additional access to the east or north is preferred by the
Meridian Fire Department.
Police Service
• Concerns None/no comments
Wastewater
Page 2
Description Details Page
• Distance to Sewer N/A
Services
• Sewer Shed South Black Cat Trunkshed
• Estimated Project See application
Sewer ERU's
• WRRF Declining 14.09
Balance
• Project Consistent Yes
with WW Master
Plan/Facility Plan
• Impacts/Concerns • Flow is committed
Water
• Distance to Services 0'
• Pressure Zone 5
• Estimated Project See application
Water ERU's
• Water Quality None
Concerns
• Project Consistent Yes
with Water Master
Plan
• Impacts/Concerns • Water main will need to be installed in S Keyport Ave to connect to the
existing water stub from Prevail Sub Phase 2
• The water main in S Scandia Ave that stubs to the City of Meridian
property will need to be discussed with Public Works.
C. Project Area Maps
Future Land Use Map Aerial Map
Legend tsity 0
Legend
Project Location ` Project Location^Y!
^* ,
glaq
- n1
Medwm Density
Residential
Law Density Residential
Zoning Map Planned Development Map
Page 3
tl�
Legend i F
Project Locotion L-0
RUT
14 Legend
m
RUT (�� R
Project Location
City Limits
Planned Parcels -
R-8
R-4
RU
III. APPLICANT INFORMATION
A. Applicant:
Matt Schultz, Schultz Development, LLC—PO Box 1115, Meridian,ID 83680
B. Owner:
Carl Reiterman—2697 S. Linder Road,Meridian,ID 83642
C. Representative:
Same as Applicant
IV. NOTICING
Planning&Zoning City Council
Posting Date Posting Date
Newspaper Notification 4/30/2021
Radius notification mailed to
properties within 500 feet 4/27/2021
Site Posting 5/7/2021
Nextdoor posting 4/27/2021
V. STAFF ANALYSIS
A. Future Land Use Map Designation(https:llwww.meridianciU.or /�compplan)
Medium-Density Residential(MDR)—This designation allows for dwelling units at gross
densities of three to eight dwelling units per acre. Density bonuses may be considered with the
provision of additional public amenities such as a park, school, or land dedicated for public
services.
The subject site is an approximate five (5) acre parcel in between multiple parcels that are
already annexed into the City of Meridian. The site to the North is a city owned property reserved
for a future well site that currently only has access to Meridian Road. To the South is the 113-lot
Page 4
Prevail Subdivision (approved in 2019)zoned R-8 with a future access to Meridian Road via a
collector street, E. Quartz Creek Street, and a temporary emergency-only access to Meridian
Road. The Applicant on this application is the same as who received approvals for the Prevail
Subdivision to the south therefore making Prevail North a continuation of the already approved
Prevail Subdivision.
Commensurate with the future land use designation of MDR, the Applicant is proposing Prevail
North with a gross density of 3.42 units per acre; therefore,proposing a residential project at the
low end of the allowable density. Because this is an extension of the Prevail Subdivision to the
south, the Applicant is aligning the proposed lots of Prevail North with those to the south to
ensure compatibility of lot sizes. Furthermore, due to the constraints of the site being deep but
relatively narrow and having a waterway along the north boundary, the Applicant is only
proposing homes along the south boundary of the site.
Stafffinds the proposed project to be generally consistent with the Comprehensive Plan. Specific
Comprehensive Plan policies are discussed and analyzed below.
The City may require a development agreement(DA) in conjunction with an annexation pursuant
to Idaho Code section 67-6511A.In order to ensure the site develops as proposed with this
application, Staff recommends a DA as a provision of annexation with the provisions included in
Section VIII.A1. The DA is required to be signed by the property owner(s)/developer and returned
to the City within 6 months of the Council granting the annexation for approval by City Council
and subsequent recordation.A final plat will not be accepted until the DA is executed and the AZ
ordinance is approved by City Council.
B. Comprehensive Plan Policies (https://www.meridiancity.or /g compplan):
The applicable Comprehensive Plan policies are cited below with Staff analysis in italics.
"Avoid the concentration of any one housing type or lot size in any geographical area;provide for
diverse housing types throughout the City"(2.01.01G). The proposed project offers a density and
site design that mirrors that to the south. Because of the relatively small lot size, strict adherence
to this policy is not feasible and not in the best interest of the City when considering the
constraint of the city owned property to the north. Staff finds the addition of 18 more lots
matching the already approved project to the south as merely an extension of that project.
