Z - Recorded DA ADA COUNTY RECORDER Trent Tripple 2023-023846
BOISE IDAHO Pgs=45 CHE FOWLER 04/26/2023 08:04 AM
CITY OF MERIDIAN, IDAHO NO FEE
DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. Blackcatl 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
Blackcatl LLC, whose address is 1979 N. Locust Grove Rd., Meridian, ID, 83646, hereinafter called
OWNER/DEVELOPER.
I. 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 have submitted an application for annexation and
zoning of approximately 20.5 acres of land from the RUT(Rural-Urban Transition)
zoning district to the R-15 (Medium High-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
DEVELOPMENT AGREEMENT—HADLER NEIGHBORHOOD(H-2022-0064) PAGE 1 OF 7
1.7 WHEREAS, on the 13'h day of December, 2022, the Meridian City Council
approved certain Findings of Fact and Conclusions of Law and Decision and Order
("Findings"), which have been incorporated into this Agreement and attached as
Exhibit"B"; and
1.8 WHEREAS, the Findings require the Owner/Developer to enter into a
Development Agreement before the City Council takes final action on final plat;
and
1.9 WHEREAS, Owner/Developer deem it to be in its best interest to be able to enter
into this Agreement and acknowledges that this Agreement was entered into
voluntarily and at its urging and request; and
1.10 WHEREAS, City requires the Owner/Developer to enter into a development
agreement for the purpose of ensuring that the Property is developed and the
subsequent use of the Property is in accordance with the terms and conditions of
this Agreement,herein being established as a result of evidence received by the City
in the proceedings for zoning designation from government subdivisions providing
services within the planning jurisdiction and from affected property owners and to
ensure zoning designation 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 Blackcatl LLC,whose address is
1979 N. Locust Grove Rd., Meridian, Idaho, 83646, hereinafter called
OA NER/DEVELOPER, the parry 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.
DEVELOPMENT AGREEMENT-HADLER NEIGHBORHOOD(H-2022-0064) PAGE 2 OF 7
4.1 The uses allowed pursuant to this Agreement are only those uses allowed under the
UDC.
4.2 No change in the uses specified in this Agreement shall be allowed without
modification of this Agreement.
5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY:
5.1. Owner/Developer shall develop the Property in accordance with the following
special conditions:
a. Future development of this site shall be substantially consistent with the
approved plat, landscape plan, phasing plan, common drive exhibits, and
conceptual building elevations included in Section VII and the provisions
contained herein.
b. The existing home and outbuildings shall be removed upon phase I
development, as proposed.
C. The rear and/or sides of homes visible from S. Locust Grove and E. Via
Roberto Lane (Lots 2-27, Block 1 &Lots 2-24, Block 3) shall incorporate
articulation through changes in two or more of the following: modulation
(e.g., projections, recesses, step-backs, pop-outs), bays, banding, porches,
balconies,material types,or other integrated architectural elements to break
up monotonous wall planes and roof lines that are visible from the subject
public street. Single-story structures are exempt from this requirement.
6. COMPLIANCE PERIOD This Agreement must be fully executed within six(6)months
after the date of the Findings for the annexation and zoning or it is null and void.
7. DEFAULT/CONSENT TO DE-ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
7.1 Acts of Default. In the event Owner/Developer, or Owner/Developer's heirs,
successors, assigns, or subsequent owners of the Property or any other person
acquiring an interest in the Property, fail to faithfully comply with all of the terms
and conditions included in this Agreement in connection with the Property, this
Agreement may be terminated by the City upon compliance with the requirements
of the Zoning Ordinance.
7.2 Notice and Cure Period. In the event of Owner/Developer's default of this
agreement, Owner/Developer shall have thirty (30) days from receipt of written
notice from City to initiate commencement of action to correct the breach and cure
the default,which action must be prosecuted with diligence and completed within
one hundred eighty (180) days; provided, however, that in the case of any such
default that cannot with diligence be cured within such one hundred eighty(180)
day period, then the time allowed to cure such failure may be extended for such
period as may be necessary to complete the curing of the same with diligence and
continuity.
DEVELOPMENT AGREEMENT-HADLER NEIGHBORHOOD(H-2022-0064) PAGE 3 OF 7
7.3 Remedies.hi 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. hi 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 annexation and
zoning of the Property by the City Council.If for any reason after such recordation,the City
Council fails to adopt the ordinance in connection with the annexation and zoning of the
Property contemplated hereby,the City shall execute and record an appropriate instrument
of release of this Agreement.
10. ZONING: City shall,following recordation of the duly approved Agreement,enact a valid
and binding ordinance zoning the Property as specified herein.
DEVELOPMENT AGREEMENT-HADLER NEIGHBORHOOD(H-2022-0064) PAGE 4 OF 7
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 11 above.
13. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agree to abide by all
ordinances of the City of Meridian unless otherwise provided by this Agreement.
14. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be
deemed delivered if and when personally delivered or three (3) days after deposit in the
United States Mail,registered or certified mail,postage prepaid,return receipt requested,
addressed as follows:
CITY: with copy to:
City Clerk City Attorney
City of Meridian City of Meridian
33 E. Broadway Ave. 33 E. Broadway Avenue
Meridian, Idaho 83642 Meridian, Idaho 83642
OWNER/DEVELOPER:
Blackcatl LLC
1979 N. Locust Grove Rd.
Meridian, ID 83646
14.1 A party shall have the right to change its address by delivering to the other party a
written notification thereof in accordance with the requirements of this section.
15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto
concerning this Agreement, the prevailing party shall be entitled, in addition to any other
relief as may be granted, to court costs and reasonable attorney's fees as determined by a
Court of competent jurisdiction. This provision shall be deemed to be a separate contract
between the parties and shall survive any default, termination or forfeiture of this
Agreement.
16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is
strictly of the essence with respect to each and every term,condition and provision hereof,
and that the failure to timely perform any of the obligations hereunder shall constitute a
breach of and a default under this Agreement by the other party so failing to perform.
17. BINDING UPON SUCCESSORS:This Agreement shall be binding upon and inure to the
benefit of the parties' respective heirs, successors, assigns and personal representatives,
including City's corporate authorities and their successors in office. This Agreement shall
be binding on the Owner/Developer,each subsequent owner and any other person acquiring
an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the
Property, or portions thereof, except that any sale or alienation shall be subject to the
DEVELOPMENT AGREEMENT-HADLER NEIGHBORHOOD(H-2022-0064) PAGE 5 OF 7
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 annexation and
zoning of the subject Property herein provided for can be modified or amended
without the approval of the City Council after the City has conducted public
hearing(s) in accordance with the notice provisions provided for a zoning
designation and/or amendment in force at the time of the proposed amendment.
22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date
the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in
connection with the annexation and zoning of the Property and execution of the Mayor and
City Clerk.
[end of text; acknowledgements, signatures and Exhibits A and B follow]
DEVELOPMENT AGREEMENT-HADLER NEIGHBORHOOD(H-2022-0064) PAGE 6 OF 7
ACI{NOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement and made it
effective as hereinabove provided.
OWNER/DEVELOPER:
Blackcatl LLC
6- , —LL===
By: S 1XCrCu•�
Its: r„v�e�
STATE OF IDAHO ) j
ss:
County of Ada )
On this day of e , 2023,before me,the undersigned, a Notary Public in and for said State,
personally appeared ,known or identified to me to be the M.9 of
Blackcatl LLC and the person who signed above and acknowledged to me that he executed the same.
