Z - H-2022-0025 DA (2022-084263) ADA COUNTY RECORDER Phil McGrane 2022-084263
BOISE IDAHO Pgs=35 ANGIE STEELE 10/05/2022 09:01 AM
CITY OF MERIDIAN, IDAHO NO FEE
DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. Gardner Homes Idaho, LLC, Owner/Developer
THIS DEVELOPMENT AGREEMENT(this Agreement),is made and entered into this _4th
day of,� October , 2022, by and between City of Meridian, a municipal corporation of the
State of Idaho, hereafter called CITY whose address is 33 E. Broadway Avenue, Meridian, Idaho
83642 and Gardner Homes Idaho, LLC, whose address is 2078 Everest Lane, Meridian, Idaho
83646, hereinafter called OWNER/DEVELOPER.
1. CITALS:
1.1 WHEREAS, Owner/Developer are the sole owners, in law and/or equity, of
certain tract of land in the County of Ada, State of Idaho,described in Exhibit
"A,"which is attached hereto and by this reference incorporated herein as if set
forth in full, herein after referred to as the Property; and
1.2 WHEREAS, Idaho Code § 67-6511 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 11-5B-3 of the Unified Development Code("UDC"),which authorizes
development agreements upon the annexation and/or rezoning of land; and
1.4 WHEREAS,Owner/Developer has submitted an application for annexation of
4.96 acres of land to be zoned from RUT to the R-4 (Medium Low-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 will be made;and
1.6 WHEREAS,the record of the proceedings for requested rezoning held before
Planning and Zoning Commission and the City Council includes responses of
government subdivisions providing services within the City of Meridian
planning jurisdiction, and includes further testimony and comment; and
DEVELOPMENT AGREEMENT—PICKLEBALL COURT SUBDIVISION H-2022-0025 PAGE I OF 7
1.7 WHEREAS, on the 9t1i day of August, 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,and Gardner Homes Idaho,
LLC,whose address is 2078 Everest Lane,Meridian,Idaho 83646,hereinafter
called OWNER/DEVELOPER, the party that owns and is developing said
Property and shall include any subsequent owner(s)and/or developer(s)of the
Property.
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.
DEVELOPMENT AGREEMENT-PICKLEBALL COURT SUBDIVISION H-2022-0025 PAGE 2 OF 7
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 substantially consistent with
the approved plat, landscape plan(including proposed open space and
sports court amenity), and conceptual building elevations included in
Section VII and the provisions contained herein.
b. The rear and/or sides of homes visible from W. McMillan Road(Lots 1-4) shall
incorporate articulation through changes in two or more of the following:
modulation (e.g. projections, recesses, step-backs, pop-outs), bays, banding,
porches, balconies, material types, or other integrated architectural elements to
break up monotonous wall planes and roof lines that are visible from the subject
public street. Single-story structures are exempt from this requirement.
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's/Developer's heirs,
successors, assigns, or subsequent owners of the Property or any other person
acquiring an interest in the Property,fail to faithfully comply with all of the terms and
conditions included in this Agreement in connection with the Property, this
Agreement may be terminated by the City upon compliance with the requirements of
the Zoning Ordinance.
7.2 Notice and Cure Period. In the event of Owners/Developer's default of this
agreement,Owner/Developer shall have thirty(30)days from receipt of written notice
from City to initiate commencement of action to correct the breach and cure the
default, which action must be prosecuted with diligence and completed within one
hundred eighty(180)days;provided,however,that in the case of any such default that
cannot with diligence be cured within such one hundred eighty(180)day period,then
the time allowed to cure such failure may be extended for such period as may be
necessary to complete the curing of the same with diligence and continuity.
DEVELOPMENT AGREEMENT-PICKLEBALL COURT SUBDIVISION H-2022-0025 PAGE 3 OF 7
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 67-6511 A,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 reserve 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.
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
DEVELOPMENT AGREEMENT-PICKLEBALL COURT SUBDIVISION H-2022-0025 PAGE 4 OF 7
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:
Gardner Homes Idaho, LLC
2078 Everest Lane
Meridian, Idaho 83646
14.1 A party shall have the right to change its address by delivering to the other party
a written notification thereof in accordance with the requirements of this section.
15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto
concerning this Agreement,the prevailing party shall be entitled,in addition to any other relief as may
be granted, to court costs and reasonable attorney's fees as determined by a Court of competent
jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall
survive any default, termination or forfeiture of this Agreement.
16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is
strictly of the essence with respect to each and every term,condition and provision hereof,and that the
failure to timely perform any of the obligations hereunder shall constitute a breach of and a default
under this Agreement by the other party so failing to perform.
17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure
to the benefit of the parties' respective heirs, successors, assigns and personal representatives,
including City's corporate authorities and their successors in office. This Agreement shall be binding
on the Owner/Developer, each subsequent owner and any other person acquiring an interest in the
Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions
thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor
owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed.
DEVELOPMENT AGREEMENT-PICKLEBALL COURT SUBDIVISION H-2022-0025 PAGE 5 OF 7
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 Owners/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-PICKLEBALL COURT SUBDIVISION H-2022-0025 PAGE 6 OF 7
ACKNOWLEDGMENTS
IN WITNESS WHEREOF,the parties have herein executed this agreement and made it
effective as hereinabove provided.
OWNER/DEVELOPER:
Gardner Homes Idaho,LLC
By:/Matthew G-ar6der
STATE OF IDAHO )
ss:
County of Ada }
On this_2,L day of—SepitM 2022,before me,the undersigned,a Notary Public in and for said State,
personally appeared Matthew Gardner,known or identified to me to be the_0UM&1jd V e((),rqrj4 of Gardner
Homes Idaho,LLC and the person who signed above and acknowledged to me that he executed the same on behalf of said
corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this
certificate first above written.
