Z - Recorded DA ADA COUNTY RECORDER Trent Tripple 2023-023848
BOISE IDAHO Pgs=39 CHE FOWLER 04/26/2023 08:05 AM
CITY OF MERIDIAN, IDAHO NO FEE
DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. Epic Development Victory LLC, Owner/Developer
THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this 25th
day of April , 2023, by and between City of Meridian, a municipal corporation of the
State of Idaho,hereafter called CITY,whose address is 33 E.Broadway Avenue,Meridian,Idaho 83642,
and Epic Development Victory LLC, whose address is 1831 E. Overland Rd., Meridian, ID 83642,
hereinafter called OWNER/DEVELOPER.
1. RECITALS:
1.1 WHEREAS, Owner is the sole owner, in law and/or equity, of certain tract of
land in the County of Ada, State of Idaho, described in Exhibit "A," which is
attached hereto and by this reference incorporated herein as if set forth in full,
herein after referred to as the Property; and
1.2 WHEREAS, Idaho Code § 67-6511A provides that cities may, by ordinance,
require or permit as a condition of zoning that the Owner and/or Developer make
a written commitment concerning the use or development of the subject Property;
and
1.3 WHEREAS, City has exercised its statutory authority by the enactment of
Section 11-513-3 of the Unified Development Code ("UDC"), which authorizes
development agreements upon the annexation and/or re-zoning of land; and
1.4 WHEREAS, Owner/Developer has submitted an application for annexation and
zoning of 4.74 acres of land from the RUT (Rural Urban Transition) zoning
district to the R-8 (Medium Density Residential) zoning district on the property
as shown in Exhibit "A" under the Unified Development Code, which generally
describes how the Property will be developed and what improvements will be
made; and
1.5 WHEREAS, Owner/Developer made representations at the public hearings
before Planning and Zoning Commission and the Meridian City Council as to how
the Property will be developed and what improvements will be made; and
1.6 WHEREAS, the record of the proceedings for requested annexation and zoning
held before Planning and Zoning Commission and the City Council includes
responses of government subdivisions providing services within the City of
Meridian planning jurisdiction and includes further testimony and comment; and
1.7 WHEREAS, on the 4th day of April, 2023, the Meridian City Council approved
certain Findings of Fact and Conclusions of Law and Decision and Order
DEVELOPMENT AGREEMENT—MILLWOOD SUBDIVISION(H-2022-0089) PAGE 1 OF 7
("Findings"), which have been incorporated into this Agreement and attached as
Exhibit`B"; and
1.8 WHEREAS, the Findings require the Owner/Developer to enter into a
Development Agreement before the City Council takes final action on final plat;
and
1.9 WHEREAS,Owner/Developer deem it to be in its best interest to be able to enter
into this Agreement and acknowledges that this Agreement was entered into
voluntarily and at its urging and request; and
1.10 WHEREAS, City requires the Owner/Developer to enter into a development
agreement for the purpose of ensuring that the Property is developed and the
subsequent use of the Property is in accordance with the terms and conditions of
this Agreement, herein being established as a result of evidence received by the
City in the proceedings for zoning designation from government subdivisions
providing services within the planning jurisdiction and from affected property
owners and to ensure zoning designation is in accordance with the amended
Comprehensive Plan of the City of Meridian on December 19, 2019, Resolution
No. 19-2179, and the UDC, Title 11.
NOW, THEREFORE, in consideration of the covenants and conditions set forth herein,
the parties agree as follows:
2. INCORPORATION OF RECITALS: That the above recitals are contractual and
binding and are incorporated herein as if set forth in full.
3. DEFINITIONS: For all purposes of this Agreement the following words, terms,
and phrases herein contained in this section shall be defined and interpreted as herein
provided for, unless the clear context of the presentation of the same requires otherwise:
3.1 CITY: means and refers to the City of Meridian, a party to this Agreement,
which is a municipal Corporation and government subdivision of the state of
Idaho,organized and existing by virtue of law of the State of Idaho,whose address
is 33 East Broadway Avenue, Meridian, Idaho 83642.
3.2 OWNER/DEVELOPER:means and refers to Epic Development Victory LLC,
whose address is 1831 E. Overland Rd., Meridian, ID 83642, hereinafter called
OA NER/DEVELOPER, the party that owns and is developing said Property and
shall include any subsequent owner(s)/developer(s) of the Property.
3.3 PROPERTY:means and refers to that certain parcel(s)of Property located in the
County of Ada, City of Meridian as in Exhibit "A," describing a parcel to bound
by this Development Agreement and attached hereto and by this reference
incorporated herein as if set forth at length.
4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right to
develop the Property in accordance with the terms and conditions of this Agreement.
4.1 The uses allowed pursuant to this Agreement are only those uses allowed under
the UDC.
DEVELOPMENT AGREEMENT-MILLwooD SUBDIVISION(H-2022-0089) PAGE 2 OF 7
4.2 No change in the uses specified in this Agreement shall be allowed without
modification of this Agreement.
5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY:
5.1. Owner/Developer shall develop the Property in accordance with the following
special conditions:
a. Future development of this site shall be generally consistent with the
preliminary plat, landscape plan and conceptual building elevations
included in Section VIII and the provisions contained herein.
b. The existing home proposed to remain on a lot in the subdivision shall be
required to connect to City Water and Sewer service within 60 days of it
becoming available and disconnect from private service, as set forth in
MCC 9-1-4 and 9-4-8.
C. Construction traffic for the re-development of this property shall access
the site via the future extension of Richardson Street; access via the
existing easement from E. Victory Rd. is prohibited.
d. The homes constructed on Lots 4-8, Block 1 shall be restricted to single
story only.
e. The Developer shall install fire sprinklers in all homes within the
subdivision, except for the existing home; or, with submittal of the final
plat application, submit written documentation that demonstrates the
existing access easement via E. Victory Road across the DeChambeau
property (Parcel AS 1129120742) may be used for emergency access only
for the development—in this case, fire sprinklers are not required for any
of the units.
f. The Developer shall install a"no trespassing" sign at the end of the multi-
use pathway along the east boundary of the site that stubs to the
DeChambeau property(Parcel AS 1129120742).
6. COMPLIANCE PERIOD This Agreement must be fully executed within six(6)
months after the date of the Findings for the annexation and zoning or it is null and void.
7. DEFAULT/CONSENT TO DE-ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
7.1 Acts of Default. In the event Owner/Developer, or Owner/Developer's heirs,
successors, assigns, or subsequent owners of the Property or any other person
acquiring an interest in the Property, fail to faithfully comply with all of the terms
and conditions included in this Agreement in connection with the Property, this
Agreement may be terminated by the City upon compliance with the requirements
of the Zoning Ordinance.
7.2 Notice and Cure Period. In the event of Owner/Developer's default of this
DEVELOPMENT AGREEMENT-MILLwooD SUBDIVISION(H-2022-0089) PAGE 3 OF 7
agreement, Owner/Developer shall have thirty (30) days from receipt of written
notice from City to initiate commencement of action to correct the breach and
cure the default, which action must be prosecuted with diligence and completed
within one hundred eighty (180) days; provided, however, that in the case of any
such default that cannot with diligence be cured within such one hundred eighty
(180) day period, then the time allowed to cure such failure may be extended for
such period as may be necessary to complete the curing of the same with diligence
and continuity.
7.3 Remedies.In the event of default by Owner/Developer that is not cured after notice
from City as described in Section 7.2, City shall, upon satisfaction of the notice
and hearing procedures set forth in Idaho Code section 67-6511A, have the right,
but not a duty, to de-annex all or a portion of the Property, reverse the zoning
designations described herein, and terminate City services to the de-annexed
Property,including water service and/or sewer service. Further, City shall have the
right to file an action at law or in equity to enforce the provisions of this
Agreement. Because the covenants, agreements, conditions, and obligations
contained herein are unique to the Property and integral to City's decision to annex
and/or re-zone the Property, City and Owner/Developer stipulate that specific
performance is an appropriate, but not exclusive, remedy in the event of default.
Owner/Developer reserves all rights to contest whether a default has occurred.
7.4 Choice of Law and Venue. This Agreement and the rights of the parties hereto
shall be governed by and construed in accordance with the laws of the State of
Idaho, including all matters of construction, validity, performance, and
enforcement. Any action brought by any party hereto shall be brought within Ada
County, Idaho.