•atn
IN WITNES��10I ]q6 "i4 a hereunto set my hand and affixed my official seal the ay and year in this certificate
first above written. Cj
��• •...•.. � ••, /
t typTAR y ••
j(SEjL) ~'� ; Notary Public
AUBLIG�i' ; My Commission Expires: -
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CITY OF MERIDIAN ATTEST:
By:
Mayor Robert E. Simison 4-25-2023 Chris Johnson, City Cleric 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,ofthe 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:—a-28-202g
DEVELOPMENT AGREEMENT—HADLER NEIGHBORHOOD(H-2022-0064) PAGE 7 OF 7
EXHIBIT A
IDAHO 9955 W Emerald St
SURVEY Boise, ID 83704
15G GROUP Phone: (208) 846-8570
Fax: (208) 884-5399
Hadler Subdivision
Annexation Description
Project Number 21-360 July 13, 2022
Lot 1, Block 1 of Rescue Ranch Subdivision(Book 106 of Plats at Pages 14734 through 14736,
records of Ada County, Idaho), and a portion of the adjacent public right-of-way of S. Locust
Grove Road, situated in the north half of the southwest quarter of Section 5,Township 2 North,
Range 1 East, Boise Meridian,Ada County, Idaho, and being more particularly described as
follows:
Commencing at southwest corner of Section 5,Township 2 North, Range 1 East, Boise Meridian;
Thence N00°04'42"W, 2655.92 feet to the west quarter-section corner of Section 5,the POINT OF
BEGINNING:
Thence S89°52'50"E, 37.00 feet along the east-west centerline of Section 5 to the east
line of S. Locust Grove Road and the northwest corner of Lot 1;
Thence continuing S89°52'50"E, 1618.16 feet along the boundary of Lot 1;
Thence S00°04'42"E, 335.88 feet along the boundary of Lot 1;
Thence 12.01 feet on a non-tangent curve to the left having a radius of 225.00 feet, a
central angle of 03°03'27",a chord bearing of N88°20'52"W, and a chord length of 12.01
feet along the boundary of Lot 1;
Thence N89°52'36"W, 313.32 feet along the boundary of Lot 1;
Thence 143.71 feet on a curve to the left having a radius of 125.00 feet, a central angle of
65°52'19",a chord bearing of S57°11'14"W, and a chord length of 135.93 feet along the
boundary of Lot 1;
Thence S24°15'05"W, 307.54 feet along the boundary of Lot 1;
Thence 75.80 feet on a curve to the right having a radius of 50.00 feet,a central angle of
86°51'39", a chord bearing of S67°40'54"W, and a chord length of 68.75 feet along the
boundary of Lot 1;
Thence N68°53'16"W, 342.09 feet along the boundary of Lot 1;
Thence N89°52'36"W, 669.21 feet along the boundary of Lot 1 to the east right-of-way
line of S. Locust Grove Road;
Thence S89°55'18"W, 37.00 feet to the west line of Section 5;
Thence N00°04'42"W, 593.86 feet along the west line of
Section 5 to the POINT OF BEGINNING.
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The above-described parcel contains 20.51 acres, more or less. �� p
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IL 4 ;X3 L1 S89'52'50"E 37.00' C1 12.01' 225.00' 3'03'27" N88'20'52"W 12.01'
17(i L2 S89'55'18"W 37.00' C2 143.71' 125.00' 65'52'19" S57'11'14"W 135.93'
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C3 75.80' 50.00' 86'51'39" S67'40'54"W 68.75'
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NP:\H—Suedi—m Topo 21-360\dwq\21-360 Hadley E.hibit-Annesati—dwq 7/13/2022 e:36:36 PM
Scale: 1"=200' IDAHO Exhibit ___ Drawing for 2b No.
0 50 100 200 400 SURVEY 60
sOISE.MAewS" Hadler Subdivision Annexation Sheet No.
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GROUP, LLC Situated in the North Half of the Southwest Quarter of Section 5, Dwg. Date
T.214., RAE., B.M., Ada County, Idaho. 7/13/2022
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Hadler Subdivision Annexation Closure 7/13/2022
Scale: 1 inch= 250 feet File:
Tract 1:20.5051 Acres,Closure:n51.0146e 0.01 ft.(1/524069),Perimeter=4486 ft.
01 s89.5250e 37 10 n89.5236w 669.21
02 s89.5250e 1618.16 11 s89.5518w 37
03 s00.0442e 335.88 12 n00.0442w 593.86
04 Lt,r=225.00,delta=003.0327,chord=n88.2052w 12.01
05 n89.5236w 313.32
06 Lt,r=125.00,delta=065.5219,chord=s57.1114w 135.93
07 s24.1505w 307.54
08 Rt,r=50.00,delta=086.5139,chord=s67.4054w 68.75
EXHIBIT B
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW (2zh-
AND DECISION& ORDER
In the Matter of the Request for Annexation of 20.5-Acres of Land with a R-15 'Zoning District; and
Preliminary Plat Consisting of 144 Building Lots and Eleven (11) Common Lots on 20-Acres of
Land for the Hadler Subdivision,by Conger Group.
Case No(s). H-2022-0064
For the City Council Hearing Date of. December 6,2022 (Findings on December 13, 2022)
A. Findings of Fact
1. Hearing Facts(see attached Staff Report for the hearing date of December 6, 2022, incorporated
by reference)
2. Process Facts(see attached Staff Report for the hearing date of December 6, 2022,incorporated
by reference)
3. Application and Property Facts(see attached Staff Report for the hearing date of December 6,
2022, incorporated by reference)
4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing
date of December 6, 2022, incorporated by reference)
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the"Local Land Use
Planning Act of 1975,"codified at Chapter 65,Title 67,Idaho Code(I.C. §67-6503).
2. The Meridian City Council takes judicial notice of its Unified Development Code codified as
Title 11 Meridian City Code, and all current zoning maps thereof.The City of Meridian has,by
ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian,
which was adopted December 17,2019, Resolution No. 19-2179 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A.
4. Due consideration has been given to the comment(s)received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not impose
expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Decision, which shall be
signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant,the
Community Development Department,the Public Works Department and any affected party
requesting notice.
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR HADLER SUBDIVISION H-2022-0064 - 1 -
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of December 6,2022,incorporated by reference. The conditions are concluded to be
reasonable and the applicant shall meet such requirements as a condition of approval of the
application.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon
the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that:
1. The applicant's request for annexation and zoning and preliminary plat is hereby approved with
the requirement of a development agreement per the provisions in the Staff Report for the
hearing date of December 6, 2022, attached as Exhibit A.
D. Notice of Applicable Time Limits
Notice of Preliminary Plat Duration
Please take notice that approval of a preliminary plat, combined preliminary and final plat, or
short plat shall become null and void if the applicant fails to obtain the city engineer's signature
on the final plat within two (2)years of the approval of the preliminary plat or the combined
preliminary and final plat or short plat(UDC 11-6B-7A).
In the event that the development of the preliminary plat is made in successive phases in an
orderly and reasonable manner, and conforms substantially to the approved preliminary plat,
such segments, if submitted within successive intervals of two(2)years,may be considered for
final approval without resubmission for preliminary plat approval(UDC 11-6B-7B).
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11-6B-7.A, the Director may authorize a single extension of time to obtain the City
Engineer's signature on the final plat not to exceed two (2)years. Additional time extensions up
to two(2)years as determined and approved by the City Council may be granted. With all
extensions,the Director or City Council may require the preliminary plat, combined
preliminary and final plat or short plat to comply with the current provisions of Meridian City
Code Title 11. If the above timetable is not met and the applicant does not receive a time
extension, the property shall be required to go through the platting procedure again(UDC 11-
6B-7C).
Notice of Development Agreement Duration
The city and/or an applicant may request a development agreement or a modification to a
development agreement consistent with Idaho Code section 67-6511A. 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 HADLER SUBDIVISION H-2022-0064 -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 § 67-6521(1)(a), an affected person aggrieved by this final decision may,within twenty-eight
(28)days after all remedies have been exhausted, including requesting reconsideration of this final
decision as provided by Meridian City Code § 1-7-10, seek judicial review of this final decision as
provided by chapter 52,title 67,Idaho Code.This notice is provided as a courtesy; the City of
Meridian does not admit by this notice that this decision is subject to judicial review under LLUPA.
