Pera Place Subdivision H-2021-0056 & H-2021-0091 (2022-011570) ADA COUNTY RECORDER Phil McGrane 2022-011570
BOISE IDAHO Pgs=53 CHE FOWLER 02/02/2022 08:43 AM
CITY OF MERIDIAN, IDAHO NO FEE
DEVELOPMENT AGREEMENT
PARTIES: i. City of Meridian
2, Tony Tseng,Applied Media,Inc., Owner/Developer
THIS DEVELOPMENT AGREEMENT(this Agreement),is made and entered into this 1st
day of February 2022 , 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 Tony Tseng,Applied Media,Inc., whose address is 6518 N. Fairborn, Meridian, Idaho
8364%hereinafter called OWNERYDEVELOPER,
1. RECITALS:
11 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 § 67-651 IA 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 I I-5B-3 of the Unified Development Code("UDC"),which authorizes
development agreements upon the annexation and/or re-zoning of land; and
1.4 WHEREAS,Owner/Developerhas submitted an application for a modification
of an existing Development Agreement (Instrument # 108057324) and an
annexation and rezone on the property as shown in Exhibit "A" under the
Unified Development Code, which generally describes how the Property will
be developed and what improvements will be made; and
1.5 WHEREAS, Owner/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
government subdivisions providing services within the City of Meridian
planning jurisdiction, and includes further testimony and comment; and
DEVELOPMENT AGREEMENT-PERA PLACE SuBDivisioN(H-2021-0056&H-2021-009 1) PAGE 1 OF 8
1.7 WHEREAS, on the 4' day of January, 2022, the Meridian City Council
approved certain Findings of Fact and Conclusions of Law and Decision and
Order ("Findings"), which have been incorporated into this Agreement and
attached as Exhibit"D"; 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,The Property contained in Exhibit"A" shall no longer be subject
to the terms of the existing Development Agreement(Inst.#108057324)or any
prior development agreement and shall be bound only by the terns contained in
this Agreement.
1.11 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 parry 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 OWNERIDEVELOPER: means and refers to Tony Tseng,Applied Media,
Inc.,whose address is 6518 N.Fairborn,Meridian,ID 83641hereinafter called
DEVELOPMENT AGREEMENT-PERA PLACE SUBDIVISION(H-2021-0056&H-2021-0091) PAGE 2 OF 8
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.
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
bound by this Development Agreement and attached hereto and by this
reference incorporated herein as if set forth at length.
4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right
to develop the Property in accordance with the terms and conditions of this Agreement.
4.1 The uses allowed pursuant to this Agreement are only those uses allowed under
the UDC.
4.2 No change in the uses specified in this Agreement shall be allowed without
modification of this Agreement.
5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY:
5.1. Owners/Developer shall develop the Property in accordance with the following
special conditions:
a. Future development of this site shall be consistent with the approved plat, landscape
plan, and conceptual building elevations included in Section VII and the provisions
contained herein.
b. The Applicant shall install and maintain lights along the micro-path proposed within
the large open space lot in the northwest corner of the site(Lot 8,Block 1)to help with
pedestrian safety and use of this open space area.
c. With final plat submittal,the Applicant shall provide a copy of the executed agreement
with the Poorman outparcel (Parcel #SO427325830) outlining the use, maintenance,
and termination of the septic drain field that is part of the large open space lot in the
northwest corner of the project, shown as Lot 8,Block 1.
d. The Applicant shall construct an interim 5-foot wide sidewalk along the Poorman
outparcel(Parcel#SO427325830)to eliminate the sidewalk gap on the east side ofN.
Black Cat Road and provide safe pedestrian access along this corridor. Coordinate
with the transportation authority on approved construction methods for this interim
sidewalk.
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:
DEVELOPMENT AGREEMENT-PERA PLACE SUBDIVISION(H-2021-0056&H-2021-0091) PAGE 3 OF 8
Item#12.
7.1 Acts of Default. In the event Owner/Developer, or Owner's/Developer's heirs,
successors, assigns, or subsequent owners of the Property or any other person
acquiring an interest in the Property,fail to faithfully comply with all of the terms and
conditions included in this Agreement in connection with the Property, this
Agreement may be terminated by the City upon compliance with the requirements of
the Zoning Ordinance.
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
from City as described in Section 7.2, City shall,upon satisfaction of the notice and
hearing procedures set forth in Idaho Code section 67-651 IA,have the right,but not a
duty, to de-annex all or a portion of the Property, reverse the zoning designations
described herein, and terminate City services to the de-annexed Property, including
water service and/or sewer service. Further, City shall have the right to file an action
at law or in equity to enforce the provisions of this Agreement.Because the covenants,
agreements, conditions, and obligations contained herein are unique to the Property
and integral to City's decision to annex and/or re-zone the Property, City and
Owner/Developer stipulate that specific performance is an appropriate, but not
exclusive, remedy in the event of default. Owner/Developer reserves all rights to
contest whether a default has occurred.
7.4 Choice of Law and Venue. This Agreement and the rights of the parties hereto shall
be governed by and construed in accordance with the laws of the State of Idaho,
including all matters of construction, validity, performance, and enforcement. Any
action brought by any party hereto shall be brought within Ada County, Idaho.
7.5 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.
7.6 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.
DEVELOPMENT AGREEMENT—PERAPLACE SUBDMSION(H-2021-0056&H-2021-0091) PAGE 4 OF 8
Page 122
Item#12.
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 ordinance in
connection with the annexation and zoning of the Property contemplated hereby,the City shall execute
and record an appropriate instrument of release of this Agreement.
10. ZONING: City shall,following recordation of the duly approved Agreement,enact a
valid and binding ordinance zoning the Property as specified herein.
11. SURETY OF PERFORMANCE: The City may also require surety bonds,irrevocable
letters of credit, cash deposits, certified check or negotiable bonds, as allowed under the UDC, to
insure the installation of required improvements, which the Owner/Developer agree to provide, if
required by the City.
12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued in
any phase in which the improvements have not been installed,completed,and accepted by the City,or
sufficient surety of performance is provided by Owner/Developer to the City in accordance with
Paragraph 11 above.
13. ABIDE BY ALL CITY ORDINANCES: That Owners and/or Developer agree to
abide by all ordinances of the City of Meridian unless otherwise provided by this Agreement.
14. NOTICES: Any notice desired by the parties and/or required by this Agreement shall
be deemed delivered if and when personally delivered or three (3) days after deposit in the United
States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as
follows:
CITY: with copy to:
City Clerk City Attorney
City of Meridian City of Meridian
33 E. Broadway Ave. 33 E. Broadway Avenue
Meridian, Idaho 83642 Meridian, Idaho 83642
OWNER/DEVELOPER:
Tony Tseng, Applied Media, Inc.
6518 N. Fairborn
Meridian, ID 836416
-�r
DEVELOPMENT AGREEMENT—PERAPLACE SUBDIVISION(H-2021-0056 cot H-2021-0091) PAGE 5 OF 8
Page 123
Item#12.
14.1 A party shall have the right to change its address by delivering to the other party
a written notification thereof in accordance with the requirements of this section.
15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto
concerning this Agreement,the prevailing party shall be entitled,in addition to any other relief as may
be granted, to court costs and reasonable attorney's fees as determined by a Court of competent
jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall
survive any default, termination or forfeiture of this Agreement.
16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is
strictly of the essence with respect to each and every term,condition and provision hereof,and that the
failure to timely perform any of the obligations hereunder shall constitute a breach of and a default
under this Agreement by the other party so failing to perform.