=JENNIFERHOMASMBER 63227UBLICNota P blic
aho My Commission Expires:
ires 03/10M20
CITY OF MERIDIAN ATTEST:
By:
Mayor Robert E. Simison 10-4-2022 Chris Johnson, City Clerk 10-4-2022
STATE OF IDAHO )
ss
County of Ada }
On this 4th day of October _ 2022, before me, a Notary Public, personally appeared Robert E.
Simison and Chris Johnson,known or identified to me to be the Mayor and Clerk,respectively,of the City of Meridian,
who executed the instrument or the person that executed the instrument of behalf of said City,and acknowledged to me that
such City executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this
certificate first above written.
Notary Public for Idaho
Commission expires: 3-28-2028
DEVELOPMENT AGREEMENT—PICKLEBALL COURT SUBDIVISION H-2022-0025 PAGE 7 OF 7
���� LEGAL DESCRIPTION
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LAND g
GROUP
April 19, 2022
Project No.: 121130
EXHIBIT"A"
PICKLEBALL COURT SUBDIVISION
ANNEXATION/ REZONE DESCRIPTION
A parcel of land located in the Southeast Quarter of the Southwest Quarter of Section 27,Township 4
North, Range 1 West, Boise Meridian, Ada County, Idaho, being more particularly described as follows:
Commencing at the South One Quarter Corner of Section 27 of said Township 4 North, Range 1 West,
(from which point the southwest corner of said Section 27 bears North 89°35'49"West, a distance of
2654.00 feet distant),said South One Quarter Corner of Section 27 being the POINT OF BEGINNING;
Thence from said South One Quarter Corner, North 89' 35'49" West, a distance of 334.34 feet
on the South line of said Section 27 to a point common with the Centerline intersection of North
Joy Street;
Thence North 00' 25' 00" East, a distance of 646.62 feet on the Centerline of said North Joy
Street;
Thence South 89° 15' 37" East, a distance of 334.75 feet to a point on the north-south mid-
section line of said Section 27;
Thence South 00° 27' 09" West, a distance of 644.68 feet on said mid-section line to the POINT
OF BEGINNING.
The above described contains 4.96 acres more or less.
PREPARED BY:
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SW. CORNER POINT OF BEGINNING
SECTION 27 SOUTH QUARTER
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T.4N., R.1W., B.M. i
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_ N89°35'49"W 334.34'
N89°35'49"W 2654.00' ltir. McMILL.4N R04D
x Exhibit "B" 0 100' 200'
Horizontal Scale:l" = 100' Project No.:121130
Date of Issuance:04/19/2022
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EXHIBIT B
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW � E'�tA
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AND DECISION& ORDER
In the Matter of the Request for Annexation of 4.96 acres of land to be zoned from RUT in the
County to the R-4 zoning district and a Preliminary Plat consisting of 14 single-family residential
building lots and 4 common lots on 4.58 acres of land in the requested R-4 district,by The Land
Group.
Case No(s). H-2022-0025
For the City Council Hearing Date of: July 26,2022 (Findings on August 9,2022)
A. Findings of Fact
1. Hearing Facts(see attached Staff Report for the hearing date of July 26,2022,incorporated by
reference)
2. Process Facts(see attached Staff Report for the hearing date of July 26, 2022, incorporated by
reference)
3. Application and Property Facts(see attached Staff Report for the hearing date of July 26, 2022,
incorporated by reference)
4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing
date of July 26, 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.
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(PICKLEBALL COURT SUBDIVISION-FILE#H-2022-0025)
- 1 -
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of July 26,2022,incorporated by reference. The conditions are concluded to be
reasonable and the applicant shall meet such requirements as a condition of approval of the
application.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon
the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that:
1. The applicant's request for Annexation and Zoning and Preliminary Plat is hereby approved per
the conditions of approval in the Staff Report for the hearing date of July 26, 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 11-6B-7A).
In the event that the development of the preliminary plat is made in successive phases in an
orderly and reasonable manner, and conforms substantially to the approved preliminary plat,
such segments, if submitted within successive intervals of two(2)years,may be considered for
final approval without resubmission for preliminary plat approval(UDC 11-613-713).
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11-6B-7.A, the Director may authorize a single extension of time to obtain the City
Engineer's signature on the final plat not to exceed two (2)years. Additional time extensions up
to two(2)years as determined and approved by the City Council may be granted. With all
extensions,the Director or City Council may require the preliminary plat, combined
preliminary and final plat or short plat to comply with the current provisions of Meridian City
Code Title 11. If the above timetable is not met and the applicant does not receive a time
extension, the property shall be required to go through the platting procedure again(UDC 11-
6B-7C).
Notice of Conditional Use Permit Duration
Please take notice that the conditional use permit, when granted, shall be valid for a maximum
period of two(2)years unless otherwise approved by the City. During this time, the applicant
shall commence the use as permitted in accord with the conditions of approval, satisfy the
requirements set forth in the conditions of approval, and acquire building permits and
commence construction of permanent footings or structures on or in the ground. For
conditional use permits that also require platting, the final plat must be signed by the City
Engineer within this two(2)year period.
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11-513-6.G.1,the Director may authorize a single extension of the time to commence the
use not to exceed one(1)two (2)year period. Additional time extensions up to two (2)years as
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(PICKLEBALL COURT SUBDIVISION-FILE#H-2022-0025)
-2-
determined and approved by the City Council may be granted. With all extensions, the Director
or City Council may require the conditional use comply with the current provisions of Meridian
City Code Title 11(UDC 11-5B-6F).
Notice of Development Agreement Duration
The city and/or an applicant may request a development agreement or a modification to a
development agreement consistent with Idaho Code section 67-651IA. The development
agreement may be initiated by the city or applicant as part of a request for annexation and/or
rezone at any time prior to the adoption of findings for such request.
A development agreement may be modified by the city or an affected party of the development
agreement. Decision on the development agreement modification is made by the city council in
accord with this chapter. When approved, said development agreement shall be signed by the
property owner(s) and returned to the city within six (6) months of the city council granting the
modification.
