1160 W. Ustick Rd. (aka Wood Rose Apartments H-2021-0092) (2022-092438) CITY OF MERIDIAN, IDAHO NO FEE
DEVELOPMENT AGREEMENT
PARTIES: l City ofMeridian
2. The Housing Company, Owner/Developer
THIS DEVELOPMENT AGREEMENT(this cmd,io made and entered into this 9fh
day of- November 2022, by and between City of Meridian, m municipal corporation ofthe
State of Idaho, heruuOcc called CD[l' whose address is 33 E. Broadway Avenue, Meridian, Idaho
83042 and The R8numiog Company, whose address is 505 VV Myrtle Street, Suite 250, Boise,
{D837O2, hereinafter called (}WNBD/DBYBL(}PBD.
l. RECITALS:
1.1 WHEREAS, Owner is the sole owner, in law and/or equity,of certain tract of
land in the County of Ada, State o[Idaho, described io Exhibit ^'/\", which is
attached hereto and by this reference incorporated herein as lf set forth in full,
herein after referred to os the Property; and
1.2 WHEREAS, Idaho Code § O7-65\ |A provides that cities may, byordinance,
require or permit as 000ndidon oy zoning that the Owner and/or Developer
make a written commitment concerning the use or development of the subject
Property; and
1.3 WHEREAS, City has exercised its statutory authority by the enuotouout of
Section l )-5L3-3of the Unified Development Code(^^lJ[}C"),which authorizes
/ development agreements upon the annexation and/or re-zoning of land; and
| 1.4 WHEREAS, Owner/Developer has subrn itted an application for an annexation
� and rezone on the property as shown in Exhibit "&" 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 rnade;and
|.O WHEREAS,the record nf 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
'
1.7 WHEREAS, on the 15'h day of February, 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 The Housing Company,
whose address is 565 W Myrtle Street, Suite 250, Boise, ID 83702
hereinafter called OV�NER/DEVELOPER, the party that owns and is
developing said Property and shall include any subsequent owner(s) and/or
developer(s) of the Property, including, but not limited to, any limited
partnership or limited liability company controlled directly or indirectly by
The Housing Company as the general partner or manager, respectively.
3.3 PROPERTY: means and refers to that certain parcel(s)of Property located in
the County of Ada, City of Meridian as in Exhibit "A" describing a parcel to
bound by this Development Agreement and attached hereto and by this
reference incorporated herein as if set forth at length.
4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right
to develop the Property in accordance with the terms and conditions of this Agreement.
4.1 The uses allowed pursuant to this Agreement are only those uses allowed under
the UDC.
4.2 No change in the uses specified in this Agreement shall be allowed without
modification of this Agreement.
5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY:
5.1. Owners/Developer shall develop the Property in accordance with the following
special conditions:
a. Future development of this site shall be generally consistent with the approved concept
plans and conceptual elevations included in Section VII of the Staff Report that is
attached to the Findings of Fact and Conclusions of Law hereto attached at Exhibit B
and the provisions contained herein.
b. Before the multi-family units are placed in service (release of the first Certificate of
Occupancy), Owner and/or Developer shall record a low-income housing tax credit
regulatory agreement with the Ada County Recorder's Office to restrict the rental rates
on the units for a minimum of thirty (30) years to ensure the units are affordable to
individuals and families earning,averaged within the entire project,no more than sixty
percent(60%)of the area median income and provide said agreement prior to issuance
of any building permit for the proposed use: except that up to six (6) of the proposed
units may be market rate units to allow for flexibility in the funding source for this
project.
c. With the first phase of development, any existing structures on the property shall be
removed and all existing driveway curb-cuts to Ustick Road shall be closed.
d. Future structures proposed along the Ustick Road frontage shall provide modulation in
building placement as well as architectural elements.
e. With the future Conditional Use Permit application,the submitted site plan shall depict
the location of cross-access along the east property boundary to ensure cross-access
with Parcel S0436347150.
f. The Applicant shall record a cross-access agreement to the property to the east(Parcel
S0436347150) for easier access to and from the future commercial uses along W.
Ustick Road; the recorded agreement shall be submitted with the future Certificate of
Zoning Compliance application.
g. The Applicant shall deed the required right-of-way for N. Cooper A venue to ACHD
prior to submitting for Certificate of Zoning Compliance approval.
h. Prior to submitting for Certificate of Zoning Compliance approval,the Applicant shall
deed the required future right-of-way to ACHD for the extension of NW I I th Avenue
in the northwest comer of the property
i. Prior to commencement of the multi-family use on the property, the applicant shall
obtain approval of a conditional use permit and meet the specific use standards set forth
in UDC 11-4-3-27.
6. COMPLIANCE PERIOD: This Agreement must be fully executed by December 3 1,
2022 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 Owner/Developer's default of this agreement,
Owner/Developer shall have thirty(30)days from receipt of written notice from City
to initiate commencement of action to correct the breach and cure the default,which
action must be prosecuted with diligence and completed within one hundred eighty
(180) days; provided, however, that in the case of any such default that cannot with
diligence be cured within such one hundred eighty (180) day period, then the time
allowed to cure such failure may be extended for such period as may be necessary to
complete the curing of the same with diligence and continuity.
7.3 Remedies. In the event of default by Owner/Developer that is not cured after notice
from City as described in Section 7.2, City shall,upon satisfaction of the notice and
hearing procedures set forth in Idaho Code section 67-6511 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 tenninate 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.
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 I I above.
13. ABIDE BY ALL CITY ORDINANCES: That Owners and/or Developer agree to
abide by all ordinances of the City of Meridian unless otherwise provided by this Agreement.
14. NOTICES: Any notice desired by the parties and/or required by this Agreement shall
be deemed delivered if and when personally delivered or three (3) days after deposit in the United
States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as
follows:
CITY: with copy to:
City Clerk City Attorney
City of Meridian City of Meridian
3 3 E. Broadway Ave. 33 E. Broadway Avenue
Meridian, Idaho 83642 Meridian, Idaho 83642
OWNER/DEVELOPER:
The Housing Company
P.O. Box 6943
Boise, ID 83707
14.1 A party shall have the right to change its address by delivering to the other party
a written notification thereof in accordance with the requirements of this section.
15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto
concerning this Agreement,the prevailing party shall be entitled,in addition to any other relief as may
be granted, to court costs and reasonable attorney's fees as determined by a Court of competent
jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall
survive any default, termination or forfeiture of this Agreement.
16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is
strictly of the essence with respect to each and every term,condition and provision hereof,and that the
failure to timely perform any of the obligations hereunder shall constitute a breach of and a default
under this Agreement by the other party so failing to perform.
17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure
to the benefit of the parties' respective heirs, successors, assigns and personal representatives,
including City's corporate authorities and their successors in office. This Agreement shall be binding
on the Owner/Developer, each subsequent owner and any other person acquiring an interest in the
Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions
thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor
owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed.
City agrees,upon written request of Owner/Developer,to execute appropriate and recordable evidence
of termination of this Agreement if City, in its sole and reasonable discretion, had determined that
Owner/Developer have fully performed their obligations under this Agreement.
