Reflection Ridge Subdivision AZ 05-045
ADA COUNTY RECORDER J. DAVID NAVARRO
BOISE IDAHO 07/06106 02:03 PM
DEPUTY Patti Thompson
RECORDED-REQUEST OF
Cily of Meridian Public Works
AMOUNT .00
64
11/1111111111111111111111111111111111
106108230
_r""~"____,._~.,__
DEVELOPMENT AGREEMENT
PARTIES: 1.
2.
City of Meridian
M & H Dcveloprm:nt, LLC, Owner/Developer
THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made awl
entered into this 19"'" day of :June. ,2006, by and between City of Meridian, a
municipal corporation of the State of Idaho, hereafter called "CITY', and M & H
Development, LLC., whose address is 82 East State Street, Suite "B", Eagle, Idaho 83616
hereinafter called "OWNER/DEVELOPER".
1.
RECITALS:
1.1 WHEREAS, "OWNERJDEVELOPER" is the sole owner, in law
and/or equity, of certain tract uf land in the County of Ada, State of
Idaho, described in Exhibit A for each owner, which is attached
hereto and by this reference incorporated herein as if set forth in full,
herein after referred to as the "Property"; and
1.2 WHEREAS, I.C. 9 67-6511A, Idaho Code, provides that cities may,
by ordinance, require or permit as a condition of re-zoning that the
"Owner/Developer" make a written commitment concerning the use
or development of the subject "Property"; and
1.3 WHEREAS, "City" has exercised its statutory authority by the
enactment of Ordinance 11 ~ 15-12 and 11-16-4 A, which authorizes
development agreements upon the annexation and/or re-zoning of
land; and
1.4 WHEREAS, "Owner/Developer" has submitted an application for
annexation and zoning of the "Property's" described in Exhibit A,
and has requested a designation of (R-4) Low Density Residential,
(Municipal Code of the City of Meridian); and
1.5 \VHEREAS, "Owner/Developcr" made representatiuns atthe public
hearings both before the Meridian Planning & Zoning Commission
ami before the Meridian City Council, as to how the subject
"Property" will be developed and what improvements will be made;
and
DEVELOPMENT AGREEMENT (AZ 05-(45) REFLECTION RIDGE SUBDIVISION
PAGE 1 OF II
1.6 WHEREAS, record ofthe proceedings for the requested annexation
and zoning designation of the subject "Property" held before the
Planning & Zoning Commission, and subsequently before the City
Council, incluue responses of government subdivisions providing
services within the City of Meridian planning jurisdiction, and
received further testimony and comment; and
1.7 WHEREAS, City Council, the 21st day of February, 2006, has
approved certain Findings of Fact and Conclusions of Law and
Decision and Order, set forth in Exhibit B, which are attached hereto
and by this reference incorporated herein as if set forth in full,
hereinafter referred to as (the "Findings"); and
1.8 WHEREAS, the Findings require the "Owner/Developer" to enter
into a dcveloplnt:nt agreement before the City Council takes final
action on annexation and zoning designation; and
1.9 "QWNERJDEVELOPER" deems it to be in its best interest to be
able to enter into this Agreement and acknowledges that this
Agreement was entered into voluntarily and at its urging and requests;
and
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 ofthe "Property" is in
accordance with the terms and conditiuns of this development
agreement, herein being established as a result of evidence received
by the "City" in the proceedings for zoning designation from
government subdivisions providing services within the planning
jurisdiction and from affected property owners and to ensure re-
zoning designation is in accordance with the amended
Comprehensive Plan ofthe City of Meridian adopted August 6,2002,
Resolution No. 02-382, and the Zoning and Development Ordinances
codified in Meridian City Code Title 11 and Title 12.
NOW, THEREFORE, in consideration of the covenants and conditions set
forth herein, the parties agree as follows:
2. INCORPORATION OF RECITALS: That the ahove recitals are
contractual and binding and are incorporated herein as if set forth in full.
DEVELOPMENT AGREEMENT (AZ 05.045) REFLECTION RIDGE SUBDIVISION
PAGE 2 OF 11
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 refcrs to the City of Meriuian, a party to this
Agreement, which is a municipal Corporation and government
subdivision of the state ofIdaho, organized and existing by virtue of
law of the State ofIdaho, whose address is 33 East Idaho Avenue,
Meridian, Idaho 83642.
3.2 "OWNERlDEVELOPER": means and refers to M & H
Development, LLC., whose address is 82 East State, Suite "B", Eagle,
Idaho 83616, the party developing said "Property" and shall include
any subsequent uwners and/or developer(s) of the "Property".
3.3 "PROPERTY": means and rcfers to that certain pal"cel(s) uf
"Property" located in the County of Ada, City of Meridian as
described in Exhibit A describing the parcels to be annexed and
zoned R-4 (Low Density Residential) attached hereto and by this
reference incorporated herein as if set forth at length.
4.
USES PERMITTED BY THIS AGREEMENT:
4.1 The uses allowed pursuant to this Agreement are only those uses
allowcd under "City's" Zoning Oruinance codified at Meridian
Unified Development Code, Section 11 which are herein specified as
follows:
Construction and development of a Certificate of Zoning
Compliance shall be submitted to the City of Meridian prior to a
future development in the R -4 zone, and the pertinent provisions of
the City of Meridian Comprehensive Plan are applicable to this AZ
05-045 application.
4.2 No change in the uses specified in this Agreement shall be allowed
without modification of this Agreement.
5. DEVELOPMENT IN CONDITIONAL USE: "Owner/Developer" has
submitted to "City" an application for conditional use permit site plan dated August 15,
DEVELOPMENT AGIU-':EMENT (AZ 05-0-15) REFLECTION RIDGE SUBDIVISION
PAGE 3 OF 11
2005, and shall be required to obtain the "City'" approval thereof, in accordance to the City's
Zoning and Development Ordinance criteria, therein, provided, prior to, and as a condition
of, the commencement of construction of any buildings or improvements on the "Property"
that rcquire a conditional use permit. No new buildings are approved for construction under
this conceptual CUP/PD application. All future buildings shall require approval ofa detailed
CUP prior to submittal of any Certificate of Zoning Compliance application and/or building
permit
6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT
PROPERTY:
6.1. "Owner/Developer" shall develop the "Property" in accordance with the
following special conditions:
1. That all future uses shall not invulVl: uses, activities, processes,
materials, equipment and conditions of operation that will be
detrimental to any persons, property or the general welfare by reason
of excessive production of traffic, noise, smoke, fumes, glare or
odors.
2. That all future development of the subject property shall be
constructed in accordance with City of Meridian ordinances in effect
at the time of the development.
3. That the applicant be responsible for all costs associated with the
sewer and water service extension.
4. That any existing domestic wells and/or septic systems within this
project will have to be removed from their domestic service, per City
Ordinance Section 5-7 -517, when services are available from the City
of Meridian. Wells may be used for non-domestic purposes such as
landscape irrigation.
5. That prior to issuance of any building permit, the subject property be
subdivided in accordance with the City of Meridian Unified
Development Code.
6. That any new structure(s) shall be generally compatible in appearance
and bulk with the submitted pictures/elevations.
DEVELOPMENT AGREEMENT (AZ 05-045) REFLECTION RIDGE SUBDIVISION
PAGE 4 OF 11
7. That prior to the City Council's approval of the 200lh residential lot,
the park area on Lot 1, Block 11, shall be constructed. Construction
of the park shall include the proposed swimming pool and restrooms,
the parking lut, and the tot lot.
8. That, except for emergency access as required by the Fire
Depa1tment, the applicant agrees to relinquish any interest this
property may have in Rwnple T ,ane.
9. That one public street access will be allowed to Locust Grove Road;
direct lot access to Locust Grove Road shall be prohibited.
10. That the applicant agrees to construct a multi-use pathway through
this site from Locust Grove Road to the northwest comer of the
propelty.
7_ COMPLIANCE PERIOD/CONSENT TO REZONE: This Agrcementand
the commitments contained herein shall be terminated, and the zoning designation reversed,
upon a default of the "Owner/Developer" or "Owners/Developers" heirs, successors, assigns,
to comply with Section 6 entitled "Conditions Governing Development of Subject Property"
of this agreement within two years of the date this Agreement is effective, and after the
"City" has complied with the notice and hearing procedures as outlined in Idaho Code S 67-
6509, or any subsequent amendments or recodifications thereof.
8. CONSENT TO DE-ANNEXATION AND REVERSAL OF
ZONING DESIGNATION;
"Owner/Developer" consents upon default to the reversal of the zoning
designation of the "Property" subject to and conditioned upon the following conditions
precedent to-wit:
8.1 That the "City" provide written notice of any failure to comply with
this Agreement to "Owner/Developer" and ifthe "Owner/Developer"
fails to cure sllch failure within six (6) months of such notice.
9. INSPECTION: "Owner/Developer" shall, immediately upon completion of
any portion or the entirety of said development of the "Property" as requircd 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
DEVELOPMENT AGREEMENT (AZ 05-045) REfLECTION RIDGE SUBDIVISION
PAGE 5 OF II
thereof in accordance with the tenus and conditions of this Development Agreement and all
other ordinances of the "City" that apply to said Development.
10.
DEFAULT:
10.1 In the event "Owner/Developer", "OwnerlDeveloper'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
modified or terminated by the "City" upon compliance with the
requirements of the Zoning Ordinance.
1 0.2 A waiver by "City" of any default by "Owner/Developer" of anyone
or morc 0 f the covenants or conditions hereof shall apply solely to the
breach and breaches waived and shall not bar any other rights or
remedies of "City" or apply to any subsequent breach of any such or
other covenants and conditions.
11. REQUIREMENT FOR RECORDATION: "City" shall record either a
memorandum of this Agreement or this Agreement, including aU of the Exhibits, at
"Owner/Developer's" cost, and submit proof of such recording to "Owner/Developer", prior
to the third reading of the Meridian Zoning Ordinance in connection with the re-zoning ofthe
"Property" by the City Council. If for any reason after such recordation, the City Council
fails to adopt the ordinance in connection with the annexation and zoning of the "Property"
contemplated hereby, the "City" shall execute and record an appropriate instrument of release
of this Agreement.
12. ZONING: "City" shall, following recordation of the duly approved
Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein_
13. REMED IES: This Agreement shall be enforceable in any court of competent
jurisdiction by either "City" or "OwnerlDeveloper", or by any successor or successors in title
or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action
at law or in equity to secure the specific performance of the covenants, agreements,
conditions, and obligations contained herein.
13.1 In the event of a material breach of this Agreement, the parties agree
that "City" and "OwnerlDeveloper" shall have thirty (30) days after
delivery of notice of said breach to correct the same prior to the non-
DEVELOPMENT AGREEMENT (AZ 05-045) REFLECTION RIDGE SUBDIVISION
PAGE 6 OF 11
breaching party's seeking of any remedy provided for herein;
provided, however, that in the case of any such default which cannot
with diligence be cured within such thirty (30) day period, if the
defaulting party shall commence to cure the same within such thirty
(30) day period and thereafter shall prosecute the curing of same with
diligence and continuity, thcn the time allowed tu cure such failure
may be extended for such period as may be necessary to complete the
curing of the same with diligence and continuity.
13.2 In the event the performance of any covenant to be performed
hereunder by either "Owner/Dcveloper" or "City" is delayed for
causes which 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.
14. SURETY OF PERFORMANCE: The "City" may also require surety
bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as
allowed under Meridian City Code 912-5-3, to insure that installation of the improvements,
which the "Owner/Developer" agrees to provide, if required by the "City".
15. CERTIFICA TE OF OCCUPANCY: The "Owner/Developer" agrees that
nu Certificates ofOceupancy will be issued until all improvements are completed, unless the
"City" and "Owner/Developer" has entered into an addendum agreement stating when the
improvements will be completed in a phased developed; and in any event, no Certificates of
Occupancy shall be issued in any phase in which the improvements have not been installed,
completed, and accepted by the "City".
16. ABIDE BY ALL CITY ORDINANCES: That "Owner/Developer" agrees
to abide by all ordinances of the City of Meridian and the "Property" shall be subject to de-
annexation if the owner or his assigns, heirs, or successors shall not meet the conditions
contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and
the Ordinances ofthe City of Meridian.
17. NOTICES: Any notice desired by the parties and/or required by this
Agreement shall be deemed delivered if and when pcrsonally delivered or three (3) days after
deposit in the United States Mail, rcgistered or certified mail, postage prepaid, return receipt
requested, addressed as follows:
DEVELOPMENT AGREEMENT (AZ 05-045) REFLECTION RIDGE SUBDIVISION
PAGE 7 OF II
CITY:
OWNERJDEVELOPER:
c/o City Engineer
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83642
M & H Development, LLC.
82 East State Street, Suite "B"
Eagle,ID 83616
with copy to:
City Clerk
City of Meridian
33 E. Idaho Avenue
Meridian, ID 83642
17.1 A pmty shall havt: the right to change its address by delivering to the
other party a written notification thereof in accordance with the
requirements of this section.
18. ATTORNEY FEES: Should any litigation be commenced between the
parties hereto conceming this Agreement, the prevailing party shall be entitled, in addition to
any other relief as may be granted, to court costs and reasonable attomey's fees as
determined by a Court of competent jurisdiction. This provision shall be deemed to be a
separate contract between the parties and shall survive any default, termination or forfeiture
of this Agreement.
19. TIME IS OF THE ESSENCE: The palties ht:rdu acknowledge and agree
that time is strictly of the essence with respect to each and every term, condition and
provision hereof, and that the failure to timely perform any of the obligations hereunder shall
constitute a breach of and a default under this Agreement by the other party so failing to
perform.