A modification to the development agreement may be initiated prior to signature of the
agreement by all parties and/or may be requested to extend the time allowed for the agreement
to be signed and returned to the city if filed prior to the end of the six(6)month approval
period.
E. 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 July 26,2022.
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(PICKLEBALL COURT SUBDIVISION-FILE#H-2022-0025)
-3-
By action of the City Council at its regular meeting held on the 9th day of August
2022.
COUNCIL PRESIDENT BRAD HOAGLUN VOTED AYE
COUNCIL VICE PRESIDENT JOE BORTON VOTED AYE
COUNCIL MEMBER JESSICA PERREAULT VOTED AYE
COUNCIL MEMBER LUKE CAVENER VOTED AYE
COUNCIL MEMBER TREG BERNT VOTED AYE
COUNCIL MEMBER LIZ STRADER VOTED AYE
MAYOR ROBERT E. SIMISON VOTED
(TIE BREAKER)
Mayor Robert E. Simison 8-9-2022
By Brad Hoaglun, Council President
Attest:
IDIAN
SEA].
Chris Johnso 8-9-2022
City Clerk
Copy served upon Applicant,Community Development Department,Public Works Department and City
Attorney.
By: Dated: 8-9-2022
City Clerk's Office IN
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(PICKLEBALL COURT SUBDIVISION-FILE#H-2022-0025)
-4-
STAFF REPORT E COMMUNITY
N --
COMMUNITY DEVELOPMENT DEPARTMENT I D A H O
HEARING 7/26/2022 Legend
DATE: 0
Project Location � �® � --
TO: Mayor&City Council
FROM: Joe Dodson,Associate Planner �� � .� 6®
_ - ®®� ®�
208 884 5533
SUBJECT: H-2022-0025 -
Pickleball Court Subdivision
LOCATION: Located at 4050 W. McMillan Road, at ®®
the northeast corner of N. Joy Street and �
W. McMillan Road, in the SE 1/4 of the - -- -----" -;
SW 1/4 of Section 27,Township 4N, IE
Range 1 W. _
I. PROJECT DESCRIPTION
Request for Annexation of 4.96 acres of land to be zoned from RUT in the County to the R-4 zoning
district and a Preliminary Plat consisting of 14 single-family residential building lots and 4 common lots
on 4.58 acres of land in the requested R-4 district,by The Land Group.
II. SUMMARY OF REPORT
A. Project Summary
Description Details Page
Acreage AZ—4.96 acres; PP—4.58 acres
Future Land Use Designation Medium Density Residential MDR, 3-8 du/ac
Existing Land Uses County Residential
Proposed Land Uses Detached Single-family Residential
Lots(#and type; 18 total lots— 14 residential building lots and 4
bldg./common)) common lots
Phasing Plan #ofphases) 1 phase
Number of Residential Units 14 single-family units
Density Gross—3.06 du/ac.;Net—5.05 du/ac.
Open Space (acres,total None required—Approximately 29,600 square feet of
/buffer/ ualified total open s ace proposed
Neighborhood meeting date February 1, 2022
History(previous approvals) No application history with the City
B. Community Metrics
Description Details Page
Ada County Highway
District
• Staff report(yes/no) Yes
• Requires ACHD No
Commission Action
es/no
Access Access is proposed via a new local street connection to N. Joy Street, an
(Arterial/Collectors/State existing local street that connects to W.McMillan Road, an arterial street.
Hwy/Local)(Existing and Access to all proposed homes is shown from new local street that ends in a
Proposed) cul-de-sac near the north boundary.
Stub No opportunity for a future stub due to existing development and no existing
Street/Interconnectivity/Cross stub to property from existing development.
Access
Existing Road Network No, except Joy Street and W. McMillan Road.
Proposed Road The Applicant is required to dedicate additional right-of-way for W.
Improvements McMillan Road and widen the paved surface area adjacent to the site.
Applicant is also required to reconstruct Joy Street as of a 33-foot wide
local street section abutting the site. Applicant is proposing a new local street
to dead-end in a cul-de-sac.
Fire Service
• Distance to Fire 2.1 miles from Fire Station#2;project area will eventually be serviced by
Station Fire Station 8, scheduled to be opened in late Summer 2023.
• Fire Response Time The project lies inside of the Meridian Fire response time goal of 5 minutes.
Once Station 8 is constructed,response times will be reduced in this area.
• Resource Reliability Fire Station#2 reliability is 85% (above the goal of 80%)
• Accessibility Proposed project meets all required road widths, and turnaround dimensions.
Water&Wastewater
• Impacts/Concerns le See Public Works Site Specific Conditions
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IV. NOTICING
Planning& Zoning City Council
Posting Date Posting Date
Newspaper Notification 5/31/2022
Radius notification mailed to
properties within 500 feet 5/26/2022
Site Posting 6/4/2022
Nextdoor posting 5/25/2022
V. STAFF ANALYSIS
A. Future Land Use Map Designation(ht(ps://www.meridiancity.org/compplan)
Medium Density Residential(MDR)—This designation allows for dwelling units at gross
densities of three to eight dwelling units per acre. Density bonuses may be considered with the
provision of additional public amenities such as a park, school, or land dedicated for public
services.
The subject 4.5 acres currently contains a barn or other agricultural building or two; the
previous home appears to have been removed according to the latest aerial imagery. The subject
site is abutted by two public roads;McMillan Road to the south and Joy Street to the west.
Abutting to the north and east property lines are two existing R-4 developments, Vicenza
Subdivision to the east and Summerwood Subdivision No. 2 to the north. The subject property is
designated as Medium Density Residential on the future land use map consistent with existing
development to the east and north. Due to the existing local street along the west boundary, the
Applicant is proposing to take access from this street and close any existing access to McMillan,
which is consistent with City code.
