Matador Estates Subdivision H-2022-0043 DA ADA COUNTY RECORDER Trent Tripple 2023-015392
BOISE IDAHO Pgs=36 VICTORIA BAILEY 03/16/2023 11:50 AM
CITY OF MERIDIAN, IDAHO NO FEE
DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. Nicholas Gifford, Owner
3. Quantum LTD.,Inc., Developer
THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into
this 1.4th day of March , 2023, 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 Nicholas Gifford, whose address is 1235 E. McMillan
Road, Meridian, ID, 83642, hereinafter called OWNER, and Quantum LTD., Inc., whose
address is 1110 N. Five Mile Road, Boise, Idaho 83713, hereinafter called DEVELOPER.
1. 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 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 § 67-6511A provides that cities may, by ordinance,
require or permit as a condition of zoning that the Owner and/or Developer make
a written commitment concerning the use or development of the subject
Property; and
1.3 WHEREAS, City has exercised its statutory authority by the enactment of
Section 11-5B-3 of the Unified Development Code("UDC"),which authorizes
development agreements upon the annexation and/or re-zoning of land; and
1.4 WHEREAS, Owner and/or Developer has submitted an application for
annexation and zoning of 5.09 acres of land with a request for the R-4 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 and/or 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 annexation and zoning
held before Planning and Zoning Commission and the City Council includes
DEVELOPMENT AGREEMENT—MATADOR ESTATES SUBDIVISION(H-2022-0043) PAGE 1 OF 8
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 9th day of November, 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 and/or Developer to enter into a
Development Agreement before the City Council takes final action on final plat;
and
1.9 WHEREAS,Owner and/or 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 and/or 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: means and refers to Nicholas Gifford, whose address is 1235 E.
McMillan Road,Meridian,ID,83642,hereinafter called OWNER,the party that
owns said Property and shall include any subsequent owner(s) of the Property.
3.3 DEVELOPER: means and refers to Quantum LTD., Inc., whose address is
1110 N.Five Mile Road,Boise,Idaho 83713,hereinafter called DEVELOPER,
the party that is developing said Property and shall include any subsequent
developer(s) of the Property.
DEVELOPMENT AGREEMENT-MATADOR ESTATES SUBDIVISION(H-2022-0043) PAGE 2 OF 8
3.3 PROPERTY: means and refers to that certain parcel(s)of Property located in
the County of Ada, City of Meridian as in Exhibit "A" describing a parcel to
bound by this Development Agreement and attached hereto and by this reference
incorporated herein as if set forth at length.
4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right
to develop the Property in accordance with the terms and conditions of this Agreement.
4.1 The uses allowed pursuant to this Agreement are only those uses allowed under
the UDC.
4.2 No change in the uses specified in this Agreement shall be allowed without
modification of this Agreement.
5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY:
5.1. Owner/Developer shall develop the Property in accordance with the following
special conditions:
a. Future development of this site shall be generally consistent with the
preliminary plat, landscape plan and conceptual building elevations included
in Section VIII and the provisions contained herein.
b. The existing home proposed to remain on Lot 6, Block 4 shall be required
to connect to City water and sewer service within 60 days of it becoming
available and disconnect from private service, as set forth in MCC 9-1-4 and
9-4-8.
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 and/or Developer, or Owner and/or
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 and/or Developer's default
of this agreement, Owner and/or 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
DEVELOPMENT AGREEMENT-MATADOR ESTATES SUBDIVISION(H-2022-0043) PAGE 3 OF 8
complete the curing of the same with diligence and continuity.
7.3 Remedies. In the event of default by Owner and/or Developer that is not
cured after notice from City as described in Section 7.2, City shall, upon
satisfaction of the notice and hearing procedures set forth in Idaho Code
section 67-6511A, have the right, but not a duty, to de-annex all or a portion
of the Property, reverse the zoning designations described herein, and
terminate City services to the de-annexed Property, including water service
and/or sewer service. Further, City shall have the right to file an action at law
or in equity to enforce the provisions of this Agreement. Because the
covenants, agreements, conditions, and obligations contained herein are
unique to the Property and integral to City's decision to annex and/or rezone
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 and/or 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 and/or 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 and/or 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 and/or Developer, prior to the third
reading of the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property
by the City Council. If for any reason after such recordation, the City Council fails to adopt the
ordinance in connection with the annexation and zoning of the Property contemplated hereby,the City
shall execute and record an appropriate instrument of release of this Agreement.
DEVELOPMENT AGREEMENT-MATADOR ESTATES SUBDIVISION(H-2022-0043) PAGE 4 OF 8
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 and/or Developer to the City in accordance with
Paragraph 11 above.
13. ABIDE BY ALL CITY ORDINANCES: That Owner and/or Developer agree to abide
by all ordinances of the City of Meridian unless otherwise provided by this Agreement.
14. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be
deemed delivered if and when personally delivered or three (3)days after deposit in the United States
Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows:
CITY: with copy to:
City Clerk City Attorney
City of Meridian City of Meridian
33 E. Broadway Ave. 33 E. Broadway Avenue
Meridian, Idaho 83642 Meridian, Idaho 83642
OWNER: DEVELOPER:
Nicholas Gifford Quantum LTD., Inc.
1235 E. McMillan Road 1110 N. Five Mile Road
Meridian, Idaho 83642 Boise, Idaho 83713
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
DEVELOPMENT AGREEMENT-MATADOR ESTATES SUBDIVISION(H-2022-0043) PAGE 5 OF 8
Owner and/or 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 and/or Developer, to execute appropriate and recordable
evidence of termination of this Agreement if City,in its sole and reasonable discretion,had determined
that Owner and/or 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 parry
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 parry(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 and/or 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 and/or 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 rezoning 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-MATADOR ESTATES SUBDIVISION(H-2022-0043) PAGE 6 OF 8
ACKNOWLEDGMENTS
IN WTTNF.SS WHFRFOF,the parties hax-e herein executed this agreement and made it
effective as hereinabove provided.
OW 'ER:
icholas Gifford
STA1-1:LDS= @ i
Couniv Lt :ice i
2d2-3
On this f N day of ��+e,+a,—( 2,before me.the undersigned.a Notan Public in and for said State-
personally appeawd Nicholas Gifford.known or identified to me to be the person Min signed above and acknowledged to
me that he t-xccuted tic same.
IN WITNESS WliFRFOF, t have hereunto set my hand and affixed my ollicial seal the day and vear in this
certificate first above uTitten.
- r
t:J
r--, DANTE RICHAROSON
s .^��
:�Not
Public State of Utah U[at,' li Qy 4 ��^
_4
O' 1 Comm.No.7tSt20 i,fy Commis inn Expires
y�+'J my Commission Expires on
27
May a.202:
DEVELOPER:
Quantum I.TD., Inc
B-: aft a ef-lan.-a
lts:
STAT . OF MATFO
Count'of Ada r
2pZ3
On this (o day of a,G before me,the undersigned.a Votary Public in and for said State.
personally appeared Marty Camherlango. known or identified to me to he the of Quantum LTD.,
Inc.,and Elie person who signed above and acknowledged to me that he executed the sailic on behalf of said Company.
IN NVITNr'SS WHERFOP. 1 have hereunto set mv hand and affirmed my official Seal Ehc day and year in this
certificaEe firs_is�u:c sriEEen-
CLYDE B CRANDALL ®,A
Notary Public State of Idaho /Commission Number 13278 '•ti
My Commission Expires Nov 6, 2024 Votan pub is
My tointni;sign ExpEres: I l4 —%O Z4/
OL�9=1APtft1T A,iRE'r htENT—M•%T•%f)oP liiT•tTFj SL-Br)1ViSlO\(H-20_2-004�I P ()F t4
CITY OF MERIDIAN ATTEST:
By:
Mayor Robert E. Simison 3-14-2028 Chris Johnson, City Clerk 3-14-2023
STATE OF IDAHO )
ss
County of Ada )
On this I4th day of March ,2023 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.
