Ambercreek Subdivision AZ 05-055 (2)
PARTIES:
ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 45
BOISE IDAHO 03130/06 02:02 PM
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Meridian City 106048481
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DEVELOPMENT AGREEMENT
1.
2.
City of Meridian
Dyver Development, LLC, Owner/Developer
THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and
entered into this~ day of 11t4/tc..A.; ,2006, by and between City of Meridian, a
municipal corporation of the State of Idaho, hereafter called "CITY', and Dyver
Development, LLC., whose address is 36 East Pine Avenue, Meridian, Idaho 83642
hereinafter called "OWNER/DEVELOPER".
1.
RECITALS:
1.5
1.1
WHEREAS, "OWNER/DEVELOPER" 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 for each owner, 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, I.C. § 67-6511A, Idaho Code, provides that cities may,
by ordinance, require or permit as a condition of re-zoning that the
"Owner/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 Ordinance 11-15 -12 and 11-16-4 A, which authorizes
development agreements upon the annexation and/or re-zoning of
land; and
1.4
WHEREAS, "Owner/Developer" has submitted an application for
annexation and zoning of the "Property's" described in Exhibit A,
and has requested a designation of (R-8) Medium Density
Residential, {Municipal Code of the City of Meridian); and
WHEREAS, "Owner/Developer" made representations at the public
hearings both before the Meridian Planning & Zoning Commission
and before the Meridian City Council, as to how the subject
"Property" will be developed and what improvements will be made;
and
DEVELOPMENT AGREEMENT (AZ 05-055) AMBERCREEK SUBDIVISION
PAGE 1 OF 10
1.6
1.7
1.8
1.9
1.10
WHEREAS, record of the proceedings for the requested annexation
and zoning designation of the subject "Property" held before the
Planning & Zoning Commission, and subsequently before the City
Council, include responses of government subdivisions providing
services within the City of Meridian planning jurisdiction, and
received further testimony and comment; and
WHEREAS, City Council, the 28th day of February, 2006, has
approved certain Findings of Fact and Conclusions of Law and
Decision and Order, set forth in Exhibit B, which are attached hereto
and by this reference incorporated herein as if set forth in full,
hereinafter referred to as (the "Findings"); and
WHEREAS, the Findings require the "Owner/Developer" to enter
into a development agreement before the City Council takes final
action on annexation and zoning designation; and
"OWNER/DEVELOPER" deems 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 requests;
and
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 development
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 re-
zoning designation is in accordance with the amended
Comprehensive Plan of the City of Meridian adopted August 6,2002,
Resolution No. 02-382, and the Zoning and Development Ordinances
codified in Meridian City Code Title 11 and Title 12.
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.
DEVELOPMENT AGREEMENT (AZ 05-055) AMBERCREEK SUBDIVISION
PAGE 2 OF 10
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
3.2
3.3
"CITY": means and refers to the City of Meridian, a party to this
Agreement, which is a municipal Corporation and government
subdivision of the state ofIdaho, organized and existing by virtue of
law of the State of Idaho, whose address is 33 East Idaho Avenue,
Meridian, Idaho 83642.
"OWNER/DEVELOPER": means and refers to Dyver
Development, LLC., whose address is 36 E. Pine Avenue, Meridian,
ID 83642 the party developing said "Property" and shall include any
subsequent owners and/or developer(s) of the "Property".
"PROPERTY": means and refers to that certain parcel(s) of
"Property" located in the County of Ada, City of Meridian as
described in Exhibit A describing the parcels to be annexed and
zoned R-8 (Medium Density Residential) attached hereto and by this
reference incorporated herein as if set forth at length.
4.
USES PERMITTED BY THIS AGREEMENT:
4.1
4.2
The uses allowed pursuant to this Agreement are only those uses
allowed under "City's" Zoning Ordinance codified at Meridian City
Code Section 11-7-2 CD) which are herein specified as follows:
Construction and development of a Certificate of Zoning
Compliance shall be submitted to the City of Meridian prior to a
future development in the R-8 zone, and the pertinent provisions of
the City of Meridian Comprehensive Plan are applicable to this AZ
05-055 application.
No change in the uses specified in this Agreement shall be allowed
without modification of this Agreement.
5. DEVELOPMENT IN CONDITIONAL USE: "Owner/Developer" has
submitted to "City" an application for conditional use permit site plan dated October 24,
2005, and shall be required to obtain the "City'" approval thereof, in accordance to the City's
DEVELOPMENT AGREEMENT (AZ 05-055) AMBERCREEK SUBDIVISION
PAGE 3 OF 10
Zoning and Development Ordinance criteria, therein, provided, prior to, and as a condition
of, the commencement of construction of any buildings or improvements on the "Property"
that require a conditional use permit. No new buildings are approved for construction under
this conceptual CUP IPD application. All future buildings shall require approval of a detailed
CUP prior to submittal of any Certificate of Zoning Compliance application and/or building
permit
6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT
PROPERTY:
6.1.
"Owner/Developer" shall develop the "Property" in accordance with the
following special conditions:
6.1.1
That all future uses shall not involve uses, activities, processes,
materials, equipment and conditions of operation that will be
detrimental to any persons, property or the general welfare by reason
of excessive production of traffic, noise, smoke, fumes, glare or
odors.
6.1.2 That all future development of the subject property shall be
constructed in accordance with City of Meridian ordinances in effect
at the time of the development.
6.1.3 That the applicant be responsible for all costs associated with the
sewer and water service extension.
6.1.4 That any existing domestic wells and/or septic systems within this
project will have to be removed from their domestic service, per City
Ordinance Section 5-7 -517, when services are available from the City
of Meridian. Wells may be used for non-domestic purposes such as
landscape irrigation.
6.1.5 That prior to issuance of any building permit, the subject property be
subdivided in accordance with the City of Meridian Unified
Development Code.
6.1.6 That five-foot wide sidewalks and street buffers, constructed in
accordance with City Code, be installed along McMillan road and
Meridian Road prior to occupancy of any new dwelling units.
DEVELOPMENT AGREEMENT (AZ 05-055) AMBERCREEK SUBDIVISION
PAGE 4 OF 10
6.1.7 That on public street access will be allowed to McMillan road and
one public street access will be allowed to Meridian Road; direct lot
access to McMillan Road and Meridian Road shall be prohibited.
7. COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and
the commitments contained herein shall be terminated, and the zoning designation reversed,
upon a default of the "Owner/Developer" or "Owners/Developers" heirs, successors, assigns,
to comply with Section 6 entitled "Conditions Governing Development of Subject Property"
of this agreement within two years of the date this Agreement is effective, and after the
"City" has complied with the notice and hearing procedures as outlined in Idaho Code § 67-
6509, or any subsequent amendments or recodifications thereof.
8. CONSENT TO DE-ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
"Owner/Developer" consents upon default to the reversal of the zoning
designation of the "Property" subject to and conditioned upon the following conditions
precedent to-wit:
8.1
That the "City" provide written notice of any failure to comply with
this Agreement to "Owner/Developer" and if the "Owner/Developer"
fails to cure such failure within six (6) months of such notice.
9. 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 Development Agreement and all
other ordinances ofthe "City" that apply to said Development.
10.
DEFAULT:
10.1
In the event "Owner/Developer", "Owner/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 cOlmection with the "Property", this Agreement may be
modified or terminated by the "City" upon compliance with the
requirements ofthe Zoning Ordinance.
DEVELOPMENT AGREEMENT (AZ 05-055) AMBERCREEK SUBDIVISION
PAGE 5 OF 10
10.2
A waiver by "City" of any default by "Owner/Developer" of anyone
or more of the covenants or conditions hereof shall apply solely to the
breach and breaches waived and shall not bar any other rights or
remedies of "City" or apply to any subsequent breach of any such or
other covenants and conditions.
11. REQUIREMENT FOR RECORDATION: "City" shall record either a
memorandum of this Agreement or this Agreement, including all of the Exhibits, at
"Owner/Developer's" cost, 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.
12. ZONING: "City" shall, following recordation of the duly approved
Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein.
13. REMEDIES: This Agreement shall be enforceable in any court of competent
jurisdiction by either "City" or "Owner/Developer", or by any successor or successors in title
or by the assigns ofthe parties hereto. Enforcement may be sought by an appropriate action
at law or in equity to secure the specific performance of the covenants, agreements,
conditions, and obligations contained herein.
13.1
13.2
In the event of a material breach of this Agreement, the parties agree
that "City" and "Owner/Developer" shall have thirty (30) days after
delivery of notice of said breach to correct the same prior to the non-
breaching party's seeking of any remedy provided for herein;
provided, however, that in the case of any such default which cannot
with diligence be cured within such thirty (30) day period, if the
defaulting party shall commence to cure the same within such thirty
(30) day period and thereafter shall prosecute the curing of same with
diligence and continuity, 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.
In the event the performance of any covenant to be performed
hereunder by either "Owner/Developer" or "City" is delayed for
causes which are beyond the reasonable control of the party
responsible for such performance, which shall include, without
DEVELOPMENT AGREEMENT (AZ 05-055) AMBERCREEK SUBDIVISION
PAGE 6 OF 10
limitation, acts of civil disobedience, strikes or similar causes, the
time for such performance shall be extended by the amount oftime of
such delay.
14. SURETY OF PERFORMANCE: The "City" may also require surety
bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as
allowed under Meridian City Code § 12-5-3, to insure that installation of the improvements,
which the "Owner/Developer" agrees to provide, if required by the "City".