"Establish and maintain levels of service for public facilities and services,including water, sewer,
police,transportation, schools, fire, and parks"(3.02.01 G).All public utilities are available for
this project site due to the existing stubs abutting the site to the south within the right-of-way of
the local street, S. Keyport Avenue. This project also lies within the Fire Department response
time goal. However, the singular public road access is through the Prevail Subdivision to the
south, currently under development. Fire code only allows 30 homes off of one access and with
the two projects combined, there will be 135 homes off of this access. This is why, as seen on the
plat and in previous approvals, an emergency-only access is required to Meridian Road and is
located adjacent to the southern boundary of this plat. Despite meeting Fire Code, Meridian Fire
has concerns over the approved access points and recommends requiring stub streets to both the
north and east of this plat for future connectivity. West Ada School District has not made
comments on this application but an additional 18 homes are expected to generate approximately
14 school age children which can be easily absorbed into the school system, according to the
ratio of 0.8 kids per household.
Staff finds that the existing and planned development of the immediate area create conditions for
levels of service to and for this proposed project that meet code requirements.
Page 5
"Preserve,protect, and provide open space for recreation, conservation, and aesthetics"
(4.05.01F). The Applicant is proposing this project with .75 acres of qualified open space, or
14.3%. The area chosen for the open space currently contains an irrigation lateral that is to be
rerouted and placed on the shared property line between this property and the city owned
property to the north—the Applicant has discussed this with Public Works and received approval
to do this work.
Placing the open space in this location allows for a relatively long and large open space area on
one side of the new local street and preserves the area above the lateral for maintenance and for
adequate recreation.
"Promote area beautification and community identity through context sensitive building and site
design principles, appropriate signage, and attractive landscaping."(5.01.02C). As discussed
above, the area of most notable open space is the large open space lot along the north property
boundary. This open space area is proposed with adequate open area, a detached sidewalk, and
appropriate landscaping to beautify the space while not being overwhelmed with trees that would
otherwise limit the open area uses of the space. In addition, the Applicant will be required to
continue the multi-use pathway and landscaping along Meridian Road adding to the area
beautification along a major roadway.
"Require pedestrian access in all new development to link subdivisions together and promote
neighborhood connectivity."(2.02.01D).Proposed project is extending the attached sidewalks
from the south to allow easy access to the future pedestrian facilities and amenities within Prevail
Subdivision.
"Ensure that new development within existing residential neighborhoods is cohesive and
complementary in design and construction." (2.02.02F).As discussed, the Applicant is proposing
lot sizes and lot lines that match those directly abutting the site to the south. This proposed
density and lot placement should provide a cohesive project with Prevail Subdivision to the south.
"Require new development to establish street connections to existing local roads and collectors as
well as to underdeveloped adjacent properties."(6.01.02C). The Applicant is required to and is
proposing to extend the abutting local street, S. Keynote, into the site and then "T"off the street
by heading east and west with new streets for access to the proposed homes. In order to meet this
policy as well as city development code, the Applicant is also proposing stub streets to the east
and to the north. Further discussion and analysis on this are below in Section F,Access. Staff
finds the Applicants proposed street connections comply with this policy.
Staff finds this development to be generally consistent with the Comprehensive Plan.
C. Existing Structures/Site Improvements:
There are no existing structures on site beyond the existing irrigation lateral that bends south into
the site from the north and runs along nearly the entire north property boundary line.
D. Proposed Use Analysis:
The proposed use is detached single-family residential with an average lot size of 6,677 square
feet and a minimum lot size of 5,362 square feet. This use is a permitted use in the requested R-8
zoning district per UDC Table 11-2A-2. Due to the relatively small size of the development(5
acres),the project is proposed to be constructed in one phase but will be phase 3 of the Prevail
Subdivision to the south.
The proposed use, lot sizes, and lot alignment should provide for a development that is cohesive
with the adjacent development to the south.
Page 6
E. Dimensional Standards(UDC 11-2):
The residential lots appear to meet all UDC dimensional standards per the submitted plat. In
addition, all subdivision developments are also required to comply with Subdivision Design and
Improvement Standards(UDC 11-6C-3). The proposed preliminary plat and submitted plans
appear to meet all UDC requirements.
F. Building Elevations(UDC 11-3A-19 I Architectural Standards Manual):
The Applicant submitted conceptual building elevations for the proposed detached single-family
homes.Note that detached single-family homes do not require Design Review approval therefore
Staff does not review these for compliance with any standards.