7.5 Delay. In the event the performance of any covenant to be performed hereunder
by either Owner/Developer or City is delayed for causes that are beyond the
reasonable control of the party responsible for such performance, which shall
include, without limitation, acts of civil disobedience, strikes or similar causes,
the time for such performance shall be extended by the amount of time of such
delay.
7.6 Waiver.A waiver by City of any default by Owner/Developer of any one or more
of the covenants or conditions hereof shall apply solely to the default and defaults
waived and shall neither bar any other rights or remedies of City nor apply to any
subsequent default of any such or other covenants and conditions.
8. INSPECTION: Owner/Developer shall, immediately upon completion of any
portion or the entirety of said development of the Property as required by this Agreement
or by City ordinance or policy, notify the City Engineer and request the City Engineer's
inspections and written approval of such completed improvements or portion thereof in
accordance with the terms and conditions of this Agreement and all other ordinances of
the City that apply to said Property.
9. REQUIREMENT FOR RECORDATION: City shall record this Agreement,including
all of the Exhibits, and submit proof of such recording to Owner/Developer, prior to the
third reading of the Meridian Zoning Ordinance in connection with the rezoning of the
Property by the City Council. If for any reason after such recordation, the City Council
DEVELOPMENT AGREEMENT-MILLwooD SUBDIVISION(H-2022-0089) PAGE 4 OF 7
fails to adopt the ordinance in connection with the annexation and zoning of the Property
contemplated hereby, the City shall execute and record an appropriate instrument of
release of this Agreement.
10. ZONING: City shall, following recordation of the duly approved Agreement, enact a
valid and binding ordinance zoning the Property as specified herein.
11. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable
letters of credit, cash deposits, certified check or negotiable bonds, as allowed under the
UDC, to insure the installation of required improvements, which the Owner/Developer
agree to provide, if required by the City.
12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued in
any phase in which the improvements have not been installed, completed, and accepted
by the City, or sufficient surety of performance is provided by Owner/Developer to the
City in accordance with Paragraph I I above.
13. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agree to abide by all
ordinances of the City of Meridian unless otherwise provided by this Agreement.
14. NOTICES: Any notice desired by the parties and/or required by this Agreement shall
be deemed delivered if and when personally delivered or three (3) days after deposit in
the United States Mail, registered or certified mail, postage prepaid, return receipt
requested, addressed as follows:
CITY: with copy to:
City Clerk City Attorney
City of Meridian City of Meridian
33 E. Broadway Ave. 33 E. Broadway Avenue
Meridian, Idaho 83642 Meridian, Idaho 83642
OWNER/DEVELOPER:
Epic Development Victory LLC
1831 E. Overland Rd.
Meridian, Idaho 83642
14.1 A party shall have the right to change its address by delivering to the other party
a written notification thereof in accordance with the requirements of this section.
15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto
concerning this Agreement, the prevailing party shall be entitled, in addition to any other
relief as may be granted, to court costs and reasonable attorney's fees as determined by a
Court of competent jurisdiction. This provision shall be deemed to be a separate contract
between the parties and shall survive any default, termination or forfeiture of this
Agreement.
16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is
strictly of the essence with respect to each and every term,condition and provision hereof,
and that the failure to timely perform any of the obligations hereunder shall constitute a
breach of and a default under this Agreement by the other party so failing to perform.
DEVELOPMENT AGREEMENT-MILLwooD SUBDIVISION(H-2022-0089) PAGE 5 OF 7
17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to
the benefit of the parties' respective heirs, successors, assigns and personal
representatives,including City's corporate authorities and their successors in office. This
Agreement shall be binding on the Owner/Developer, each subsequent owner and any
other person acquiring an interest in the Property. Nothing herein shall in any way
prevent sale or alienation of the Property, or portions thereof, except that any sale or
alienation shall be subject to the provisions hereof and any successor owner or owners
shall be both benefited and bound by the conditions and restrictions herein expressed.
City agrees,upon written request of Owner and/or Developer,to execute appropriate and
recordable evidence of termination of this Agreement if City, in its sole and reasonable
discretion, had determined that Owner and/or Developer have fully performed their
obligations under this Agreement.
18. INVALID PROVISION: If any provision of this Agreement is held not valid by a court
of competent jurisdiction, such provision shall be deemed to be excised from this
Agreement and the invalidity thereof shall not affect any of the other provisions contained
herein.
19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided, each party
shall act reasonably in giving any consent, approval, or taking any other action under this
Agreement.
20. COOPERATION OF THE PARTIES: hi the event of any legal or equitable action or
other proceeding instituted by any third party(including a governmental entity or official)
challenging the validity of any provision in this Agreement,the parties agree to cooperate
in defending such action or proceeding.
21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements,
agreements, condition and understandings between Owner/Developer and City relative to
the subject matter hereof, and there are no promises, agreements, conditions or
understanding, either oral or written, express or implied, between Owner/Developer and
City, other than as are stated herein. Except as herein otherwise provided,no subsequent
alteration, amendment, change or addition to this Agreement shall be binding upon the
parties hereto unless reduced to writing and signed by them or their successors in interest
or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or
resolution of City.
21.1 No condition governing the uses and/or conditions governing rezoning of the
subject Property herein provided for can be modified or amended without the
approval of the City Council after the City has conducted public hearing(s) in
accordance with the notice provisions provided for a zoning designation and/or
amendment in force at the time of the proposed amendment.
22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on
the date the Meridian City Council shall adopt the amendment to the Meridian Zoning
Ordinance in connection with the annexation and zoning of the Property and execution
of the Mayor and City Clerk.
[end of text; acknowledgements, signatures and Exhibits A and B follow]
DEVELOPMENT AGREEMENT-MILLwooD SUBDIVISION(H-2022-0089) PAGE 6 OF 7
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement and made it
effective as hereinabove provided.
OWNER/DEVELOPER:
Epic Development Victory LLC
By: wrna is la1-hee l��
Its:
STATE OF WW )
ss:
County of /606 )
On this I l day of ,/'t eiz,_l L_ ,2023,before me,the undersigned,a Notary P blic in and for said State,
personally appeared_'rg uynnn. ij�, ,}C�wS,known or identified to me to be the ►j2(zzcTrriz of
Epic Development Victory LLC and the person who signed above and acknowledged to me that they executed the same.
IN WITNESS WHEREOF ve hereunto set my hand and affixed my official sea] the day and year in this
certificate first above written. ���� p�f J�
(SEAL) Q:;'o`Sr10TARy�/N ry P c
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CITY OF MERIDIAN ATTEST:
By:
Mayor Robert E. Simison - 4-25-2023 Chris Johnson, City Clerk 4-25-2023
STATE OF IDAHO )
ss
County of Ada }
On this 25th day of April ,2023,before me,a Notary Public,personally appeared Robert E.Simison
and Chris Johnson, known or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who
executed the instrument or the person that executed the instrument of behalf of said City,and acknowledged to me that Such
City executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this
certificate first above written.
(SEAL) Notary Public for Idaho
My Commission Expires: 3-28-2028
DEVELOPMENT AGREEMENT-MILLWOOD SUBDIVISION(H-2022-0089) PAGE 7 OF 7
EXHIBIT A
ANNEXATION MILLWOOD SUB
EXHBIT A
PROPERTY DESCRIPTION
A parcel of land lying in the NW 1/4 of the NW 1/4 of Section 29, Township 3 North, Range 1 East, Boise
Meridian, Ada County, Idaho, said parcel being more particularly described as follows:
Commencing at an aluminum cap marking the North 1/4 Corner of said Section 29; thence
N.89°49'00"W. along the North line of said Section 29 a distance of 1340.37 feet to a 5/8" iron pin;
thence 5.00°01'15"W. a distance of 629.36 feet more or less to a to a point lying on the Centerline of
Eight Mile Lateral, said pin also being the POINT OF BEGINNING;
Thence 5.00°01'15"W. a distance of 390.73 feet to a 5/8" iron pin;
Thence N.73°02'00"W. a distance of 354.80 feet to a 5/8" iron pin;
Thence N.00°01'30"W.a distance of 791.62 feet more or less to a point on the Centerline of Eight Mile
Lateral;
Thence along the Centerline of Eight Mile Lateral 5.37°58'06"E. a distance of 281.07 feet to a point;
Thence continuing along said centerline 5.30°32'48"E. a distance of 328.43 feet to a point also being the
POINT OF BEGINNING.