F. Notice of Right to Regulatory Takings Analysis
Pursuant to Idaho Code §§ 67-6521(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 December 6, 2022
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR HADLER SUBDIVISION H-2022-0064 -3-
By action of the City Council at its regular meeting held on the 13th day of December
2022.
COUNCIL PRESIDENT BRAD HOAGLUN VOTED AYE
COUNCIL VICE PRESIDENT JOE BORTON VOTED AYE
COUNCIL MEMBER JESSICA PERREAULT VOTED AYE
COUNCIL MEMBER LUKE CAVENER VOTED AYE
COUNCIL MEMBER TREG BERNT VOTED AYE
COUNCIL MEMBER LIZ STRADER VOTED AYE
MAYOR ROBERT SIMISON VOTED
(TIE BREAKER)
Mayor Robert E. Simi on 12-13-2022
Attest:
z �ac,
Chri .fo nson 12-` . ., °`_2
City Clerk
Copy served upon Applicant,Community Development Department,Public Works Department and City
Attorney.
By: � � �' ;�`�� ,� '�(�` � ,} Dated:
12-13-2022
City Clerk's Office -
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR HADLER SUBDIVISION H-2022-0064 -4-
STAFF REPORT C��
W IDIAN---
COMMUNITY DEVELOPMENT DEPARTMENT f+H O
HEARING 12/6/2022
DATE: Legend
1171Project Location
TO: Mayor&City Council
FROM: Joe Dodson,Associate Planner
208-884-5533
a
SUBJECT: H-2022-0064 -
Hadler Neighborhood r'
LOCATION: Located at 7200 S. Locust Grove Road, �`j
approximately 1/2 mile south of the
Locust Grove and Lake Hazel
intersection on the east side of Locust ;
Grove,in the N 1/2 of the SW 1/4 of ----------- -- a
Section 5,Township 2N,Range IE.
L PROJECT DESCRIPTION
Request for Annexation and Zoning of approximately 20.5 acres of land from RUT to the R-15 zoning
district and a Preliminary Plat consisting of 445 144 building lots(52 single-family attached lots& 923
detached single-family lots)and 11 common lots on approximately 20 acres of land in the requested R-15
zoning district,by Laren Bailey,Conger Group.
IL SUMMARY OF REPORT
A. Project Summary
Description Details Page
Acreage AZ—20.5 acres; PP—20 acres
Future Land Use Designation Medium Density Residential(MDR,up to 3-8 du/ac)
Existing Land Use(s) County residential
Proposed Land Use(s) Detached Single-family Residential and Attached
Single-family Residential
Lots (#and type; 156 total lots—445 144 residential building lots and
bldg./common) 11 common lots
Phasing Plan(4 ofphases) Proposed as two(2)phases
Number of Residential Units 4-45 144 single-family units(52 attached, 923
detached)
Density Gross—7.25 du/ac.
Open Space (acres, total Approximately 3.5 acres of open space proposed
/buffer/ ualified (approximately 17.5%
Amenities Four(4)qualifying amenities are proposed worth 11
amenity points—picnic area,playground,a water
feature (fountain),and multi-use pathway segments.
Description Details Page
Neighborhood meeting date July 21, 2022
History(previous approvals) No application history with the City
B. Community Metrics
Description Details Page
Ada County Highway
District
• Staff report(yes/no) Yes
• Requires ACHD No
Commission Action
(yes/no)
Access Access is proposed via new local street connections to E.Via Roberto Lane,a
(Arterial/Collectors/State new collector street along the entire north boundary. Via Roberto connects to S.
Hwy/Local)(Existing and Locust Grove (arterial street)at the northwest corner of the property. This
Proposed) collector street is not yet constructed; the adjacent developer(Brighton)is
approved to construct this collector with their project(Apex Southeast)to the
north of the subject site.
Stub No existing stub streets. Applicant is proposing two stub streets with this
Street/Interconnectivity/Cross project; one to the northeast corner and one to the southern boundary.
Access
Existing Road Network No
Capital Improvements Lake Hazel Road is scheduled in the IFYWP to be widened to 5-lanes from Locust Grove
Plan/Integrated Five Year Road to Eagle Road in 2022.
Work Plan Eagle Road is scheduled in the IFYWP to be widened to 5-lanes from Lake Hazel Road to
Amity Road and includes a roundabout at the Eagle Road and Taconic Drive intersection in
2024.
The intersection of Lake Hazel Road and Eagle Road is scheduled in the IFYWP to be
widened to 5-lanes on the north leg,4-lanes on the south leg, 3-lanes on the west leg and 4-
lanes on the east leg and signalized in 2023.
Lake Hazel Road is listed in the CIP to be widened to 5-lanes from SH-69 to Locust Grove
Road between 2036 and 2040.
Fire Service
• Distance to Fire 4.1 miles from Fire Station 44—within 1 mile of Fire Station 47, currently
Station under construction.
• Fire Response Time The project currently lies outside of the Meridian Fire response time goal of 5
minutes. It will be within the response time goal once Station#7 is
constructed in summer of 2023.
• Accessibility Proposed project meets all required road widths and turnaround dimensions
including a secondary emergency access to construct more than 30 homes.
Water&Wastewater
• Impacts/Concerns See Public Works Site Specific Conditions in Section VIII.
NOTE: Water and Sewer are currently not available and must be provided
to project by adjacent development to the north,Apex Southeast,but the
third and final phase of Apex Southeast is approved.
C. Project Area Maps
Future Land Use Map Aerial Map
Legend0
® Project Location -
Med-High
DISCOVERY
PARR
MU-C,__
Densitly
Residential
EB Civic
l
Density
esidential
Low Density
Residential
s COI
Zoning Map Planned Development Map
Legend R-4P 0 Legend
Project Location R 8 ,
R=I5 Project Location
R 40 ; City Limits
R-•1.5
u 4
Planned Parcels
RUT C-C R-8 � '•,
R-8
R-4 R-2 ------- ,
R-8 �®
R-4 RUT
I
RUT
RR—R•1 RR RUT RR +-------------- e
III. APPLICANT INFORMATION
A. Applicant:
Laren Bailey,Conger Group—4824 W.Fairview Avenue,Boise,ID 83706
B. Property Owner:
Blackcatl LLC— 1979 N. Locust Grove,Meridian,ID 83646
C. Representative:
Same as Applicant
IV. NOTICING
Planning& Zoning City Council
Posting Date Posting Date
Newspaper Notification 10/19/2022 11/20/2022
Radius notification mailed to
properties within 500 feet 10/13/2022 11/17/2022
Site Posting 10/21/2022 11/18/2022
Nextdoor posting 10/13/2022 11/18/2022
V. STAFF ANALYSIS
A. Future Land Use Map Designation(https://www.meridiancity.or /cpp Ian
)
Medium Density Residential (MDR)—This designation allows for dwelling units at gross
densities of three to eight dwelling units per acre. Density bonuses may be considered with the
provision of additional public amenities such as a park, school,or land dedicated for public
services.
The subject 20 acres currently contains a large home and other outbuildings with access being
from a private driveway to Locust Grove in the location of the future Via Roberto Lane. The
subject site is abutted by an arterial street to the west, S.Locust Grove, and a future collector
street along the north, E. Via Roberto Lane.Access to the site is proposed via a new local street
access to Via Roberto in alignment with an approved access on the north side of the street within
Apex Southeast Subdivision. Abutting the property to the east and south are large county parcels
that share the same future land use designation of MDR. The City's newest park,Discovery Park,
abuts the property at the northeast corner of the site offering close proximity to one of the largest
parks in Meridian.