15. CER TIFI CA TE OF OCCUPANCY: The "Owner/Developer" agrees that
no Certificates of Occupancy will be issued until all improvements are completed, unless the
"City" and "Owner/Developer" has entered into an addendum agreement stating when the
improvements will be completed in a phased developed; and in any event, no Certificates of
Occupancy shall be issued in any phase in which the improvements have not been installed,
completed, and accepted by the "City".
16. ABIDE BY ALL CITY ORDINANCES: That "Owner/Developer" agrees
to abide by all ordinances of the City of Meridian and the "Property" shall be subject to de-
annexation if the owner or his assigns, heirs, or successors shall not meet the conditions
contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and
the Ordinances of the City of Meridian.
17. 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:
OWNER/DEVELOPER:
c/o City Engineer
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83642
Dyver Development, LLC.
36 E, Pine Avenue
Meridian, ID 83642
with copy to:
City Clerk
City of Meridian
33 E. Idaho Avenue
Meridian, ID 83642
DEVELOPMENT AGREEMENT (AZ 05-055) AMBERCREEK SUBDIVISION
PAGE 7 OF 10
17.1
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.
18. 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.
19. 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.
20. 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" of the "Property", 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" has fully performed its obligations under this
Agreement.
21. 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.
22. 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
"OwnerlDeveloper" and "City", other than as are stated herein. Except as herein otherwise
DEVELOPMENT AGREEMENT (AZ 05-055) AMBERCREEK SUBDIVISION
PAGE 8 OF 10
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".
22.1
No condition governing the uses and/or conditions governing re-zoning ofthe
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.
23. 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.
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement
and made it effective as hereinabove provided.
CITY OF MERIDIAN
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PAGE 9 OF 10
STATE OF IDAHO, )
: ss:
County of Ada,
)
On this11'\.. day of N'vkr-t..-h , 2006, before me, the undersigned, a
Notary Public in and for said State, personally appeared C§:r, ,
known or identified to me to be the'- of Dyver
Development, LLC., and to me that he executed the sam 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.
(SEAL)
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STATE OF IDAHO)
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County of Ada )
On this ~ day of _VV\. OJ\ r ~ , 2006, before me, a Notary
Public, personally appeared Tammy de Weerd and William G. Berg, Jr., know 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.
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DEVELOPMENT AGREEMENT (AZ 05-055) AMBERCREEK SUBDIVISION
PAGE 10 OF 10
Ex:h\b\-\- \A'
A PM:e1 located In the NE ~ of the NE 'A of Seelion 36, Tow!,ShIp 4 North, Range 1 West.
BoIs8 Meridian, Ada County, Idaho. and more particularly described as follows:
CommetlC:ín" al a brass cap monument markiO( lhe ~east COf'ner of said Seel/on 36,
'rom which a 518 Inch diameter ltOn pin markIng the northwest comer DI said NE 'It or Ihe
HE ~ beaJS N 89'5('16" W a distsl1C8 of 1340.89 feet:
Legal Descrtptior¡
James Property
Thence N 89'54'16" W along the northerly boUndary of said NE 'It of the NE 'It a distance
of 290.00 feel to a 518 Inch diameter Iron pin and the POINT OF BEGINNING;
Thence leaving said northerly boundary S 0 ~2'52" W a dialancð 01 834.83 leel 10 a 5/8
Inch diameter Iron pIn;
Thence S 89"54'1,6" E a distance 01 290.00 leet 10 a 518 Inch dlamelOf' iron pin on the
easterly boUndary 01 said NE ';' of the NE 'A;
TMnce along said easterly boundary S 0 '02'52" W a distanœ of 495,36 fee1 to a 5/8 inch
diameter iron pin marking the IIOIIIheast corner 01 said NE 'A 01 the HE 'I.:
"fhE!nce N 89 "45'16" Walong the SOutherly boundary or said NE 'A 01 the NE 'A a distance
of 1340.60 leello a 518 Inch diameter Iron pin marking the southwest pamer 01 said NE 'It
of the NE 'A;
Thence N 0 'UZ'OO' E along the westerly boundary of said NE 'A of the NE 'A a åÎ8lanc;e or
1326.'10 fee-I 10 a 518 inch diameler iron pin markIng the northwest comer 01 laid NE v. or
the NE 'v.;
Thence S 89'54'16" E along lhe northerly boundary or said NE 'A of the NE 'h a distance
of 1050.89 leel 10 the POINT OF BEGINNING.
This parcel contains 35.33 8Ct8S and Is subjeCt 10 any
easements existing or in use.
Clinton W. Hansen, PLS
Land Solutions, PC
AevtHd . September 29, 2005
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CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF
LA WAND
DECISION & ORDER
In the Matter of Annexation and Zoning of 35.33 acres from RUT (Ada County) to R-8
(Medium-Density Residential) AND Preliminary Plat approval of 175 single-family
residential building lots and 16 common lots on 35.33, by Dyver Development, LLC.
Case No(s).: AZ-05-055 and PP-05-057
For the City Council Hearing Date of: February 14, 2006
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of February 14, 2006
incorporated by reference)
2. Process Facts (see attached Staff Report for the hearing date of February 14, 2006
incorporated by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of
February 14,2006 incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the
hearing date of February 14, 2006 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 (LC. §67-6503).
2. The Meridian City Council takes judicial notice of its Unified Development Code
codified at Title 11 Meridian City Code, and all current zoning maps thereof The City of
Meridian has, by ordinance, established the Impact Area and the Amended
Comprehensive Plan of the City of Meridian, which was adopted August 6,2002,
Resolution No. 02-382 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code §
11-5A.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-O5-055 I PP-05-057 . PAGE 1 of 4
.L
- 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 Planning Department, the Public Works Department and any affected
party requesting notice.
7. That this approval is subject to the Legal Description, Preliminary Plat, and the
Conditions of Approval all in the attached Staff Report for the hearing date of February
14, 2006 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 Preliminary Plat as evidenced by having submitted the Preliminary Plat
dated October 10, 2005 is hereby conditionally approved;
2. The following modifications to site specific conditions were made at the City Council
hearing:
a. The Council added a Development Agreement provision that reflected the
applicant's willimmess to voluntarily construct a pedestrian pathway along
McMillan Road. from Ambercreek Wav to the McMillan Road/Meridian
Road intersection (see Section 10.1 of the Staff RetJort for the Hearing Date of
February 14. 2006)
3. The site specific and standard conditions of approval are as shown in the attached Staff
Report for the hearing date of February 14,2006 incorporated by reference.
D. Notice of Applicable Time Limits (as applicable)
1. 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 record a final plat
within two (2) years of the approval ofthe preliminary plat or one (1) year of the
combined preliminary and final plat or short plat. 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
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-05.055 I PP-O5-057 - PAGE 2 of 4
,.~
submitted within successive intervals of eighteen (18) months, may be considered for
final approval without resubmission for preliminary plat approval. 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 record the final plat not to
exceed eighteen (18) months. Additional time extensions up to eighteen (18) months 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.
Notice of Final Action and Right to Regulatory Takings Analysis
E.
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat
or conditional use permit entitles the Owner to request a regulatory taking analysis.
Such request must be in writing, and must be filed with the City Clerk not more than
twenty-eight (28) days after the final decision concerning the matter at issue. A request
for a regulatory takings analysis will toll the time period within which a Petition for
Judicial Review may be filed.
2. Please take notice that this is a final action of the governing body of the City of
Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has
an interest in real property which may be adversely affected by the issuance or denial of
the conditional use permit approval 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 February 14, 2006
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-O5.055 / PP-O5-057 . PAGE 3 of 4
By action of the City Council at its regular meeting held on the
/i!¿rn<~~ ' 2006.
COUNCIL MEMBER SHAUN WARDLE
COUNCIL MEMBER JOE BORTON
COUNCIL MEMBER CHARLIE ROUNTREE
COUNCIL MEMBER KEITH BIRD
TIE BREAKER
MAYOR TAMMY de WEERD
26~ day of
VOTED ~
VOTEDF
VOTED ~
VOTED ~
VOTED
-
ATTEST:
Copy served upon:
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CITY OF MERlDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-O5-055 / PP-O5-057 - PAGE 4 of 4
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 14,2006
STAFF REPORT
TO:
FROM:
Hearing Date: 2/14/2006
Mayor and City Council
C. Caleb Hood, Current Planning Manager
Meridian Planning Department
208-884-5533
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SUBJECT:
Ambercreek Subdivision
AZ-05-055
Annexation and Zoning 005.33 acres from RUT (Ada County) to
R-8 (Medium-Density Residential).
PP-05-057
Preliminary Plat approval of 175 single-family residential building lots and 16
common lots on 35.33 acres in a proposed R~8 zone.
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Dyver Development, LLC, has applied for Annexation and Zoning (AZ) to R-8
(Medium-Density Residential) for 35.33 acres of property currently zoned RUT in Ada County.
The site is located on the west side of Meridian Road and on the south side of McMillan Road.
Tills site is currently vacant and being used for agricultural purposes. The site has not been
previously platted. The subject property is within the Urban Service Planning Area.