Said parcel contains 4.74 acres, more or less, and is subject to all existing easements and rights-of-ways
of record or implied,
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EXHIBIT B
ANNEXATION FOR MILLWOOD SUB.
PORTION OF THE NW1/4 OF THE NW1/4, SECTION29,
TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN,
ADA COUNTY, IDAHO
CP&F NO. BASIS OF BEARINGS
2021-040321 VICTORY ROAD
19 20 SE9' 49' 00'E 2680.69'
30 29 v 1000.47' W 339.86 1340.37' IV
N 1/4 CDR
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EXHIBIT B
ANNEXATION FOR MILLWOOD SUB.
PORTION OF THE NW1/4 OF THE NW1/4, SECTION29,
TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN,
ADA COUNTY, IDAHO
CPBF NO. BASIS OF BEARINGS
2021-040321 VICTORY ROAD a NS.
19 20 S89'49'WE 2530.69' o
30 29 1000.47' mi
339.86'
1340.37' N 1/4 CDR
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WlDATE DESIGN BY: SN1 OF J.J. HOWARD I,/t,/22 /�® A° , 1 MILLWOOO SUB.
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EXHIBIT B
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW (:�VE Nty
AND DECISION& ORDER
In the Matter of the Request for Annexation of 4.74 Acres of Land with an R-8 Zoning District; and
Preliminary Plat Consisting of 17 Building Lots (Including One for an Existing Home)and Two (2)
Common Lots on 4.11 Acres of Land in the R-8 Zoning District for Millwood Subdivision,by Epic
Development.
Case No(s).H-2022-0089
For the City Council Hearing Date of: March 21, 2023 (Findings on April 4,2023)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of March 21, 2023, incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of March 21,2023,incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of March 21,2023,
incorporated by reference)
4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing
date of March 21, 2023,incorporated by reference)
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the"Local Land Use
Planning Act of 1975,"codified at Chapter 65, Title 67, Idaho Code(I.C. §67-6503).
2. The Meridian City Council takes judicial notice of its Unified Development Code codified as
Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has,by
ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian,
which was adopted December 17,2019,Resolution No. 19-2179 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A.
4. Due consideration has been given to the comment(s)received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not impose
expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Decision, which shall be
signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the
Community Development Department, the Public Works Department and any affected party
requesting notice.
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR MILLWOOD SUBDIVISION AZ PP H-2022-0089 - I-
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of March 21,2023,incorporated by reference. The conditions are concluded to be
reasonable and the applicant shall meet such requirements as a condition of approval of the
application.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon
the above and foregoing Findings of Fact which are herein adopted,it is hereby ordered that:
1. The applicant's request for annexation&zoning and preliminary plat is hereby approved with
the requirement of a Development Agreement per the provisions in the Staff Report for the
hearing date of March 21,2023,attached as Exhibit A.
D. Notice of Applicable Time Limits
Notice of Preliminary Plat Duration
Please take notice that approval of a preliminary plat, combined preliminary and final plat,or
short plat shall become null and void if the applicant fails to obtain the city engineer's signature
on the final plat within two(2)years of the approval of the preliminary plat or the combined
preliminary and final plat or short plat(UDC 11-6B-7A).
In the event that the development of the preliminary plat is made in successive phases in an
orderly and reasonable manner,and conforms substantially to the approved preliminary plat,
such segments,if submitted within successive intervals of two(2)years,may be considered for
final approval without resubmission for preliminary plat approval (UDC 11-6B-7B).
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11-6B-7.A,the Director may authorize a single extension of time to obtain the City
Engineer's signature on the final plat not to exceed two(2)years. Additional time extensions up
to two(2)years as determined and approved by the City Council may be granted.With all
extensions,the Director or City Council may require the preliminary plat,combined
preliminary and final plat or short plat to comply with the current provisions of Meridian City
Code Title 11. If the above timetable is not met and the applicant does not receive a time
extension,the property shall be required to go through the platting procedure again(UDC 1I-
6B-7C).
Notice of Development Agreement Duration
The city and/or an applicant may request a development agreement or a modification to a
development agreement consistent with Idaho Code section 67-6511A. The development
agreement may be initiated by the city or applicant as part of a request for annexation and/or
rezone at any time prior to the adoption of findings for such request.
A development agreement may be modified by the city or an affected party of the development
agreement. Decision on the development agreement modification is made by the city council in
accord with this chapter. When approved, said development agreement shall be signed by the
property owner(s)and returned to the city within six(6)months of the city council granting the
modification.
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR NIILLWOOD SUBDIVISION AZ PP H-2022-0089 -2-
A modification to the development agreement may be initiated prior to signature of the
agreement by all parties and/or may be requested to extend the time allowed for the agreement
to be signed and returned to the city if filed prior to the end of the six(6)month approval
period.
E. Judicial Review
Pursuant to Idaho Code § 67-6521(1)(d),if this final decision concerns a matter enumerated in Idaho
Code § 67-652 1(1)(a),an affected person aggrieved by this final decision may,within twenty-eight
(28)days after all remedies have been exhausted,including requesting reconsideration of this final
decision as provided by Meridian City Code § 1-7-10, seek judicial review of this final decision as
provided by chapter 52,title 67,Idaho Code. This notice is provided as a courtesy; the City of
Meridian does not admit by this notice that this decision is subject to judicial review under LLUPA.
F. Notice of Right to Regulatory Takings Analysis
Pursuant to Idaho Code §§ 67-6521(1)(d)and 67-8003,an owner of private property that is the
subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory
takings analysis.
G. Attached: Staff Report for the hearing date of March 21,2023
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR NIILLWOOD SUBDIVISION AZ PP H-2022-0089 -3-
By action of the City Council at its regular meeting held on the 4th day of April
2023.
COUNCIL PRESIDENT BRAD HOAGLUN VOTED AYE
COUNCIL VICE PRESIDENT JOE BORTON VOTED AYE
COUNCIL MEMBER JESSICA PERREAULT VOTED AYE
COUNCIL MEMBER LUKE CAVENER VOTED AYE
COUNCIL MEMBER JOHN OVERTON VOTED AYE
COUNCIL MEMBER LIZ STRADER VOTED
MAYOR ROBERT SIMISON VOTED
(TIE BREAKER)
Mayor Robert E. im on 4-4-2023
Attest:
„so
SFAl.
Chris John n 4-
City Clerk
Copy served upon Applicant,Community Development Department,Public Works Department and City
Attorney.
By: � t?` } s Dated: 4-4-2023
City Clerk's Office
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR NIILLWOOD SUBDIVISION AZ PP H-2022-0089 -4-
STAFF REPORT E COMMUNITY DEVELOPMENT DEVELOPMENT DEPARTMENT
HEARING March 21,2023
Legend
DATE: �
Project Location ® � ;..
TO: Mayor&City Council
j
FROM: Sonya Allen,Associate Planner
208-884-5533
e _
SUBJECT: Millwood Subdivision
H-2022-0089
LOCATION: 1975 E. Victory Rd.,in the NW 1/4 of
Section 29,T.3N.,R.IE. (Parcel
9SI129223095) ®
L PROJECT DESCRIPTION
Annexation of 4.74 acres of land with an R-8 zoning district; and preliminary plat consisting of 17 building
lots(including one for an existing home)and two(2)common lots on 4.11 acres of land in the R-8 zoning
district for Millwood Subdivision.
II. SUMMARY OF REPORT
A. Project Summary
Description Details
Acreage 4.11 acres(4.74 acres—annexation area)
Future Land Use Designation Medium Density Residential(MDR)
Existing Land Use Single-family rural residential(SFR)
Proposed Land Use(s) SFR
Current Zoning Rural Urban Transition(RUT)in Ada County
Proposed Zoning R-8(Medium-density Residential)
Lots(#and type;bldg/common) 17 building/2 common
Phasing plan(#of phases) NA(not proposed to be phased)
Number of Residential Units(type 17 single-family detached units(including existing home)
of units)
Density(gross&net) 4.14 units/acre(gross)
Open Space(acres,total[%]/ 0.27-acre(7%)
buffer/qualified)
Amenities Tot lot with play equipment and a segment of the City's multi-use pathway
system.