The Applicant is proposing 145 building lots on 20 acres of land within the R-I S zoning district
which constitutes a gross density of 7.25 units per acre, near the maximum density allowed within
the MDR designation. For comparison, the adjacent project to the north,Apex Southeast(H-
2020-0057), was approved with approximately 3.7 du/ac and an average lot size of
approximately 7,000 square feet, compared to 3,600 square foot average lot size within this
development. Staff notes these development facts of the adjacent project because it shares the
same future land use designation of MDR but also includes an area of mixed-use designation
while proposing a less dense project.It should be noted that the Applicant is proposing new
housing types for this area of this City and is proposing a higher open space percentage for the
project than what was proposed with Apex Southeast.
The adjacent county parcels to the south and east do not contain a residence and instead are
used as pasture for rescued horses. Because of this,Staff does not find it necessary for this
Applicant to transition the housing density adjacent to these properties.However,Staff does
have concerns with the proposed street layout in regards to the stub street locations. The
Applicant is proposing a stub street near the north east corner of the property which is a logical
and needed location. The Applicant is also proposing a stub street to the south boundary for
future connectivity that Staff does not have concern with. Staff is concerned with the existing
property layout of the adjacent county parcels in relation to the proposed stub streets.
Specifically,Staff believes an additional stub street should be added along the southeast
boundary in place of Lots 28&29,Block 2.Adding this stub street will provide for two stub
streets to properties currently owned by the same entity and will not force future road
development to avoid such a long stretch ofproperty line without an intersecting street.
In addition to vehicular connectivity, the Comprehensive Plan desires safe and adequate
pedestrian connectivity through and between developments and to-and-from public spaces, like
Discovery Park to the northeast. The proposal to include a micro path from an internal local
street to Via Roberto, the collector street along the north boundary,is consistent with the
Comprehensive Plan.In alignment with this, the noted revision to add a stub street in this
location would also allow for better pedestrian connectivity in this area of the site from the
southeast through this development and up to Discovery Park. Furthermore, it allows for the
noted open space lot(Lot 30,Block 2)to be fronted by two public streets to increase its visibility
and remove the additional concern of this area being a remnant area tucked away in a corner
behind building lots. The Comprehensive Plan has specific policies related to these types of
design elements(see 4.11.03) that support Staffs position.
This revision would add both a vehicular and a pedestrian connection between future
subdivisions when the properties to the east and south redevelop—Staff has met with the owner
of the property to the southeast and they have a desire to include connectivity and open space
adjacent to the noted open space of this subject project so Staff finds it even more prudent to
include this stub street in this area.
It is also important to note the Applicant is proposing two housing types within the Hadler
Neighborhood project, single-family detached and single-family attached(two units attached
but on separate building lots). The addition of different lot sizes and housing types is a plus for
this project and this general area as it introduces a different housing type in this area of the
City.However,Staff has some concerns with parking because of the combination of the
proposed density, that most of the proposed building lot frontages are relatively small(32-38
feet wide) when a 20 foot wide driveway is presumed for each lot, and because the Applicant is
proposing a 27 foot wide section that allows parking on only one side of the street and not
both. The Commission or Council should determine if a solution is needed and if so, one
option that could help is to require a wider minimum lot frontage than what is currently being
proposed.At a minimum, the Applicant should provide a parking exhibit showing where guest
parking could occur for this development and quell any concerns of a street section allowing
on-street parking on one side versus both sides.
With Staffs recommended revisions,Staff finds the proposed project to be generally consistent
with the Comprehensive Plan, as discussed above. Specific Comprehensive Plan policies are
discussed and analyzed below.
The City may require a development agreement(DA)in conjunction with an annexation and
rezone pursuant to Idaho Code section 67-6511A.In order to ensure the site develops as
proposed with this application, Staff recommends a DA that encompasses the land proposed to be
annexed and zoned with the provisions included in Section VII1.A1. The DA is required to be
signed by the property owner(s)/developer and returned to the City within 6 months of the
Council granting the rezone and annexation approval.A final plat will not be accepted until the
DA is executed and the AZ ordinance is approved by City Council.
B. Comprehensive Plan Policies (https://www.meridiancity.or /�pplan):
In alignment with the discussion above, Staff finds the following Comprehensive Plan policies
applicable to this project; additional staff analysis to the specific policy may be warranted and is
in italics:
• "Establish and maintain levels of service for public facilities and services,including
water, sewer,police,transportation, schools,fire,and parks" (3.02.01G). City water&
sewer are not currently available to the site;both sewer and water must be made
available to this site by the developer of Apex Southeast to the north. Public works has
discussed the requirements and outlined the path to receiving services in the Public
Works specific conditions in Section VIII.B. Fire Station #7 will be within %mile of
the project and the project will be located wholly within the response time goal of the
City—Station #7 is slated to be completed in later Summer 2023.
The subject site lays within the Kuna School District and not the West Ada School
District. City Staff reached out to the Kuna School District for the purpose of obtaining
a response to this project as they have not opted into our automatic transmittals.
According to this interaction between Staff, all of their schools are over capacity and
they have stated they cannot accommodate additional school-aged children.However,
Kuna School District Staff have not submitted any formal comments and Staff is not
aware of development slowing in Kuna due to these school capacity issues. The subject
site is within walking distance of Discovery Park to the northeast which provides for a
multitude of recreation opportunities.
Stafffinds that the existing and planned development of the immediate area create
appropriate conditions for levels of service to and for this proposed project.
• "Encourage a variety of housing types that meet the needs,preferences,and financial
capabilities of Meridian's present and future residents." (2.01.02D).
• "With new subdivision plats,require the design and construction of pathways
connections,easy pedestrian and bicycle access to parks, safe routes to schools,and the
incorporation of usable open space with quality amenities." (2.02.01A).
• "Ensure that new development within existing residential neighborhoods is cohesive and
complementary in design and construction." (2.02.02F).
• "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).
• "Elevate and enhance the quality and connectivity of residential site and subdivision
planning." (2.02.01).
• "Support construction of multi-use facilities that can be used by both schools and the
community." (2.03.0113).
• "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).
• "Ensure that new development and subdivisions connect to the pathway system."
(4.04.01A). The Applicant is proposing regional pathways along its west and north
boundaries to total approximately 2,212 linear feet of pathway(nearly half a mile).
• "Provide options for passive recreational opportunities not typically supplied by parks
and facilities such as jogging,walking,and bicycling." (4.04.0113).Applicant is
proposing micro paths within the large central open space that have efficient access to
the proposed regional pathway network around the perimeter of the project creating
ample opportunity for these passive recreational elements.
• "Work with public and private development and management groups to promote and
implement Crime Prevention through Environmental Design(CPTED)strategies."
(4.11.03).For the most part, Staff finds the project complies with this policy. The
exception is the noted area along the southeast boundary(Lot 30, Block 2) that Staff is
recommending be opened up more and be fronted by two public streets by adding an
additional stub street to the southeast boundary. Currently, this area is largely tucked
behind buildable lots which decreases its visibility from the public street, an integral
point OPTED strategies aim to alleviate.If the Applicant replaces Lots 28&29 with a
stub street and slightly increases the green space, this issue is resolved.
• "Require new development to establish street connections to existing local roads and
collectors as well as to underdeveloped adjacent properties." (6.01.02C).
Staff finds the aforementioned analysis and policies in general makes the project consistent
with the Comprehensive Plan.
C. Existing Structures/Site Improvements:
According to GIS imagery,there is an existing large home and other outbuildings that will be
removed upon development of Hadler Neighborhood.No other site improvements are known.
D. Proposed Use Analysis:
The proposed use is detached single-family and attached single-family residential with a
minimum lot size of approximately 3,000 square feet and an average lot size of approximately
3,600 square feet,based on the submitted plat(Exhibit VILB). These residential uses are
permitted uses in the requested R-15 zoning district per UDC Table 11-2A-2. The Applicant has
noted the development is expected to develop in two phases with the number of lots in each phase
appearing to be similar(Applicant has not provided the actual lot numbers within each phase but
the exhibit appears to show slightly more lots in phase 1 than in phase 2).Because the only public
road access allowed for this development is from Via Roberto,no more than 30 homes can be
constructed. Therefore,the Applicant has proposed a temporary emergency access within phase 1
located on a future building lot,Lot 23,Block 1,along the west boundary. Meridian Fire has
approved this temporary emergency access to allow more than 30 homes to be constructed off of
one access.