20. BINDING UPON SUCCESSORS: This Agreement shall be binding upon
and inure to the benefit of the parties' respective heirs, successors, assigns and personal
representatives, including "City's" corporate authorities and their successors in office. This
Agreement shall be binding OIl tht: "OwnerlDeveloper" of the "Property", each subsequent
owner and any other person acquiring an interest in the "Property". Nothing herein shall in
any way prevent sale or alienation of the "Property", or portions thereof, cxccpt 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
DEVELOPMENT AGREEMENT (AZ 05-045) REFLECTION RIDGE SUBDIVISION
PAGE 8 OF II
evidence of termination of this Agreement if "City", in its sole and reasonable discretion, had
determined that "Owner/Developer" has fully performed its obligations under this
Agreement.
21. INVALID PROVISION: If any provision of this Agreement is held not
valid by a court of competent jurisdiction, such provision shall be deemeu to be excised from
this Agreement and the invalidity thereof shall not affect any of the other provisions
contained herein.
22. FINAL AGREEMENT: This Agreement sets forth all promises,
inducements, agreements, condition and understandings between "OwnerlDeveloper" and
"City" relative to thc subject matter hereof, and thcre are no promises, agreements,
conditions or understanding, either oral or written, express or implied, between
"OwnerlDeveloper" and "City", other than as are stated herein. Except as herein otherwise
provided, no subsequent altt:ratiun, 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, und pursuant, with rcspect to "City", to a duly auupted
ordinance or resolution of "City".
22.1 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.
23. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective
on the date the Meridian City Council shall adopt the amendment to the Mcridian Zoning
Ordinance in connection with the annexation and zoning of the "Property" and execution of
the Mayor and City Clerk.
DEVELOPMENT AGREEMENT (AZ 05-045) REFLECTION RIDGE SUBDIVISION
PAGE 9 OF 11
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement
and made it effective as hereinabove provided.
OWNER /DEVELOPER
M & H DEVELOPMENT, LLC.
By:&r
CITY OF MERIDIAN
Attest:
DEVELOPMENT AGREEMENT (AZ 05-045) REFLECTION RIDGE SUBDIVISION
PAGE 10 OF 11
STATE OF IDAHO, )
: ss:
County of Ada, )
On this rl~day of ~ , 2006, before me, the undersigned, a
Notary Public in and for said State, personally appeared Dave Buieh, knowIl ur identified to
me to be the ()U ll"- lJ\/' I ~ .LJ.e l.() a,e/y- of M & H Development, LLC,
acknowledged to me that he executed the safne on behalf of saId corporatIOIl.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year in this certificate first above written.
(SEAL)
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STATE OF IDAHO )
: ss
County of Ada )
On this .;11- ~ day of :1lne.... , 2006, before me, a Notary
Public, personally appeared Tammy de Weerd and William G. Berg, Jr., know or identified
to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the
instrument or the person that executed the instrument of behalf of said City, and
acknowledged to me that such City executed the same.
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Residing at: Co....l d UJ ell, 'D
Commission expires: .0" '-l \
DEVELOPMENT AGREEMENT (AZ 05-045) REFLECTION RIDGE SUBDIVISION
PAGE 11 OF 11
FOX Land Su",eys, Inc.
4696 Overland Rd. STE 162 A Boise Idaho A 83705 A 2Q8..342-7957 A 2t)8..342.7437 FAX!
REFLECTION RIDGE ANNEXATION DESCRIPTION
A PORTION OF SECTION 30, TOWNSHIP 3 NORTH, RANGE 1 EAsT, BoiSE MERID~.
ADA COUNTY, IDAHO '
A portion of Section 30, Township 3 North, Range 1 East, Boise Meridian, Ada County,
Idaho, more particularly described as follows;
Commencing at the Center % Comer of said Section 30, the TRUE POINT OF
BEGINNING;
thence along the North-South Center of Section Line, North 00008'02" West, a distance of
1113.93 feet to the beginning of a non-tangent curve to the right on the centerline of the
Ridenbaugh Canal;
thence along said centerline the following courses and distances:
along said non-tangent curve to the right having a length of 152.90 feet, a radius of 251.76
feet, a central angle of 34047'46., tangents of 78.89 feet, and a long chord which bears
South 42021'06. East, a distance of 150_56 feet;
South 24057'13" East, a distance of 378.12 feet to the beginning of a curve to the left;
along said curve to the left having a length of 115.22 feet, a radius of 315.00 feet, a central
angle of 20057'29", tangents of 58.26 feet, and a long chord which bears South 35025'5811
East, a distance of 114.58 feet;
South 45054'42" East, a distance of 808.09 feet to a point on the East-West Center of
Section line of Section 30;
thence along said East-West Center of Section Line, South 89043'54" West, a distance of
71.43 feet more or less, to the South side of the Ridenbaugh Canal, as called for in Quit
Claim Deed Instrument Number 102158440;
thence along said South side the following courses and distances:
South 45050'45" East, a distance of 1032.09 feet more or less, to the beginning of a curve
to the left;
along said curve to the left having a length of 279.14 feet more or less, a radius of 800.00
feet, a central angle of 19059'31", tangents of 141.00 feet more or less, and a long chord
which bears South 55050'31" East, a distance of 277.72 feet more or less;
South 65050'16" East, a distance of 417.14 feet more or less, to beginning of a curve to the
left;
along said curve to the left having a length of 282.05 feet more or less, a radius of 300.00
feet, a central angle of 53052'04", tangents of 152.42 feet more or less, and a long chord
which bears North 87013'42" East, a distance of 271.78 feet more or less;
North 60017'40" East, a distance of 201.31 feet more or less, to the Easterly boundary of
Section 30;
thence along said easterll boundary, South 00030'07" East, a distance of 385.00 feet more
or less to the South 1/16 Comer common to Sections 30 and 29;
thence along the South 1/16th line of Section 30, South 89046'51" West, a distance of
2631.28 feet to the Center-South 1/1Sth Comer of Section 30;
thence along the North-South Center line of Section 30, South 00008'02" East, a distance
of 167.53 feet to the most Southerly comer or property described in Personal
Representatives Deed Instrument Number 99008747;
thence along the Southerly boundary of said Personal Representatives Deed the following
courses and distances:
North 38033'24"" West, a distance of 126.24 feet;
North 52028'30" West, a distance of 595.70 feet;
North 60034'04" West, a distance of 244.40 feet;
North 64004'55" West, a distance of 164.59 feet;
North 65<>54'Q9" West, a distance of 453.96 feet to a point on the West 1/161h line of
Section 30;
thence along said west 1/16th line, North 00000'23" West, a distance of 646.52 feet to the
Center-West 1/16th Comer of Section 30;
thence along the East-West Center Section line of Section 30, North 89044'36" East, a
distance of 1323.01 feet to the TRUE POINT OF BEGINNING.
Containing 91.085 acres, more or less.
Subject to existing easements and rights.of-way as any may exist, of record or not of
record.
It is the intention of this desaiption to include aU of the property described in Quit Claim
Deed Instrument number 102158440, Personal Representatives Deed Instrument Number
99008747, Quit Claim Deed Instrument number 96005405, and Quit Claim Deed
Instrument number 99112159, including any portions of these properties not de ibed in
this document. 13!=-~~PP~o\W.n .---' ~
B:;r-=-- _ ') QC............- .r~
Refer to attached sketch.
TJF;taj W:\PROJECTS\2OOSlDs.G28.PRJ\PROJEC'NlESCRIPTIONS\S28ANNEXDESC(8-1:5.oS).DOC
AUG 30 .z005
Fox Land Surveys, Inc.
Timothy J. Fox, President, PLS 7612 MEP.iDIAN PUBLIC
END OF DE~~~bN
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF
LA WAND
DECISION & ORDER
RECEIVED
FEB 1 '4 2006
~i eridian
. . it Office
cUe;Ui:n -~; . \
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In the Matter of Annexation and Zoning of 91.1 acres from RUT to R-4 (Low Density
Residential) AND Preliminary Plat approval request for 255 residential building lots and
29 common/other lots AND Conditional Use Permit for a Planned Development consisting
of 255 single. family home sites with a request to reduce the standard lot size, lot frontage,
building setback and maximum block length in the proposed R.4 zone, by M & H
Development, LLC and ADW, LLC.
Case No(s).: AZ.OS.045, PP.05-048 and CUP.05-046
For the City Council Hearing Date of: February 21, 2006
A. Findings of Fact
1. Ht:aring Facts (see attached Staff Report for the hearing date of February 21,2006
incorporated by reference)
2. Process Facts (see attached Staff Report for the hearing date of February 21,2006
incorporated by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of
February 21,2006 incorporated by reference)
4. Required Fiudings per Lhe Unified Development Code (see attached Staff Report for the
hearing date of February 21,2006 incorporated by reference)
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use
Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (LC S67-6503).
2. The Meridian City Council takes judicial notice of its Unified Development Code
codified at Title 11 Meridian City Code, i:IllU all current ;wning maps lhereof. The City of
Meridian has, by ordinance, established the Impact Area and the Amended
Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002,
Resolution No. 02.382 and Maps.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-OS.045 / PP-OS-048/ CUP-OS-046 - PAGE 1 of4
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code ~
II-SA.
4. Due consideration has been given to the commellt(s) received from the govennnental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not
impose expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Decision, which
shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon
the applicant, the Planning Department, the Public Works Department and any affected
party requesting notice.
7. That this approval is subject to the Legal Description, Preliminary Plat, Site Plan,
Landscape Plan, and the Conditions of Approval all in the attached Staff Report for the
hearing date of February 21,2006 incorporated by reference. The conditions are
concluded to be reasonable and the applicant shall meet such requirements as a condition
of approval of the application.
C. Decision and Order
Pursuant to the City COWlcil's authority as provided in Meridian City Code ~ II-5A and
based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby
ordered that:
1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat
dated September 12,2005 is hereby conditionally approved;
2. The applicant's Site Plan as evidenced by having submitted the Site Plan dated January
5,2006 is hereby conditionally approved; and,
3. The following modifications to site specific conditions were made at the City COWlcil
hearing:
a. None.
4. The site specific and standard conditions of approval are as shown in the attached Staff
Report for the hearing date of February 21, 2006 incorporated by reference.
D. Notice of Applicable Time Limits (as applicable)
1. Notice of Eighteen (18) Month Conditional Use Permit Duration
Please take notice that the conditional use permit, when granted, shall be valid for a
maximum period of eighteen (18) months unless otherwise approved by the City.
During this time, the applicant shall commence thc usc as pcrmittcd in accord with the
conditions of approval, satisfy the requirements set forth in the conditions of approval,
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S)_ AZ-05.045 I PP-OS-048 I CUP-05-046 - PAGE 2 of 4
and acquire building pennits and commence construction of penn anent footings or
structures on or in the ground. For conditions use permits that also require platting, the
final plat must be recorded within this eighteen (18) month period. For projects with
multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the
event that the development is made in successive contiguous segments or multiple
phases, such phases shall be constructed within successive intervals of one (1) year
from the original date of approval. If the successive phases are not submitted within the
one (I) year interval, the conditional approval of the future phases shall be null and
void. Upon written request and filed by the applicant prior to the termination of the
period in accord with 11-5B-6.G.l, the Director may authorize a single extension ofthe
time to COlmnence the use not to exceed one (1) eighteen (18) month period. Additional
time extensions up to eighteen (18) months as determined and approved by the
Commission may be granted. With all extensions, the Director or Commission may
require the conditional use comply with the current provisions of Meridian City Code
Title 11.
2. Notice of Preliminary Plat Duration
Please take notice that approval of a preliminary plat, combined preliminary and final
plat, or short plat shall become null and void if the applicant fails to record a final plat
within two (2) years of the approval of the preliminary plat or one (1) year of the
combined preliminary and final plat or short plat. In the event that the development of
the preliminary plat is madt: 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 eighteen (18) months, may be considered for
final approval without resubmission for preliminary plat approva1. Upon written request
and filed by the applicant prior to the termination of the period in accord with 11-6B-
7.A, the Director may authorize a single extension of time to record the final plat not to
exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as
determined and approved by the City Council may be granted. With all extensions, the
Director or City Council may require the preliminary plat, combined preliminary and
final plat or short plat to comply with the current provisions of Meridian City Code
Title 11. If the above timetable is not met and the applicant does not receive a time
extension, the propertY shall be required to go through the platting procedure again.
E. Notice afFinal Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat
or conditional use permit entitles the Owner to request a regulatory taking analysis.
Such request must be in writing, and must be filed with the City Clerk not more than
twenty-eight (28) days after the final decision concerning the matter at issue. A request
for a regulatory takings analysis will toll the time period within which a Petition for
Judicial Review may be filed.
2. Please take notice that this is a final action of the governing body of the City of
Meridian, pursuant to Idaho Code ~ 67w6S21 an affected person being a person who has
an interest in real property which may be adversely affected by the issuance or denial of
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-OS-045 / PP~05-048 / CUP-05-046 - PAGE 3 of4
the conditional use pennit approval may within twenty-eight (28) days after the date of
this decision and order seek a judicial review as provided by Chapter 52; Title 67, Idaho
Code.
F. Attached: Staff Report for the hearine date of February 21,2006
By action afthe City Council at its regular meeting held on the
~f;;-UA~, 2006.
COUNCIL MEMBER SHAUN WARDLE
2-( f'7 day of
COUNCIL MEMBER JOE BORTON
VOTED~
VOTED ~
VOTED r
VOTED ffe--r
COUNCIL MEMBER CHARLIE ROUNTREE
COUNCIL MEMBER KEITH BIRD
TIE BREAKER
MAYORTAMMYde~ERD
VOTED
B~V1 -M.o 1M
Ity Clerk's Office -
ATTEST:
~G~BERG JR.,
Copy served upon:
Dated: r:J"'~1-{) (JJ
CITY OF MERIDIAN FINDiNGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-Q5-045 I PP-05-048 I CUP-05-046 . PAGE 4 of 4
STAFF REPORT
TO:
FROM:
CiTY OF MERIDIAN PLANNING DEPARTMENT STAFf REPORT FOR THE HEARING DATE OF FEHR~E.@ E IVE I
'~WB 1 i 2006
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Hearing Date: 2/21/2006
Mayor & City Council
C. Caleb Hood
Current Planning Manager
208.884-5533
SUBJECT:
Reflection Ridge Subdivision
AZ-05-045
Annexation and Zoning of91.1 acres from RUT to R-4 (Low Density
Residential).
