Compass Pointe Subdivision H-2023-0004 (2024-006162) ADA COUNTY RECORDER Trent Tripple 2024-006162
BOISE IDAHO Pgs=41 ANGIE STEELE 02/07/2024 08:19 AM
CITY OF MERIDIAN, IDAHO NO FEE
DEVELOPMENT AGREEMENT
PARTIES:
1. City of Meridian
2. Butler Realty, LLC, Owner
3. A-Team Land Consultants, Developer
THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this
6th day of February ,2024,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 Butler Realty,LLC,whose address is 1629 Main Street,Redwood City,California,
94063,hereinafter called OWNER, and A-Team Land Consultants,whose address is 1785 Whisper
Cove Avenue, Boise, Idaho 83709, hereinafter called DEVELOPER.
1. RECITALS:
1.1 WHEREAS, Owner is the sole owner, in law and/or equity, of certain tract of
land in the County of Ada, State of Idaho, described in Exhibit "A", which is
attached hereto and by this reference incorporated herein as if set forth in full,
herein after referred to as the Property; and
1.2 WHEREAS, Idaho Code § 67-6511A provides that cities may, by ordinance,
require or permit as a condition of zoning that the Owner and/or Developer
make a written commitment concerning the use or development of the subject
Property; and
1.3 WHEREAS, City has exercised its statutory authority by the enactment of
Section 11-5B-3 of the Unified Development Code("UDC"),which authorizes
development agreements upon the annexation and/or re-zoning of land; and
1.4 WHEREAS, Owner/Developer have submitted an application for annexation
and zoning of 7.69 acres of land with a request for 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 rezoning held before
Planning and Zoning Commission and the City Council includes responses of
government subdivisions providing services within the City of Meridian
planning jurisdiction and includes further testimony and comment; and
DEVELOPMENT AGREEMENT—COMPASS POINTE SUBDIVISION(H-2023-0004) PAGE I OF 8
1.7 WHEREAS, on the 1Ph day of July, 2023, 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: means and refers to Butler Realty, LLC, whose address is 1629
Main Street, Redwood City, California 94063,hereinafter called OWNER, the
party that owns said Property and shall include any subsequent owner(s)of the
Property.
3.3 DEVELOPER: means and refers to A-Team Land Consultants, whose
address is 1785 Whisper Cove Avenue, Boise, Idaho 83709,hereinafter called
DEVELOPER,the party that is developing said Property and shall include any
subsequent developer(s) of the Property.
3.4 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
DEVELOPMENT AGREEMENT-COMPASS POINTE SUBDIVISION(H-2023-0004) PAGE 2 OF 8
reference incorporated herein as if set forth at length.
4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right
to develop the Property in accordance with the terms and conditions of this Agreement.
4.1 The uses allowed pursuant to this Agreement are only those uses allowed under
the UDC.
4.2 No change in the uses specified in this Agreement shall be allowed without
modification of this Agreement.
5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY:
5.1. Owner/Developer shall develop the Property in accordance with the following
special conditions:
a. Future development of this site shall be generally consistent with the approved
Preliminary Plat, Landscape Plan, common open space/site amenity exhibit and
conceptual building elevations for the development included in Section VIII of the
Staff Report attached to the Findings of Fact and Conclusions of Law attached
hereto as Exhibit`B" and the provisions contained herein.
b. The entire frontage improvements along E. Victory Road and S. Locust Grove
Road shall be completed with the first phase of development, except for a portion
of the required sidewalks,per the conditions of approval by ACHD.
c. A final plat application shall not be submitted until the intersection improvements
are substantially complete.
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-COMPASS POINTE SUBDIVISION(H-2023-0004) PAGE 3 OF 8
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 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.
DEVELOPMENT AGREEMENT-COMPASS POINTE SUBDIVISION(H-2023-0004) PAGE 4 OF 8
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:
Butler Realty,LLC A-Team Land Consultants
1629 Main Street 1785 Whisper Cove Avenue
Redwood City, CA 94063 Boise, ID 83709
14.1 A party shall have the right to change its address by delivering to the other
party a written notification thereof in accordance with the requirements of this section.
15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto
concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as
may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent
jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall
survive any default, termination or forfeiture of this Agreement.
16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time
is strictly of the essence with respect to each and every term, condition and provision hereof, and that
the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default
under this Agreement by the other party so failing to perform.
17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure
to the benefit of the parties' respective heirs, successors, assigns and personal representatives,
including City's corporate authorities and their successors in office. This Agreement shall be binding
on the Owner/Developer, each subsequent owner and any other person acquiring an interest in the
Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions
thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor
owner or owners shall be both benefited and bound by the conditions and restrictions herein
expressed. City agrees, upon written request of Owner 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.
DEVELOPMENT AGREEMENT-COMPASS POINTE SUBDIVISION(H-2023-0004) PAGE 5 OF 8
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. REMOVED PROPERTY: The City is hereby authorized, in its sole discretion, to
remove a portion of the Property ("Removed Property") from this Agreement at any time, provided
that the City and the owner of the Removed Property concurrently enter into a modified development
agreement governing the development and use of the Removed Property. The remaining portion of
the Property,which has not been removed from this Agreement as described above, shall continue to
be bound by the terms of this Agreement.
21. COOPERATION OF THE PARTIES: In the event of any legal or equitable action
or other proceeding instituted by any third party (including a governmental entity or official)
challenging the validity of any provision in this Agreement, the parties agree to cooperate in
defending such action or proceeding.
22. 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.
22.1 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.
23. 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-COMPASS POINTE SUBDIVISION(H-2023-0004) PAGE 6 OF 8
ACKNOWLEDGMENTS
IN WITNESS WHEREOF,the parties have herein executed this agreement and made
it effective as hereinabove provided.
OWNER:
Butler Realty,LLC
—4
By: 1,J(l It a r)-i (3t,41et-
Its: n'f u lit ��✓
STATE OF
ss:
County of%M )
On this a day Qf 12024,before me,the undersigned,a Notary Public in and for said State,
personally appeared l known or identified to me to be the manager of
Butler Realty,LLC and the person who signed above and acknowledged to me that he 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.
