Friendship Subdivison H-2021-0083 Annexation (2022-045751) ADA COUNTY RECORDER Phil McGrane 2022-045751
BOISEIDAHO Pgs=36 NIKOLA OLSON 05/11/2022 10:14 AM
CITY OF MERIDIAN, IDAHO NO FEE
DEVELOPMENT AIGREEMENT
PARTIES:- I. City of Meridian
2. TAB Holdings,LLC, Owner/Developer
THIS DE XELO PMENT AGREEMENT(this.Agreement),is made and entered into this
day o' 2022, by and between City of Meridian, a municipal corporation of the
State of Idlollitfler called CITY whose address is 33 E.Broadway Avenue, Meridian,Idaho 83642,
and TAB Holdings,LLC,whose address is 24630 Shanty Lane,Caldwell,ID 83607-5545,hereinafter
called OWNER/DEVELOPER.
1. RECITALS:
1.1 WHEREAS, Owner/Developer is the sole owtier, in law and/or equity, of
certain tract of land in the County of Ada, State of Idaho, described in Exhibit
"A7., which is attached hereto and by this reference incorporated herein as if set
forth in full, herein after referred to as the Property; and
1.2 WHEREAS, Idaho Code § 67-6511 A provides that cities may, by ordinance,
require or permit as a condition of zoning that the Owner/Developer make a
written commitment concerning the use or development of the subject Property;
and
1.3 WHEREAS, City has exercised its statutory authority by the enactment of
Section 11-513-3 of the Unified Development Code("UDC") which authorizes
development agreements upon the annexation and/or re-zoning of land; and
1.4 WHEREAS!( caner`Developer have submitted an application for an annexation
and rezone of 1.0'06 acres of land to the R4 (Medium Density Residential)
zoning district on the property as shown in Exhibit "A" under the Unified
Development Code, which generally describes how the Property will be
developed and what improvements will be made-, and
1.5 WHEREAS, Owner/Developer made representations at the public hearings
before Planning.and Zoning Commission and the Meridian City Council,as to
how the Property will be developed and what improvements willbe made,and
1.6 WHEREAS, the record of the proceedings for requested rezoning held before
Planning and Zoning Commission and the City Council, includes responses of
DEvELoPMENTA(ifal�,'M],,'.NT—FRIENI.)SHIP SIJBDIVISION(1-1-2021-0083) PACJ:. 1 OF 7
government subdivisions providing services within the City of Meridian
planning jurisdiction, and includes further testimony and comment; and
1.7 WHEREAS,on the 19th day of April,2022,the Meridian City Council approved
certain Findings of Fact and Conclusions of Law and Decision and Order
("Findings"),which have been incorporated into this Agreement and attached as
Exhibit"B'; and
1.8 WHEREAS, the Findings require the Owner/Developer to enter into a
Development Agreement before the City Council takes final action on final plat;
and
1.9 WHEREAS, Owner/Developer deem it to be in its best interest to be able to
enter into this Agreement and acknowledges that this Agreement was entered
into voluntarily and at its urging and request; and
1.10 WHEREAS, City requires the Owner/Developer to enter into a development
agreement for the purpose of ensuring that the Property is developed and the
subsequent use of the Property is in accordance with the terms and conditions of
this Agreement,herein being established as a result of evidence received by the
City in the proceedings for zoning designation from government subdivisions
providing services within the planning jurisdiction and from affected property
owners and to ensure zoning designation are in accordance with the amended
Comprehensive Plan of the City of Meridian on December 19,2019,Resolution
No. 19-2179, and the UDC, Title 11.
NOW,THEREFORE,in consideration of the covenants and conditions set forth herein,
the parties agree as follows:
2. INCORPORATION OF RECITALS: That the above recitals are contractual and
binding and are incorporated herein as if set forth in full.
3. DEFINITIONS: For all purposes of this Agreement the following words,terms, and
phrases herein contained in this section shall be defined and interpreted as herein provided for,unless
the clear context of the presentation of the same requires otherwise:
3.1 CITY: means and refers to the City of Meridian, a party to this Agreement,
which is a municipal Corporation and government subdivision of the state of
Idaho, organized and existing by virtue of law of the State of Idaho, whose
address is 33 East Broadway Avenue, Meridian, Idaho 83642.
3.2 OWNER/DEVELOPER: means and refers to TAB Holdings, LLC, whose
address is 24630 Shautzy Lane, Caldwell, ID 83607-5545, hereinafter called
OWNER/DEVELOPER,the party that owns and is developing said Property and
shall include any subsequent owners(s)/developer(s) of the Property.
DEVELOPMENT AGREEMENT-FRIENDSHIP SUBDIVISION(H-2021-0083) PAGE 2 OF 7
3.3 PROPERTY: means and refers to that certain parcel(s)of Property located in
the County of Ada, City of Meridian as in Exhibit "A" describing a parcel to
bound by this Development Agreement and attached hereto and by this reference
incorporated herein as if set forth at length.
4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right
to develop the Property in accordance with the terms and conditions of this Agreement.
4.1 The uses allowed pursuant to this Agreement are only those uses allowed under
the UDC.
4.2 No change in the uses specified in this Agreement shall be allowed without
modification of this Agreement.
5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY:
5.1. Owner/Developer shall develop the Property in accordance with the following
special conditions:
a. Future development of this site shall be generally consistent with the preliminary plat,
landscape plan and conceptual building elevations for the single-family dwellings
included in Section VII of the Staff Report attached to the Findings of Fact and
Conclusions of Law attached hereto as Exhibit`B",and the provisions contained herein.
b. Prior to City Engineer signature on a final pat,the existing home shall be connected to
City utilities.
C. Prior to signature on the final plat, the existing home will be required to vacate the
existing access to N. Chinden Blvd. via N. Elk Ranch Ln. and take access through the
proposed Friendship subdivision via the proposed E. Lockhart St. in accord with UDC
11-3H-4.
6. COMPLIANCE PERIOD This Agreement must be fully executed within six (6)
months after the date of the Findings for the annexation and zoning or it is null and void.
7. DEFAULT/CONSENT TO DE-ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
7.1 Acts of Default.In the event Owner/Developer,or 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 connection with the Property,this Agreement may be terminated by
the City upon compliance with the requirements of the Zoning Ordinance.
7.2 Notice and Cure Period. In the event of Owner/Developer's default of this agreement,
Owner/Developer shall have thirty(30)days from receipt of written notice from City to
initiate commencement of action to correct the breach and cure the default, which
action must be prosecuted with diligence and completed within one hundred eighty
DEVELOPMENT AGREEMENT—FRIENDSHIP SUBDIVISION(H-2021-0083) PAGE 3 OF 7
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(180) days; provided, however, that in the case of any such default that cannot with
diligence be cured within such one hundred eighty (180) day period, then the time
allowed to cure such failure may be extended for such period as may be necessary to
complete the curing of the same with diligence and continuity.
