Solitude Subdivision AZ 06-007
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ADA COUNTY RECORDER J. DAVID NAVARRO
BOISE IDAHO 08/17106 01:17 PM
DEPUTY Patti Thompson
RECORDED-REQUEST OF
City 01 Meridian
AMOUNT ,DO
41
III 1111111111 111111111111111111111111
113':.133466
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DEVELOPMENT AGREEMENT
PARTIES: 1.
2.
3.
City of Meridian
Providence Development Group, LLC, Developer
Solitude Development, LLC, Owners
THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and
entered into this ?. ,..'t.!l. day of J v. \~ ' 2006, by and between City of Meridian, a
municipal corporation ofthe State ofId 0, hereafter called "CITY", Providence Development
Group, LLC, whose address is 701 S. Allen Street, Meridian, Idaho 83642, hereinafter called
"DEVELOPER", and Solitude Development, LLC, whose address is 701 S. Allen Street, #106,
Meridian, Idaho 83642, hereinafter called "OWNER".
1.
RECIT ALS:
1.1 WHEREAS, "Owner" are the sole owners, in law and/or equity, of
certain tract of land in the County of Ada, State ofIdaho, described in
Exhibit A for each owner, which is attached hereto and by this
reference incorporated herein as if set forth in full, herein after referred
to as the "Property"; and
1.2 WHEREAS, I.C. S 67-6511A, Idaho Code, provides that cities may, by
ordinance, require or permit as a condition of re-zoning that the
"Developer" and/or "Owner" 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 the Unified Development Code, which authorizes
development agreements upon the annexation and/or re-zoning ofland;
and
1.4 WHEREAS, "Developer" has submitted an application for annexation
and zoning of the "Property's" described in Exhibit A, and has
requested a designation of (R-8) Medium Density Residential District,
(Municipal Code of the City of Meridian); and
1.5 WHEREAS, "Developer" and/or "Owner" made representations at the
public hearings both before the Meridian Planning & Zoning
Commission and before the Meridian City Council, as to how the
subject "Property" will be developed and what improvements will be
made; and
DEVELOPMENT AGREEMENT (AZ 06-007) SOLITUDE SUBDIVISION
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1.6 WHEREAS, record of the proceedings for the requested annexation
and zoning designation of the subject "Property" held before the
Planning & Zoning Commission, and subsequently before the City
Council, include responses of government subdivisions providing
services within the City of Meridian planning jurisdiction, and received
further testimony and comment; and
1.7 WHEREAS, City Council, the 11 th day of April, 2006, has approved
certain Findings of Fact and Conclusions of Law and Decision and
Order, set forth in Exhibit B, which are attached hereto and by this
reference incorporated herein as if set forth in full, hereinafter referred
to as (the "Findings"); and
1.8 WHEREAS, the Findings require the "Developer" and!or "Owner" to
enter into a development agreement before the City Council takes final
action on annexation and zoning designation; and
1.9 "DEVELOPER" and/or "OWNER" deem it to be in their best
interest to be able to enter into this Agreement and acknowledges that
this Agreement was entered into voluntarily and at their urging and
requests; and
1.10 WHEREAS, "City" requires the "Developer" and! or "Owner" 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 development
agreement, herein being established as a result of evidence received by
the "City" in the proceedings for zoning designation from government
subdivisions providing services within the planning jurisdiction and
from affected property owners and to ensure re-zoning designation is in
accordance with the amended Comprehensive Plan of the City of
Meridian adopted August 6, 2002, Resolution No. 02-382, and the
Zoning and Development Ordinances codified in Meridian City Code
Title 11, Unified Development Code.
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.
DEVELOPMENT AGREEMENT (AZ 06-007) SOLITUDE SUBDIVISION
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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 ofthe 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 Idaho Avenue,
Meridian, Idaho 83642.
3.2 "DEVELOPER": means and refers to Providence Development
Group, LLC, whose address is 701 S. Allen Street, Meridian, Idaho
83642, the party developing said "Property" and shall include any
subsequent developer( s) of the "Property".
3.3 "OWNER": means and refers to Solitude Development, LLC, whose
address is 701 S. Allen Street, #106, Meridian, Idaho 83642, the party
that owns said "Property" and shall include any subsequent owner(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 described
in Exhibit A describing the parcels to be annexed and zoned R-8
(Medium Density Residential District) attached hereto and by this
reference incorporated herein as if set forth at length.
4.
USES PERMITTED BY THIS AGREEMENT:
4.1 The uses allowed pursuant to this Agreement are only those uses
allowed under "City's" Zoning Ordinance codified in Meridian City
Code Section 11 which are herein specified as follows:
Construction and development of a Certificate of Zoning Compliance
shall be submitted to the City of Meridian prior to a future
development in the R-8 zone, and the pertinent provisions of the City
of Meridian Comprehensive Plan are applicable to this AZ 06-007
application.
4.2 No change in the uses specified in this Agreement shall be allowed
without modification of this Agreement.
DEVELOPMENT AGREEMENT (AZ 06-007) SOLITUDE SUBDIVISION
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5. CONDITIONS GOVERt~ING DEVELOPMENT OF SUBJECT
PROPERTY:
5.1. "Developer" and/or "Owner" shall develop the "Property" in accordance with
the following special conditions:
5.1.1. That all future uses shall not involve uses, actIVItIes, processes,
materials, equipment and conditions of operation that will be
detrimental to any persons, property or the general welfare by reason of
excessive production of traffic, noise, smoke, fumes, glare or odors.