(SEAL) Notary Public
My Commission expires: 3-28-2028
DEVELOPMENT AGREEMENT—MATADOR ESTATES SUBDIVISION(H-2022-0043) PAGE 8 OF 8
EXHIBIT A
k—J'1. 'Vil MSS LAND SURVEYING PLLC
Client: Marty Camberlango
Date: June 24, 2022
Job No.: 1422
ANNEXATION DESCRIPTION
A parcel of land being a portion of Lot 5 of Crestwood Subdivision No. 1 and located in the NE 1/4 NE 1/4 of
Section 31,Township North, Range 1 East, Boise Meridian,Ada County, Idaho, more particularly
described as follows:
Commencing at a found Zinc Cap monument stamped "PLS 7043" marking the NE Corner of said NE 1/4
NE1/4, (Section corner common to Sections 29, 30, 31, and 32), said corner bears S. 89°46'04"E., a
distance of 2632.39 feet from a found Aluminum Cap marking the N 1/4 of said Section 31;
Thence along the Northern Boundary line of said NE 1/4 NE 1/4 also being the Centerline of E. McMillan
Road, N. 89°46'04"W., a distance of 936.52 feet to the POINTOFBEGINNING,
Thence leaving said Northern Boundary, S. 00°13'35"W., a distance of 33.00 to a point on the Southern
Right-of-Way of said E. McMillan Road;
Thence along a line that is 6.00 feet West of and parallel with the Easterly boundary of said Lot 5, S.
00°34'25"W., a distance of 629.45 feet to a point on the Northern Boundary of Havasu Creek Subdivision
No. 1, Book 66, Page 9737;
Thence along said Northern Boundary of Havasu Creek No. 1, and the Northern Boundary of Havasu Creek
Subdivision No. 2, Book 87, Page 9875, N. 89°56'32"W., a distance of 334.40 feet to a found 5/8 inch iron
pin stamped "PLS 4116";
Thence leaving said Northern Boundary of Havasu Creek Subdivisions No. 1 and 2 along the Westerly
Boundary of said Lot 5, N. 00°34'25" E., a distance of 630.47 feet to a point on said Southern Right-of-Way
of E. McMillan Road marked by a found bent 1/2 inch iron pin without a cap;
Thence N. 00°13'56" E., a distance of 33.00 to a point on said Northern Boundary line of said NE 114 NE 1/4
of Section 31;
Thence along said Northern Boundary line, S. 89°46'04" E., a distance of 334.39 feet the POINT OF
BEGINNING.
This parcel contains 5.09 acres(221,685 square feet) more or less. NpL �aNO
623 11th Ave. South,Nampa,ID 83651 T. (208)442-0115 C. (208) 608-2510 rgray.cls@gmail.com
s89'46'04"e
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3NA:
n89'56'32
1422-Matador Annexation 6/24/2022
Scale: 1 inch= 76 feet File: 1422-Matador Annexation Closure-06242022.ndp
Tract 1:5.0892 Acres(221685 Sq.Feet),Closure:n00.0000e 0.00 ft.(1/947071),Perimeter=1995 ft.
01 s00.1335w 33.00
02 s00.3425w 629.45
03 n89.5632w 334.40
04 n00.3425e 630.47
05 n00.1356e 33.00
06 s89.4604e 334.39
ANNEXATION EXHIBIT
BEING IN LOT 5, BLOCK 1, CRESTWOOD SUBDIVISION NO. 1,
LOCATED IN THE NE1/4 NE1/4 OF SECTION 31,
T. 4 N., R. 1 E., B.M., ADA COUNTY, IDAHO
Sec.30 E.MCMILLAN RD. "PLS 7043"
_ _ N 89046104"W 2632.39' Sec.30 Sec.29
S&1 N1/4 C r.
' N 00"13'56"E 334.39' 00'�' 6'W ag36..52' Ser..31 ec.32
CP&F Inst.No.2014-096192 33.00' 33.00' CP&F Inst.No.111098263
Illegible No Cap
Bent I
i
4
O
W
CRESTWOOD SUBDIVISION NO.1
v; BOOK 28 PAGE 1757-1758
o �
N w W
e
zn - co
N
o
LEGEND
Calculated point
i
® Found zinc cap monument
® Found aluminum cap monument
Q Found 5/8 inch dia.iron pin i
I O Found 1/2 inch dia.iron pin I
QBlock number
OLot number
Boundary line
...... Property line
Sec.31 Sec.32
Section line 'CP&F Inst.No.2022-019458 Illegible
0 50 100 200 it
Scale: 1"=100'
"PLS 4116"a _ _ �— r —
N 89°56'32"W 334.40'
HAVASU CREEK SUBDIVISION NO.2 HAVASU CREEK SUBDIVISION NO.1
BOOK 87 PAGE 9875 I BOOK 86 PAGE 9737
COMPASS LAND SURVEYING, PLLC
623 11th Avenue South Nampa, ID 83651
JN 1422 Office: (208)442-0115
EXHIBIT B
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW E IDIAN:.
AND DECISION& ORDER
In the Matter of the Request for Annexation of 5.09-Acres of Land with an R-4 Zoning District;
and Preliminary Plat Consisting of 14 Building Lots and Two (2) Common Lots on 4.84-Acres of
Land for Matador Estates Subdivision, by Quantum LTD,Inc.
Case No(s).H-2022-0043
For the City Council Hearing Date of: October 25, 2022 (Findings on November 9, 2022)
A. Findings of Fact
1. Hearing Facts(see attached Staff Report for the hearing date of October 25, 2022, incorporated
by reference)
2. Process Facts(see attached Staff Report for the hearing date of October 25, 2022, incorporated by
reference)
3. Application and Property Facts(see attached Staff Report for the hearing date of October 25,
2022, incorporated by reference)
4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing
date of October 25,2022, 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 MATADOR ESTATES H-2022-0043 - I -
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of October 25, 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 with
the requirement of a development agreement per the provisions in the Staff Report for the
hearing date of October 25,2022, 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 11-6B-7B).
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11-6B-7.A, the Director may authorize a single extension of time to obtain the City
Engineer's signature on the final plat not to exceed two(2)years. Additional time extensions up
to two(2)years as determined and approved by the City Council may be granted. With all
extensions,the Director or City Council may require the preliminary plat, combined
preliminary and final plat or short plat to comply with the current provisions of Meridian City
Code Title 11. If the above timetable is not met and the applicant does not receive a time
extension, the property shall be required to go through the platting procedure again(UDC 11-
6B-7C).
Notice of 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.
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR MATADOR ESTATES H-2022-0043 -2-
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 § 67-652 1(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 §§ 67-6521(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 October 25, 2022
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR MATADOR ESTATES H-2022-0043 -3-
By action of the City Council at its regular meeting held on the 9th day of November
2022.
COUNCIL PRESIDENT BRAD HOAGLUN VOTED AYE
COUNCIL VICE PRESIDENT JOE BORTON VOTED AYE
COUNCIL MEMBER JESSICA PERREAULT VOTED
COUNCIL MEMBER LUKE CAVENER VOTED AYE
COUNCIL MEMBER TREG BERNT VOTED AYE
COUNCIL MEMBER LIZ STRADER VOTED
MAYOR ROBERT SIMISON VOTED
(TIE BREAKER)
Mayor Gbert I . Sim,.ison 11-9-2022
Attest:
3¢
(iiynl
SEAL
Chris Johnso 11-9-2022
City Clerk
Copy served upon Applicant,Community Development Department, Public Works Department and City
Attorney.