E. Dimensional Standards(UDC 11-2):
The residential lots are shown to meet all UDC dimensional standards per the submitted plat. In
addition,all subdivision developments are also required to comply with Subdivision Design and
Improvement Standards (UDC 11-6C-3). All lots are shown to meet the minimum lot size
requirement of 2,000 square feet. There is no minimum street frontage requirement for the R-15
zoning district so,as discussed above,the Applicant is proposing lots with either 32 feet or 38
feet of frontage with a few lots having slightly more frontage. The Applicant is also proposing
three(3)common drives within the development;two along the west boundary and one at the
southeast corner of the project.
The three (3)proposed common drives depict 3 lots taking access from each of them and include
at least 5 feet of landscaping adjacent to the abutting lot not taking access from the common
drive. The proposed common drive design complies with UDC 11-6C-3D requirements.
The Applicant is proposing the north east-west local street(shown as W. Vantage Pointe Drive)
within the project to be a long, relatively straight roadway. This street is shown with two
intersecting streets on it which allows it to comply with UDC 11-6C-3 requirements for block
length measurement. However, the overall roadway is still long and straight. For this reason,
ACHD is requiring traffic calming along this street with future final plat submittals. Staff agrees
with this and is recommending a condition of approval consistent with the ACHD condition.
F. Building Elevations(UDC 11-3A-19 I Architectural Standards Manual):
The Applicant submitted conceptual building elevations for the proposed homes.Note that
detached single-family homes do not require Design Review approval but the single-family
attached single-family homes do require administrative design review approval prior to building
permit submittal. The Applicant is required to submit this Design Review and obtain Planning
approval before building permit submittal.
The submitted elevations depict varying roof profiles and colors with the same or similar field
materials of lap siding and stone accents for the detached homes.All of the attached single-family
elevations depict single-story homes with lap siding and stone accents. Overall, Staff finds the
submitted elevations to comply with the minimum standards but hopes future elevations depict
more variation in finish materials to help delineate the building facades along public streets.
G. Access (UDC 11-3A-3 :
Access is proposed via a new local street(shown as S.Peak Avenue)connection to E. Via
Roberto on the south side of this roadway in alignment with the approved collector street access
to the Apex Southeast Subdivision on the north side of Via Roberto. Via Roberto is approved to
be constructed with the Apex Southeast development except for the required detached sidewalk
on the Hadler side of the street. ACHD has approved the Applicant's proposal to complete Via
Roberto with 8-foot parkway and detached 10-foot pathway its south side but notes if Brighton
does not complete Via Roberto consistent with their approvals,Hadler is required to construct
Via Roberto as half of a 36-foot wide collector street plus an additional 12 feet of pavement.
There are no existing stub streets adjacent to the site as Via Roberto is not yet constructed. The
Applicant is proposing two stub streets according to the submitted plat, one near the north east
corner of the property and one to the south boundary near the southwest area of the project. Staff
has no concern with the two proposed stub streets or their locations. However, as noted within
the Comprehensive Plan section above, Staff is recommending an additional stub street be added
in place of Lots 28&29, Block 2.Adding this stub street will provide for two stub streets to
properties currently owned by the same entity to the east and will not force future road
development to avoid such a long stretch of property line without an intersecting street(the
south/southeast boundary of this project). This revision would likely result in the loss of one
building lot and remove one common drive from the project, two points that Staff finds are
positive consequences of improving future road connectivity in this area.
The Applicant is proposing two different street sections within this development,a 27-foot and a
33-foot street section;both have been approved by ACHD as both are considered standard street
sections. The 33-foot street section is proposed for the segment of E.Vantage Point Drive east of
the access to Via Roberto along the north half of the site and for the stub street to the south
boundary. All other streets are proposed with the 27-foot street section that allows parking on
only one side of the street where no driveways exist. Staff notes the Applicant is also proposing a
permanent cul-de-sac at the terminus of Vantage Pointe Drive at the northeast boundary because
this segment of this street segment is greater than 150 feet in length.Staff has requested a
parking exhibit due to concerns with the proposed 27 foot street section in conjunction with the
proposed lot widths, as discussed within the Comprehensive Plan section above. Staff
anticipates the parking exhibit to show adequate parking for the development above the
minimum requirements outlined in code.
H. Parking(UDC 11-3C):
Off-street parking is required to be provided in accord with the standards listed in UDC Table 11-
3C-6 for single-family dwellings based on the number of bedrooms per unit. Staff will confirm
compliance with these standards at the time of building permit submittal for each residence.
According to the submitted elevations, each home is proposed with a two-car garage which
presumes a 3 or 4-bedroom home and would require a minimum 20 foot wide driveway for each
building lot. In addition, as discussed above, some of the streets within this development are
proposed as 27 foot wide street sections which only allows parking on one side of the street
instead of both sides as allowed on the standard 33 foot section.
L Sidewalks&Pathways (UDC 11-3A-17&UDC 11-3A-8):
5-foot wide attached sidewalks are proposed along the internal local streets consistent with UDC
requirements. The Applicant is proposing a 10-foot wide detached multi-use pathway along E.
Via Roberto and an attached 10-foot wide sidewalk/pathway along S. Locust Grove;the pathway
widths are consistent with the UDC,the Meridian Master Pathways Plan,and exceeds ACHD
requirements but the location of the sidewalk along Locust Grove does not comply with Master
Pathways plan as there is a desire to detach these sidewalks/pathways along arterial streets to
improve pedestrian safety. The Applicant is required to place the multi-use pathways within
public access casements adjacent to the public streets unless they are within ACHD right-of-way.
The pathway along Locust Grove appears to be attached to Locust Grove which does not comply
with the UDC or Master Pathways Plan. So, the Applicant should revise the plat and landscape
plan to depict this 10 foot pathway to be located within the required 25 foot buffer to Locust
Grove and at least four(4)feet outside of the ultimate ROW to ensure the pathway remains
detached.
J. Landscaping(UDC 11-3B):
A 25-foot wide street buffer along S. Locust Grove,an arterial street,and a 20-foot wide street
buffer along E.Via Roberto,a collector street,are required and should be landscaped per the
standards in UDC Table 11-313-7C. All landscape areas should be landscaped per UDC 11-313-5,
general landscaping standards. Lastly,according to the submitted plans,the Applicant is
proposing micro-paths which should be landscaped in accord with UDC 11-3B-12 standards.
The Applicant is showing a 25 foot wide common lot along Locust Grove that is a 22.S foot wide
common lot along Via Roberto consistent with code requirements. The landscape buffers are
depicted with trees in excess of code and include landscape beds with shrubs and other vegetative
ground covey, consistent with UDC 11-3B-7. Therefore, Stafffinds the proposed street buffers
comply with all UDC requirements. In addition, all open space areas are shown with trees, sod,
and other landscaping in excess of minimum code requirements.
K. Fencing(UDC 11-3A- :
All fencing is required to comply with the standards listed in UDC I I-3A-7.
According to the submitted landscape plans, the Applicant is proposing 6-foot vinyl privacy
fencing along the perimeter of the property and the rear lot lines and 5-foot tall wrought iron
open vision fencing adjacent to any common open space areas. Both fencing types and their
proposed locations comply with UDC standards.