18. INVALID PROVISION: If any provision of this Agreement is held not valid by a
court of competent jurisdiction,such provision shall be deemed to be excised from this Agreement and
the invalidity thereof shall not affect any of the other provisions contained herein.
19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided,each party
shall act reasonably in giving any consent,approval,or taking any other action under this Agreement.
20. COOPERATION OF THE PARTIES: In the event of any legal or equitable action
or other proceeding instituted by any third party (including a governmental entity or official)
challenging the validity of any provision in this Agreement,the parties agree to cooperate in defending
such action or proceeding.
21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements,
agreements, condition and understandings between Owner/Developer and City relative to the subject
matter hereof, and there are no promises, agreements, conditions or understanding, either oral or
written, express or implied, between Owner/Developer and City, other than as are stated herein.
Except as herein otherwise provided,no subsequent alteration,amendment,change or addition to this
Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or
their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted
ordinance or resolution of City.
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]
ACKNOWLEDGMENTS
IN WITNESS WHEREOF,the parties have herein executed this agreement and made it
effective as hereinabove provided.
OWNERS/DEVELOPER:
The Housing Company
r-"�
By:
CITY OF MERIDIAN ATTEST:
By: Mayor Robert E. Simison 11-9-2022 Chris Johnson, City Clerk 11-9-2022
STATE OF IDAHO
ss:
County of Ada
�
On this 9 day ofCi4o6et- 2022,before me,the undersigned,a Notary Public in and 1br said State,
personally appeared—6,4.,, Av%.4&r50--% known or identified to meto be the Me-e-C6-e- -of
The Housing Company 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.
Notar�fAi'c for,*-3- 11
ZZ Residing at: V a k A
OTA 10
0 00 My Commis
0
't '0013 LIC
%
STATE OF IDAHO % 7.No
ss 10
00
County of Ada F
2
On this 9th day of November 2022, betbre me, a Notary Public, personally appeared Robert E.
Simison and Chris Johnson,known or identified to me to be the Mayor and Clerk,respectively,of the City of Meridian,
who executed the instrument or the person that executed the instrument of behalf of said City,and acknowledged to me that
such City executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this
certificate first above written.
Notary Public for Idaho
Residing at: Meridian, Idaho
Commission expires: 3-28-2028
ANNEXATION
EXHIBIT A
LEGAL DESCRIPTION
Being a portion of the SWI/4 of the SEI/4 of the SWI/4 of Section 36,T 4N,R IW,
Boise Meridian,City of Meridian,Ada County,Idaho, more particularly described
as follows:
Commencing at the southwest corner of said Section 36 which bears N8842'44"W a
distance of 2,662.13 feet from the south quarter corner of said Section 36;thence on
the south line of said Section 36 S88'42'44"E a distance of 1,331.05 feet to the west
sixteenth corner of said Section 36 also being the Point of Beginning; thence
continuing on said South line of Section 36 S88'42'44"E a distance of 665.55 feet;
thence N00023'45"E a distance of 141.63 feet; thence N67009'18"W a distance of
129.84 feet; thence N71'02'01"W a distance of 75.67 feet; thence N66'36'48"W a
distance of 55.79 feet; thence N51'23'44"W a distance of 66.02 feet; thence
N47'26'23"W a distance of 78.17 feet; thence N38028'47"W a distance of 31.20 feet;
thence N72'42'37"W a distance of 123.96 feet; thence N71013'56"W a distance of
117.61 feet;thence N69015'27"W a distance of 67.37 feet to a point on said sixteenth
line of Section 36;thence on said sixteenth line of Section 36 SOO'20'32"W a distance
of 440.85 feet to the Point of Beginning.
Containing 4.54 Acres more or less
LA
,CEN
IL
18350
(j)
N
ANNEXAVON
PORTION OF SW 1/4 OF THE SE 1/4
Scale I'=400'
OF THE SW 1/4 OF SECTION 34, 6mmmmmmmme�—
T.4N., RI .W., E301SE MERIDIAN, CITY 0 200' 400,
OF MERIDIAN, ADA COUNTY, IDAHO. REARINGS AND DISTANCES MA� VA%FROM
PREVIOUS PLATS DUE TO DIFFERENT ETHODS
OF MEASUREMENTS,
PPLE PINE
z
_ __�Z-�i
0
OODCH
Lu
W7
w of
a.—VVO-CR7pq1q,�-�
0
Lu
z
0
R-Q�D
Z)
L6
L5 z
L -i
z L3 w
L C-01
L10 <
L9 z
L8 w
>
P.O.d.
P.QC. MS-42'
-----------E7--
SW CORN S88'49'44"
SECTION 36 ::W��1/16C R EIR S88*42'44"E-:2616213'B B USTICK ROAD
N 6
PEBB STONE ST.
N ST. Lu S 1/4 CORNER
Of
0 SECTION 36
Cal
Lu TICK ROAD
Rw
Parcel Line Table STANHOPE ST
z
Line# Length Bearing w
Ll 440.85' SO'20'32"W w
< F-
L2 78.17' N47'26'23"W LIL 00
1-3 31.20' N38'28'47"W FOUND MONUMENT
B.O.B.BASIS OF BEARING
L4 1 123.96' N72o42'37"W P.O.B.POINT OF BEGINNING
L5 117.61' N71'13'56"W P.O.C. POINT OF COMMENCEMENT
L6 67.37' N690 15'27"W CITY OF MERIDIAN
L7 129.84' N67'09'18"W r
1-8 75.67' N71*02'01"W AREA TO BE ANNEXED
L9 55.79' N66o 36'48"W
L10 66.02' N510 23'44"W
1-11 141.63' NO*23'45"E
ACKERMAN
f%%;ESTV0T-r5-
7661 West Riverside Drive,Ste.102 ,Garden City,ID 83714
208.853.6470.www,ackerman-estvold.com
,JOB No: R21189 Minot.ND I Fargo,ND I Withaton,ND I Boise,ID��
EXHIBIT B
CITY OF MERIDIAN
FINDINGS OF FACT,CONCLUSIONS OF LAW (.��VEIP\IDIANI_�
AND DECISION & ORDER '111�
In the Matter of the Request for Annexation and Zoning of 4.54 acres of land with a request for the
R-15 zoning district for the future purpose of constructing an affordable housing,multi-family
residential project,by The Housing Company.
Case No(s). H-2021-0092
For the City Council Hearing Date of. February 1, 2022 (Findings on February 15, 2022)
A. Findings of Fact
I. Hearing Facts(see attached Staff Report for the hearing date of February 1, 2022, incorporated by
reference)
2. Process Facts(see attached Staff Report for the hearing date of February 1, 2022, incorporated by
reference)
3. Application and Property Facts(see attached Staff Report for the hearing date of February 1,
2022, incorporated by reference)
4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing
date of February 1, 2022, incorporated by reference)
B. Conclusions of Law
I. 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 I I 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(1160 W.Ustick Annexation—FILE#H-2021-0092)
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of February 1, 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 § I I-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 is hereby approved per the conditions of
approval in the Staff Report for the hearing date of February 1, 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 I I-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-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 shal I be required to go through the platting procedure again (UDC I I-
613-7Q.