* z, ( lbtan�P�h;ic•Cadronia + Notary Public ' �, ✓
° = San Mateo County = M Commission Expires:
r Y
P. Commission 237E641 "
My Comm.Expire,Oct 30,2025 r
DEVELOPER:
A-Team Land Consultants
By: 54T_y_C_ i
Its: Pe-1,le-1 a�er-
STATE OFIDAHO )
ss:
County of Ada }
On this 6A da of a ... ,2024,before me,the undersigned,a Notary Public in and for said State,
personally appeared_ ) , known or identified to me to be the e4 of A-
Team Land Consultants and the person who signed above and acknowledged to me thaf he executed a 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.
JOHN BALLANTYNE
COMMI1�§IQ.,�LNUMBER 20182468 N Public
NC}IHtiY PUBLIC `,
State of Idaho y Commission Expires: /,Z./7. 2`LL/
My Commission Expires 12/17/2024
DEVELOPMENT AGREEMENT—COMPASS POINTE SUBDIVISION(H-2023-0004) PAGE 7 OF 8
CITY OF MERIDIAN ATTEST:
By:
Mayor Robert E. Simison 2-6-2024 Chris Johnson, City Clerk 2-6-2024
STATE OF IDAHO )
ss
County of Ada )
On this 6th day of February , 2024, 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—COMPASS POINTE SUBDIVISION(H-2023-0004) PAGE 8 OF 8
EXHIBIT A
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DAVID EVANS
ANDASSOCIATES INC
DESCRIPTION FOR
COMPASS POINTE SUBDIVSION
REZONE &ANNEXATION
The following describes a parcel of real property lying within the Northeast Quarter of the Northeast
Quarter (NE1/4 NE1/4), Section 30,Township 3 North, Range 1 East, Boise Meridian,City of Meridian,
Ada County, Idaho being more particularly described as follows:
BEGINNING at the northeast corner of said NE1/4 NE1/4;Thence, along the east boundary line of said
NE1/4 NE1/4, South 00°14'11" West, 1070.48 feet;
Thence, departing said east boundary line, North 30°12'47"West, 1235.02 feet to the north boundary
line of said NE1/4 NE1/4;
Thence, along said north boundary line, North 89*42'20" East,625.91 feet to the POINT OF BEGINNING,
containing 7.69 acres more or less.
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625.91
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Title: Date: 05-19-2020
Scale: 1 inch=200 feet File: COMPASS POINTE SUB REZONE ANNEXATION.des
Tract 1: 7.690 Acres: 334998 Sq Feet:Closure=s72.0359w 0.00 Feet: Precision>1/999999: Perimeter=2931 Feet
001=s00.1411w 1070.48 003=n89.4220e 625.91
002=00.1247w 1235.02
EXHIBIT MAP OF
COMPASS POINTE SUBDIVISION
RE—ZONE & ANNEXATION
A PORTION OF THE NE 1/4 OF THE NE 1/4 OF SECTION 30,
T. 3 N., R 1 E., B.M.,
CITY OF MERIDIAN, ADA COUNTY, IDAHO
2020
E VICTORY RD
N 89'42'20" E 625.91'
PLS 8444 �'
FOUND 1 C 2 REBAR NE COR, SEC.
/ FOUND BRASS CAP
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DAVID EVANS o �
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9179 W Black Eagle Dr � t
Boise Idaho 7 °
Phone: 208-585-5858 �` F I'D
P.5u1-���P�
EXHIBIT B
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW E IDIAy
AND DECISION& ORDER
In the Matter of the Request for Annexation and Zoning, Preliminary Plat consisting of 21
residential building lots and 6 common lots, Private Streets, and Alternative Compliance on
7.69 acres of land with a request for the R-8 zoning district,by A Team Land Consultants.
Case No(s). H-2023-0004
For the City Council Hearing Date of: June 27, 2023 (Findings on July 11, 2023)
A. Findings of Fact
1. Hearing Facts(see attached Staff Report for the hearing date of June 27, 2023, incorporated by
reference)
2. Process Facts(see attached Staff Report for the hearing date of June 27, 2023,incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of June 27, 2023,
incorporated by reference)
4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing
date of June 27,2023,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(COMPASS POINTE SUBDIVISION AZ,PP,ALT,PS-FILE H-2023-0004)
- 1 -
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of June 27,2023, 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 and Zoning,Preliminary Plat,Alternative Compliance,
and Private Streets is hereby approved per the conditions of approval in the Staff Report for the
hearing date of June 27, 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(COMPASS POINTE SUBDIVISION AZ,PP,ALT,PS-FILE H-2023-0004)
-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 § 67-652 1(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(l)(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 June 27,2023
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(COMPASS POINTE SUBDIVISION AZ,PP,ALT,PS-FILE H-2023-0004)
-3-
By action of the City Council at its regular meeting held on the 1 lth day of July
2023.
COUNCIL PRESIDENT BRAD HOAGLUN VOTED AYE
COUNCIL VICE PRESIDENT JOE BORTON VOTED AYE
COUNCIL MEMBER JESSICA PERREAULT VOTED
COUNCIL MEMBER LUKE CAVENER VOTED
COUNCIL MEMBER JOHN OVERTON VOTED AYE
COUNCIL MEMBER LIZ STRADER VOTED AYE
MAYOR ROBERT SIMISON VOTED
(TIE BREAKER)
Mayor Robert E. on 7-11-2023
Attest:
� SEAL
Chris Johnso 7-11-
City Clerk
Copy served upon Applicant, Community Development Department,Public Works Department and City
Attorney.
By: Cha&ycWM Dated: 7-11-2023
City Clerk's Office C�
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(COMPASS POINTE SUBDIVISION AZ,PP,ALT,PS-FILE H-2023-0004)
-4-
STAFF REPORT E COMMUNITY
N --
COMMUNITY DEVELOPMENT DEPARTMENT
HEARING June 27,2023 a: '
DATE: Legend
UProject Location _
TO: Mayor&City Council
FROM: Stacy Hersh,Associate Planner
208-884-5533 �
SUBJECT: H-2023-0004 _
Compass Pointe Subdivision
LOCATION: The site is located at 3245 &3247 S.
Locust Grove Road,in the NE '/4 of the ;
NE 1/4 of Section 30,Township 3N., --
Range 1E.