17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure
to the benefit of the parties' respective heirs, successors, assigns and personal representatives,
including City's corporate authorities and their successors in office. This Agreement shall be binding
on the Owner/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.
DEVELOPMENT AGREEMENT—PERA PLACE SUBDIVISION(H-2021-0056&H-2021-0091) PAGE 6 OF 8
Page 124
Item#12.
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; acknowledgements, signatures and Exhibits A and B follow]
DEVELOPMENT AGREEMENT—PERA PLACE SUBDIVISION(H-2021-0056&H-2021-0091) PAGE 7 OF 8
Page 125
ACKNOWLEDGMENTS
IN WITNESS WHEREOF,the parties have herein executed this agreement and made it
effective as hereinabove provided.
OWNERS/DEVELOPER:
Applied Media, Inc.
By: T y T
CITY OF MERIDIAN ATTEST:
By:
Mayor Robert E. Simison 2-1-2022 Chris Johnson, City Clerk 2-1-2022
STATE OF IDAHO )
ss:
County of Ada )
a1
On this day of t-Cv— 20A before me,the undersi ed,a Notary Public in and for said State,
personally appeared Tony Tseng known or identified tome to be the n.�C��- Vtle of Applied Media,Inc.and the
person who signed above and acknowledged to me that he executed the same on behalf of said corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this
certificate first above written.
4 . o� -^
O A R Y Notary Public for —7 b
Residing at:5.31 It i�r 14G t f J 4-2 t
" My Commission Expires: a--
'c'U B oGati
ST!RES g13���O
STATE OF IDAHO ) T 0
ss
County of Ada )
On this 1st day of February 20 22,before me,a Notary Public, personally appeared Robert E.
Simison and Chris Johnson,known or identified to me to be the Mayor and Clerk,respectively,of the City of Meridian,
who executed the instrument or the person that executed the instrument of behalf of said City,and acknowledged to me that
such City executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this
certificate first above written.
Notary Public for Idaho
Residing at: Meridian, ID
Commission expires: 3-28-2022
DEVELOPMENT AGREEMENT-PERA PLACE SUBDIVISION(H-2021-0056&H-2021-0091) PAGE 8 OF 8
item#12. EXHIBIT A
Annexation and Rezone Legal Descriptions and Exhibit Maps
IDAHO 9955 W Emerald St
SURVEY Boise, ID 83704
Phone: (208) 846-8570
GROUP Fax: (208) 884-5399
Boundary Description for
Pera Place-City of Meridian Annexation
August 5,2021
A parcel of land situated in the southwest quarter of Section 27,Township 4
North,Range 1 West,Boise Meridian,Ada County,Idaho,including Lots 2 and
3,Block 2 of Black Cat Estates Subdivision No.2,(instrument number 870382,
records of Ada County,Idaho);and being more particularly described as follows:
Commencing at the southwest comer of Section 27,Township 4 North,Range I
West,Boise Meridian,which bears S00°31'09"W,2637.37 feet from the west
quarter-section corner of Section 27;
Thence N00°31'09"E, 1318.65 feet along the west line of Section 27 to the south
sixteenth-section corner of Section 27;
Thence S89°17'46"E,660.80 feet along the north line of the southwest quarter of
the southwest quarter of Section 27(City of Meridian annexation instrument
number 2020-138111,records of Ada County,Idaho)and the south line of the
north half of the southwest quarter of Section 27(City of Meridian annexation
instrument number 108057325,records of Ada County,Idaho)to the POINT OF
BEGINNING:
Thence continuing S89°17'46"E,728.47 feet along the south line of the
north half of the southwest quarter of Section 27,and the current boundary
of the City of Meridian(City of Meridian annexation instrument number
108057325,records of Ada County,Idaho),to the corner of Vicenza
Commons Subdivision(instrument number 2018-095335,records of Ada
County,Idaho)on the north boundary of Lot 4,Block 2 of Black Cat
Estates Subdivision No.2(Record of Survey instrument number
112020950,records of Ada County,Idaho);
Thence N89°25'46"W,67.40 feet along the north boundary of Lot 4 to the
northeast corner of Lot 3,Block 2 of Black Cat Estates Subdivision No.2;
Thence S00°32'04"W,659.59 feet along the boundary of Lots 3&4 and
the southerly extension thereof to the center line of W.Daphne St.;
Thence N89°16'00"W,660.89 feet along the center line of W.Daphne St.
to the southerly extension of the boundary of Lots 1 &2,Block 2 of.Black
Cat Estates Subdivision No.2,and the current boundary of the City o
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Page 1 of 2 IL
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Page 1
Page 127
Item#12.
• IDAHO 9955 W Erneratd St
SURVEY Boise, ID 83704
15G
GROUP Phone: (208) 846-8570
Fax: (208) 884-5399
Meridian(City of Meridian annexation instrument number 2020-13811,
records of Ada County,Idaho);
Thence N00°31'08"E,659.41 feet along the boundary of Lots 1 &2,the
southerly extension thereof,and the current boundary of the City of
Meridian to the POINT OF BEGINNING.
The above-described parcel contains 10.01 acres,more or less.
D
Page 2 of 2 OF tV�
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Pera Place Subdivision—H-2021-0056 and H-2021-0091—Exhibit A to Development Agreement page 128
Item#12.
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IDAHO
EXHIBIT DRAWING FOR 21-252
SG
SURVEY BOISE,DMERAEDST. PERA PLACE — CITY OF MERIDIAN ANNEXATION SHEET
9955 I°AHO LDS
12Ba7 8464570
GROUP, LLC SITUATED IN THE SOUTHWEST QUARTER OF SECTION 27. T.4N., R.1W.. B.M., DWG. DATE
ADA COUNTY,IDAHO 8/5/2021
Pera Place Subdivision—H-2021-0056 and H-2021-0091—Exhibit A to Development Agreement page 129
Item#12.
09°17'46"e 67.4
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Pera Place - Meridian Annexation Closure Worksheet 8/5/2021
Scale: i inch= 100 feet File:
Tract 1:10.0085 Acres,Closure:n00.0000e 0.00 R.(1 W2464),Perimeter=2776 ft.
01 s89.1746e 728.47
02 n89.2546w 67.4
03 s00.3204w 659.59
04 n89.1600w 660.89
05 n00.3108e 659.41
Pera Place Subdivision—H-2021-0056 and H-2021-0091—Exhibit A to Development Agreement page 130
Item#12.
® IDAHO 9955 W Emerald St
SURVEY Boise, ID 83704
ISG GROUP Phone: (208) 846-8570
Fax: (208) 884-5399
Boundary Description for
Pera Place-City of Meridian Rezone R4 to R8
Project No.21-252 December 6,2021
A parcel of land situated in the north half of the southwest quarter of Section 27,
Township 4 North,Range 1 West,Boise Meridian,City of Meridian,Ada County,
Idaho,and being more particularly described as follows:
Commencing at the southwest corner of Section 27,Township 4 North,Range I
West,Boise Meridian,which bears S00°31'09"W,2637.37 feet from the west
quarter-section corner of Section 27;
Thence N00°31'09"E, 1505.03 feet along the west line of Section 27 to the
southwest corner of Parcel B (Record of Survey 7768,records of Ada County,
Idaho),the POINT OF BEGINNING:
Thence continuing N00°31'09"E,255.13 feet along the west line of
Section 27 and Parcel B to the corner with Vicenza Subdivision No.2
(Book 110 of Plats at Pages 15670 thru 15673,records of Ada County,
Idaho);
Thence S89°38'12"E,291.82 feet along the boundary of Parcel B,Vicenza
Subdivision No.2,and Vicenza Subdivision No,4(Book 117 of Plats at
Pages 17790 thru 17793,records of Ada County,Idaho);
Thence S 19°35'11"E, 111.85 feet along the boundary of Parcel B and
Vicenza Subdivision No.4 to the corner with Vicenza Commons
Subdivision No. 2(Book 117 of Plats at Pages 17794 thru 17797,records
of Ada County,Idaho);
Thence S34°24'46"E,79.39 feet along the boundary of Parcel B and
Vicenza Commons Subdivision No.2;
Thence S50°46'23"E,89.27 feet along the boundary of Parcel B and
Vicenza Commons Subdivision No.2;
Thence S88°1148"E,896.60 feet along the boundary of Parcel B and
Vicenza Commons Subdivision No.2 to the corner with Vicenza
Commons Subdivision(Book 114 of Plats at Pages 17014 thru 17016
records of Ada County,Idaho); 9'�>
Page 1 of 2
• tT OF
Pera Place Subdivision—H-2021-0056 and H-2021-0091—Exhibit A to Development Agreement page 131
Item#12.