However,the submitted elevations depict majority two-story homes with two-car garages and
varying home styles noted as"Traditional,""Craftsman,"and"Contemporary."The elevations
depict differing field materials of lap siding and stone with varying roof profiles offering an
overall array of potential homes.
G. Access(UDC 11-3A-3, 11-3H--4):
Access is proposed via extension of Keyport Avenue, a local street stubbed to the southern
boundary from the Prevail Subdivision. The submitted plans show Keyport extending into the site
and then heading both east and west as Liberator Street to end in permanent cul-de-sacs at both
ends of the site,in alignment with ACHD policy. The extension of all local streets is proposed as
33-foot wide street sections with the exception of a bulb-out along the north side of Liberator
Street at the terminus of Keyport Avenue. This bulb-out is intended to be a traffic calming
measure because the overall Liberator street, east-west, is greater than 750' in length(Liberator is
proposed as approximately 908' in length from the center of the western cul-de-sac to the east
property line). ACHD notes in their staff report that this type of traffic calming is acceptable but
has not given a definitive approval of the location proposed on the revised preliminary plat. The
Applicant will continue working with ACHD following any approvals received from the City and
will likely be finalized with the final plat submittal at a future date. Staff is not concerned with
the proposed location of the bulb-out and believes it will provide the desired traffic calming
effects.
Although,the length of the street from east to west is greater than 750' in length, S.Keyport
intersects this street approximately half way to break up the block length.In addition,UDC
11-6C-3 notes that a dead-end street cannot be greater than 750' in length without an
intersecting street.Because of S.Keyport intersecting Liberator,neither the west or east
cul-de-sac is greater than 500' therefore not requiring any Council Waiver.It is admittedly
an unusual road design but Staff considers it the most efficient design for livability and
access when considering the site constraints of a large irrigation facility along nearly the
entire northern boundary and topography throughout the site. Furthermore,there are no
homes fronting along the north side of the proposed local street which further mitigates any Staff
concern regarding its length on one side.
The Applicant is also proposing two stub streets to adjacent properties; one to the north boundary
out of the west cul-de-sac and one to the east boundary out of the east cul-de-sac. The original
plat proposed both of these stub streets in the east quarter of the site but following conversations
with Public Works the Applicant moved the stub street to the north to the west quarter of the site
due to future plans for the City well site and topography issues. In congruence with this premise,
the Applicant has also sited major topography issues with stubbing a street to the east boundary of
the site and has specifically noted there could be a ten(10)foot elevation difference between the
east stub street finish grade and the current grade of the Brighton owned property to the east.
Page 7
Furthermore,the Applicant has also provided a conceptual drawing from the land owner to the
east in order to show that a stub street to the east is not necessary—the submitted concept plan for
the adjacent property does not show a street abutting the east property boundary of the subject site
and instead appears to show an open space lot(see Exhibit VII.F). It should be noted that this
concept plan is an older concept plan and the adjacent land owners do not have a solid plan in
place for the area abutting the proposed plat.
Staff supports the overall road layout and stub street locations as proposed on the revised
preliminary plat. Though there is potential for topography to complicate the future road
extension to the east, Staff highly recommends maintaining the stub street to the east for added
future connectivity through the Brighton parcel to the east. This recommendation is based both in
code(UDC I1-3A-3) and from recommendations of the Meridian Fire Department for better
neighborhood connectivity and emergency response access as properties to the southeast develop
in the future.
H. Parking(UDC 11-3C):
Off-street parking is required to be provided in accord with the standards listed in UDC Table I I-
3C-6 for single-family dwellings based on the number of bedrooms per unit. Staff will confirm
compliance with these standards at the time of building permit submittal for each residence. In
addition,the proposed 33-foot wide street section accommodates on-street parking where no
driveways exist and where there is no bulb-out. Furthermore,no on-street parking is allowed
within any part of either cul-de-sac at the end of the new local streets.
I. Sidewalks(UDC 11-3A-17):
5-foot wide attached sidewalks are proposed along the proposed streets except for that sidewalk
adjacent to the large open space lot where 5-foot detached sidewalks with an 8-foot landscaped
parkway are proposed instead. These sidewalks will be an extension of the pedestrian circulation
of Prevail Subdivision to the south. The proposed sidewalks and parkway meet UDC 11-3A-17
standards and ACHD standards.