.s
W
I. PROJECT DESCRIPTION
Annexation and zoning of 7.69 acres of land with a request for the R-8 zoning district;
• Preliminary Plat consisting of 21-residential building lots and 6 common lots on approximately
7.08 acres of land in the R-8 zoning district;
• Private streets(PS)are proposed for internal access within the development;
• Alternative Compliance is requested to UDC 11-3F-4,to allow the proposed private street to
connect to Locust Grove, an arterial street;by A-Team Land Consultants.
II. SUMMARY OF REPORT
A. Project Summary
Description Details Page
Acreage 7.69 acres
Future Land Use Designation Medium Density Residential
Existing Land Use(s) County Residential(RUT)
Proposed Land Use(s) detached single-family homes
Lots(#and type;bldg./common) 27 total lots—21 single-family residential;and 6 common
lots.
Phasing Plan(#of phases) Proposed as one(1)phase.
Number of Residential Units(type 21 total units single-family detached units
of units)
Density(gross&net) Gross—2.96 du/ac.;Net—3.37 du/ac.
Open Space(acres,total 2.75 acres total—2.22 acres of qualifying open space(or
[%]/buffer/qualified) approx. 31.4%qualified according to the submitted open
space exhibit)much of the qualified open space is the
creek and landscape buffers.
Description Details Page
Amenities 3 amenities—Park#1 -a gazebo,picnic area,and sitting
plaza;Park#2-sitting area and pickleball court;and dog
park with a sitting area.
Physical Features(waterways, Tenmile Creek runs along the western property boundary
hazards,flood plain,hillside) with most of its easement on this property.A portion of the
property within the easement shows area of flood hazard.
Neighborhood meeting date;#of November 3,2022;2 attendees.
attendees:
History(previous approvals) In 2020,City Council denied the previous proposed project
(AZ,PP,ALT,PS H-2020-0100)
B. Community Metrics
Description Details Page
Ada County Highway District
• Staff report(yes/no) No
• Requires ACHD No
Commission Action
es/no
Access(Arterial/Collectors/State Proposed access is from S. Locust Grove,an arterial. The
Hwy/Local)(Existing and Proposed) proposed access is via a new private street and all internal
roadways are proposed as private streets.
Stub Street/Interconnectivity/Cross No stub streets are proposed due to site constraints.
Access
Existing Road Network E.Victory Road and S.Locust Grove Road,arterial streets,
are existing with 2 travel lanes.
Existing Arterial Sidewalks/
Buffers
Proposed Road Improvements No road improvements are proposed by the Applicant due
to all abutting right-of-way to the subject site being
scheduled for widening by ACHD. The intersection of
Locust Grove and Victory is to be a roundabout in
2022-23 with Locust Grove Rd.being widened to 5
lanes north of the intersection and Victory Road being
widened to 3 lanes on either side of the intersection by
2025.
Fire Service
• Distance to Fire Station 1.5 miles from Fire Station#4
• Fire Response Time Proposed development falls within the 5-minute response
time goal.
• Resource Reliability 74%(below the target rating of 80%)
• Risk Identification Risk Factor 2—Residential with hazards;current resources
would not be adequate to supply service to this project due
to nearby waterway if a water emergency were to occur.
• Accessibility The proposed project meets all required access,road
widths,and turnarounds.
The electric gate at the entrance shall have an Opticom
device and a knox switch for back-up in case the Opticom
device fails.All roads are fire lanes and shall be signed:No
Parking Fire Lane"per the 1018 IFC and installed per
ACHD standards.
Police Service
• Distance to Police Station No comments submitted.
• Response Time
Description Details Page
• Accessibility
• Additional Comments
West Ada School District
• Distance(elem,ms,hs) No comments submitted.
• Capacity of Schools
• #of Students Enrolled
Wastewater
• Distance to Sewer N/A
Services
• Sewer Shed South Black Cat Trunk Shed
• Estimated Project Sewer See application
ERU's
• WRRF Declining Balance 13.98
• Project Consistent with YES
WW Master Plan/Facility
Plan
• Additional Comments 0 Flow is committed
■ Ensure no sewer services pass through infiltration
trenches.
Water
• Distance to Water Services 0'
• Pressure Zone 4 -
• Estimated Project Water See application
ERU's
• Water Quality Concerns None
• Project Consistent with YES
Water Master Plan
• Impacts/Concerns M Water and Sewer in parallel require a 30'easement.
■ The Water and Sewer need 10' separation and should
be evenly spaced from the edge of the easement.
■ Water mains by themselves require a 20'easement
with Water main centered in the easement.
■ Ensure no permanent structures(trees,bushes,
buildings,carports,trash receptacle walls,fences
infiltration trenches,light poles etc.)are built within
the utility easement.
■ See mark-ups for additional comments.
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IV. NOTICING
Planning& Zoning City Council
Posting Date Posting Date
Newspaper Notification 4/19/2023 6/11/2023
Radius notification mailed to
properties within 500 feet 4/14/2023 6/9/2023
Site Posting 4/17/2023 6/13/2023
Nextdoor posting 4/14/2023 6/8/2023
V. COMPREHENSIVE PLAN ANALYSIS
A. Future Land Use Map Designation(https://www.meridiancity.org/compplan)
Medium Density Residential—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 proposed annexation area is an undeveloped corner of land with existing medium-density
development to its west, east across Locust Grove, and north across Victory Road. Specifically,
this parcel of land is at the southwest corner of Victory Road and Locust Grove Road. There is
existing City of Meridian zoning to the west, east, and north located within the northeast corner
of the same intersection.All existing development directly adjacent to the subject site is zoned R-
8.
The proposed land use of single family detached residential would be consistent with the existing
surrounding dwelling units in the immediate area. Medium-Density Residential(MDR)allows
gross densities of 3-8 units per acre; the Applicant is proposing a gross density of 2.96 du/ac.
Staff finds that the proposed project meets the density requirements of the Comprehensive Plan.
B. Comprehensive Plan Policies(hgps://www.meridiancity.or /g compplan):
The applicable Comprehensive Plan policies are cited below with Staff analysis in italics.