PP-05-048
Preliminal)' Plat request for 255 building lots and 26 common/other lots.
CUP-05-046
Conditional Use Permit fur a planned development consisting of 255 single-
family home sites with a request to reduce the standard lot size, lot frontage,
building setback and maximum block length in the proposed R-4 zone.
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicants, M & H Development, LLC and ADW, LLC, have applied for Annexation and Zoning
(AZ), Preliminary Plat (PP), and Conditional Use Permit for a Planned Development (CUPIPD)
consisting of 255 building lots and 26 common/other lots on 91.1 acres. The site is located on the west
side of Locust Grove Road, approximately ~ of a mile north of Amity Road. This site is currently rural
residential and is currently improved with three single-family residential buildings and several accessol)'
buildings. The site has not been previously platted.
2. SUMMARY RECOMMENDATION
The Meridian Planning and Zoning Commission heard the item on October 20,2005, November 17, 2005
and Janual)' 5, 2006. At the Janual)' 511I public hearing they moved to recommend approval.
a. Summary of Public Hearing:
i. In favor: David Koga (applicant's representative)
II. In opposition: Nonc
Ill. Commenting: None
lV. Staff presenting application: C. Caleb Hood
v. Other staff cOIwnenting on application: None
b. Key Issues of Discussion by Commission:
1. Ridenbaugh Canal ownership and constructing a multi-use pathway near the
Canal.
II. Street layout and traffic calming mechanisms.
iii. Emergency/secondary access from Meridian Road via the existing private
lane/future collector roadway.
c. Key Commission Changes to Staff Recommendation:
1. Amended Site Specific Condition 1.1.1 in Exhibit B of the Staff Report to
reference the revised plan/plat date.
d. Outstanding IS!iue(s) for City Council:
i. Staff reconunends that the aoolicant. at the public hearing, provide an update on
the status of acouirinll: a portion of the RidenbauRh Canal property from NMID to
Reflection Rid:e Subdivision - AZ-OS-04S. PP-05-048, CUP-05.046
PAGE 1
CITY OF MERIDIAN "LANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 21,2006
construct the multi-use oathwav. and give an update on anv change to the
proposed multi-use oathway's location that mav be required bv NMID.
The subject property is within the Urban Service PlaMing Area. The subject applications (AZ, PP, and
CDPIPD) were submitted to the Plamring Department for concurrent review. Below, staff has provided a
detailed analysis and the Planning & Zoning Commission recommended conditions of approval for the
requested allllexation and zoning, preliminary plat, and conditional use pencit applications. The
recommendation and conditions of aoprovallisted within the subiect Staff Report are based on the revised
drawinl!s for Reflection Ridlle.
NOTE: These applications were originally submitted prior to the City adopting the Unified Development
Code (UDC). This project is being reviewed under the previous development provisions of Titles 11 and
12 of Moridian City Code (MCC).
3. PROPOSED MOTION
Approval
After considering all staff, applicant and pllhlic testimony, I move to approve File Numbers AZ-
05-045, PP-05-048 and CUP-05-046 as presented in Staff Report for the hearing date ofFebmary
21,2006 and the Revised Preliminary Plat dated September 12, 2005, and the Site Plan dated
January 5, 2006 with the tollowing modifications to the conditions of approval: (add any
proposed modifications.)
Denial
After considering all staff, applicant and public testimony, J move to deny File Numbers AZ-05-
045 and CUP-05-046 for the following reasons: (you should state specific reasons for denial of
the Annexation and CUP; you must state specific reason(s) for denial of the Preliminary Plat.)
Continuance
After considering all staff, applicant and public testimony, I move to continue File Numbers
AZ-05-045, PP-05-048 and CUP-05-046 to the hearing date of (insert continued hearing date
here) for the following reason(s): (you should state specific reason(s) for continuance.)
4. APPLICATION AND PROPERTY FACTS
a. Site AddresslLocation:
4275 S. Locust Grove Road I west of Locust Grove Road, approximately Y-i of a mile
north of Amity Road, within 3NIE30.
b. Owners:
A & B Rumple Family Trust
3777 Sugar Creek Drive
Meridian, Idaho 83642
&
ADW, LLC
4794 W. Cree Way
Boise, Idaho 83709
&
Thomas & Diane McCrorey
Rctlection Ridge Subdivision - AZ-05.045, PP.05-Q4R, r:J JP-O'i-046
PAGE 2
CITY OF MERIDIAN PLANNING DEPARlMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 21.2006
850 E. Rumple Lane
Meridian, Idaho 83642
&
Marlene Wiley
1515 Shennan Street
Boise, Idaho 83702
c. Applicants:
M & H Development, LLC
82 E. State Street, Ste. B
Eagle, Idaho 83616
&
ADW, LLC
4794 W. Cree Way
Boise, Idaho 83709
d. Representative: David Koga, The Land Group
e. Present Zoning: RUT (Ada County)
f. Present Comprehensive Plan Designation: Forty acres of the site are designated for
Mediwn Density Residential use on the Comprehensive Plan Future Land Use Map, and 50
acres ofthe site are designated for Low Density Residential use on the Map. A multi-use
pathway is also shown adjacent to the Ridenbaugh Canal on the Map.
g. Description of Applicant's Request: The applicant is requesting concurrent approval for
Annexation and Zoning of the subject 91.1 a~res to R-4, Preliminary Plat approval of255
buildable lots, and Conditional Use Permit approval for a planned development with
reductions to the minimum lot size. minimum lot street frontage and maximwn block length_
The applicant is proposing a mix of single-family, alley loaded lots (18 lots) and detached
single-family lots (2371ots). One-hundred-fifty-two of the lots are 8,000 square-feet or greater
in size, and 103 of the lots are below 8,000 square feet. The average lot size in the proposed
development is 8,785 square feet. A gross density of 2.8 dwelling units per acre is proposed.
Usable open space in excess of 17 percent ofthe site, a swimming pool, :J clubhouse with
changing rooms and restrooms, a half basketball court, a sand volleyball court, two tot lots,
gazebos, picnic tables, benches, ornamental entrance street lights, micropaths, a regional
pathway along the Ridenbaugh Canal, and a landscaped entrance boulevard corridor with
street trees are some of the amenities proposed by the applicant.
1. Date of preliminary plat (attached in Exhibit Al):
2. Date of CUP site plan (attached in Exhibit A2):
3. Date of landscape plan (attached in Exhibit A3):
U9/12/U~
01/05/06
08/15/05
h. Applicant's Statementl.Tu~tification (please see applicant's submittal material): The
proposed low density, R-4 zoning is compatible and harmonious with the surrounding area and
complies with the Comprehensive Plan. Medium density residential development exists and/or
is planned to the north, the east across S. Locust Grove Road and a portion of the south-west
property line. The City's Comprehensive Plan Future Land Use designates the land to the west
Reflection Ridge Subdivision - AZ-05-045. PP-05-04R, CIJP-05-046
PAGF 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 21, 2006
as Regiunal Mixed Use. This development will serve to tie those areas together and transition
from. different intensity uses through its use as a high quality traditional neighborhood with
low density.
5. PROCESS FACTS
a. The subject application will in fact constitute an annexation as determined by City Ordinance.
By reason of the provisions of the Meridian City Code Title 11 Chapter 16, a public hearing is
required before the City Council on this matter.
b. The subject application will in fact constitute a preliminary plat as determined by City
Ordinance. By reason ofthc provisions ofthe Meridian City Code Title 12 Chapter 3, a public
hearing is required before the City Council on this matter.
c. The subject application will in fact couiStitute a planned development as determined by City
Ordinance. By reason of the provisions ofthe Meridian City Code Title 12 Chapter 6, a public
hearing is required before the City Council on this matter.
d. The subject application will in fact constitute a conditional use as determined by City
Ordinance. By reason of the prOvisions ofthe Meridian City Code Title 11 Chapter 17, a
public hearing is required before the City Council on this matter.
e. Newspaper notifications published on: October 3rd and October 171h, 2005 (for Planning
& Zoning Commission hearing) and January 30th and February 13th, 2006 (for City Council
hearing).
f. Radius notices mailed to properties within 300 feet on: September 23m, 2005 (for
PI8lll1ing & Zoning Commission hearing) and January 271h, 2006 (for City Council hearing).
g. Applicant posted notice on site by; October lOth, 2005 (for Planning & Zoning
Commission hearing) and February 11 tl1, 2006 (for City Council hearing).
6. LAND USE
a. Existing Land Use(s): Rural residential
b. Description of Character of Surrounding Area: Rural residential, transitioning to urban
residential with the recent approvals of Bellingham Park Subdivision, Sicily Subdivision,
Roseleaf Subdivision, Chatsworth Subdivision, and the Tuscany Subdivisions.
c. Adjacent Land Use and Zoning:
1. North: Rural Residential, zoned RUT (Ada COWlty); Approved Sicily Subdivision,
zoned R-8
2. East: Rural Residential, zoned RUT (Ada County); Approved Bellingham Park
Subdivision, zoned R-8
3. South: Rural Residential, East Slope Subdivision, zoned RUT (Ada County)
4. West: Gravel Pit and Indoor Storage Facility, zoned RUT (Ada County)
d. History of Previous Actions: N/A
e. Existing Constraints and Opportunities:
1. Public Works:
Location of sewer: Sewer is located in Locust Grove approximately 1200 feet
to the north of this project. However, already approved projects will be bringing
it nearer to the site.
Reflection Ridge Subdivision - AZ.OS.04S, PP.05-048, CUP-05-046
PAGE 4
CITY OF MERlDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 21, 2006
Location of water: Water is located in Locust Grove approximately J 200feet
to the north of this project. However, already approved projects will be bringing
it nearer to the site. .
Issues or concerns: The topographic nature of this site leads to a couple qf'
concerns jar the Public Works Department. The first being that it leads to the
necessity of a new pressure zone for the City of Meridian. Secondly, that lot
drainage becomes a concern.
2. Vegetation: There are some existing trees on this site that should either be preserved
or mitigated for. The rest ofthe site is primarily used for agricultural purposes.
3. Flood plain: N/A
4. Camus/Ditches Irrigation: The Ridenbaugh Canal traverses along the north
boundary of the subject property. There are a couple of other ditches and/or drains that
abut this site. Except for the Ridenbaugh Canal, the applicant is proposing to cover all
ditches and laterals that cross, intersect, or are adjacent to the site. Please see the
Analysis section and Exhibit B below for requirements related to the irrigation ditches,
laterals and canals on this site.
5. Hazards: The Ridenbaugh Canal nms along the north side of this site. The
Ridenbaugh Canal is deep and wide and could be hazardous to children.
6. Proposed Zoning: R-4
7. Size of Property: 91 acres
8. Description of Use: Single-Family
f. Subdivision Plat Information:
I. Residential Lots: 255
2. Non-residential Lots: 0
3. Total Building Lots: 255
27
4. Common Lots:
5. Other Lots:
6. Total Lots:
2 (private street lots)
284
7. Residential Area: 91 acres
8. Gross Density; 2.8 units per acre
g. Landscaping~
1. Width of street buffer(s): Per MCC 12-13-10-4 a 20-foot wide street buffer is
required along Locust Grove Road, a collector roadway. The landscape plan, site plan
and preliminary plat all depict a 25-foot wide street buffer adjacent to Locust Grove
Road. No other street buffers are required by ordinance.
2. Width ofbuffer(s) between land uses: No land use buffers apply to the proposed
development.
3. Percentage of site as open space: Exclusive of the landscape buffer, the applicant
is proposing to set aside 16 acres (17%) of the site for common open space.
4. Other landscaping standards: The landscape buffer along Locust Grove Road
Reflection Ridge Subdivision - AZ-05-045, PP-G5-048, CUP-05-04/i
PAGE 5
CiTY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARJNG DATE OF FEBRUARY 21, 2001i
should be cunstructed in accordance with MCC 11~13-1O. Conunon open space lots
should include at least one deciduous shade tree per 8,000 square feet (MCC 12-13-
16-5).
h. Conditional Use Infonnation:
I. Non-residential square footage: None
2. Proposed building height: The R-4 zone allows a 35~foot tall building.
3. Percentage ofsite devoted to building coverage: NI A
4. Percentage of site devoted to landscaping: 17.7 % (16 .1 acres)
5. Percentage of site devoted to paving: Approximately 23 acres of the site will be
improved as public roadways and private allcyways (private streets).
6. Percentage of site devoted to other uses: N/ A
7. Number of Residential units: 255
i. Amenities: Usable open space in excess of 17 percent of the site, a swimming pool, a
clubhouse with changing rooms and restrooms, a half basketball court, a sand volleyball court,
two tot lots, gazebos, picnic tables, benches, ornamental entrance street lights, micropaths, a
regional pathway along the Ridenbaugh Canal, and a landscaped entrance boulevard corridor
with street trees are some of the amenities proposed by the applicant.
j. Proposed and Required Residential Standards:
R-4 Setbacks (in feet)
Proposed Required
Front Living Area 10 (for alley.loaded lots) 15
15 otherwise 15
Side Al;;cessed Garage (to street) 15 15
Front Accessed Garage 20 20
Street side 20 20
Side 5 5
Rear 15 15
Frontage 47 80
Lot Size 6,250 8,000
k. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): The
applicant is proposing one public street access to Locust Grove Road. The applicant is
proposing two stub streets to the large parcel tu the northwest (Caven), one stub street to the
25 acre parcel to the southwest, one stub to the 121 acre parcel to the south, one stub street to
the 23 acre parcel to the northeast (across the Ridenbaugh), and as staff requested, one stub
street to the 5 acre parcel to the southeast.