Physical Features(waterways, The Eight Mile Lateral rums off-site along the east boundary of the site.
hazards,flood plain,hillside)
Neighborhood meeting date 10/27/22
History(previous approvals) ROS 92426&92734
B. Community Metric
Description Details
Ada County Highway District
• Staff report Yes
(yes/no)
• Requires ACHD No
Commission
Action es/no
• Existing There is one(1)stub street planned to the west boundary of this site with
Conditions Teakwood Place Subdivision(H-2020-0006).
• CIP/IFYWP Capital Improvements Plan(CIP)/Integrated Five Year Work Plan(IFYWP):
(If no improvements listed/scheduled) There are no roadways, bridges or intersections in the
general vicinity of the project that are in the Integrated Five Year Work Plan(IFYWP)or the District's
Capital Improvement Plan(CIP).
• Victory Road is scheduled in the IFYWP for a corridor improvement project:Victory Corridor
B, which includes widening to 3-lanes from Locust Grove Road to Eagle Road and
constructing enhanced pedestrian bike facilities with design scheduled for 2025.
• The intersection of Victory Road and Locust Grove Road is scheduled in the IFYWP for an
intersection project including constructing a multi-lane roundabout, removing,and replacing
the existing bridge over the Tenmile creek;with construction in 2023.
• Locust Grove Road Bridge#12 is scheduled in the IFYWP for a bridge improvement project:
South Meridian Improvements A,which includes removing and replacing the existing bridge
over Ten Mile Creek,with construction in 2026.
• The intersection of Victory Road and Locust Grove Road is listed in the CIP to be widened to
4-lanes on the north leg,4-lanes on the south,4-lanes east,and 4-lanes on the west leg,and
signalized between 2021 and 2025.
• Victory Road is listed in the CIP to be widened to 3-lanes from Locust Grove Road to Eagle
Road between 2026 and 2030.
Level of Service Better than"E" "E"is acceptable)
Access Existing access for this parcel is provided via an access easement across the
(Arterial/Collectors/State parcel to the northeast of this site(#S 1129223005 DeChambeau)via E.Victory
Hwy/Local)(Existing and Rd.Proposed access is via the extension of E.Richardson St.,a local street
Proposed) proposed with Teakwood Subdivision at the west boundary.
Proposed Road Improvements None(this site doesn't have frontage on Victor Rd.)
Fire Department
• Distance to Fire Station 1.6 miles from Station#4
• Resource Reliability 74%(doesn't meet targeted goal of 80%or greater)
• Risk Identification 2(current resources would not be adequate to supply service to this project)
• Accessibility Project meets all required access,road widths&turnarounds.
• Special/resource needs An aerial device is required.
• Water Supply 1,000 gallons per minute for one hour
• Other Resources
Police
West Ada School District No comments were received.
Wastewater
Distance to Sewer Services Directly adjacent
Sewer 1
Estimated Project Sewer See application
WRRF DecliningBalance 40,880
Project •
WW Master Plan/Facility
Plan
Impacts/Concems Flow • •
Water
Distance to Services Directly adjacent
Pressure Zone
Estimated-1 Project Water See application
Water Quality Concerns •
Project •
Water Master Plan
Impacts/Concems See Public Works' Site-Specific Conditions
C. Project Maps
Future II Use Map Aerial Map
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III. APPLICANT INFORMATION
A. Applicant:
Truman Mathews,Epic Development— 1831 E. Overland Rd.,Meridian,ID 83642
B. Owner:
Ted Burke,EDM Partners—2185 East 3300 South, Salt Lake City,UT 84109
C. Representative:
Same as Applicant
IV. NOTICING
Planning& Zoning City Council
Posting Date Posting Date
Newspaper notification
published in newspaper 1/29/2023 3/5/2023
Radius notification mailed to
property owners within 300 feet 1/26/2023 3/3/2023
Public hearing notice sign posted NA(not required as the NA(not required as the
on site property is not property is not
adjacent to any streets) adjacent to any streets)
Nextdoor posting 1/30/2023 3/7/2023
V. COMPREHENSIVE PLAN ANALYSIS
LAND USE: This property is designated as Medium-Density Residential(MDR)on the Future Land Use Map
(FLUM)contained in the Comprehensive Plan. This designation allows for dwelling units at gross densities
of three (3)to eight(8)dwelling units per acre.
The Applicant proposes a 17-lot subdivision for single-family residential detached homes at a gross density
of 4.14 units per acre,consistent with the density desired in the MDR designation. Lots for proposed homes
range in size from 4,245 square feet(s.f) (or 0.10-acre)to 6,799 s.f. (or 0.16-acre); the size of the lot
proposed for the existing home is 34,706 s.f. (or 0.80-acre). Although the overall density is consistent with
the density desired in the MDR designation,the lot sizes proposed are smaller than typical for the density
proposed with the retention of the existing home on a large lot.
TRANSPORTATION: The Master Street Map(MSM)does not depict any collector streets across this
property. Local streets are proposed internally for access to the proposed lots. Transit services are not
available to this site.
Goals, Objectives, &Action Items: Staff finds the following Comprehensive Plan policies to be applicable
to this application and apply to the proposed use of this property(staff analysis in italics):
• "Encourage a variety of housing types that meet the needs,preferences, and financial capabilities of
Meridian's present and future residents."(2.01.02D)
The proposed single-family detached dwellings on smaller lots will contribute to the variety of housing
types and financial capabilities offuture residents available in the City.
• "Permit new development only where it can be adequately served by critical public facilities and
urban services at the time of final approval,and in accord with any adopted levels of service for
public facilities and services." (3.03.03F)
City water and sewer service is available and can be extended by the developer with development in
accord with UDC 11-3A-21.
• "Avoid the concentration of any one housing type or lot size in any geographical area;provide for
diverse housing types throughout the City." (2.01.01G)
This area is concentrated with single-family detached homes on a variety of lot sizes in the R-4 and
R-8 zoning districts; there is no diversity in housing types in this area.
• "Require all new development to create a site design compatible with surrounding uses through
buffering, screening,transitional densities,and other best site design practices."(3.07.01A)
No buffering or screening is proposed as residential is proposed next to residential land uses. The
development proposes lot sizes that are 2,000+sf.smaller than abutting lots in the development
process to the west in Teakwood Subdivision and about twice as small as those to the south in
Tuscany Lakes Subdivision. To provide a better transition to abutting future lots to the west,Staff
recommends one(1)lot is removed in the area between Lots 6-8 where portions of three(3)lots
abut one(1)lot, and another one removed along the south boundary in the area between Lots M-
14.
• "Encourage compatible uses and site design to minimize conflicts and maximize use of land."
(3.07.00)
The proposed development should be compatible with abutting existing and future single-family
residential uses if the applicant revises the plat as recommended above to minimize conflicts.
• "Support infill development that does not negatively impact the abutting,existing development.
Infill projects in downtown should develop at higher densities,irrespective of existing
development." (2.02.02C)
The subject property is part of a larger infill area that has not yet redeveloped and is surrounded by
City annexed land. The proposed residential development shouldn't have a negative impact on
abutting existing development if a better transition in lot sizes and configuration is provided as
recommended.
• "Ensure development is connected to City of Meridian water and sanitary sewer systems and the
extension to and through said developments are constructed in conformance with the City of
Meridian Water and Sewer System Master Plans in effect at the time of development."(3.03.03A)
The proposed development will connect to City water and sewer systems with development of the
subdivision;services are required to be provided to and though this development in accord with
current City plans. The existing home that is proposed to remain on a lot in the proposed subdivision
is required to connect to City water and sewer service.
• "Require pedestrian access in all new development to link subdivisions together and promote
neighborhood connectivity." (2.02.011))
The Pathways Master Plan depicts a segment of the City's multi-use pathway system along the west
side of the adjacent Eight Mile Lateral adjacent to the northern portion of the east boundary of this
site.A micro path is proposed to the west in the common lot at the southwest corner of the site for
connectivity with the adjacent development('Teakwood Subdivision). The Applicant should
coordinate with the adjacent developer to provide a break in the fencing where the common areas
adjoin to allow the connectivity between developments and a larger overall open space area to be
enjoyed by residents of both developments.