7.3 Remedies. In the event of default by Owner/Developer that is not cured after notice
from City as described in Section 7.2, City shall, upon satisfaction of the notice and
hearing procedures set forth in Idaho Code section 67-6511A,have the right,but not a
duty, to de-annex all or a portion of the Property, reverse the zoning designations
described herein, and terminate City services to the de-annexed Property, including
water service and/or sewer service.Further,City shall have the right to file an action at
law or in equity to enforce the provisions of this Agreement. Because the covenants,
agreements,conditions,and obligations contained herein are unique to the Property and
integral to City's decision to annex and/or re-zone the Property, City and
Owner/Developer stipulate that specific performance is an appropriate, but not
exclusive, remedy in the event of default. Owner/Developer reserves all rights to
contest whether a default has occurred.
7.4 Choice of Law and Venue.This Agreement and the rights of the parties hereto shall be
governed by and construed in accordance with the laws of the State of Idaho,including
all matters of construction,validity,performance,and enforcement.Any action brought
by any party hereto shall be brought within Ada County, Idaho.
7.5 Delay. In the event the performance of any covenant to be performed hereunder by
either Owner/Developer or City is delayed for causes that are beyond the reasonable
control of the party responsible for such performance, which shall include, without
limitation, acts of civil disobedience, strikes or similar causes, the time for such
performance shall be extended by the amount of time of such delay.
7.6 Waiver.A waiver by City of any default by Owner/Developer of any one or more of the
covenants or conditions hereof shall apply solely to the default and defaults waived and
shall neither bar any other rights or remedies of City nor apply to any subsequent
default of any such or other covenants and conditions.
8. INSPECTION: Owner/Developer shall,immediately upon completion of any portion
or the entirety of said development of the Property as required by this Agreement or by City ordinance
or policy,notify the City Engineer and request the City Engineer's inspections and written approval of
such completed improvements or portion thereof in accordance with the terms and conditions of this
Agreement and all other ordinances of the City that apply to said Property.
9. REQUIREMENT FOR RECORDATION: City shall record this Agreement,
including all of the Exhibits,and submit proof of such recording to Owner/Developer,prior to the third
reading of the Meridian Zoning Ordinance in connection with the re-zoning of the Property by the City
Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in
connection with the annexation and zoning of the Property contemplated hereby,the City shall execute
and record an appropriate instrument of release of this Agreement.
DEVELOPMENT AGREEMENT—FRIENDSHIP SUBDIVISION(H-2021-0083) PAGE 4 OF 7
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Item#9.
10. ZONING: City shall, following recordation of the duly approved Agreement, enact a
valid and binding ordinance zoning the Property as specified herein.
11. SURETY OF PERFORMANCE: The City may also require surety bonds,irrevocable
letters of credit,cash deposits,certified check or negotiable bonds,as allowed under the UDC,to insure
the installation of required improvements,which the Owner/Developer agree to provide,if required by
the City.
12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued in
any phase in which the improvements have not been installed,completed,and accepted by the City,or
sufficient surety of performance is provided by Owner/Developer to the City in accordance with
Paragraph 11 above.
13. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agree to abide by all
ordinances of the City of Meridian unless otherwise provided by this Agreement.
14. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be
deemed delivered if and when personally delivered or three(3)days after deposit in the United States
Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows:
CITY: with copy to:
City Clerk City Attorney
City of Meridian City of Meridian
33 E. Broadway Ave. 33 E. Broadway Avenue
Meridian, Idaho 83642 Meridian, Idaho 83642
OWNER/DEVELOPER:
TAB Holdings, LLC, Thayne A. Boren, Manager/Member
24630 Shautzy Lane
Caldwell, ID 83607-5545
14.1 A party shall have the right to change its address by delivering to the other party a
written notification thereof in accordance with the requirements of this section.
15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto
concerning this Agreement,the prevailing party shall be entitled, in addition to any other relief as may
be granted, to court costs and reasonable attorney's fees as determined by a Court of competent
jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall
survive any default, termination or forfeiture of this Agreement.
16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is
strictly of the essence with respect to each and every term, condition and provision hereof,and that the
failure to timely perform any of the obligations hereunder shall constitute a breach of and a default
under this Agreement by the other party so failing to perform.
DEVELOPMENT AGREEMENT—FRIENDSHIP SUBDIVISION(H-2021-0083) PAGE 5 OF 7
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17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to
the benefit of the parties' respective heirs, successors, assigns and personal representatives, including
City's corporate authorities and their successors in office. This Agreement shall be binding on the
Owner/Developer, each subsequent owner and any other person acquiring an interest in the Property.
Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except
that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners
shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees,upon
written request of Owner/Developer,to execute appropriate and recordable evidence of termination of
this Agreement if City,in its sole and reasonable discretion,had determined that Owner/Developer have
fully performed their obligations under this Agreement.
18. INVALID PROVISION: If any provision of this Agreement is held not valid by a court
of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the
invalidity thereof shall not affect any of the other provisions contained herein.
19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided, each party
shall act reasonably in giving any consent, approval, or taking any other action under this Agreement.
20. COOPERATION OF THE PARTIES: In the event of any legal or equitable action or
other proceeding instituted by any third party(including a governmental entity or official)challenging
the validity of any provision in this Agreement,the parties agree to cooperate in defending such action
or proceeding.
21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements,
agreements, condition and understandings between Owner/Developer and City relative to the subject
matter hereof,and there are no promises,agreements,conditions or understanding,either oral or written,
express or implied, between Owner/Developer and City, other than as are stated herein. Except as
herein otherwise provided,no subsequent alteration,amendment,change or addition to this Agreement
shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors
in interest or their assigns,and pursuant,with respect to City,to a duly adopted ordinance or resolution
of City.
21.1 No condition governing the uses and/or conditions governing re-zoning of the subject
Property herein provided for can be modified or amended without the approval of the
City Council after the City has conducted public hearing(s)in accordance with the notice
provisions provided for a zoning designation and/or amendment in force at the time of
the proposed amendment.
22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the
date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in
connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk.
[end of text; acknowledgements, signatures and Exhibits A and B follow]
DEVELOPMENT AGREEMENT—FRIENDSHIP SUBDIVISION(H-2021-0083) PAGE 6 OF 7
Page 87
5-10-2022
5-10-2022
10th
May
Meridian, Idaho
3-28-2022
EXHIBIT A
Item#9.
B & A Engineers, Inc.