2. SUMMARY RECOMMENDATION
The Meridian Planning and Zoning Commission heard the item on December 15, 2005 and
January 5, 2006. At the January 5, 2006 public hearing they moved to recommend approval.
a. Summary of Public Hearing:
i. ill favor: Kevin Amar (applicant's representative)
ii. ill opposition: None.
iii. Commenting: None.
iv. Staff presenting application: C. Caleb Hood
v. Other staff commenting on application: None.
b. Key Issues of Discussion by Commission:
i. Constructing sidewalk along McMillan Road and Linder Road with the first
phase of the development.
c. Key Commission Changes to Staff Recommendation:
i. None.
d. Outstanding Issue(s) for City Council:
i. A new middle school will be built at the northeast comer of Meridian Road and
McMillan Road in 2007. The Meridian Transportation Task Force has concerns
about the lack of sidewalk connectivity between tills subdivision and the new
middle school. The Task Force requests that the City Council discuss with the
applicant the possibility of constructing an off-site sidewalk from Meridian Road
to their east property line. As proposed by the Planning & Zoning Commission
the subject applicant is required to construct sidewalk along their frontage, prior
to issuance of the first building pennit.
The subject applications (AZ and PP) were submitted to the Planning Department for
concurrent review. Below, staff has provided a detailed analysis and recommended conditions of
approval for the requested Annexation and Zoning and Preliminary Plat applications. The
Ambercreek Subdivision AZ-O5-0S5/PP-OS.O57
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 14,2006
Planning & Zoning Commission is recommendinl! apProval of the Proposed Ambercreek
Subdivision (AZ-05-055 and PP-05R057). At the February 14. 2006 City Council meeting, the
Council voted 3-1 to approve the subject applications with the conditions listed in Exhibit B and
the provisions for a Development AIITeement as listed in the Staff Report. NOTE: Staff has
modified the DA provisions to include the langual!e regarding the applicant's willin!!11ess to
construct a pedestrian pathwav along McMillan Road to the Meridian Road intersection (see
Section 1O.10fthe Staff Report),
3. PROPOSED MOTION (to be considered after the public hearing)
Approve
After considering all staff, applicant and public testimony, I move to approve File Numbers AZ-
05.055 and PP-05-057 as presented in Staff Report for the hearing date of February 14, 2006 with
the following modifications: (Add any proposed modifications.)
Deny
After considering all staff, applicant and public testimony, I move to deny File Numbers AZ-
05-055 and PP-05-057 as presented in the Staff Report for the hearing date of February 14,
2006 for the following reasons: (You should state specific reasons for denial of the annexation
and you must state specific reason(s) for the denial of the plat.)
Continuance
After considering all staff, applicant and public testimony, I move to continue File Numbers
AZ-05-055 and PP-05-057 to the hearing date of (insert continued hearing date here) for the
following reason(s): (You should state specific reason(s) for continuance.)
4. APPLICATION AND PROPERTY FACTS
a. Site Address/Location:
N. Meridian Road, near the southwest comer of Meridian Road
and McMillan Road / 4Nl W36
b. Owner:
Dyver Development, LLC
36 E. Pine Avenue
Meridian, Idaho 83642
c. Applicant:
Dyver Development, LLC
36 E. Pine Avenue
Meridian, Idaho 83642
d. Representative: Shawn Nickel, SLN Planning, Inc.
e. Present Zoning: RUT (Ada County)
f. Present Comprehensive Plan Designation: Low Density Residential
g. Description of Applicant's Request: The applicant is requesting concurrent approval for
Annexation and Zoning of the subject 35.33 acres to R-8 and Preliminary Plat approval of 175
single-family buildable lots and 16 common lots. The applicant is proposing a mix of alley-
loaded lots (90 lots) and standard, streetRloaded single-family lots (85 lots). All ofthe
Ambercreek Subdivision AZ-05-055/PP-O5-057
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 14,2006
proposed lots confonn to the dimensional standards of the R-8 zoi1e. The average lot size in
the proposed development is 5,000 square feet. Tþ.e gross density of the project is 4.95
dwelling units per acre. The applicant is requesting a step-up in density, to medium, for this
project (see Comprehensive Plan Policies and Goals below.) Nearly twelve percent
(approximately four acres) of the site is being set aside for open space; six percent
(approximately two acres) ofthe site is being set aside for useable open space. ill addition to
the open space, a tot lot, picnic area, pathways and detached sidewalks are proposed as
amenities in the subject development.
1. Date of preliminary plat (attached as Exhibit AI):
2. Date oflandscape plan (attached as Exhibit A2):
10/1 0/05
10/13/05
h. Applicant's Statement/Justification: The enclosed applications have been submitted in
accordance with the requirements of the Meridian Zoning Ordinance. As a result, this
application does not include a request for variance or deviation from the Ordinance. The
development has also been designed to be in compliance with the intent of the Meridian
Comprehensive Plan. ill conclusion, Ambercreek Subdivision will be a quality and compatible
addition to this area of Meridian. The development is adjacent to similar residential
developments, and provides consideration to future properties with proposed stub streets. The
requested zoning to R-8 is incompliance with the City's Comprehensive Plan and will benefit
the public interest by providing a mix of desirable housing needs to this area 0 the City while
allowing for the continued improvement and expansion of city services and an increase in the
City's tax base. A variety of housing styles and sizes has been achieved, along with usable
open space and amenities, while maintaining an appropriately compatible density (please see
Applicant's Submittal Letter.)
5. PROCESS FACTS
a. The subject application will in fact constitute an annexation as detennined by City Ordinance.
By reason of the provisions of the Meridian City Code Title 11 Chapter 5, a public hearing is
required before the City Council on this matter.
b. The subject application will in fact constitute a preliminary plat as detennined by City
Ordinance. By reason ofthe provisions of the Meridian City Code Title 11 Chapter 6, a public
hearing is required before the City Council on this matter.
c. Newspaper notifications published on: November 28 and December 12, 2005 (for P & Z
Commission hearing) and January 23 and February 6, 2006 (for City Council hearing.)
d. Radius notices mailed to properties within 300 feet on: November 18, 2005 (for P & Z
Commission hearing) and January 20, 2006 (for City Council hearing.)
e. Applicant posted notice on site by: December 5, 2005 (for P & Z Commission hearing)
and February 3, 2006 (for City Council hearing.)
6. LAND USE
a. Existing Land Use(s):
agricultural purposes.
b. Description of Character of SulTounding Area: The parcels directly to the south and
northeast have not been annexed. The property to the east, across Meridian Road, has not been
annexed or platted. To the north, across McMillan Road, are the previously approve multi-
family and commercial uses within the Paramount development. The City-approved Cedar
The subject property is culTently vacant and is being used for
Ambercreek Subdivision AZ-O5-055/PP-O5-057
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 14,2006
Springs North Subdivision is directly west of the subject site. This area is rapidly transitioning
from rural to urban.
c. Adjacent Land Use and Zoning:
1. North:
Future multi-family and conunercial uses approved with Paramount
Subdivision, zoned R-40 and C-G
Rural residential, zoned RUT (Ada County)
Rural residential, zoned RUT (Ada County)
Future phase of the Cedar Springs Development, zoned R-8
2. East:
3. South:
4. West:
d. History of Previous Actions: N/A
e. Existing Constraints and Opportunities:
1. Public Works:
Location of sewer: Sewer is in W. Red Rock Drive from Cedar Springs.
Location of water: Water is readily available in W. Red Rock Drive from
Cedar Springs and in N. Meridian Road.
Issues or concerns: Staff has concerns about the 5-acre parcel (Parcel No.
SO43611O015) all sewering to the stub to the north.
2. Vegetation:
for.
3. Floodplain: N/A
There are no existing trees on this property that need to be mitigated
4. CanalslDitches Irrigation: The Lemp Canal runs along the northern boundary ofthis
site. It would take a 72-inch pipe to contain the Lemp Canal. Consistent with previous
Council action in this area, staff recommends that the Council not require the applicant
to tile the Lemp Canal. All inigation ditches, laterals and canals, except for the Lemp
Canal, should be tiled when this property develops.
5. Hazards: Staff is not aware of any hazards associated with this property.
6. Proposed Zoning: R-8 (Medium-Density Residential)
7. Size of Property: 35.33 acres
f. Subdivision Plat Infonnation:
1. Residential Lots: 175
2. Non-residential Lots: N/ A
3. Total Building Lots: 175
4. Conunon Lots: 16
5. Other Lots: N/A
6. Total Lots: 191
7. Gross Density:
4.95 units per acre (net 8.7 d.u./acre)
g. Landscaping
1. Width of street buffer(s): A 25~foot wide street buffer is required along both
Meridian Road and McMillan Road, arterial streets (UDC 11-2A-5). The applicant is
Ambercreek Subdivision AZ-O5-055/PP-O5-057
PAGE 4
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 14,2006
proposing a 25-foot wide landscape buffer along Meridian Road and a 60-foot wide
landscape buffer along McMillan Road. The entire landscape buffer along McMillan
Road is encumbered by an Idaho Power Company Easement. If Idaho Power does not
allow trees within their easement (as prOPosed by the applicant). the applicant should
be required to widen the landscape buffer an additional 5 feet so that trees can be
constructed alon!! McMillan Road (see UDC 11-3B-5J and UDC 11-3B-7). Staff is
generally supportive of the street buffer widths proposed. Street buffers are not
required on any of the internal, local streets. However, the applicant is proposing to
construct 8~foot wide planter strips between the back of the curb and the face of the
sidewalk on the internal streets. Staff is supportive of the proposed street section
design.