• "Require urban infrastructure be provided for all new developments,including curb and gutter,
sidewalks,water and sewer utilities."(3.03.03G)
Urban sewer and water infrastructure and curb, gutter and sidewalks are required to be provided
with development of the subdivision.
• "Eliminate existing private treatment and septic systems on properties annexed into the City and
instead connect users to the City wastewater system; discourage the prolonged use of private
treatment septic systems for enclave properties."
If annexed, the existing home will be required to abandon the existing septic system and connect to
the City wastewater system.
• "Maximize public services by prioritizing infill development of vacant and underdeveloped parcels
within the City over parcels on the fringe." (2.02.02)
Development of the subject infill parcel will maximize public services.
VI. STAFF ANALYSIS
A. ANNEXATION(AZ)
The Applicant proposes to annex 4.74 acres of land with an R-8 zoning district,which includes land to
the center line of the adjacent Eight Mile Lateral owned by NMID.A legal description and exhibit map
for the annexation area is included in Section VIILA. This property is within the City's Area of City
Impact boundary.
There is an existing home and some accessory structures on the site;the existing home is proposed to
remain on a lot in the proposed subdivision,the accessory structures will be removed. As a provision of
annexation,the existing home should connect to City water and sewer service within 60 days of it
becoming available and disconnect from private service,as set forth in MCC 9-1-4 and 9-4-8.
A preliminary plat and conceptual building elevations were submitted showing how the property is
proposed to develop with 16 new single-family detached dwellings and retention of the existing home
(see Section VIII). The proposed use and density of the development is consistent with the MDR FLUM
designation as noted above in Section V.
Single-family detached dwellings are listed as a principal permitted use in the R-8 zoning district per
UDC Table 11-2A-2.Future development is subject to the dimensional standards listed in UDC Table
11-2A-6 for the R-8 zoning district.
This property and the properties to the north and cast are enclaves surrounded by City annexed land with
existing and future single-family residential detached homes.As noted above in Section V,development
of infill properties is supported provided it doesn't negatively impact the abutting,existing development.
Because like uses(i.e. single-family detached residential)are proposed,the proposed development
should be compatible with adjacent uses and shouldn't negatively impact them. Removing a lot along the
west boundary and the south boundary as noted above in Section V should provide a better transition to
abutting lots and not negatively impact them.
Future development should be generally consistent with the development plans submitted with this
application and should comply with the conditions included in Section IX.
The City may require a development agreement(DA)in conjunction with an annexation pursuant to
Idaho Code section 67-6511A. If this property is annexed, Staff recommends a DA is required with
the provisions discussed herein and included in Section IX.A.
B. PRELIMINARY PLAT(PP):
The proposed preliminary plat consists of 17 building lots and 2 common lots on 4.14 acres of land in
the proposed R-8 zoning district(see Section VIILB). Proposed lots range in size from 4,245 square feet
(s.f) (or 0.10-acre)to 6,799 s.f. (or 0.16-acre)with a 34,706 square foot(or 0.80-acre)lot where the
existing home is proposed to remain. The subdivision is proposed to develop in one phase.
Existing Structures/Site Improvements: There is an existing home and accessory structures on this
site. The home is proposed to remain on a lot in the proposed subdivision;the accessory structures will
be removed. Prior to the City Engineer's signature on the final plat, all existing structures that do
not conform to the setbacks of the district are required to be removed.
Dimensional Standards (UDC 11-2): The proposed plat and subsequent development is required to
comply with the dimensional standards listed in UDC Table 11-2A-6 for the R-8 zoning district. The
proposed plat appears to comply with the dimensional standards of the district although a curve
table was not included on the plat to ensure compliance.Lot numbers in each block should be
consecutive; revise accordingly.
Access: Access is proposed via the extension of E. Richardson St.,a local street planned to stub to the
west boundary of the site with development of Teakwood Subdivision. Emergency access is proposed
via the driveway for the existing home at the cast boundary of the site from Victory Rd. era to the ne
thfough Lot T. Bollards are required to be placed across the emergency access driveway from
Victory Rd.,30 feet from the right-of-way of Victory Rd.,to prohibit public access; bollards shall
meet the Fire Dept. requirements as either knock over or two bollards with a heavy chain and
knox padlock.
ACHD is requiring right-of-way(ROW )to be dedicated(but the street not constructed) for the future
extension of Richardson St. from the cast side of Tamayo Ct. to the cast property line upon
redevelopment of the property to the east. This unimproved area may be landscaped if desired through a
license agreement with ACHD.
A local street(Tamayo Ct.)is proposed off Richardson St. to the south terminating in a cul-de-sac.No
other stub streets exist to this site that require extension and no other stub streets are required to be
provided to adjacent properties. The proposed dead-end street/cul-de-sac complies with the standards
listed in UDC 11-6C-3B.4.
The access for the existing home via an easement from Victory Rd. shall terminate and sole access
should be provided internally from Tamayo Ct.; emergency access only may be provided from this
driveway.The address for the existing home is required to change since access will no longer be
provided via Victory Rd.
Common Driveways(UDC 11-6C-3D : All common driveways are required to be designed and
constructed per the standards listed in UDC 11-6C-3D. Two(2)common driveways are proposed on the
plat.
All properties that abut a common driveway shall take access from the driveway; however,if an abutting
property(i.e. Lot 12)has the required minimum street frontage,that property is not required to take
access from the common driveway. In this situation,the abutting property's driveway shall be on the
opposite side of the shared property line; away from the common driveway. Solid fencing adjacent to
common driveways shall be prohibited,unless separated by a minimum five-foot wide landscaped buffer
planted with shrubs,lawn or other vegetative groundcover. " r- oa detail for-the eefmnen a,-i.ve ays
,
landseaping and or-ientatie*of the lots and stmetums.
A perpetual ingress/egress easement shall be filed with the Ada County Recorder,which shall include a
requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment. The
easement may be depicted on the plat with a note including the required specifications or in a separate
easement. If a separate easement is submitted, a copy of the recorded easement shall be submitted
prior to City Engineer signature on the final plat.
Landscaping(UDC 11-3B):No street buffers are required to be provided in this subdivision as only
local streets are proposed,which don't require buffers per UDC Table 11-2A-6.
Landscaping is required along all pathways per the standards listed in UDC 11-3B-12C; the landscape
plan should be revised to include landscaping along the micro-path in the common lot at the
southwest corner of the site and along the multi-use pathway along the northern portion of the east
boundary of the site. Calculations should be included demonstrating compliance with these
standards.
Landscaping is proposed in common open space areas in accord with the standards listed in UDC
11-3G5B.3.Include calculations on the plan that demonstrate compliance.
There are a lot of existing trees on this site,many of which are proposed to be preserved and protected as
depicted on the landscape plan. Mitigation is required for trees being removed from the site per the
standards listed in UDC 11-3B-10C.5 and should be depicted on the landscape plan.
The landscape plan incorrectly depicts an irrigation easement over the common lot at the east
boundary of the site; the plan should be revised to remove the easement.
Common Open Space&Site Amenities(UDC 11-3G-3): Common open space and site amenities are
required to be provided with development of properties of 5 acres or more in area per the standards listed
in UDC 11-3G-3. This site consists of 4.11 acres of land;therefore,minimum open space&site amenity
standards do not apply. A total of 0.27-acre (or 7%)of common open space is proposed consisting of a
0.18-acre common area with a 30' x 40' tot lot along the west boundary of the site with a pathway that
connects to common open in the abutting future development to the west(Teakwood subdivision)and
another 0.08-acre common lot on the northeast portion of the site.Additional common open space
(approximately 0.20-acre)will be provided with the provision of a common lot for the multi-use
pathway along the east boundary of the site.Total common open space provided within the development
will be approximately 0.55-acre(or 13.5%).
Pathways: The Pathways Master Plan depicts a multi-use pathway along the eastern boundary of this
site adjacent to the Eight Mile Lateral;the"working"version of the plan has been updated to depict the
pathway crossing the lateral at the existing bridge and then continuing to the south on the east side of the
lateral. The landscape plan should be revised to include a 10-foot wide multi-use pathway with a 5-
foot wide strip on each side of the pathway,landscaped per the standards listed in UDC 11-3B-
12C,in the common lot along the east boundary of the site on the portion of the site north of the
bridge; the common lot proposed to the south of the bridge is not needed and the area should be
absorbed into adjacent building lots.The pathway should be constructed per the standards listed
in UDC 11-3A-8.A 14-foot wide public pedestrian easement shall be submitted to the Planning
Division for the pathway prior to signature on the final plat by the City Engineer.