In addition to the internal sidewalks,the Applicant is required to construct a segment of 10-foot
wide multi-use pathway along Meridian Road,per the Master Pathways Plan. The Applicant is
showing this required pathway segment within a landscaped common lot,per code requirements.
J. Development Along State Highways(UDC 11-3H):
The proposed project has frontage along Meridian Road/SH 69 which requires noise abatement
per UDC 11-3H-4. The Applicant is proposing to construct a 4-foot berm with a 6-foot wall on
top of it to total 10' above SH 69 centerline height, as required by code. This proposal matches
what was approved in Prevail Subdivision to the south. Due to this segment of the wall being less
than 300' in length, code does not require modulation in the wall plane.
Other analysis regarding access standards of this code section are analyzed above in Section F.
K. Landscaping(UDC 11-3B):
The required landscaping regulated by code within the proposed development are the following
areas: that area within the proposed parkways along the local street extension(UDC 11-3A-17
and UDC 11-313); the common open space lot, and; the required landscape buffer to Meridian
Road. The submitted landscape plans show landscaping in these areas as proposed.
The proposed 8-foot wide parkway is approximately 740'in length on the revised plat requiring
at least 21 trees (I per every 35 linear feet). The submitted landscape plan does not show
compliance with this requirement because it is shown with less than 21 trees. In addition, the plat
Page 8
has been revised since the original application submittal and the submitted landscape plans have
not been revised to match the new road layout. Regardless, the Applicant should revise the
landscape plans prior to the City Council hearing to ensure they match the revised preliminary
plat and show compliance with the landscaping requirements.
In addition, common open space is required to be landscaped with one(1) tree for every 8,000
square feet of open space. The large open space area is shown as 32,709 square feet in the
development table on the preliminary plat. However, Staff's area analysis shows a figure closer
to 36,500 square feet. Based on Staffs calculation, the minimum number of trees that are
required within the open space lot is five (5) trees. The submitted landscape plans show six (6)
trees proposed exceeding the minimum UDC requirements.
The landscape buffer along Meridian Road is required to be 35'wide and contain the required
multi-use pathway within it. The submitted landscape plans show compliance with UDC
requirements for the number of trees, tree spacing/grouping, and additional vegetative ground
cover. However, the Applicant is only showing a 25'wide common lot on the preliminary plat for
the required street buffer. Therefore, the Applicant should correct both the plat and the landscape
plans to depict the required 35'wide buffer.
The Applicant is also proposing a micro pathway from the western cul-de-sac to the multi-use
pathway and does not appear to have the correct landscaping. UDC 11-3B-12 requires that trees
be placed on both sides of the pathway; the Applicant has only proposed trees on the south side of
the pathway. Staff is not aware of any easements encumbering the north side of the pathway and
the landscape strip appears to be the minimum 5-foot width. Therefore, the Applicant should
move one of the trees to the other side of the micro path; Staff recommends the center tree of the
three currently shown on the south side of this pathway.
Although there is no code requirement for this change, Staff also recommends removing the shrub
bed located in the center of the large open space lot. By removing this planter bed and the shrubs
there would be an un obstructed area in the center of the open space lot that is at least 9,000
square feet in size; it is rare for a subdivision to provide an area this large for children to play in
without obstruction. If the Applicant desires to still include the same number of shrubs as
currently shown, they could disperse them to the planter beds shown further to the west and east
on the landscape plan.
L. Qualified Open Space and Amenities (UDC 11-3G):
The subject site is 5.63 acres in size with a plat over 5.25 acres in size requiring at least one(1)
amenity and 0.536 acres of qualified open space per UDC 11-3G-3. The Applicant is continuing a
segment of multi-use pathway along the Meridian Road frontage which qualifies as the required
amenity. Because this plat would be an extension of the already approved Prevail Subdivision,the
Applicant has indicated these future residents will be able to use the other amenities and open
space in Prevail. The closest amenity to this phase is an open space lot with a playground that is
located due south from the Keyport Avenue extension and has a micro path in direct alignment
with that amenity lot. Should Commission/Council find that this distance is too great for the
future residents of Prevail North to walk to utilize the playground, Staff recommends they require
an additional amenity with the large open space lot proposed on this subject site. To help ensure
the amenities and open spaces are shared, Staff is including a DA provision that all of the
common areas be owned and maintained by the same homeowner's association.