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 I I-513-6.G.1, the Director may authorize a single extension of the time to commence the
use not to exceed one(1)two(2)year period. Additional time extensions up to two (2)years as
determined and approved by the City Council may be granted. With all extensions,the Director
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(1160 W.Ustick Annexation—FILE#H-2021-0092)
or City Council may require the conditional use comply with the current provisions of Meridian
City Code Title I I(UDC 11-513-617).
Notice of Development Agreement Duration
The city and/or an applicant may request a development agreement or a modification to a
development agreement consistent with Idaho Code section 67-651 IA. The development
agreement may be initiated by the city or applicant as part of a request for annexation and/or
rezone at any time prior to the adoption of findings for such request.
A development agreement may be modified by the city or an affected party of the development
agreement. Decision on the development agreement modification is made by the city council in
accord with this chapter. When approved, said development agreement shall be signed by the
property owner(s)and returned to the city within six(6)months of the city council granting the
modification.
A modification to the development agreement may be initiated prior to signature of the
agreement by all parties and/or may be requested to extend the time allowed for the agreement
to be signed and returned to the city if filed prior to the end of the six(6)month approval
period.
E. Notice of Final Action and Right to Regulatory Takings Analysis
I. Please take notice that this is a final action of the governing body of the City of Meridian.
When applicable and pursuant to Idaho Code § 67-652 1, any affected person being a person
who has an interest in real property which may be adversely affected by the final action of the
governing board may within twenty-eight(28)days after the date of this decision and order
seek a judicial review as provided by Chapter 52, Title 67, Idaho Code.
F. Attached: Staff Report for the hearing date of February 1, 2022.
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(1160 W.Ustick Annexation—FILE#H-2021-0092)
By action of the City Council at its regular meeting held on the 15th day of February
2022.
COUNCIL PRESIDENT BRAD HOAGLUN VOTED AYE
COUNCIL VICE PRESIDENT JOE BORTON VOTED
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 RobertE. Sirni��
Attest:
C�VIE"'I"I N
SEAL
Chris Johnson
City Clerk
Copy served upon Applicant, Community Development Department,Public Works Department and City
Attorney.
By: Dated: 2-15-2022
Cit�'C"leAVsW-fici-
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(1160 W.Ustick Annexation-FILE#H-2021-0092)
STAFF REPORT El�
C>Wl
COMMUNITY DEVELOPMENT DEPARTMENT
HEARING 2/1/2022
DATE: Legend OF 241 NOM17M 0
ElProject Locaticn
TO: Mayor&City Council
FROM: Joe Dodson,Associate Planner
208-884-5533
SUBJECT: H-2021-0092
U
1160 W. Ustick Annexation
AtT
LOCATION: The site is located at 1160 W. Ustick
U111111UH
Road,on the north side of Ustick
between N. Linder Road and N. Venable
Avenue, in the SE 1/4 of the SW 1/4 of
Section 36,Township 4N,Range IW.
1. PROJECT DESCRIPTION
Annexation and Zoning of 4.54 acres of land with a request for the R-15 zoning district for the future
purpose of constructing an affordable housing,multi-family residential project,by The Housing
Company.
11. SUMMARY OF REPORT
A. Project Summary
Description Details Page
Acreage AZ—4.54 acres;Project Site—3.81 acres
Future Land Use Designation Mixed-Use Community(MU-C)and Medium Density
Residential (MDR)
Existing Land Use(s) Vacant
Proposed Land Use(s) Multi-family Residential,rent restricted
Lots(#and type;bldg./common) One(1)building lot known at this time.
Phasing Plan(#of phases) Proposed as one phase.
Physical Features(waterways, Lemp Canal runs along north boundary and is piped.
hazards,flood plain,hillside)
Neighborhood meeting date;#of October 26,2021 —number of attendees unknown by Staff.
attendees:
History(previous approvals) N/A
B. Community Metrics
Description Details Page
Ada County Highway
District
• Staff report(yes/no) Yes
• Requires ACHD No
Commission Action
(Yes/no)
Access Access is proposed to W. Ustick Road(arterial)via construction of a new local
(Arterial/Collectors/State street connection at the very southeast comer of the site in alignment with N.
Hwy/Local)(Existing and Blairmore Way on the south side of W.Ustick Road.
Proposed)
Stub Applicant is proposing to extend a new local street from Ustick to the north
Street/Interconnectivity/Cross property boundary(length is approximately 100 feet).No other stub streets or are
Access proposed.
Existing Road Network Ustick Road is an existing 5-lane arterial street—4 lanes of travel plus a center
turn lane.
Existing Arterial Sidewalks Ustick Road is constructed with curb,gutter,and 5-foot detached sidewalk.
Buffers
Proposed Road ACHD staff report notes that no road improvements are required as Ustick Road is
Improvements currently built to its ultimate configuration adjacent to the site.
Fire Service
• Distance to Fire 1.8 miles to Fire Station#2; 1.9 miles to Fire Station#3.
Station
• Fire Response Time Project lies within 5-minute response time goal.
Police Service
Concerns None/no comments
Wastewater
Impacts/Concems * Provide to-and-through to 3335 N Cooper Ln in a way that meets city
requirements.
* Ensure no permanent structures(trees,bushes,buildings,carports,trash
receptacle walls,fences,infiltration trenches,light poles,etc.)are built within
the utility easement.
9 Ensure no sewer services cross infiltration trenches
Water
• Project Consistent Yes
with Water Master
Plan
• Impacts/Concerns 9 There are no changes to the water infrastructure shown in this record.A utility
plan will need to be reviewed and approved by PW.
9 There is an existing water stub off of W Ustick Rd that will either need to be
used or abandoned.
all a am
LU Lu
0 LLLI
am
a EWAN ap
I a
NONNI
MEMO
TI
IIIIII r-d.,
------- all
a
a
sommons,
IV. NOTICING
Planning& Zoning City Council
Posting Date Posting Date
Newspaper Notification 12/21/2021 1/16/2022
Radius notification mailed to
properties within 500 feet 12/15/2021 1/14/2022
Site Posting 12/21/2021 1/21/2022
Nextdoor posting 12/16/2021 1/14/2022
V. STAFF ANALYSIS
A. Future Land Use Map Designation(https:llwww.meridiancity.orzlcompplan)
The subject project site includes two f4ture land use designations: Mixed-use Community is
shown on a majority of the site with Medium Density Residential being shown on the west
quarter of the site.
Mixed Use Community (MU-C)—The purpose of this designation is to allocate areas where
community-serving uses and dwellings are seamlessly integrated into the urban fabric. The intent
is to integrate a variety of uses, including residential, and to avoid mainly single-use and strip
commercial type buildings. Non-residential buildings in these areas have a tendency to be larger
than in Mixed Use Neighborhood (MU-N) areas, but not as large as in Mixed Use Regional (MU-
R)areas. Goods and services in these areas tend to be of the variety that people will mainly travel
by car to,but also walk or bike to (up to three or four miles). Employment opportunities for those
living in and around the neighborhood are encouraged.