The Park's Dept. recommends the off-site bridge across the Eight Mile Lateral be widened or a
separate pedestrian bridge constructed to accommodate the 10-foot wide multi-use with NMID's
consent.
Sidewalks (11-3A-17): A 5-foot wide attached sidewalk is required along internal local streets as
proposed. Sidewalks and curbing are not required along common driveways; remove from the
plan.
Waterways: The Eight Mile Lateral runs off-site along the eastern boundary of the site within property
owned by Nampa-Meridian Irrigation District.
Fencing: All fencing is required to be comply with the standards listed in UDC 11-3A-6C and 11-3A-7.
A 6-foot tall closed vision fence is proposed along the perimeter boundary of the development and
around common open space areas visible from the street. A 4-foot tall open vision fence is proposed
adjacent to the multi-use pathway and canal along the east boundary of the site. A 6-foot tall open vision
fence (wrought iron) should be installed between the pathway and the lateral for public safety in accord
with the Park's Dept. comments in Section IX. A detail(s) of the proposed fencing should be included
on a revised landscape plan submitted with the final plat application.
The Applicant should coordinate with the adjacent developer of Teakwood Subdivision to the west
to provide a break in the fencing where the common areas adjoin to allow the connectivity between
developments and a larger overall open space area to be enjoyed by residents of both
developments.
Utilities (UDC 11-3A-21): Connection to City water and sewer services is required in accord with UDC
11-3A-21. The existing home proposed to remain on Lot 3,Block 2 is required to connect to City water
and sewer service within 60 days of it becoming available as set forth in MCC 9-1-4 and 9-4-8.
Street lighting is required to be installed in accord with the City's adopted standards, specifications and
ordinances.
Pressurized Irrigation System (UDC 11-3A-I5): Underground pressurized irrigation water is required
to be provided to each lot within the subdivision as set forth in UDC 11-3A-15.
Storm Drainage(UDC 11-3A-18):An adequate storm drainage system is required in all developments
in accord with the City's adopted standards,specifications and ordinances. Design and construction shall
follow best management practice as adopted by the City as set forth in UDC 11-3A-18. A geotechnical
report was submitted with this subdivision.
Building Elevations: Six(6)conceptual building elevation photos were submitted that demonstrate
what future homes in this development will look like (see Section MILE).A mix of single-story and 2-
story homes are proposed with a mix of building materials,including stone veneer accents,and
architectural elements. Future structures should be generally consistent with the proposed
elevations.
VIL DECISION
A. Staff:
Staff recommends approval of the proposed annexation with the requirement of a Development
Agreement,and preliminary plat per the provisions in Section IX in accord with the Findings in Section
X.
B. The Meridian Planning&Zoning Commission heard these items on February 16,2023. At the
public hearing,the Commission moved to recommend approval of the subject AZ and PP
requests.
1. Surnrnary of Commission public hearing:
a. In favor: Todd Lakey(applicant's Representative)
b. In opposition:None
C. Commenting: Mary DeChambeau
d. Written testimony: Delaine McLafferty—opposed the project due to traffic concerns
e. Staff presenting application: Bill Parsons
f Other Staff commenting on application: None
2. Ke, ids)of public testimony
a. None
3. Key issue(s)of discussion by Commission:
a. Transitional lots sizes on the west and south boundary.
b. Continued use of the vehicular bridge as a pedestrian bridge.
C. Relocating or eliminating one lot from taking access from the common driveway in the
southeast corner of the development.
4. Commission change(s)to Staff recommendation:
a. At Staffs request,include a provision in the DA as follows: "Construction traffic for the
re-development of this property shall access the site via the future extension of
Richardson Street: access via the existing easement from E. Victory Rd. is prohibited."
b. At Staffs request,include a preliminaa plat condition of approval for the final plat to
be amended consistent with the lot configurations depicted on the revised common
driveway exhibit in Section VIILD."
C. At the applicant's request,the Commission included a DA provison to limit the homes
on the southern lots to single story only.
d. Commission struck condition 2A removingthe he requirement to lose lots along the west
and south boundary.
e. Modified condition#10 -Coordinate with the Parks Department to determine if the
existing bridge can be used for a pedestrian crossing_
5. Outstandingissue(s) for City Council:
a. None
C. The Meridian City Council heard these items on March 21.2023.At the public hearing_the
Council moved to approve the subject AZ and PP requests.
1. Summary of the City Council public hearing:
a. In favor: Todd Lakev_Applicant's Representative
b. In opposition: None
C. Commenting: Monty Moaner:Mary DeChambeau
d. Written testimony: Monty Morner,Mary DeChambeau
C. Staff presenting application: Sonya Allen
f Other Staff commenting on application: Garrett White,Park's Dept.: Joe Bon9iorno
Fire Dept.
2. Key issue(s)of public testimony:
a. Historical issues between this property and the neighboring DeChambeau property in
regard to Ada County's previous approval of an access easement/road through their
property benefitting the subject property(i.e. irrigation,drainage, access road. etc.l_
b. Traffic concerns related to the proposed development:the access easement that exists
across the DeChambeau property that provides access to this property_ objecting to the
existing home remaining on the property because it doesn't fit in with the surrounding
neighborhood:request for the pathway along the northeast side of the development to
be fenced off from the waterway&the property to the east:the height of the homes
along the east boundary of the development don't fit with the rest of the neighborhood
and concerns pertaining to light impacts from the development on the property to the
east-
c. Fire Dept.testified they felt comfortable using the existing bridge for emergency access.
3. key issue(s)of discussion by City Council:
a. The pedestrian pathway and bridge required across the lateral:
b. Possibility of using the other access easement that exists to the west approved with the
Teakwood development for secondary access to this property rather than using the
existing one across the DeChambeau property and vacate the one across the
DeChambeau property.
4. City Council change(s)to Commission recommendation:
a. The Council added a DA provision requiring all homes within the development to be
fire nnklered unless an access easement can be provided that allows for emergency
access only to be provided across the DeChambeau property(see Section IX.A.IeI.
b. At the recommendation of Staff. Council added a DA provision at the recommendation
of Staff requiring a"no trespassing" sin to be installed at the end of the multi-use
pathway along the east boundary of the site that stubs to the DeChambeau property(see
Section IX.A.1-0.
VIIL EXHIBITS
A. Annexation Legal Description and Exhibit Map -Revised
ANNEXATION MILLWOOD SUB
EXHBITA
PROPERTY DESCRIPTION
A parcel of land lying in the NW 1/4 of the NW 1/4 of Section 29,Township 3 North, Range 1 East, Boise
Meridian,Ada County, Idaho, said parcel being more particularly described as follows:
Commencing at an aluminum cap marking the North 1/4 Corner of said Section 29;thence
N.89°49'00"W. along the North line of said Section 29 a distance of 1340.37 feet to a 5/8" iron pin;
thence S.00*01'15"W.a distance of 629.36 feet more or less to a to a point lying on the Centerline of
Eight Mile Lateral, said pin also being the POINT OF BEGINNING;
Thence 5.00°01'15"W.a distance of 390.73 feet to a 5/8" iron pin;
Thence N.73°02'00"W. a distance of 354.80 feet to a 5/8" iron pin;
Thence N.00"01'30"W. a distance of 791.62 feet more or less to a point on the Centerline of Eight Mile
Lateral;
Thence along the Centerline of Eight Mile Lateral S.37°58'06"E.a distance of 281.07 feet to a point;
Thence continuing along said centerline S.30`32'48"E. a distance of 328.43 feet to a point also being the
POINT OF BEGINNING.
Said parcel contains 4.74 acres, more or less, and is subject to all existing easements and rights-of-ways
of record or implied.
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EXHIBIT B
ANNEXATION FOR MILLWOOD SUB.
PORTION OF THE NW1/4 OF THE NW1/4, SECTION29,
TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN,
ADA COUNTY, IDAHO
CP&F NO. BASIS OF BEARINGS
2021-040321 VICTORY ROAD a�,4.