5.1.2. That all future development of the subject property shall be constructed
in accordance with City of Meridian ordinances in effect at the time of
the development.
5.1.3. That the applicant be responsible for all costs associated with the sewer
and water service extension.
5.1.4. That any existing domestic wells and/or septic systems within this
project will have to be removed from their domestic service, per City
Ordinance Section 5-7-517, when services are available from the City
of Meridian. Wells may be used for non-domestic purposes such as
landscape irrigation.
5.1.5. That the applicant voluntarily agrees to construct a pedestrian pathway
along Meridian Road in front of the 5-acre out-parcel. A pedestrian
pathway along Meridian Road that extends the entire length of the
western subdivision boundary (including the 5-acre out~parcel) shall be
installed prior to occupancy of any new dwelling units on this property.
6. COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and
the commitments contained herein shall be terminated, and the zoning designation reversed,
upon a default of the "Developer" and/or "Owner" or "Developers" and/or "Owners" heirs,
successors, assigns, to comply with Section 6 entitled "Conditions Governing Development of
Subject Property" of this agreement within two years of the date this Agreement is effective,
and after the "City" has complied with the notice and hearing procedures as outlined in Idaho
Code S 67-6509, or any subsequent amendments or recodifications thereof.
7. CONSENT TO DE-ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
DEVELOPMENT AGREEMENT (AZ 06-007) SOLITUDE SUBDIVISION
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"Developer" and/or "Owner" consents upon default to the reversal of the
zoning designation of the "Property" subject to and conditioned upon the following conditions
precedent to-wit;
7.1 That the "City" provide written notice of any failure to comply with this
Agreement to "Developer" and/or "Owner and if the "Developer"
and/or "Owner" fails to cure such failure within six (6) months of such
notice.
8. INSPECTION: "Developer" and/or "Owner" 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 Development Agreement and all
other ordinances of the "City" that apply to said Development.
9.
DEFAULT:
9.1 In the event "Developer" and/or "Owner", or "Developer's" and/or
"Owner'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 cOlmection with the "Property", this Agreement
may be modified or terminated by the "City" upon compliance with
the requirements of the Zoning Ordinance.
9.2 A waiver by "City" of any default by "Developer" and/or "Owner" of
anyone or more of the covenants or conditions hereof shall apply
solely to the breach and breaches waived and shall not bar any other
rights or remedies of "City" or apply to any subsequent breach of any
such or other covenants and conditions.
10. REQUIREMENT FOR RECORDATION: "City" shall record either a
memorandum of this Agreement or this Agreement, including all of the Exhibits, at
"Developer's" and/or "Owner's" cost, and submit proof of such recording to "Developer"
and/or "Owner", prior to the third reading of the Meridian Zoning Ordinance in connection
with the re-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.
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11. ZONING: "City" shall, following recordation of the duly approved
Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein.
12. REMEDIES: This Agreement shall be enforceable in any court of competent
jurisdiction by either "City" or "Developer" and/or "Owner", or by any successor or
successors in title or by the assigns of the parties hereto. Enforcement may be sought by an
appropriate action at law or in equity to secure the specific performance of the covenants,
agreements, conditions, and obligations contained herein.
12.1 In the event of a material breach of this Agreement, the parties agree
that "City" and "Developer" and/or "Owner" shall have thirty (30)
days after delivery of notice of said breach to correct the same prior to
the non-breaching party's seeking of any remedy provided for herein;
provided, however, that in the case of any such default which cannot
with diligence be cured within such thirty (30) day period, if the
defaulting party shall commence to cure the same within such thirty
(30) day period and thereafter shall prosecute the curing of same with
diligence and continuity, 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.
12.2 In the event the performance of any covenant to be performed
hereunder by either "Developer" and/or "Owner" or "City" is delayed
for causes which are beyond the reasonable control of the party
responsible for such performance, which shall include, without
limitation, acts of civil disobedience, strikes or similar causes, the
time for such performance shall be extended by the amount of time of
such delay.
13. SURETY OF PERFORMANCE: The "City" may also require surety
bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as
allowed under Meridian City Code, to insure that installation ofthe improvements, which the
"Developer" and/or "Owner" agree to provide, if required by the "City".
14. CERTIFICATE OF OCCUPANCY: The "Developer" and/or "Owner"
agree that no Certificates of Occupancy will be issued until all improvements are completed,
unless the "City" and "Developer" and/or "Owner" has entered into an addendum agreement
stating when the improvements will be completed in a phased developed; and in any event,
no Certificates of Occupancy shall be issued in any phase in which the improvements have
not been installed, completed, and accepted by the "City".
DEVELOPMENT AGREEMENT (AZ 06-007) SOLITUDE SUBDIVISION
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15. ABIDE BY ALL CITY ORDINANCES: That "Developer" and/or
"Owner" agree to abide by all ordinances ofthe City of Meridian and the "Property" shall be
subject to de-annexation if the owner or his assigns, heirs, or successors shall not meet the
conditions contained in the Findings of Fact and Conclusions of Law, this Development
Agreement, and the Ordinances of the City of Meridian.
16. 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:
DEVELOPER:
c/o City Engineer
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83642
Providence Development Group, LLC
Attn: Justin Hubble
701 S. Allen
Meridian, ID 83642
OWNER:
Solitude Development, LLC
Attn: Justin Hubble
701 S. Allen, #106
Meridian, ID 83642
with copy to:
City Clerk
City of Meridian
33 E. Idaho Avenue
Meridian, ID 83642
16.1 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 ofthis section.