IDAHO 9955 W Emerald St
SURVEY Boise, ID 83704
GROUP Phone: (208)846-8570
Fax: (208)884-5399
Thence S 12°47'30"E,206.28 feet along the boundary of Parcel B and
Vicenza Commons Subdivision to the south line of the north half of the
southwest quarter of Section 27;
Thence N89°17'46"W,728.47 feet along the south line of the north half of
the southwest quarter and the boundary of Parcel B to the corner with the
5120 N.Black Cat Rd.Parcel(Record of Survey 12801,records of Ada
County,Idaho);
Thence N89°17'41"W,319.20 feet along the boundary of Parcel B and the
5120 N.Black Cat Rd.Parcel to the corner with Parcel A(Record of
Survey 7768,records of Ada County,Idaho);
Thence N00°26'34"E, 155.40 feet along the boundary of Parcel B and
Parcel A;
Thence N44°20'33"W,42.57 feet along the boundary of Parcel B and
Parcel A;
Thence N89°07'48"W,311.37 feet along the boundary of Parcel B and
Parcel A to the POINT OF BEGINNING.
The above-described parcel contains 6.99 acres,more or less.
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Pera Place Subdivision—H-2021-0056 and H-2021-0091—Exhibit A to Development Agreement page 132
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Pera mac Subdivision-H2O21±O56 and H-O21±0 1-Ex@mtA to Development Agreement 7�£
EXHIBIT B C�fIENty
CITY OF MERIDIAN
FINDINGS OF FACT,CONCLUSIONS OF LAW
AND DECISION& ORDER
In the Matter of the Request for Annexation and Zoning of 10 acres of land with a request for the
R-8 zoning district; Rezone of 6.99 acres of land from the R-4 zoning district to the R-8 zoning
district; Preliminary Plat consisting of 65 single-family detached building lots and 8 common lots
on 16.63 acres of land, and; Development Agreement Modification to terminate the existing DA
(Bellhaven Subdivision,AZ-07-011 &PP-07-016,Inst.#108057324)to incorporate the subject
parcel(SO427325702)into a new DA consistent with the proposed Preliminary Plat and Annexation
for Pera Place Subdivision (H-2021-0056).,by Tony Tseng,Applied Media,Inc.
Case No(s).H-2021-0056&H-2021-0091
For the City Council Hearing Date of: December 14, 2021 (Findings on January 4, 2022)
A. Findings of Fact
1. Hearing Facts(see attached Staff Report for the hearing date of December 14,2021, incorporated
by reference)
2. Process Facts(see attached Staff Report for the hearing date of December 14, 2021, incorporated
by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of December 14,
2021, incorporated by reference)
4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing
date of December 14,2021,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
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(Pera Place Subdivision—FILE#H-2021-0056&H-2021-0091)
- I Page 134
Item#12.
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 December 14,2021,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 requests for Annexation and Zoning,Rezone, Preliminary Plat,and
Development Agreement Modification are hereby approved per the conditions of approval in
the Staff Report for the hearing date of December 14,2021, attached as Exhibit A.
D. Notice of Applicable Time Limits
Notice of Preliminary Plat Duration
Please take notice that approval of a preliminary plat, combined preliminary and final plat, or
short plat shall become null and void if the applicant fails to obtain the city engineer's signature
on the final plat within two(2)years of the approval of the preliminary plat or the combined
preliminary and final plat or short plat(UDC 11-613-7A).
In the event that the development of the preliminary plat is made in successive phases in an
orderly and reasonable manner, and conforms substantially to the approved preliminary plat,
such segments, if submitted within successive intervals of two(2)years,may be considered for
final approval without resubmission for preliminary plat approval (UDC 11-6B-7B).
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11-6B-7.A,the Director may authorize a single extension of time to obtain the City
Engineer's signature on the final plat not to exceed two(2)years. Additional time extensions up
to two(2)years as determined and approved by the City Council may be granted. With all
extensions,the Director or City Council may require the preliminary plat, combined
preliminary and final plat or short plat to comply with the current provisions of Meridian City
Code Title 11. If the above timetable is not met and the applicant does not receive a time
extension,the property shall be required to go through the platting procedure again(UDC 11-
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.
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(Pera Place Subdivision—FILE#H-2021-0056&H-2021-0091)
-2-
Page 135
Item#12.
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
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 67-6511A. 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 December 14,2021.
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(Pera Place Subdivision—FILE#H-2021-0056&H-2021-0091)
-3 Page 136
By action of the City Council at its regular meeting held on the 4th day of January
2022.
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 Simison 1-4-2022
Attest:
Chris Johnson1-4-2022
City Clerk
Copy served upon Applicant, Community Development Department,Public Works Department and City
Attorney.
By: Dated: 1-4-2022
City Clerk's Office
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(Pera Place Subdivision—FILE#H-2021-0056&H-2021-0091)
-4- Page 328
item#12. EXHIBIT A
STAFF REPORTC�WE IDIAT ---
COMMUNITY DEVELOPMENT DEPARTMENT °
HEARING 12/14/2021 Legend (�
AK
DATE: I
Project Location i
TO: Mayor&City Council — SO 11
❑ �
FROM: Joe Dodson,Associate Planners
208-884-5533 ® �
SUBJECT: H-2021-0056&H-2021-0091 (MDA) �
Pera Place Subdivision
1
LOCATION: The site is located at 4600 W. DaphneINS M. ®®
Street,4546 W. Daphne Street,and 1121
Parcel SO427325702,near the northeast - - -----
corner of N. Black Cat Road and W.
McMillan Road, in the NW%,&the SW
1/4 of the SW 1/4 of Section 27, Township --
4N.,Range 1 W. F-F -
I. PROJECT DESCRIPTION
• Annexation and Zoning of 10 acres of land with a request for the R-8 zoning district;
• Rezone of 644 6.99 acres of land from the R-4 zoning district to the R-8 zoning district,
• Preliminary Plat consisting of 65 single-family detached building lots and 8 common lots on
16.63 acres of land, and;
• Development Agreement Modification to terminate the existing DA(Bellhaven Subdivision,AZ-
07-011 &PP-07-016, Inst. #108057324)to incorporate the subject parcel(SO427325702) into a
new DA consistent with the proposed Preliminary Plat and Annexation for Pera Place
Subdivision(H-2021-0056).
II. SUMMARY OF REPORT
A. Project Summary
Description Details Page
Acreage AZ— 10 acres; Plat— 16.63 acres
Future Land Use Designation Medium Density Residential (3-8 du/ac)
Existing Land Uses Vacant land and County Residential
Proposed Land Uses Detached Single-family Residential
Lots(#and type; 73 total lots—65 residential building lots; 8 common
bldg./common) lots
Phasing Plan(#ofphases) No phasing plan submitted
Number of Residential Units 65 single-family units
Density Gross—3.91 du/ac
Page 1
Page 138
Item#12.