Consulting Engineers & Land Surveyors
5505 West Franklin Rd. Boise, ID 83705
Telephone 208.343.3381 Facsimile 208.342.5792
Established in 1921
Friendship Subdivision
Boundary Description
30 September 2021
Lot 2 of Block 1 of Blythe Estates Subdivision, as shown on the official plat
thereof on file in the office of the Ada County, Idaho, Recorder, being the southeast
quarter of the northeast quarter of the northwest quarter of Section 30, Township 4
North, Range 1 East, Boise Meridian, Ada County, Idaho, and being more particularly
described as follows:
Commencing at the northwest corner of said Section 30; thence N89045'12"E,
2,420.71 feet along the northerly boundary of said Section 30 to the north quarter corner
of said Section 30; thence S00°06'46"W, 664.69 feet along the easterly boundary of
northwest quarter of said Section 30 to the northeast corner of said Lot 2, which is the
Point of Beginning:
Thence continuing S00006'46°W, 664.69 feet along the easterly
boundary of said Lot 2 to the southeast corner of said Lot 2;
Thence S89043'32"W, 658.96 feet along the southerly boundary of
said Lot 2 to the southwest corner of said Lot 2;
Thence N00005'51»E, 664.85 feet along the westerly boundary of
said Lot 2 to the northwest corner of said Lot 2;
Thence N89°44'22°E, 659.14 feet along the northerly boundary of
said Lot 2 to the Point of Beginning.
Comprising 10.058 Acres, more or less.
Subject to all existing easements and rights-of-way of record or apparent.
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ttem#s. EXHIBIT B
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW (:>WE IDIAN;—'
AND DECISION& ORDER
In the Matter of the Request for Annexation of 10.06 Acres of Land with the R-8 Zoning District
and Preliminary Plat to allow 38 building lots and 7 common lots,by Centurion Engineers.
Case No(s). H-2021-0083
For the City Council Hearing Date of: March 15,2022 (Findings on March 15,2022)
A. Findings of Fact
I. Hearing Facts(see attached Staff Report for the hearing date of March 15, 2022,incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of March 15, 2022, incorporated by
reference)
3. Application and Property Facts(see attached Staff Report for the hearing date of March 15, 2022,
incorporated by reference)
4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing
date of March 15,2022, incorporated by reference)
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use
Planning Act of 1975,"codified at Chapter 65,Title 67, Idaho Code (I.C. §67-6503).
2. The Meridian City Council takes judicial notice of its Unified Development Code codified as
Title 11 Meridian City Code,and all current zoning maps thereof. The City of Meridian has, by
ordinance,established the Impact Area and the Comprehensive Plan of the City of Meridian,
which was adopted December 17, 2019, Resolution No. 19-2179 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A.
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not impose
expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Decision,which shall be
signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the
Community Development Department, the Public Works Department and any affected party
requesting notice.
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of March 15, 2022, incorporated by reference. The conditions are concluded to be
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(FRIENDSHIP SUBDIVISION—FILE#H-2021-0083)
- ] -
Page 91
Item#9.
reasonable and the applicant shall meet such requirements as a condition of approval of the
application.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon
the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that:
1. The applicant's request for annexation and preliminary plat is hereby approved per the
conditions of approval in the Staff Report for the hearing date of March I5,2022,attached as
Exhibit A.
D. Notice of Applicable Time Limits
Notice of Preliminary Plat Duration
Please take notice that approval of a preliminary plat, combined preliminary and final plat,or
short plat shall become null and void if the applicant fails to obtain the city engineer's signature
on the final plat within two(2)years of the approval of the preliminary plat or the combined
preliminary and final plat or short plat(UDC 11-613-7A).
In the event that the development of the preliminary plat is made in successive phases in an
orderly and reasonable manner,and conforms substantially to the approved preliminary plat,
such segments,if submitted within successive intervals of two(2)years,may be considered for
final approval without resubmission for preliminary plat approval(UDC I 1-613-713).
Upon written request and filed by the applicant prior to the termination of the period in accord
with I I-613-7.A,the Director may authorize a single extension of time to obtain the City
Engineer's signature on the final plat not to exceed two (2)years.Additional time extensions up
to two (2) years as determined and approved by the City Council may be granted. With all
extensions, the Director or City Council may require the preliminary plat, combined
preliminary and final plat or short plat to comply with the current provisions of Meridian City
Code Title 11.If the above timetable is not met and the applicant does not receive a time
extension, the property shall be required to go through the platting procedure again (UDC I I-
613-7C).
Notice of Development Agreement Duration
The city and/or an applicant may request a development agreement or a modification to a
development agreement consistent with Idaho Code section 67-6511A. The development
agreement may be initiated by the city or applicant as part of a request for annexation and/or
rezone at any time prior to the adoption of findings for such request.
A development agreement may be modified by the city or an affected party of the development
agreement. Decision on the development agreement modification is made by the city council in
accord with this chapter. When approved, said development agreement shall be signed by the
property owner(s) and returned to the city within six(6)months of the city council granting the
modification.
A modification to the development agreement may be initiated prior to signature of the
agreement by all parties and/or may be requested to extend the time allowed for the agreement
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(FRIENDSHIP SUBDIVISION—FILE#H-2021-0083)
-2-
Page 92
Item#9.
to be signed and returned to the city if filed prior to the end of the six(6)month approval
period.
E. Judicial Review
Pursuant to Idaho Code § 67-6521(1)(d), if this final decision concerns a matter enumerated in Idaho
Code § 67-6521(1)(a), an affected person aggrieved by this final decision may,within twenty-eight
(28)days after all remedies have been exhausted, including requesting reconsideration of this final
decision as provided by Meridian City Code § 1-7-10,seek judicial review of this final decision as
provided by chapter 52,title 67, Idaho Code. This notice is provided as a courtesy; the City of
Meridian does not admit by this notice that this decision is subject to judicial review under LLUPA.
F. Notice of Right to Regulatory Takings Analysis
Pursuant to Idaho Code §§ 67-652 1(1)(d) and 67-8003,an owner of private property that is the
subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory
takings analysis.
G. Attached: Staff Report for the hearing date of March 15,2022
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(FRIENDSHIP SUBDIVISION—FILE#H-2021-0083)
-3-
Page 93
Item#9.
By action of the City Council at its regular meeting held on the 19th day of April
2022
COUNCIL PRESIDENT BRAD HOAGLUN VOTED AYE
COUNCIL VICE PRESIDENT JOE BORTON VOTED AYE
COUNCIL MEMBER JESSICA PERREAULT VOTED
COUNCIL MEMBER LUKE CAVENER VOTED AYE
COUNCIL MEMBER TREG BERNT VOTED AYE
COUNCIL MEMBER LIZ STRADER VOTED AYE
MAYOR ROBERT SIMISON VOTED
(TIE BREAKER)
Mayor Robert E. i on 4-19-2022
Attest:
R117IAN4�-
AL
Chris John n 4-1
City Clerk
Copy served upon Applicant, Community Development Department,Public Works Department and City
Attorney.
By: Cba<� Dated: 4-19-2022
City Clerk's Office
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(FRIENDSHIP SUBDIVISION—FILE#H-2021-0083)
-4- Page 94
Item#9.