L. Open Space and Amenities(UDC 11-3
The proposed project is approximately 20 acres in size requiring a minimum amount of open
space based on the requested zoning.Per UDC Table 11-3G-3,the R-15 area requires a minimum
of 15%qualified open space. Per the calculations,the minimum amount of qualified open space
required is 3 acres.According to the submitted plans,the Applicant is proposing 3.49 acres of
qualified open space,exceeding the minimum amount required. The proposed 3.49 acres equates
to approximately 17.45%qualified open space.
The qualified open space proposed consists of of the arterial street buffer to Locust Grove, the
full collector street buffer to Via Roberto, the large central open space area, and the smaller
common open space area along the southeast boundary. However, Staff is not sure if the
landscape buffers to the adjacent a. Enhanced landscaping as set forth in Article 11-36,Landscaping Requirements;
public streets meet the enhanced b. Multi-use pathways;
buffer requirements outlined in UDC c. Enhanced amenities with social interaction characteristics;
11-3G-3B.3 to count towards the open d. Enhanced context with the surroundings.
space. Previously, these areas
automatically qualified towards the minimum open space but this is no longer the case with the
latest open space code updates that desires for more than the minimum to be included within the
required buffers in order to count towards the overall qualified open space for a project. The
Applicant appears to comply with the first two points outlined in code but may not comply with
the last two points: enhanced amenities with social interaction characteristics; and, enhanced
context with the surroundings.
Staff recommends the Applicant provide evidence these buffers are enhanced beyond the
pathway, trees, and grasses. For example, boulders, additional vegetation, decorative elements,
decorative fence/walls, additional micro pathways, etc. The burden of proof for the proposed
common open space to qualify falls on the Applicant and not on Staff.
If these buffers do not count towards the minimum qualified open space, approximately I acre
of land must be removed from the calculation leaving approximately 2.5 acres of qualified
open space which does not comply with the minimum qualified open space requirement.
Therefore, the Applicant should provide evidence that the proposed street buffers are qualified
open space prior to the Commission hearing OR apply for Alternative Compliance to reduce
the amount of qualified open space required due to the project's proximity to Discovery Park to
the northeast.
The centralized open space area is depicted with playground equipment, a gazebo with picnic
benches, and multiple seating areas all connected to the surrounding local streets via 5-foot wide
micro pathways. Staff supports the design of the central open space area.As discussed within the
Comprehensive Plan section above, the other common open space area (Lot 30, Block 2)is
approximately 9,300 square feet in size and is tucked behind multiple building lots. Staff does not
have concern with the size of this open space lot but is concerned with its location being a
remnant piece and tucked away. Because of these concerns, Staff recommends the adjacent Lot
29, Block 2 be removed and added to the open space lot to increase the visibility of this open
space area and include an additional micro path connection to the southeast boundary.
UDC 11-3G-4 dictates the minimum amenity points required for projects over 5 acres in size.The
project size of 20 acres requires a minimum of four(4)amenity points(1 point for every 5 acres).
According to the submitted plans and narrative,the Applicant is proposing the following
qualifying amenities: picnic area,playground,a water feature(fountain),and two segments of
multi-use pathway equaling approximately%2 mile in length. According to UDC Table 11-3G-4,
the proposed amenities amount to eleven(11)amenity points and exceed the minimum amenity
point requirements for a project of this size. Staff finds the proposed amenities within this
development are sufficient due to the size of the property,their proposed locations within the
development,the pedestrian connectivity within the project and to and from the nearby regional
park,and because of the general proximity to Discovery Park to the northeast that offers
additional recreational opportunities for future residents of this project and in this general area of
the City.
M. Waterways(UDC 11-3A-6):
According to GIS imagery,there is an open irrigation ditch that runs along the shared north
boundary of this site and the Apex Southeast Subdivision to the north. It is not a labeled ditch on
the City's GIS and it can be presumed it is being tiled and relocated as part of the construction of
Via Roberto Lane by the adjacent developer,Brighton. This Applicant is also required to comply
with UDC 11-3A-6 and ensure this irrigation facility along the north boundary is tiled or
relocated.
N. Utilities(UDC 11-3A-21
The Applicant is proposing and is required to extend necessary public utilities for the proposed
project. Public Works has reviewed the subject applications for compliance with their standards
and finds them to be in general compliance except for specific conditions outlined in Section
VIILB of this report. However,it should be noted that both water and sewer services must be
provided to this development through the adjacent development to the north(Apex Southeast)
and are currently not available.
VI. DECISION
A. Staff:
Staff recommends approval of the requested annexation and preliminary plat applications with the
requirement of a Development Agreement per the conditions of approval in Section VIII of this
report per the Findings in Section IX of this staff report.
B. The Meridian Planning&Zoning Commission heard these items on November 3,2022. At the
public hearing,the Commission voted to recommend denial of the subject Annexation and
Zoning and Preliminary Plat requests.
1. SgMMM of Commission public hearing_
a. In favor: Laren Bailey,Applicant;Hethe Clark,Applicant Representative
b. In opposition:None
C. Commenting: Hethe Clark,Ronnie Reno,Kuna School District.
d. Written testimony: None
e. Staff presenting application: Joseph Dodson,Associate Planner
f Other Staff commenting on application:None
2. Key issue(s)of public testimony
a. Ronnie Reno from Kuna School District(KSD), as a representative of the school board,
testified that KSD cannot accommodate the Hadler Neighborhood development due to
school capaci . issues.
3. Key issue(s)of discussion by Commission:
a. School district capacity and a lack of ability to accommodate Hadler Neighborhood,
b. Concern with available parking with the combination of the 27-foot wide street section
and common drives;
C. Concern with proposed density and housing types with no nearby urban services
( rog cerygas stations,medical,office,etc.),
d. Concern that project is proposed with as many lots as possible within project area
without a true identity;
4. Commission change(s)to Staff recommendation:
a. Commission recommended denial to the City Council due to school capacity issues and
a lack of urban services nearby the density proposed within this development.
5. Outstandingissue(s) for City Council:
a. None
C. The Meridian City Council heard these items on 12/06/2022.At the public hearing_the Council
voted to approve the subject AZ and PP request.
1. Summary of the City Council public hearing:
a. In favor: Laren Bailey and Hethe Clark
b. In opposition: None
C. Commenting: Ronnie Reno_ Dave Yorgason_ and Julie Edwards
d. Written testimony: None
C. Staff presenting application: Bill Parsons
f Other Staff commenting on application: Bill Nary
2. Key issue(s)of public testimony:
a. Kuna School District school capacity and their methodology for mitigating impacts from
the increased growth.
b. More density and less open space since the project is adjacent to a regional park.
3. key issue(s)of discussion by City Council:
a. On street parking within the proposed development.
b. Removing the tot lot because of the development's proximity to a regional park.
C. Impacts this development would have on the Kuna School District and if the adopted
methodology for mitigating the impact complied with state law.
4. City Council change(s)to Commission recommendation.
a. Council voted to approve the annexation and preliminary plat request which reinstated
the previous conditions of approval in Section VIIL AND condition of approval 2.a was
modified to reflect the changes to the plat as recommended by Staff.