"Avoid the concentration of any one housing type or lot size in any geographical area;provide for
diverse housing types throughout the City"(2.01.01 G). The proposed R-8 zoning and proposed
land use of single family detached homes will contribute to the variety of housing options in this
area and within the City as desired. Single-family detached homes currently surround the
proposed development.
"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"(2.02.01 A). The Applicant is proposing a 5-foot sidewalk
along S. Locust Grove Road that connects to the 10 foot pathway proposed on the northeast of S.
Locust Grove and Victory Road. The 5-foot sidewalkproposed along S. Locust Grove Road is
required to be a 10 foot wide pathway connection to the newly proposed pathway to be built by
ACHD. In addition, the Applicant is proposing 5-foot sidewalks adjacent to the internal private
streets with connections to the path along S. Locust Grove and Victory Roads. These connections
create a continuous walking path through the development creating easy pedestrian and bicycle
access within and outside of the proposed development.
Despite the Ten Mile Creek qualifying as open space per the UDC, it is the majority of the
proposed open space and is not an active open space area. The Applicant has not been able to
enter into a license agreement with the irrigation district to beauty the creek but the code notes
that this is one of the waterways encouraged to be left natural. There are other small pockets of
open space within this development that the Applicant can accommodate active uses and the
Applicant has chosen to place them throughout the project to encourage use by all future
residents; three of these areas are large enough to be qualified open space(meets the 50'x 100'
requirement). Despite the inclusion of a large area of qualified open space in terms of the
percentage of the site, Stafffinds the proposed open space is in alignment with this policy.
"Reduce the number of existing access points onto arterial streets by using methods such as cross-
access agreements, access management, and frontage/backage roads, and promoting local and
collector street connectivity"(6.01.02B). Due to the triangle shape of this parcel and its location
being constrained directly by the Ten Mile Creek and two arterial streets, strict compliance with
this policy is not feasible. There are no streets (public or private)stubbed to this property and
this parcel also cannot stub to any other parcel due to these constraints. The Applicant is only
proposing one access for the development and is locating it as far away from the intersection as
physically possible. Despite not being able to comply with this policy, Staff acknowledges that
only one access to an arterial is proposed. The access to Victory Rd. is for emergency access
only.
"Require all new residential neighborhoods to provide complete streets,consistent with the
Transportation and Land Use Integration Plan."(2.02.01Q. The Applicant is not proposing to
construct complete streets with this development and therefore does not comply with this policy.
Instead, the Applicant is proposing to construct private streets at their minimum standard width
of 24 feet with a 5-foot attached sidewalk on both sides of the street along the main access road,
shown as Compass Lane on the submitted plans. Both ACHD and the Applicant believe private
streets are the preferred street type in this development because there is no opportunity for road
connectivity to adjacent parcels due to the site constraints outlined above. The Applicant is not
required to construct private streets and public streets would be accepted by the highway district
if proposed as compliant with their standards. However,public streets require more right-of-way
than private streets and if this were to be constructed with public roads instead, a redesign of the
project would be required and would likely result in a large reduction in building lots and usable
land.
"Annex lands into the corporate boundaries of the City only when the annexation proposal
conforms to the City's vision and the necessary extension of public services and infrastructure is
provided."(3.03.03). The proposed development and use adhere to the vision established by the
underlying future land use designation in that it should offer an additional housing option for the
immediate area. Single-family detached homes are permitted in the R-8 zoning district. In
addition, all infrastructure extensions will be paid for by the Applicant and not the taxpayers.
"Encourage compatible uses and site design to minimize conflicts and maximize use of land."
(3.07.00). The proposed site design provides maximum use of the land with the proposed
residential dwelling types and should be compatible with the adjacent subject sites.
Staff finds this development to be generally consistent with Comprehensive Plan policies and
objectives.
VI. STAFF ANALYSIS
NOTE: On May 4,2023,the Planning and Zoning Commission continued this project to allow
the Applicant the opportunity to address the recommended conditions of approval proposed by
Staff. Staff s analysis,exhibits,and conditions of approval have been updated to reflect the
changes to the plans as required by the Commission and Staff.
A. ANNEXATION(AZ)
The applicant proposes to annex 7.69 acres of land with an R-8 zoning district. A legal
description and exhibit map for the annexation area is included in Section VIII.A. The property is
contiguous to City annexed land and is within the City's Area of City Impact boundary.
A preliminary plat and conceptual building elevations were submitted showing how the property
is proposed to be subdivided and developed with 21 single-family residential detached dwelling
units at a gross density of 2.96 units per acre(see Sections VIII.B,E). The proposed use and
density of the development are consistent with the MDR FLUM designation.
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.
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):
NOT-E: Staff r-eaehed out to the Applieant last week to diseuss r-eeommended r-evisions to the
plat and elevations prior-to the Commission hearing. To date, Staff has not r-eeeived a
response baek from the applieant.-Based on the analysis below sever-a!of StafVs
Commission wants to review the ehanges before maldng a r-eeommendation to City Counew,
Staff r-eeommends the Commission eontinue the appliention.
The proposed preliminary plat consists of 21 building lots and 6 common lots on 7.08 acres of
land in the proposed R-8 zoning district. Proposed lots range in size from 5,000 to 7,529 square
feet(s.£) (or 0.11 to 0.17 acres). The proposed gross density of the subdivision is 2.96 units per
acre. The subdivision is proposed to develop in one phase as shown in Section VIII.B.
Existing Structures/Site Improvements: An existing home and outbuilding on the subject
property are proposed to be removed with the development of this property. Prior to the City
Engineer's signature on the final plat, all existing structures are required to be removed.
Dimensional Standards(UDC 11-2): The proposed plat and subsequent development are
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.
Private Streets/Access: Access for this development is proposed via a gated private street
connection to S. Locust Grove in the southeast corner of the site aligning with E. Coastline St. on
the east side of Locust Grove(the access into Tradewinds Subdivision). All private streets appear
to meet UDC dimensional standards for width,number of units,and turnarounds. However,the
private street standards prohibit connections to arterial roadways unless approved through
alternative compliance.Per UDC 11-3F-4.A.B.3, upon recommendation of the City Engineer
and Fire Marshal, the Director may approve, or recommend approval of alternative design or
construction standards when the applicant can demonstrate that the proposed overall design
meets or exceeds the intent of the required standards of this Article and shall not be
detrimental to the public health, safety, and welfare.