17 . ATTORNEY FEES: Should any litigation be commenced between the
parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to
DEVELOPMENT AGREEMENT (AZ 06-007) SOLITUDE SUBDIVISION
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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.
18. 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 ofthe obligations hereunder shall
constitute a breach of and a default under this Agreement by the other party so failing to
perform.
19. 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 "Developer" and/or "Owner" of the "Property", each
subsequent owner and any other person acquiring an interest in the "Property". Nothing
herein shall in any way prevent sale or alienation of the "Property", or portions thereof,
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 "Developer" and/or "Owner", to execute
appropriate and recordable evidence of termination of this Agreement if "City", in its sole
and reasonable discretion, had determined that "Developer" and/or "Owner" has fully
performed its obligations under this Agreement.
20. INVALID PROVISION: If any provision of this Agreement is held not
valid by a court of competent j urisdiction, 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.
21. FINAL AGREEMENT: This Agreement sets forth all promises,
inducements, agreements, condition and understandings between "Developer" and/or
"Owner" 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
"Developer" and/or "Owner" and "City", other than as are stated herein. Except as herein
otherwise provided, no subsequent alteration, amendment, change or addition to tIns
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".
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21.1 No condition governing the uses and/or conditions governing re-zoning of the
subject "Property" herein provided for can be modified or amended without
the approval of the City Council after the "City" has conducted public
hearing(s) in accordance with the notice provisions provided for a zoning
designation and/or amendment in force at the time of the proposed
amendment.
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.
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement
and made it effective as hereinabove provided.
DEVELOPER
PROVIDENCE DEVELOPMENT GROUP, LLC
r4k
By: E. Don Hubble
OWNER
SOLITUDE DEVELOPMENT, LLC
[^1~
By: E. Don Hubble
DEVELOPMENT AGREEMENT (AZ 06-007) SOLITUDE SUBDIVISION
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Attest:
CITY OF MERIDIAN
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STATE OF IDAHO, )
: ss
County of Ada, )
On this ~ day of cr~ ' 2006, before me, the undersigned, a
Notary Public in and for said State, personally appeared E. Don Hubble, known or identified
to me to be the Manager of Providence Development Group, LLC, acknowledged to me that
he executed the same on behalf of said corporation.
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)
Not Public orId
Residing at: ~
My Commis~"~n,ldaho
COrnrIiIulon expires: 12.29-2011
DEVELOPMENT AGREEMENT (AZ 06-007) SOLITUDE SUBDIVISION
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STATE OF IDAHO, )
: ss
County of Ada, )
On this 4t1-tt\ day of JlDlA , 2006, before me, the
undersigned, a Notary Public in and for said State, pgsonally appeared E. Don Hubble,
known or identified to me to be the Manager of Solitude Development, LLC, acknowledged
to me that he executed the same on behalf of said corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year in this certificate first above written.
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STATE OF it11\"e"")"
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County of Ada )
On this ~t... dayof Au,9Us,t:. ,2006, before me, aNotary
Public, personally appeared Tammy de Weerd and William G. Berg, .II., know or identified
to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the
instrument or the person that executed the instrument of behalf of said City, and
acknowledged to me that such City executed the same.
N tary Pu lie r Idaho
Residing at: '
My Commis~tMAdian. Idaho
ConI1tlIlIM......: 12..29-2011
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year in this certificate first above written.
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Residing at: C!uci.u.l:U. l D
Commission expires: 10 -ll-ll
DEVELOPMENT AGREEMENT (AZ 06-007) SOLITUDE SUBDIVISION
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EXBIBlT A
A pmcd of \and \oc:Ied in Oo\IerIuaenl Lot I, Section 31, TOWII5lIip 4 Nortb, Rlmge 1 Eat. Boise
MerldiaD, Ada COWIt)', Idaho, _ plll'Iiculal'ly described lIS 1bllows:
Commeacio& at 1M bIlISS tap, #5191, mukiDg die Nanhwest COl1III' of said Seetion 31, Township