0-0i"- -w 11-9-2022
�jBy: �i Dated:
City Clerk's Office
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR MATADOR ESTATES H-2022-0043 -4-
STAFF REPORT
E COMMUNITY DEVELOPMENT DEVELOPMENT DEPARTMENT I D A H O
HEARING October 25, 2022 Legend
DATE: (
I�P��c- Lxa=or k
TO: Mayor&City Council -
FROM: Sonya Allen,Associate Planner '
208-884-5533
SUBJECT: Matador Estates
H-2022-0043 i rz
LOCATION: 1235 E. McMillan Rd., in the NE 1/4 of
Section 31,TAN., R.IE. (Parcel � F
#R1608650122) FFF
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I. PROJECT DESCRIPTION
Annexation of 5.09 acres of land with an R-4 zoning district; and preliminary plat consisting of 14 building
lots and two(2) common lots on 4.84 acres of land in the R-4 zoning district for Matador Estates
Subdivision.
II. SUMMARY OF REPORT
A. Project Summary
Description Details Page
Acreage 4.84 acres
Future Land Use Designation Low Density Residential(LDR)
Existing Land Use Single-family rural residential(SFR)
Proposed Land Use(s) SFR
Current Zoning Rural Urban Transition(RUT)in Ada County
Proposed Zoning R-4(Medium Low-Density Residential)
Lots(#and type;bldg/common) 14 building/2 common
Phasing plan(#of phases) NA(not proposed to be phased)
Number of Residential Units(type 14 single-family detached units
of units)
Density(gross&net) 2.89 units/acre(gross)
Open Space(acres,total[%]/ 0.33 acre(or 7%)
buffer/qualified)
Amenities Sitting area with a concrete or paver surface with benches
Physical Features(waterways, NA
hazards,flood plain,hillside)
Neighborhood meeting 4/12/22
date
History(previous None(Lot 5,Crestwood Subdivision No. 1;property boundary adjustment
approvals) —ROS#12793 in Ada County)
B. Community Metric
Description Details Page
Ada County
Highway District
• Staff report Yes
(yes/no)
• Requires No
ACHD
Commission
Action
es/no
• Existing There is one(1)existing stub street(E.Territory St.)to this property at the
Conditions project's west boundary.
• CIP/IFYWP Capital Improvements Plan(CIP)l Integrated Five Year Work Plan(IFYWP):
• The North Meridian Community improvement project,is scheduled in the IFYWP,const
enhanced pedestrian facilities on the north side of McMillan Road, on McMillan Roa
Red Horse Way to Locust Grove Road,construction in 2026.
• Bike Signage Community improvement project,is scheduled in the IFYWP,establishin
bike way corridors, per the Bike Master Plan, including wayfinding and bike signage
Horse Way,crossing McMillan Road from Fairview Avenue to Joshua Tree Drive,const
in 2026.
• McMillan Road is listed in the CIP to be widened to 3-lanes from Meridian Road to
Grove Road between 2031 and 2035.
• Locust Grove Road is listed in the CIP to be widened to 3-lanes from Ustick Road to M
Road between 2036 and 2040.
• Locust Grove Road is listed in the CIP to be widened to 3-lanes from McMillan R
Chinden Boulevard(SH20126)between 2036 and 2040.
Access(Arterial/Collectors/State Existing access is provided via two(2)driveways from E.
Hwy/Local)(Existing and Proposed) McMillan Rd.,an arterial street.Proposed access is via the
extension of an existing stub street(E.Territory St.)at the west
boundary of the site;the existing driveways will be closed with
redevelopment of the site.
Proposed Road Improvements ACHD is requiring McMillan Rd.to be widened to 17' from
centerline,with a 3'wide gravel shoulder abutting the site.
Territory St.is required to be extended into the site&Matador
Ct.constructed as a 33'wide local street section with curb,
gutter,a detached 5'wide sidewalk and a landscape strip.
Fire Service No comments received.
Police Service No comments received.
West Ada School District No comments received.
Distance(elem,ms,hs)
Capacity of Schools
#of Students Enrolled
Wastewater
• Distance to Sewer Services I Directly adjacent
• Sewer Shed
• Estimated Project Sewer See application
ERU's
• WRRF Declining Balance
• Project Consistent with WW Yes
Master Plan/Facility Plan
• Impacts/Concerns • Flow is committed
• See Public Works Site Specific Conditions
Water
• Distance to Services Directly adjacent
• Pressure Zone
• Estimated Project Water See application
ERU's
• Water Quality Concerns None
• Project Consistent with Yes
Water Master Plan
• Impacts/Concerns See Public Works' Site-Specific Conditions
C. Project Maps
Future Land Use Map Aerial Map
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III. APPLICANT INFORMATION
A. Applicant:
Marty Camberlango, Quantum LTD., Inc. — 1110 N. Five Mile Rd., Boise, ID 83713
B. Owner:
Nicholas Gifford— 1235 E.McMillan Rd., Meridian, ID 83642
C. Representative:
Marty Camberlango, Quantum LTD., Inc. — 1110 N. Five Mile Rd.,Boise,ID 83713
IV. NOTICING
Planning&Zoning City Council
Posting Date Posting Date
Newspaper notification
published in newspaper 8/31/2022 10/9/2022
Radius notification mailed to
property owners within 300 feet 8/25/2022 10/6/2022
Public hearing notice sign posted
9/4/2022 10/13/2022
on site
Nextdoor posting 8/25/2022 10/5/2022
V. COMPREHENSIVE PLAN ANALYSIS
LAND USE: This property is designated as Low Density Residential(LDR)on the Future Land Use Map
(FLUM)contained in the Comprehensive Plan. This designation allows for the development of single-family
homes on large and estate lots at gross densities of three(3)dwelling units or less per acre.
The subject property is an enclave surrounded by City annexed land developed with single-family residential
homes on land designated LDR and Medium Density Residential(MDR) on the FLUM. The Applicant
proposes a 14-lot subdivision for single-family residential detached homes at a gross density of 2.89 units
per acre,which is within the desired density range of the LDR designation.
TRANSPORTATION: The Master Street Map(MSM)does not depict any collector streets across this
property. Local streets are proposed internally for access to the proposed lots.
Goals,Objectives, &Action Items: Staff finds the following Comprehensive Plan policies to be applicable
to this application and apply to the proposed use of this property(staff analysis in italics):
• "Encourage a variety of housing types that meet the needs, preferences, and financial capabilities of
Meridian's present and future residents."(2.01.02D)
The proposed single-family detached dwellings on larger lots than typical will contribute to the variety
of single-family residential properties in the City.
• "Permit new development only where it can be adequately served by critical public facilities and
urban services at the time of final approval, and in accord with any adopted levels of service for
public facilities and services."(3.03.03F)
City water and sewer service is available and can be extended by the developer with development in
accord with UDC 11-3A-21.
• "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)
This area consists primarily of single family detached homes with some variety in lot sizes between
the LDR and MDR designated areas. The proposed development offers a variety of lot sizes from
8,132 to 11,219 square feet, not including the 32,231 square foot lot where the existing home is
proposed to remain.
• "Require all new development to create a site design compatible with surrounding uses through
buffering, screening,transitional densities, and other best site design practices."(3.07.01A)
The proposed development incorporates lot sizes consistent with those to the west and south, which
should be compatible with surrounding uses and densities.
• "Encourage compatible uses and site design to minimize conflicts and maximize use of land."
(3.07.00)
The proposed single-family residential use should be compatible with other single-family residential
uses abutting this site. The proposed site design should also be compatible with adjacent uses as lots
are similar in size.
• "Support infill development that does not negatively impact the abutting, existing development.
Infill projects in downtown should develop at higher densities, irrespective of existing
development." (2.02.02C)
The proposed infill development shouldn't negatively impact adjacent properties as the residential
use and lot sizes are compatible.
• "Ensure development is connected to City of Meridian water and sanitary sewer systems and the
extension to and through said developments are constructed in conformance with the City of
Meridian Water and Sewer System Master Plans in effect at the time of development."(3.03.03A)
The proposed development will connect to City water and sewer systems with development of the
subdivision;services are required to be provided to and though this development in accord with
current City plans. The existing home that is proposed to remain on a lot in the proposed subdivision
is required to connect to City water and sewer service.