STAFF REPORT C�
W IDIAN
COMMUNITY DEVELOPMENT DEPARTMENT
HEARING 3/15/2022 Legend
DATE:
�F•c:�v- E�a-cr
TO: Mayor& City Council
FROM: Alan Tiefenbach _ ---- ---
208-884-5533 '^
am
5
SUBJECT: AZ,PP-H-2021-0083 „
Friendship Subdivision
LOCATION: 6168 N.Elk Ranch Ln, located near the
southeast corner of N. Meridian Rd and ��F�� •
E. Chinden Blvd. '(
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I. PROJECT DESCRIPTION
Annexation of 10.06 acres of land with the R-8 zoning district and preliminary plat to allow 41
building lots and 7 common lots.
II. SUMMARY OF REPORT
A. Project Summary
Description Details
Acreage 10.06
Future Land Use Designation Medium Density Residential 8-12 du/acre
Existing Land Use(s) I single family residence
Proposed Land Use(s) Single Family Residential
Lots(#and type;bldg./common) 41 building lots,7 open space lots
Phasing Plan(#of phases) 1 phase
Number of Residential Units(type 41
of units)
Density(gross&net) 4.1 du/ac gross
Open Space(acres,total 1.09 ac qualified open space(10.8%)
[%]/buffer/qualified)
Amenities One amenity is required,applicant is proposing tot lot,
picnic table and benches.
Physical Features(waterways, A Settlers Irrigation canal bisects the property at a 45-
hazards,flood plain,hillside) degree angle;this is being relocated and piped.
Neighborhood meeting date;#of August 6,2021—5 attendees I
attendees:
Page 1
Page 95
Item#9.
Description Details
History(previous approvals) This property was proposed for annexation,zoning to R-8
and plat for 48 lots as the Bull Ranch Subdivision in 2015
(AZ 15-013,PP 15-0I7).This was subsequently denied by
the Council with density being cited as a primary concern.
B. Community Metrics
Description Details
Ada County Highway District Re ort Pending,preliminary comments submitted
• Staff report(yes/no) Yes
Access(Arterial/Collectors/State I N.Elk Ranch Rd is a private road which provides access
Hwy/Local)(Existing and Proposed) from W.Chinden Rd to the subject property.
Stub Street/Interconnectivity/Cross Subdivision will stub to three local streets—E.Lockhart St.
Access to the west,E.Tallinn St to the east,and N. Senita Hills to
the south.A fourth stub is provided to the church property
at the north.
Existing Road Network E.Lockhard St.,N. Senita Hills Ave.and E.Tallinn St.
N.Elk Ln to E.Chi nden is a private road.
Existing Arterial Sidewalks/ This is an internal subdivision surrounded by local roads so
Buffers no buffers are required.There are 5 ft.wide sidewalks
shown along all internal streets.
Proposed Road Improvements Applicant will be required to construct all local streets to
ACHD templates with 33 ft.travel lanes and 47 ft.right of
way.
Fire Service
• Distance to Fire Station 1.8 miles to Fire Station 5
• Fire Response Time <5 minutes
• Resource Reliability >80%
• Risk Identification 2,resources are adequate
• Accessibility Yes
• Special/resource needs Aerial device will be required
• Water Supply 1,000 gpm required
• Other Resources None
Police Service
• No comments
Wastewater
• Comments • Flow is committed
• No sewer services may cross infiltration trenches
• Must provide to-and-through to the property to
the north.
• Sewer to the north must end in a manhole and
preferably be in the Right of Way.If it is not in
the Right of Way it must have a 14 foot wide
access road that is built per City standards.
• Sewer mains must at a minimum have 3 foot of
cover above the pipe.This is not met with
Manhole number 11 and Manhole number 12.
Water
• Distance to Water Services Directly Adjacent
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Item#9.
III. APPLICANT INFORMATION
A. Applicant Representative:
Kaili Worth, Centurion/B&A Engineers—5505 W. Franklin Rd,Boise, ID, 83705
B. Owner:
Thomas Buck Trust—6168 N. Elk Ranch Ln, Meridian, ID 83646
IV. NOTICING
Planning& Zoning City Council
Posting Date Posting Date
Newspaper Notification 12/21/2021 1/30/2022
Radius notification mailed to
properties within 300 feet 12/15/2021 1/31/2022
Nextdoor posting 12/16/2021 1/31/2022
Sign Posting 12/20/2021 1/21/2022
V. STAFF ANALYSIS
A. Annexation:
The proposed annexation area is contiguous to City annexed property and is within the Area of
City Impact Boundary. To ensure the site develops as proposed by the applicant, staff is
recommending a development agreement as part of the annexation approval.
B. Zoning
The applicant proposes to annex this property with the R-8 zoning district. As mentioned in the
dimensional standards below,the plat meets all requirements of the R-8 zoning district and the lot
sizes as proposed are consistent with the density designations of the future land use map, but staff
does have concerns with the transition to the south and the alignment of lots to the east and is
further explained in the Comprehensive Plan Policy section below.
C. Future Land Use Map Designation(bi%ps:llwww.meridiancLty.or-elcompnian
This property is designated Medium Density Residential on the City's Future Land Use Map
(FLUM)contained in the Comprehensive Plan. This designation allows for dwelling units at
gross densities of three to eight dwelling units per acre. Density bonuses may be considered with
the provision of additional public amenities such as a park, school,or land dedicated for public
services.
The annexation area is near existing public services and is surrounded on three sides by the City
limits. The proposed land use of single family residential is consistent with the recommended
uses in the FL UM designation. The proposed project has a gross density of 4.1 dulac, being on
the low end of the allowed density range listed above. Therefore, Stafffands the proposed
preliminary plat and requested R-8 zoning district to be generally consistent with the Future
Land Use Map designation of Medium Density Residential,
The City may require a development agreement (DA) in conjunction with an annexation pursuant
to Idaho Code section 67-6511A. In order to ensure the site develops as proposed with this
application, staff recommends a DA as a provision of annexation with the provisions included in
Section LYA. The DA is required to be signed by the property owners)/developer and returned to
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Item#9.
the City within G months of the Council granting the annexation for approval by City Council and
subsequent recordation.
D. Comprehensive Plan Policies(ht s.//www.meridianci .or /com !an
• Encourage a variety of housing types that meet the needs, preferences,and financial capabilities
of Meridian's present and future residents. (2.01.02D)
The proposed traditional single-family detached homes will contribute to the variety of
residential categories in the City; however, there is no variety in housing types proposed within
the development. The Birkdale Estates Subdivision is to the west(R-2), the Hightower Subdivision
is to the east(R-8) and the Saguaro Canyon Subdivision (R-4) is to south, with an existing church
on RUT zoned property in the County directly north. Given the property is completely
surrounded by single-family detached, single family detached with comparable lot sizes is
appropriate for the subject property. Staff does have concerns regarding whether there is an
appropriate transition in lots sizes to the properties in the Saguaro Canyon Subdivision to the
south as is discussed below.