Medium Density Residential(MDR)—This designation allows for dwelling units at gross
densities of three to eight dwelling units per acre. Density bonuses may be considered with the
provision of additional public amenities such as a park, school,or land dedicated for public
services.
The subject site is approximately 3.8 acres in size and abuts W. Ustick Road along its entire
southern boundary. The property is widest at the west boundary and smallest at the east
boundary, approximately 390feet versus 90feet, respectively. There are no public streets
abutting the site exceptfor approximately I I feet of right-of-way at the very northwest corner of
the sitefor NW I Ph Avenue. The placement of this stub street is not in an ideal location as its
extension now relies on two different parcels to extend it or dedicate additional right-of-way.
Unfortunately, the placement of this stub street will likely dictate a majority or all of the public
road to be on the property to the west, 1250 W. Ustick Road, to connect to a stub street on its
west boundaiyfi-om Tetherow Crossing Subdivision. In addition, at the northeast corner of the
site a relatively large residential lot exists (3335 N. Cooper Lane) that was annexed and zoned as
part of the adjacent Woodburn West Subdivision to the north but does not take access through
that subdivision. Instead, this property takes access via a private road easement through this
subject site to Ustick. Between this parcel and the Woodburn subdivision and running along the
entire northern boundary is a common lot owned by the Woodburn HOA which contains the
piped Lemp Canal. This common lot does not appear to befenced offfrom the subject parcel but
the submitted conceptplans do not contemplate this area either. Staff assumes this area will be
fenced offsince there are two different property owners; Staff notes that iffencing is proposed in
thefuture, open visionfencing will be requiredfor crimeprevention purposes per the Unified
Development Code(UDQ. Therefore, the property is a relatively odd-shaped parcel with its own
set of challenges derivedfrom previous planning decisions, its dimensions, and its general
location.
As briefly discussed, the majority of adjacent parcels are single-family residential with the
exception of the C-Cproperty to the east that shares approximately 90feet ofproperty boundary.
This property, Settlers Square, recently received Development Agreement modijication to include
MUlti7family townhomes on the north half of their site. More importantly, that Applicant is
required to provide cross-access between their property and this one. In anticipation of this, the
submitted conce tplanfor this site should also depict an area of cross-access in reciprocation.
p
The proposed usefor the subject site is multi-family residential which is a conditional use in the
requested R-15 zoning district and is subject to specific use standards (UDC 11-4-3-27).
However, the Applicant is proposing this project with a couple notable differences to traditional
multi-family residential seen elsewhere in the City ofMeridian. First, the submitted conceptplan
and conceptual elevations show 6-plexes and 8-plexes, no more than two-story in height, that are
accessedfrom one side of the building and look similar to a townhome instead of a garden style
apartment. Secondly, the Applicant proposes this multi-family project to be affordable housing in
theform ofdeed restricted rentsfor the entire site. Stafffinds the specific use of affordable
housing, no matter the type, is greatly needed within the City and is essentially its own residential
use. Staff has worked with the City Attorney's office to propose adequate Development Agreement
(DA)provisions to ensure the proposed use of deed restricted housing units is maintained.
As noted above, the subject site contains twofuture land use designations, Mixed Use Community
(MU-C) and Medium Density Residential(MDR). Stafffinds the proposed use to be in alignment
with the anticipated uses in both designations. Furthermore,future land use designations are not
always parcel speci/ic when more than one exists on the same project area. In short, the City has
allowed Applicants to utilize one or both of the designationsfor their project site. However, in
orderfor the proposed 52 affordable multi-family units to meet the gross density requirements,
the project must be analyzed against the MU-C designation which allows dwellings at a gross
density of 6-15 dulac. Staff notes that a future Conditional Use Permit(CUP) will be required
and the number of units will be more thoroughly analyzed with that application. The subject Mu-
C area is located around a mid-mile corridor and has minimal commercial uses currently
developed. Previous applications in the area have allowed a reduction in commercial areas due
to the viability of commercial being lower in these mid-mile locations than on the arterial
intersections. However, Staffanticipates most of the remaining unannexed land to the east that is
part ofthis MU-C bubble will be commercial because they directly abut Ustick Road which
drastically increases the visibility offuture businesses. In addition, as seen on thefuture land use
map, the area to the north ofsubjectparcel was specijically carved out of the MU-C area to
allowfor more traditional residential uses. This choice, coupled with the existing stub street
locations and large annexed outparcels adjacent to the site, has created a site that cannot viably
meet thefundamental goals andpolicies outlined in the comprehensive planfor the previously
envisioned mixed usefuture land use. Minimal opportunities existfor shared spaces with other
MU-Cparcels to the east and even cross-access to the C-Cparcel to the east is only attainable
through 90feet ofshared property line. Because of these constraints to the site and nearby area,
Sta does notfind itfeasiblefor the Applicant to meet all of the mixed-use policies,provide
Of
additional commercial area, and should instead be an affordable MUlti7family housing
development.
Outside of the proposed use, the concept plan should also be analyzed against the Comprehensive
Plan. The submitted concept plan depicts six (6) 6-plex building and two (2) 8-plex buildings, all
two-story in height and the 8-plex buildings only proposed along Ustick. The proposed 6-plex
buildings are only two-stoiy in the center of the building with the outer units being shown with an
elevated roofline and apparent bonus room or vaulted ceilings;no more than four(4) units are
on thefirstfloor of each building. The site is shown with a looping drive aisle due to the odd
shape of the parcel that has parking on both sides and the clubhouse andplayground area in the
center of the project. Because of the existing common lot between this parcel and the Woodburn
Subdivision to the north, the two-story buildings are proposed with a relatively large physical
separation. In addition, at least three of the homes closest to the subject site are two-story in
height. The Applicant is also showing open space adjacent to the single-family home to the
northeast taking access via a private drive. Along the west boundary, the Applicant is showing a
15-foot buffer that would be adjacent to afuture road extension (NW I Ph Avenue)for a majority
of this sharedproperi),lin&--the existing single-family home on this adjacent propero,is located
on the west side of its lot, approximately I 00feetfrom the sharedpropero,line. Therefore, Staff
finds the Applicant has provided appropriate building massing, open space locations and buffer
widths, and appropriate transition of residential use and densit�v to adjacent residential uses.
Because of this analysis, Stqfffinds the proposedproject and use of affordable multi-family
residential to be generally consistent with the Comprehensive Plan. Specific Comprehensive Plan
policies are discussed and analyzed below.
The City may require a development agreement(DA) in conjunction with an annexation pursuant
to Idaho Code section 67-6511 A.In order to ensure the site develops as proposed with this
application and phasing plan, Staff recommends a DA as a provision of annexation with the
provisions included in Section HILA 1. The DA is required to be signed by the propero,
owner(s)ldeveloper and returned to the Cio,within 6 months of the Council granting the
annexationfor approval.