The Applicant is proposing 14 building lots on 4.5 acres of land which constitutes a gross density
of 3.06 units per acre, nearly the minimum density allowed within the MDR designation. The
minimum building lot size proposed is 8,000 square feet which is the minimum lot size for the
requested R-4 zoning district. The adjacent developments are of similar density and has building
lots similar in size and also some that are larger than what are proposed with this project. There
are no more than 2 building lots proposed adjacent to any single existing lot along the north and
east boundaries and the Applicant has placed an open space lot along the north boundary and at
the southeast corner of the site.
Because the proposed development is consistent with the existing development to the east and
north and no access to an arterial street is proposed,Staff believes annexing this land into the
City is in the best interest of the City and is a logical expansion of City zoning and development
so long as the Applicant adheres to Staffs recommended DA provisions and conditions of
approval.
Staff finds the proposed project to be generally consistent with the Comprehensive Plan, as
discussed above. Specific Comprehensive Plan policies are discussed and analyzed below.
The City may require a development agreement(DA)in conjunction with an annexation and
rezone pursuant to Idaho Code section 67-6511A.In order to ensure the site develops as
proposed with this application, Staff recommends a DA that encompasses the land proposed to be
annexed and zoned with the provisions included in Section VIII.A1. The DA is required to be
signed by the property owner(s)/developer and returned to the City within 6 months of the
Council granting the rezone and annexation approval.A final plat will not be accepted until the
DA is executed and the AZ ordinance is approved by City Council.
B. Comprehensive Plan Policies (https://www.meridiancity.orglcompplan):
The applicable Comprehensive Plan policies are cited below with Staff analysis in italics. Staff is
not analyzing the project against any mixed-use policies but is instead analyzing the project
against general policies as the project is being reviewed with the MDR designation.
"Avoid the concentration of any one housing type or lot size in any geographical area;provide for
diverse housing types throughout the City"(2.01.01 G). The proposed project offers a density
similar to the existing subdivisions to the east and north. Further, this property is part of a larger
MDR area that is also redeveloping west of the site at the northeast corner of Black Cat and
McMillan with smaller lot sizes than those proposed in Pickleball Court. Stafffinds the density
and lot sizes proposed on the subject 4.5 acres to be an appropriate transition from the existing
subdivisions to the remaining county parcels to the west and those smaller developing projects
further to the west.
"Establish and maintain levels of service for public facilities and services,including water, sewer,
police,transportation, schools, fire, and parks"(3.02.01 G).All public utilities are available for
this project site due to the existing stub street on its east boundary. Applicant is required to
dedicate additional right-of-way for future McMillan Road improvements (upgraded from two to
three lanes in the future). The future Fire Station 8 will improve the response times in this entire
area of the City and Fire has approved the accesses for the proposed plat. West Ada School
District has not sent a letter regarding this application but with a relative low number of homes a
large number of school aged children is not anticipated to be generated by this development. In
addition, Pleasant View Elementary School is within walking distance of the subject site so any
children in that age group would be able to get to school safely.
Stafffinds that the existing and planned development of the immediate area create appropriate
conditions for levels of service to and for this proposed project.
"Require pedestrian access in all new development to link subdivisions together and promote
neighborhood connectivity."(2.02.0ID).Proposed project will construct attached sidewalks
within the development as well as along the east side of the Joy Street for added pedestrian
access to the north through the existing pedestrian facilities in Summerwood Subdivision and out
to Gondola Street, a collector street with access to multiple subdivisions in this section of the
City. Stafffinds the proposed pedestrian facilities show compliance with this policy.
"Ensure that new development within existing residential neighborhoods is cohesive and
complementary in design and construction."(2.02.02F).As discussed, the Applicant is proposing
lot sizes averaging over 8,000 square feet, significantly similar to those within the adjacent
subdivisions to the east and north. Further, the Applicant is proposing a density at the bottom of
the anticipated density in this area of the City. Stafffinds these aspects of the project makes for a
project consistent with the existing development to the east but also most consistent with the
remaining county residential parcels on the west side of Joy Street that have not yet redeveloped.
"Require new development to establish street connections to existing local roads and collectors as
well as to underdeveloped adjacent properties."(6.01.02C). The Applicant is proposing to
construct a new local cul-de-sac street within the development for access to the proposed
building lots. The new local street is proposed to connect to N. Joy Street, a county local street
adjacent to the subject site. The Applicant is required to and is proposing to improve the existing
right-of-way for Joy Street to include additional pavement, curb, gutter, and 5-foot wide attached
sidewalks adjacent to the site. Further, the Applicant is required to construct 5-foot wide
detached sidewalk along McMillan Road consistent with existing improvements to the east,
further extending the arterial street pedestrian facilities and safe pedestrian access to the
commercial uses at the Ten Mile and McMillan intersection. In addition, the proposed road and
pedestrian facility improvements will add to the safety of the underdeveloped county parcels that
utilize Joy Street and Daphne Street, the local street that branches off and heads west of Joy at
the northwest corner of the site.
Staff finds this development to be generally consistent with the Comprehensive Plan.
C. Existing Structures/Site Improvements:
According to GIS imagery, there appears to be a couple outbuildings on the subject site. Any and
all structures and debris are proposed to be removed upon development of this project.
Furthermore,the existing access for this site is via a driveway connection to W. McMillan Road
that will also be closed upon development.No other site improvements appear to be present.
D. Proposed Use Analysis:
The proposed use is detached single-family residential with an average lot size of 8,620 square
feet and a minimum lot size of 8,000 square feet,based on the submitted plat(Exhibit VII.B).
This use is a permitted use in the requested R-4 zoning district per UDC Table 11-2A-2 and all
lots are shown to meet the minimum lot size requirement of 8,000 square feet and minimum street
frontage requirement of 60 feet. The Applicant has noted the development is expected to develop
as one phase due to the size of the proposed project.