The City did not require a stub street to the subject site from Sicily Subdivision to the north,
and the applicant is requesting to exceed the maximum block length because there is no outlet
for the northern most street (Luminous Way). Except for at the entrance, which contains a
planter, all internal streets are proposed 36-feet wide (measured back of curb to back of curb)
and have detached 5-foot wide sidewalks. All streets will be public and will be constructed,
Reflection Ridge Subdivision - AZ-05-045, PP-05-048, CUP-05-046
PAGE 6
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 21,2006
alung with curb, gutter and sidewalks, to the Ada County Highway District's standards. Staff
supports the proposed stub streets. Staff is suppor:tive of the proposed street system.
The applicant will also be constructing two 24-foot wide alleys in Block 4. Homes adjacent to
these alleys will take access to the garage via the alley. Some ofthe alley~loaded lots do not
have frontage on a public street. Therefore, the alleys will need street signs and addresses [ur
those homes without street frontage will be provided from the alley. For this reason, staff
recommends that the proposed alleys be constructed as private streets (except for the
sidewalks) as set forth in the UDC 11-3F-4 and have turning radii at the public street of28~
feet (inside) and 48-feet (outside.)
There is an existing private lane, Rumple Lane, that runs from Meridian Road to the northwest
comer of the site. Rumple Lane intersects Meridian Road at the Y2 mile. The applicant is
proposing a public stub street, Reflection Ridge Place, in the generally vicinity of Rumple
Lane. It is anticipated that Reflection Ridge Place will be extended to the west to connect with
Meridian Road when the property to the northwest (Caven) re-develops. To ensure that
Rumple Lane does not exist in perpetuity, but is instead developed as part of a public road, the
applicant should be required to vacate any interest in Rumple Lane. See Analysis below.
The ACHD is requirin2 traffic calmine: devices at the intersection of Reflection Ridge Drive
and West Wrililitwood Drive as well as at Reflection Ride:e Drive and Northern Lie:hts
Avenue. The ACHD is also restricting drivewav locations near the roundabouts. Bulb-outs. for
traffic calming: are also beine required at the Lwninous W av and Reflection Ridge Drive
intersection. at the Luminous Wav and Shimmering Street intersection. and at the Twilight
Ridge and Memory Ridge Wav intersection. Left and ri2ht hand turn lanes are being required
alone: Locust Grove Road. Widening; of Locust Grove Road abuttine: the site; and construction
of sidewalk alone: Locust Grove Road are also conditions of ACHD. For a detailed report on
the public streets and access points to public streets, please see the ACHD report, the Analysis
section of this report, and Exhibit B.
7. COMMENTS MEETING
On September 30, 2005 Planning Staff held an agency comments meeting. The agencies and
departments present included: Meridian Fire Department, Meridian Police Department, Meridian
Parks Department, Meridian Public Works Department, and the Sanitary Services Company. Staff
has included all comments and recommended actions as Conditions of Approval in the attached
Exhibit B.
8. COMPREHENSIVE PLAN POLICIES AND GOALS
Approximately 40 of the 91 acres are designated "Medium Density Residential" on the
Comprehensive Plan Future Land Use Map. Medium Density Re~iut:Iltial areas are anticipated to
contain between three and eight dwelling units per acre. The remaining 50 acres adjacent to
Locust Grove Road are designated "Low Density Residential" on the Comprehensive Plan Future
Land Use Map. Low density residential areas are anticipated to contain up to three dwellings per
acre. The applicant has submitted individual calculations for the low density and medium density
areas. The 50.5 acres designated for luw ueIl~ity residential contains 143 dwelling units for a
gross density of 2.8 dwelling units/acre. The 40 acres designated for tnedium density residential
contains 112 dwelling units for a gross density of 2.8 dwelling units/acre. Staff finds that the
overall density is within the range for a low to medium density project.
Staff finds the following Comprehensive Plan policies to be applicable to this property and apply
to the proposed development (staff analysis in italics below policy):
Reflection Ridge Subdivision - AZ-05-045, PP-05-048, l.lW-OS-046
P AG.E 7
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE 01' FEBRUARY 21. 2006
· Require that development project!': have planned for the provision of all public services.
(Chapter VII, Goal III, Objective A, Action 1)
When the City established its Area of City Impact, it planned to provide City services to the
subject property. The City of Meridian plans to provide municipal services to the lands
proposed to be annexed in the following manner:
· Sanitary sewer and water service will be' extended to the project at the
developer 's expense.
· The subject lands currently lie within the jurisdiction of the Meridian Rural Fire
District. Once annexed the lands will be under the jurisdiction of the Meridian
City Fire Department, who currently shares resource and personnel with the
Meridian Rural Fire Department.
· The subject lands currently lie within the jurisdiction of the Ada County Sheriff's
Office. Once annexed the lands will be serviced by the Meridian Police
Department (MPD).
· The roadways adjacent to the subject lands are currently owned and maintained
by the Ada County Highway District (ACHD). This service will not change.
· The subject lands are currently serviced by the Meridian School District #2. This
service will not change.
. The subject lands are currently serviced by the Meridian Library District. This
service will not change and the Meridian Library District should suffer no
revenue loss as a result of the subject annexation.
Municipal, fee-supported, services will be provided by the Meridian Building Department,
the Meridian Public Works Department, the Meridian Water Department; the Meridian
}Vastewater Department, the Meridian Planning Department, Meridian Utility Billing
Services, and Sanitary Services Company.
. Protect existing residential properties from incompatible land use development on adj acent
parcels. (Chapter vn, Goal IV, Objective C, Action 1)
The applicant is proposing a residential development. Stafffinds that the existing residential
properties to the north, south and east are compatible with the proposed development. The
Parks Department has looked at redevelopment of the 25-acre mining pit to the west and
south for a City Park. The main concerns of the Parks Department with this area being used
for a park are the lack of access to the area because there are steep slopes, and the lack of
visibility into the site. The Parks Department believes they can work around these constraints
and use a large portion of the 25-acre area for a park in this section. The property that
currently has storage facilities (northeast comer of Amity Road and Meridian Road) is
designated for Mixed Use - Regional on the Future Land Use Map. Staff anticipates the
existing mining pit and the storage areas to the west and south will redevelop in the near
future.
. Support a variety of residential categories (low-, mediwn-, and high-density single family,
multi-family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of
providing the City with a range of affordable housing opportunities. (Chapter Vll, Goal IV,
Objective C, Action 10)
The subject applications include a request for the R-4 zone and propose only single-family
detached units. The applicant is offering a mix of lot sizes and house styles. Some alley-
Reflection Ridge Subdivision - AZ-05-045, PP-05-048, CUP-05-046
PAGE 8
CITY OF MERIDIAN PLANNING DEPARTMENT STAFf REPORT FOR THE HEARING DATE OF FEBRUARY 21> 7006
loaded units a~i well as front~loaded garage units are proposed. Although the requested zone
does not provide much variety, the proposed Craftsman and Classic house styles do
contribute to the variety qf hfJuse styles in the area.
· Offer a diversity of housing types for a greater range of choice. Encourage quality housing
project for all economic levels in a variety of areas. (Chaptl;:r VII Goal V Objective A)
See bullet above. Stafffinds that the housing types proposed are appropriatefor a residential
development in this location.
· Require street connections between subdivisions at regular intervals to enhance connectivity
and better traffic flow. (Chapter VI, Goal II, Objective A, Action 6)
The applicant is proposing to provide stub streets to the unplatted parcels to the northwest
(2), south (2), southeast (1) and northeast (1). Staff is supportive of the proposed stub streets.
See Exhibit B below.
· Review new development for appropriate opportunities to connect to local roads and
collectors in adjacent developments. (Chap tel' VI, Goal II, Objective A, Action 13)
See bullet above.
· Require new urban density subdivisions which abut or are proximal to existing low density
residentialland uses to provide landscaped screening or transitional densities with larger,
more comparable lot sizes to buffer the interface between urban level densities and rural
residential densities. (Chapter VII, Goal I, Objective D, Action 8)
The applicant is providing a landscape buffer adjacent to the existing 1 and 5 acre parcels to
the south. The applicant has proposed a development in which the single-family lots in the
development are adjacent to other single-family lots. Staffrecognizes that there are some
existing low density residential land uses to the south and supports the proposed landscaping
and lots adjacent to the existing residences.
· Permit new residential, conunercial, or industrial developments only where urban services
can be reasonably provided at the time of final approval and development is contiguous to the
City. (Chapter IV Goalll, Objective A)
All urban services can be made available to this site.
· Require new residential development to provide permanent perimeter fencing to contain
construction debris on site and prevent windblown debris from entering adjacent agricultural
and other properties. (Chapter VII, Goal I, Objective D, Action 9)
The applicant is not proposing to fence the entire perimeter of the site. Ifpermanent fencing
is not constructed prior to issuance of building permits, temporary construction fencing
should be installed. See Analysis below for comments regarding the proposed fencing types.
· Restrict curb cuts and access points on collectors and arterial streets. (Chapter vn, Goal IV,
Objective D, Action 2)
Except for Wrightwood Drive, access to Locust Grove Road should be prohibited.
Staff finds that the proposed R-4 zoning designation is generally harmonious with and in
accordance with the Comprehensive Plan.
9. ZONING ORDINANCE
Reflection Ridge Subdivision - AZ-05-045, PP-05-048, CUP-OS-046
PAGE 9
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE lfEARINO DATE OF fEBRUARY 21. 2006
a. Zoning Schedule of Use Control: Meridian City Code 11-2-1 lists single~family dwellings as
permitted uses in the R-4 zoning district.
b. Purpose Statement of Zone:
R-4 Low Density Residential District: Only Single-family dwellings, public schools, and
public and private parks shall be permitted and no conditional uses shall be permitted except
for planned developments. The purpose of the R-4 district is to permit the establishment of
low density single-family dwellings, and to delineate those areas where predominantly
residential development has, or is likely to occur in accord with the comprehensive plan of the
city, and to protect the integrity of residential areas by prohibiting the intrusion of
incompatible nonresidential uses. The R-4 district allows for a maximum of four (4) dwelling
Mits per acre and requires connection to the municipal water and sewer systems of the city of
Meridian.
c. General Standards: As part of the PD, the applicant is requesting modifications to the
standard lot size, and street frontage requirements of the R-4 zone. The applicant is also
requesting a modification to exceed the maximum block length of 1,000 feet. Other than these
requested dimensional standard modifications, the proposed development substantially
complies with all of the general standards of the Meridian Zoning Ordinance.
10. ANALYSIS
a. Analysis of Facts Leading to Staff Recommendation
1. AZ Application: Based on the policies and goals contained in the Comprehensive
plan and the general compliance of the proposed development with the Zoning
Ordinance, staff believes that this is a good location for the proposed single-family
residential subdivision. Please see Exhibit D for detailed analysis of the required facts
and findings.
The annexation legal description submitted with the application (stamped on August
15, 2005 by Timothy J. Fox, PLS) shows the property as contiguous to the existing
corporate boundary of the City of Meridian.
The applicant will be responsible for all costs associated with the sewer and water
service t::xtensiuIl. Any existing domestic wells and/or septic systems within this
project will have to be removed from their domestic service, per City Ordinance
Section 5-7-517, when services are available from the City of Meridian. Wells may be
used for non-domestic purposes such as landscape irrigation.
All future development of the subj ect property shall be constructed in accordance with
City of Meridian ordinances in effect at the time of development. All future uses shall
not involve uses, activities, processes, materials, equipment and conditions of
operation that will be detrimental to any persons, property or the general welfare by
reason of excessive production of traffic, noise, smoke, fumes, glare or odors.
Special Considerations:
Deve100ment Al2I'eement: MCC 11-16-4 provides the Planning & Zoning
Commission and City Council the authority to require a property owner to enter
into a Development Agreement with the City of Meridian that may require some
written commitment for all future uses. Statf believes that a Development
A2feement is necessaIY to ensure that this DroDertv is developed in a fashion that
Reflection Ridge Subdivision - AZ-OS-045, PP-OS-04R, r.t JP-O'i-046
PAGE 10
CITY OF MERIDIAN PLANNING DEPARTMENT STAff REPORT fOR THE HEARING DATE OF FERRIJ A RY 21, 2006
is consistent with the comorehensive ulan designation and does not negatively
imoact nearbv urooerties. Staff believes that the Development Agreement should
include the fol1owing provisions:
Phasing Plan: The applicant anticipates constructing the subdivision in four
phases. The phasing plan begins along Locust Grove Road and then north, south
and finally west. Construction is anticipated to reflect market demand and
construction needs. Staff believes that some of the amenities proposed with the
development should be constructed prior to the development build out.
Therefore, staff recommends that prior to the City Council's approval of the 200111
residential lot, the park area on Lot 1, Blut:k 11, shall be constructed.
Construction of the park shall include the proposed swinuning pool and
restrooms, the parking lot, and the tot lot.
Rwnule Lane: In order to facilitate a future public street extension to this
property from Meridian Road. staff recommends that the appl1cant quit using
Rumple Lane as access to the public roadway system (Rumple may he used as an
emergency access if approved by the Fire Department.) Any interest that the
subject properties have in Rumple Lane should be surrendered upon annexation.
Access to Arterials:
Except for one public street access to Locust Grove Road, all other vehicular
access to Locust CYTove Road should be prohibited for this site
Multi-use Pathwav: On the Comprehensive Plan Future Land Use Map, a multi-
use pathway is depicted on this property. The applicant is proposing to construct
the multi-use pathway on the south side of the Ridenbaugh Canal to the
northwest property line. Staff is generally supportive of the location of the
pathway. However, a portion of the pathway lies outside of the bOWldary of the
area being annexed and subdivided. Therefore, in case the applicant is unable to
come to an agreement with the owner where the pathway is proposed, staff
recommends that a development agreement provision be that the applicant agrees
to construct a multi-use pathway through this site from Locust Grove Road to the
northwest property line.