B. Comprehensive Plan Policies(httys:llwww.meridiancitv.orzlcompplan):
The applicable Comprehensive Plan policies are cited below with Staff analysis in italics.
"Consider providing incentives to developers that produce affordable housing units as defined by
f'ederal and state agencies."(2.0 1.0 11).Although the City does notprovide economic or
dimensional relief to Applicantsfor affordable housing, Stqfffinds it appropriate to analyze this
project outside of the mixed-usefuture land use vacuum. In addition, because the use of
affordable housing units is in great need within the Cit),ofMeridian, Staff has proposed DA
provisions to ensure the proposed use is maintainedfor many years to come.
"Establish and maintain levels of service for public facilities and services,including water, sewer,
police,transportation,schools,fire,and parks"(3.02.0 1 G).All Cio,services are availablefor the
subject site. West Ada School District(WASD)has submitted a letter noting that approximately
24 school aged children could be housed in thefuture development and all schools in the
applicable attendance areas currently have capacit),to accommodate additional children. A CHD
has provided a staff report that analyzed the proposedproject and has approved the submitted
conceptualplan, use, and transportation element.
"Avoid the concentration of any one housing type or lot size in any geographical area; provide for
diverse housing types throughout the City."(2.0 1.0 1 G). As noted above, the proposed use of
affordable multi-family housing can be considered a separate residential use and Staff has
chosen to view it in this way. Traditional multi-
fiamily residential exists to the southeast of the site
on the south side of Ustick and townhome style multi-family is proposed on a portion of the C-C
property directly to the east; detached single-family residential exists to the south, west, and
north of the subject site and are all zoned R-8. The multi-family component of the use would be a
new use on the north side of Ustick in this area; the affordable housing component of the use
would be a use the City ofMeridian has not seen in many years in anyplace in the City. Staff
supports theproposed use.
"Require pedestrian access in all new development to link subdivisions together and promote
neighborhood connectivity."(2.02.0 ID).Despite theproject being on an odd shapedparcel with
many constraints, the submitted conceptplan depicts robust pedestrian facilities throughout the
site and to adjacent parcels. The Applicant is showing multiple connections to the existing
arterial sidewalk as well as a pedestrian connection to the eastproperty line and at the very
northwest corner of the siteforfuture connectivity. Due to the requirements of the project to the
east, it is anticipated the pedestrian facilities will be continued within the commercial component
of that project. In addition, the connection at the northwest corner would connect to the attached
sidewalk along thefuture extension ofNW I ph Avenue. Additional pedestrian connectivity may be
required with thefuture CUP application.
"Encourage a variety of housing types that meet the needs,preferences,and financial capabilities
of Meridian's present and future residents." (2.01.02D). Proposed use of affordable multi-family
housing units is encouraged to assist in meeting the needs ofpresent andfuture residents based
on theirfinancial capabilities.
In addition to general comprehensive plan policies, Staff finds the following mixed-use policies
are also met with the proposed development:
• A mixed use project should include at least three types of land uses. Exceptions may be
granted for smaller sites on a case-by-case basis. This land use is not intended for high
density residential development alone.
• All mixed use projects should be accessible to adjacent neighborhoods by both vehicles and
pedestrians. Pedestrian circulation should be convenient and interconnect different land use
types.Vehicle connectivity should not rely on arterial streets for neighborhood access.
• All mixed use projects should be accessible to adjacent neighborhoods by both vehicles and
pedestrians. Pedestrian circulation should be convenient and interconnect different land use
types.Vehicle connectivity should not rely on arterial streets for neighborhood access.
• All mixed use projects should be accessible to adjacent neighborhoods by both vehicles and
pedestrians. Pedestrian circulation should be convenient and interconnect different land use
types. Vehicle connectivity should not rely on arterial streets for neighborhood access.
Stafffinds this development to be generally consistent with the Comprehensive Plan.
C. Existing Structures/Site Improvements:
There is one existing structure on the property that appears to be a large concrete structure. This
structure will be removed upon project development. In addition,there is existing 5-foot wide
detached sidewalk along Ustick Road that will be protected and maintained during construction.
D. Proposed Use Analysis:
The proposed use of Multi-Family Residential is a conditional use in the requested R-15 zoning
district. Staff has included analysis on the proposed use in relation to adjacent properties and the
underlying future land use in the Comprehensive Plan section above. All required specific use
standards for the proposed use will be analyzed with the future CUP applications.
E. Dimensional Standards (UDC 11-2)
The Applicant is proposing to annex the subject property into the City with the R-15 zoning
district. As noted above, the proposed use is multi-family so the use is proposed on one lot and
will therefore meet the minimum lot size requirement of 2,500 square feet. In addition,multi-
family residential specific use standards require at least 10 feet of separation between buildings
and to any property line. According to the submitted concept plan, the Applicant is in compliance
with this dimensional standard.
The R-15 zoning district has a minimum landscape buffer requirement of 25 feet to any adjacent
arterial street. The submitted concept plan shows this 25-foot landscape buffer to W. Ustick
compliant with the required dimensional standards.
The R-15 zoning district has a maximum height limit of 40 feet. The submitted conceptual
elevations do not depict measurements but all buildings are proposed as two-story in height so
Staff is not concerned with the Applicant meeting this standard. With a future CUP application,
Staff will confirm conformance with the required dimensional standards of the R-15 zone and the
multi-family residential project specific use standards (11-4-3-27).
F. Building Elevations(UDC 11-3A-19 I Architectural Standards Manual)
The Applicant has submitted conceptual elevations of the future multi-family 6-plex buildings but
not of the noted 8-plex buildings.Multi-family residential projects require Administrative Design
Review(DES)approval with future applications so Staff will perform a thorough analysis at that
time. The Applicant has the option to submit concurrently for design review with their future
CUP application.
Initial review of the conceptual elevations depicts a 6-plex building with varying roofprojiles and
materials including stone,fiber-cement lap siding, and board& batten in different layouts. The
elevations also depict the tallest portion of the buildings toface in towards the site which appears
to minimize the building massingJacing adjacent properties.
G. Access(UDC-1 1-3A-3, 11-3H-4):
Access is proposed to W. Ustick Road (arterial)via construction of a new local street connection
at the very southeast comer of the site in alignment with N. Blairmore Way on the south side of
W. Ustick Road. The submitted plans show this new road to extend from Ustick and then
terminate at the north property boundary to be a total of approximately 100 feet in length. Access
to the multi-family residential buildings is proposed off of this new local street segment in the
form of a driveway connection on its west side. All parking and access to the proposed units are
off of this drive aisle that loops through the site.
There is an existing home at the northeast comer of the subject property that currently takes
access to Ustick Road via a private lane easement,N. Cooper Lane. According to the Applicant,
the existing location of this private lane and curb cut are not in the correct position per the
recorded easement. In fact,the Applicant has stated the easement is located further east and in
alignment with the proposed local street extension. Therefore, the Applicant does not have to
relocate the easement so long as access is still being provided as proposed. In addition, the
Applicant is proposing to construct a new segment of private driveway for this homeowner to
have access to the new local street.ACHD has offered their support of the proposed access and
driveway connections for the project.