4 North. Raup 1 East. Boise Meridian, said point beiD! aJso tbe point ofbcgiruliDs; fhepce
North 89 degt'eI!S 59'26'" East along tile Nonh line ofGownuneut Lot 1 8Dd the N~ qusmr
ofrhe Nri__<{IIlItt<<ofllllid &<<ion31, adiswto: of 1423.56 bt to tile Nonheasl COIl1Cf of
the West '-Ifof1he Westbalfoflbe Norlheest qMI1ef oflheNDJtbwstquarter of said Section 31;
thence
Sou1b 00 c1esrees 23'56' West along 1he said Eat liPe oCdie West hII1foftbe Wemllalfofthe
NorIbeast ~ ofdle Nord1We&t qtl8l'ter ofSoctioD 31, 8 disIam:e of25.00 r= to 8 found #S
lObar and l:lIp tt4341; tbcnee ~'1iIlg
South 00 c1egms 23'56" West a1q 1be said East 1inll oflbc West ~f oCdle West half ofebe
Northeast quarter of the 'Nonbwm qllllrt<< ofScctioD 31, I distlmcc of 1969.73 filer: 10 II. found fl
rcbar and cap H141 mutiDg the ~ c:omeroftb Walth:llf of the Nartbwestcpwtl:f oCtile
Southe8st quadBt" of the Northwest qu_ of said Sedion 31; Cbealce
South 89 ~ 5'1'50" West alcmg tho South line oflM I8id West tuslf ofdte Nortbwe$t quartEr
oftl1e Soulbeast qD8l1er oftbe Northwest quuta'llIId tho Soadlline ofdie Nonb half of
GovemmcntLol2, Sec:tion 31, a disruce of1393.S1 filctlO II fbund (IS nlbar 8llII cap #4347;
them:e continuing
South 89 dep:es S7'scr WIlllt along the said SoulhIine-oftho-NOl1h half of Government Lot 20 8
dislllnce of2S.oo foetto tho Soutbwe$tcomcroftbll5llid NQftb lIalfofOowmmentLot 2; rbaJc;e
North 00 degrees U'I9'" Easuloog die West 1inll ofOoYenllllmt Lots IInd 2 of said Section 31,
II distanCO of 1150.10 feet; tbaIce
Sootll89 clegrces 49'SO" East, II dislaDce of1S.00 feel to a foIUId tiS nlburlycUow plastic c:ap
114347; t:bem:e CO!ItiDlIiDS
South 89 degrees .9'50" East. 8 di5IaDeC of 4S9AS feet to a tlS rdmrl2" alwnimlm ClIp 11-5461 ;
thence
North 00 desrces 10'21" East, . dialaDee of 467.89 feet to a #S rebarl2" alw:ninllm cap #$(61;
~c
North 89 degrees 49'SO" WII&t,II diMlcc of458.17 fe<<to a#s rebar/2'" alamiDum c:ap f:l461;
1hcnu I:OIIllnuIIIg
North 89 depcs49'SO" West, aclis1amzof2s.GO ftct m WeslliPe ot'OoYanme:nt Lot I ofsaid
Seo;tioo 31; 1beoJ.:e
North 00 ~ lS'2O"Easta1ongdle WestliPeofOovenuDaltLot 1 ofsaidSectiap 31, a
dislllllCIl oOn.36 feet to the pow ofhc:gilming.
EXHIBIT A
A pBrCd ofbmd located ill GCMrIIlIIeDl Lot I, Section 31, ToWll5bip 4 North. R8Jl&e 1 Eut. Eloise
MerIdlaD. Ada Cowny. IdUIo. _ particularly d=scn'bed lIS fiJIlaws:
CommeDCing lit die brass cap, #5291, 8IIrtdDg the NanhwestCOl1lClr of IlIid Secti0ll31, TOWllSbip
4 Nonb, Illmpll East. Boise Mcidiaa, said point bciDg also the: point ofbegiDning; tllence
North 89 degrees S9'26" EaU along 1be Nonh JiDe ofGovemmc:nt Lot I and tile NOI1heast quarter
of the NonhMst~ of_ ~ 31, adil;Qnccof 14D.S6 _ to tIIc Northcul c:omc:r of
the West IuIlfoftbe Wettbalfoflbo Nortbeut quartllI'oflhc NorIhwestquarterohaid Section 31;
theulOC
500111 00 de8*S 23'56' Wc:5talongtbe said But liIle: oftbc: West hlllfofthe Westbalfof1he
Ncmbeast quuter of the NortbWc:8t quarter of SOClioD 31, a dlslaDce of25.00 filet to e fOUlld #S
rebaf ami cap #4347; tMnte .....mmrillg
South 00 dcgreeli 23'56" WClSt akm& 1he said But line ofdm Wesc balf of the West half of me
Northeasrq1Wtcr orb ~qlUll'lCrofS<<:tion 31, 8. disfalIl:e of 1969.73 ii=tto 8. imnd #S
n:bar and cap#H341 uwting the Scn.tdIl:at l;OCIt;l'oflhe WatlPdf'ofthe NlrilweslqulU1et oftbe
Southeast quaABr-oftbe NorthIftst: quartet of Did Section 31; ihcallll
South 89 dopes 51'50" Wcstaloagtbe South liDeoflhnaid Wcstbalfoflhe Nortbwest quartllt
of the Southeut quaItC 0(1110 Nonhwc:;t quarla'and die SoadIline of the Nortb balfof
Government Lot 2, Section 31, e dlsblllCe of 1393.51 fnt ilia found IS rebar and Qp 114347;
thelll;e tolltinuing
South 89-defv=s 51'son West along the SlIid South-lineoftht'NOIth halfofGowrnmall Lot 20 II
distance of2S.oo reetto lhc ~comefOfthe said North lWfofGovernmeot Lot 2; thence
Nortl, OOdep:a 15'19" liast a1cmg1hc West line ofOovemmentLots 1 ancl20fsaid Section 31.
II dismnc:e of J t SO. I 0 filet; thence
Soolb 89 degrees 49'SO" East, a dbtaoce 0125.00 feet to a foWId ItS rcbarl)'ellow plaslic cap
#4347; lheQc= toIltiOlJiIIg
South 89 degrccs49'SO" Ea$l, a dilllanCl:l of4S9AS ~ lOa 115 rctsarl2" a1t1lltinum alP 1#-5461.
Ihence
1%rtb 00 degr=i IO'22"Easr, adislaDce of467.89 kto ats rebarl2" alumimnn Cllp #5461;
1bence
North 119 degrees 49'50" West, e discance of45&.77 feet to ailS rebarl2" allllllinum QptlS461;
thence ~
North 89 degt=s 49'SO" West, a disIsncle of2S.00 feet to Wtst1ine td Gvvemment Lot 1 of_id
Section 31: thente
North 00 ~ 15'2lJ" &st aJoltg Ihe WestliDeofGovenuuut 1.<< 1 ofS8id Section 31. a
distance of3n.36 feet titd;e point ofbegianin,g.