Description Details Page
Open Space (acres,total 3.14 acres total open space—2.84 acres of qualified
[%]/buffer/ ualified) open space(approximately 17%)
Amenity Additional qualified open space above the
requirement(at least 20,000 square feet); Pergola
with a picnic table; and a Tot-lot.
Neighborhood meeting date;# June 30,2021 — 12 attendees; September 13,2021 —
of attendees: No attendees
History(previous approvals) AZ-07-011 &PP-07-016(for the R-4 parcel); DA
Inst. #108057324; Black Cat Estates Subdivision No.
2 (County subdivision that includes the remaining 10
acres and two parcels).
B. Community Metrics
Description Details Page
Ada County Highway
District
• Staff report(yes/no) Yes
• Requires ACHD Yes—Applicant received ACHD Commission approval on October 6, 2021.
Commission Action
es/no
Access Access is proposed via extension of existing and planned stub streets;two
(Arterial/Collectors/State new access points to Daphne Street are also proposed.
Hwy/Local)(Existing and Proposed stub street extensions include one from the north through Vicenza
Proposed) Commons (N. Sepino Avenue) and one from the west through Brody Square
that is currently under construction.
Stub All existing and planned stub streets are shown as being extended into the
Street/Interconnectivity/Cross project site,per the submitted plat. The Applicant is proposing internal local
Access streets for all Interconnectivity;no collector or arterial streets traverse the
project area.
Existing Road Network No
Existing Arterial Sidewalks/ No; submitted plat shows new arterial sidewalk and buffer along short
Buffers segment abutting N. Black Cat Road.
Proposed Road The Applicant is required to improve W. Daphne Street as of a 33-foot
Improvements wide street section with curb, gutter, and 5-foot wide attached sidewalk with
this application.
CIP/Five Year Work Plan for nearby roads:
Capital Improvements Plan(CIP)I Integrated Five Year Work Plan(IFYWP):
• The intersection of McMillan Road and Black Cat Road is scheduled in the IFYWP for the
installation of an interim traffic signal in 2022.
• Black Cat Road is listed in the CIP to be widened to 5-lanes from Ustick Road to McMillan
Road between 2031 and 2035.
• Black Cat Road is listed in the CIP to be widened to 5-lanes from McMillan Road to Chinden
Boulevard between 2036 and 2040.
• McMillan Road is listed in the CIP to be widened to 5-lanes from Black Cat Road to Ten Mile
Road between 2031 and 2035.
• The intersection of McMillan Road and Black Cat Road is listed in the CIP to be reconstructed
as a multi-lane roundabout with 4-lanes on the north leg, 4-lanes on the south,2-lanes east,
and 2-lanes on the west leg,and between 2031 and 2035.
Distance to nearest City Park 1.5 miles to Keith Bird Legacy Park(7.5 acres)
(+size)
Page 2
Page 139
Item#12.
Description Details Page
Fire Service
• Distance to Fire 2.5 miles from Fire Station#5 (project would be serviced by future Fire
Station Station#8, scheduled for completion in Summer 2023).
• Fire Response Time The project lies within the Meridian Fire response time goal of 5 minutes.
• Resource Reliability Fire Station#5 reliability is 84% (above the goal of 80%)
• Risk Identification Risk Factor 2—Residential with hazards(proposed pond/drainage facility)
• Accessibility Proposed project meets all required road widths, and turnaround dimensions.
Police Service
See link in Section VIILD
Wastewater
• Distance to Sewer N/A
Services
• Project Consistent Yes
with WW Master
Plan/Facility Plan
• Impacts/Concerns • Provide to-and-through to 4448,4500,and 4520 W.Daphne St. Manholes
need to be extended to property line at the east and into Daphne St at the
south.
• Ensure no sewer services pass through infiltration trenches.
• Ensure that angles of pipe into/out of manhole is a minimum of 90
degrees in the direction of flow.
• Parcel SO427325702 is part of the Black Cat Main Reimbursement
agreement.
Water
• Distance to Services 0'
• Project Consistent Yes
with Water Master
Plan
• Impacts/Concerns • Any well that will no longer be used must be abandoned according to
IDWR requirements.
• Assuming existing blow-offs at the west boundary. Call out blow off
removal.
• Blow offs at the east side to be called out as per Standard Drawing W13.
Page 3
Page 140
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Item#12.
IV. NOTICING
Planning& Zoning City Council
Posting Date Posting Date
Newspaper Notification 9/17/2021 11/28/2021
Radius notification mailed to
properties within 500 feet 9/15/2021 12/2/2021
Site Posting 10/15/2021 12/1/2021
Nextdoor posting 9/16/2021 12/6/2021
V. STAFF ANALYSIS
A. Future Land Use Map Designation(https://www.meridiancity.or /g 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 project is approximately sixteen and a half acres (16.5) and includes three (3)
existing parcels, one of which was annexed into the City with the R-4 zoning district in 2007 and
has an existing Development Agreement(DA). The area to the north of this project is developed
R-4 zoning with detached single-family homes and an R-8 subdivision is approved to the west of
this project, Brody Square. Consistent with the future land use designation of MDR (3-8 du/ac),
the Applicant is proposing Pera Place Subdivision with 65 building lots equating to a gross
density of 3.91 units per acre. Therefore, the Applicant is proposing a residential project at the
low end of the allowable density. Furthermore, the proposed use of detached single-family
residential is an allowed and anticipated use in the requested R-8 zoning district and MDR future
land use designation.
REZONE:As noted, a portion of this project is already annexed and zoned R-4. This area of
the project created a county enclave that is still owned by the same property owner and is
referred to as the Poorman outparcel. This enclave is currently not annexed into the City and
was not required to annex when the R-4 property was annexed and approved for a preliminary
plat in 2007.
The previously approved plat is no longer valid as it is long expired but the existing DA is tied
to previous layout and the existing R-4 zoning. The Applicant is requesting to rezone this area
to the R-8 zoning district to match the requested zoning of the 10 acres to the south and the
approved projects to the south/southwest. Because there is an existing DA tied to a plat that is
no longer valid and the Applicant is requesting to rezone this area,the Applicant should submit
a Development Agreement Modification application to replace the existing DA and incorporate
its boundary with the property included with the concurrent annexation request. This will
ensure that the subdivision will develop as proposed. The MDA application
was submitted prior to the Council
hearing. Staffs recommended DA provisions are already in the conditions section of this
report,Section VIII, and supports the MDA request to ensure a more connected road network
and cohesive project is proposed.If the Poorman outparcel is not included in the proiect
boundary, the protect area within the annexation boundary(approximately 10 acres) could
likely stand on its own merits.However, the project was not analyzed in this manner so Staff
cannot Quarantee 100 percent compliance with UDC standards for this area alone. For
example, the required amount of qualified open space. Should Council decide the R-4 parcel
Page 5
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Item#12.
should not be a part of this project,Staff recommends a continuance to allow Staff time to
analyze iust the 10 acres associated with the annexation request.
In general, Staff finds rezoning this area from R-4 to R-8 a logical expansion of existing zoning
nearer the corner of Black Cat and McMillan Roads to the southwest of the subject site. Brody
Square Subdivision is an approved R-8 subdivision directly to the west/southwest of this area and
the Applicant has aimed to match the lot lines along the abutting project boundary. This same
density is proposed throughout the proposed project;Staff finds the proposal to annex 10 acres
and rezone 6.5 acres to the R-8 zoning district offers an appropriate transitional density to the
developed R-4 area to the north.