19 SE
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SECTION 29
CP&F NO. 2021-037427
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B. Preliminary Plat(dated: 2/10/23)
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Note: If the common lot to the east of Lot 4,Block 2 is removed, a greater setback may be required if a
wider easement is required along the subdivision boundary.
E. Conceptual Building Elevation Photos
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IX. CITY/AGENCY COMMENTS & CONDITIONS
A. PLANNING DIVISION
1. A Development Agreement(DA)is required as a provision of annexation of this property.Prior to
approval of the annexation ordinance,a DA shall be entered into between the City of Meridian,the
property owner(s)at the time of annexation ordinance adoption,and the developer.
Currently,a fee of$303.00 shall be paid by the Applicant to the Planning Division prior to
commencement of the DA. The DA shall be signed by the property owner and returned to the
Planning Division within six(6)months of the City Council granting the annexation. The DA shall,
at minimum,incorporate the following provisions:
a. Future development of this site shall be generally consistent with the preliminary plat,landscape
plan and conceptual building elevations included in Section VIII and the provisions contained
herein.
b. The existing home proposed to remain on a lot in the subdivision shall be required to connect to
City water and sewer service within 60 days of it becoming available and disconnect from
private service,as set forth in MCC 9-1-4 and 9-4-8.
c. Construction traffic for the re-development of this property shall access the site via the future
extension of Richardson Street: access via the existing_ easement from E. Victory Rd. is
prohibited.
d. The homes constructed on Lots 4-8, Block 1 shall be restricted to singlery only.
e. The Developer shall install fire sprinklers in all homes within the subdivision_igehtdigg excgnt
for the existing home: or,with submittal of the final plat application_ submit written
documentation that demonstrates the existing access easement via E. Victory Road across the
DeChambeau property(Parcel#51129120742)may be used for emergency access only for the
development—in this case_ fire sprinklers are not required for any of the units.
f. The Developer shall install a"no trespassing" sign at the end of the multi-use pathway along the
east boundary of the site that stubs to the DeChambeau property(parcel#S 11291207421.
2. The final plat shall include the following revisions:
a. Remove a minimtim of one (1)lot a4eng the west betmdai:y in the area be�ween Lots 6 9 Where
adjaeent
b. Right-of-way is required to be dedicated from the east side of Tamayo Ct.to the east property
line to allow for future construction of a stub street(Richardson St.).No improvements are
required in this area at this time,per the ACHD staff report(condition 92).
c. Remove the sidewalks and curbing along common driveways.
d. Include a curve table.
e. Revise lot numbers in each block to be consecutive.
f. Remove the common lot for the pathway along the eastern boundary of this site south of the
existing bridge as the pathway is planned to cross the bridge and continue off-site to the south.
This area can be absorbed by adjacent lots.
g Amend the plat consistent with the lot configurations depicted on the revised common drivewaX
exhibit in Section VIILD.
3. The landscape plan submitted with the final plat shall include the following revisions:
a. Revise the lot configuration as required in conditions 42a and 42f above.
b. Depict landscaping if desired in the right-of-way required to be dedicated for the future
extension of Richardson St. from Tamayo Ct. to the east property line no improvements are
required in this area). A license agreement will be required with ACHD for landscaping within
this area per the ACHD staff report(condition 42).
c. Depict a 10-foot wide multi-use pathway with a 5-foot wide strip on each side of the pathway in
the common lot along the northern portion of the east boundary of the site (north of the existing
bridge across the Eight Mile Lateral adjacent to Lots 1-3,Block 1 and Lot 3,Block 2),in accord
with the"working"version of the Pathways Master Plan,landscaped per the standards listed in
UDC 11-3B-12C.
d. Include mitigation calculations on the plan for existing trees that are proposed to be removed in
accord with the standards listed in UDC 11-3B-IOC.5.
e. Include calculations that demonstrate compliance with the common open space standards listed
in UDC 11-3G-5B.3 and the pathway standards listed in UDC 11-3B-12C.
f. Include a detail for each of the proposed fencing types and for the children's play equipment
proposed for the tot lot.
g. Remove the perimeter fencing along the west boundary of the common lot at the southwest
corner of the development where it adjoins common area in Teakwood Subdivision if the
Applicant is able to coordinate with the adjacent developer to arrange no fencing on that
development in the same area.
h. I the easement for the access road across the DeChambeau property(parcel#S 11291207421 is
determined eligible to be used for emergency access only and consent from the property owner
is obtained_Ddepict bollards across the emergency access driveway 30 feet from the right-of-
way of Victory Rd. to prohibit public access;bollards shall meet the Fire Dept. requirements as
either knock over or two bollards with a heavy chain and knox padlock.
i. Remove the irrigation easement depicted over the common lot along the east boundary of the
site as there is no easement over that area.
1 Depict a 6-foot tall open vision fence (wrought iron) fence between the pathway and the lateral
for public safety in accord with the Park's Dept. comments in Section IX.E.
4. The Applicant should coordinate with the adjacent developer of Teakwood Subdivision to the west
to provide a break in the fencing where the common areas adjoin to allow the connectivity between
developments and a larger overall open space area to be enjoyed by residents of both developments.
5. Prior to the City Engineer's signature on the final plat,all existing structures that do not conform to
the setbacks of the R-8 zoning district shall be removed.
6. The address for the existing home is required to change since access will no longer be provided from
E.Victory Rd. The Applicant should coordinate the new address with the Land Development Dept.
(trickskmeridiancioy org).
7. Access for the existing home shall be provided solely from internal local streets;the existing
driveway via E.Victory Rd. shall be used solely for emergency access.
8. Submit a 14-foot wide public pedestrian easement for the multi-use pathway required along the
northern portion of the east boundary of the site prior to City Engineer signature on the final plat.
9. All common driveways shall be designed and constructed per the standards listed in UDC 11-6C-3D
and shall be consistent with the exhibit in Section VIILD. Stibmit., detail f r eaeh Of the e0MMO
dFiveways with the final plat applieation that depiets the sethaeks, feneing,biiilding efwelepe
eeffiply with these standards-.
10. The applicant shall coordinate with the Parks Department to determine if the existing bridge can be
used as a pedestrian crossing The bridge across the Eight Mile Lateral shall be widened or a
separate pedestrian bridge constructed to accommodate the 10-foot wide multi-use pathway as
required by the Park's Dept.with the NMID's consent.
11.Approval of a preliminary plat shall become null and void if the applicant fails to obtain the city
engineer's signature on the final plat within two(2)years of the approval of the preliminary plat.
Upon written request and filing by the applicant prior to the termination of the period in accord with
subsections(A)and(B) of UDC 11-6B-7,the director may authorize a single extension of time to
obtain the city engineer's signature on the final plat not to exceed two(2)years. Additional time
extensions up to two (2)years as determined and approved by the City Council may be granted.
With all extensions,the director or City Council may require the preliminary plat,combined
preliminary and final plat or short plat to comply with the current provisions of this title.
B. PUBLIC WORKS
1. Site Specific Conditions of Approval
1.1 As per the Pre-con notes,applicant to provide water main to property boundary along this
southeast portion(need to provide to-and-through to 2015 E VICTORY RD).
1.2 Water mains are not allowed in common driveways.
1.3 Mains require 20'easement with no permanent structures which includes trees.
1.4 Provide hydrant or 4"blow-off at eastern property boundary.
2. General Conditions of Approval
2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works
Department,and execute standard forms of easements for any mains that are required to provide
service outside of a public right-of-way. Minimum cover over sewer mains is three feet,if cover
from top of pipe to sub-grade is less than three feet than alternate materials shall be used in
conformance of City of Meridian Public Works Departments Standard Specifications.
2.2 Per Meridian City Code (MCC),the applicant shall be responsible to install sewer and water
mains to and through this development. Applicant may be eligible for a reimbursement
agreement for infrastructure enhancement per MCC 8-6-5.
2.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public right
of way(include all water services and hydrants). The easement widths shall be 20-feet wide for
a single utility,or 30-feet wide for two. The easements shall not be dedicated via the plat,but
rather dedicated outside the plat process using the City of Meridian's standard forms. The
easement shall be graphically depicted on the plat for reference purposes. Submit an executed
easement(on the form available from Public Works),a legal description prepared by an Idaho
Licensed Professional Land Surveyor,which must include the area of the easement(marked
EXHIBIT A)and an 81/2"x I F map with bearings and distances(marked EXHIBIT B) for
review.Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO
NOT RECORD. Add a note to the plat referencing this document. All easements must be
submitted,reviewed,and approved prior to development plan approval.