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF
LAW AND
DECISION & ORDER
RECEIVED
APR , 2 2006
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In the Matter of Annexation and Zoning of 38.5 acres from RUT (Ada County) to R-8
(Medium-Density Residential) AND Preliminary Plat approval of 225 single-family
residential building lots and 9 common lots on 59.88 acres, for Solitude Subdivision, by
Providence Development Group, LLC.
Case No(s).: REVISED AZ-06-007 and PP-06-006
For the City Council Hearing Date of: April!1, 2006
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of Apri111, 2006
incorporated by reference)
2. Process Facts (see attached Staff Report for the hearing date of April 11, 2006
incorporated by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of April
11, 2006 incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the
hearing date of April 11, 2006 incorporated by reference)
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use
Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. ~67-6503).
2. The Meridian City Council takes judicial notice of its Unified Development Code
codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of
Meridian has, by ordinance, established the Impact Area and the Amended
Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002,
Resolution No. 02~382 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code S
II-SA.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-06-007/ PP-06-006 - PAGE 1 of4
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 Planning Department, the Public Works Department and any affected
party requesting notice.
7. That this approval is subject to the Legal Description, Preliminary Plat, and the
Conditions of Approval all in the attached Staff Report for the hearing date of April 11,
2006 incorporated by reference. The conditions are concluded to be reasonable and the
applicant shall meet such requirements as a condition of approval of the application.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code ~ II-5A and
based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby
ordered that:
1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat
by Engineering Solutions dated January 13, 2006 is hereby conditionally approved;
2. The following modifications to site specific conditions were made at the City Council
hearing:
a. None.
3. The site specific and standard conditions of approval are as shown in the attached Staff
Report for the hearing date of Apri111, 2006 incorporated by reference.
D. Notice of Applicable Time Limits (as applicable)
1. Notice of Preliminary Plat Duration
Please take notice that approval of a preliminary plat, combined preliminary and final
plat, or short plat shall become null and void if the applicant fails to record a final plat
within two (2) years of the approval of the preliminary plat or one (1) year of the
combined preliminary and final plat or short plat. In the event that the development of
the preliminary plat is 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 eighteen (18) months, may be considered for
final approval without resubmission for preliminary plat approval. Upon written request
and filed by the applicant prior to the termination of the period in accord with 11-6B-
7.A, the Director may authorize a single extension of time to record the fmal plat not to
CITY OF MERIDIAN FINDINGS OF FACT. CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-06-007/ PP-06-006 - PAGE 2 of 4
exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as
detennined and approved by the City Council may be granted. With all eJttensions, the
Director or City Council may require the preliminary plat, combined preliminary and
final plat or short plat to comply with the current provisions of Meridian City Code
Title 11. If the above timetable is not met and the applicant does not receive a time
extension, the property shall be required to go through the platting procedure again.
E. Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat
or conditional use pennit entitles the Owner to request a regulatory taking analysis.
Such request must be in writing, and must be filed with the City Clerk not more than
twenty-eight (28) days after the final decision concerning the matter at issue. A request
for a regulatory takings analysis will toll the time period within which a Petition for
Judicial Review may be filed.
2. Please take notice that this is a final action of the governing body of the City of
Meridian, pursuant to Idaho Code ~ 67-6521 an affected person being a person who has
an interest in real property which may be adversely affected by the issuance or denial of
the conditional use pennit approval may within twenty-eight (28) days after the date of
this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho
Code.
F. Attached: Staff Report for the hearing date of April 11, 2006
CITY OF MERIDIAN FINDINGS OF FACT. CONCLUSIONS OF 1A W AND DECISION & ORDER
CASE NO(S). AZ-06.007/ PP.06-006 - PAGE 3 of4
By action of the City Council at its regular meeting held on the -' \1""'
-.AprU ,2006.
day of
COUNCIL MEMBER SHAUN WARDLE
VOTED~
COUNCIL MEMBER JOE BORTON
VOTED I 'tf 0._
VOTED ~ Q.
VOTED~
COUNCIL MEMBER CHARLIE ROUNTREE
COUNCIL MEMBER KEITH BIRD
TIE BREAKER
MAYOR TAMMY de WEERD
VOTED
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L~C:'.~~-,!
'1. & ~
WILLIAM G. BERG, J " C Y G.}- . ~r lr:;~ .~" R.f~
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11 CY-.. h _ ..J '\V "
"",,~'-'t..nfl'" ""
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Appll'cant 111/1/111111\\'\
Copy served upon: _
~anning Department
hlie Works Department
B: J... h - "0 ~ttomeY Dated: +.2.1. OWl
~
ATTEST:
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-Q6-007/ PP-06-006 - PAGE 4 of4
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF April)1, 2006
STAFF REPORT
TO:
FROM:
SUBJECT:
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Hearing Date: April] 1, 2006
Meridian City Council
Planning Commission
Staff: Joe Guenther, Associate Planner
Meridian Planning Department
208-884-5533
Solitude Subdivision
. AZ-06-007
Annexation and Zoning of 59.88 acres from RUT to R-8 zone
· PP.06-006
Preliminary Plat of 225 single family building lots and 16 common lots on
59.88 acres in a proposed R-8 zone
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Becky McKay, has applied for Annexation and Zoning (AZ) of 59.88 acres from RUT
(Ada County) to R-8 (Medium-Density Residential) and Preliminary Plat approval of225 single family
residential lots and 9 common lots on 59.88 acres. The site is located east ofN. Meridian Road, and south
of McMillan Road.