• "Require pedestrian access in all new development to link subdivisions together and promote
neighborhood connectivity."(2.02.01D)
There are no multi-use pathways designated on the Pathways Master Plan for this site, nor are any
pathways stubbed to this property other than the sidewalk along E. Territory St.A micro path
connection is proposed from the internal sidewalk along Matador Ct. to the sidewalk along
McMillan Rd.
• "Require urban infrastructure be provided for all new developments, including curb and gutter,
sidewalks,water and sewer utilities."(3.03.03G)
Urban sewer and water infrastructure and curb, gutter and sidewalks are required to be provided
with development of the subdivision.
• "Eliminate existing private treatment and septic systems on properties annexed into the City and
instead connect users to the City wastewater system; discourage the prolonged use of private
treatment septic systems for enclave properties."
If annexed, the existing home will be required to abandon the existing septic system and connect to
the City wastewater system.
• "Maximize public services by prioritizing infill development of vacant and underdeveloped parcels
within the City over parcels on the fringe."(2.02.02)
Development of the subject infill parcel will maximize public services.
VI. STAFF ANALYSIS
A. ANNEXATION(AZ)
The Applicant proposes to annex 5.09 acres of land with an R-4 zoning district. A legal description and
exhibit map for the annexation area is included in Section VIII.A. This property is within the City's Area
of City Impact boundary.
A property boundary adjustment application was tentatively approved by Ada County in 2021 to
shift the common lot line between Lots 5 and 6,Crestwood Subdivision,5-feet to the east. The
Applicant should obtain final approval of this application prior to City Council approval of the
proposed annexation.
A preliminary plat and conceptual building elevations were submitted showing how the property is
proposed to be subdivided into 14 building lots for 13 new single-family residential detached dwelling
units;the existing home is proposed to remain on Lot 6,Block 4(see Sections VIII.B,D). The proposed
use and density of the development is consistent with the LDR FLUM designation.
Single-family detached dwellings are listed as a principal permitted use in the R-4 zoning district per
UDC Table 11-2A-2. Future development is subject to the dimensional standards listed in UDC Table
11-2A-5 for the R-4 zoning district.
This property, along with the property to the east, is an enclave surrounded by existing and future single-
family residential detached homes to the north(Tustin), south(Havasu Creek) and west(Silver Springs).
As noted above in Section V, development of infill properties is supported provided it doesn't negatively
impact the abutting, existing development. Because like uses(i.e. single-family detached residential) are
proposed on similar size lots,the proposed development should be compatible with adjacent uses and
shouldn't negatively impact them.
The City may require a development agreement(DA) in conjunction with an annexation pursuant to
Idaho Code section 67-6511A. If this property is annexed, Staff recommends a DA is required with
the provisions discussed herein and included in Section IX.A.
B. PRELIMINARY PLAT(PP):
The proposed preliminary plat consists of 14 building lots and 2 common lots on 4.84 acres of land in
the proposed R-4 zoning district. Proposed lots range in size from 8,132 to 11,219 square feet(s.f.)with
a 32,231 square feet lot where the existing home is proposed to remain. The subdivision is proposed to
develop in one phase as shown on the preliminary plat in Section VIII.B.
Existing Structures/Site Improvements: There is an existing home and several outbuildings on the
property that currently takes access via McMillan Rd. The existing home is proposed to remain on Lot 6,
Block 4 and access will be taken internally from within the subdivision.Prior to the City Engineer's
signature on the final plat, all existing structures that do not conform to the setbacks of the district
are required to be removed.
Dimensional Standards (UDC 11-2): The proposed plat and subsequent development is required to
comply with the dimensional standards listed in UDC 11-2A-3 and Table 11-2A-5 for the R-4 zoning
district. The proposed plat appears to comply with the dimensional standards of the district,except
for the street frontage of Lot 8,Block 4 which should be a minimum of 30 feet; the plans should be
revised accordingly.
Access: Access is proposed via internal local streets. E. Territory St. is proposed to be extended from the
west to the east boundary for future extension to the east. The existing access via McMillan Rd. is
required to be removed. The address for the existing home is required to change since access will no
longer be provided from McMillan Rd.; the new address will be off Matador Ct.
Landscaping(UDC 11-3B): A 25-foot wide street buffer is required to be provided along E. McMillan
Rd., an arterial street,per the standards listed in UDC 11-3B-7C. A 25-foot wide buffer with a berm is
proposed along McMillan with 10 shade trees, shrubs and groundcover. A detailed landscape plan
should be submitted with the final plat that complies with the aforementioned standards; detail#5
on Sheet L-1 should include the proposed berm along E.McMillan Rd.; and the location of the
edge of paving should be depicted on the plan.If the unimproved street right-of-way is ten(10) feet or
greater from the edge of pavement to edge of sidewalk or property line,the developer shall maintain a
ten-foot compacted shoulder meeting the construction standards of the transportation authority and
landscape the remainder with lawn or other vegetative ground cover per UDC 11-3B-7C.5a.
A total of six(6)trees are proposed to be removed from the site(and possibly another one) as depicted
on the landscape plan. Mitigation is required to be provided per the standards listed in UDC 11-3B-
10C.S. The Applicant should coordinate with the City Arborist(Kyle Yorita
kyoritaAmeridiancity.org)to determine mitigation requirements prior to removal of existing trees
from the site.
Landscaping is required along all pathways per the standards listed in UDC 11-3B-12C; the landscape
plan should be revised to include shrubs,along with the proposed trees and vegetative
groundcover along the pathway on Lot 7,Block 4.A minimum of 5-feet should be provided outside
of the easement area for trees; widen the lot if necessary to accomplish this.
Common Open Space& Site Amenities(UDC 11-3G-3): Common open space and site amenities are
required to be provided with development for properties of 5 acres or more in area per the standards
listed in UDC 11-3G-3. This site consists of 4.84 acres of land—the annexation boundary is 5.09
acres.Although not required by the UDC, Staff recommends as a provision of annexation in the
DA that a minimum of 12% (or 0.58 acre) common open space is provided with development.The
landscape plan depicts 21,218.87 s.f. (or 0.49 acre) of common open space consisting of a 7,080 s.f.
common area lot(Lot 2,Block 4), 2,840.74 s.f. of linear open space with a pathway(Lot 7,Block 4),
and 50%of the street buffer along McMillan Rd. consisting of 4,178.13 s.f. The plans should be
revised to include an additional 0.09 acre of qualified common open space. If 8-foot wide parkways
are proposed,they could count toward this requirement; parkways must comply with the
standards listed in UDC 11-3A-17 and 11-3G-3B.4.
As a provision of annexation, Staff recommends a site amenity totaling a minimum of one(1)point
is provided within the development.A sitting area with a concrete or paver surface with two(2)
benches in Lot 7,Block 4.If a structure for shade and picnic tables are added to this area,it could
qualify as a picnic area,which is two (2) points; or,the Applicant may choose another qualified
amenity from UDC Table 11-3G-4.
Pathways: The Pathways Master Plan does not depict a multi-use pathway on this site. A micro-path is
proposed on Lot 7,Block 4 for access from the internal sidewalk to the sidewalk along McMillan Rd.
The pathway should be constructed per the standards listed in UDC 11-3A-8.
Sidewalks(11-3A-17): A 5-foot wide detached sidewalk is required along McMillan Rd., an arterial
street as proposed.
Waterways:No waterways of significant size cross this site.
Fencing: A 2.5-foot tall rock wall is proposed at the back edge of the street buffer along McMillan Rd.
Fencing is not proposed.
Utilities(UDC 11-3A-21): Connection to City water and sewer services is required in accord with UDC
11-3A-21. The existing home proposed to remain on Lot 6,Block 4 is required to connect to City water
and sewer service within 60 days of it becoming available as set forth in MCC 9-1-4 and 9-4-8.