VIL EXHIBITS
A. Annexation and Zoning Legal Descriptions and Exhibit Maps
IDAHO 9955 W Emerald St
SURVEY Boise,ID 83704
i5G
GROUP Phone: (208)846-8570
Fax: (208)884-5399
Hadler Subdivision
Annexation Description
Project Number 21-360 July 13,2022
Lot 1,Block 1 of Rescue Ranch Subdivision(Book 106 of Plats at Pages 14734 through 14736,
records of Ada County,Idaho),and a portion of the adjacent public right-of-way of S.Locust
Grove Road,situated in the north half of the southwest quarter of Section 5,Township 2 North,
Range 1 East,Boise Meridian,Ada County,Idaho,and being more particularly described as
follows:
Commencing at southwest corner of Section 5,Township 2 North,Range 1 East,Boise Meridian;
Thence N00`04'42"W,2655.92 feet to the west quarter-section corner of Section S,the POINT OF
BEGINNING:
Thence 589`52'50"E,37.00 feet along the east-west centerline of Section 5 to the east
line of S.Locust Grove Road and the northwest corner of Lot 1;
Thence continuing S89°52'50"E,1618.16 feet along the boundary of Lot 1;
Thence S00°04'42"E,335.88 feet along the boundary of Lot 1;
Thence 12.01 feet on a non-tangent curve to the left having a radius of 225.00 feet,a
central angle of 03"03'27",a chord bearing of N88`20'S2"W,and a chord length of 12.01
feet along the boundary of Lot 1;
Thence N89"52'36"W,313.32 feet along the boundary of Lot 1;
Thence 143.71 feet on a curve to the left having a radius of 125.00 feet,a central angle of
65'52'19",a chord bearing of S57°11'14"W,and a chord length of 135.93 feet along the
boundary of Lot 1;
Thence S24°15'05"W,307.54 feet along the boundary of Lot 1;
Thence 7S.80 feet on a curve to the right having a radius of 50.00 feet,a central angle of
86`51'39",a chord bearing of S67°40'54"W,and a chord length of 68.75 feet along the
boundary of Lot 1;
Thence N68"53116"w,342.09 feet along the boundary of Lot 1;
Thence N89'52'36"W,669.21 feet along the boundary of Lot 1 to the east right-of-way
line of S.Locust Grove Road;
Thence S89"55'18"W,37.00 feet to the west line of Section 5;
Thence N00'04'42"W,593.86 feet along the west line of
Section S to the POINT OF BEGINNING.
The above-described parcel contains 20.51 acres,more or less. �. p
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VIII. CITY/AGENCY COMMENTS & CONDITIONS
A. PLANNING DIVISION
1. A Development Agreement(DA)is required as a provision of annexation of this property.
Prior to approval of the annexation ordinance_ a DA shall be entered into between the City of
Meridian and the property owner(s)/developer at the time of annexation ordinance adoption
and the developer. A final plat will not be accepted until the DA is executed and the
Annexation and Zoning ordinance is approved by City Council.
Currently_ a fee of$303.00 shall be paid by the Applicant to the Planning Division prior to
commencement of the DA. The DA shall be signed by the property owner and returned to the
Planning Division within six(6)months of the City Council granting the annexation. The DA
shall_ at minimum_ incorporate the following provisions:
a. Future development of this site shall be substantially consistent with the
a proved plat_ landscape plan_phasing plan_common drive exhibits_and
conceptual building elevations included in Section VII and the provisions
contained herein.
b. The existing home and outbuildings shall be removed upon phase 1 development_ as
proposed.
c. The rear and/or sides of homes visible from S. Locust Grove and E.Via Roberto Lane
Lots 2-27_Block 1 &Lots 2-24_Block 31 shall inc=orate articulation through changes
in two or more of the following: modulation(e.g. projections_recesses_ step-backs_pop-
outs)_bays_banding_porches_balconies_material types_ or other integrated architectural
elements to break up monotonous wall planes and roof lines that are visible from the
subject public street. Single-story structures are exempt from this requirement.
Preliminary Plat Conditions:
2. The preliminary plat included in Section VILB_ dated October 18.20 22_ shall be revised as
follows prior to submitting for Final Plat approval:
a. Replace Lots48-c-29_Block 2 with rw additional s open space and a micro-path
leading to the southeast property boundary for future pedestrian
connectivity and to enhance the currently proposed open space on Lot 30_Block 2.
b. Direct lot access to S. Locust Grove and E.Via Roberto Lane is prohibited except for the
emergency access to Locust Grove and the approved access to Via Roberto_ in accord
with UDC 11-3A-3.
c. Add a plat note stating that Lot 23_Block 1 is a non-buildable lot until such time that an
additional Fire approved public street connection is provided.
d. Consistent with ACHD conditions of approval,provide traffic calming measures along
W.Vantage Point Drive to help mitigate its long and straight design. ^
e. Depict the 10-foot pathway along S. Locust Grove to be located within the required 25-
foot street buffer and located at least four(4)feet outside of the ultimate ROW to ensure
the pathway remains detached_ consistent with UDC 11-3B-7C.Ia.
3. The landscape plan included in Section VILC_dated July 29 November 2. 2022_ shall be
revised as follows prior to submitting for Final Plat approval:
a. Revise the landscape plan to match the revisions made to the street section of Vantage
Pointe Drive on the latest preliminary plat.
b. Make the necessary revisions to the landscape plans to match the plat revisions noted
above in VIILA2.
c. Depict the 10-foot pathway along S. Locust Grove to be located within the required 25-
foot street buffer and located at least four(4)feet outside of the ultimate ROW to ensure
the pathway remains detached, consistent with UDC 11-3B-7C.Ia.
4. Prior to the Commission hearing. the Applicant shall provide evidence that the proposed
street buffers are qualified open space OR apply for Alternative Compliance prior to the City
Council hearing to request a reduction to the amount of qualified open space required.
5. Prior to the Commission hearing.the Applicant shall provide a parking exhibit showing
available parking within the subject development.
6. Future development shall be consistent with the minimum dimensional standards listed in
UDC Table 11-2A-7 for the R-15 zoning district.
7. Off-street parking is required to be provided in accord with the standards listed in UDC Table
11-3C-6 for single-family dwellings based on the number of bedrooms per unit.
8. The Applicant shall comply with all ACHD conditions of approval.
9. The Applicant shall ensure the irrigation ditch along the north boundary is tiled and/or
relocated consistent with UDC 11-3A-6 standards.
10. Provide a pressurized irrigation system consistent with the standards as set forth in UDC 1I-
3A-15 UDC 11-3B-6 and MCC 9-1-28.
11. Prior to the City Engineer's signature on each final plat. a 14-foot wide public pedestrian
easement shall be submitted to the Planning Division and recorded for the multi-use pathways
along S. Locust Grove and E.Via Roberto as required by the Park's Department.unless
ACHD requires an easement within their right-of-way.
12. Prior to applying for building permits.Administrative Design Review is required to be
submitted and approved by the Planning Division for the proposed single-family attached
units.
13. Upon completion of the landscape installation,a written Certificate of Completion shall be
submitted to the Planning Division verifying all landscape improvements are jn substantial
compliance with the approved landscape plan as set forth in UDC 11-3B-14.
14. The preliminary plat approval shall become null and void if the applicant fails to either: 11
obtain the City Engineer signature on a final plat within two years of the date of the approved
findings: or 21 obtain approval of a time extension as set forth in UDC 11-6B-7.
B. PUBuc WORKS
SITE SPECIFIC CONDITIONS:
1. Must provide sewer to and through to parcel R7406180010.
2. Ensure no sewer services pass through infiltration trenches.
3. There currently are no water mains to the site. Water will be coming from the Apex Southeast
Development.
4. Water and sewer in parallel require a minimum 30'easement. Easement width may be greater
depending on sewer depth.
5. Where water ties into existing line in E.Via Roberto Ln two vales are required.
6. As part of Apex Southeast_ a 12"water main will be brought to the corner of Locust Grove
and Via Roberto Ln. Extend 12" water main down Locust Grove to southern property
boundary.
7. A second connection to the 12"water main in Locust Grove is required. The City would
prefer this connection be made jn E. Cavalli Ln with an easement.
8. Must install water blow-off per SD W13 at eastern boundary along Vantage Pointe Dr. and at
the southern boundary at Steeple Ave. See changemarks on sheet PE.200 for additional
details.
9. At,the corner of Cadence Ave and Orion Greens Drive_the water mains have multiple odd
bends: remove unnecessary bends in said water main.
10. Water and sewer at the corner of Zenith Ave and Vantage Pointe needs to be laid out
differently. The current configuration adds an extra sewer manhole that isn't needed_multiple
water fittings that are not needed_ and a sewer service jn a common lot when the house access
is not from the common lot. See the uploaded"Water and Sewer Comments" pdf for
suggestions of a better configuration.