E. Dimensional Standards(UDC 11-2):
The residential lots are shown to meet all UDC dimensional standards per the submitted plat. In
addition,all subdivision developments are also required to comply with Subdivision Design and
Improvement Standards (UDC 11-6C-3). Some of the lot dimensions shown on the submitted
preliminary plat do not compute to the minimum lot size of 8,000 square feet. Prior to the City
Council hearing, the Applicant should ensure all lots meet the minimum lot size requirement for
the requested R-4 zoning district. Staff's calculations of the lot dimensions depicted show many of
the lots are slightly under the minimum lot size—there are multiple areas in the subject site
design where the needed extra area can be obtained by adjusting lot lines so Staff is not
concerned with the Applicant being able to comply with this dimensional standard.
Per UDC 11-6C-3B.4, no dead-end street shall be longer than 500 feet. The subject project is
proposed with a cul-de-sac as the only access to the proposed single family lots and is shown to
be approximately 450 feet in length and compliant with this code section. In addition, the
Applicant is proposing one(1) common drive in the southeast corner of the project for access to
Lot 4. Lot 7 also abuts this common drive but is not shown to take access from it as required by
UDC 11-6C-3D.5. With the final plat submittal, the Applicant should provide an exhibit that
demonstrates Lot 7 taking access from the common driveway in accord with UDC standards.
F. Building Elevations(UDC 11-3A-19 I Architectural Standards Manual):
The Applicant submitted conceptual building elevations for the proposed detached single-family
homes.Note that detached single-family homes do not require Design Review approval therefore
Staff does not review these for compliance with any architectural standards.
The submitted elevations depict a number of different architectural and design styles with field
materials of lap siding and fiber cement board and differing accent materials, roof profiles, and
overall varying home styles.
G. Access(UDC 11-3A-3, I1-3H-4):
Access is proposed via a new local street(shown as W. Riva Capri)connection to N. Joy Street
approximately 200 feet north of the Joy and W. McMillan intersection. There are no existing stub
streets adjacent to the site and Joy Street runs along the entire west boundary which is why the
Applicant is proposing an access point to this local street and proposing Riva Capri to end as a
cul-de-sac within the site, as shown on the submitted preliminary plat. Further, according to the
proposed plat, Riva Capri is proposed as 33-foot wide local street with 5-foot attached sidewalks
and Joy Street is shown to be improved with curb, gutter, and 5-foot wide attached sidewalk. The
proposed street design complies with all UDC standards and ACHD conditions of approval.
H. Parking(UDC 11-3 f:
Off-street parking is required to be provided in accord with the standards listed in UDC Table II-
3C-6 for single-family dwellings based on the number of bedrooms per unit. Staff will confirm
compliance with these standards at the time of building permit submittal for each residence. In
addition,there is opportunity for on-street parking where there are no driveways because Riva
Capri is proposed as a 33-foot wide street section.
I. Sidewalks(UDC 11-3A-17):
5-foot wide attached sidewalks are proposed along the new proposed local street. W. Riva Capri
and along the east side of N. Joy Street,consistent with UDC and ACHD requirements. The
proposed sidewalk dimensions also meet UDC 11-3A-17 and ACHD standards. The Applicant is
also proposing 5-foot wide detached along W. McMillan road consistent with existing sidewalk to
the east and UDC standards. Staff supports the proposed sidewalk facilities.
According to the submitted plat and landscape plan, the proposed 5-foot detached sidewalk along
McMillan directly abuts the ultimate right-of-way line. UDC 11-3B-7C.]a requires that all
detached sidewalks shall have an average minimum separation of greater than four(4)feet to
back of curb to allow for vegetative separation between the travel lanes and pedestrian facilities
and to ensure these facilities are in fact detached from the vehicular right-of-way. In these
instances, "back of curb"is in reference to the ultimate right-of-way line. Therefore, the
Applicant should submit revised plans depicting the detached sidewalk to be at least 4 feet behind
the future right-of-way line.
J. Landscaping(UDC 11-3B):
A 25-foot wide street buffer is required along W. McMillan Road,an arterial street, landscaped
per the standards in UDC Table 11-313-7C. In addition, a minimum 10-foot street buffer is
required along the east side of Joy Street to ensure the abutting lots are not double fronting lots
and should be landscaped per UDC 11-313-7. All landscape areas should be landscaped per UDC
11-313-5,general landscaping standards. Lastly, according to the submitted landscape plan,the
Applicant is proposing a gravity irrigation holding pond which should comply with UDC 11-3B-
11 standards.
The Applicant is showing a common lot along W. McMillan Road that is at least 25 feet in width
and is depicted with 9 trees and one landscape bed at the corner of Joy and McMillan; this
proposed landscaping does not fully comply with UDC requirements. The number of trees shown
complies with UDC requirements but UDC 11-3B-7 also requires vegetative ground cover
beyond that of grasses. Specifically, no more than 65%of the landscaped area is permitted to be
grass and other area shall be comprised of additional planting beds for shrubs and other
vegetative ground cover. The Applicant should revise the landscape plan to depict additional
vegetative ground cover to meet this standard.
The Applicant is showing approximately a 15 foot wide landscape buffer along the west boundary
abutting the east side of N. Joy Street, measured from the back of sidewalk. This buffer is
required to ensure the lots internal to the project do not have frontage to two public roads. City
code requires these buffers to be a minimum of 10 feet in width so the Applicant's proposal to
construct a 15 foot buffer exceeds code requirements. Essentially, the 15 foot buffer is a local
street buffer that is still governed by code but is not typically required; the proposed site design
has created this situation so landscaping standards apply. For example, a total of 14 trees are
required within this buffer and the Applicant is showing 16 trees. However, UDC 11-3B-7C.3
requires that at least 25%of street buffer trees are Class II trees and it is not clear from the
landscape table that the trees noted along Joy are Class I or Class IT The Applicant should
clarify this and correct this if additional Class II trees are needed within this buffer.
NOTE: The subject project is less than 5 acres in size,therefore the UDC does not require
compliance with the qualified open space standards in UDC 11-3G.However,the applicant
is proposing some open space which Staff has analyzed below.