2. SUMMARY RECOMMENDATION
The Meridian Planning and Zoning Commission heard the item on March 2, 2006. At the March 2, 2006
public hearing they moved to recommend approval.
a. Summary of Public Hearing:
i. In favor: Becky McKay (applicant's representative)
ii. In opposition: None.
1l1. Commenting: None.
iv. Staff presenting application: Joe Guenther
v. Other staff commenting on application: None.
b. Key Issues of Discussion by Commission:
i. Constructing sidewalk along McMillan Road and Meridian Road with the first
phase of the development.
c. Key Commission Changes to Staff Recommendation:
i. Addition of Development agreement standards for sidewalk along Meridian Road
along the out parcel.
d. Outstanding Issue(s) for City Council:
1. None.
The subject applications (AZ and PP) were submitted to the Planning Department for concurrent
review. Below, staff has provided a detailed analysis and recommended conditions of approval for the
requested Annexation and Zoning and Preliminary Plat applications. The Planning & Zonin!! Commission
is recommendine: aooroval of the proposed Solitude Subdivision (AZ-06-007 and PP-06-006). At the
February 14. 2006 City Council meeting. the Council voted 3-1 to approve Ambercreek Subdivision
which lies adiacent to the proeertY on the west side of Meridian Road. with the same provisions for a
Development AlZreement as listed in the Staff Reeort. NOTE: Staff has modified the DA orovisions to
Solitude Subdivision AZ.06.007, PP-06-006
PAGE 1
CITY OF MERIDIAN PLANNiNG DEPARTMENT STAFF REPORT fOR TIiE HEARING DATE OF AprillI, 2006
include the lamroaae reeardinB: the applicant's willingness to construct a pedestrian pathwav along
McMillan Road to the Meridian Road intersection (see Section 1 a.lof the Staff ReJlort).
Staff recommended approval of AZ-06-007 and PP-06-006 for Solitude Subdivision as presented in the
staff report for the Planning Commission hearing date of March 2,2006 based on the Findings of Fact as
listed in Exhibit D and subject to the conditions of approval as listed in Exhibit B as attached to this
report. Staffhas prepared fmdings consistent with the Planning Commissions recommendation..
3. PROPOSED MOTIONS
Approval
After considering all staff, applicant and public testimony, I move to approve File Nwnber(s) AZ-
06-007/PP-06-006 as presented in the staff report for the hearing date of April 6, 2006, and the
preliminary plat labeled PP-l, dated January 19, 2006 with the following modifications to the
conditions of approval: (add any proposed modifications).
Denial
After considering all staff, applicant and public testimony, I move to deny File Nuniber(s) AZ-06-
007/PP-06-006 as presented in the staff report for the hearing date of April 6, 2006, for the
following reasons: (you should state specific reasons for denial of the annexation or plat and you
must state specific reason(s) for denial of the conditional use pennit.)
Recommend Continuance
After considering all staff, applicant and public testimony, I move to continue File Number(s)
AZ-06-007/PP-06-006 to the hearing date of (insert continued hearing date here) for the
following reason(s): (you should state specific reason(s) for continuance.)
4. APPLICATION AND PROPERTY FACTS
a. Site AddresslLocation:
East of Meridian Road, and south of McMillian
W1I2, Section 31, T4N RlE
b. Owners:
Steiner Development, LLC
554 E. Bellvue Road, Ste8
Atwater Ca 95301
c. Applicant:
Providence Development Group, LLC
701 S. Allen Street
Meridian Id 83642
d. Representative: Becky McKay, Engineering Solutions
e. Present Zoning: RUT
f. Present Comprehensive Plan Designation: Medium Density Residential
g. Description of Applicant's Request:
Solitude Subdivision AZ-06.007, PP-06-006
PAGE 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REpORT FOR THE HEARING DATE OF April 11,2006
1. Date of Preliminary Plat (attached as Exhibit AI): January 13, 2006
2. Date of Landscape Plan (attached as Exhibit A2): January 13, 2006
5. PROCESS FACTS
a. The subject application will in fact constitute an annexation and/or rezone as determined
by City Ordinance. By reason of the provisions of the Meridian City Code Title 11
Chapter 5, a public hearing is required before the City Council on this matter.
b. The subject application will in fact constitute a preliminary plat as determined by City
Ordinance. By reason of the provisions ofthe Meridian City Code Title 11 Chapter 6, a
public hearing is required before the City Council on this matter.
c. Newspaper notifications published on:
Council- March 20, 2006 and April 3, 2006
Planning Commission - February 13, 2006 and February 27,2006
d. Radius notices mailed to properties within 300 feet on:
Council - March 31, 2006
Planning Commission - February 3,2006
e. Applicant posted notice on site by: February 18, 2006
6. LAND USE
a. Existing Land Use(s): Vacant agriculturalland
b. Description of Character of Surrounding Area: The area is presently mostly agricultural land
with rural residences, however the recent approvals of Amber Creek Subdivision to the west
and the building Burney Glen Subdivision to the south will drastically change the character of
the area to that of a residential neighborhood.
c. Adjacent Land Use and Zoning
1. North: Ventana Subdivision, Meridian School district site, R-4
2. East: Cobre Basin Subdivision zoned R-4.
3. South: Burney Glen Subdivision zoned R-8.
4. West: Approved Amber Creek Subdivision, zonedR-8.
d. History of Previous Actions: None.
e. Existing Constraints and Opportunities
1. Public Works
Location of sewer: Sewer is located in N. Meridian Road on the south side of
this project.