2. Width ofbuffer(s) between land uses: N/A
3. Percentage of site as open space: 4.06 acres/I 1.5% (including street buffers) and
2.27 acres/6.4% (excluding street buffers).
4. Other landscaping standards: Landscaping adjacent to micro-paths should comply
with UDC 11-3B.12. Common open space lots should include at least one deciduous
shade tree per 8,000 square feet (UDC 11-3G-3E2).
h. Amenities: 6.4% useable open space, tot lot, BBQ and picnic area, and micropaths to private
park site.
i. Off-Street Parking: UDC 11-3C-6 requires single-family detached dwellings to have a 2
enclosed parking spaces (a garage) and a 20' x 20' parking pad in front of each garage.
j. Proposed and Required Residential Standards;
R-8
Setbacks (in feet) Proposed
Front Living Area (to sidewalk) 15
Side Accessed Garage (to sidewalk) 15
Front Accessed Garage (to sidewalk) 20
&& 4
Rear 12
Frontage (garage facing street) 50
Frontage (alley loaded garage) 40
Lot Size (garage facing street) 5,000
Lot Size (alley loaded garage 4,000
k. Proposed and Required Non-Residential;
N/A
Required
15
15
20
4
12
50
40
5,000
4,000
1. Summary of Proposed Streets and/or Access: The applicant is proposing one public
street access to McMillan Road and one public street access to Meridian Road. All of the
internal streets are local streets with a 34-foot wide street section (measured back of curb to
back of curb) and contain sidewalks that are detached 8 feet from the back of curb. The
applicant is proposing to construct alley loaded units on four blocks. The alleys are also
proposed to be dedicated to ACHD as public alleys and contain a 16-foot wide pavement
Ambercreek Subdivision AZ-OS-O55/PP-O5-057
PAGES
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 14,2006
section within 20 feet of right-of-way. Staff is supportive of the proposed street system. The
ACHD is reguirine traffic calmine devices alone Red Rock Drive and Elsinore Avenue: a turn
lane on McMillan Road: widenine of Meridian Road abuttine the site: and construction of
sidewalk alone both McMillan Road and Meridian Road. For a detailed report on all of
ACHD's conditions, please see the ACHD report and Exhibit B.
7. COMMENTS MEETING
On November 23,2005, a joint agency and departments meeting was held with service providers
in this area. The agencies and departments present include: Meridian Fire Department, Meridian
Parks Department, Meridian Public Works Department, Meridian Police Department, and the
Sanitary Services Company. Staff has included conunents, conditions and recommended actions
in Exhibit B below.
8. COMPREHENSIVE PLAN POLICIES AND GOALS
This property is designated "Low Density Residential" on the Comprehensive Plan Future Land
Use Map. Low density residential areas are anticipated to contain up to three dwellings per acre
(see Page 95 of the Comprehensive Plan.) The proposed Preliminary Plat includes 175 single~
family lots on 35.33 acres for a gross density of 4.95 dwelling units/acre. As allowed bv Note #2
on the face of the Future Land Use MaD. the applicant is reQuestine a step UP in density and
zonilliZ desÜroation. from low to medium. A Comprehensive Plan MaD amendment is not required
for the City to process the applicant's request for the R-8 zone for a property desÜmated for Low
Densitv Residential use. NOTE: The designation of the subject site on the Comprehensive Plan
Future Land Use Map is proposed to be amended to "Medium Density Residential" with the
current North Meridian Area Comprehensive Plan Amendment (NMA CPA). The NMA CPA is
scheduled to be on the January 17, 2006 City Council agenda. If approved by the City Council, as
recommended by the Commission, this area would not need the step up in density; it would
comply with the new map designation.
Chapter VII, Goal III, Objective A, Action I - Require that development projects have planned
for the provision of all public services.
.
When the City established its Area of City Impact, it planned to provide City services to the
subject property. The City of Meridian plans to provide municipal services to the lands proposed
to be annexed in the following manner:
. Sanitary sewer and water service will be extended to the project at the developer's
expense.
The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District.
Once annexed the lands will be under the jurisdiction of the Meridian City Fire
Department, who currently shares resource and personnel with the Meridian Rural Fire
Department.
The subject lands currently lie within the jurisdiction of the Ada County Sheriff's Office.
Once annexed the lands will be serviced by the Meridian Police Department (MPD).
The roadways acfjacent to the subject lands are currently owned and maintained by the
Ada County Highway District (ACHD). This service will not change.
The subject lands are currently serviced by the Meridian School District #2. This service
will not change.
The subject lands are currently serviced by the Meridian Library District. This service
will not change and the Meridian Library District should sziffer no revenue loss as a
result of the subject annexation.
.
.
.
.
Ambercreek Subdivision AZ-05-055/PP-05-057
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 14, 2006
Municipal, fee-supported, services will be provided by the Meridian Building Department, the
Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater
Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary
Services Company.
Chapter VI, Goal II, Objective A, Action 3 - Consider "Accommodating Bicycle and Pedestrian
Travel: A Recommended Approach" from the National Center for Bicycling and Walking in all
land-use decisions.
This publication encourages jurisdictions to establish bikeway and walkway facilities in new
construction and reconstruction projects, in a manner that is safe, accessible and convenient.
Staff believes that the subject applications comply with the policies listed in the literature noted
above.
Chapter VI, Goal II, Objective A, Action 6 - Require street connections between subdivisions at
regular intelVals to enhance connectivity and better traffic flow.
The submitted preliminary plat proposes to extend an approved stub street from Cedar Spring
North (Sage Spring/Red Rock Drive), and provide an additional stub to the conceptual attached
phase of Cedar Springs North (Peach Springs Drive.) The applicant is also proposing a stub
street, Elsinor Avenue, to the unplatted property to the south and a stub street, Havasu Falls
Drive, to the unplatted property to the northeast. To fùrther enhance connectivity in this area,
staff is recommending that the Elsinore Avenue stub location be moved approximately 200-feet to
the east, and that an additional stub be provided from Lava Falls Drive to the 5 acre parcel
directly northeast. See Analysis below and Exhibit B for more details.
Chapter VI, Goal II, Objective A, Action 13 - Review new development for appropriate
opportunities to COIlllect to local roads and collectors in adjacent developments.
See analysis above.
Chapter VII, Goal I, Objective D, Action 9 - Require new residential development to provide
pennanent perimeter fencing to contain construction debris on site and prevent windblown debris
from entering adjacent agricultural and other properties.
A six-foot tall closed fence has been proposed around the entire perimeter of the development.
Prior to house construction, fencing should be constructed around the perimeter of this site.
Chapter VI, Goal II, Objective A, Action 5 - Require pedestrian access connectors in all new
development to link subdivisions together to promote neighborhood connectivity as part of a
community pathway system.
The applicant is proposing to construct detached sidewalks adjacent to all of the proposed
streets, which connect to adjacent properties. Staff is supportive of the proposed pedestrian
connections to adjacent properties. Due to the anticipated construction of the middle school on
the northeast corner of McMillan Road and Meridian Road, staff recommends that the detached
sidewalks along McMillan Road and Meridian Road be constructed with the first phase of the
development. See Analysis below for more information.
Chapter VII, Goal IV, Objective C, Action 6 ~ Require pedestrian access in all new development
Ambercreek Subdivision AZ-OS-OS5/PP-O5-0S7
PAGE 7
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 14, 2006
to link subdivisions together and promote neighborhood connectivity.
See above.
Chapter VII, Goal IV, Objective D, Action 2 - Restrict curb cuts and access points on collectors
and arterial streets.
One public street access to McMillan Road and one public street access to Meridian Road are
proposed. Direct lot access to McMillan Road and Meridian Road should be prohibited.
Chapter VII, Goal IV, Objective C, Action I - Protect existing residential properties from
incompatible land use development on adjacent parcels.
The applicant is proposing a residential zone. Stafffinds that the existing residential properties to
the south, east and west and the future multi-family and commercial area, which are across
McMillan Road to the north, are compatible with the proposed development.
Chapter VII, Goal IV, Objective C, Action 10 - Support a variety of residential categories (low-,
medium-, and high-density single family, multi-family, townhouses, duplexes, apartments,
condominiums, etc.) for the purpose of providing the City with a range of affordable housing
opportunities.
The subject application includes a request for the R-8 zone. Cedar Spring North Subdivision
obtained an R-8 zone and Paramount Subdivision obtained R-8, R-40, L-a and C-G zoning. Staff
finds that the requested zoning designation contributes to the variety of residential zoning
categories in this area and is generally consistent with the Comprehensive Plan designation for
this site.
Due to the higher density phases approved directly to the west in Cedar Springs, and to the north in
Paramount Subdivision, stafI believes that the proposed density and zoning for this property is
appropriate. Staff recommends that the Commission and Council rely on any verbal or written testimony
that may be provided at the public hearing when determining if the applicant's zoning and development
request is appropriate for this property.
9. ZONING ORDINANCE
a. Zoning Schedule of Use Control: Meridian City Code 11-2-1 lists single-family homes as
pennitted uses in the R-8 zoning district.
b. Purpose Statement of Zone:
R-8 Medium-Density Residential: The purpose of the residential districts is to provide for
a range of housing opportunities consistent with the Meridian Comprehensive Plan.