Staff finds 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 and
rezone pursuant to Idaho Code section 67-6511A.In order to ensure the site develops as
proposed with this application, Staff recommends a new DA that encompasses the land proposed
to be rezoned and annexed 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 rezone and annexation approval.A final plat will not be accepted until the
new DA is executed and the RZ and AZ ordinances are 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"(2.01.01 G). The proposed project offers a density and
site design similar to project approved to the west. Despite proposing a similar density and lot
size as that to the west, this Applicant is proposing a large linear open space lot and varying lot
sizes throughout the development that should offer different home design. In addition, the overall
combined density ofprojects in the area near the corner of Black Cat and McMillan offer a
transition between the arterial roadways and the existing R-4 zoning to the north. It is anticipated
and planned within this corridor along McMillan that detached single-family homes will be
proposed. Furthermore,proposing a density near the lowest allowed provides the City a relief to
the transportation network and area schools when compared to a project at twice the density,
which would be allowed within the same future land use designation.
"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 west and north. This project also
lies within the Fire Department response time goal and Fire has approved the accesses to and
through the site. West Ada School District anticipates an additional 45 school aged children from
this development, according to the ratio of 0.7 kids per household. With the anticipated
additional school aged children in the vicinity of project area, Staff anticipates adequate capacity
for the designated middle and high school but overcrowding at Pleasant View Elementary, the
elementary school approximately '/mile to the north through the adjacent subdivision.
Unfortunately, the City does not control the construction of new schools but Staff is aware of the
potential for overcrowding at the neighborhood elementary school. Because of this, West Ada
anticipates some students utilizing the options of charter schools and specialty schools.
Staff finds that the existing and planned development of the immediate area create appropriate
conditions for levels of service to and for this proposed project.
Page 6
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Item#12.
"Preserve,protect,and provide open space for recreation, conservation,and aesthetics"
(4.05.01F). The Applicant is proposing this project with two large open space lots totaling 2.75
acres. These two lots are located at different areas of the plat with one being 97 foot wide linear
open space in the south portion of the site and the other located along Black Cat and is proposed
with a vast number of existing trees that are remaining. Both areas have ample recreation
opportunity and pedestrian connections through them. Preserving the existing trees and creating
an area of open space that links through the subdivision in the south present adequate usable
open space, appropriate conservation, and ample aesthetics for the project.
"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 similar to that of the approved Brody Square subdivision directly abutting
the site to the west. In addition, R-8 zoning is an appropriate zoning to transition to the R-4
zoning to the north. The Applicant could revise the lot sizes along the north boundary to meet the
R-4 minimum lot size of 8,000 square feet but due to the proposed road layout, aligning lot lines
may still be difficult. Furthermore, in this area of the site, the Applicant is proposing six lots
adjacent to five existing lots in Vicenza Commons offering similar density along this shared
boundary. Therefore, Staff finds the proposed density and lot placement should provide a
cohesive project with Vicenza Commons to the north and provide adequate transitional density
overall.
"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 all abutting stub streets—N. Sepino Avenue from the north, a local street
from the west in Brody Square Subdivision, and two new connections to Daphne Street, the
existing local street along the south project boundary. The Applicant is also proposing a new stub
street to the east boundary for future connectivity and development opportunity for those parcels
to the east. Further discussion and analysis on this are below in Section G,Access. Stafffinds the
Applicants proposed street connections comply with this policy.
"Eliminate existing private treatment and septic systems on properties annexed into the City and
instead connect users to the City wastewater system; discourage the prolonged use of private
treatment septic systems for enclave properties."(4.08.02A).As discussed, a portion of this
project surrounds a county enclave that utilizes private septic and well systems. Staff has had
multiple discussions with that landowner and they do not have an interest in annexing into the
City and connecting to City services at this time. The submitted plans show their septic drain field
on a small portion of the already annexed R-4 parcel(discussed in more detail below)
perpetuating prolonged use of the private systems. Staff finds these conditions do not comply with
this policy.
Staff finds this development to be generally consistent with the Comprehensive Plan.
C. Existing Structures/Site Improvements:
There are two existing county residential single-family homes with accessory structures on the
two 5-acre sites abutting Daphne Street. Both homes are proposed to be removed upon
development of this project.
Within the existing R-4 parcel,the Poorman outparcel has their septic tank drain field on a
small area just north of their property line near Black Cat Road.According to the
Page 7
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Item#12.
submitted plat,the Applicant has proposed a non-buildable lot over this area. Staff does not
support the inclusion of a non-buildable lot for this shared use and instead recommends the
developer and the Poorman's enter into a separate agreement that defines how this area is
to be used and maintained.This recommendation would remove the non-buildable lot and
incorporate this area into the larger common lot as previously proposed by the Applicant.
This agreement should be included with a future final plat application and include a
termination clause when the Poorman outparcel redevelops or connects to City services.
D. Proposed Use Analysis:
The proposed use is detached single-family residential with an average lot size of 6,705 square
feet and a minimum lot size of 5,297 square feet. This use is a permitted use in the requested R-8
zoning district per UDC Table 11-2A-2 and all lots meet the minimum lot size requirement of
4,000 square feet. The Applicant has not noted if this is a phased project,however Staff
anticipates it to develop as one phase.
The proposed use, lot sizes, and lot alignment should provide for a development that is cohesive
with the adjacent development to the north and the planned development to the west/southwest.
E. Dimensional Standards(UDC I1-2):
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 except for the length of the proposed east-west cul-de-sac
shown as W. Philomena Court in the north portion of the site. This cul-de-sac measures
approximately 550 feet in length, 50 feet beyond the allowed length by UDC 11-6C-3. Therefore,
the Applicant requires a Council Waiver to exceed the 500 foot limit for a dead-end street.
Note: The original preliminary plat met this requirement and included an access easement to
the Poorman outparcel.At Staffs recommendation, the Applicant extended Philomena Court
further west so that right-of-way would touch the Poorman outparcel instead of an easement.
Staff recommended this because easements are more difficult to track and maintain than
having abutting right-of-way. With the current layout, the City will have more means of
requiring the Poorman outparcel take access from Philomena Court instead of Black Cat
should that property ever redevelop. Therefore,Staff recommends Council approve the waiver
for the dead-end street to exceed 500 feet.
F. Building Elevations(UDC I1-3A-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 single and two-story homes with two-car garages. The
elevations depict field materials of lap siding and faux shingles with varying roof profiles offering
an overall array of potential homes. Because these homes do not abut an arterial or collector
roadway, staff is not requiring any additional design review with the building permit submittal.
G. Access(UDC 11-3A-3, 11-3H-4):
Access is proposed via multiple local street connections and no arterial or collector street
connections. One access is via extension of N. Sepino Avenue, a local street stubbed to the
northern boundary from the Vicenza Commons Subdivision. The Applicant is also proposing two
new north-south local street connections to W. Daphne Street,an existing county local street
along the southern boundary. Daphne Street is the access point for the existing county residences
Page 8
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Item#12.
and is proposed to be improved with half-plus-twelve feet of pavement, curb, gutter, and 5-foot
attached sidewalk,per the ACHD staff report(see section VIILI). The submitted plat shows these
north-south local streets intersecting a new east-west local street that would be an extension of
Avilla Drive from Brody Square to the west(Brody square is currently under construction but no
roads have been constructed at this time). The proposed N. Sepino extension intersects Avilla
Drive and is the access point for the noted Philomena Court. In addition,the Applicant is
proposing a common drive off of N. Sepino that serves three (3)building lots; the two other lots
adjacent to the common drive are proposed to take access from N. Sepino instead of the common
drive. All local streets are proposed as 33-foot wide street sections with 5-foot attached sidewalk
within 47 feet of right-of-way consistent with ACHD policy.