Alternative Compliance(ALT) to the private street standards is requested due to the triangular
shape bordered on two sides by arterial streets and on one side by the Ten Mile Creek. There is
no opportunity for connectivity to any adjacent site lot and so ACHD prefers private streets
within the development. Consequently, because private streets take less right-of-way than
public streets and most notably because of the constraints just noted the Applicant agrees with
this assessment and has proposed private streets throughout the development. Based on the
analysis, the Director is supportive of the request for ALT for the proposed private streets
within this development taking access from an arterial street.
City code requires that private streets are to be used in either a mew or gated development and
so the Applicant has proposed to construct a gated entry into the development. The proposed
gate looks to meet the setback standard of 50-feet back from the ultimate edge of right-of-
way per UDC 11-3F-4. ; , a turnaround should be depieted on the plat prior-to
proposed gate to allow spnee for-vehieles to turn around without ha-Ang to baek out on to
Loeust Grove Road.
The access point into the development does not meet ACHD district policy but they are modifying
their policy to accommodate access into the development because it aligns with the access across
Locust Grove Road. The Applicant is proposing to construct private streets that are 24'wide
with S'attached sidewalk along the perimeter lots within the development. The applicant is also
providing a pedestrian connection to the 10 foot multi-use pathway along Locust Grove and
connects with a bus stop location. Staff supports the proposed sidewalk layout to ensure adequate
pedestrian access in the development except Staff believes an additional pedestrian connection to
Locust Grove is necessary from near the center of development.
At the north end of the main street within the development(labeled as Compass Lane on the plat)
the Applicant is proposing an emergency-only access to Victory Road. This access is required if
more than 30 homes are to be constructed. Staff is not aware of the kind of emergency access
proposed but Meridian Fire prefers bollard-type accesses for added efficiency in emergency
situations;Meridian Fire has approved the requested preliminary plat for fire access,
turnarounds, and road widths.
Additionally,the private street appears to ener-oaeh or-prevent the Applieant&om
installing the 25 foot landseape buffer- along Loeust Grove Road whieh will require the
Applieant to r-ealign the private street outside of this area; this eould result in the loss of a
buildable lot and a deer-ease in the proposed open spaee.
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.
The proposed street sections(24 feet wide with attached sidewalk) of the private streets within
the development,shown on the submitted preliminary plat, CANNOT accommodate parking on
either side of the street. The entirety of the private streets will be required to be labeled as `No
Parking,"per the Meridian Fire recommendations. Each unit will be required to meet the off-
street parking standards and Staff encourages the developer of this site to include provisions
within their HOA bylaws that prohibit garages from being used as storage. This would help
alleviate some of the parking issues seen throughout the City and especially in areas where no
on-street parking is allowed.
The Applicant is also showing guest parking along the Compass Lane totaling 13 additional
parking spaces. Lot 6,Block 3 is proposing 6 guest spaces,Lot 2,Block 2 is proposing 7 guest
spaces, both are within a common lot, however staff is not qualifying these areas as open
space.
Sidewalks(11-3A-17): Five-foot attached sidewalks are proposed along both sides of the main
entrance and on one side of all internal private streets. Sidewalks are not required when
constructing Private Streets. There is no existing sidewalk along Victory Road or Locust Grove;
only a portion of a-510-foot sidewalk along the southeast of S. Locust Grove Road is proposed
with this project because both arterial streets are currently under construction to be widened as
part of the roundabout project at this intersection by ACHD,as stated above.
Detached sidewalks are required along arterial roadways per UDC 11-3A-17. The Applicant has
already agreed to dedicate additional right of way to ACHD for the roundabout and future
widening of Victory and Locust Grove. ACHD is requiring the Applicant to road trust for the
sidewalk improvements as the roundabout and associated improvements will likely be constructed
prior to construction of this site. In addition, this will ensure any improvements made by the
Applicant will not have to be removed to make the planned roundabout improvements. The
submitted plat does depict the intersection improvements currently under construction. vweivr,
4The applicant is proposing to construct a 310 foot wide detached sidewalk along a portion of
Locust Grove Road consistent with the improvements ACHD is constructing. Staff reeommends
the appikant eenstruef a 10 feet W&sidejmM along their endm perWen qfLast Grove Roa
Landscaping(UDC 11-3B): A 25-foot wide street buffer is required adjacent to E. Victory and
S. Locust Grove Roads,both are designated as arterial streets. This buffer should be landscaped
per the standards listed in UDC 11-3B-7C and placed into a common lot that is at least 25 feet
wide. In most cases this common lot should also contain the detached sidewalk required along all
arterial roadways but in this case a portion of the sidewalk abutting this site will be built with the
ACHD roundabout project.The Applicant is constructing the remaining portion of the sidewalk
on the southeast property boundary adjacent to S. Locust Grove. The landscape plan depicts a
-510-foot wide sidewalk connecting to the 10-foot wide sidewalk to be constructed by ACHD.
sidejm1k eonneedon along S-. Laeiist Grove Road-, the added WdM to ep siddewalk, ioaks to
dintinish the 25 foot landseape buffen SMff suggests that theAppUeant demeh the 10 foot
layout to meet the landseape&�requMement 15 days p4or to the City Couneil Mearing.
The submitted landscape plan and preliminary plat depict a landscaper buffer,the correct
number of trees appear to be shown on the submitted landscape plans (see Section VIII.Q.
All required landscape buffers along
streets shall be designed and planted with a variety of trees, shrubs, lawn, or other vegetative
ground cover. Plant materials in conjunction with site design shall elicit design principles
including rhythm, repetition, balance, and focal elements.
remise The landscape plans appears to meet the standards in UDC 11-3B-7(Landscape buffers
along streets). Seefigums Mom
A T-r-ee Mitigation Plan should be submitted with the final plat detailing all existing trees
and methods of mitigation outlined by the City Ar-bor-ist before any trees are to be rem
as set for-th in UDC 1-3B 0 5.
Common Open Space& Site Amenities(UDC 11-3G-3): A minimum of 15% (or 1.06 acres
based on 7.08 acres) qualified open space is required to be provided in this development per the
standards listed in UDC 11-3G-3.