Connection to the City of Meridian water and sewer systems is a requirement for all
residential districts. Residential districts are distinguished by the allowable density of
dwelling units per acre and corresponding housing types that can be accommodated
witrun the density range.
c. General Standards: All of the proposed lots comply with the standard lot size and street
frontage requirements ofthe R-8 zone established in the UDC. No dimensional modifications
are being requested for the proposed development.
Ambercreek Subdivision AZ-O5-055/PP-O5-057
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 14, 2006
10; ANALYSIS
a. Analysis of Facts Leading to Staff Recommendation:
1.
AZ Application: Based on the policies and goals contained in the Comprehensive
Plan, staff believes that the requested R-8 zone is appropriate for this property. Please
see Exhibit D for detailed analysis of the required facts and findings.
The annexation legal description submitted with the application (stamped on
September 29,2005 by Clinton W. Hansen, PLS) shows the property as contiguous to
the existing corporate boundary of the City of Meridian.
Special Considerations:
Perimeter Sidewalk: In 2007, a middle school (Heritage Middle School) is
planned to open on the northeast comer of Meridian Road and McMillan Road.
At past meetings, the City Council and the public have expressed concerns over
the lack of sidewalks adjacent to arterial streets and how difficult it is for children
to walklbike to nearby schools. In light of these concerns, staff recommends that
the applicant be required to construct a 5-foot wide detached sidewalk along their
frontage of McMillan Road and Linder Road, prior to issuance of building
pennits in the first phase of the development.
Access to Arterials:
Except for one public street access to McMillan Road and one public street
access to Meridian Road, vehicular access to McMillan Road and McMillan
Road should be prohibited for this site
Development AlZreement: UDC 11-5B-3.D.2 and Idaho Code § 65-6711A
provides the City the authority to require a property owner to enter into a
Development Agreement (DA) with the City that may require some written
commitment for all future uses. Staff believes that a DA is necessary to ensure
that this property is developed in a fashion that is consistent with the
comprehensive plan desilZtlation and does not nel!atively impact nearbv
properties.
.
Prior to the annexation ordinance approval, a Development Agreement (DA)
shall be entered into between the City of Meridian, property owner (at the time of
annexation ordinance adoption), and the developer. The applicant shall contact
the Citv Attorney. Bill Nary. at 888-4433 to initiate this process within 18
months of City Council apProval. The DA shall incorporate the following:
. That all future uses shall not involve uses, activities, processes, materials,
equipment and conditions of operation that will be detrimental to any
persons, property or the general welfare by reason of excessive
production of traffic, noise, smoke, fumes, glare or odors.
That all future deyelopment of the subject property shall be constructed
in accordance with City of Meridian ordinances in effect at the time of
development.
That the applicant will be responsible for all costs associated with the
sewer and water service extension.
That any existing domestic wells and/or septic systems within this
.
.
Ambercreek Subdivision AZ-OS-O55/PP-OS-O57
PAGE 9
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 14,2006
2.
.
project will have to be removed from their domestic "service, per City
Ordinance Section 5-7~517, when services are available from the City of
Meridian. Wells may be used for non-domestic purposes such as
landscape irrigation. -
That prior to issuance of any building pennit, the subj ect property be
subdivided in accordance with the City of Meridian Unified
Development Code.
That five-foot wide sidewalks and street buffers, constructed in
accordance with City Code, be installed along McMillan Road and
Meridian Road prior to occupancy of any new dwelling units.
That the applicant has voluntarily aereed to construct a pedestrian
pathway alone McMillan Road. from Ambercreek Way to the
McMillan Road/Meridian Road intersection. If ACHD is unable to
acquire an easement or property from the 5-acre outparcel to the
east. the applicant shall construct said pedestrian pathway within the
existine rieht-of-wav for McMillan Road (north side of the canal). If
ACHD is able to acquire an easement or additional rieht-of-wav
from the 5-acre outparcel. said pedestrian pathwav shall be
constructed on the south side of the canal. A pedestrian pathwav
alone McMillan Road. from Ambercreek Way to the McMillan
Road/Meridian Road intersection shall be installed prior to
occupancy of any new dwelline units on this property.
That one public street access will be allowed to McMillan Road and one
public street access will be allowed to Meridian Road; direct lot access to
McMillan Road and Meridian Road shall be prohibited.
.
.
.
PP Application:
Zoning Ordinance.
The proposed preliminary plat substantially complies with the
Special Considerations:
Interconnectivitv: The applicant is proposing to construct/extend five stub streets to
adjacent properties. Staff is generally supportive of the proposed stub street locations,
with two exceptions. First, staff reconunends that the Elsinore Avenue stub be
relocated approximately 200 feet to the east. This recommendation will prevent
Elsinore from being such a long, straight street and also allows a direct pedestrian
movement between the park site on Lot 9, Block 5 and the southern lots. The second
reconunendation regarding interconnectivity has to do with access to the five.acre
parcel to the northeast. To limit future access points to Meridian Road, staff
recommends that a stub street from Lava Falls Drive be provided north to Parcel No.
S043611O015, or Lava Falls Drive be relocated to the north property line. See Exhibit
B below.
Sidewalks: The applicant is proposing to construct four-foot wide detached sidewalks
on the internal streets. The sidewalks are detached from the curb with an eight~foot
wide landscape strip (parkway.) In accordance with the recently passed ACHD planter
width standards and UDC 11-3A~17, the width of the landscape planter strip should be
constructed as proposed and include Class II trees. See Special Consideration section
above for the requirement to construct sidewalks adj acent to McMillan Road and
Meridian Road and Exhibit B below.
Ambercreek Subdivision AZ-O5-055/PP-O5-057
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 14,2006
Landscapin2:: The landscape plan prepared by The Land Group, IUc., on 10-13-05,
labeled Sheet Ll,O, Ll.l and Ll.2 is approved with the following modifications/notes:
8 Provide landscape buffers along Meridian Road and McMillan Road as
depicted. The landscape buffers along the arterials shall be designed in
accordance to UDC 11-3B-7. If Idaho Power will not allow trees within the
easement along McMillan Road, widen the landscape buffer by five feet and
include the required trees and sluubs within the additional five feet UDC 11-
3B-7Clb). The landscaping and sidewalks along Meridian Road and
McMillan Road should be installed prior to the issuance of the fIrst occupancy
pennit within this development.
8 All parkway trees shall be Class ß trees.
8 Per UDC 11-3G-3A, set aside 6.4% (2.27 acres) of the site for useable open
space and provide a tot lot, BBQ, and picnic area within the private park site
on Lot 9, Block 5.
8 A written certificate of completion shall be prepared by the landscape
architect, designer, or qualified nurseryman responsible for the landscape plan
and submitted prior to City Council signature of the Final Plat. All standards
of installation shall apply as listed in UDC 11-3B-14.
Submit a revised landscape plan, reflecting the changes mentioned above, with the
final plat application(s).
Unimproved Ri!!ht-of-Wav; Meridian City Code requires a lO-foot wide gravel
shoulder abutting right-of-way where the unimproved portion of the right-of-way is
greater than 13 feet (measured from the edge of pavement to the edge of sidewalk or
property line), and road widening is not in the ACHD Five Year Work Program. The
remainder of the unimproved right-of-way should be landscaped with lawn or other
vegetative groundcover. Neither McMillan Road nor Meridian Road abutting this site,
meets the warrants for the 1O-foot wide gravel shoulder requirement listed above.
However, the applicant is proposing 5-foot wide gravel shoulders along the arterial
streets. The applicant should be required to improve McMillan Road and widen
Meridian Road as required by ACHD.
Access: The applicant is proposing one public street access to McMillan Road and one
public street access to Meridian Road; no direct lot accesses to the adjacent arterial
roads are proposed. Except for the proposed public street accesses, access to this
parcel from Meridian Road and McMillan Road is prohibited. See Exhibit B below.
Allevs: The applicant is proposing alleys within four blocks of the development. The
right-of-way for the proposed alleys is 2O-feet wide and is proposed to be dedicated
and maintained by the Ada County Highway District. Staff is supportive of the
proposed alley configurations. The applicant should be required to comply with
ACHD ' s standards for alley construction. All alleys should contain at least 16 feet of
pavement within the 20-foot right-of-way and be constructed with 28-foot inside and
48-foot outside turn radii where the alleys intersect the public streets. See Exhibit B
below.
Fencing: The applicant is proposing to construct a six-foot tall solid fence around the
perimeter of the site and four-foot tall solid fences adjacent to the internal common
lots. A detailed fencing plan should be submitted upon application of the fmal plat. If
Ambercreek Subdivision AZ-O5-055/PP-O5-057
PAGE 11
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 14,2006
permanent fencing is not provided before issuance of a building permit, temporary
construction fencing to contain debris must be installed around the perimeter.
Perimeter, common open space, and micro-path fencing shall be designed according to
ODC 11-3A-7. See Exhibit B below.
Micro~paths: All micro-paths shall be constructed in accordance with UDC 11-3A-8
(construction) and ODC 11-3B (landscaping).
Common Areas: Maintenance of all common areas shall be the responsibility of the
Ambercreek Home Owners' Association.
Ditches, Laterals. and Canals: There are exiting irrigation ditches that run along the
perimeter of this parcel. The Lemp Canal runs along the northern boundary of this site.
The City Council has regularly granted waivers of the requirement to tile the Lemp
Canal, as it would take a 72-inch pipe. Staff recommends that the City not require the
applicant to tile the Lemp Canal abutting this site. Per ODC 11-3A-6 all irrigation
ditches, laterals or canals, exclusive of natural waterways, the Lemp Canal and
waterways being used as amenities, that intersect, cross or lie within the area being
subdivided shall be covered.