There are two main areas of open space that would qualify under the UDC: 1)the required
street buffer along McMillan, and 2) an open space lot along the north boundary of the
project(Lot 12).In addition,the Applicant is showing an additional grassy area in the
southeast corner of the site but this area is noted to be a future gravity irrigation holding
pond. The submitted plans do not depict how this will be designed so Staff presumes it
would not be qualified open space. The Applicant should add an exhibit and more detail to
the landscape plan that shows how this "pond"will be constructed and what it will look
like.
Within the Lot 12 open space lot along the north boundary,the preliminary plat has a
notation that a pickleball court will be present. The Applicant should revise the landscape
plans to depict this proposed amenity and its location. Staff is recommending a DA
provisions requiring the applicant to comply with the open space and amenity as proposed.
K. Fencing(UDC 11-3A-6, 11-3A-7):
All fencing is required to comply with the standards listed in UDC 11-3A-7. The Applicant is
proposing to protect and use the existing 6-foot solid fencing along the north and east boundaries
and is proposing 6-foot vinyl fencing along the rear lot lines adjacent to N. Joy Street and W.
McMillan Road. The Applicant is depicting 6-foot open vision fencing along the east property
line of Lot 4 and a portion of the south property lien of Lot 7 where these properties abut an open
space lot utilized for gravity irrigation holding pond, according to the landscape plans. The
proposed fencing meets or exceeds all UDC requirements.
L. Utilities (UDC 11-3A-21):
The Applicant is proposing and is required to extend necessary public utilities for the proposed
detached single-family dwellings within the Pickleball Court Subdivision. Public Works has
reviewed the subject applications for compliance with their standards and finds them to be in
general compliance except for specific conditions outlined in Section VIII.B of this report.
Specifically, Public Works is seeking a 20 foot easement within Lot 12 and a 20 foot easement
along the north side of Lot 13 for a potential future water loop back to Joy Street. This condition
has been added to the conditions of approval in Section VIII.B.
VI. DECISION
A. Staff:
Staff recommends approval of the requested annexation and preliminary plat applications with the
requirement of a Development Agreement per the conditions of approval in Section VIII of this
report per the Findings in Section IX of this staff report.
B. The Meridian Planning&Zoning Commission heard these items on June 16,2022.At the public
hearing,the Commission moved to recommend approval of the subject Annexation and Zoning
and Preliminary Plat requests.
1. Summary of Commission public hearing:
a. In favor: Matthew Gardner,Gardner Homes—Applicant.
b. In opposition:None
c. Commenting: Theodore Lye,Neighbor;
d. Written testimony: None
e. Staff presenting application: Joseph Dodson,Associate Planner
f. Other Staff commenting on application: None
2. Key issue(s) testimony
a. Plan to mitigate dust during construction if project is approved and moves forward;
3. Key issue(s)of discussion by Commission:
a. Difference in height of proposed homes to those existing to the east, is there intention to
match them—Applicant plans to attempt this where possible;
b. Are lights planned around proposed sports court at north end of site;
C. Discussion of project location in relation to recent denied project on south side of
McMillan—noted differences between projects in size, density, and no direct access to
McMillan Road.
4. Commission change(s)to Staff recommendation:
a. Modify relevant provisions per Staff presentation at the hearing on June 16,2022.
5. Outstanding issue(s) for City Council:
a. None
C. The Meridian Citv Council heard these items on July 26,2022.At the public hearing,the Council
moved to approve the subject Annexation and Zoning and Preliminary Plat requests.
I. Summary of the City Council public hearing:
a. In favor: Tamara Thompson,Applicant Representative.
b. In opposition: None
C. Commenting: Tamara Thompson: Paul Elam,neighbor;
d. Written testimony,None
e. Staff presenting application: Joseph Dodson,Associate Planner
f. Other Staff commenting on application:None
2. Kev issue(s)of public testimony:
a. Desire to delay project to study the traffic impact of proposed development due to
constrained corridor of McMillan.
3. Key issue(s)of discussion by City Council:
a. Design of future irrigation pond and puMose of pond—will it be aerated and designed
appropriately per code:
Level of Service rating of McMillan at time of ACHD report—Better than"E"•
Is there a right-turn lane required westbound on McMillan onto Jov_ :
4. City Council change(s)to Commission recommendation.
a. None
VII. EXHIBITS
A. Annexation and Zoning Legal Description and Exhibit Map
LEGAL DESCRIPTION
//i.�: T HE Page 1 OF 1
LAND
GROUP
April 19,2022
Project No.:121130
EXHIBIT"A"
PICKLEBALL COURT SUBDIVISION
ANNEXATION/REZONE DESCRIPTION
A parcel of land located in the Southeast Quarter of the Southwest Quarter of Section 27,Township 4
North,Range 1 West,Boise Meridian,Ada County,Idaho,being more particularly described as follows:
Commencing at the South One Quarter Corner of Section 27 of said Township 4 North,Range 1 West,
(from which point the southwest corner of said Section 27 bears North 89°35'49"West,a distance of
2654.00 feet distant),said South One Quarter Corner of Section 27 being the POINT OF BEGINNING;
Thence from said South One Quarter Corner,North 89'35'49"West,a distance of 334.34 feet
on the South line of said Section 27 to a point common with the Centerline intersection of North
Joy Street;
Thence North 00'25'00"East,a distance of 646.62 feet on the Centerline of said North Joy
Street;
Thence South 89'15'37"East,a distance of 334.75 feet to a point on the north-south mid-
section line of said Section 27;
Thence South 00'27'09"West,a distance of 644.68 feet on said mid-section line to the POINT
OF BEGINNING.
The above described contains 4.96 acres more or less.
PREPARED BY:
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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 and the property owner(s)/developer at the time of annexation ordinance adoption,
and the developer. A final plat will not be accepted until the DA is executed and the
Annexation and Zoning ordinance is approved by City Council.