• With new subdivision plats,require the design and construction of pathway connections, easy
pedestrian and bicycle access to parks, safe routes to schools, and the incorporation of usable
open space with quality amenities."(2.02.01A)
The proposed plat depicts 5 ft. wide attached sidewalks on both sides of roads internal to the
subdivision. The pathways master plan does not indicate any pathways crossing the site. There
are several micro pathways providing access to the qualified open space as well as connecting to
an existing micro pathway at the Birkdale Estates Subdivision to the west.
Qualified open space and amenities are discussed below.
+ "Require pedestrian access in all new development to link subdivisions together and promote
neighborhood connectivity."(2.02.01D)
As mentioned above, 5 ft. wide attached sidewalks are provided along all internal roadways and
a pathway connection is provided to the existing pathway at the Birkdale Estates Subdivision at
the west.
"Permit new development only where it can be adequately served by critical public facilities and
urban services at the time of final approval, and in accord with any adopted levels of service for
public facilities and services."(3.03.03F)
The development can be adequately served by critical public facilities and urban services. Water
and sewer will be provided from N. Senita Hills Ave., and the applicant will be required to extend
services to the north.
• Ensure that new development within existing residential neighborhoods is cohesive and
complementary in design and construction. (2.02.02F)
As mentioned, the Birkdale Estates Subdivision is to the west(R-2), the Hightower Subdivision is
to the east(R-8) and the Saguaro Canyon Subdivision (R-4) is to south, with an existing church
zoned RUT to the north. The lots at the southern perimeter of the property are proposed at sizes
between 5,000— 7,000 sq.ft and widths of between 50-70 ft. This is denser than the adjacent lots
of approximately 10,000 sq.ft. and 90'feet in width in the Saguaro Canyon Subdivision to the
south, and this would result in several of the existing properties abutting more than one lot(and
one residence) along the rear property lines. Staff recommends one of the lots shown as Lots 1-
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Item#9.
4 of Block 2 be eliminated and the remaining 3 lots be sized and oriented to be consistent with
Lots 1-3,Block 35 of the Saguaro Canyon Subdivision No 3 to the south.
The 5,200 sq.ft. +/-lots along the eastern perimeter are very comparable in size to the lots in the
Hightower Subdivision to the east, although staff believes the side lot lines could align better with
the adjacentproperties for more cohesive fence lines and easier differentiation ofproperty
ownership.As a condition of approval,staff recommends Lots 1-10,Block I along the eastern
perimeter he configured so their property lines align with Lots 4-II,Block 10 in the Hightower
Subdivision to the east.
This development proposes architecture consisting of one and two-story homes with pitched
roofs, stone bases fishscale accents and/or lap siding with gabled roofs and dormers, which is
consistent with the architecture in surrounding subdivisions.
E. Existing Structures/Site Improvements:
There is one existing single-family residence which will be retained on Lot 9 of Block 3.As a
condition of annexation,this house should be required to connect to City water and sewer service
and obtain a new address since the access to N. Elk Ranch Ln. will be terminated.
F. Proposed Use Analysis:
Single-family detached dwellings are listed as a principally permitted use in the R-8 zoning
districts in UDC Table 11-2A-2.
G. Dimensional Standards(UDC 11-2);
The preliminary plat and future development is required to comply with the dimensional
standards listed in UDC Table 1 i-2A-6 for the R-8 district. All proposed lots and public streets
appear to meet UDC dimensional standards per the submitted preliminary plat. This includes
minimum lot size of 4,000 sq. ft., and required street frontages of at least 40 ft. Development of
the subdivision is required to comply with the subdivision design and improvement standards
listed in UDC 1 I-6C-3. However, it should be noted that this property was proposed for
annexation, zoning to R-8 and plat for 48 lots as the Bull Ranch Subdivision in 2015 (AZ 15-013,
PP 15-017). It was subsequently denied by the Council with density being cited as a primary
concern and that R-4 or R-2 was preferable to more R-8 zoned property.
UDC 11-6C-3-regulates block lengths for residential subdivisions. Staff has reviewed the
submitted plat for conformance with these regulations. The intent of this section of code is to
ensure block lengths do not exceed 750 ft,although there is the allowance of an increase in black
length to 1,000 feet if a pedestrian connection is provided. No block length exceeds 750 ft.
There are no common driveways proposed with this subdivision.
H. Access(UDC 11-3A_3 :
This subdivision proposes to connect to three existing local streets which already stub at the
property—E.Lockhard St.to the west,E.Tall in St.to the east, and N. Sanita St.to the south. The
plat also provides a stub street to the church property at the north in case some or all of this
property redevelops in the future. The street sections provided with the plat reflect templates of
33 ft. of travel lane(curb to curb),curb, gutter, 5 ft. wide sidewalks, and a 47 ft.right-of-way.
N. Elk Ranch Ln., a private road,provides access from the subject property to E.Chinden Blvd.
UDC I 1-H-4 states when a property has an existing access from a State Highway and an
applicant proposes a change or increase in intensity of use,the owner shall develop or otherwise
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Item#9.
acquire access to a street other than the state highway. The use of the existing approach shall
cease and the approach shall be abandoned and removed.As a condition of approval,staff
recommends the applicant vacate all interest in the N. Ells Ranch Ln. private street,as the
property already has three existing access points from local roads.
ACHD has noted a traffic study is not required with this subdivision and has not offered any other
comments.
I. Parking(UDC I1_30:
Off-street parking is required to be provided in accord with the standards listed in UDC Table 1I-
3C-6 for single-family detached dwellings based on the number of bedrooms per unit. Future
development should comply with these standards.
J. Pathways( UDC 11-3A-8):
The pathways master plan does not indicate any pathway connections across or along the
property. The landscape plan reflects micro-pathways comprised of concrete within Common
Lots 1 and 17, Block 1,Lot 8,Block 3 and Lot 1 Block 4. There is also a pathway connection to
an existing micro-pathway in the Birkdale Estates Subdivision to the west.
All internal streets contain 5 ft. wide attached sidewalks which is consistent with the three local
streets stubbing to the property.
K. Sidewalks(UDC I1 3A-1 D:
Five-foot attached sidewalks are proposed along internal streets in accord with the standards
listed in UDC 11-3A-17.
L. Landscaping(UDC 11-3B):
UDC 11-2A-6 does not require landscape buffers along local streets, which are all the streets
bordering and within the subject property. An open space exhibit was submitted as will be
discussed below.
The landscape plan indicates there are existing trees that are to be removed or relocated,but does
not indicate whether they meet the preservations requirements of UDC 11-3B-10 or whether
mitigation is required. Staff recommends that prior to City Council,the applicant contact the City
Arborist and update the landscape plan accordingly.