Prior to the annexation ordinance approval, a Development Agreement (DA)
shall be entered into between the City of Meridian, property owner (at the time of
annexation ordinance adoption), and the developer. The aoolicant shall contact
the Citv Attomev. Bill Nary. at 8884433 to initiate this process within 18
months of City COWlcil aooroval of the annexation request. The DA shall
incorporate the following:
· That all future uses shall not involve uses, activities, processes, materials,
equipment and conditions of operation that will be detrimental to any
persons, property or the general welfare by reason of excessive
production of traffic, noise, smoke, fumes, glare or odors.
· That all future development of the subj ect property shall be constructed
in accordance with City of Meridian ordinances in effect at the time of
development_
. That the applicant will be responsible for all costs associated with the
sewer and water service extension.
· That any existing domestic wells and/or septic systems within this
project will have to be removed from their domestic service, per City
Reflection Ridge Subdivision - AZ-05-045, PP-05-048, CUP-05-046
PAGE 11
CITY OF MERlDlAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 21, 200t>
Ordinance Section 5~7-517, when services are available from the City of
Meridian. Wells may be used for non~domestic purposes such as
landscape irrigation.
· That prior to issuance of any building permit, the subj ect property be
subdivided in accordance with the City of Meridian Unified
Development Code.
· That <my new structure(s) shall be generally compatible in appearance
and bulk with the submitted pictures/elevations.
· That prior to the City Council's approval of the 200th residential lot, the
park area on Lot 1, RIock 11, shall be constructed. Construction of the
park shall include the proposed swimming pool and restrooms, the
parking lot, and the tot lot.
· That, except for emergency access as required by the Fire Department,
the applicant agrees to relinquish any interest this property may have in
Rumple Lane.
· That one public street access will he allowed to Locust Grove Road;
direct lot access to Locust Grove Road shall be prohibited.
· That the applicant agrees to construct a multi-use pathway through this
site from Locust Grove Road to the northwest comer ofthe property.
2. PP Application: The proposed preliminary plat substantially complies with the
Zoning Ordinance.
Special Considerations:
Detached Sidewalks: The applicant is proposing to construct 5-foot wide
detached sidewalks on the internal streets. The sidewalks are detached from the
curb with an 8.foot wide landscape strip. In accordance with the recently passed
ACHD planter width standards, the width of the planter strip should be
constructed as proposed and include Class IT trees. See Exhibit B below.
Ditches. Laterals. and Canals: The Ridenbaugh. Canal runs along the site's
northern boundary. The Farr Lateral runs along the sitc's south boundary. There
are other irrigation/drainage laterals that bisect this parcel. The City has
historically not required the Ridenbaugh. Canal to be piped (it would take a large
diameter pipe.) Per MCC 12-4*13, all irrigation ditches, laterals or canals,
exclusive of natural waterways, intersecting, crossing or lying adjacent and
contiguous to the area being subdivided should be tiled. Staff I-euJIxunends that
exclusive of the Ridenbaugh Canal, all irrigation ditches, laterals and canals be
tiled. See Exhibit B below.
Pressure Irrigation: The City of Meridian requires that pressurized irrigation
systems be supplied by a year-round source of water (MCC 12-13-8.3). The
applicant should be required to utilize any existing surface or well water for the
primary source. If a surface or well source is not available, a single-point
connection to the culinary water system shall be required. If a single-point
connection is used, the developer will be responsible for the payment of
assessments for the common areas prior to signature on the final plat by the City
Engineer. An underground, pressurized irrigation system should be installed to
all landscape areas per the approved specifications and in accordance with MCC
12-13-8 and MCC 9-1.28. See Site Exhibit B below.
Reflection Ridge Subdivision - AZ~05~045, PP-05-048. CUP-05-046
PAGE 1)
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 21, 2006
Fencin~: The applicant is proposing to construct three types of fencing within the
development: 5-foot tall tan vinyl fence, 4.foot tall tan vinyl fence, and a 4-fuut
taIl black wrought iron fence. The applicant is not proposing to construct
permanent fencing around the entire perimeter of the site. Perimeter fencing is
proposed around the perimeter, except for adjacent to Parcel No. SI130212407
(northwest.) Due to safety concerns, staff recommends that fencing adjacent to:
Lots 23, Blol;k 14; Lot 1, Block 11; Lot 8, Block 14; Lot 1, Block 18; Lot 13,
Block 8; and all fencing adjacent to micropatbs be restricted to either a 4-foot tall
solid fence or a 6-foot tall open-vision fence. Further, an open-vision fence (or a
4-foot tall closed fence) should be required along the north side of the buildable
lots that are adjacent to the multi-use pathway near the Ridenbaugh Canal. A
detailed fencing plan should be submitted upon application of the fmal plat
(MCC 12-4-1O.F.3). If pennanent fencing is not provided prior to issuance of
building pennit!:, temporary cOl1stmction fencing to contain debris must bc
installed around the perimeter. All fencing should be installed in accordance with
City Code. See Exhibit B below.
Existing ResidencesfBuildings: The site currently contains multiple buildings.
Because the existing structures span across proposed lot lines, all buildings shall
be removed or relocated prior to signature of the final plat by the City Engineer.
See Exhibit B below.
Multi-use Pathway: The applicant is proposing to construct the multi-use
pathway that is depicted on the Future Land Use Map along the south side of the
Ridenbaugh Canal. The applicant is proposing to construct the pathway 1 O~feet
wide along the entire length of the property. Staff is supportive of the proposal to
construct the multi-use pathway as depicted. However, staff has concerns with
fencing and landscaping adjacent to the pathway. City Code 12-13-12-9 requires
a 5-foot wide landscape buffer along the pathway. The submitted landscape plan
depicts a fence directly adjacent to the south side of the pathway; no landscaping
is proposed. Staff reconunends that the applicant be required to construct a 5-foot
wide landscape buffer along the south side of the multi.use pathway and fencing
on the south side of the landscaping (north side of the buildable lots.) See
Fencing above and Exhibit B below.
Microoaths: The applicant is proposing to construct several micropaths with this
plat. Staff is generally supportive of the pedestrian cOlUlections between the
different subdivision blocks. All micropaths shall be constructed at least 5 feet
wide, with 5 feet of landscaping on each side of the path (MCC 12-13-15.3). See
Exhibit B below.
Common Areas: Maintenance of all common areas shall be the responsibility of
the Reflection Ridge HOIDe Owners' Association.
3. CUP Application: The submitted CUP substantially complies with the Zoning
Ordinance. Staff is generally supportive of the proposed CUP/PD application, as it
generally confonns to Titles 11 and 12, Meridian City Code.
Special Considerations:
Requested Modifications: The applicant is requesting reductions to the standard
Reflection Ridge Subdivision - A7.-0'i-045, PP-05.048, CUP.05-046
PAGE 13
CITY OF MERIDIAN PLANNING DI:IPARTMENT STAFF REPORT FOR THE HEARING DA TE OF FEBRuARY 21, 2006
lot size, front building setback and street frontage requirements ofthe R-4 zone.
The applicant is also requesting to exceed the maximwn block length of 1,000
feet in 2 hlocks (Block 8, and Block 18). Due to existing topography to the south,
staff is supportive of the proposed block length in Block 18. Due to the lack of a
stub street being provided to this site from the north in Sicily Subdivision, staff is
supportive of the proposed block length modification in Block 8. See Exhibit B.
One~hundred-three of the proposed 255 lots (40%) are below the 8,000 square-
foot minimum lot size of the R-4 zone. One-hundred-fifty-two (60%) of the
proposed lots are at or exceed the minimum lot size of the R-4 zone. Nineteen of
the alley-loaded lots in Block 4 are requested to have a 10-foot front setback to
the liveable area (15 feet required by ordinance). Ninety-six of the 255 proposed
buildable lots (38%) do not meet the minimum street fruntage requirement of the
R-4 zone (80-feet). Staff is sUDportive of the reQuested modificgtio:ns as they
allow for diversity in lot and block size. See Exhibit B below.
Amenities: The applicant proposes usable open space in excess of 17 percent of
the site, a swimming pool. a clubhouse with changing room~ and re~trooms, a
half basketball court, a sand volleyball court, two tot lots, gazebos, picnic tables,
benches, ornamental entrance street lights, micropaths, a regional pathway along
the Ridenbaugh Canal, and a landscaped entrance boulevard corridor with street
trees, and other amenities. Staff is supportive of the proposed amenities. See
Exhibit B below.
Elevations: The applicant has submitted sample pictures of how the alley-loaded
and classic houses wi1l100k. Staff is supportive of the buildings. Each house
shall be constructed in substantial compliance with the picIDres submitted with
the CUP application. See Exhibit B below.
b. Staff Recommendation: Staff recommends aooroval ofthe subiect aoplications AZ-05-
045. PP-05-048. and CUP.05-046. with the conditions listed in Exhibit B of the StaffRevort
for the hearing: date of January 5. 2006.
At the public hearing the applicant should be pre-pared to !live an uodate on any challlze to the
Dathway's location that may be reQuired bv NMID.
11. EXHIBITS
A. Drawings
1. Preliminary Plat (dated: 09/12/05, received by the City Clerk's Office on December
16,2005)
2. CUP Site Plan (dated: 01/05/06)
3. Landscape Plan (dated: 08/15/05)
B. Conditions of Approval
1. Planning Department
2. Public Works Department
3. Fire Department
4. Police Department
Reflection Ridie Subdivision - AZ-05-04S, PP-OS-048, CUP-05-046
PAGE 14
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 71, 2006
5. Parks Department
6. Sanitary Service Company
7. Ada County Highway District
8. Nampa & Meridian hrigation District
9. Central District Health Department
C. Legal Description
D. Required Findings from Zoning Ordinance
Reflection Ridge Subdivision - AZ-OS-045, PP-OS-048. CUP-05-046
PAGE 15
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING OA TF OF FEBRtJARY 21,2006
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CITY OF MF.RIOJAN PlANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 21. 2006
B. Conditions of Approval
1. Planning Department
1.1 SITE SPECIFIC REQUIREMENTS--PRELlMINARY PLAT (PP-05-048)
1.1.1 The preliminary plat labeled as PP-l, PP-2, PP-3, and PP-4, prepared by The Land Group, Inc.,
dated September 12, 2005, and date stamned bv the City Clerk on December 16. 2005 is
approved, with the conditions listed herein. All comments and conditions of the accompanying
Annexation and Zoning (AZ-05-045) and Conditional Use Permit (CUP-05-046) application shall
also be considered conditions ofthe Preliminary Plat (pP-05-048).
1.1.2 The planter strip between the curb and the near edge of the sidewalk along all the internal streets
with detached sidewalks shall be a minimum of 8-feet wide and include Class II trees.
1.1.3 All irrigation ditches, laterals or canals, exclusive of natural waterways and the Ridenbaugh
Canal, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall
be tiled per MCC 12-4-13, unless otherwise approved by the City and the Irrigation District(s).
Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users
association (ditch owners), with written approval or non-approval submitted to the Public Works
Department. If lateral users association approval can not be obtained, altemate plans will be
reviewed and approved by the City Engineer prior to final plat signature.
1.1.4 Underground vear-round pressurized irrigation must be provided to all lots within this
development. The City of Meridian requires that pressurized irrigation systems be supplied by a
year.round source of water. The applicant shall be required to utilize any existing surface or well
water for the primary source. If a surface or well source is not available, a single-point
cOlUlection to the culinary water system shaH be required. If a single-point connection is used, the
developer shall be responsible for the payment of assessments for the common areas prior to
signature on the fmal plat by the City Engineer.
1.1.5 Construct perimeter fencing around the perimeter of the site, as proposed on the submitted
landscape plan (fencing adjacent to Parcel No. S1130212407 (northweRt) iR not required_) Any
fencing adjacent to common Lot 23, Block 14; Lot 1, Block 11; Lot 8, Block 14; Lot 1, Block 18;
Lot 13, Block 8; and all fencing adjacent to micropaths shall be restricted to either a maximum 4-
foot tall solid fence or a maximum 6-foot tall open-vision fence. Further, an open-vision fence (or
a maximum 4-foot tall closed fence) shall be required along the north side of the buildable lots
that are adjacent to the multi.use pathway near the Ridenbaugh Canal. A detailed fencing plan
shall be submitted upon application ofthe final plat (MCC 124-10.F.3). If permanent fencing is
not provided around the entire perimeter prior to issuance of a building pennit, temporary
construction fencing to contain debris must be installed. All fencing should be installed in
accordance with City Code.
1.1.6 Prior to signature of the final plat by the City Engineer, all buildings that span across proposed lot
lines and/or do not meet the setback requirements of the zone and/or are not principally pennitted
buildings shall be removed.
1.1.7 Construct a lO-foot wide multi-use pathway along the south side of the Ridenbaugh Canal. The
applicant shall work with the City Parks Department to acquire the necessary approvals through
the City's Master Pathway Agreement with the Nampa Meridian hrigation District (NMID), if
the pathway is located within NMID's easement. The easement for the Ridenbaugh Canal and
pathway shall not be included within the area of any adjacent buildable lot. The applicant shall
Exbibit B Page 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 21, 2006
conform to the Parks Department's standards for construction of the pathway. In accordance with
MCC 12-13-12-9, a 5-foot wide landscape buffer shall be constructed on the south side of the
pathway. Construct fencing, in acem-dance with Condition 1.1.5 above, on the south side of the
multi-use pathway. All landscaping adjacent to the pathway must be maintained by the Home
Owners' Association.
1.1.8 All micropaths shall be constructed at least 5 feet wide, with 5 feet of landscaping on each side of
the path (MCC 12-13-15-3.)