As discussed previously,the Applicant is proposing open space in excess of the code required
0.536 acres. Overall,the Applicant is proposing the large open space lot along the north property
boundary, a micro-path lot, and the landscape buffer to Meridian Road as qualifying open
space—cumulatively these areas amount to 49,878 square feet,or 1.15 acres, approximately 22%
Page 9
Item#10.
of the 5.25 plat area. However,not all of this area is qualifying after receiving the revised
landscape plan that fences off a section of the open space lot that is impeded by the irri ag tion
easement for the rerouted Carlson Lateral. After removing this area,the area of qualified open
space is 32,120 square feet(0.74 acres) or 14%of the plat area. The proposed qualified open
space still exceeds the minimum code requirements by approximately 10,000 square feet.
Furthermore,this calculation uses the 25' landscape buffer width along Meridian Road instead of
the required 35' width. Therefore,the actual amount of qualified open space should be slightly
larger.
the eeffeet ametiat of qualified open spaee.
Staff utilized the let sLaes shewn on the plat to obtain the above ealeulations
eaerequir-enients.
Stapports the proposed and revised open space exhibit and believes it offers adequate area
for recreation and relaxation.
M. Fencing(UDC 11-3A-6, I1-3A-7):
All fencing is required to comply with the standards listed in UDC 11-3A-7. Fencing is proposed
as shown on the landscape plan and appears to meet UDC standards as proposed. Should any
fencing locations need to be revised to accommodate any irrigation easement requirements,
the Applicant should notify Staff and submit revised drawings at the applicable future
application submittals (i.e. final plat and/or final plat signature).
N. Waterways(UDC 11-3A-6):
The subject site contains a large section of the Carlson Lateral, an irrigation lateral maintained by
Boise Project Board of Control(BPBC). The Applicant is proposing to both reroute and pipe this
lateral consistent with the desires of the City Engineer for the purpose of benefiting both this
Applicant and the City owned property bordering the subject site on the north boundary.Upon
further discussions with BPBC and in coordination with Public Works,the Applicant is proposing
to pipe the entire segment of the lateral on both properties from Meridian Road east to nearly the
east property boundary, as shown on the submitted preliminary plat in Exhibit VII.B. Piping this
lateral will allow for more buildable area of the subject site, fix some of the topography issues for
the City owned property, and allow for easier maintenance by BPBC. Staff supports the piping of
this irrigation lateral and the proposed plan complies with UDC 11-3A-6.
O. Pressurized Irrigation(UDC 11-3A-15):
The Applicant is required to provide a pressurized irrigation system for the development in
accord with 11-3A-15. The Applicant is showing a pressurized irrigation system on the landscape
plans commensurate with code requirements. Land Development will review these plans in more
detail at a later date when specific irrigation plans are submitted with the Final Plat application.
VI. DECISION
A. Staff:
Staff recommends approval of the requested annexation and zoning with the requirement of a
Development Agreement and approval of the requested preliminary plat application per the
Findings in Section IX of this staff report.
B. The Meridian Planning&Zoning Commission heard these items on May 20, 2021. At the public
hearing,the Commission moved to recommend approval of the subject Annexation and Zoning
and Preliminary Plat requests.
Page 10
Page 168
Item#10.
1. Summary of Commission public hearing_
a. In favor: Matt Schultz,Applicant
b. In opposition: None
C. Commenting: Matt Schultz
d. Written testimony:None
e. Staff presenting application: Joseph Dodson,Associate Planner
f Other Staff commenting on application:None
2. Key issue(s) public testimony
a. None
3. Key issue(s)of discussion by Commission:
a. Purpose of rerouting and piping Carlson Lateral and how does its placement affect any
future road extensions on adjacent properties;
4. Commission change(s)to Staff recommendation:
a. None
5. Outstandin issue(s)ssue(s for City Council:
a. None
C. The Meridian City Council heard these items on June 22, 2021. At the public hearing_._ the Council
moved to approve the subject Annexation and Zoning and Preliminary Plat requests.
1. Summary of the City Council public hearing:
a. In favor: Matthew Schultz, Schultz Development
b. In opposition:None
c. Commenting: Matthew Schultz
d. Written testimony:None
e. Staff presenting application: Joseph Dodson,Associate Planner
£ Other Staff commenting on application: Warren Stewart, City Engineer
2. Key issue(s) of public testimony:
a. None
3. Key issue(s) of discussion by City Council:
a. Necessity of a stub street out of the west cul-de-sac to the City owned property to the
north:
b. Access into the development for future residents and/or city vehicles should an access be
maintained to the City property to the north
C. Repercussions of waiving the requirement to provide a stub street to the north property
boundary:
4. City Council change(s)to Commission recommendation:
a. Council approved a Council Waiver to remove the stub street to the north out of the
west cul-de-sac.