M. Qualified Open Space(UDC 11.30:
This application was submitted prior to the increased qualified open space requirements of UDC
11-3G-3 and therefore this development is required to provide 10%of qualified open space. An
open space exhibit was submitted which reflects 14%of qualified open space is provided.This
includes a 40,761 sq. ft. landscaped park with playground and pathway at the western side of the
property(Lot 8,Block 3), 18,000 square foot(55' x 350' _/-)greenspace with pathway through
the middle of the site(Lots 1,Block 1 and 4), and 6,400 sq.ft.pathway common lots south of E
Lockhart St and at the northwest corner of the property(Lot 8,Block 4 and Lot 10, Block 5).
N. Qualified Site Amenities(UDC 11-3G):
Based on the area of the proposed plat(10 acres),under the previous regulations one amenity is
required.The proposed landscape plan depicts a playground,benches,tables and additional
walking paths. Prior to City Council,the applicant shall revise the landscape plan to indicate
specific details of the amenities.
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Item#9.
0. Waterways (UDC 11-3A-61:
The plat shows the North Slough is bisecting the property at a 45-degree angle north to south
being relocated and piped in accordance with UDC 11-3A-6. According to an exhibit provided
by the applicant(please refer to Section VI.)this ditch is being reconfigured toward the northwest
corner of the property.This reconfiguration effort should be coordinated with the irrigation
district.Also,per UDC 11-3A-6 requires irrigation easements wider than ten(10)feet to be
included in a common lot that is a minimum of twenty(20)feet wide and outside of a fenced
area.
P. Fencing(UDC 11-3A-6, I1-3A-�:
The applicant has not provided any details in regard to fencing.Any fencing shall meet the
requirements of 11-3A-6 and 11-3A-7.
Q. Utilities(UDC I1-3A-21):
Public services are available to accommodate the proposed development. Water and sewer will be
obtained from N. Senita Hills Ave. at the south and developer will be required to extend services
to the north.
R. Building Elevations(UDC 11-3A-19 I Architectural Standards Manuall:
The Applicant has submitted elevations of the single-family homes for this project(see Section
VI.F below).
The single-family homes are depicted as one and two-story structures with attached garages, and
a variety of architectural elements and finish materials including gabled roofs,fishscale accents,
covered porches, dormers,stone wainscoting, and lap siding. The submitted sample elevations
appear to meet design requirements for single-family homes and are consistent with the
architecture of existing surrounding residences.
VI. DECISION
A. Staff:
As the plat meets all requirements of the UDC and is consistent with the density designation of
the Comprehensive Plan, Staff recommends approval of the requested annexation, zoning and
preliminary plat with the conditions noted in Section IV. per the Findings in Section VIII.
B. P& Zoning Commission heard this item on January 2 2022 At the
public hearig&the Cornm*ssion moved to dpny the subjccLanngxation and re,
to
Summary of the Commigion public hpa
a� In favor: Joe Canning,Mike Homan
Motel,y expressed concerns with
Cornmentingo Joe Canning,Mike Hom=
c.
d. Written testimony: NonStaff presenting applicafion: Alan TiefenbAch
e.
Other Staff commenting on application: Nonr,
f.
2. Key issue(s) of public testimony:
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Item#9.
a Density,why it was being 12roj)owd for IL-8 versus R-4,
3. Kev issue(s)_of discussion by Commission:
a. Commissioners discussed what ameziies were being_provided_
b s_premier.
Amount and locatiQlk of open space, re functional and useable o
space could be nroyidbL
4. Commission change(s)to Staff recommendation:
ad
been stricken.
C. The Meridian City Couucil_heard this item on February 15,2022, At the public hearing the
Council mov o approve the subject tion and preliminary plat request.
-L Summaa of the City Council public hearing.
& In favor: Joseph Canning. Mire Homan
L IlLQl2l2S1 ' ion: Two citizens testified in onn�.
SL Written testimony ark Cleverlev submitted a letter in opposition The concern
was zoning to R-8 verses R_4•
L Other Staff commenting on appilgation: None
2, ue(s)of public testimony:
Zoning to R-8 verses R-4
3, Key issue(s) of cussion by City Council:
& Council discussed whether R-4 or R-8 was annrnnriate_
b, There was discussion regarding school overcrowding_
�L aMprovement in design and the open
space and roposed trails,
9, City Council change(s) to Commission recommendation:
;t, City Council directed the applicant to reduce the subdivision by 2 lots and return
with the updated plat and_draft development agreement at the March 15, 2022�
mectin
Page 9
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Item#9.
VII. EXHIBITS
A. Annexation and Rezoning Exhibit(date: 9/30/2021)
13 & A Engineers, Inc.
Cansalttng Engineers & Land Surveyors
5505 West Frankleq Rd. Boise, ID 83705
Telephone 208.343.,43112 FacslmYlr 208 342.5792
Established in I9ZI
Friendship Subdivision
Boundary Description
30 September 2021
Lot 2 of Block 1 of Blythe Estates Subdivision, as shown on the official plat
thereof on file in the office of the Ada County. Idaho, Recorder, being the southeast
quarter of the northeast quarter of the northwest quarter of Section 30, Township 4
North, Range 1 East. Boise Meridian, Ada County, Idaho, and tieing more particularly
described as follows'
Commencing at the northwest comer of said Section 30; thence N89045'12'E,
2,420,71 feet along the northerly boundary of said Section 30 to the north quarter comer
of said Section 30; thence S00°06'46"U11, 664.69 feet along the easterly boundary of
northwest quarter of said:Section 30 to the northeast corner of said Lot 2, which is the
Point of Beginning;
Thence continuing 500`06'46"W, 664.69 feet along the easterly
boundary of said Lot 2 to the southeast corner of said Lot 2;
Thence S89°43'32'W, 658,96 feet along the southerly boundary of
said Lot 2 to the southwest comer of said Lot 2;
Thence N00005'51"E, 664.85 feet along the westerly boundary of
said Lot 2 to the northwest comer of said Lot 2;
Thence N89°44'22"E, 659.14 feet along the northerly boundary of
said Lot 2 to the Point of Beginning.
Comprising 10.068 Acres, more or less,
Subject to all existing easements and rights-of-way of record or apparent.
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Page 10
Page 104
Item#9.
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B. Preliminary Plat{date: 42 WNQ42/22124221
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Page 106
Item#9.
C. Landscape Plan(date: '?''', 'z,QO2;-1/31
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Item#9.
D. Canal Relocation Plan(date: December 17, 2021)
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Page 14
Page 108
Item#9.
E. Common Open Space Exhibit(date: 12,12"�T 2 22)
® OJALIFIED OPEN SPACE (11-3G-3.0.1.A)
)JAUFIED OPEN SPACE (11-3G-3.B.1.E)
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Page 109
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Item#9.
VIII. CITY/AGENCY COMMENTS& CONDITIONS
A. PLANNING DIVISION
1. A Development Agreement(DA) is required as a provision of annexation of this property.
Prior to approval of the annexation ordinance, a DA shall be entered into between the City of
Meridian,the property owner(s)at the time of annexation ordinance adoption,and the
developer.