1.1.9 The proposed alleys in Block 4 shall be private streets to be constructed to AClID's public street
standards, contain a minimum driving surface of at least 24 feet, have 28-foot (inside) and 48-foot
(outside) turning radii where the alleys intersect the public streets, and be located in common lots
Addressing for the lots adjacent to the private streets with no public street frontage shall be from
the private street. Street signs shall be installed by the applicant on the private streets with street
name approval by the Street Naming Committee.
1.1.10 Maintenance of all common areas, including the private streets (alleys), shall be the responsibility
of the Reflection Ridge Homeowners' Association.
1.1.11 Other than the public street access approved by ACHD, direct lot access to Locust Grove Road is
prohibited.
1.1.12 The submitted eight-page landscape plan prepared by The Land Group, me., dated 8-15.05 is
approved as submitted, with the following modifications:
· Construct a 25-foot wide landscape buffer along Locust Grove Road, as proposed. In accordance
with MCC 12-13-10, install at least one tree within said buffer for every 35 feet of frontage un the
Locust Grove Road right-of-way.
· The applicant shall work with the City Arborist, Elroy Huff, on designing, adopting, and
implementing a protection and mitigation plan for the existing trees on site.
· All micropaths within the proposed subdivision shall be designed in accordance with MCC 12-
13-15 "Micropath Landscaping" and MCC 12-4-3 "Pedestrian Walkways."
· Construct a 5-foot wide landscape buffer on the south side of the multi-use pathway. Materials in
said buffer shall be consistent with MCC 12-13-12~9.
· All areas approved as open space shall be free of wet ponds or other such nuisances. All
stormwater detention facilities incorporated into the approved open space are subject to MCC 12-
13-14 and shall be fully vegetated with grass and trees. Sand, gravel or other non.vegetated
surface materials shall not be used in open space lots, except as pennitted under MCC 12-13.14.
If the stonnwater detention facility cannot be incorporated into the approved open space and still
meet the standards of MCC 12-13-14, then the applicant shall relocate the facility. This may
require losing a developable lot or developable area. It is the responsibility of the
developer to comply with ACHD, City of Meridian and all other regulatory requirements at the
time of fmal construction.
· Only Class II tress shall be allowed within the planter StriplS between the sidewalk anu the cmb
along the internal streets with detached sidewalks.
Where the applicant has submitted a preliminary landscape plan and where Council has reviewed
such plan, the landscaping shall be consistent with the preliminary plan with modifications as
proposed by Council. Thc proceeding modifications and notes should be shown on a revised
landscape plan submitted with the [mal plat application.
Exhibit .B Page 2
CITY OF MERlDlAN PLANNING DEPARTMENT STAFF REPORT FOR THB HEARING DATE OF l'EBRUARY 21, 2006
1.2 GENERAL REQUIREMENTS-PRELIMINARY PLAT (pP-05-048)
1.2.1 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision
pW'suant to MCC 12-13-10~8.
1.2.2 A detailed landscape plan, in compliance with the landscape and subdivision ordinance and as
noted in this report, shall be submitted for the subdivision with the final plat application.
1.2.3 Coordinate fire hydrant placement with the City of Meridian Public Works Department.
1.2.4 Council's failure to cite specific ordinance provisions or terms of the approved annexation and
conditional use does not relieve the applicant ofrespoosibility for compliance.
1.2.5 Preliminary plat approval shall be subject to the expiration provisions set forth in MCC 12-2-4.
1.3 SITE SPECIFIC REQUIREMENTS-CONDITIONAL USE PERMIT (CUP-OS-046)
1.3.1 The site plan prepared by The Land Group, Inc., dated January 5, 2006, is approved, with the
conditions listed herein. Applicant shall meet all of the requirements of the Annexation and
Zoning (AZ.05-045) and Preliminary Plat (pP-05-048) as a condition of the Conditional Use
Permit (CUP-OS-046).
1.3.2 The project shall conform to the R-4 dimensional standards. except as follows:
.
Lot Size -
6,250 sq. ft.(minimum)
. Lot Frontage - 47 feet (minimum)(on straight-away)
35 feet (minllnum)(chord length on a cul~de~sac or curve)
. Residential Building Setbacks - The following lots may have a la-foot front setback:
Lots 2-5,7-11, 13-17. and 19-22, Block 4.
1.3.3 Blocks 8 and 18 may exceed the maximum block length of 1,000 feet.
1.3.4 As amenities for the subject planned development, construct: a 10-foot wide aspn:'llt pathway
from Locust Grove Road to the west property line; set aside usable open space in excess of 17
percent of the site, a swimming pool, a clubhouse with changing rooms and restrooms, a half
basketball court, a sand volleyball court, twu tot luts, gazebos, picnic tables, benches, ornamental
entrance street lights, micropaths, and a landscaped entrance boulevard corridor with street trees.
1.3.5 Construction within Reflection Ridge Subdivision shall substantially comply with the
pictures/elevations submitted by the applicant. Constnlction materials used on the structures shall
be approved by the City of Meridian Building Department and in accordance with the most recent
Building Code.
2 Meridian Public Works Department
2.1 Site Specific Conditions and Comments
2.1.1 Any existing domestic well and/or septic systems within this project shall be removed. from
domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-
Exhibit B Page 3
CITY OF MERIDIAN PLANNING DEPARTMENT ST AFF REPORT FOR THE HEARING DATE OF FilllKUARY 21, 2006
domestic purposes such as landscape irrigation with approval for Idaho Department of Water
Resources.
2.1.2 Sewer to this site is being proposed via extensions of mains located in Locust Grove Road. At
this time these mains are approximately 1.200 feet from the subject property, however nearby
developments should have them adjacent to this site in the near future. The applicant shall be
responsible to install mains to and through this property, coordinate mains size and routing with
the Public Wades Department. City of Meridian standard forms of easements are required for any
mains that are required to provide service. -
2.1.3 The applicant shall be responsible to install a temporary off-peak pumping station in a location
designated by the Public Works Department. The station design and capacity shall be
coordinated with the Public Works Department, the design shall include communication
capabilities that are consistent with the City of Meridian's SCADA system. If new information
arises from ongoing modeling exercises or other subsequent sources, then this condition may be
rescinded by the City Engineer.
2.1.4 Water service to this site is being proposed via extensions of mains located in Locust Grove
Road. At this time these mains are approximately 1,200 feet from the subject property, however
nearby developments should have them adjill,;ent to this site in the near futUre. The applicant shall
be responsible to install mains to and through this property, coordinate mains size and routing
with the Public Works Department. City of Meridian standard forms of easements are required
for any mains that are required to provide service.
2.1.5 Due to elevation changes on this site, a new pressure zone is being planned for this area. The
new zone would split this property at a 4S degree angle approximately 600 feet southwest of the
Ridenbaugh Canal. The northeastern portion of this development is serviceable by the existing
pressure zone; however the remainder of the property cannot be served by municipal water until
two sources for the new zone are established.
The first source would be from a well lot which the developer would donate to the City of
Meridian, the second source would be a booster station whieh would be installed at the
applicant's expense. The applicant shall coordinate with Len Grady at the Public Works
Department regarding this condition and he may waive the requirement for one of the two
sources.
2.1.6 The applicant shall be responsible for the installation of any Pressure Reducing Vault's that are
necessary to create the new pressure boundary. Each Pressure Reducing VauIt shall be designed
to include communication capabilities that are consistent with the City of Meridian's SCADA
system. Coordinate location and number with Len Grady at the Public Works Department.
2.1.7 Please submit updated groundwatt:r data for review by the Public Works Department.
2.1.8 The proposed landscape bulb in W. Wrightwood Drive near the intersection at Locust Grove
Road needs to be labeled with a lot and block number, with maintenance and ownership called
out in the plat notes.
2.1.9 Revise note 3 to read, "Each side of common side lot lines. . ..."
2.1.10 Revise note 4 to dedicate a 10-foot public utilities, drainage and irrigation easement along rear lot
lines.
Exhibit B Page 4
ClTY OF MERIDIAN PLANNING DEpARTMENT STAFF REPORT fOR THE HEARINO DATE OF FEBRUARY 21, 2006
2.1.11 Due to existing topography, applicant shall submit a Master Grading and Drainage plan as part of
the development plans and he reviewed and approved at that time. The Master Grading and
Drainage plan shall design the lots to drain in a way that minimizes the effect of runoff to existing
neighbors and the newly platted lots. The plan shall include at a minimum the following:
a. Finish grade elevation at each lot comer.
b. Drainage flow patterns on all lots.
c. If structural fill is to be placed on any lot, material specifications and compaction
requirements shall be detailed.
2.1.12 Meridian City Code 12~5-2-N requires that any new development shall provide pressurized
irrigation. The applicant has indicated that Nampa and Meridian Irrigation District is going to
own and operate the pressurized irrigation system in this development. Evidence of a license
agreement shall be provided prior Lu scheduling of a pre-construction meeting, with a signed
license agreement prior to signature on the final plat.
2.1.13 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water. If a creek or well source is not available, a single-point connection to the
municipal water system shall be required. If a single-point connection is used, the developer shall
be responsible for the payment of assessments for the common areas prior to signature on the
[mal plat.
2.1.14 No large landscaping shall be allowed within 5 feet of a meter tile, per City of Meridian Standard
Specification 7.07(w) note 3.
2.1.15 Street signs are to be in place, water system shall be approved and activated, fencing shall be
installed, drainage lots constructed, and the Final Plat for this subdivision shall be recorded, prior
to applying for building permits.
2.1.16 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted
fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to
signature on the final plat.
2.1.17 All development improvements, including but not limited to sewer, fencing, micro-paths,
pressurized irrigation and landscaping shall be installed and approved prior to obtaining
certificates of occupancy.
2.1.18 Applicant shall be required to pay Public Works development plan review, and construction
inspection fees, as determined during the plan review process., prior to signature on the final plat
per Resolution 02-374.
2.1.19 It shall he the responsibility of the applicant to ensure that all development features comply with
the Americans with Disabilities Act and the Fair Housing Act.
2.1.20 Applicant shall be responsible for application and compliance with and NPDES Pennitting that
may be required by the Environmental Protection Agency.
2.1.21 Applicant shall be responsible for application and compliance with any Section 404 Pennitting
that may be required by the Army Corps of Engineers.
Exhibit B Page 5
C1TYOF MERIDlANPLANNING DEPARTMENT STAFF REPORT FOR THE HEARfNG DATE OF FEBRUARY 21, 2006
2.1.22 All grading of the site shall be performed in conformance with MCC 11-12-3H.
2.1.23 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.
2.1.24 The engineer shall be required to certify that the street centerline elevations are set a minimum of
3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom
elevation of 011: crawl spaces of homes is at least I-foot above.
3. Meridian Fire Department
3.1 One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for
duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 500'
apart. International Fire Code Appendix C.
3.2 Acceptance of the water supply for rrre protection will be by the Meridian Fire Department and
water quality by the Meridian Water Department for bacteria testing.
3.3 Final Approval ofthe fIre hydrant locations shall be by the Meridian Fire Department.
a. Fire Hydrants shall have the 4 'lS" outlet face the main street or parking lot aisle_
b. The Fire hydrant shall not face a street which does not have addresses on it.
c. Fire hydrant markers shall be provided per Public Works spec.
d. Locations with fire hydr-allts shall have the curb painted red 10' to each side of the
hydrant location.
e. Fire Hydrants shall be placed on comers when spacing permit~-
f. Fire hydrants shall not have any vertical obstructions to outlets within 10'.
g. Fire hydrants shall be place 18" above finish grade.
h. Fire hydrants shall be provided to meet the requirements of the lFC Section 509.5.
3.4 The phasing plan may require that any roadway greater than 150' in length that is not provided
with an outlet shall be required to have an approved turn around.
3.5 All entrance and internal roads shall have a turning radius of28' inside and 48' outside radius.
3.6 Provide at least a 20' wide Fire Lane for all internal roadways all roadways shall be marked in
accordance with Appendix D Section Dl 03.6 Signs.
3.7 Operational fIre hydrants, temporary or permanent street signs and access roads with an all
weather surface are required before combustible construction is brought on site.
3.8 To increase emergency access to the site a minimwn of two points of access will be required for
anv portion of the Droiect. which serves more than 50 homes. The two entrances should be
separated by no less than Y2 the diagonal measurement of the full development.
3_9 Building setbacks shall be per the International Building Code for one and two slury construction.
3.10 The roadways shall be built to Ada County Highway Standards cross section requirements and
shall have a clear driving surface, available at all times, which is 20' wide. Streets with less than
a 29' street width shall have no parking. Streets with less than 33' shall have parking only on one
side. These measurements shall be bal:ioo un the face of curb dimension.
Exhibit B Page 6
CITY OF MERIDIAN PLANN !NG DEPARTMENT ~T AFF REPORT FOR THE HEARING DATE Of' FEBRUARY 21, 2006
3.11 The proposed 255-10t subdivision with an estimated 2.9 residents per household would have a
total estimated population of 740 residents at build out.
3.12 The fIre department requests that any future signalization installed as the result of the
development of this project be equipped with Opticom Sensors to ensure a safe and efficient
response by frre and emergency medical service vehicles. This cost of this installation is to be
borne by the developer.
3.13 The homes with only frontage on the private streets (aUeys) shan be addressed from the adjacent
private street (alley).
3.14 All portions of the buildings located on this project must be within 150' of a paved surface as
measured around the perimeter of the building.
3.15 Where a portion of the facility or building hereafter constructed or moved into or within the
jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as
measured by an approved route around the exterior of the facility or building, on-site fire hydrants
and mains shall be provided where required by the code official. For buildings equipped throughout
with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or
903.3.1.2 the distance requirement shall be 600 feet (183).
For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183
m).
For buildings equipped throughout with an approved automatic sprinkler system installed in
accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet
(183 m).