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 substantially consistent with the
approved plat, landscape plan(including proposed open space and piekleball
sports court amenity), and conceptual building elevations included in Section
VII and the provisions contained herein.
b. The rear and/or sides of homes visible from W. McMillan Road(Lots 1-4) shall
incorporate articulation through changes in two or more of the following: modulation
(e.g.projections,recesses, step-backs,pop-outs),bays,banding,porches,balconies,
material types,or other integrated architectural elements to break up monotonous wall
planes and roof lines that are visible from the subject public street. Single-story structures
are exempt from this requirement.
Preliminary Plat Conditions:
2. The preliminary plat included in Section VII.B, dated March 18,2022, shall be revised as
follows prior to submitting for Final Plat approval:
a. Ensure all lots meet the minimum lot size requirement for the requested R-4 zoning
district of 8,000 square feet.
b. Any existing accesses to W. McMillan Road shall be closed upon development of the
site.
c. Correct the plat to show Lot 7 to take access from the common drive,Lot 6 OR revise the
plat to show Lot 4 with the minimum required street frontage of 30 feet when along a
curve and remove the common drive altogether.
d. Depict the required 5-foot wide detached sidewalk within the landscape buffer along W.
McMillan Road and place it at least four(4)feet north of the ultimate right-of-way line to
allow for landscaping on both sides of the sidewalk and ensure it is detached from the
roadway and allow the 25-foot buffer to be measured from the ultimate right-of-way
instead of the back of the sidewalk,per UDC I I-3B-7C.Ia OR place said sidewalk within
ACHD right-of-way per the ACHD condition of approval.
3. The landscape plan included in Section VII.C, dated March 18, 2022, shall be revised as
follows prior to submitting for Final Plat approval:
a. Depict the detached sidewalk along W. McMillan Road in accord with UDC 11-313-
7C.1 a, as noted above.
b. Depict the location of the noted piek! �afl sports court amenity within Lot 12 and provide
a detail of the amenity.
c. Depict the correct amount of vegetative ground cover per UDC 11-3B-7 in the landscape
buffers along N. Joy Street and W. McMillan Road.
d. Clarify in the landscape calculations table the class type of the trees proposed and ensure
the Joy Street buffer complies with UDC 11-3B-7C.3 that requires at least 25%of the
required trees to be Class II.
e. Include any and all tree mitigation information per UDC 11-3B-10 standards.
f. Add an exhibit and detail to the landscape plan that shows how the gravity irrigation
holding pond(a portion of Lot 5)will be constructed and what it will look like, consistent
with UDC 11-3G-3B.6 standards.
4. Future development shall be consistent with the minimum dimensional standards listed in
UDC Table 11-2A-5 for the R-4 zoning district.
5. Off-street parking is required to be provided in accord with the standards listed in UDC Table
11-3C-6 for single-family dwellings based on the number of bedrooms per unit.
6. The Applicant shall comply with all ACHD conditions of approval.
7. Lots 13-17 shall take access from the proposed internal local street(W. Riva Capri Street)
and not to N. Joy Street, consistent with UDC 11-6C-3A.1.
8. Provide a pressurized irrigation system consistent with the standards as set forth in UDC I I-
3A-15,UDC 11-313-6 and MCC 9-1-28.
9. An exhibit shall be submitted with the final plat application for the lots accessed by the
common driveway(Lot 6)that depicts the setbacks, fencing,building envelope and
orientation of the lots and structures in accord with UDC 11-6C-3D. Driveways for abutting
properties that are not taking access from the common driveway(s)shall be depicted on the
opposite side of the shared property line away from the common driveway. Solid fencing
adjacent to common driveways is prohibited unless separated by a minimum 5-foot wide
landscaped buffer.
10. Upon completion of the landscape installation, a written Certificate of Completion shall be
submitted to the Planning Division verifying all landscape improvements are in substantial
compliance with the approved landscape plan as set forth in UDC 11-3B-14.
11. The preliminary plat approval shall become null and void if the applicant fails to either: 1)
obtain the City Engineer signature on a final plat within two years of the date of the approved
findings; or 2)obtain approval of a time extension as set forth in UDC 11-6B-7.
B. PUBLIC WORKS
Site Specific Conditions of Approval
1. Water line in Joy Street in front of development is not existing and needs to be extended to W.
McMillan Road.
2. Provide 20'easement in lot 12 and 20'easement along the north side of Lot 13 for potential
future water loop back to Joy Street.
3. Ensure no sewer services pass through infiltration trenches.
4. The geotechnical investigative report prepared by Atlas Technical Consultants,LLC indicates
some very specific construction considerations. The applicant shall be responsible for the
adherence of these recommendations.
General Conditions of Approval
1. Applicant shall coordinate water and sewer main size and routing with the Public Works
Department, and execute standard forms of easements for any mains that are required to
provide service outside of a public right-of-way. Minimum cover over sewer mains is three
feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall
be used in conformance of City of Meridian Public Works Departments Standard
Specifications.
2. Per Meridian City Code (MCC),the applicant shall be responsible to install sewer and water
mains to and through this development. Applicant may be eligible for a reimbursement
agreement for infrastructure enhancement per MCC 8-6-5.
3. The applicant shall provide easement(s) for all public water/sewer mains outside of public right
of way(include all water services and hydrants). The easement widths shall be 20-feet wide for
a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat,but
rather dedicated outside the plat process using the City of Meridian's standard forms. The
easement shall be graphically depicted on the plat for reference purposes. Submit an executed
easement(on the form available from Public Works),a legal description prepared by an Idaho
Licensed Professional Land Surveyor,which must include the area of the easement(marked
EXHIBIT A) and an 81/2"x 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 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42-1207
and any other applicable law or regulation.
7. Any wells that will not continue to be used must be properly abandoned according to Idaho
Well Construction Standards Rules administered by the Idaho Department of Water
Resources. The Developer's Engineer shall provide a statement addressing whether there are
any existing wells in the development, and if so,how they will continue to be used, or provide
record of their abandonment.