Local street access is not currently available to serve this site.Further,the applicant should
provide cross access to the eastern parcel to allow access to the planned commercial uses and
reciprocate access as was required with the adjacent eastern property. The executed cross access
agreement should be submitted with the future CZC application.
As noted above, there is a small area of existing right-of-wayfor NW I I th Avenue abutting the
subject site at the very northwest corner. It is anticipated this public road would be extended
wholly on the property to the west exceptfor the sliver of right-oj'-way aforementioned(see
exhibit to the right). The property to the west has an additional ru
public street stub to their west boundan)from Tetherow LU
Crossing Subdivision currently under development. Therefore,
the property to the west would be responsiblefor two public
street extensions within the MDR designation. Code callsfor
cross-access between parcels but because of the proposed
development and site constraints, Staff does notfind it necessary
to require a stub to the west boundatyforfuture connectivity.
Further, Stafffinds if a connection were to be required, it would
promote cross-access through parking drive aisles meant to
serve thefuture residents of this site; this would create more of
a thoroughfarefor residential trafJic through this drive aisle
that is intendedfor parking and access to the multi-family units.
Commission and Council should determine if cross-access to the
west is neededfor this property in spite of thesefactors.
In general, Staff supports the proposed transportation element of
NAG MA71C AD
the subject project and site. AL C
H. Parking(UDC 11-30
Off-street parking is required to be provided in accord with the standards listed in UDC Table H-
3C6B for residential uses based on the number of bedrooms per unit and should include guest
spaces based on the ratio of one(1) space for every 10 dwelling units. Because this application
does not directly analyze unit count, Staff will confirm compliance with these standards with the
future CUP submittal for the proposed use. In anticipation of this review,the Applicant did
provide conceptual bedroom and parking counts on the conceptual site plan. According to these
numbers, a minimum of 105 parking spaces (at least 52 covered spaces)would be required for the
conceptual 52 units and includes the required five (5)guest spaces. The conceptual site plan
shows a total of 115 parking spaces,of which 5 2 are proposed to be covered.
Initial review of the concept plan does not give Staff concern over the amount of parking due to
the anticipated number of spaces being above the requirement and Staff sees a few areas on the
site plan to include a few additional spaces.
L Sidewalks(UDC 11-3A-1 7)
A 5-foot wide detached sidewalk is existing along W. Ustick Road. The Applicant is also
proposing attached sidewalks and other micro-paths throughout the entire site. The proposed
sidewalks and micro-paths will be analyzed against UDC dimensional requirements with the
future CUP application.
In addition to the proposed sidewalks and micro-paths shown on the conceptplan, Staff is
recommending an additional pathway along the north boundary to help activate the approved
open spacefrom the Woodburn Subdivision that is the area of the piped Lemp Canal directly
behind six(6) existing homes. Staff believes a gravel pathway suitablefor at least walking should
meander through this area of the site, behind afew of the proposed buildings, so this open space
area is not walled offany more than it has been by the Woodburn Subdivision. Despite this area
not being a part of this project orproperty, this Applicant could work with the Woodburn
Subdivision to better utilize and access this spacefor a public benefit. Staff is not recommending
the Lemp Canal area befurther improved but is recommending better access is providedfrom
within this project to this area so it could be utilized by both project areas. Staff is recommending
a DA provision in line with this discussion.
J. Waterways (UDC 11-3A-6):
The Lemp Canal abuts the subject site along the north property boundary and is already piped. As
noted,this area is owned and maintained by the adjacent Woodburn Subdivision HOA but does
not appear to be fenced off from this subject site. Should this Applicant decide to fence this area
off, Staff will analyze any proposed fencing to ensure compliance with UDC standards for
fencing adjacent to irrigation common lots.
K. Pressurized Irrigation(UDC 11-3A-15)
The Applicant is required to provide a pressurized irrigation system for the development in
accord with I 1-3A-15.No irrigation plans have been submitted for this use at this time but Staff
anticipates this will be handled with future development applications,most likely with the future
Certificate of Zoning Compliance that is required prior to building permit submittal. Land
Development will review these plans in more detail at a later date when specific irrigation plans
are submitted.
VI. DECISION
A. Staff-
Staff recommends approval of the requested annexation and zoning with the requirement of a
Development Agreement per the Findings in Section IX of this staff report.
B. The Meridian Planning&Zoning Commission heard these items on January 6,2022. At the
public hearing, the Commission moved to recommend approval of the subiect Annexation
request.
I. Summary of Commission public hearing:
a. In favor: Erin Anderson,The Housing Company(Applicant)
b. In opposition: None
c. Commenting: Erin Anderson
d. Written testimony: None
�L. Staff presenting application: Joseph Dodson, Associate Planner
f. Other Staff commenting on application: None
2. Key issue(s)of public testimony:
a. None
3. 'key issue(s)of discussion by Commission:
a. How the proiect will be manned on-site, specifically if it will be manned 24-hours;
b. Is the proiect meant to be an age-restricted development—No, per the Applicant,
C. The reasoning behind Staff s recommended additional aravel pathway along the north
boundary;
d. Parameters of proiect that are more and less important due to the proposed land use
being for affordable housing in lieu of market-rate units;
e. How does Staff envision Cooper Lane and NW I 11h beinp,extended in the future;
4. Commission change(s) to Staff recommendation:
a. Modify recommended DA Provision A.I i to include the Applicant work with the
adiacent HOA of the Woodburn Subdivision to try and share the recommended gravel
Pathway within their oven syace lot that contains the vined irrigation facility.
5. Outstanding issue(s)for City Council:
a. Staff has not received information regarding the Applicant and the Woodburn HOA
working topether to share the recommended gravel vathway. Staff is not overly
concerned with this as Parks and Recreation have noted the internal sidewalks are
adequate enough for pedestrian circulation and any future shared pathway could be
handled by the City and the HOA workine toaether should the City determine it is a
needed pathway segment in the future.
.C. The Meridian City Council heard these items on February I� 2022. At the l2ublic heariniz, the
Council moved to al2prove the subject Annexation and Zoning reguest
I. -Summary of the City Council 12ublic heaLjfly.�
a. In favor: Erin Anderson. A1212licant
b. In o1212osition: None
ii. CommentinQ: Erin Anderson: Eric Pugmire. neighbor.
d. Written testimony: Morgan Keating—neighbor who supports l2roject and concel2t o
affordable housiniz in Meridian
e. Staff l2resenting al2l2lication: Joseph Dodson, Associate Planner
f. Other Staff commenting on application: Bill Nary. City AttoMey
2. Key issue(s) of 12ublic testimony
a. In favor of development but wams against reguiring shared pathway/ol2en sl2ace wit
.Woodburn Subdivision and a 12reference for a fence to be constructed along the
l2erimete of l2rol2e=,
3. Key issue(s)of discussion by City Council:
a. Assessment values of affordable housing projects versus non-restricted Pro-jects and
overall salability of a l2rol2e=/buildings if they are deed restricted:
b. Difference of discussed funding sources and]2otential of]2roject moving forward
without the funding—furthermore, the timeline of obtainin2 fundinQ for the l2roject and
whether City timelines will align and accommodate reQuired timeline;
C. What is the need for a DA l2rovision restricting the l2roject to affordable if future funding
will do this and the 12ro]2erty will be deed restricted-
d. If property is annexed but funding is not obtained, will 12rol2erty be resold—AI212lican
stated l2roject would continually reguest funding for affordable and not resell 12rol2eUy:
e. Need for the additional l2athway along north boundary.
f. Anticipated extension of adjacent NW I I lh Avenue into site to the west and whether this
road extension would render that 12rol2ea less valuable due to need for relatively large
.areas of road dedication,
4. City Council change(s)to Commission recommendation:
a. Revise the affordability DA l2rovision with the A1212licant in order to allow for up to 6
market rate units,i2er the A]2]21icant:
b. Strike l2rovision regarding gravel l2athway along north boundary.