3.16 This project will be required to provide a 20' wide swing or rolling emergency access gate at the
western emergency aCC\Jl:ll:\ point. The gate shall be equipped with a Knoxbox Padlock which has to
be ordered tlnu the Meridian Fire Department.
3.17 Private Streets (alleys) that serve mews shall be constructed at least 24-feet wide.
3.18 Puo1 chemicals shall be stored in compliance with the International Fire Code.
4. Meridian Police Department
4.1 The proposed development and/or plat do not offer natural surveillance opportunities of the
public area between Lots 24 and 25, Block 6. Prior to the next public hearing, the applicant shall
submit a revised plat/plan that increases visibility by incorporating Lot 25 into Lot 15.
4.2 The prnposed plat and/or site design encourages high~speed, cut-through traffic. The applicant
shall work with the Ada County Highway District to provide traffic calming design to decrease
travel speeds on Reflection Ridge Drive, Luminous Way, and Radiant Ridge Drive.
4.3 Any interior fencing shall allow visibility from the street or shall not exceed four feet in height if
solid fencing is used.
5. Meridian Parks Department
5.1 Standard for Mitigation of trees: The standard established in the City of Meridian Landscape
Ordinance (MCC 12-13.13-6) will be followed.
Exhibit B Page 7
ClTY Of MERiDiAN PLANNING nFP ARTMENT STAFF REPORT FOR THE HEARING DATE' OF FbBRUAR Y 21, 2006
5.2 Standard Plan for Protection of Existing Trees dming Construction: The standard established in
the City of Meridian Landscape Ordinance (MCC 12.13.13) will be followed.
5.3 The Parks Department is supportive of a future City Park just south of the subject site. However,
there appears to be an access issue with the future location.
6. Sanitary Service Company
6.1 SSC has no comments related to this application.
7. Ada COWlty Highway District
Site Specific Conditions of Approval
7.1 Construct the main entrance to the subdivision (West Wrightwood Drive) tu directly align
(centerline to centerline) with the roadway to Bellingham Subdivision.
7.2 Construct the internal streets as 36-foot street sections with vertical curb, gutter and a 5-foot
concrete sidewalk that is detached from the curb with an 8-foot wide landscape planter within 62-
feet of right-of-way, as proposed.
7.3 Construct two 24-foot wide private alleys that connect West Wrightwood Drive and Luminous
Way
OR
Construct two 16 to 20-foot wide public alleys that connect West Wrightwood Drive and
Luminous Way. An access to an alley shall be located a minimum of 25.feet from the nearest
public street.
7.4 Construct a stub street (Northern Lights Avenue) to the south property line approximately 1,380-
feet east of the west property lint:, as proposed. Construct a temporary turnaround at the terminus
of the roadway. Pipe the Fan- Lateral in order to stub to the south property line. Install a sign at
the tenninus of the roadway that states, "This road will be extended in the future."
7.5 Construct a stub street to the south property line approximately 1, 750~feet west ofthe east
property line, as proposed. Install a sign at the terminus of the roadway that states, "This road
will be extended in the future."
7.6 Construct a stub street to the west property line approximately 645-feet south of the north
property line, as proposed. hlstaU a sign at the terminus of the roadway that states, "This road
will be extended in the future."
7.7 Construct a stub street to the north property line approximately 1,IOO-feet west of the east
property line, as proposed. Provide the District with the cost of half of the bridge necessary to
cross the Ridenbaugh Canal. Install a sign at the tenninus of the roadway that states, "This road
will be extended in the future."
7.8 Construct a stub street to the north property line approximately 92-fet:t east of the west property
line. Construct a temporary turnaround at the terminus of the roadway. .*. The applicant may
need to shift this roadway slightly to successfully locate the roadway in a location that will extend
Rumple Lane into the site via Caven's property. Install a sign at the tenninus of the roadway that
states, "This road will be extended in the future."
Exhibit n Page 8
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 21,2006
7.9 Construct a stub street to the south property line approximately 51 O~feet west of Locust Grove
Road to serve the 4.88-acre site located directly to the south ofthis site, as proposed. Install a
sign at the tenninus of the roadway that states, "TIus road will be extended in the future."
7.10 Construct a roundabout at the intersection of Reflection Ridge Drive and West Wrightwood Drive
as well as Reflection Ridge Drive and Northern Lights Avenue, as proposed. Design the
roundabout with 21-foot street sections on either side of the center island with splitter islands.
Dedicate sufficient right-of-way on either side of an island. Place a note on the final plat
requiring Lot 1 Block 4 to access the adjacent alley, Lot 1 Block 12 to access Reflection Ridge
Drive, Lot 10 Block 17 to access Northern Lights Avenue, Lots 15 Block 19 to access Reflection
Ridge Drive and Lot 2 Block 21 to access Reflection Ridge Drive. Coordinate the size and
design of the roundabout with traffic services Council.
7.11 Construct four cul-de-sac tumarounds without center islands within the subdivision, as proposed.
Construct the turnarounds to provide a minimum turning radius of 45-fcel.
7.12 Construct two knuckles without center islands within the subdivision. as proposed.
7.13 Construct a center island within West Wrightwood Drive. Construct the island to be a minimum
of 4-feet wide with a minimum area of tOO-square feet while maintaining a minimum of a 21-foot
street section on either side of the island.
7.14 Construct bulb.outs at:
. The Luminous Way and Reflection Ridge Drive intersection
. The Luminous Way and Shimmering Street intersection
. The Twilight Ridge Drive and Memory Ridge Way intersection, as proposed.
Reconfigure the bulb-outs that are proposed at the intersections of Solemn Lights Drive and
Shimmering Street and Reflection Ridge Drive and Memory Ridge Way to allow for driveways to
be constructed to all of the surrounding residential lots.
7.15 Constmct a left hand turn lane on Locust Grove Road at the intersection of West Wrightwood
Drive.
7.16 Construct a right hand turn lane on Locust Grove Road at the intersection of West Wrightwood
Drive.
7.17 Other than the public roadway that has been approved with this application (West Wrightwood
Drive), direct lot access to Locust Grove Road is prohibited. A note stating the accesS restrictions
will be required on the [mal plat.
7.18 Comply with all Standard Conditions of Approval.
Standard Conditions of Approval
7.2.1 Any existing inigation facilities shall be relocated outside of the right-of-way.
7.2.2 Private sewer or water systems are prohibited from being located within any ACHD roadway or
right-of-way.
Exhihit R Page 9
CITY OF MERlo[AN PLANNiNG DEPARTMENT STAFF REPORT FOR THE ImARING DATE OF fEflRUAKY 21,2006
7.2.3 AU utility relocation costs associated with improving street frontages abutting the site shall be
borne by the developer.
7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the
construction of the proposed development. Contact Constnlction Services at 387-6280 (with file
number) for details.
7.2.5 Comply with the Distril;l's Tree Planter Width Interim Policy.
7.2.6 Utility street cuts in pavement less than five years old are not allowed unless approveu in writing
by the District. Contact the District's Utility Coordinator at 387w6258 (with file munbers) for
details.
7.2.7 All design and construction shall be in accordance with the Ada County Highway District Policy
Manual, ISPWC Standards and approved supplements, Construction St::rvices procedures and all
applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the
State ofIdaho shall prepare and certify all improvement plans.
7.2.8 The applicant shall submit revised plans for Council approval, prior to issuance of building
permit (or other required pennits), which incorporates any required design changes.
7.2.9 Construction, use and property development shall be in conformance with all applicable
requirements of the Ada County Highway District prior to District approval for occupancy.
7.2.10 Payment of applicable road impact fees are required prior to building construction in accordance
with Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance.
7.2.11 It is the responsibility ofthe applicant to verify all existing utilities within the rightwof-way. The
applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The
applicant shall be required to call DIOLINE (1-800-342-1585) at least two full business days
prior to breaking groWld within AClID rightwof-way. The applicant shall contact ACHD Traffic
Operations 387w6190 in the event any ACIID conduits (spare or filled) are compromised during
any phase of construction.
7.2.12 No change in the terms and conditions of this approval shall be valid unless they are in writing
and signed by the applicant or the applicant's authorized representative and an authorized
representative of the AdA County Highway District. The burden shall be upon the applicant to
obtain written confIrmation of any change from the Ada County Highway District.
7.2.13 Any change by the applicant in the planned use of the property which is the subject of this
application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or
other regulatory and legal restrictions in force at the time the applicant or its successors ill interest
advises the Highway District of its intent to change the planned use ofthe subject property unless
a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect
at the time the change in use is sought.
8. Nampa & Meridian Irrigation District
8.1 Nampa Meridian hrigation District requires that a Land Use Change Application be filed, for
review, prior to ftnal platting. Please contact Donna Moore at 466w7861 for further information.
Exhibit B Page 10
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF t'EBRUARY 21, 2006
8.2 A11laterals and waste ways must be protected. The District's Ridenbaugh Canal courses along the
North boundary of this proposed project This easement must be protected and any encroachment
without a signed License Agreement and approved plan, before any construction is started, is
unacceptable.
8.3 All municipal surface drainage must be retained on site. If any municipal surface drainage leaves
the site, the Nampa Meridian Irrigation District must review drainage plans.
8.4 The developer must comply with Idaho Code 31-3805.
8.5 It is recommended that irrigation water be made available to all developments within the Nampa
Meridian Irrigation District.
9. Central District Health Department
9.1 After written approval from appropriate entities are submitted, we can approve this proposal for
central sewage and central water.
9.2 The following plans must be submitted to and approved by the Idaho Department of Health &
Welfare, Division of Environmental Quality: central sewage and central water.
9.3 Run-off is not to create a mosquito breeding problem.
9.4 It is recommended that storm water be pre-treated prior to discharge to the subsurface to prevent
impact to ground water and surface water quality. The engineers and architects involved with the
design oHhis project should obtain current best management practices for storm water disposal
and design a storm water management system that is preventing groundwater and surface water
degradation.
Exhibit B Page II
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 21., 2006
C. Legal Description
FOX Land SUnteys, Inc.
........ ...... .....1814.......... A .,. 4 _ MI. nu &.. 1_-7437 FAX,
REFL.EC11ON RIDGE ANNIEXATION DESCRfP110N
A PORTION OF SEcnoN 30. TCIIIIllNsl.3 NoRm. RNtGE 1 EAsT. 80IsE MER~
ADA CournY. IDNto .
A portign of Section JO, Tawnsnip 3 North, Range 1 East. BoiBe Meridian, Ada County,
Ideho, more particu8fy desClI ib..i 88 follow&;
eo.'~lMcina at the C8fWor % Comer Uf said 5ection 30, the TRUE POINT OF
8fJG1NN1NG;
thenc::e along the Nofth..SouIh CenW of Section Line, North 00"08'02'" West. a dtstanoe of
,1113.93 feet to U1e beginning of a nan-tangent a.rv& to the right crt the center1lne Of the
Ridefmaugh eenal;
~ BIong said cenI8rIine the foIlc1wing CGUnl8S anct di8bInc::es:
8Jong said non-Ianged curve tolhe right ~ a ~ of 162.90 feet. B ndusof251. 76
.... · ~ CIf1gIe 01 3404T.... tar1gerWS Of 78.89 feet. and a long d'1ord Which b$ara
SouIh 42-21. EII8l, a dist8noe of 180.561'8et
SouIh 24"51"13" East. II dietance d 378.12 feet to the begiming gf e ane to tI"Ie left;
along 88id curve to the left hawir1I a I8ngth of 115.22 feet, a I'8diuB cl315.oo feet. a canlral
engte of 2O"'S7'W, ..... 01 58.26 feet. and II long chord which beer$ South SS02S'58"
East, . Clt&t8ra of 114.58 feet;
SOuIl'I 45.54'42" East. a cIsta1ce m 808.09 feet to a point on 1he East~W&St: Center of
Section fine of Sediori 30;
thence along said EesI-We&t Center d SacIion Line, SouIh "43'54" Weal, 8 distance of
71.43 feet mare or 18eB, to the South aide of the RlctenI:I8ugh C8nBI, . celled for in Quit
ClaIm Deed Instn.Inent N.... 102158440;
thence aIang said SalAh side the fallowing COUI'SM 8nd dietor ION:
South 4r50'~ Ea&t, a diII8nCe 011032.09 feel more or tee&, to the beginning of Ii curve
to the left:
&long II8id ClJN8 to the 18ft ~ e length of 279.14 f8BI more 01" Ie&s. III radius of 800.00
fellt, a c:entrat angle fi 19'"59'31 . twJgent& Gf 141.00 feet more or less. end along chord
which bea1J South 55"'50'31" East, a ditItanoe of 277.72 feat men or tes&;
South 65"60'16" East. III di8tance of 417.14 f88t more or.... to begimngofa cuveto the
left;
along saki CUMa to the left ~ 81englh of 282.05 feet more or less. . radius of 300.00
feet. a centrBllI1gIe d 53-&2'04 . BIQents of 152.42 feet mare CII' Ie-. ... III king man1
Exhibit C Page 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF RIWORT FOR THE HEARTNC DA'rE aI' FEBRUARY 21, 2006
which beats North 8~13'4r East, 8 dlstanee of 271.78'. more or less;
North 6<<)611'40" East, a dietanc:e rA 201.31 feet more or _, to the Eaaterly boundary of
SedJon 30;
thence a/ong said ~ boundary, South OOO'3O'or East, acislaa d385.00feetf00f9
or less to th& South 111~ Comer CCHllmon to Sections 30 and 29;
IhenCe along the South 1/16'" line of Section 30, South 89"'48'51" West, a diUanoa of
2631.28 feet to the Center-Sauth 111 fJ'l Corner of Section 30;
therIc.'le atong the NarIh-Sauth Cenl8r fine of Secllon 30, South OOW02" East, a distance
of 167.53 feet to the most Southerly corner- Of' propwty described in Personal
R..ssntstlves Deed Instrument Number 99008747;
thence along the Southerty bOlJndlwy of said Personal Representatives Deed lhefollowing
0CIUI'88a anr:f ci&t8nolils:
North 38"33'24" W8It, a dilltaneB af 126.24 feet;
Nar1h 52028'30" West, a distance fA 595.70 feet;
North 60"34'04" West, 8 diatance cl244.4O feet;
North 64.04'55. West, a distance 01164,59 feet;
Nor1h 65"54'09"' West. a distance of 453.98 feet to a point on the W8Bt 111611 line of
Section 30;
thence along &aid west 1/16" line, North 00000'23" West, . distance of 646.52 feet to tI'1e
Center.west 1116'" Carner of S8ctian 30;
thence along the East-WelJt cenw SeQion line of Section 30, North Er44'SEr East, e
di8tance of 1323.01 feet to 1he TRUE POINT OF BEGINNING.