11. Near the common driveway at the southeast corner of the site there is a water service running
across a private property that is not being serviced by the meter. The meter should be located
in the landscaping area of the common driveway. See changemarks on sheet PE.200.
12. As noted in the Geotechnical Engineering Report prepared by Atlas Materials Testing&
Inspection_there are shallow cemented soils across the site. Particular attention needs to be
focused on ensuring that all residences constructed with crawl spaces should be designed in a
manner that will inhibit water in crawl spaces. Applicant should adhere to recommendations
including the installation of foundation drains_ and the installation of rain gutters and roof
drains that will carry storm water at least 10-feet away from all residences. Foundation
drains are not allowed to drain into the sanitary sewer system_nor the trench backfill for the
sewer and/or water service lines.
GENERAL. CONDITIONS:
1. Sanitary sewer service to this development is available via extension of existing mains
adjacent to the development. The applicant shall install mains to and through this subdivision_
a plicant shall coordinate main size and routing with the Public Works Department_and
execute standard forms of easements for any mains that are required to provide service.
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. Water service to this site is available via extension of existing mains adjacent to the
development. The applicant shall be responsible to install water mains to and through this
development_ coordinate main size and routing with Public Works.
3. 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.
4. Upon installation of the landscaping and prior to inspection by Planning Department staff_the
a plicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A.
5. A letter of credit or cash surety in the amount of 110%will be required for all incomplete
fencing_ landscaping_ amenities_pressurized irrigation_prior to signature on the final plat.
6. The City of Meridian requires that the owner post with the City a performance surety in the
amount of 125%of the total construction cost for all incomplete sewer,water 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 applicant shall be required to enter into a Development Surety
Agreement with the City of Meridian.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.
7. 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, and water infrastructure for a
duration of two years. This surety amount will be verified by a line item final cost invoicing
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.
8. In the event that an applicant and/or owner cannot complete non-life,non-safety and non-
health improvements,prior to City Engineer signature on the final plat and/or prior to
occupancy, a surety agreement may be approved as set forth in UDC 11-5C-3C.
9. 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.
10. 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.
11. Applicant shall be responsible for application and compliance with any Section 404
Permitting that may be required by the Army Corps of Engineers.
12. Developer shall coordinate mailbox locations with the Meridian Post Office.
13. All grading of the site shall be performed in conformance with MCC 11-I 4B.
14. Compaction test results shall be submitted to the Meridian Building Department for all
building pads receiving engineered backfill,where footing would sit atop fill material.
15. 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 the crawl spaces of homes is at least 1-foot above.
16. The applicants design engineer shall be responsible for inspection of all irrigation and/or
drainage facility within this project that do not fall under the jurisdiction of an irrigation
district or ACHD. The design engineer shall provide certification that the facilities have been
installed in accordance with the approved design plans. This certification will be required
before a certificate of occupancy is issued for any structures within the project.
17. At the completion of the project,the applicant shall be responsible to submit record drawings
per the City of Meridian AutoCAD standards. These record drawings must be received and
approved prior to the issuance of a certification of occupancy for any structures within the
rp oiect.
18. Street light plan requirements are listed in section 6-7 of the Improvement Standards for
Street Lighting(http://www.meridiancitv.org/public works.aspx?id=272). All street lights
shall be installed at developer's expense. Final design shall be submitted as part of the
development plan set for approval,which must include the location of any existing street
lights. The contractor's work and materials shall conform to the ISPWC and the City of
Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian
Transportation and Utility Coordinator at 898-5500 for information on the locations of
existing street lighting.
19. 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'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 I"map with bearings and distances
marked EXHIBIT B) for review.Both exhibits must be sealed, signed and dated by a
Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this
document. All easements must be submitted,reviewed, and approved prior to signature of
the final plat by the City Engineer.
20. Applicant shall be responsible for application and compliance with and NPDES permitting
that may be required by the Environmental Protection Agency.
21. Any wells that will not continue to be used must be properly abandoned accorch 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.
22. Any existing septic systems within this project shall be removed from service per City
Ordinance Section 9-1-4 and 9 4 8. Contact the Central District Health Department for
abandonment procedures and inspections.
23. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water(UDC 11-3B-6). 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. asing
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 development plan approval.
24. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways,intersecting.
crossing or laving 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.
C. FIRE DEPARTMENT
https://weblink.meridiancity.org/WebLink/DocView.aspx?id 275369&dbid 0&repo MeridianC
Lty
D. ADA COUNTY DEVELOPMENT SERVICES
https:llweblink.meridiancity.oLgI ebLinkIDocView.aspx?id 276691&dbid O&repo=MeridianC
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E. MERIDIAN POLICE DEPARTMENT(MPD)
https://weblink.meridiancity.org/WebLink/DocView.aspxTid 275370&dbid 0&repo MeridianC
i &cr1
F. BOISE PROJECT BOARD OF CONTROL(BPBC)
hyps://weblink.meridiancioy.orgi ebLink/Doc View.aspxTid 276388&dbid 0&repo—MeridianC
Lty
G. MERIDIAN PATHWAYS—CONDITIONS
https://weblink.meridianciU.org/WebLinkIDocView.aspx?id 275182&dbid O&repo—MeridianC
Lty
H. ADA COUNTY HIGHWAY DISTRICT(ACHD)
https://weblink.meridianciU.org/WebLink/DocView.aspxTid 278590&dbid 0&repo=MeridianC
Lty
IX. FINDINGS
A. Annexation and Zoning(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 Council finds the proposed zoning map amendment to annex the property into the City of
Meridian with the R-15 zoning district with the proposed preliminary plat is consistent with
the Comprehensive Plan.
2. The map amendment complies with the regulations outlined for the proposed districts,
specifically the purpose statement;
The Council finds the proposed zoning map amendment and the request for the development
complies with the regulations outlined in the requested R-15 zoning district and is consistent
with the purpose statement of the requested zone.
3. The map amendment shall not be materially detrimental to the public health,safety,
and welfare;
The Council finds the proposed zoning map amendment will not be detrimental to the public
health, safety and welfare.
4. The map amendment shall not result in an adverse impact upon the delivery of services
by any political subdivision providing public services within the city including,but not
limited to, school districts; and
The Council finds the proposed zoning map amendment would not result in an adverse
impact on the delivery of services by any political subdivision providing public services
within the City.
5. The annexation(as applicable)is in the best interest of city.
The Council finds the annexation is in the best interest of the City.
B. Preliminary Plat Findings:
In consideration of a preliminary plat,combined preliminary and final plat,or short plat,the
decision-making body shall make the following findings:
1. The plat is in conformance with the Comprehensive Plan;
The Council finds that the proposed plat is in general compliance with the adopted
Comprehensive Plan in regard to land use, density, transportation, and pedestrian
connectivity. (Please see Comprehensive Plan Policies in, Section V of this report for more
information)
2. Public services are available or can be made available and are adequate to accommodate
the proposed development;
The Council finds that public services will be provided to the subject property with
development. (See Section VIII of the Staff Report for more details from public service
providers)
3. The plat is in conformance with scheduled public improvements in accord with the City's
capital improvement program;
Because City water and sewer and any other utilities will be provided by the development at
their own cost, the Council finds that the subdivision will not require the expenditure of
capital improvement funds.
4. There is public financial capability of supporting services for the proposed development;
The Council finds there is public financial capability of supporting services for the proposed
development based upon comments from the public service providers (i.e., Police, Fire,
ACHD, etc.). (See Section VIII for more information).
5. The development will not be detrimental to the public health, safety or general welfare;
and,
The Council is not aware of any health, safety, or environmental problems associated with
the platting of this property.
6. The development preserves significant natural, scenic or historic features.
The Council is unaware of any significant natural, scenic or historic features that exist on
this site that require preserving.