VII. EXHIBITS
A. Annexation and Zoning Legal Description and Exhibit Map
ANNEXATION
EXHIBIT A
LEGAL DESCRIPTION
Being a portion of the SWI/4 of the SE114 of the SWI/4 of Section 36, T 4N, R 1W,
Boise Meridian, City of Meridian, Ada County, Idaho, more particularly described
as follows:
Commencing at the southwest corner of said Section 36 which bears N88"42'44"W a
distance of 2,662.13 feet from the south quarter corner of said Section 36; thence on
the south line of said Section 36 S88'42'44"E a distance of 1,331.05 feet to the west
sixteenth corner of said Section 36 also being the Point of Beginning; thence
continuing on said South line of Section 36 S88'42'44"E a distance of 665.55 feet;
thence NOO'23'45"E a distance of 141.63 feet; thence N67'09'18"W a distance of
129.84 feet; thence N71*02'01"W a distance of 75.67 feet; thence N66'36'48"W a
distance of 55.79 feet; thence N51'23'44"W a distance of 66.02 feet; thence
N47'26'23"W a distance of 78.17 feet; thence N38'28'47"W a distance of 31.20 feet;
thence N72'42'37"W a distance of 123.96 feet; thence N71'13'56"W a distance of
117.61 feet; thence N69'15'27"W a distance of 67.37 feet to a point on said sixteenth
line of Section 36; thence on said sixteenth line of Section 36 SOO'20'32"W a distance
of 440.85 feet to the Point of Beginning.
Containing 4.54 Acres more or less
LA
\cEN
18350
0
/0
ANNEXATION
EXHIBIT B
F'CP\iION OF Sh' 1/4 0- T IL S-- 1/z-
-- I --m- c�lklfv* —1— —I L�N —5 6,
— 1/4 SE"
TAN- -31`-)IF�F CITY 0 2w
ML�dl_)I,A,f,,, '\L);, I -)"\I C. EIEAIRI\C��;,',j PST4K;i 1AY VAR,
pp
VA U�i-ATS DIJIF TC i �TH-.D-
W�PLE PINE
z
10,
0
> U,
CL --WMDPNE ST.
O_
oi
0:
OS
8-W--INb
0
L6 J
L4-' z
Z L3
Ig
m
L10
L9
LS w
—S81r 42'44T-.-T331-,05, P.O.8-
P.0,
WCORNER -S88'-42'44E-6654q
SECTION 36
W 1/16 R ER S88-42-44"E-2662.13-B 0 13' USTICK ROAD
— —SECTION 6
PEBBLESTONE ST.
LESTONqST. S 1/4 CORNER
10 SECTION 36 1
1
U ST I&KROA—D )
�2
]LIJ STANHOPE ST I
Parcel Lire Table
ILL]
Line 9 Length Bearing w
15� >
L' 440.86 W 20132"W Er
L2 75.17' N47'26'2aW ILL
13 3120' N38o 29 47'VV FOUND MONUMENT
B.0 B.BASIS OF BEARING
L4 123.96' N72'42'37VV P.0 B.POINT OF BEGINNING
Ims 117.61' N71'13'56VV P.O.C.POINT OF COMMENCEMENT
16 1 N89'15'2rW CITY OF MERIDIAN
L7 129.84' Ni 1i vvv
1 75 67* N71*i
AREA TO BE ANNEXED
Ims 55,79' NW 36'4&VV
1110 66 02' N51*23'44'VV
W 141.63,
ACKERMAN
IS.ESTV0L ID
7661 WerARimirmidell)"iye,Ste.102 Gwilen City.ID83714
J09 N--,): R21'89 2080536474
—It 40 1 Rlql,III I WIINQI HD 111i ID
B. Proposed Concept Plan
— - - ---------
�;64,
F
G�:=
7, oil
0
H z
79
U r
'JAI
M"
Cf)
r 71-
10 1
-i Vl-
C. Conceptual Elevations
T 11
NMI
EDH
D. Preliminary Open Space Exhibit
-7 CUMEREDPARKOGSPACES
52APARTMrNTUNO 116 PAAMNG SPUES VQ0 REQ)
SEW DO—PAGES Ew OEQ I
BEDS
BEDS am AAFA 181�WSF
O�GWSYM5A Masi
DOG PARK 1"'U.
O"HOOFISIACE 2011W.
—AP"
rmcgfmol D..,ACE 21%
-410
4q.. At
-Z* A74,
HLrrcHISON W USTICK RD
SMITH
ARCHITECTS
VIII. CITY/AGENCY COMMENTS & CONDITIONS
A. PLANNING DIVISION
I. 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)at the time of annexation ordinance adoption.
Currently, a fee of$303.00 shall be paid by the Applicant to the Planning Division prior to
commencement of the DA. The DA shall be signed by the property owner and returned to the
Planning Division within six(6)months of the City Council granting the annexation. The DA
shall,at minimum, incorporate the following provisions:
a. Future development of this site shall be generally consistent with the approved
concept plans and conceptual elevations included in Section VII and the
provisions contained herein.
b. Before the multi-family units are placed in service,(release of the first Certificate of
Occugancy) Owner and/or Developer shall record a low-income housing tax credit
regulatory agreement with the Ada County Recorder's Office to restrict the rental rates
on the units for a minimum of thirty(30)years to ensure the units are affordable to
individuals and families earning, averaged within the entire proiect, no more than sixty
percent(60%)of the area median income and provide said agreement prior to issuance of
.any building permit for the proposed usej except that u12 to six(6)of the proposed units,
may be market rate units to allow for flexibility in the funding source for this project.
of-&a4r-egtdatE)i=), agr-eemen
c. With the first phase of development,any existing structures on the property shall be
removed and all existing driveway curb-cuts to Ustick Road shall be closed.
d. Future structures proposed along the Ustick Road frontage shall provide modulation in
building placement as well as architectural elements.
e. With the future Conditional Use Permit application, the submitted site plan shall depict
the location of cross-access along the east property boundary to ensure cross-access with
Parcel S0436347150.
f. The Applicant shall record a cross-access agreement to the property to the east(Parcel
S0436347150)for easier access to and from the future commercial uses along W. Ustick
Road; the recorded agreement shall be submitted with the future Certificate of Zoning
Compliance application.
g. The Applicant shall deed the required right-of-way for N. Cooper Avenue to ACHD prior
to submitting for Certificate of Zoning Compliance approval.
h. Prior to submitting for Certificate of Zoning Compliance approval,the Applicant shall
deed the required future right-of-way to ACHD for the extension of NW I I th Avenue in
the northwest comer of the property.