Currently, a fee of$303.00 shall be paid by the Applicant to the Planning Division prior to
commencement of the DA. The DA shall be signed by the property owner and returned to the
Planning Division within six(6)months of the City Council granting the annexation. The DA
shall,at minimum, incorporate the following provisions:
a. Future development of this site shall be generally consistent with the
preliminary plat, landscape plan and conceptual building elevations for the
single-family dwellings included in Section VII and the provisions contained
herein.
b. Prior to City Engineer signature on a final plat,the existing home shall be
connected to city utilities.
c. Prior to signature on the final plat,the existing home will be required to vacate
the existing access to N. Chinden Blvd via N. Elk Ranch Ln. and take access
through the proposed Friendship Subdivision via the proposed E. Lockhart St.
in accord with UDC 11-3H-4.
2. The Preliminary Plat included in Section VII,dated 9/9/21,is approved with the following
revisions:
a. The existing irrigation easement bisecting the property is to be relinquished and replaced
with a new easement as depicted on the submitted plans,prior to signature on the final
plat.
h One of the lets sh.....n as r 1 4 of Bleek� h 11 h 1• s,atea an the remaining3 lets
... One ..a ..�v avw shown��.:uv...a a r va u�v..i�L .�iiµii VV"l�
be sized and oriented to be a vniistetA with Lets 1 3,B 35 ef the C. .uare Canyon
e. Lots 1 4 0, Week 1 aleng 4he OaSteffi PeFkneter shall be eenfigufed so the pfopeAy lilies
al.bor.1 with Lets n_11, Bleek 19 in the 14i08..OF Sub diyisie..•to the east.
d. The plat notes shall include that Common Lots 1 of Block 1,Lot l of Block 4, Lot 8 of
Block 3 and Lot 10 of Block 5 are common lots that shall be owned and maintained by
the subdivision homeowner's association in accord with UDC 11-3G-5-C
3. Prior to signature on the final plat,the Landscape Plan dated September 24, 2021 included in
Section VII,dated 9/91I21, shall be revised as follows:
a. All pathways shall be landscaped in accord with UDC 11-3B-12 OR applicant shall
submit a concurrent alternative compliance application if the irrigation district will not
allow the required trees to be planted within their easement.
b. To be consistent with the preliminary plat in that irrigation easements wider than ten(10)
feet be included in a common lot that is a minimum of twenty(20) feet wide and outside
of a fenced area.
Page 17
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Item#9.
e. PetAs of the pFepesed amenities shall be ineliaded on the lafldseape plan.
d. The plan shall nete all existing tFees eligible&r-pr-@sefva4ieH anWer the G45,AFb8FiA'&
reeen eodatiens for-mitigation as��ed by UDC= 14 3B-14
4. Direct lot access to Chinden Boulevard is prohibited.
5. Prior to final plat,the existing Settlers Irrigation easement shall be vacated.
6. The applicant shall construct all proposed fencing and/or any fencing required by the UDC,
consistent with the standards as set forth in UDC l 1-3A-7 and l 1-3A-6B, as applicable.
7. The applicant shall comply with all provisions of 11-3A-3 with regard to access to streets.
8. The development shall comply with standards and installation for landscaping as set forth in
UDC 11-3B-5 and maintenance thereof as set forth in UDC 11-3B-13.
9. All ditches shall comply with the provisions for irrigation ditches, laterals,canals and/or
drainage courses, as set forth in UDC 11-3A-6.
10. Pathway and adjoining fencings and landscaping shall be constructed consistent with the
standards as set forth in UDC 11-3A-7A7, 11-3A-8 and 11-311-12C.
11. Comply with all bulk, use,and development standards of the R-8 zoning district listed in
UDC Table 11-2-A-6.
12. The development shall comply with all subdivision design and improvement standards as set
forth in UDC 11-6C-3, including but not limited to driveways, easements, blocks, street
buffers, and mailbox placement.
13. Off-street parking is required to be provided in accord with the standards listed in UDC Table
11-3C-6 for single-family detached dwellings based on the number of bedrooms per unit.
14. The Applicant shall have a maximum of two(2)years to obtain City Engineer's signature on
a final plat in accord with UDC 11-6B-7.
15. The Applicant shall comply with all conditions of ACHD.
16. The address of the existing home on hot 9,Block 3 will change with the development of
the proposed subdivision.The new address will be determined at the time the final
records and the City addresses the lots.
B. PUBLIC WORKS DEPARTMENT
SITE SPECIFIC CONDITIONS:
1. No sewer services may cross infiltration trenches
2. Must provide to-and-through to the property to the north.
3. Sewer to the north must end in a manhole and preferably be in the Right of Way. If it is not in
the Right of Way it must have a 14-foot-wide access road that is built per City standards.
4. Sewer mains must at a minimum have 3 foot of cover above the pipe. This is not met with
Manhole number 11 and Manhole number 12.
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5. The geotechnical investigative report prepared by B&A Engineers, Inc. indicates some very
specific construction considerations. The applicant shall be responsible for the adherence of
these recommendations.
GENERAL CONDITIONS:
1. Applicant shall coordinate water and sewer main size and routing with the Public Works
Department, and execute standard forms of easements for any mains that are required to
provide service outside of a public right-of-way. Minimum cover over sewer mains is three
feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall
be used in conformance of City of Meridian Public Works Departments Standard
Specifications.
2. Per Meridian City Code(MCC),the applicant shall be responsible to install sewer and water
mains to and through this development. Applicant may be eligible for a reimbursement
agreement for infrastructure enhancement per MCC 8-6-5.
3. The applicant shall provide easement(s)for all public water/sewer mains outside of public
right of way(include all water services and hydrants). The easement widths shall be 20-feet
wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via
the plat, but rather dedicated outside the plat process using the City of Meridian's standard
forms. The easement shall be graphically depicted on the plat for reference purposes. Submit
an executed easement(on the form available from Public Works), a legal description
prepared by an Idaho Licensed Professional Land Surveyor,which must include the area of
the easement(marked EXHIBIT A)and an 81/2"x 11"map with bearings and distances
(marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a
Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this
document. All easements must be submitted,reviewed, and approved prior to development
plan approval.
4. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water(MCC 9-1-28.C).The applicant should be required to use any existing
surface or well water for the primary source. If a surface or well source is not available,a
single-point connection to the culinary water system shall be required. If a single-point
connection is utilized,the developer will be responsible for the payment of assessments for
the common areas prior to prior to receiving development plan approval.
5. All existing structures that are required to be removed shall be prior to signature on the final
plat by the City Engineer. Any structures that are allowed to remain shall be subject to
evaluation and possible reassignment of street addressing to be in compliance with MCC.
6. All irrigation ditches,canals, laterals, or drains, exclusive of natural waterways, intersecting,
crossing or laying adjacent and contiguous to the area being subdivided shall be addressed
per UDC I 1-3A-6. In performing such work,the applicant shall comply with Idaho Code 42-
1207 and any other applicable law or regulation.