An open space exhibit was submitted that depicts 2.22 acres of common open space for the
development with 1.06 acres of this area as qualified open space (see Section V111D). The
minimum amount of qualified open space required is 1.06 acres, approximately 46,174 square
feet. There are four(4) main open space areas proposed within Compass Pointe, the centralized
common open space includes a sitting area and pickleball court; a pocket park near the entrance
will have a gazebo with a picnic area,plaza, and sitting area; dog park with sitting area and
wrought iron fencing; and linear open space along the northern boundary next to the Ten Mile
Creek.
The open space for this development is vastly made up of the Ten Mile Creek easement(2.12
acres) and the arterial street buffers (22,315 square feet of qualifying area).All of this area is
qualifying but the Ten Mile Creek will be left natural(no improvements) and will be a buffer and
more of a visual amenity rather than usable open space for the development.
Due to the peculiar shape of this site,Staff finds the proposed open space meets the UDC code
requirements;however,Staff recommends the Applicant submit a revised open space exhibit
due to the modifications noted above—vehicle turnaround, and realigning the road to
accommodate the 25 foot landscape buffer requirement. 15 days pfier to the City Coune
Hearing
Based on the area of the proposed plat, 7.08 acres,a minimum of one(1)qualified site amenity is
required to be provided per the standards listed in UDC 11-3G-3C. The applicant has proposed
three (3)qualifying amenities in multiple locations: gazebos, a picnic area, seating around small
plazas,pickleball court with a seating area, and dog park.
The proposed amenities exceed the minimum UDC requirements and Staff finds them to be
applicable for a community of this kind due to the variety of activity levels they can
accommodate.
Waterways: The Ten Mile Creek runs along the western boundary of the site. The irrigation
easement is depicted on the plat and no encroachments are allowed within the easement area. The
landscape plan depicts a landscape buffer that looks to be at 5-feet in width adjacent to the
irrigation easement line on the landscape plan meeting the UDC standards. TheApplie
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 1,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.
Fencing(UDC 11-3A-6. I1-3A-7): All fencing is required to comply with the standards listed in
UDC 11-3A-7. According to the submitted landscape plans, the Applicant is proposing three
(3)types of fencing throughout the site, 6-foot vinyl solid fencing, 6-foot wrought iron fencing,
and 4-foot wrought iron fencing.
Fencing is shown on the landscape plan along the subdivision boundary, adjacent to the Ten Mile
Creek, around the central open space lot along the northern portion of the site, and around the
dog park. Fencing shown next to any open space shall be open-vision or semi private fencing per
UDC requirements. The landscape plan appears to be in compliance with this requirement.
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.
Building Elevations: One(-�)Two 2 conceptual building elevations was-were submitted that
demonstrate what future homes in this development will look like (see Section VIII.F);a two-
story homes that includes a variation of materials with a two-car garage are proposed. The
submitted elevations depict a number of different architectural and design styles with field
materials of lap siding,shake, differing color accents, roof profiles, and distinct window styles.
Staff recommends that the Applicant add additional stone or brick accents to the front of the
homes to provide more of a variation in materials.
story and single story hem . Staff is recommending a condition of approval that the
Applicant vary the build-to-lines along the northern boundary within the development to
eliminate any monotonous wall plane;this should occur with every third structure showing a
different wall plane.
The Applicant shag be requ to submitted revised/additional elevations and an as shown on
Exhibit E that demonstrates Mg varying build-to-lines and elevations along the northern
boundary. that eeemp with eveiy third struetum within 15 da�wprior to the City Gen
VII. DECISION
A. Staff:
Staff recommends approval of the proposed annexation with the requirement of a Development
Agreement, and preliminary plat per the provisions in Section X in accord with the Findings in
Section XI. The Director approved the alternative compliance and private street applications for
this development.
B. The Meridian Planning&Zoning Commission heard these items on June 1,2023.At the public
hearing,the Commission moved to recommend approval of the subject Annexation&Zoning,
Preliminary Plat,Private Streets and Alternative Compliance requests.
1. Summary of Commission public hearing_
a. In favor: Steve Arnold,A Team Land Consultants
b. In opposition:None
C. Commenting: Steve Arnold,A Team Land Consultants
d. Written testimony: None
e. Staff presenting application: Stacy Hersh,Associate Planner
f. Other Staff commenting on application:None
2. Key issue(s)of public testimony
a. None
3. Key issues)of discussion by Commission.
a. None
4. Commission change(s)to Staff recommendation:
a. None
5. Outstandin issue(s)ssue(s) for City Council:
a. None
C. The Meridian City Council heard these items on June 27,2023. At the public hearing, the Council
moved to approve the subject Annexation.Zoning,Preliminary Plat,ALT,and Private Street
reauests.
1. Summary of the City Council public hearing:
a. In favor: Steve Arnold A Team Land Consultants
b. In opposition:None
c. Commenting: Steve Arnold.A Team Land Consultants
d. Written testimony: None
C. Staff presenting application: Stacy Hersh.Associate Planner
f. Other Staff commenting on application:None
2. Key issue(s)of public testimony:
a. None
3. Key issue(s)of discussion by City Council:
a. Concerns with overflow parking and delivery trucks
4. City Council change(s)to Commission recommendation.
a. None
VIII. EXHIBITS
A. Annexation Legal Description and Exhibit Map
625.91
n89°42'20"e
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Title: Date:05-19-2020
Scale: 1 inch=200 feet File:COMPASS POINTE SUB REZONE ANNEXATION.des
Tract 1: 7.690 Acres: 334998 Sq Feet:Closure=s72.0359w 0.00 Feet: Precision>11999999: Perimeter=2931 Feet
001=00.1411w 1070.48 003—n89.4220e 625.91
002=n30.1247w 1235.02
EXHIBIT MAP OF
COMPASS POINTE SUBDIVISION
RE—ZONE & ANNEXATION
A PORTION OF THE NE 1/4 OF THE NE 1/4 OF SECTION 30,
T. 3 N., R 1 E., S.M.,
CITY OF MERIDIAN, ADA COUNTY, IDAHO
2020
E VICTORY RD
N 89'42'20" E 625.91'
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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 The DA shall, at minimum,
incorporate the following provisions IF City Council determines annexation is in the best
interest of the City:
a. Future development of this site shall be generally consistent with the approved
Preliminary Plat,Landscape Plan,common open space/site amenity exhibit and
conceptual building elevations for the development included in Section VIII
and the provisions contained herein.
b. The entire frontage improvements along E. Victory Road and S. Locust Grove
Road shall be completed with the first phase of development, except for a
portion of the required sidewalks,per the conditions of approval by ACHD.
c. A final plat application shall not be submitted until the intersection
improvements are substantially complete.