Street lighting is required to be installed in accord with the City's adopted standards, specifications and
ordinances.
Pressurized Irrigation System (UDC 11-3A-15): Underground pressurized irrigation water is required
to be provided to each lot within the subdivision as set forth in UDC 11-3A-15.
Storm Drainage(UDC 11-3A-18):An adequate storm drainage system is required in all developments
in accord with the City's adopted standards, specifications and ordinances.Design and construction shall
follow best management practice as adopted by the City as set forth in UDC 11-3A-18. A geotechnical
resort was submitted with this subdivision.
Building Elevations: Six(6)conceptual building elevation photos were submitted that demonstrate
what future homes in this development will look like(see Section VIII.F). A mix of single-story(with
and without bonus rooms)and 2-story homes are proposed with a mix of building materials, including
stone veneer accents, and architectural elements.
VII. DECISION
A. Staff:
Staff recommends approval of the proposed annexation with the requirement of a Development
Agreement, and preliminary plat per the provisions in Section IX in accord with the Findings in Section
X.
B. The Meridian Planning&Zoning Commission heard these items on September 15,2022. At the
public hearing,the Commission moved to recommend approval of the subject AZ and PP
requests.
I. Summary of Commission public hearing
a. In favor: Marty Camberlango
b. In opposition:None
C. Commenting. Randy Spiwak,Parkins-Nourse#14 Lateral Association
d. Written testimony: Neil Wilson
e. Staff presenting application: Bill Parsons
f. Other Staff commenting on application: None
2. Key issue(s) testimony
a. Surface water delivery, design of the pressurized irrigation system, and plan approval
from the lateral association.
3. Key issue(s)of discussion by Commission:
a. City's requirements to provide a pressurized irrigation system for the proposed
subdivision.
4. Commission change(s)to Staff recommendation:
a. None
5. Outstandin issue(s)ssue(s) for City Council:
a. None
C. The Meridian City Council heard these items on October 25,2022. At the public hearing the
Council moved to approve the subject AZ and PP requests.
1. Summary of the City Council public hearing:
a. In favor: Marty Camberlangg AApplicant
b. In opposition: None
c. Commenting:None
d. Written testimpny*None
e. Staff presenting application: Sonya Allen
f. Other Staff commenting on application:None
2. Key issue(s)of public testimony:
a. None
3. Key issue(s)of discussion by City Council:
a. Appreciation that the deiign of the proposed development is compatible with adjacent
residential uses.
4. City Council change(s)to Commission recommendation.
a. None
VIII. EXHIBITS
A. Annexation Legal Description and Exhibit Map
-)AJ LAND SURVE7'1NO PLLC
Ckent:Ma rty Comberla ngo
(lake:June 24,2022
JO Na,1422
ANNEXATION DESCRIPTION
A parool of land being a portion of Lot 5 of Crestwood Subdivision No. 1 and located in the NE V4 NE V4 of
Section 31,Township 4 North,Range 1 East,Boise Meridian,Ada County,Idaho,more partieularly
described as fpIIpWS;
Cammencing al a found Zinc Cap monument stamped'PLS 7043'marking the N L Cornef of said NE V4
NEV4,(Sectlan corner common to&&Bons 20.30,31,and 32),said Comer bears S.W46'04'E..a
distance of 2632.39leet from a found Aluminum Gap marking Tha N 13 of sold 5eclion 31;
Ttferloe along Me Northern Boundary line of said NE V4 NR V4 also being the Centetiine of E.McMillan
Road, N.89'46`04"W.,a distance of 93 .52 feet W the POINT-OF BFGIWAI ,
Thence leaving said NOFthern Boundary,S.OW13'35"W.,a dislance of 33.00 to a polnt on the Southern
Right-f-Way of said E-WMil la rn Road;
Thence along a line that is 6.00 feet west of and parallel with the Easterly boundary of said Lot 5-S.
00'34'28"W.,a distance of 629.45 feet ro a point on the Northern Boundary of Havasu Creek Subdivision
No-1,Book66,Page 0737;
Thence along said Northern Boundary of Havasu Creek No. 1,and the Northern Bou ndary of Havasu Creak
Subdivision No.2,Book 87,Page 9875. N.89'56'32'W„a distance of 334-40 feet to in found 518 inch Iron
On stam pad'PLS 4116°;
Thence leavi ng said Northern Boundary of Havasu Creek Subdivisions Na.1 and 2 along the Westerly
Boundary al said 1,ol 5,N QV34'25'E.,a distance of 630-47 feet to a point on said Southcm Right-of-Way
of C.McMillan(load marked by a found butt 112 inch iron pin without a cap;
Thence N.00'13'56"E,a distance of 33-00 to a point on said Norlhern Boundary lino of said NF 114 NE 114
of Seaoln 31;
Thence along$ald Northern Boundary line,S.89146'44"E-,a distance of 334.39 leer ilia POINVOF
6�GINNJM1IG.
This parcel cmlains 5.09 acres(221.05 square feet)more ar less.
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ANNEXATION EXHIBIT
BEING IN LOT 5, BLOCK 1, CRESTWOOD SUBDIVISION NO. 1,
LOCATED IN THE INE1A NE1/4OF SECTION 31,
T, 4 N., R. 1 E., B.M., ADA COUNTY, IDAHO
Sec 3U E.MCMILLAN RD. "PLS 7MY
N 8r4$'0 W MIY Sar.3a Sec.29
31 N1�4
N 00°13',W E — - °3 5 ' Sep.31 ec.32
CP&F lock No.2014-W9'1 _� 33_l]� _ _ �OW� CP&F Inst Na.1 11a%M3
IRegl6le No Cap
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1 BOOK Za RAGE 1757-175a I�
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® Found zinc Cap mommard
Found alumlrmm cap monument
( Found SM inch dia.fimpin
Found 1J2 inch dia.-mm pin
1� Block number �
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I Lot number
_---- Baundahyline
Pmmrty k" I Sec.31 See.37
! &Al on Ilse 'CPAF Insl.NixX22419455 III9git�le
0 % 100 200
Scale;
'P1 S 118' _
N l °56 32W 334
HAVA5V CREEK SVDBIVISfChN NO.? HAVASU CREEK SUDD1'VISION No.I
BOOK 87 FACE 9875 I BOOK 86 PAGE 9737
COM PASS LAND SLI RVEY1 NG P P LL
623 11 th Avenue South Nampa, ID&3 51
JN 1422 orrce=(208)442-0116
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AND COSIER APPROXIMATELY 50% OF THE � I Sr_
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1, CONFIRMED �-:
2. PER JAKE GIFFORD
3. NO SPECIAL FEATURES TO NDTE 2 1/2' TALL ROCK WALL �t
4, REFER TO NOTES ON PLAN k
5. REFER TO NOTES ON PLAN :;s iy•
6. REFER TO PLAN
5
7, N€} GRADES AT 20% OR GREATER DETAIL
8. NO SITE TRIANGLES REOUIRED
9. PROPOSED LANDSCAPING SHOWN
1O. REFER TO PLAN 4' WROUGHT IRON FENCE , Pon
11. CALCULATIONS �2'� ;+ram
RE:PLAN I
I SHRUBBERY AND GROUND COVER, �?
PLANTINGS TO BE 2' TO 8' IN HEIGHT
AND COVER APPROXIMATELY 50% OF THE
GROUND SURFACE AT MATURITY
- - L - END WALL , + �'•
f'
k
1. LANDSCAPE PLANTING PLAN _ ��yy
SCALE' 1" - 20' L. PLANT LEGEND (APPROXIMATE f'LrN' I_ECEND)
fOR 7 SPRINKLER NOTES (FOR REFERENCE ONLY. M001FY PER OWNERB. LANDSCAPE NOTES GENERAL REF. ONL I ) 1 CENUM WTU /CONTRACTOR AGREEMENT} SYM COMMONNAME80TANICAL NAME SIZE A MATURE SIZE CLASS
CONSULT AND ADJUST THIS CRITERIA WITHCWN£R AS DESIRED AND APPROVED) A THE LANDSCAPE SPRINKLER SYSTEM I5'BIDO&DESIGN'RI ASSOCIAIVA AI1N CMTERIA DEFINED YR THESE NOTES Av6 OR WINGS PLANTING H x W
C NCRAL: a THE FOLLOWING INFCRMA1104 IS PER ROM m COORDNATf OR XnRVW.