Pressure Irri!!ation: The City of Meridian requires that pressurized irrigation systems
be supplied by a year-round source of water. 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 used, the developer will be responsible for the payment
of assessments for the common areas prior to signature on the fmal plat by the City
Engineer. An underground, pressurized irrigation system should be installed to all
landscape areas per the approved specifications and in accordance with UDC 11-3A-
15 andMCC 9-1-28.
b. Staff Recommendation: Staff recommends approval of the subject applications AZ-05-
055 and PP-05-057. with the conditions listed in Exhibit B of the Staff Report for the hearin!!
date of January 5. 2006.
11. EXHffiITS
A. Drawings
1. Preliminary Plat (dated: 10-10-05)
2. Landscape Plan (dated: 10-13-05)
B. Conditions of Approval
1. Planning Department
2. Public Works Department
3. Fire Department
4. Police Department
5. Parks Department
6. Sanitary Service Company
Ambercreek Subdivision AZ-OS-OSS/PP-OS-057
PAGE 12
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 14,2006
7. Ada County Highway District
8. Nampa & Meridian Irrigation District
9. Central District Health Department
10. Settlers Irrigation District
C. Legal Description
D. Required Findings from Unified Development Code
Ambercreek Subdivision AZ-O5-055/PP-O5-057
PAGE 13
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 14,2006
A. Drawings
1. Preliminary Plat (dated: 10-10-05)
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1.1.7
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 14,2006
B. Conditions of Approval
1. Planning Department
SITE SPECIFIC REQUIREMENTS-PRELIIvIINARY PLAT (PP-05-057)
1.1
1.1.1
The preliminary plat labeled as PP-1, prepared by Bailey Engineering, mc., dated October 10,
2005 is approved, with the conditions listed herein. All comments and conditions of the
accompanying Annexation and Zoning (AZ-05.055) application shall also be considered
conditions of the Preliminary Plat (PP-05-057).
1.1.2
Relocate the E1sinor Avenue stub street approximately 200 feet to the east (to generally align with
the micro-paths leading to/from the park site.)
1.1.3
Either relocate Lava Falls Drive to the north to provide access to the five-acre parcel at the
southwest comer of the intersection of McMillan and Meridian Road (Parcel No. S0436110015),
OR construct a public stub street from Lava Falls Drive, that aligns with Alester Avenue, to
Parcel No. S043611O015.
The planter strip between the curb and the near edge of the sidewalk along all the internal streets
with four-foot wide detached sidewalks shall be a minimum of eight-feet wide and include Class
II trees.
Prior to issuance of the fIrst occupancy pennit, provide five-foot wide detached sidewalks along
the entire frontage of McMillan Road and Meridian Road.
The landscape plan prepared by The Land Group, me., on 10-13-05, labeled Sheet Ll.O, L1.1 and
Ll.2 is approved with the following modifications/notes:
.
Provide landscape buffers along Meridian Road and McMillan Road as depicted. The landscape
buffers along the arterials shall be designed in accordance to UDC 11-3B- 7. If Idaho Power will
not allow trees within the easement along McMillan Road, widen the landscape buffer by five
feet and include the required trees and shrubs within the additional five feet. The landscaping and
sidewalks along Meridian Road and McMillan Road shall be installed prior to the issuance of the
first occupancy pennit within this development.
All parkway trees shall be Class II trees.
Per UDC 11-3G-3.A, set aside 6.4% (2.27 acres) of the site for useable open space and provide a
tot lot, BBQ, and picnic area within the private park site on Lot 9, Block 5.
A written certificate of completion shall be prepared by the landscape architect, designer, or
qualified nurseryman responsible for the landscape plan and submitted prior to City Council
signature of the Final Plat. All standards of installation shall apply as listed in UDC 11-3B-14.
.
.
.
Where the applicant has submitted a preliminary landscape plan and where staff has reviewed
such plan, the landscaping shall be consistent with the preliminary plan with modifications as
proposed by staff. The proceeding modifications and notes should be shown on a revised
landscape plan submitted with the fmal plat application(s).
Place a note on the face of the final plates), stating that direct lot access to McMillan Road and
Meridian Road is prohibited.
Exhibit B - Page 1
1.1.9
CITY OF MERIDIAN PLANNTNG DEPARTMENT STAFF REPORT FOR THE HEARTNG DATE OF FEBRUARY 14,2006
1.1.8
Construct all alleys to comply with ACHD's requirements for public alleys: All alleys shall
contain at least 16 feet of pavement within a 20-foot right-of-way, as proposed, and include 28-
foot inside and 48-foot outside turn radii where the alleys intersect the public streets.
- -
Construct 6-foot tall solid fencing around the perimeter of the site, as proposed. Any fencing
adjacent to common lots and micro-paths shall be restricted to either 4-foot tall solid, or 6-foot
tall open vision (maximum). A detailed fencing plan shall be submitted upon application of the
final plates). Ifpennanent fencing is not provided before issuance of a building pennit, temporary
construction fencing to contain debris must be installed around the perimeter. Perimeter, common
open space, and micro-path fencing shall be designed according to UDC 11~3A.7.
1.1.10 All micro.paths shall be constructed in accordance with UDC 11-3A-8 (construction) and UDC
11-3B (landscaping).
1.1.11 Maintenance of all common areas shall be the responsibility of the Ambercreek Home Owners'
Association.
1.1.12
All irrigation ditches, laterals or canals, exclusive of the Lemp Canal and natural waterways,
intersecting or crossing the area being subdivided shall be covered. Plans will need to be
approved by the appropriate irrigation/drainage district, or lateral users association (ditch
owners), with written approval or non-approval submitted to the Public Works Department. If
lateral users association approval can not be obtained, alternate plans will be reviewed and
approved by the City Engineer prior to final plat signature.
1.1.13 Underground, pressurized irrigation must be provided to all lots within this development.
1.2
1.2.1
1.2.2
1.2.3
1.2.4
1.2.5
GENERAL REQUIREMENTS-PRELIMINARY PLAT (PP-05-057)
A detailed landscape plan, in compliance with the landscape and subdivision ordinance and as
noted in this report, shall be submitted for the subdivision with the final plat application(s).
Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision
pursuant to UDC 11-3A-17.
All areas approved as open space shall be free of wet ponds or other such nuisances. All
stonnwater detention facilities incorporated into the approved open space are subject to UDC 11-
3A-18 and shall be fully vegetated with grass and trees. Sand, gravel or other non-vegetated
surface materials shall not be used in open space lots, except as pennitted under UDC ll-3B.
Where the applicant has submitted a preliminary landscape plan and where staff has reviewed
such plan, the landscaping shall be consistent with the preliminary plan with modifications as
proposed by staff. If the storrnwater detention facility cannot be incorporated into the approved
open space and still meet the standards of UDC 11-3A-18, then the applicant shall relocate the
facility. This may require losing a developable lot or developable area. It is the responsibility of
the developer to comply with ACHD, City of Meridian and all other regulatory requirements at
the time of fmal construction.
Coordinate fITe hydrant placement with the City of Meridian Public Works Department.
Staff's failure to cite specific ordinance provisions or tenus of the approved annexation and
conditional use does not relieve the applicant of responsibility for compliance.
Exhibit B ~ Page 2
2.6
2.7
2.8
2.9
2.10
2.11
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 14,2006
1.2.6
Preliminary plat approval shall be subject to the expiration provisions set forth iri ODC 11-6B- 7.
2.1
2. Public Works Department
Sanitary sewer service to this development is being-proposed via extension of mains in Cedar
Springs Subdivision. The applicant shall install mains to and through this development; applicant
shall coordinate main size and routing with the Public Works Department, and execute standard
fonns of easements for any mains that are required to provide service. Minimum cover over
sewer mains is three feet, if cover ftom top of pipe to sub-grade is less than three feet than
alternate materials shall be used in confonnance of City of Meridian Public Works Departments
Standard Specifications.
Extend sewer and water service to the southern portion of the 5-acre parcel (Parcel No.
S0436ll 00 15) through the access required by the Planning Department's conditions of approval.
Water service to this site is being proposed via extension of mains in N. Meridian Road, and
extension of mains in Cedar Springs Subdivision. The applicant shall be responsible to install
water mains to and through this development, coordinate main size and routing with Public
Works.
2.2
2.3
2.4
The City of Meridian's to and through policy will require the applicant to install water main on
the frontage of this property in McMillan Road. Once the frontage main is installed, there will be
a gap of approximately 290- feet between this development and the intersection of McMillan and
Meridian roads without water main. The applicant shall coordinate with the Public Works
Department a cooperative agreement whereby this gap in the water line is installed with this
development and funded by the City of Meridian.
The applicant has indicated Settlers will own and operate the pressure irrigation system in this
proposed development, a plan approval letter shall be submitted prior to scheduling of a pre-
construction meeting.
If it is to be maintained as a private system, plans and specifications will be reviewed by the
Public Works Department as part of the construction plan review. A "draft copy" of the
operations and maintenance manual will be required prior to plan approval with the "[mal draft"
being required prior to final plat signature on the last phase of this project.
The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water (MCC 12.13-8.3). The applicant should be required to use any existing surface or
well water for the primary source. If a surface or well source is not available, a single-point
connection to the culinary water system shall be required. If a single-point connection is utilized,
the developer will be responsible for the payment of assessments for the common areas prior to
signature on the final plat by the City Engineer.