Location of water: There is water stubbed from Cobre Basin and Burney Glenn
Subdivisions as well as installed on all frontage roads.
Issues or concerns: Conceptual sewer plans are not allowing for taking the Cobre
Basin lift station off-line. The applicant is working with Public works to address
these concerns.
2. Vegetation: Agricultural
Solitude Subdivision AZ-06-007, PP-Q6.006
PAGE 3
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF Aprill!, 2006
3. Flood plain: NA
4. CanalsIDitches Irrigation: Lemp Canal- Settlers Irrigation District
5. Hazards: None known.
6. Proposed Zoning: R-8
7. Size of Property: 59.88 acres
f. Subdivision Plat Information
1. Residential Lots: 225
2. Non-residential Lots: 0
3. Total Building Lots: 225
4. Common Lots: 16
5. Other Lots: N/A
6. Total Lots: 241
7. Residential Area: 59.88 acres
8. Gross Density: 3.8 units per acre (5.0 net density)
g. Landscaping
1. Width of street buffer(s): 40 feet on Meridian Road, 40 feet on McMillan Road 20
feet on Donavan Ave and White Sands Ave (proposed Collector Streets) Street buffers
are not required on any internal, local streets.
2. Width ofbuffer(s) between land uses: N/A
3. Percentage of site as open space: 2.99 acres or 7.4%
4. Other landscaping standards: The Starkey Lateral requires tiling as shown,
landscaping shall be designed to Settlers Irrigation standards.
h. Proposed and Required Non-Residential Setbacks: per the R-8 zone for detached single family
R-8 Standard
Front (Living area)
Front (Garage)
Side
Rear
15 feet
20 feet
4 feet
12 feet
Max. Building Height 35 feet
Min. Lot Size 5,000 square feet
Min. Street Frontage 50 feet
i. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): The access
to the development will be from N. Meridian Road to White Sands Ave and from McMillan to
N. Donavan Avenue. The applicant will be required to connect to the approved stub from
Cobre Basin Subdivision to the east as shown and Burney Glen Subdivision to the South as
shown. ACHD has not reviewed the traffic report and conditions of approval will be added
when available.
Solitude Subdivision AZ-06-007, PP.06-006
PAGE 4
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE Of April 11,2006
7. COMMENTS MEETING
On February 10, 2006 Planning Staff held an agency conunents meeting. The agencies and departments
present included: Meridian Fire Department, Meridian Police Department, Meridian Parks Department,
Meridian Public Works Department, and the Sanitary Services Company. Staff has included all comments
and recommended actions as Conditions of Approval in the attached Exhibit B.
8. COMPREHENSIVE PLAN POLICIES AND GOALS
lbis property is designated "Medium Density Residential" on the Comprehensive Plan Future Land Use
Map. Medium density residential areas are anticipated to contain between three and eight dwellings per
acre (see Page 95 of the Comprehensive Plan.) The proposed Preliminary Plat includes 225 single-family
lots on 59.88 acres for a gross density of 3.8 dwelling units/acre. Staff finds that the overall density is
within the range of a medium density project.
Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the
proposed development (staff analysis in italics below policy):
· Chapter vn, Goal III, Objective A, Action I - Require that development projects have planned
for the provision of all public services.
When the City established its Area of City Impact, it planned to provide City services to the subject
property. The City of Meridian plans to provide municipal services to the lands proposed to be
annexed in the following manner:
· Sanitary sewer and water service will be extended to the project at the developer's expense.
· The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District.
Once annexed the lands will be under the jurisdiction of the Meridian City Fire Department,
who currently shares resource and personnel with the Meridian Rural Fire Department.
· The subject lands currently lie within the jurisdiction of the Ada County Sheriff's Office.
Once annexed the lands will be serviced by the Meridian Police Department (MPD).
· The roadways adjacent to the subject lands are currently owned and maintained by the Ada
County Highway District (ACHD). This service will not change.
· The subject lands are currently serviced by the Meridian School District #2. This service will
not change,
· The subject lands are currently serviced by the Meridian Library District. This service will
not change and the Meridian Library District should suffer no revenue loss as a result of the
subject annexation.
Municipal, fee-supported, services will be provided by the Meridian Building Department, the
Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater
Department. the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary
Services Company.
· Chapter VI, Goal II, Objective A, Action 6 - Require street connections between subdivisions at
regular intervals to enhance connectivity and better traffic flow.
The submitted preliminary plat proposes to extend three stub streets from Cobre Basin Subdivision
(Red Rock, Havasu Falls, and Havasupai Street) and the applicant will be required to connect to the
stub street from Burney Glen Subdivision to the south, which is in compliance with the conditions of
approvalfrom ACHD.
Solitude Subdivision AZ-06-007, PP-06-006
PAGE 5
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF April 11, 2006
· Chapter VI, Goal II, Objective A, Action 13 - Review new development for appropriate
opportunities to COlUlect to local roads and collectors in adjacent developments.
See analysis above.
· Chapter W, Goal IV, Objective D, Action 2 - Restrict curb cuts and access points on collectors
and arterial streets.
The applicant has proposed one curb cut on N Meridian Roadfor White Sands Avenue, and one curb
cutfrom McMillan Roadfor N. Donavan Avenue which was approved by ACHD and is supported by
staff
· Chapter VII, Goal IV, Objective C, Action 1 - Protect existing residential properties from
incompatible land use development on adjacent parcels.