Page 11
Page 169
Item#10.
VII. EXHIBITS
A. Annexation and Zoning Legal Descriptions and Exhibit Maps
EXHIBIT
DESCRIPTION FOR
PREVAIL NORTH SUBDIVISION
CITY OF MERIDIAN ANNEXATION AND REZONE
A portion of Government Lot 1 of Section 31,T.31N., R.1 E., B.M., Meridian,Ada County,
Idaho more particularly described as follows:
Commencing at the NW corner of said Section 31 from which the W114 corner of said
Section 31 bears South 00°37'56"West, 2641.54 feet;
thence along the West boundary line of said Section 31 South 00°37'56"West, 1,113.77
feet to the REAL POINT OF BEGINNING;
thence leaving said West boundary line North 89°39'29"East, 1,184.97 feet to a point on
the East boundary line of said Government Lot 1;
thence along the East boundary line of said Government Lot 1 South 00°20'43"West,
206.98 feet to the SE corner of said Government Lot 1;
thence along the South boundary line of said Government Lot 1 South 89°39'29"West,
1,186.01 feet to the SW corner of said Government Lot 1;
thence along the West boundary line of said Section 31 North 00°37'56"East,207.00
feet to the REAL POINT OF BEGINNING. Containing 5.63 acres, more or less.
T �
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Page 12
Page 170
Item#10.
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SURVEY 9955W EMERALDST. PREVAIL NORTH SUBDIVISION $HEFT NO.
(2W)8IDA"°1„'°" CITY OF MERIDIAN ANNEXATION AND RE—ZONE 1
GROUP, LLC LOCATED IN GOVERNMENT LOT 2 OF SECTION 31.T3N_RAE.,B.M., DWG.DATE
MERIDIAN,ADA COUNTY,IDAHO 3/19/2021
Page 13
Page 171
Item#10.
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Scale: 1 inch=200 feet File:
Tract 1:5.6326 Acres(245353 Sq.Feet),Closure:s33.0139e 0.01 ft.(11471643),Perimeter=2785 ft.
01 n89.39299 1184.97
02 s0c.2043w 206.98
03 s89.3929w 1186.01
04 n00.3756e 207
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Item#10.
B. Preliminary Plat(dated: 5/7/2021)
m
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E. Open Space Exhibit NOT APPROVED dated: 5/17/2021
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Page 20
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F. Concept Plan—Brighton Parcel(S 1131244500)
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G. Conceptual Building Elevations
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Item#10.
VIII. CITY/AGENCY COMMENTS & CONDITIONS
A. PLANNING DIVISION
1. A Development Agreement(DA) is required as a provision of annexation of this property.
Prior to approval of the annexation ordinance, a DA shall be entered into between the City of
Meridian,the property owner(s) at the time of annexation ordinance adoption, and the
developer.
Currently, a fee of$303.00 shall be paid by the Applicant to the Planning Division prior to
commencement of the DA. The DA shall be signed by the property owner and returned to the
Planning Division within six(6)months of the City Council granting the annexation. The DA
shall, at minimum, incorporate the following provisions:
a. Future development of this site shall be generally consistent with the approved
plat,landscape plan, and conceptual building elevations included in Section VII
and the provisions contained herein, including a Council Waiver to remove the
stub street to the north property boundary.
b. The rear and/or sides of 2-story structures that face S. Meridian Rd., an entryway
corridor, 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 that are visible from the subject public street.
Single-story structures are exempt from this requirement.
c. All amenities and common open space within Prevail Subdivision(aka Percy
Subdivision) and Prevail North Subdivision shall be owned and maintained by the same
homeowner's association to ensure shared use in perpetuity.
2. The preliminary plat included in Section VII.B, dated May 7,2021, shall be revised as
follows prior to submitting for Final Plat approval:
a. Revise the plat to show the landscape buffer common lot along Meridian Road to be
at least 35 feet wide consistent with the required dimensional standards along an
entryway corridor or apply for Alternative Compliance,per UDC 11-5B-5.
b. Add a plat note stating that direct lot access to S. Meridian Road/SH 69 is prohibited.
c. Revise the plat to remove the stub street from the west cul-de-sac to the north
property boundary,per the approved City Council waiver.