The Applicant is also proposing to extend Avilla Drive to the east boundary as a stub street for
future road connectivity to adjacent properties. The improvement of Daphne Street will also allow
for future connectivity to the east with the assumption that redevelopment of the parcel(s)to the
south will be required to complete the south half of Daphne and continue the pedestrian
connectivity.
Staff supports the overall road layout and stub street locations as proposed on the revised
preliminary plat.
H. Parking(UDC 11-3C):
Off-street parking is required to be provided in accord with the standards listed in UDC Table H-
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. Furthermore,no on-street parking is allowed within any part of the cul-de-sac at
the end of W. Philomena Court unless the Applicant revises it to be constructed with a 57-foot
radius.
Because each lot is at least 50 feet wide and there are areas where no driveways exist on the
local streets, Staff is not concerned with the amount ofparking in this subdivision.
I. Sidewalks(UDC 11-3A-17):
5-foot wide attached sidewalks are proposed along all proposed streets except for that sidewalk
along N. Black Cat—the Applicant is proposing to construct 5-foot wide detached sidewalk
within the required street buffer consistent with code requirements. In addition,the Applicant is
proposing 5-foot wide micro-paths through each large open space lot for added pedestrian
connectivity. The proposed sidewalks meet UDC 11-3A-17 and ACHD standards.
As proposed, the project and existing conditions of the Poorman outparcel not being annexed
into the City would create a sidewalk gap along the east side of Black Cat. This gap would be
approximately 190 feet in length and equates to the Poorman out parcel's frontage along
Black Cat. This sidewalk gap is why the project required ACHD Commission approval instead
of the standard staff-level review and approval. The ACHD Commission approved the road
layout and the overall project without this additional sidewalk connection but instructed the
Applicant try to obtain the additional right-of-way and sidewalk along the outparcel frontage.
Because the Poorman outparcel was allowed to remain unannexed in 2007 from the parcel
that is part of this application despite common ownership,Staff does not find it feasible to
include a condition of approval to require it be annexed into the City at this time or to require
the arterial street buffer and detached sidewalk along the Poorman outparcel frontage.
However, consistent with other approvals in the area,Staff recommends an interim sidewalk is
constructed along the outparcel frontage for pedestrian safety and to eliminate this sidewalk
Page 9
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Item#12.
gap until frontage improvements are required at such time the Poorman outparcel is
redeveloped.
J. Landscaping(UDC 11-3B):
The required landscaping regulated by code within the proposed development are the following
areas: the common open space areas and the required landscape buffer to N. Black Cat Road. The
submitted landscape plans show landscaping in these areas as proposed.
The Applicant is proposing two end-cap common lots on the west side off. Sepino Avenue that
are not wide enough to count as qualified open space but are still required to comply with UDC
11-3B-7, buffers along streets. The submitted landscape plans show compliance with code
requirements for the number of trees and other vegetative ground cover.
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 in the south area of the site is shown as
46,319 square feet on the preliminary plat requiring at least six (6)qualifying trees. The
submitted landscape plans show a number of trees exceeding this UDC requirement. The large
open space lot in the northwest corner of the site adjacent to Black Cat is over one-and-a-half
acres in size and has an unknown number of existing and mature trees. In addition to these
existing trees, the Applicant is proposing at least eight(8)additional qualifying shade trees.
Overall, Staff finds the submitted landscape plans show landscaping in excess of code
requirements.
The landscape buffer along N. Black Cat Road is required to be 25'wide and vegetated in accord
with UDC 11-3B-7. The submitted landscape plans show compliance with UDC requirements for
the number of trees, tree spacing/grouping, and additional vegetative ground cover with two (2)
new trees and the existing conditions of multiple existing and mature trees in the buffer area. The
landscape plans and plat also show this buffer to be within a 30 foot common lot exceeding the
25 foot requirement.
As noted above, the Applicant is proposing a micro pathway from the cul-de-sac to the
detached sidewalk along Black Cat through the existing tree area. Because this area is densely
vegetated and has a relatively large gap between any roads(approximately 400 feet of micro-
path),Staff is concerned with safety while traversing this path.Staff is unaware if these trees
are pruned to accommodate better visibility or the level of visibility between the proposed cul-
de-sac and Black Cat. Therefore,Staff is including a DA provision to install and maintain
lights along this micro path to help with pedestrian safety and meet CPTED policies in this
area.
The Applicant is required to dedicate additional right-of-way for Black Cat total 50 feet from
centerline. This additional dedication is for future widening of Black Cat but in the meantime,
UDC 11-3B-7C.5 requires a gravel shoulder of no more than 10 feet with the remaining area to
be vegetated with lawn or other vegetative ground cover;gravel is not a sufficient ground cover
material.According to the submitted landscape plans, the Applicant is not showing compliance
with this code section. So, Staff is recommending a condition of approval to revise the landscape
plans to meet this requirement prior to Final Plat submittal.
K. Qualified Open Space and Amenities(UDC 11-3G):
The proposed preliminary plat area is approximately 16.6 acres in size in size requiring at least
one(1) amenity and 1.66 acres(approximately 72,300 square feet) of qualified open space per
UDC 11-3G-3. The Applicant is proposing a pergola shade structure with a picnic bench,a tot-
lot, and at least 20,000 square feet of qualified open space to meet the amenity requirements; Staff
finds the proposed amenities exceed code requirements.
Page 10
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Item#12.
According to Staff calculations,the Applicant is proposing approximately 2.84 acres of qualified
open space(approximately 17%)to include half of the Black Cat buffer,and the two large open
space lots within the project. As discussed throughout the report, Staff finds the proposed open
space to be thoughtfully designed and placed for appropriate recreation and use.
Note: the large linear open space lot in the south end of the site contains three(3)separate pond
facilities that are needed to provide pressurized irrigation for the project.According to the
submitted landscape plans, these facilities are shown as small open water ponds with
landscaping and rock around each one creating aesthetic open space amenities. Staff finds these
small ponds add to the overall beautification and recreation of the open space area so long as
they are maintained in accord with UDC standards to include recirculating water and are
maintained such that they do not become mosquito breeding grounds.
L. Fencing(UDC 11-3A-6911-3A-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 including open
vision fencing adjacent to common open space areas.
VI. DECISION
A. Staff:
Staff recommends approval of the requested annexation,rezone,preliminary plat, and DA
Modification application with the requirement of a new Development Agreement per the Findings
in Section IX of this staff report.
B. The Meridian Planning&Zoning Commission heard these items on November 4, 2021. At the
public hearing,the Commission moved to recommend approval of the subject Annexation and
Zoning,Rezone, and Preliminary Plat requests.
1. Summary of Commission public hearing_
a. In favor: Dan Lardie,Applicant Representative; Tony Tseng,Applicant;Mr. &Mrs.
Poorman, sellers of the R-4 parcel.
b. In opposition:None
C. Commenting: Dan Lardie; Paul Poorman; Gayle Poorman; Joel Ta uneighbor;
d. Written testimony: Don Applegarth,neighbor.
e. Staff presenting gpplication: Joseph Dodson,Associate Planner
f. Other Staff commenting on application: Bill Parsons,Planning Supervisor.
2. Key issue(s)of public testimony
a. Location of proposed micro-path in open space lot in northwest corner of the site and a
desire to move it to further from the existing homes;
b. Transition in lot sizes/lot lines between proposed R-4 lots and existing R-4 lots to the
north;
C. Overall desire for applications to be approved as proposed because of Applicant's
willingness to work with sellers.
d. City's.place in creating the Poorman outparcel starting in 2007 and onward by not
requiring the parcel be annexed originally.