- THE LANDSCAPE CDNTRACtOR SHALL INCLUDE THE SPRINKLER DENTRADT "SUB TER" IN THEIR BID, THE LANDSCAPE 1.1 POINT Or CDHNECnOlti TO THE WATER UXIIKE CDCRDINATE M1TM OWNER A ARROWWOOD VIBURNUM VIBURNUM DENTATUM 5 GAL. 7'x7' NA
CCNTRACTOR IS RESPONSIBLE FCR ENSURING THAT THE LOCATIONS AND GCNERAL 7.)AUTWATC CDNT0.LER LOCATION SPARKLER'
INSTALLATION OF ALL SPRINKLER PARTS WORK PROPERLY WITH ALL PLANT LOCATIONS. J.)HEAD LOCATIONS DP DWARF EASTERN WHITE PINUS STRp9US 5 GAL. E'xf' NA
T. TO A.) ON of LOCATION'S REMOVE ALL TYWINE, 'NANA•
A" PSOIL OF TOPSOIL 15 REQUIRED IN ALL LANDSCAPE AREAS. IMPORT TOPSOIL AS REQUIRED. EXCAVATE AS RI TO t)COMTRACTCR SMALL NOTE ANY FNCTWS TRA7 WILL AFFECI BID PRICE BEFORE DOING AHY WM WEMf A PRICE CHROE N%llR BE RUMI#ID. I9QRLAP &- wIRE FROM TOP PINE
ALLOW FOR INSTALL OF THIS MATERIAL. ENSURE THAT THE TOPSOIL 15 A STANDARD LOAM WITH pH YALLUES TYPICAL 2 DO FACTGRS 1 3 OF ROOTBALL. GS GRO-LDW SUMAC RHUS AROMATICA 5 GAL. 3'x7' NA
FOR TREASURE VALLEY ALL SOIL TO UL FREE OF DOCKS UP DEBRIS, k COORDNATE IHE TTATER 5miwa {
2 INSTAL`ATOM DF CCMPCST: fl INCLUDE PROPER FWNNADE OF BAOIFLOW PRfVFN1fR,MAxiNE ANO LNIfRAIi GRp-L0w'
SORE, WR QF C9NMEI IAL GRADE COMFOST AT ALL PLANTER BEDS. RCT011U. TO 6" DEEP. C PROVIDE ONE GATE VALVE WHICH WRNS THE SYSTEM amMF,%PAIRATE YRON THE RACKFLOW PREvmrrft. 12. NOTE: VERNIER ALL TREES IN � Ip IVORY HALO DOGWOD6 CDRNUS ALBA 5 GAL- 7'x7' �1A
3. ORACPNa ANT) nRAINAOF, D. LiPA%E KPTN: 1r CALLOW FOR NO ROCKS WxT TO L NK04T1 LATERAL DEPTH 6 TH9ROIJGHLY AT TIME OF m 'BAILHALO'
FOLLOW GRgDING DEFINED BV THE CIVIL ENGINEERING ORANNGS. IN ALL CASE5, ENSURE PCG711E DRAINAGE AMY If PRONOE I$OLATIUN VALVL5 AT ALL FRAHCK$N I1AIF4NE PLANTtHG. Z)
FROM THE BUILDING. ENSURE THAT ALL SIR IS SETTLED TIHCR%ClHLY. ALLOW FOR NO PUDDLING OR Low SPOTS- F.DC NOT ExCEEO d0 PSI LOSS NF?WL i ARN CIRCLRT CMTR.Q vALvE ( LN LITTLE DEVIL NINEBARK PHYSOCARPU5 DPULIFOLIUS 5 GAL. 4'x4' NA
C PLANT MATERIAL AND PLANTING YNSTAd_I_ATION: G DO NOT Ex{LED"FEET PER SLCONU RVE N ANY MWIN CH U RCIAT LRE 'LITTLE DEVIL'
ALL PLANT MATERIAL A J5T MEET REQUIREMENTS OF AN51 ZISCA 'AMERICAN STANDARD FOR NURSERY STOCK H.USE COMMEIRGAL GRADE iA GAUGE US M W FNM THE CONTROLLER M THE Mcm VALVE4 Q � SV SNOWBALL VIBURNUM VIBRURNUM OPULUS 5 GAL_. S'x8' NA
"FOLLOW SPECIFIC INSTRuCTIONS IN DETAILS. C¢NTRACTQR SHALL ADJUST PLANT LOCATIONS AS IS RCOL11RE4 Tp I. N MISTALL ALL VALVES VALVE BDxES WITH LIDSAOCEPTABLE yANUEACT4IRER; MXMS M EOUAL µ
EVENLY FILL PLANTERS AND AVOID CONFLICTS WITH EXISTING STRUCTUR[S. ENSURE AVERAGE MATURE WIDTH OF J.PROoX,1E SLEEVES vNIDW ALL OURM SIDE*4KS AV RATED SuRFACE5.PLAOE d0ft E,LATERALS.PAO WIRING/I SLIYvES AS APPROPIBATE. _ 'STERILE'
PLANT WILL REb1 A1N IN PLANTER WHEN ESTABLISHING LOCATIONS. ALLOW 2'OF FREE SPACE-YAKW FOR EASE OF REWOVAL OF OW5.