2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water(MCC 9-1-28.C).The applicant should be required to use any existing surface or
well water for the primary source. If a surface or well source is not available,a single-point
connection to the culinary water system shall be required. If a single-point connection is utilized,
the developer will be responsible for the payment of assessments for the common areas prior to
prior to receiving development plan approval.
2.5 All existing structures that are required to be removed shall be prior to signature on the final plat
by the City Engineer. Any structures that are allowed to remain shall be subject to evaluation
and possible reassignment of street addressing to be in compliance with MCC.
2.6 All irrigation ditches,canals,laterals,or drains,exclusive of natural waterways,intersecting,
crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per
UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42-1207
and any other applicable law or regulation.
2.7 Any wells that will not continue to be used must be properly abandoned according to Idaho Well
Construction Standards Rules administered by the Idaho Department of Water Resources. The
Developer's Engineer shall provide a statement addressing whether there are any existing wells
in the development,and if so,how they will continue to be used,or provide record of their
abandonment.
2.8 Any existing septic systems within this project shall be removed from service per City
Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures
and inspections(208)375-5211.
2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated,
road base approved by the Ada County Highway District and the Final Plat for this subdivision
shall be recorded,prior to applying for building permits.
2.10 A letter of credit or cash surety in the amount of 110%will be required for all uncompleted
fencing,landscaping,amenities,etc.,prior to signature on the final plat.
2.11 All improvements related to public life, safety and health shall be completed prior to occupancy
of the structures.Where approved by the City Engineer,an owner may post a performance
surety for such improvements in order to obtain City Engineer signature on the final plat as set
forth in UDC 11-5C-3B.
2.12 Applicant shall be required to pay Public Works development plan review,and construction
inspection fees,as determined during the plan review process,prior to the issuance of a plan
approval letter.
2.13 It shall be the responsibility of the applicant to ensure that all development features comply with
the Americans with Disabilities Act and the Fair Housing Act.
2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting
that may be required by the Army Corps of Engineers.
2.15 Developer shall coordinate mailbox locations with the Meridian Post Office.
2.16 Compaction test results shall be submitted to the Meridian Building Department for all building
pads receiving engineered backfill,where footing would sit atop fill material.
2.17 The design engineer shall be required to certify that the street centerline elevations are set a
minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure
that the bottom elevation of the crawl spaces of homes is at least 1-foot above.
2.18 The applicants design engineer shall be responsible for inspection of all irrigation and/or
drainage facility within this project that do not fall under the jurisdiction of an irrigation district
or ACHD. The design engineer shall provide certification that the facilities have been installed
in accordance with the approved design plans. This certification will be required before a
certificate of occupancy is issued for any structures within the project.
2.19 At the completion of the project,the applicant shall be responsible to submit record drawings per
the City of Meridian AutoCAD standards. These record drawings must be received and
approved prior to the issuance of a certification of occupancy for any structures within the
project.
2.20 A street light plan will need to be included in the civil construction plans. Street light plan
requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy
of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272.
2.21 The City of Meridian requires that the owner post to the City a performance surety in the amount
of 125%of the total construction cost for all incomplete sewer,water and reuse infrastructure
prior to final plat signature. This surety will be verified by a line item cost estimate provided by
the owner to the City. The surety can be posted in the form of an irrevocable letter of credit,cash
deposit or bond. Applicant must file an application for surety,which can be found on the
Community Development Department website. Please contact Land Development Service for
more information at 887-2211.
2.22 The City of Meridian requires that the owner post to the City a warranty surety in the amount of
20%of the total construction cost for all completed sewer,water and reuse infrastructure for
duration of two years. This surety will be verified by a line item cost estimate provided by the
owner to the City. The surety can be posted in the form of an irrevocable letter of credit,cash
deposit or bond. Applicant must file an application for surety,which can be found on the
Community Development Department website. Please contact Land Development Service for
more information at 887-2211.
C. FIRE DEPARTMENT
https:llweblink.meridianciU.org/WebLinklDocView.aspx?id 286468&dbid 0&repo MeridianCity&cr
1
D. POLICE DEPARTMENT
No comments were submitted.
E. PARK'S DEPARTMENT-REVISED
hyps://weblink.meridiancity.orgj eRink/DocView.aspx?id 289312&dbid 0&repo Meridian City
F. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID)
https://weblink.meridiancity.org/WebLink/DocView.aspx?id 287221&dbid 0&repo Meridian City
G. WEST ADA SCHOOL DISTRICT(WASD)
No comments were submitted.
H. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ)
https:llweblink.meridiancity.orglWebLinkIDocView.aspx?id 287891&dbid O&repo MeridianCity&cr
1
L IDAHO TRANSPORTATION DEPARTMENT(ITD)
https://weblink.meridiancity.org/WebLink/DocView.aspxTid 287900&dbid 0&repo MeridianCiu
J. ADA COUNTY DEVELOPMENT SERVICES
https://weblink.meridiancity.oEgj ebLinkIDocView.aspxTid 288769&dbid O&repo MeridianCity
K. ADA COUNTY HIGHWAY DISTRICT(ACHD)
https://weblink.meridiancity.orglWebLinkIDocView.aspx?id 288769&dbid O&repo MeridianCiU
X. FINDINGS
A. Annexation and/or Rezone(UDC 11-5B-3E)
Required Findings: Upon recommendation from the commission,the council shall make a full
investigation and shall,at the public hearing,review the application. In order to grant an annexation
and/or rezone,the council shall make the following findings:
1. The map amendment complies with the applicable provisions of the comprehensive plan;
The City Council finds the Applicant's request to annex the subject property with R-8 zoning and
develop single-family detached dwellings on the site at a gross density of 4.14 units per acre is
consistent with the density desired in the MDR designation for this property.
2. The map amendment complies with the regulations outlined for the proposed district, specifically the
purpose statement;
The City Council finds the proposed map amendment to R-8 and development generally complies
with the purpose statement of the residential districts in that it will contribute to the range of
housing opportunities available in the City consistent with the Comprehensive Plan.
3. The map amendment shall not be materially detrimental to the public health, safety,and welfare;
The City Council finds the proposed map amendment should not be detrimental to the public health,
safety and welfare as the proposed residential uses should be compatible with adjacent single-family
residential homes/uses in the area.
4. The map amendment shall not result in an adverse impact upon the delivery of services by any
political subdivision providing public services within the city including,but not limited to, school
districts; and
The City Council finds City services are available to be provided to this development. Comments
were not received from WASD on this application so Staff is unable to determine impacts to the
school district.
5. The annexation(as applicable)is in the best interest of city.
The City Council finds the proposed annexation is in the best interest of the city.
B. Preliminary Plat(UDC 11-613-6)
In consideration of a preliminary plat,combined preliminary and final plat,or short plat,the decision-
making body shall make the following findings: (Ord. 05-1170, 8-30-2005,eff. 9-15-2005)
1. The plat is in conformance with the comprehensive plan and is consistent with this unified
development code; (Ord. 08-1372, 7-8-2008,eff. 7-8-2008)
The City Council finds the proposed plat is generally in conformance with the UDC and the
Comprehensive Plan.
2. Public services are available or can be made available and are adequate to accommodate the
proposed development;
The City Council finds public services can be made available to the subject property and will be
adequate to accommodate the proposed development.
3. The plat is in conformance with scheduled public improvements in accord with the city's capital
improvement program;
The City Council finds the plat is in conformance with scheduled public improvements for this area
in accord with the City s CIP.
4. There is public financial capability of supporting services for the proposed development;
The City Council finds there is public financial capability of supporting services for the proposed
development.
5. The development will not be detrimental to the public health, safety or general welfare; and
The City Council finds the proposed development will not be detrimental to the public health, safety
or general welfare.
6. The development preserves significant natural, scenic or historic features. (Ord. 05-1170, 8-30-2005,
eff. 9-15-2005)
The City Council is unaware of any significant natural, scenic or historic features that need to
be preserved with this development.