Cot_ "ng 91.085 8CnI8, more 01 tees.
Subject to 8IClsting trooements SId rights-of-way 88 any mey exist. of record or not d
ftICCJn1
" is Ih8 intention of this defiCl ipIIon to Include all d the pIOpeIty desc::ribed in a",it Claim
Deed InstNment runber 1021S8440, Personal Repna8l. ........ Deed Instrument Nun*>>er
980087<47, Quit Clam Deed Instn.menl number 98DOS406. and Quit Claim Deed
In&tMnent runber 99112159, WIcIucIlng any portions dlhese prapenies not . ed in
this docunent. Nft "~:r~ ' ~
Refer to lItt8ched &ketch.
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Fox Lend Surveys, Inc.
TlmoIhy J. Fox, Prveiclent, PLS:: OF ~
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Exhibit C Page 2
CITY OF MERIDiAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATr: UF FEBRUARY 21,2006
Exhibit C Page 3
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CITY OF MERIDIAN PLANNING DEP ARTMFNT STAFF REPORT FOR THE HEARING DATe Of' f'J'mRUAK Y 21, 2006
D. Required Findings from Zoning Ordinance
1. Annexation Findings:
The Commission and Council shall review the particular facts and circumstances of each
proposed zoning amendment in temlS of the following standards and shall find adequate
evidence answering the following questions about the proposed zoning amendment:
A. Will the new zoning be harmonious with and in accordance with the comprehensive plan
and, if not, has there been an application for a comprehensive plan amendment;
In Chapter VII of the Comprehensive Plan, 'medium density' is defmed as areas
including single-family homes at densities of three to eight dwelling units per acre; 'low
density' consist of single-family homes at densities of three dwelling units or less per
acre. Council finds that the requested residential zoning designation, R-4, is harmonious
with and in accordance with the 2002 Comprehensive Plan and Future Land Use Map,
which designates the 50 acres adjacent to Locust Grove Road to be "LOW Density
Residential," and "Medium Density Residential" to the west. Some of the larger lots in
the development are within the area designated for low density residential. The applicant
has submitted detailed calculations for the low and medium density designated areas.
Council finds that the low density area contains less than 3 dwelling units per acre, and
that the medium density area contains just under 3 dwelling units per acre (2.8 d.u/acre
gross.) The overall gross density of the project is 2.8 dwelling units per acre. Council
fmds that the density proposed with the preliminary plat is consistent with previous
Commission and Council actions and generally confonns to the goals, objectives, and
action items contained in the Comprehensive Plan for these low and medium density
areas. Council fInds that the proposed zoning is in general conformance with the
comprehensive plan (please see Section 8 of the CO\IDcil Report for detailed analysis of
specific comprehensive plan action itt:lIDS that apply to this development.)
B. Is the area included in the zoning amendment intended to be rezoned in the future;
Concurrent with the annexation and zoning application, the applicant has submitted a
prelinrinary plat and a conditional use pennit for a planned development that proposes
single-family dwelling lots on the subject site (pP.05-048 & CUP~05-046). Council does
not anticipate that the applicant plans to rezone the subject property in the future if the
accompanying CUPfPD and PP applications are approved-
C. Is the area included in the zoning amendment intended to be developed in the fashion that
would be allowed under the new zoning - for example, a residential area turning into
commercial area by means of conditional use pennits;
Council finds that single-family homes are allowed (permitted) within tbe requested R-4
zone, (if the accompanying Conditional Use Permit for a Planned Development is also
approved.)
D. Has there been a change in the area or adjacent areas which may dictate that the area
should be rezoned. For example, have the streets been widened, new railroad access been
developed or planned or adjacent area being developed in a fashion similar to the
proposed rezone area;
There have been no recent street improvements in the area. None of the nearby roadways:
Locust Grove Road, Amity Road, or Victory Road, are within ACHD's Five Year Work
Program or CIP (20-year plan) for road widening. Sicily Subdivision, Chatsworth
Subdivision and Roseleaf Subdivision to the north have been approved for development
similar to what is being proposed. Bellingham Park Subdivision and Tuscany Subdivision
Exhibit 0 Page 4
CITY Of' MERIDIAN PLANNING DEPARTMENT STAFF REPORT "FOR THE HBARINO OATE Or- PEBRVARY 21, 2006
to the east have also been approved for single-family developments. The subject property
is generally surrounded by rural residential acreages. Council does not find that there has
been a change in the area that dictatcs that this propt:rly should be rezoned. However, tI1is
is the logical expansion of the City hmits. The Council relies on Council's analysis,
public testimony received aud any conunents submitted from any other agencies or
departments regarding whether this property should be annexed.
E. Will the proposed uses be designed, constructed, operated and maintained to be
harmonious and appropriate in appearance with the existing or intended character of the
general vicinity and that such use will not change the essential character of the same area;
The applicant has submitted photos/elevations for the proposed dwelling units. If
constructed similarly to the units in the photos, Council believes that the design of the
dwelling mrits will be compatible with the adjoining uses. Council finds that the proposed
development will change the existing character of the area, which is still largely rural.
However, the proposed development is generally harmonious with thc intended charader
envisioned by the Comprehensive Plan. Council does not find that the proposed
zoning/uses will adversely change the essential character of area.
F. Will the proposed uses not be hazardous or disturbing to existing or future neighboring
uses;
The Commission and Council should rely on public testimony (oral and written) to
determine whether or not the proposed use will be disturbing; or hazardous to the existing
or future neighboring uses. Council does not anticipate that the proposed uses will be
disturbing to future or existing neighbors, as long as landscaping, fencing and other
recommended conditions are exercised. Further, Council does not anticipate that the
proposed uses will be hazardous as long as the applicant complies with the conditions
contained in Exhibit B and all City Code provisions.
G. Will the area be served adequately by essential public facilities and services such as
highways, streets, police and fIre protection, drainage structures, refuse disposal, water,
sewer; or will the person responsible for the establishment of the proposed zoning
amendment be able to provide adequately any of such services;
The applicant will be responsible for the extension of all utilities necessary to serve this
proposed development. Urban services, such as water and sewer, are near to this site and
the applicant should be able to extend such services to the site. Council finds that the
subj ect site is proposed for development in a fashion similar to other properties in the
area.
The applicant and/or future property owners will be required to pay park and highway
impact fees.
The ACIID has included several conditions of approval for the subject development.
Council finds that the existing and proposed street system will be able to handle the
proposed development if the applicant complies with all of ACHD's conditions. All of
ACHD's conditions are included in Exhibit B of the Staff Report.
On September 30, 2005, a joint agency/department comments meeting was held with
representatives of key service providers to this property. Based on the joint
agency/department meeting and other comments received from agencies/departments,
Council fmds that except for sanitary sewer, the public services listed above can be made
available to accommodate the proposed development right away. The Commission and
Exhibit D Page 5
CITYOFMERlDTAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DArB Of FEBRUARY 21,2006
Council should reference any written and/or verbal testimony submitted by any public
service provider, regarding their ability to adequately service this project.
H. Will not create excessive additional requirements at public cost for public facilities and
services and will not be detrimental to the economic welfare of the community;
If approved, the developer will he financing the extension of sewer, water, local street
infrastructW'e, utilities and irrigation services to serve the project. The primary public
costs to serve the future residents will be fire, police and school facilities and services.
Council finds there will not be excessive additional requirements at public cost and that
the proposed zoning and "llbsequent development will not be dctrimental to !hI:;:
community's economic welfare.
I. Will the proposed uses not involve uses, activities, processes, materials, equipment and
conditions of operation that will be detrimental to any persons, property or the general
welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors;
Council finds that the proposed annexation and the development of this site will not
involve uses that will create nuisances that would be detrimental to the general welfare of
the surrounding area.
Council recognizes the fact that traffic and noise will increase with the approval of this
subdivision; however, Council does not believe that the amount generated will be
detrimental to the general welfare of the public. Council does not anticipate the proposed
annexation and subsequent uses will create excf:ssive traffic, noise, smoke, fumes, glare,
or odors.
J. Will the area have vehicular approaches to the property which shall be so designed as not
to create an interference with traffic on surrounding public streets;
The applicant is proposing to construct one public street access to connect with the
existing public street system. If is designed and constructed as required by the AClID and
the City, Council does not believe that the subdivision will create interference with traffic
on the surrounding public streets.
K. Will not result in the destruction, loss or dam.a2e of a natural or scenic feature of major
importance; and
The Ridenbaugh Canal bisects this property. Council considers the Ridenbaugh a scenic
feature. Council recommends that this feature be protected and enhanced by the
applicant. There are some mature trees on this property. Any existing trees larger than 4"
caliper that are removed should be mitigated for, per the Landscape Ordinance. Council
finds that the proposed development will not result in the destruction, loss or damage of
any natural feature(s) of major importance if developed under these conditions.
The Council references any public testimony that may be presented to determine whether
or not the proposed development may destroy or damage a natural or scenic feature(s) of
major importance of which Council is unaware.
L. Is the proposed zoning amendment in the best interest afthe city.
In accordance with the findings listed above. Council finds that the annexatiOn and
zoninf! of this property. as nronosed bv the applicant. would be in the best interest of the
Citv ($ee Analvsis section in the Staff Report).
2. Preliminary Plat Findings:
In detennining the acceptance of a proposed subdivision, the Commission shall consider the
Exhihit D Page 6
CITY OF MERIDIAN PLANNING DEiPAR1MENT STAFF REPORT FOR THE HEARING DATE Of fl3DRUARY 21,2006
objectives of this Title and at least the following:
A. The conformance of the subdivision with the Comprehensive Development Plan;
Please see Annexation Findings Item A above.
R The availability of public sQrviccs to accommodate the proposed development;
Please see AlU1exation Findings Items G and H above.
C. The continuity of the proposed development with the capital improvement program;
Because the developer is installing sewer, water, and utilitieR for the development at their
cost, the subdivision will not require the expenditure of capital improvement ftmds.
D. The public financial capability of supporting serviceR for the proposed development;
Please see Exhibit B for comments and conditions from other agencies and departments.
E. The other health, safety or environmental problems that may be brought to the
Commission's attention.
Council is not aware of any health, safety or environmental problems associated with the
development ofthis subdivision. ACHD considers road safety issues in their analysis.
3. CUP Findings:
The Commission and Council shall review the particular facts and circumstances of each
proposed conditional use in terms ofthe following, and may approve a conditional Use permit
if they shall find evidence presented at the hearing(s) is adequate to establish:
A That the site is large enough to accommodate the proposed use and all yards, open
spaces, parking, landscaping and other features as may be required by this title;
As part of the Planned. Development (PO) the applicant is requesting relief from the
standard street frontage, lot size, front setback and maximwn block length requirements
of the R-4 zone. Council fmds that the subject property is large enough to accommodate
the requested use and all other required ordinance features. Although the site is large
enough to accommodate all of the features required by ordinance, the applicant has
asked, through the Planned Development, to modify specific development standards.
B. That the proposed use and development plan will be harmonious with the Meridian
Comprehensive Plan and in accordance with the requirements of this Ordinance;
Council finds that the proposed subdivision is generally harmonious with and in
accordance with the 2002 Comprehensive Plan and Future Land Use Map, which
designates the land to be "Medium Density Residential" and "Low Density Residential"
(provided the Conunission and Council gra.nt the requested planued development). Pltliise
see Annexation Findings A.
C. That the design, construction, operation, and maintenance will be compatible with other
uses in the general neighborhood and with the existing or intended character of the
general vicinity and that such use will not adversely change the essential character of the
same area;
Please see Annexation Findings E.
D. That the proposed use, if it complies with all conditions of the approval imposed, will not
adversely affect other property in the vicinity;
Exhibit D Page 7
CITY OF MERIDIAN PI.ANNTNG DEPARlMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 21,2006
Council fmds that if the applicant complies with all of the conditions of approval, this
development will not have an adverse impact on other properties.
E. That the proposed use will be served adequately by essential public facilities and
services such as highways, street, police, and fire protection, drainage structures, refuse
disposal, wate!-, sewer or that the person responsible for tht: t:stablishment of proposed
conditional use shall be able to provide adequately any such services;
Please see Annexation Findings G and H, the conditions in Exhibit B, and any COllll11ents
that may be submitted to the City Clerk regarding this project.
F. That the proposed use will not create excessive additional requirements at public cost for
public facilities and services and will not be detrimental to the economic welfare of the
community;
Please see Annexation Findings H.
U, That the proposed use will not involve activities or processes, materials, equipment, and
conditions of operation that will be detrimental to any persons, property, or general
welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors;
Please see Annexation Findings I.
H, That the proposed use will have vehicular approaches to the property which shall be so
designed as not to create an interference with traffic on surrounding public streets;
Please see Annexation and Zoning Findings J. The Commission and Council should
review any comments received from the ACHD regarding this proj eet when determining
this fmding.
I. That the proposed use will not result in the destruction, loss or damage of a natural,
scenic or historic feature considered to be of major importance.
Please see Annexation and Zoning Findings K.
Exhibit D Page 8