+-.--NV4h-the—f4tur-e nd+tien4J6�Pemait lieation, At3elieant-Aia4-we4&widi-d:ie
adiRo@Ht %%rAR4it4AR �A IRAJINWR 9HhJiA4AiR;; 140 A addifienal 5
A --A____-A_ -_---)to add an
feet wide pathway shall be depieted along the neAh boundary of the site with eonneetions-
to the Woodbw%Subdivision ooen simee lot and-4o the intefaal sidewalks of fhj5::�.
Said pathway-AaRbeffmde4 aee mmedcqesa4;afede&t+4"
aetivities O.e. asphal ,gftm'�t4'etej.
j. Prior to commencement of the multi-family use on the property,the applicant shall obtain
approval of a conditional use permit and meet the specific use standards set forth in UDC
11-4-3-27.
B. PUBLIC WORKS
I. Site Specific Conditions of Approval
1.1 There are no changes to Public Works infrastructure shown with this application.A utility
plan must be submitted and reviewed by Public Works Engineering.
1.2 There is an existing water stub off West Ustick Road that must be utilized or abandoned,
per City Design Standards.
1.3 No permanent structures can be built within a City utility easement including but not
limited to trees, shrubs,buildings,carports, trash enclosures, fences, infiltration trenches,
light poles, etc.
1.4 No sewer services shall cross infiltration trenches.
1.5 A geotechnical report will be required to be submitted with the first building permit
application; any recommendations therein should be followed.
2. General Conditions of Approval
2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works
Department,and execute standard forms of easements for any mains that are required to
provide service outside of a public right-of-way. Minimum cover over sewer mains is
three feet, if cover from top of pipe to sub-grade is less than three feet than alternate
materials shall be used in conformance of City of Meridian Public Works Departments
Standard Specifications.
2.2 Per Meridian City Code(MCC), the applicant shall be responsible to install sewer and
water mains to and through this development. Applicant may be eligible for a
reimbursement agreement for infrastructure enhancement per MCC 8-6-5.
2.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public
right of way(include all water services and hydrants). The easement widths shall be 20-
feet wide for a single utility, or 30-fect wide for two. Submit an executed easement(on
the form available from Public Works), a legal description prepared by an Idaho Licensed
Professional Land Surveyor,which must include the area of the easement(marked
EXHIBIT A) and an 81/2"x I I"map with bearings and distances(marked EXHIBIT B)
for review. Both exhibits must be sealed,signed and dated by a Professional Land
Surveyor. DO NOT RECORD.
2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-
round source of water(MCC 9-1-28.Q. The applicant should be required to use any
existing surface or well water for the primary source. If a surface or well source is not
available,a single-point connection to the culinary water system shall be required. If a
single-point connection is utilized,the developer will be responsible for the payment of
assessments for the common areas prior to prior to receiving development plan approval.
2.5 Any structures that are allowed to remain shall be subject to evaluation and possible
reassignment of street addressing to be in compliance with MCC.
2.6 All irrigation ditches, canals, laterals,or drains,exclusive of natural waterways,
intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall
be addressed per UDC I I-3A-6. In performing such work,the applicant shall comply
with Idaho Code 42-1207 and any other applicable law or regulation.
2.7 Any wells that will not continue to be used must be properly abandoned according to
Idaho Well Construction Standards Rules administered by the Idaho Department of Water
Resources. The Developer's Engineer shall provide a statement addressing whether there
are any existing wells in the development, and if so, how they will continue to be used, or
provide record of their abandonment.
2.8 Any existing septic systems within this project shall be removed from service per City
Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment
procedures and inspections(208)375-5211.
2.9 All improvements related to public life, safety and health shall be completed prior to
occupancy of the structures.
2.10 Applicant shall be required to pay Public Works development plan review, and
construction inspection fees, as determined during the plan review process,prior to the
issuance of a plan approval letter.
2.11 It shall be the responsibility of the applicant to ensure that all development features
comply with the Americans with Disabilities Act and the Fair Housing Act.
2.12 Applicant shall be responsible for application and compliance with any Section 404
Permitting that may be required by the Arrny Corps of Engineers.
2.13 Developer shall coordinate mailbox locations with the Meridian Post Office.
2.14 Compaction test results shall be submitted to the Meridian Building Department for all
building pads receiving engineered backfill, where footing would sit atop fill material.
2.15 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.
2.16 The applicants design engineer shall be responsible for inspection of all irrigation and/or
drainage facility within this project that do not fall under the jurisdiction of an irrigation
district or ACHD. The design engineer shall provide certification that the facilities have
been installed in accordance with the approved design plans. This certification will be
required before a certificate of occupancy is issued for any structures within the project.
2.17 At the completion of the project, the applicant shall be responsible to submit record
drawings per the City of Meridian AutoCAD standards. These record drawings must be
received and approved prior to the issuance of a certification of occupancy for any
structures within the project.
2.18 A street light plan will need to be included in the civil construction plans. Street light plan
requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A
copy of the standards can be found at
htt,o:llwww.meridiancity.or-al,public works.asyx?id=2 72.
2.19 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. NAMPA MERIDIAN IRRIGATION DISTRICT(NMID)
hays:11weblink.meridiancity.orzlWebLinklDoc View.aspx?id=248514&dbid=O&repo=Meridian C
iu
D. WEST ADA SCHOOL DISTRICT(WASD)
haps:11weblink.meridiancity.orelWebLinklDoc View.aspx?id=248414&dbid=O&repo=Meridian C
i(k
E. ADA COUNTY HIGHWAY DISTRICT(ACHD)
https:llweblink.meridiancity.or�-,IWebLinkIDoc View.aspx?id=248753&dbid=O&repo=Meridian C
it-v
IX. FINDINGS
A. Annexation and/or Rezone (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;
Councilfinds the proposed zoning map amendment to annex the property into the City of
Meridian with the R-15 zoning district with the proposed affordable multi-family residential
use 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;
Councilfinds the proposed zoning map amendment and the requested development complies
with the regulations outlined in the requested R-15 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;
Councilfinds the proposed zoning map amendment should not be detrimental to the public
health, safety and weffiare, especially if all conditions of approval are met.
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
Councilfinds the proposed zoning map amendment will not result in an adverse impact on
the delivery ofservices by any political subdivision providingpublic services within the City.
5. The annexation (as applicable) is in the best interest of city.
Councilfinds the annexation is in the best interest o the City, i the applicant enters into a
If 'f
development agreement with the City and agrees to develop the property as an affordable
housing project as proposed.