All existing structures shall be removed prior to signature on the final plat by the City Engineer.
No large landscaping shall be allowed within 5-feet of a meter tile, per City of Meridian Standard
Specification 7.07(w) note 3.
Any existing domestic wells and/or septic systems within this project shall be removed ftom
domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-
domestic purposes such as landscape irrigation.
Street signs are to be in place, water system shall be approved and activated, fencing installed,
drainage lots constructed, 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.
A letter of credit or cash surety in the amount of 110% will be required for all uncompleted
2.5
Exhibit B - Page 3
2.17
2.18
2.19
2.20
2.21
3.1
3.2
3.3
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 14,2006
2.12
fencing, landscaping, amenities, pressurized irrigation, sanitary- sewer, water, etc:, prior to
signature on the final plat.
All development improvements, including but not limited to sewer, fencing, micro-paths,
pressurized irrigation and landscaping shall be installed and approved prior to obtaíning
certificates of occupancy.
2.13
Applicant shall be required to pay Public Works development plan review, and construction
inspection fees, as detennined during the plan review process, prior to signature on the fmal plat
per Resolution 02-374.
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.
Applicant shall be responsible for application and compliance with and NPDES Pennitting that
may be required by the Environmental Protection Agency.
Applicant shall be responsible for application and compliance with any Section 404 Pennitting
that may be required by the Army Corps of Engineers.
Developer shall coordinate mailbox locations with the Meridian Post Office.
All grading of the site shall be perfonned in confonnance with MCC 11-12-3H.
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.
The engineer shall be required to certify that the street centerline elevations are set a minimum of
3-feet above the highest established peak: groundwater elevation. This is to ensure that the bottom
elevation of the crawl spaces of homes is at least I-foot above.
One hundred watt, high-pressure sodium streetlights shall be required at locations designated by
the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical
locations are at street intersections and/or fITe hydrants. Final design locations and quantity are
detennined after power designs are completed by Idaho Power Company. The street light
contractor shall obtain design and pennit from the Public Works Department prior to
commencing installations.
2.14
2.15
2.16
3. Fire Department
One and two family dwellings will require a fITe-flow of 1,500 gallons per minute available for
duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 500'
apart. futernational Fire Code Appendix C
Acceptance of the water supply for fITe protection will be by the Meridian Fire Department and
water quality by the Meridian Water Department for bacteria testing.
Final Approval of the fire hydrant locations shall be by the Meridian Fire Department.
a. Fire Hydrants shall have the 4 W' outlet face the main street or parking lot aisle.
b. The Fire hydrant shall not face a street which does not have addresses on it.
c. Fire hydrant markers shall be provided per Public Works spec.
d. Locations with fire hydrants shall have the curb painted red 10' to each side of the
hydrant location.
Fire Hydrants shall be placed on corners when spacing pennits.
Fire hydrants shall not have any vertical obstructions to outlets within 10'.
Fire hydrants shall be place 18" above finish grade.
e.
f.
g.
Exhibit 8 - Page 4
3.11
4.1
5.1
6.1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 14, 2006
h.
Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5.
3.4
All entrance and internal roads (including alleys) shall have a tunùng radius of28' inside and 48'
outside radius.
3.5
Provide a 20-foot wide Fire Lane for all internal roadways all roadways shall be marked in
accordance with Appendix D Section D1O3.6 Signs.
3.6
Operational fire hydrants, temporary or pennanent street signs and access roads with an all
weather surface are required before combustible construction is brought on site.
3.7
To increase emergency access to the site a minimum of two points of access will be required for
any portion of the project, which serves more than 50 homes. The two entrances should be
separated by no less than ~ the diagonal measurement of the full development.
3.8
Building setbacks shall be per the International Building Code for one and two story construction.
3.9
The proposed l75-lot subdivision with an estimated 2.9 residents per household would have a
total estimated population of 508 residents at build out.
3.10
Where a portion of the facility or building hereafter constructed or moved into or within the
jurisdiction is more than 400 feet (122 m) from a hydrant on a [lYe apparatus access road, as
measured by an approved route around the exterior of the facility or building, on~site fire hydrants
and mains shall be provided where required by the code official. For buildings equipped
throughout with an approved automatic sprinkler system installed in accordance with Section
903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183).
For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m).
For buildings equipped throughout with an approved automatic sprinkler system installed in
accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m).
Emergency response routes and fire lanes shall not be allowed to have speed bumps.
4. Police Department
The proposed plat encourages high-speed, cut-through traffic. The applicant shall work with the
Ada County Highway District to provide traffic calming design to decrease travel speeds on
Peach Springs Drive, Elsinore Avenue and Red Rock Drive.
5. Parks Department
No comments,
6. Sanitary Service Company
Please contact Bill Grelwrv at sse (888-3999) for detailed review of vonr proposal prior to
the public hearin2. There is a concern that the required modifications to alleys may significantly
impact your site design and may require a revised site plan. If the site plan is revised, contact the
planner assigned to the project immediately to discuss the changes and how to proceed with the
revised site plan.
Exhibit B - Page 5
7.5
7.6
7.7
7.8
7.9
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 14,2006
7. Ada County Highway District
7.1
Site SlJecific Conditions of AlJlJroval
Construct a 5-foot detached concrete sidewalk south of the Lemp Canal within an çasement
provided to the District.
7.2
Construct a westbound left turn lane on McMillan Road at the north site access intersection.
7.3
The applicant shall do one of the following:
a. Dedicate by donation a total of 35.feet of right-of-way along Meridian Road, and construct a
minimum 5-foot wide concrete sidewalk along Meridian Road, located a minimum of 28-feet
from the centerline of the right-of.way.
b. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete
sidewalk along Meridian Road, located a minimum of 28-feet from the centerline of the right-of.
way, in an easement provided to the District.
c. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete
sidewalk along Meridian Road, located at the back edge ofthe existing right-of-way. Accomplish
all necessary adjustments to properly accommodate existing drainage and utilities.
7.4
Widen Meridian Road with 19.feet of pavement from centerline abutting the entire site.
Construct the internal streets as 34 -foot street sections (with local fire department approval) with
curb, gutter, 4-foot detached concrete sidewalks, and 8-foot planter strips, as proposed.
Provide sufficient pavement width on the two site entrance roadway intersections (Ambercreek
Avenue intersecting McMillan Road, and Lava Falls Drive intersecting Meridian Road) to
accommodate simultaneous left and right turn movements.
Provide 21-foot street sections on each side of the proposed center islands. Any proposed
landscape islands/medians within the public right-of-way dedicated by this plat shall be owned
and maintained by a homeowners association. Notes of this are required on the [mal plat. The
design should be reviewed and approved by ACHD's Development staff
Provide traffic calming (i.e. chokers, bulb-outs, traffic circles, etc.) along Red Rock Drive and
Elsinore Avenue. The applicant shall coordinate the location and design of the traffic calming
devices with District Traffic Services staff.
Construct stub streets to the surrounding properties as identified below. fustall a sign at the
tenninus of each roadway stating, "THIS ROAD WILL BE EXTENDED IN THE FUTURE."
.
Stub street to the south, Alester Avenue, located 200-feet west of Meridian Road (measured
centerline to centerline).
Stub street to the south, Elsinore Avenue, located to generally align with the micropaths that
lead to the park site in the northern part of the subdivision. (This will require a shift of
approximately 240-feet to the east from where the stub street was originally proposed to be
located.)
.
Exhibit B - Page 6
7.14
7.15
7.2.1
7.2.2
7.2.3
7.2.4
7.2.5
7.2.6
CITY OF MERIDIAN PLANNTNG DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 14,2006
- .
Stub street to the west, Red Rock Drive, located approximately 160-feet north of the south
property line (measured property line to centerline). This stub street shall align with and
connect to Sage Spring Drive within Cedar Springs Subdivision to the west of this site.
Stub street to the west, Peach Springs Drive, located 690-feet north of the south property line
(measured property line to centerline).
Stub street to the east, Havasu Falls Drive, located 215-feet south of McMillan Road
(measured centerline to centerline).
.
.
7.10
Construct one roadway, Lava Falls Drive, to intersect Meridian Road. This road shall be shifted
to the north to provide access to the 5-acre parcel at the southwest comer of the intersection of
McMillan and Meridian Road, OR the applicant shall construct a stub street in alignment with
Alester Avenue to the 5-acre parcel.
7.11
Construct one roadway, Amber Creek Avenue, to intersect McMillan Road approximately 355-
feet west of the east property line (measured property line to centerline), as proposed.
7.12
Submit the bridge plans for the crossing ofthe Lemp Canal (Ambercreek Avenue) for review and
approval prior to the pre-construction meeting and plat approval.
7.13
The applicant shall construct the two proposed east-west alleys and the one proposed north south
alley to the following standards:
. Dedicate a minimum of 16-feet for all alleys. All alleys shall be paved a minimum of 16-
feet in width.
Parking off the alley shall be designed so the minimum clear distance from the back of
the parking stall to the opposite side of the alley is 22-feet for perpendicular parking.
Access to an alley shall be located a minimum of 25-feet from the nearest public street.
.
.
Other than the access specifically approved with this application, direct lot access is prohibited to
Meridian Road and McMillan Road and shall be noted on the [mal plat.
Comply with all Standard Conditions of Approval.