3. Revise the landseape plans, open s-paee exhibit, a*d all other-r-elevant plans to fefleet the
revised pfeliminary plat layout and pr-evide revised plans to staff at least fifteen (15) days
prior-to the City Couneil hearing.
4. The landscape plan included in Section VII.C, dated Mar-eh May 17, 2021, shall be revised as
follows prior to submitting for Final Plat approval:
a. Revise the plan to show the required landscape buffer along Meridian Road to be 35'
instead of 25' or apply for Alternative Compliance,per UDC 11-5B-5.
b. Move efie of the tfees lee-ated an the south side of the mi^r�n
neAhwest eemer of the site to the nefth side of the pathway eensistent with UDC 11
3B-12.
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Item#10.
e. Remove the center-planter-bed withinYthe l'afge-open space lot, shown as Lot l�zc
d. Plant the proposed 9 foot wide pffk-way along the nofth side of Liberator-Street With
at least one (1)tr-ee per-3 5 lineaf feet eonsistetA with UDG 11 3B
e. Any landscaping within the ITD right-of-way shall be landscaped in accord with
UDC 11-313-7C.5.
5. Future development shall be consistent with the minimum dimensional standards listed in
UDC Table 11-2A-6 for the R-8 zoning district.
6. Off-street parking is required to be provided in accord with the standards listed in UDC Table
11-3C-6 for single-family dwellings based on the number of bedrooms per unit.
7. The Applicant shall comply with all ACHD conditions of approval.
8. Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11-
3A-15,UDC 11-313-6 and MCC 9-1-28.
9. Prior to issuance of Certificate of Occupancy on any building,the applicant shall submit a
public access easement for the multi-use pathway segment along Meridian Road to the
Planning Division for approval by City Council and subsequent recordation. The easement
shall be a minimum of 14' in width(10' pathway and 2' shoulder on each side).
10. Upon completion of the landscape installation, a written Certificate of Completion shall be
submitted to the Planning Division verifying all landscape improvements are in substantial
compliance with the approved landscape plan as set forth in UDC 11-313-14.
11. The preliminary plat approval shall become null and void if the applicant fails to either: 1)
obtain the City Engineer signature on a final plat within two years of the date of the approved
findings; or 2)obtain approval of a time extension as set forth in UDC 11-6B-7.
B. PUBLIC WORKS
1. Site Specific Conditions of Approval
1.1 Services must tie into sewer mains at a 90-degree angle from the main. Lot 33,Block 1 either
needs to be modified to a 90-degree angle into the main, or should be connected to SSMH 2.
1.2 Install water main in S Keyport Ave to connect to the existing water stub from Prevail
Subdivision No. 2.
1.3 Contact Public Works Engineering to discuss the water stub to the City of Meridian property
to the North.
1.4 A streetlight plan is required to be submitted with the Final Plat application.
1.5 A future streetlight installation agreement is required for the streetlights on Meridian Road.
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Item#10.
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 8-6-5.
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.
2.7 Any wells that will not continue to be used must be properly abandoned according to Idaho
Well Construction Standards Rules administered by the Idaho Department of Water
Resources. The Developer's Engineer shall provide a statement addressing whether there are
any existing wells in the development, and if so,how they will continue to be used, or
provide record of their abandonment.
2.8 Any existing septic systems within this project shall be removed from service per City
Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment
procedures and inspections(208)375-5211.
2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and
activated,road base approved by the Ada County Highway District and the Final Plat for this
subdivision shall be recorded,prior to applying for building permits.
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Item#10.
2.10 A letter of credit or cash surety in the amount of 110%will be required for all
uncompleted fencing, landscaping,amenities, etc.,prior to signature on the final plat.
2.11 All improvements related to public life, safety and health shall be completed prior to
occupancy of the structures.Where approved by the City Engineer, an owner may post a
performance surety for such improvements in order to obtain City Engineer signature on the
final plat as set forth in UDC 11-5C-3B.
2.12 Applicant shall be required to pay Public Works development plan review, and
construction inspection fees, as determined during the plan review process,prior to the
issuance of a plan approval letter.
2.13 It shall be the responsibility of the applicant to ensure that all development features
comply with the Americans with Disabilities Act and the Fair Housing Act.
2.14 Applicant shall be responsible for application and compliance with any Section 404
Permitting that may be required by the Army Corps of Engineers.
2.15 Developer shall coordinate mailbox locations with the Meridian Post Office.
2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H.