k HYCROSTATC TEST: TEST MAIaW AmD VALVES THET SHALL HOLD 1OO PS FOR W MINMTES�NTH A RIA11W!•1 Loss OF s PSL REPAW AHY PFF OR SN SUMMER WINE NINEBARK PHYSOCARPUS OPUUFOLIUS 5 GAL. CX5' NA
5. FINISH 7.OPT GRADE: VALVE WI.ClI DOES NOT OCMPLY, EfOSTING SOIL SFWARD'
FCLLO'MNC INSTALLATION OF SPRINKLERS AMC PLANT MATERIALS AND BEFORE INSTALLATION OF THE PLANTER BED L.fLUI ALL Low%RFFW APPLICNl"of m0lzLM
COVERING. EN5UR£ THAT ALL 5UIL IS SETTLED THCRUUCHLY ANU ALL FINAL 5URFAOES ARE RAKED SMOUTH MFH NU YI,OCFIECT ALL HEADS TO LATERAL VIES USNC FLEX TUMG AND 9WOL BARB 17117114M TRU DWARF MDGO PINE PINUS MUGD 5 GAL. 4'x4' NA
UNDULATIONS CPR POCKETS FOR wATER POMMULA710N. N DOTAN ALL NECE59ARY PERL/TS 00tKY AIR PERTINENT UNIFORM PLIM WG WM 111150011ELfMT$_ PUMILIC'
B. INS7ALUTIOH CF QECORATILE ROCK DYER WEED FABRIC: 0. COORDNNTE KIN ALL DTIER TRADES AM AMUR MAPLE ACER GINNALA "-1�" 25'%25' 1
P. PROVIDE aWFER WIIN Am w;Yg1k7 pRANILG STLD1tIG ACTUAL LH)CATIOA.'i Of: 4■ DECIDUOUS TREE PLANTING D ETI L
2" # PEa GRAYrEL OVER A CDMMEPGIAL GRADE WISED FABRIC -P-4C
CONSULT OWNER TO CONFIRM IF ANOTHER TYPE OF ROCK IS DESIRED. BAC*IGW PFIE5ifNTER
7. INInA1 FtiTAT?IISITYFFiT CIF WA1F'RINf1 TIYF ANCI TRANSFER [IF WATER YANAOFYFNT: - AUTCYATC GONTIgMLER NITS (SIMILAR FUR EVERGREEN/CONIFERS) CID CHANTICLEER PEAR PYRUS CALLERYANA 2 CAL. 40'x25' 2
IT IS THE INSTALLING LANDSCAPE CONTRACTOR 5 IRPINSIEfILA TD COORDINATE WTH THE SPRINKLER -MAINLINE RQIJTIWO(DIMER5Kh$AND%tEvE5 AT HARP pJH A OROSSNGS)
CONTRACTOR ON INITIAL WATERING TIMES FOR ALL PLANTER AREAS A$ SOON A$ THEY ARE INSTALLER- - VALVE BANKS
CCNTRACTOR SHALL MONITOR WATER MANAGEMENT 7FROUGH MAINTENANCE PERIOD ESTABLISH AN AGRE€MENT -LATERAL ROUTBWC(NOrtATE wik71 VALVE RELATES TO W4N{/POINT] ^--�{ I-1.J PG PIN OAK WERCUS PALUSTRIS 2" CAL, 00'x'40* 2
MrA THE OANER'S WATER MANAGER AS TO NOTIFICATION PD THE INSTALLING CONTRACTOR OF ANY PLANTS THAT -HEAD LOCATIQY5 LLJ
ARf DOING POORLY DURING WARRANTY YEAR. ONCE MAINTENANCE 15 TRANSFEHREC TO THE OWNERS MAINTENANCE -HOSE DIES 1HQSE CMNEt;nON PUIILTs FOR U.NLR 19 HOW WATER THE LAWSGAPf7
COMPANY, SO PREV+ENtatjV AC71CN MAr 6E TAKEN. 1 ROM nMM N O PRIONa r FTI SH SUNQURST HONEY C{L��E�DITSIA TRIACANTI+OS 2" CAL. 35'x3U' 2
IT. PROJECT MAINTENANCE A UYNAUIC LAT{R AVAILABILITY: a"RAM AVARABLE PSI AND GP11. LOCUST 'SUNBURST
MAINTAIN ENTIRE PRGJECT THROUGH DATE OF SUBSTANTIAL COMPLETION (COORDINATE THAT GATE WITFI GENERAL P9`POUNDS PER SollAAE INCH KFC
CONTRACTOR) ON - GALLONS PER MINUTE KAKI EUCH'S CEDAR GLEDITSIA TRIACANTHO$ 7'-8' 4D'x20' CONIFER
MAINTENANCE OBJECTIVES: B IN ALL INSTANCES,SPRAT;NOT WtUENCEO BY'ew41 IS TO FALL WITTIFI THE LANDSCAPE OGUNOAIaL'k DO NOT T}NP/WATER ON WONG%WALKS 'KARL FUCH'S"
A, fn5uRE ALL PLAN 5 ARE OEING wATLFtLu PF1DFEpLY. RESET ANY PLANTS THAT ARE LEANING. C INT Ii1Tn4u�MTTW OG��A�AM NAL�Ro551eLE. VWP VANOERWOL_F PINE PINUS FLEXILIS 7'-.U' 4D'x25' CONIFIR
B. REMOVE ANT WWEEDS AND DEBRIS THAT HAS ACCUMULATED IN ANT OF THE LANDSCAPE AREA. p. CONTRACTOR SHALL INCLUDE ALL 04CUENTAL PW IS,waT ST'LCFICALLY DLHNLD AS ARE REDUUME TO NSTALL A PROKALY DPERAING SPOKLIIP 'VANpFRWCLF'
9. TRANSFER OF LANDSCAPE YAINTEFIAMC TC SINNER T.5TEM AS PART of BASF or-
AFTER SUBSTANTIAL COMPLETION, IT IS THE INSTALLING CONTRACTOR'S RE5PONSIERLITY TO CONTACT THE OWNER 4,SYS Id WAARANTTES
OR HIS REPRESENTATIVE AND TRANSFER THE MAINTENANCE OF THE LANDSCAPE TO THEM. INCLLDE AN ENTIRE *kWANT7'ENTIRE SYSTEM f4R CK YEAR FROM DATE OF SuBST,w1106L OOMPLE7KM.PARTS AND LADW.
EXPLANATION 4F WHAT HAS BEEN DONE UP TO THAT TIME AND WHAT NEEDS IMMEDIATE ATTENTION. WALLS THROLIGH
THE ENTRE PROJECT WITH THE OWNER AND INSPECT FOR ACCEPTABILITY. . LEGEND
10. PLANT MATERIAL WARRANTY:
ALL TREES AND SHRUBS SHALL HAVE A ONE YEAR wARRANTY FROM THE CATS: CF SUBSTANTAL COMPLETICN.
ONE REPLACEMENT ONLY FOR ANY TREE OR SHRUB THAT DIES. ESTABLISH THESE DATES WITH DYMJEA
ANp GENERAL CONTRACnpR-
it METHOD OF IRRIGATION:
AUTOMATIC CONTROLLED SPRINKLER SYSTEM,
DECORATIVE ROCK
2" DECORPT-W RUCK OVER TEEN FABRIC XX SURFACE OR BARK
SURFACE MULCH OVER WEED
TOPSAIL - SEE LANDSCAPE NOTES
s- AN FABRIC pesl n,P.C.
CONSULT OWNER ON - �+
PL�mcHLY - BACKFlLL AND SETTLE TOPSOIL SPECIFIC ROCK TYPE. [-Fir ItI 1ff:111LfiCL
REMOVE ALL TWINE AND COYPA.CTLL BASElI r ti
4•-C1' WIROI.1GHr IRON FENCE---, 2' DECORATNE R= DYER REED FABRIC
� +!-.
BURLAP FRAY TOP 1/3 SuRFCCE A
DF ROT MALL NOTE:
1, ALL CONTAINERS PLANTS SHALL HAVE THEIR r�; t; �.:� +,a:►Fe
LAWN PaL:I W.NEITbe
ROOT MASS LOOSE NED SLIQHTLY TO ENCOURAGE * i~ti:'•'z 'ti' fFlsgiFr'�Lr�rsafw
E�nsnNG saL RWTS TO FRPM[l MD FFE-Q IN SuIZROUNIDING 2 ,/s' TALL Roar WALL LAM �*{ ,Y=� ;a • CONSULT OWNFR ON
.i--x �y
SOIL MORE QUICKLY. EXTENT OF LOOSENING PER -- Y' '=: ` ',;3: :. SPECIFIC TYPE. Vaal w saw u-so c ft".aaTrw ptffw Im)ew-Wa+u Fa I�Dellna.o'ls
NOTE: WATER ALL SHRUBS IN _ r: i•
ODNTRACTOR DIRECTION. �.+S.ynarr"a.+.•• .�•
THCROLGHLY AT TIME OF PLANTNG. .,-r F•�LF44.{' y , pLKI�+■•tin*Lielglt. +nrA ti.tiaA17Fwq�v
HARVEST DESIGN PROJECT NO- 21419
b■ SHRUB PLANTING DETAIL DWNBY SC CHECKED BY:PM SHEET
N TS This drawing released For
5. ROCK WALL & PLANTING DETAIL "PRELIMINARY PLAT"
NL T
NTS evZ Moo
D. Conceptual Building Elevation Photos
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IX. CITY/AGENCY COMMENTS & CONDITIONS
The Applicant shall obtain final approval of the property boundary adjustment application(ROS#12793)
from Ada County prior to City Council approval of the proposed annexation-.A final approval letter for the
PBA application was submitted.
A. PLANNING DIVISION
1. A Development Agreement(DA) is required as a provision of annexation of this property. Prior to
approval of the annexation ordinance, a DA shall be entered into between the City of Meridian,the
property owner(s)at the time of annexation ordinance adoption,and the developer.