Standard Conditions ofAlJlJroval
Any existing irrigation facilities shall be relocated outside of the right-of-way.
Private sewer or water systems are prohibited from being located within any ACHD roadway or
right-of-way.
All utility relocation costs associated with improving street frontages abutting the site shall be
borne by the developer.
Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the
construction of the proposed development. Contact Construction Services at 387-6280 (with file
number) for details.
Comply with the District's Tree Planter Width futerim Policy.
Utility street cuts in pavement less than five years old are not allowed unless approved in writing
by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for
details.
Exhibit B - Page 7
7.2.7
7.2.8
7.2.9
CITY OF MERIDIAN PLANNrNG DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 14,2006
All design and construction shall be in accordance with the Ada County Highway District Policy
Manual, ISPWC Standards and approved supplements, Construction Services procedures and all
applicable ACHD Ordinances U1Ùess specifically waived herein. An engineer regi.stered in the
State of Idaho shall prepare and certify all improvement plans.
The applicant shall submit revised plans for staff approval, prior to issuance of building pennit
(or other required pennits), which incorporates any required design changes.
Construction, use and property development shall be in conformance with all applicable
requirements of the Ada County Highway District prior to District approval for occupancy.
7.2.10 Payment of applicable road impact fees are required prior to building construction in accordance
with Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance.
7.2.11
7.2.12
7.2.13
8.1
9.1
9.2
9.3
10.1
It is the responsibility of the applicant to verify all existing utilities within the right~of-way. The
applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The
applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days
prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic
Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during
any phase of construction.
No change in the tenus and conditions ofthis approval shall be valid unless they are in writing
and signed by the applicant or the applicant's authorized representative and an authorized
representative of the Ada County Highway District. The burden shall be upon the applicant to
obtain written confinnation of any change from the Ada County Highway District.
Any change by the applicant in the planned use of the property which is the subject of this
application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or
other regulatory and legal restrictions in force at the time the applicant or its successors in interest
advises the Highway District of its intent to change the planned use of the subj ect property unless
a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect
at the time the change in use is sought.
8. Nampa & Meridian Irrigation District
No comment; outside ofNMID's district.
9. Central District Health Department
After written approval from appropriate entities are submitted, we can approve this proposal for
central sewage and central water.
The following plans must be submitted to and approved by the Idaho Department of Health &
welfare, Division of Environmental Quality: central sewage and central water.
Run-off is not to create a mosquito breeding problem.
10. Nampa & Meridian Irrigation District
All irrigation/drainage facilities along with their easements must be protected and continue to
Exhibit B - Page 8
10.2
10.3
10.4
10.5
10.6
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 14,2006
function, The facilities involved are: 1) The Settlers Canal that requires a 50' easement and an
access road along the south bank. 2) The Coleman Lateral that requires a total 30' easement and
access road. 3) The Starkey Lateral that requires a 20' easement. Contact SID for additional
requirements. Contact SID for additional requirements.
A Land Use Change Application must be on file prior to any approvals.
A license agreement MUST be signed and recorded prior to construction of any SID facilities, or
within its easements.
Any changes to the existing iITigation system such as relocation, water delivery, tiling, and
landscaping must be approved by Settlers Irrigation District's Board of Directors.
All storm drainage must be retained on-site.
The development must supply pressure irrigation access to all lots within the above-mentioned
subdivision from the current delivery point. If the developer wishes to have SID own, operate,
and maintain the pressure iITigation system an agreement must be in place prior to the pre-
construction meeting.
Exhibit B - Page 9
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 14,2006
C. Legal Description
L~!Ja' Description
James Property
A parcellocatod in Ihe NE 1/1 of the NE 'I. of Section 36, Township 4 North, Range 1 West
Boise Meridian, Ada County. Idaho. and more particularly described as faljews:
Commencing al a brass cap monument marking Ihe northeast corner of said SectIon 36,
(rom which a 5/8 ¡rIch diameter iron pin marking the northwest corner of said NE '/0 of Itle
NE 'I. bears N 89"54'16" W a distance of 1340.89 leet:
Thence N 89"54'16" W along the northerly boundary of said NE II¡ of the NE ,/, a distMce
of 290,00 feel 10 a 5/8 inch diameter iron pin and the POINT OF BEGINNING;
Thence leaving said northerly boundary S 0'02'52" W a distance of 834.83 l'Jollo a 5/8
Inch diameter Iron pin;
Thence S 89"54'16" E a distance of 290.00 feet to a 5/8 inch diameter iron pin all tho
easterly boundary of said NE 'J" of the NE '14;
Thence along said easterly boundary S 0"02'52" W a distance of 495.36 leol to a 5/8 inch
diameter iron pin marking the southeast corner of said NE '.;:' of Ihe NE '.-<1;
Thence N B9 °45'18" W along Ihe southerly bou ndary of said NE 9:' ollhe NE i¡" a distance
of 1340.60 feet to a 5/8 inch diameter Iron pin marking tho southwest comer of said NE I~
01 the NE VI;
Thence N 0'02'06" E along the westerly boundary 01 said NE V. of the NE 1,4 a distance of
1326.70 feel to a 5/8 inch diameler iron pin marking the norlhwesl comer of said NEV. 01
the NE '/4;
Thence S 89"54'16" E along the northerly boundary of said ME 'I; 01 the NE % a disl<Jflce
of 1050,89 laello the POINT OF BEGINNING.
This parcel contains 35,33 acres and is subject 10 any
easements existing or in use,
,
REVIEW APP~\I~} !....-
BY -,," .-""-'-.-
Clinton W. Hansen, PLS
Land SolUlions, PC
Revised - September 29,2005
MERIOIAN PUBLIC
WQR!I.$ DEPT,
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Exhibit C - Page 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 14,2006
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 14, 2006
D. Required Findings from Unified Development Code
I. Annexation Findings:
Upon recommendation from the Commission, the Council shall make a full investigation
and shall, at the public hearing, review the application. In order to grant an annexation
and/or rezone, the Council shall make the following findings:
1.
The map amendment complies with the applicable provisions of the comprehensive
plan;
The applicant is proposing to zone all of the subject property to R-8. Council finds that
the proposed zoning map amendment complies with the applicable provisions of the
comprehensive plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the
Staff Report.
The map amendment complies with the regulations outlined for the proposed
district, specifically the purpose statement;
Council finds that single-family residential uses are allowed within the requested zoning
district of R-8. Medium Density Residential pennits the establishment of residential uses
and is designed to protect the integrity of residential development by prohibiting the
intrusion of incompatible nonresidential uses. The accompanying plat demonstrates the
land will be developed with lot sizes, housing types and other dimensional requirements
that conform to the proposed zoning designation.
The map amendment shall not be materially detrimental to the public health, safety,
and welfare;
Council finds that the proposed zoning amendment will not be detrimental to the public
health, safety, or welfare. Staff recommends that the Commission and Council rely on
any oral or written testimony that may be provided when determining this finding.
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 fmds that the proposed zoning amendment will not result in any adverse impact
upon the delivery of services by any political subdivision providing services to this site.
2.
3.
4.
5.
The annexation is in the best of interest of the City (UDC 11-5B-3.E).
The R-8 zoning amendment will provide lots that are similar in nature to existing
subdivisions in the near vicinity. Council fmds that all essential services are available or
will be provided by the developer to the subject property and will not require
unreasonable expenditure of public funds. The applicant is proposing to develop the land
in general compliance with the City's Comprehensive Plan. This is a logical expansion
of the City limits. In accordance with the fmdings listed above, Council fmds that
Annexation and Zonine of this property to R-8 would be in the best interest of the Citv.
2. 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:
Exhibit D - Page 1
CITY OF MERIDIAN PLANNrNG DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 14,2006
5.
6.
Exhibit D - Page 2
1,
The plat is in conformance with the Comprehensive PIau;
Council finds that the proposed application is in substantial compliance with the adopted
Comprehensive Plan, and the land use designation change proposed for this property with
the North Meridian Area Comprehensive Plan Amendment. Council generally supports
the proposed plat layout and proposed density as they comply with the provisions of the
Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of
the Staff Report.
2.
Public services are available or can be made available and are adequate to
accommodate the proposed development;
3.
Council fmds that public services are available to accommodate the proposed
development. (See finding Items 3 and 4 above under Annexation Findings for more
details. )
The plat is in conformance with scheduled public improvements in accord with the
City's capital improvement program;
4.
Because the developer is installing sewer, water, and utilities for the development at their
cost, Council finds that the subdivision will not require the expenditure of capital
improvement funds.
There is public financial capability of supporting services for the proposed
development;
The Council finds that supporting services are available to support the proposed
development. Staff recommends the Commission and Council rely upon comments from
the public service providers (i.e., police, fIre, ACHD, etc.) to detennine this finding. (See
finding "Items 3 and 4 above under Annexation Findings above, and the Agency
Comments and Conditions in Exhibit B for more detail.)
The development will not be detrimental to the public health, safety or general
welfare; and
Council is not aware of any health, safety or envirorunental problems associated with the
development of this subdivision that should be brought to the Councilor Commission's
attention. ACHD considers road safety issues in their analysis.
The development preserves significant natural, scenic or historic features.
Council is unaware of any natural, scenic or historic features on this site. Therefore,
Council frods that the proposed development will not result in the destruction, loss or
damage of any natural, scenic or historic feature( s) of maj or importance.
,w"
"--.....~-