2. , The preliminary plat included in
Section VIII.B, dated 3/7/2023, shall be revised as follows:
a.
Revise the plat to depiet a vehiele t+imar-otmd prior-to the proposed epAi=y g4e to allow
b. Revise the pla4 to show vafying Wild te lines aleng the aet4hem betmdafy within the
develepm&4 to eliminate any monotonous wall plane;this sha4l eeeur-with evei=y third—
c.
Revise the plat to show the additien ef a Sid-walk eenneetien te E.Vietefy Read from
Compass L
d. Revise the..W t -epl ee the proposed c feet wide sidewalk with 10 feet wide
sidewa4k along S. Leetist Grove Read eenneeting te the 10 feet wide sidewalk to be
rs,,-aetoa by n G14D
e. Revise the pW to show six(6) eemmen lots instead of-7-.
3. i , The landscape plan included in
Section VIII.C,dated 3/1/2023 shall be revised as follows:
a.
b. Depiet the width ef the 25 feet wide!a-adseape buffer-s along S. Leetist Grove Read a-a
E. Vieiar-y Read as well as the bugar-width adj.ee fft t the Tor ratio r-eek
c.
Revise!he landseape pla+i ie show the addition of a sidewalk ewmeetieft to E.Vietef�',
Read ffem Compass T=Pjae.
d. Revise the!a-adseape plan te feplaee the pfopesed 5 feet wide sidewalk with a 10 fee
wide sidewalk alefig S. Loeust Gre'Ve Read eenneeting to the 10 feet ,,vide sidewalk to be
e. .
f. 1fielude mitigation ealeula4iefis on the plan far-existing tfees dia4 are pf:epesed to - -,
removed in aecer-d with the listed in UPC 1l 3B-40c-S. eAppli hall
,,.;t:,.., io t r .,1 f existing tees f t o site
g•
4. The Applicant shall vary the build-to-lines along the northern boundary within the
development to eliminate any monotonous wall plane;this should occur with every third
structure showing a different wall plane as shown on Exhibit E.
5. The proposed plat and subsequent development are required to comply with the dimensional
standards listed in UDC Table 11-2A-6 for the R-8 zoning district.
6. The Director has approved the Alternative Compliance Requests to the private street
requirements in UDC 11-3F-4A.2.
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. Prior to the City Engineer's signature on the final plat,all existing structures shall be
removed.
9. ,
provide an Exhibit defflafistfa4ing how futffe homes alen
the pr-epesed"Compass Lane"will provide va-r-iatiea in building sethaeks te eeat6bt4e to
.tt,active sti feets,ape(this shall aeour-w4h evefy tl.;.,l st,. et,,,.o)
10. Submit revised elevations that inelude a mix of siefte andler-br-iek and provide additional
11. The Ten Mile Creek that resides along the western boundary of the subject site shall be
protected during construction.
12. The Applicant shall comply with and maintain all applicable standards for the proposed
Private Streets as outlined in UDC 11-3F.
13. "No Parking" signs shall be erected on both sides of the private streets throughout the
development; coordinate with Joe Bongiorno of the Fire Department if you have any questions
regarding this condition.
14. All fencing is required to comply with the standards listed in UDC 11-3A-7.
15. The applicant and/or assigns shall have the continuing obligation to provide irrigation that
meets the standards as set forth in UDC 11-313-6 and to install and maintain all landscaping as
set forth in UDC 11-3B-5,UDC 11-3B-13 and UDC 11-3B-14.
16. The preliminary plat approval shall become null and void if the applicant fails to either:
1) obtain the City Engineer's signature on a final plat within two years of the date of the
approved findings; or 20 obtain approval of a time extension as set forth in UDC 11-6B-7.
B. PUBLIC WORKS
1. Site Specific Conditions of Approval
1.1 Connect the Compass Lane water main north to the water main in Victory Road.
1.2 At the end of Navigation Road,provide a meter pit for a 1"service and a 4"sleeve to the
northeast at the proposed edge of the future roundabout. This will be used for a future water
service to the roundabout for landscaping.
1.3 Horizontal separation between water and sewer mains must be a minimum of 10 feet.
1.4 Water main must be a minimum of 4 feet from all curb/gutter.
1.5 Call out the removal of all water blow-offs.
1.6 Water and Sewer mains in parallel require a 30 feet easement. Water and sewer need 10 feet
separation and should be evenly spaced from the edge of the easement. Water mains by
themselves need a 20 feet easement with the water main centered in the easement.
1.7 Ensure no permanent structures(trees,bushes,buildings, carports,trash receptacle walls,
fences, infiltration trenches, light poles, etc.)are built within the utility easements.
1.8 A street light plan will need to be included in the final plat application. Street light plan
requirements are listed in section 6-7 of the City's Design Standards. A streetlight future
installation agreement will be required for the streetlights on Locust Grove and Victory.
Locust Grove and Victory are scheduled to be improved by ACHD and streetlights will be
installed during the improvements. Contact the Transportation and Utility Coordinator for
additional information.
1.9 The geotechnical investigative report prepared by SITE Consulting, LLC dated April 6,2020,
indicates some specific construction considerations and recommendations. The applicant
shall be responsible for the strict adherence of these considerations and recommendations
to help ensure that homes are constructed upon suitable bearing soils, and that groundwater
does not become a problem with home construction.
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 11"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 12-13-8.3). 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. hi performing such work,the applicant shall comply with Idaho Code
42-1207 and any other applicable law or regulation.
2.7 Any existing domestic well system within this project shall be removed from domestic
service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering
Department at(208)898-5500 for inspections of disconnection of services. Wells may be
used for non-domestic purposes such as landscape irrigation if approved by Idaho
Department of Water Resources Contact Robert B.Whitney at(208)334-2190.