Currently, a fee of$303.00 shall be paid by the Applicant to the Planning Division prior to
commencement of the DA. The DA shall be signed by the property owner and returned to the
Planning Division within six(6)months of the City Council granting the annexation. The DA shall,
at minimum, incorporate the following provisions:
a. Future development of this site shall be generally consistent with the preliminary plat, landscape
plan and conceptual building elevations included in Section VIII and the provisions contained
herein.
b. The existing home proposed to remain on Lot 6,Block 4 shall be required to connect to City
water and sewer service within 60 days of it becoming available and disconnect from private
service, as set forth in MCC 9-1-4 and 9-4-8.
2. The final plat shall include the following revisions:
a. The minimum street frontage of Lot 8,Block 4 shall be a minimum of 30 feet as set forth in
UDC 11-2A-3 and Table 11-2A-5 for the R-4 zoning district.
b. Graphically depict a 20-foot wide easement for the City of Meridian water main line on Lot 7,
Block 4. Also,include a note with the recorded instrument number of the easement; a separate
easement will be required.
c. Provide a minimum 5-foot wide strip of land outside of the water main line easement noted
above for landscaping along the pathway on Lot 7,Block 4.
d. Correct the spelling of Matador Ct. (if spelled wrong).
3. The landscape plan submitted with the final plat shall include the following revisions:
a. The minimum street frontage of Lot 8,Block 4 shall be a minimum of 30 feet as set forth in
UDC 11-2A-3 and Table 11-2A-5 for the R-4 zoning district.
b. Include mitigation calculations on the plan for existing trees that are proposed to be removed in
accord with the standards listed in UDC I1-3B-IOCS. The Applicant shall coordinate with the
City Arborist(Kyle Yorita kyorita(c�r�,meridiancity.org)to determine mitigation requirements
prior to removal of existing trees from the site.
c. Modify detail#5 on Sheet L-I to include the proposed berm along E. McMillan Rd.
d. Depict location of the edge of paving on the plan. If the unimproved street right-of-way is ten
(10)feet or greater from the edge of pavement to edge of sidewalk or property line,the
developer shall maintain a ten-foot compacted shoulder meeting the construction standards of
the transportation authority and landscape the remainder with lawn or other vegetative ground
cover per UDC 11-3B-7C.5a.
e. Depict street buffer landscaping in accord with the standards listed in UDC 11-3B-7C.
f. Depict landscaping(i.e. shrubs along with the trees and vegetative groundcover) along the
pathway on Lot 7,Block 4 in accord with the standards listed in UDC 11-3B-12C.
g. Include an additional 0.09-acre of qualified common open space per the standards in UDC 11-
3G-3.If parkways are provided toward this requirement, they must comply with the standards
listed in UDC 11-3A-17 and 11-3G-3B.4; amend the plat if needed.
h. Provide a minimum 5-foot wide strip of land outside of the water main line easement noted
above for trees to be planted along the pathway on Lot 7,Block 4.
i. Depict a site amenity totaling a minimum of one (1)point.If a structure for shade and picnic
tables are added to the sitting area proposed on Lot 7, Block 4, this area could qualify as a
picnic area, which is two (2)points; or, the Applicant may choose another qualified amenity
from UDC Table 11-3G-4. If a shade structures is proposed,provide a detail with the final plat
application.
4. Prior to the City Engineer's signature on the final plat,all existing structures that do not conform to
the setbacks of the R-4 zoning district shall be removed.
5. The address for the existing home is required to change since access will no longer be provided from
McMillan Rd. The Applicant should coordinate the new address with the Land Development Dept.
(trickskmeridiancity.org or mamadorkmeridiancity.orQ).
B. PUBLIC WORKS
1. Site Specific Conditions of Approval
1.1 Must provide to and through to R1608650155.
1.2 Locate sewer manhole E-8 on property boundary.
1.3 Ensure no sewer services pass through infiltration trenches.
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-feet wide for two. The easements shall not be dedicated via the plat,but
rather dedicated outside the plat process using the City of Meridian's standard forms. The
easement shall be graphically depicted on the plat for reference purposes. Submit an executed
easement(on the form available from Public Works), a legal description prepared by an Idaho
Licensed Professional Land Surveyor,which must include the area of the easement(marked
EXHIBIT A)and an 81/2"x I F 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.
2.4 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.
2.5 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.
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 11-3A-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 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.
2.10 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.
2.11 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.
2.12 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.
2.13 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.
2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting
that may be required by the Army Corps of Engineers.
2.15 Developer shall coordinate mailbox locations with the Meridian Post Office.
2.16 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.
2.17 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.
2.18 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.
2.19 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.
2.20 A street light plan will need to be included in the civil construction plans. Street light plan
requirements are listed in section 6-5 of the Improvement Standards for Street Lighting.A copy
of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272.
2.21 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.
2.22 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
No comments were submitted.
D. POLICE DEPARTMENT
No comments were submitted.
E. PARK'S DEPARTMENT
No comments were submitted.
F. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID)
https:llweblink.meridiancioy.org/WebLink/Doc View.aspx?id=269801&dbid=0&repo=MeridianCiby&cr
=1
G. SETTLER'S IRRIGATION DISTRICT(SID)
hggs://weblink.meridiancity.org/WeUink/Doc View.aspx?id=269192&dbid=0&repo=Meridian City
H. WEST ADA SCHOOL DISTRICT(WASD)
No comments were submitted.
I. ADA COUNTY HIGHWAY DISTRICT(ACHD)
https:llweblink.meridianciU.ofglWebLinkIDocView.aspx?id=268719&dbid=0&repo=MeridianCity
X. 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;
The City Council finds the Applicant's request to annex the subject property with R-4 zoning and
develop single-family detached dwellings on the site at a gross density of 2.89 units per acre is
consistent with the density desired in the LDR designation for this property.
2. The map amendment complies with the regulations outlined for the proposed district, specifically the
purpose statement;
The City Council finds the proposed map amendment to R-4 and development generally complies
with the purpose statement of the residential districts in that it will contribute to the range of
housing opportunities available in the City consistent with the Comprehensive Plan.
3. The map amendment shall not be materially detrimental to the public health, safety, and welfare;
The City Council finds the proposed map amendment should not be detrimental to the public health,
safety and welfare as the proposed residential uses should be compatible with adjacent single-family
residential homes/uses in the area.
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
The City Council finds City services are available to be provided to this development. Comments
were not received from WASD on this application so the Commission is unable to determine impacts
to the school district.
5. The annexation(as applicable)is in the best interest of city.
The City Council finds the proposed annexation is in the best interest of the city.
B. Preliminary Plat(UDC 11-613-6)
In consideration of a preliminary plat,combined preliminary and final plat, or short plat,the decision-
making body shall make the following findings: (Ord. 05-1170, 8-30-2005, eff. 9-15-2005)
1. The plat is in conformance with the comprehensive plan and is consistent with this unified
development code; (Ord. 08-1372, 7-8-2008, eff. 7-8-2008)
The City Council finds the proposed plat is generally in conformance with the UDC and the
Comprehensive Plan.
2. Public services are available or can be made available and are adequate to accommodate the
proposed development;
The City Council finds public services can be made available to the subject property and will be
adequate to accommodate the proposed development.
3. The plat is in conformance with scheduled public improvements in accord with the city's capital
improvement program;
The City Council finds the plat is in conformance with scheduled public improvements for this area
in accord with the City's CIP.
4. There is public financial capability of supporting services for the proposed development;
The City Council finds there is public financial capability of supporting services for the proposed
development.
5. The development will not be detrimental to the public health, safety or general welfare; and
The City Council finds the proposed development will not be detrimental to the public health, safety
or general welfare.
6. The development preserves significant natural, scenic or historic features. (Ord. 05-1170, 8-30-2005,
ef£ 9-15-2005)
The City Council is unaware of any significant natural, scenic or historic features that need to
be preserved with this development.