7. Any wells that will not continue to be used must be properly abandoned according to Idaho
Well Construction Standards Rules administered by the Idaho Department of Water
Resources. The Developer's Engineer shall provide a statement addressing whether there are
any existing wells in the development, and if so,how they will continue to be used, or
provide record of their abandonment.
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8. Any existing septic systems within this project shall be removed from service per City
Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment
procedures and inspections(208)375-5211.
9. Street signs are to be in place, sanitary sewer and water system shall be approved and
activated,road base approved by the Ada County Highway District and the Final Plat for this
subdivision shall be recorded,prior to applying for building permits.
10. A letter of credit or cash surety in the amount of 110%will be required for all uncompleted
fencing, landscaping, amenities,etc., prior to signature on the final plat.
11. All improvements related to public life, safety and health shall be completed prior to
occupancy of the structures. Where approved by the City Engineer, an owner may post a
performance surety for such improvements in order to obtain City Engineer signature on the
final plat as set forth in UDC 11-5C-3B.
12. Applicant shall be required to pay Public Works development plan review, and construction
inspection fees, as determined during the plan review process,prior to the issuance of a plan
approval letter.
13. It shall be the responsibility of the applicant to ensure that all development features comply
with the Americans with Disabilities Act and the Fair Housing Act.
14. Applicant shall be responsible for application and compliance with any Section 404
Permitting that may be required by the Army Corps of Engineers.
15. Developer shall coordinate mailbox locations with the Meridian Post Office.
16. Compaction test results shall be submitted to the Meridian Building Department for all
building pads receiving engineered backfill,where footing would sit atop fill material.
17. The design engineer shall be required to certify that the street centerline elevations are set a
minimum of 3-feet above the highest established peak groundwater elevation. This is to
ensure that the bottom elevation of the crawl spaces of homes is at least I-foot above.
18. The applicants design engineer shall be responsible for inspection of all irrigation and/or
drainage facility within this project that do not fall under the jurisdiction of an irrigation
district or ACHD. The design engineer shall provide certification that the facilities have been
installed in accordance with the approved design plans. This certification will be required
before a certificate of occupancy is issued for any structures within the project.
19. At the completion of the project,the applicant shall be responsible to submit record drawings
per the City of Meridian AutoCAD standards. These record drawings must be received and
approved prior to the issuance of a certification of occupancy for any structures within the
project.
20. A street light plan will need to be included in the civil construction plans. Street light plan
requirements are listed in section 6-5 of the Improvement Standards for Street Lighting.A
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Item#9.
copy of the standards can be found at
htt ://www.meridianci .or / ublic works.as x?id=272.
21. The City of Meridian requires that the owner post to the City a performance surety in the
amount of 125%of the total construction cost for all incomplete sewer,water and reuse
infrastructure prior to final plat signature.This surety will be verified by a line item cost
estimate provided by the owner to the City. The surety can be posted in the form of an
irrevocable letter of credit,cash deposit or bond. Applicant must file an application for surety,
which can be found on the Community Development Department website. Please contact
Land Development Service for more information at 887-2211.
22. The City of Meridian requires that the owner post to the City a warranty surety in the amount
of 20%of the total construction cost for all completed sewer,water and reuse infrastructure
for duration of two years. This surety will be verified by a line item cost estimate provided by
the owner to the City. The surety can be posted in the form of an irrevocable letter of credit,
cash deposit or bond.Applicant must file an application for surety, which can be found on the
Community Development Department website. Please contact Land Development Service
for more information at 887-2211.
C. MERIDIAN FIRE DEPARTMENT
htt s://weblink.meridianci .or lWebLinkIDocView.as x?id=242560&dbid=0&re a=MeridianC
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D. NAMPA& MERIDIAN IRRIGATION DISTRICT
h=://weblink.meridiancity.org/WebLink/DocView.aspx?id=243210&dbid=0&reno=MeridianC
E. DEPARTMENT OF ENVIRONMENTAL QUALITY
htt s://weblink.meridianci .or /WebLink/DocView.as x?id=243227&dbid=0&re o=MeridianC
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IX. FINDINGS
A. ANNEXATION AND I OR REZONE (UDC 11-5B-3E)
Required Findings: Upon recommendation from the commission,the council shall make a full
investigation and shall,at the public hearing, review the application. In order to grant an annexation
and/or rezone,the council shall make the following findings:
1. The map amendment complies with the applicable provisions of the comprehensive plan;
Commission finds annexation of the subject site with an R-8 zoning designation is consistent with
the Comprehensive Plan MDR FL UM designation for this property, if the Applicant complies
with the provisions in Section VII.
2. The map amendment complies with the regulations outlined for the proposed district, specifically
the purpose statement;
Stafffinds the lot sizes and layout proposed will be consistent with the purpose statement of the
residential districts in that housing opportunities will be provided consistent with the
Comprehensive Plan.
3. The map amendment shall not be materially detrimental to the public health, safety,and welfare;
Commission finds that the proposed zoning map amendment should not be detrimental to the
public health, safety, or welfare. Staff recommends the Commission consider any oral or written
testimony that may be provided when determining this finding.
4. The map amendment shall not result in an adverse impact upon the delivery of services by any
political subdivision providing public services within the city including,but not limited to, school
districts;and
Staff finds that the proposed zoning amendment will not result in any adverse impact upon the
delivery of services by any political subdivision providing services to this site.
5. The annexation(as applicable)is in the best interest of city
The proposed annexation meets the medium density designation of the Future Land Use Map and
the applicable provisions of the Unified Development Code. Therefore, the application is in the
best interest of the City if the property is developed in accord with the provisions in Section VII.
B. PRELIMINARY PLAT(UDC 11-6113-6)
In consideration of a preliminary plat,combined preliminary and final plat,or short plat,the
decision-making body shall make the following findings: (Ord. 05-1170, 8-30-2005, eff.9-15-
2005)
1. The plat is in conformance with the comprehensive plan and is consistent with this unified
development code;(Ord. 08-1372, 7-8-2008, eff. 7-8-2008)
Staff finds the proposed plat is generally in conformance with the UDC if the Applicant complies
with the conditions of approval in section VII.
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2. Public services are available or can be made available and are adequate to accommodate the
proposed development;
Stafffands public services can be made available to the subject property and will be adequate to
accommodate the proposed development.
3. The plat is in conformance with scheduled public improvements in accord with the city's capital
improvement program;
Staff finds the proposed plat is in substantial conformance with scheduled public improvements in
accord with the City's CIP.
4. There is public financial capability of supporting services for the proposed development;
Staff f nds there is public financial capability of supporting services for the proposed
development.
5. The development will not be detrimental to the public health, safety or general welfare; and
Staff finds the proposed development will not be detrimental to the public health, safety or
general welfare.
6. The development preserves significant natural, scenic or historic features. (Ord. 05-1170, 8-30-
2005, eff. 9-15-2005)
There are no significant natural, scenic or historic features on the property.
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