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 All grading of the site shall be performed in conformance with MCC 11-12-3H.
2.17 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.
2.18 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.
2.19 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.
2.20 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.
2.21 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.
2.22 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.
2.23 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(MFD)
https:llweblink.meridianciU.org/WeUink/DocView.aspx?id=293278&dbid=0&repo=MeridianC
D. POLICE DEPARTMENT(MPD)
No comments received.
E. COMMUNITY DEVELOPMENT SCHOOL IMPACT TABLE
No comments received.
F. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ)
https://weblink.meridianciV.oL-glWebLinkIDocView.aspx?id=293549&dbid=0&repo=MeridianC
ky
G. CENTRAL DISTRICT HEALTH DEPARTMENT(CDH)
No comments received.
H. ADA COUNTY DEVELOPMENT
https://weblink.meridiancity.org/WebLink/DocView.aspx?id=294149&dbid=0&repo=MeridianC
ity
I. ADA COUNTY HIGHWAY DISTRICT(ACHD)
https:llweblink.meridiancity.org/WebLink/DocView.aspx?id=297975&dbid=0&repo=MeridianC
i &cr=1
J. IDAHO TRANSPORTATION DEPARTMENT(ITD)
https://weblink.meridiancity.oL-glWebLinkIDocView.aspx?id=294154&dbid=0&repo=MeridianC
i &cr=1
K. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID)
https:llweblink.meridiancily.org/WebLink/DocView.aspx?id=294810&dbid=0&repo=MeridianC
ky
X. FINDINGS
A. Annexation and/or Rezone(UDC 11-513-3E)
Required Findings: Upon recommendation from the commission,the council shall make a full
investigation and shall, at the public hearing,review the application. In order to grant an
annexation and/or rezone,the council shall make the following findings:
1. The map amendment complies with the applicable provisions of the comprehensive
plan;
Commission finds the proposed zoning map amendment to R-8 and proposed residential uses
are consistent with the Comprehensive Plan, if all provisions of the Development Agreement
and conditions of approval are complied with.
2. The map amendment complies with the regulations outlined for the proposed districts,
specifically the purpose statement;
Commission finds the proposed zoning map amendment will allow for the development of
single-family detached homes which will contribute to the range of housing opportunities
available within the City and especially in the area immediate to this site, consistent with the
Comprehensive Plan, and the purpose statement of the residential district.
3. The map amendment shall not be materially detrimental to the public health,safety,
and welfare;
Commission finds the proposed zoning map amendment should 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
Commission finds the proposed zoning map amendment will 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.
Commission finds the proposed annexation is in the best interest of the City per the Analysis
in Section VI.
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;
Commission finds that the proposed plat, with Staffs recommendations, is in substantial
compliance with the adopted Comprehensive Plan in regard to land use, density,
transportation, and pedestrian connectivity. (Please see Comprehensive Plan analysis and
other analysis in Section V and Section VI of this report for more information)
2. Public services are available or can be made available and are adequate to accommodate
the proposed development;
Commission finds that public services will be provided to the subject property with
development. (See Section IX of the Staff Reportfor 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, Commission 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;
Commission finds there is public financial capability of supporting services for the proposed
development based upon comments from the public service providers (i.e., Fire, DEQ, Ada
County Development, etc). (See Section IXfor more information.)
5. The development will not be detrimental to the public health, safety or general welfare;
and,
Commission is not aware of any health, safety, or environmental problems associated with the
platting of this property. ACHD considers road safety issues in their analysis and approves of
the project with specific conditions of approval relating to the scheduled road improvements
adjacent to the subject site.
6. The development preserves significant natural,scenic or historic features.
The Applicant is preserving the Ten Mile Creek that resides on the subject property; therefore,
Commission finds the Applicant meets this finding.
C. Private Street Findings:
In order to approve the application,the Director shall find the following:
1. The design of the private street meets the requirements of this Article;
The design of the proposed private streets complies with the standards listed in UDC 11-3F-
4; except for the required turnaround prior to the entry gate. See analysis in Section VI for
more information.
2. Granting approval of the private street would not cause damage hazard, or nuisance, or
other detriment to persons,property,or uses in the vicinity; and
Commission does not anticipate the proposed private streets would cause any hazard,
nuisance or other detriment to persons,property or uses in the vicinity if they are designed as
proposed and constructed in accord with the standards listed in UDC 11-3F-4B.
3. The use and location of the private street shall not conflict with the comprehensive plan
and/or the regional transportation plan.
The location of the private streets does not conflict with the Comprehensive Plan and/or the
regional transportation plan despite needing Alternative Compliance for its connection
directly to an arterial street. With the constraints detailed and analyzed for this development,
Staff finds that local street access has been provided via a private street.
4. The proposed residential development(if applicable)is a mew or gated development.
The Applicant is proposing to construct the residential development as a gated community
and so, Commission finds this development in compliance with this finding.
D. Alternative Compliance:
In order to grant approval for alternative compliance to allow Private Streets directly off an
arterial,the director shall determine the following findings:
1. Strict adherence or application of the requirements is not feasible; OR
Access to this development is provided by a private street and the UDC restricts access to
both Victory Road and Locust Grove Road, arterial streets. There are no available local
street connections to the subject property due to it being a triangle shape bordered on two
sides by arterial streets and the other by the Ten Mile Creek. Because the property is not
served by public local street streets and any public street would not be able to be extended to
any adjacent property, the Director finds strict adherence to the UDC is not feasible and
approves the request for the private streets to directly connect to S. Locust Grove Road, an
arterial street.
2. The alternative compliance provides an equal or superior means for meeting the
requirements; and
The Director finds the development proposed by the applicant as a whole provides an equal
or superior means for meeting the requirements in that it contributes to the unique character
of the area and provides diversity in housing types available within the City.
3. The alternative means will not be materially detrimental to the public welfare or impair
the intended uses and character of the surrounding properties.
The Director finds that the proposed alternative means will not be detrimental to the public
welfare or impair the intended use%haracter of the surrounding properties and will
contribute to the character and variety of housing types in this area of the City.