3. Key issue(s)of discussion by Commission:
a. Confirmation of use for proposed irrigation ponds in central open space;
b. Configuration of remaining parcels to the south and east—is proposal adequate
transition to the larger 5-acre parcels.
C. Size and configuration of lots on proposed common drive;
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Item#12.
d. Issues of allowingexisting xisting Poorman outparcel to remain and not become part of
plat/annexation area—what are the City's gptions with this parcel;
4. Commission change(s)to Staff recommendation:
a. Move the micro-path in the large open space lot along Black Cat to be further away
from the fence along the north boundary to a more centralized location in the open
space lot;
b. Revise the plat to show the lot lines along the north boundary(Lots 2-7,Block 1)to
align with the existing lot lines to the north in Vicenza Commons Subdivision.
5. Outstandingissue(s)sus) for City Council:
a. None
C. The Meridian City Council heard these items on December 14, 2021. At the public hearing,the
Council moved to approve the subject Annexation and Zoning,Rezone,Preliminary Plat and
Development Agreement Modification requests.
1. Summary of the City Council public hearing
a. In favor: Tony Tseng,Developer: Paul&Gavle Poorman,property owner; David Pera.
property owner;
b. In opposition: None
C. Commenting: Tony Tseng Paul Poorman; Gayle Poorman; David Pera: Erik Harter,
neighbor:Ken Tokowitz,neighbor;Victoria Tague,neighbor:
d. Written testimony:None following Commission hearing.
e. Staff presenting application: Joseph Dodson,Associate Planner
£ Other Staff commenting on application: Lt. Hamer,Police Department
2. Key issue(s)of public testimony:
a. y Desire for project approval and testaments of Developer's,Tony Tseng, good character;
b. History of Poorman outparcel and why keeping as many of the existing trees is so
important to everyone in the neighborhood
c. Understanding and support of sidewalk needs along Black Cat by the Poorman's and
develop
d. Overall desire to keep trees in open space area for some nature preservation•
3. Key issue(s)of discussion by City Council:
a. Plan for utilizing,maintaining, and improving wooded area shown as common open
space in the northwest corner of the site, specifically in terms of lighting and safety
concerns brought up by Police Department-
b. Timeline of sidewalk improvements for adjacent projects, specifically the required
sidewalk along Black Cat;
c. Location of amenities and quality of irrigation ponds during off-season months:
d. Annroyal of the needed Council Waiver for the proposed cul-de-sac over Sffi
(550')in length because of Staffs recommended revisions.
4. City Council change(s)to Commission recommendation:
a. None
Page 12
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Item#12.
VII. EXHIBITS
A. Annexation and Rezone Legal Descriptions and Exhibit Maps
IDAHO 9955 W Emerald St
15GSURVEY Boise, ID 83704
GROUP Phone: (208)846-8570
Fax: (208) 884-5399
Boundary Description for
Pera Place-City of Meridian Annexation
August 5,2021
A parcel of land situated in the southwest quarter of Section 27,Township 4
North,Range 1 West,Boise Meridian,Ada County,Idaho,including Lots 2 and
3,Block 2 of Black Cat Estates Subdivision No.2,(instrument number 870382,
records of Ada County,Idaho);and being more particularly described as follows;
Commencing at the southwest comer of Section 27,Township 4 North,Range I
West,Boise Meridian,which bears S00°31'09"W,2637.37 feet from the west
quarter-section corner of Section 27;
Thence N00°31'09"E, 1318.65 feet along the west line of Section 27 to the south
sixteenth-section corner of Section 27;
Thence S89°17'46"E,660.80 feet along the north line of the southwest quarter of
the southwest quarter of Section 27(City of Meridian annexation instrument
number 2020-138111,records of Ada County,Idaho)and the south line of the
north half of the southwest quarter of Section 27(City of Meridian annexation
instrument number t08057325,records of Ada County,Idaho)to the POINT OF
BEGINNING:
Thence continuing S89°17'46"E,728.47 feet along the south line of the
north half of the southwest quarter of Section 27,and the current boundary
of the City of Meridian(City of Meridian annexation instrument number
108057325,records of Ada County,Idaho),to the corner of Vicenza
Commons Subdivision(instrument number 2018-085335,records of Ada
County,Idaho)on the north boundary of Lot 4,Block 2 of Black Cat
Estates Subdivision No.2(Record of Survey instrument number
112020950,records of Ada County,Idaho);
Thence N89°25'46"W,67.40 feet along the north boundary of Lot 4 to the
northeast corner of Lot 3,Block 2 of Black Cat Estates Subdivision No.2;
Thence S00°32'04"W,659.59 feet along the boundary of Lots 3&4 and
the southerly extension thereof to the center line of W.Daphne St.;
Thence N89°16'00"W,660.89 feet along the center line of W.Daphne St.
to the southerly extension of the boundary of Lots 1 &2,Block 2 of.Black
Cat Estates Subdivision No.2,and the current boundary of the City o
o
Page 1 of 2 � '0
Page 13
Page 150
Item#12.
IDAHO 9955 W Erneraid St
SURVEY Boise, ID 83704
15G
GROUP Phone: (208) 846-8570
Fax: (208) 884-5399
Meridian(City of Meridian anncxation instrument number 2020-13811,
records of Ada County,Idaho);
Thence N00°31'08"E,659.41 feet along the boundary of Lots 1 &2,the
southerly extension thereof,and the current boundary of the City of
Meridian to the POINT OF BEGINNING.
The above-described parcel contains 10.01 acres,more or less.
Page 2 of 2 OF
Page 14
Page 151
Item#12.
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SURVEY BOISE,DMERALoST. PERA PLACE - CITY OF MERIDIAN ANNEXATION
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Page 15
Page 152
Item#12.
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Pera Place - Meridian Annexation Closure Worksheet 8/5/2021
Scale: 1 inch= 100 feet File:
Tract 1:10.0085 Acres,Closure:n00.0000e 0.00 N.(11972464),Perimeter=2776 ft.
01 s89.1746e 728.47
02 n89.2546w 67.4
03 s00.3204w 659.59
04 n89.1600w 660.89
05 n00.3108e 659.41
Page 16
Page 153
Item#12.
IDAHO 9955 W Emerald St
SURVEY Boise, ID 83704
ISG GROUP Phone: (208)846-8570
Fax: (208) 884-5399
Boundary Description for
Pera Place-City of Meridian Rezone R4 to R8
Project No.21-252 December 6,2021
A parcel of land situated in the north half of the southwest quarter of Section 27,
Township 4 North,Range I West,Boise Meridian,City of Meridian,Ada County,
Idaho,and being more particularly described as follows:
Commencing at the southwest corner of Section 27,Township 4 North,Range I
West,Boise Meridian,which bears S00°31'09"W,2637.37 feet from the west
quarter-section corner of Section 27;
Thence N00°31'09"E, 1505.03 feet along the west line of Section 27 to the
southwest corner of Parcel B (Record of Survey 7768,records of Ada County,
Idaho),the POINT OF BEGINNING:
Thence continuing N00°31'09"E,255.13 feet along the west line of
Section 27 and Parcel B to the corner with Vicenza Subdivision No.2
(Book 110 of Plats at Pages 15670 thru 15673,records of Ada County,
Idaho);
Thence S89°38'12"E,291.82 feet along the boundary of Parcel B,Vicenza
Subdivision No.2,and Vicenza Subdivision No.4(Book 117 of Plats at
Pages 17790 thru 17793,records of Ada County,Idaho);
Thence S 19°35'11"E, 111.85 feet along the boundary of Parcel B and
Vicenza Subdivision No.4 to the corner with Vicenza Commons
Subdivision No. 2(Book 117 of Plats at Pages 17794 thru 17797,records
of Ada County,Idaho);
Thence S34°24'46"E,79.39 feet along the boundary of Parcel B and
Vicenza Commons Subdivision No.2;
Thence S50°46'23"E,89.27 feet along the boundary of Parcel B and
Vicenza Commons Subdivision No.2;
Thence S88°11'48"E,896.60 feet along the boundary of Parcel B and
Vicenza Commons Subdivision No.2 to the corner with Vicenza
."