8. Any existing septic systems within this project shall be removed from service per City
Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment
procedures and inspections (208)375-5211.
9. Street signs are to be in place, sanitary sewer and water system shall be approved and activated,
road base approved by the Ada County Highway District and the Final Plat for this subdivision
shall be recorded,prior to applying for building permits.
10. A letter of credit or cash surety in the amount of 110%will be required for all uncompleted
fencing, landscaping, amenities, etc.,prior to signature on the final plat.
11. All improvements related to public life, safety and health shall be completed prior to occupancy
of the structures. Where approved by the City Engineer, an owner may post a performance
surety for such improvements in order to obtain City Engineer signature on the final plat as set
forth in UDC 11-5C-3B.
12. Applicant shall be required to pay Public Works development plan review, and construction
inspection fees, as determined during the plan review process,prior to the issuance of a plan
approval letter.
13. It shall be the responsibility of the applicant to ensure that all development features comply
with the Americans with Disabilities Act and the Fair Housing Act.
14. Applicant shall be responsible for application and compliance with any Section 404 Permitting
that may be required by the Army Corps of Engineers.
15. Developer shall coordinate mailbox locations with the Meridian Post Office.
16. Compaction test results shall be submitted to the Meridian Building Department for all building
pads receiving engineered backfill,where footing would sit atop fill material.
17. The design engineer shall be required to certify that the street centerline elevations are set a
minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure
that the bottom elevation of the crawl spaces of homes is at least 1-foot above.
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 6-7 of the Improvement Standards for Street Lighting. A copy
of the standards can be found at hqp://www.meridianciiy.org_/public_works.aspx?id=272.
21. The City of Meridian requires that the owner post to the City a performance surety in the
amount of 125%of the total construction cost for all incomplete sewer,water and reuse
infrastructure prior to final plat signature. This surety will be verified by a line item cost
estimate provided by the owner to the City. The surety can be posted in the form of an
irrevocable letter of credit,cash deposit or bond.Applicant must file an application for surety,
which can be found on the Community Development Department website. Please contact Land
Development Service for more information at 887-2211.
22. The City of Meridian requires that the owner post to the City a warranty surety in the amount of
20%of the total construction cost for all completed sewer,water and reuse infrastructure for
duration of two years. This surety will be verified by a line item cost estimate provided by the
owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash
deposit or bond. Applicant must file an application for surety,which can be found on the
Community Development Department website. Please contact Land Development Service for
more information at 887-2211.
C. FIRE DEPARTMENT
https://weblink.meridianciU.oEgdf ebLinkIDocView.aspx?id=261475&dbid=0&repo=MeridianC
i &cr=1
D. ADA COUNTY DEVELOPMENT SERVICES
https://weblink.meridiancity.org/WebLink/Doc View.aspx?id=261699&dbid=0&repo=MeridianC
hty
E. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ)
https://weblink.meridiancity.org/WebLink/DocView.aspx?id=262292&dbid=0&repo=MeridianC
hty
F. NAMPA/MERIDIAN IRRIGATION DISTRICT(NMID)
https://weblink.meridiancity.orglWebLink/Doc View.aspx?id=263094&dbid=0&repo=MeridianC
hty
G. ADA COUNTY HIGHWAY DISTRICT(ACHD)
https://weblink.meridiancity.orglWebLinkIDocView.aspx?id=261626&dbid=0&repo=MeridianC
hty
IX. FINDINGS
A. Annexation and Zoning(UDC 11-513-3E)
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;
City Council finds the proposed zoning map amendment to annex the property into the City of
Meridian with the R-4 zoning district with the proposed preliminary plat and site design is
consistent with the Comprehensive Plan, if all conditions of approval are met.
2. The map amendment complies with the regulations outlined for the proposed districts,
specifically the purpose statement;
City Council finds the proposed zoning map amendment and the request for the development
complies with the regulations outlined in the requested R-4 zoning district and is consistent
with the purpose statement of the requested zone.
3. The map amendment shall not be materially detrimental to the public health,safety,
and welfare;
City Council finds the proposed zoning map amendment should not be detrimental to the
public health, safety and welfare.
4. The map amendment shall not result in an adverse impact upon the delivery of services
by any political subdivision providing public services within the city including,but not
limited to, school districts; and
City Council finds the proposed zoning map amendment will not result in an adverse impact
on the delivery of services by any political subdivision providing public services within the
City.
5. The annexation(as applicable)is in the best interest of city.
City Council finds the annexation is in the best interest of the City.
B. Preliminary Plat Findings:
In consideration of a preliminary plat,combined preliminary and final plat, or short plat, the
decision-making body shall make the following findings:
1. The plat is in conformance with the Comprehensive Plan;
City Council finds that the proposed plat is in substantial compliance with the adopted
Comprehensive Plan in regard to land use, density, transportation, and pedestrian
connectivity. (Please see Comprehensive Plan Policies in, Section V of this report for more
information)
2. Public services are available or can be made available and are adequate to accommodate
the proposed development;
City Council finds that public services will be provided to the subject property with
development. (See Section VIII of the Staff Report for more details from public service
providers)
3. The plat is in conformance with scheduled public improvements in accord with the City's
capital improvement program;
Because City water and sewer and any other utilities will be provided by the development at
their own cost, City Council finds that the subdivision will not require the expenditure of capital
improvement funds.
4. There is public financial capability of supporting services for the proposed development;
City Council finds there is public financial capability of supporting services for the proposed
development based upon comments from the public service providers(i.e.,Police,Fire,ACHD,
etc). (See Section VIII for more information.)
5. The development will not be detrimental to the public health, safety or general welfare;
and,
City Council is not aware of any health, safety, or environmental problems associated with the
platting of this property.
6. The development preserves significant natural, scenic or historic features.
City Council is unaware of any significant natural, scenic or historic features that exist on this
site that require preserving.