2.17 Compaction test results shall be submitted to the Meridian Building Department for all
building pads receiving engineered backfill,where footing would sit atop fill material.
2.18 The design engineer shall be required to certify that the street centerline elevations are set
a minimum of 3-feet above the highest established peak groundwater elevation. This is to
ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above.
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 AutoCAD standards. These record drawings must be
received and approved prior to the issuance of a certification of occupancy for any structures
within the project.
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.meridianciU.oMIpublic_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 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.
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Item#10.
2.23 The City of Meridian requires that the owner post to the City a warranty surety in the
amount of 20%of the total construction cost for all completed sewer,water and reuse
infrastructure for duration of two years. This surety will be verified by a 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.
C. FIRE DEPARTMENT
https://weblink.meridiancity.org/WebLink/Doc View.aspx?id=226061&dbid=0&repo=MeridianC
ia
D. BOISE PROJECT BOARD OF CONTROL(BPBC)
https://weblink.meridiancity.org/WebLink/DocView.aspx?id=226128&dbid=0&repo=MeridianC
hty
E. PARKS DEPARTMENT—PATHWAYS
https://weblink.meridiancity.or
g/WebLink/Doc View.aspx?id=22 75 71&dbid=0&repo=MeridianC
hty
F. ADA COUNTY DEVELOPMENT SERVICES
https://weblink.meridiancity.org/WebLink/DocView.aspx?id=226096&dbid=0&repo=MeridianC
hty
G. CENTRAL DISTRICT HEALTH DEPARTMENT(CDH)
https://weblink.meridiancity.orP/WebLink/Doc View.aspx?id=226020&dbid=0&repo=MeridianC
iu
H. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ)
https://weblink.meridiancitE.org/WebLink/DocView.aspx?id=226474&dbid=0&repo=MeridianC
hty
I. ADA COUNTY HIGHWAY DISTRICT(ACHD)
https://weblink.meridiancitE.orglWebLink/DocView.aspx?id=228248&dbid=0&repo=MeridianC
Lty
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;
Council finds the proposed zoning map amendment to annex the property into the City of
Meridian with the R-8 zoning district with the proposed preliminary plat and site design is
consistent with the Comprehensive Plan, if all conditions of approval are met.
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Item#10.
2. The map amendment complies with the regulations outlined for the proposed districts,
specifically the purpose statement;
Council finds the proposed zoning map amendment and the request for the development
complies with the regulations outlined in the requested R-8 zoning district and is consistent
with the purpose statement of the requested zone.
3. The map amendment shall not be materially detrimental to the public health,safety,
and welfare;
Council finds the proposed zoning map amendment should not be detrimental to the public
health, safety and welfare.
4. The map amendment shall not result in an adverse impact upon the delivery of services
by any political subdivision providing public services within the city including,but not
limited to,school districts; and
Council finds the proposed zoning map amendment will not result in an adverse impact on
the delivery of services by any political subdivision providing public services within the City.
5. The annexation(as applicable)is in the best interest of city.
Council finds the annexation is in the best interest of the City.
B. Preliminary Plat Findings:
In consideration of a preliminary plat,combined preliminary and final plat, or short plat,
the decision-making body shall make the following findings:
1. The plat is in conformance with the Comprehensive Plan;
Council finds that the proposed plat is in substantial compliance with the adopted
Comprehensive Plan in regard to land use, density, transportation, and pedestrian
connectivity. (Please see Comprehensive Plan Policies in, Section V of this report for more
information)
2. Public services are available or can be made available and are adequate to accommodate
the proposed development;
Council finds that public services will be provided to the subject property with development.
(See Section VIII of the Staff Report for more details from 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 any other utilities will be provided by the development at
their own cost, Council finds that the subdivision will not require the expenditure of capital
improvement funds.
4. There is public financial capability of supporting services for the proposed development;
Council finds there is public financial capability of supporting services for the proposed
development based upon comments from the public service providers(i.e.,Police,Fire,ACHD,
etc). (See Section VII for more information)
5. The development will not be detrimental to the public health, safety or general welfare;
and,
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Item#10.
Council is not aware of any health, safety, or environmental problems associated with the
platting of this property. ACHD considers road safety issues in their analysis and has offered
their support of the proposed development with the proposed road layout in mind.
6. The development preserves significant natural, scenic or historic features.
Council is unaware of any significant natural, scenic or historic features that exist on this site
that require preserving.
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