Commons Subdivision(Book 114 of Plats at Pages 17014 thru 17016
records of Ada County,Idaho); ')�A
Page 1 of 2
• t� OF
Page 17
Page 154
Item#12.
IDAHO 9955 W Emerald St
SURVEY Boise, ID 83704
GROUP Phone: (208)846-8570
Fax: (208)884-5399
Thence S 12°47'30"E,206.28 feet along the boundary of Parcel B and
Vicenza Commons Subdivision to the south line of the north half of the
southwest quarter of Section 27;
Thence N89°17'46"W,728.47 feet along the south line of the north half of
the southwest quarter and the boundary of Parcel B to the corner with the
5120 N.Black Cat Rd.Parcel(Record of Survey 12801,records of Ada
County,Idaho);
Thence N89°17'41"W,319.20 feet along the boundary of Parcel B and the
5120 N.Black Cat Rd.Parcel to the corner with Parcel A(Record of
Survey 7768,records of Ada County,Idaho);
Thence N00°26'34"E, 155.40 feet along the boundary of Parcel B and
Parcel A;
Thence N44°20'33"W,42.57 feet along the boundary of Parcel B and
Parcel A;
Thence N89°07'48"W,311.37 feet along the boundary of Parcel B and
Parcel A to the POINT OF BEGINNING.
The above-described parcel contains 6.99 acres,more or less.
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B. Revised Preliminary Plat(dated: 9/17/202I)
Item#12.
PERA PLACE SUBDIVISION
PRELIMINARY PLAT
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MERIDIAN,ADA COUNTY,IDAHO
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Page 21
Page 158
Item#12.
C. Landscape Plans (date: 10/7/2021)
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D. Revised Open Space Exhibit
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E. Conceptual Building Elevations
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VIII. CITY/AGENCY COMMENTS & CONDITIONS
A. PLANNING DIVISION
1. A Development Agreement(DA) is required as a provision of annexation and rezone of this
property. Prior to approval of the annexation and rezone ordinances,a new DA shall be
entered into between the City of Meridian,the property owner(s)at the time of annexation
and rezone ordinance adoption, and the developer. Pr-ioF to the City Couneil heaFing being
annexed pr-opeFty under a new .A fee of$502.00 shall be paid at the time of
application submittal.
The DA shall be signed by the property owner(s) and returned to the Planning Division
within six(6)months of the City Council granting the annexation and rezone. The DA shall,
at minimum, incorporate the following provisions:
a. Future development of this site shall be consistent with the approved plat,
landscape plan, and conceptual building elevations included in Section VII and
the provisions contained herein.
b. The Applicant shall install and maintain lights along the micro-path proposed within the
large open space lot in the northwest corner of the site(Lot 8,Block 1)to help with
pedestrian safety and use of this open space area.
c. With final plat submittal,the Applicant shall provide a copy of the executed agreement
with the Poorman outparcel(Parcel#SO427325830) outlining the use,maintenance, and
termination of the septic drain field that is part of the large open space lot in the
northwest corner of the project, shown as Lot 8,Block 1.
d. The Applicant shall construct an interim 5-foot wide sidewalk along the Poorman
outparcel(Parcel#SO427325830)to eliminate the sidewalk gap on the east side of N.
Black Cat Road and provide safe pedestrian access along this corridor. Coordinate with
the transportation authority on approved construction methods for this interim sidewalk.
zoning2. Pr-ier-to the City Cotmoil hearing,the Applieafft shall pr-evide a r-evised Rezone legal
deser-iption and exhibit map for-the existing R 4 par-eel noting the rezone request to the R-9
district-.
3. The revised preliminary plat included in Section VII.B, dated September 17,2021, shall be
revised as follows prior to submitting for Final Plat approval:
a. Add a plat note stating that direct lot access to N. Black Cat Road is prohibited.
b. Reese-theme^omelet(Lot 10,Bleek 1) for-the Peofman outpar-eel septie
drain field and show it as paA of the larger-eon*nen lot(Lot 8,Bleek 1).
4. The landscape plan included in Section VII.C, dated October 7,2021, shall be revised as
follows prior to submitting for Final Plat approval:
a. Any landscaping within the ACHD right-of-way shall be landscaped in accord with
UDC 11-3B-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.
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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. 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 11-3B-14.
10. 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 11-613-7.
B. PUBLIC WORKS
Site Specific Conditions of Approval
1. The blow off at the west boundary of the subdivision must be removed.
2. The new blow off at the east boundary of the subdivision should be called out using Standard
Drawing W 13.
3. City requires developers to provide sewer to and through this project to adjacent properties. In
accordance with the to-and-through policy, sewer must be extended to 4448,4500, and 4520 W.
Daphne Street.
4. Ensure no sewer service lines pass through infiltration trenches.
5. Ensure that angles of pipe into and out of manholes is a minimum of 90 degrees in the direction
of flow.
General Conditions of Approval
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. 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.
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 I I"map with bearings and distances(marked EXHIBIT B) for
review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO
NOT RECORD. Add a note to the plat referencing this document. All easements must be
submitted,reviewed, and approved prior to development plan approval.
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Item#12.
4. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water(MCC 9-1-28.C). 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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
14. Applicant shall be responsible for application and compliance with any Section 404 Permitting
that may be required by the Army Corps of Engineers.
15. Developer shall coordinate mailbox locations with the Meridian Post Office.
16. 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.
17. 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.
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18. 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.
19. 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.
20. 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.meridiancily.orm/public works.aspx?id=272.
21. 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.
22. 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
hgps://weblink.meridiancity.org/WebLink/Doc View.asp x?id=236733&dbid=0&redo=MeridianC
D. POLICE DEPARTMENT
hgps://weblink.meridianci.v.org/WebLink/Doc View.asp x?id=237247&dbid=0&repo=MeridianC
E. COMMUNITY PLANNING ASSOCIATION OF SOUTHWEST IDAHO(COMPASS)
hgps://weblink.meridiancity.org/WebLink/Doc View.asp x?id=237895&dbid=0&redo=MeridianC
hty
F. WEST ADA SCHOOL DISTRICT(WASD)
hgps://weblink.meridiancity.org/WebLink/DocView.ay x?id=238205&dbid=0&redo=MeridianC
Lty
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Item#12.
G. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ)
https://weblink.meridianciN.org/WebLink/Doc View.aspx?id=23 7323&dbid=0&repo=MeridianC
Lty
H. COMMUNITY DEVELOPMENT SCHOOL IMPACT TABLE
https://weblink.meridiancity.org/WebLink/Doc View.aspx?id=239277&dbid=0&repo=Meridian C
hty
I. ADA COUNTY HIGHWAY DISTRICT(ACHD)
https://weblink.meridiancity.org/WebLink/Doc View.aspx?id=240450&dbid=0&repo=Meridian C
hty
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IX. FINDINGS
A. Annexation and 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 and Rezone a portion of the project from R-4 to 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.
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
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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,
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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