The applicant is proposing a residential zone. Staff finds that the proposed single-family residential
properties to the south and east, and the existing residential properties to the west will be compatible
with the proposed development.
· Chapter VII, Goal W, Objective C, Action 10 - Support a variety of residential categories (low-,
medium-, and high-density single family, multi-family, townhouses, duplexes, apartments,
condominiums, etc.) for the purpose of providing the City with a range of affordable housing
opportunities.
The subject application includes a request for the R-8 zone. Cobre Basin Subdivision to the east
obtained R-4 zoning and Burney Glen Subdivision to the south obtained R-8 zoning. Staff finds that
the requested zoning designation contributes to the variety of residential zoning categories in this
area and is generally consistent with the Comprehensive Plan designationfor this site.
Staff believes that the proposed density (3.8 d.u./acre) and zoning (R-8) for this property is appropriate.
Staff recommends that the Commission and Council rely on any verbal or written testimony that may be
provided at the public hearing when determining if the applicant's zoning and development request is
appropriate for this property.
9. ZONING ORDINANCE
a. Zoning Schedule of Use Control: UDC 11-2A-2 lists single family detached homes as a
Pemritted Use in the R -8 zone.
b. Purpose Statement of Zone: The purpose ofthe residential districts is to provide for a range of
housing opportunities consistent with the Meridian Comprehensive Plan. Connection to the
City of Meridian water and sewer systems is a requirement for all residential districts.
Residential districts are distinguished by the allowable density of dwelling units per acre and
corresponding housing types that can be accommodated within the density range.
c. 11-3G-l:
Common Open Space and Amenity Requirements
The regulations of this Article are intended to provide for common open space and site amenities
in residential districts that improve the livability of residential neighborhoods, buffer the street
edge, and protect natural amenities.
Solitude Subdivision AZ-06-007, pP-06.0Q6
PAGE 6
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF Aprilll, 2006
10. ANALYSIS
a. Analysis of Facts Leading to Staff Recommendation
ANNEXATION ANALYSIS: Based on the policies and goals contained in the Comprehensive
Plan and the general compliance of the proposed development with the Zoning Ordinance, staff
believes that this is a good location for the proposed single family development. Please see
Exhibit D for detailed analysis of facts and findings.
1.1 The annexation legal description submitted with the application (prepared on January 12,
2006 by Terry Puegh, PLS) shows the property as contiguous to the existing corporate
boundary of the City of Meridian.
1.2 Any future subdivision, uses and construction on this property shall comply with the City
of Meridian ordinances in effect at the time.
1.3 That the applicant will be responsible for all costs associated with the sewer and water
service extension. Any existing domestic wells and/or septic systems within this project will
have to be removed from their domestic service, per City Ordinance Section 5-7-517, when
services are available from the City of Meridian. Wells may be used for non-domestic
purposes such as landscape irrigation.
1.4 That all future development of the subject property shall be constructed in accordance
with City of Meridian ordinances in effect at the time of development. All future uses shall not
involve uses, activities, processes, materials, equipment and conditions of operation that will
be detrimental to any persons, property or the general welfare by reason of excessive
production of traffic, noise, smoke, fumes, glare or odors.
1.5 UDC 11-5B-3D2 prOvides the P&Z Commission and City Council the authority to require
a property owner to enter into a Development Agreement with the City of Meridian that may
require some written commitment for all future uses. Due to the location of the out oarcel and
the reouired off site imorovements. staff believes that a DevelQDment Agreement is necessary
to ensure that this property is develooed in a fashion that is consistent with the comorehensive
olan desilmation and does not neli!:atively imPact nearbv orooerties. If the Commission or
Council feels a development agreement is necessary staff recommends a clear outline of the
commitments of the developer being required.
The Council and Commission required the Development Agreement include the
following provision:
"That the aoolicant has voluntarily agrees to construct a Dedestrian pathway alon&
Meridian Road in front of the 5-acre out-oarcel. A pedestrian oathwav alonli!: Meridian Road
that extends the entire len2th ofilie western subdivision boundary (inc1udinlZ the 5-acre out-
Darcel) shall be installed Drior to OCCUDancv of any new dwelling units on this orooertv."
PRELIMINARY PLAT ANALYSIS: Based on the policies and goals contained in the
Comprehensive Plan and the general compliance of the proposed development with the Zoning
Ordinance, staff believes that this is a good location for the proposed residential development.
Please see Exhibit D for detailed analysis of facts and findings.
I. Phasinli!:: The applicant is proposing three phases of tbis development starting at the
south and east comers where sewer services are currently available. Phase 1 will include
Solitude Subdivision AZ-06-007. PP-06-006
PAGE 7
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF April 11,2006
connections to Burney Glen Subdivision and the road connection to Meridian Road.
Phase 2 will include the bulk: of the amenities and the open space lot with two
connections to Cobre Basin Subdivision. Phase 3 will connect the development to
McMillan Road and the final connection to Cobre basin Subdivision.
2. Amenities: UDC 11-3G requires residential developments to provide one amenity per 20
acres as part of each plat. The proposed amenities for the subject development include:
recreational amenities of a tot lot and gazebo. The proposed open space is shown to
make up 7.4% of the site; an additional 5% minimum is required to qualify as an amenity.
2.a Common Doen Soace: is shown by the applicant as Lot 1 Block 9, Lot 1 Block 14,
Lot 12 Block 10, Lots 24 Block 6. All other landscape lots are required buffers.
· Lot 1 Block 9 and Lot 1 Block 14 are the main open space lots of2.74 acres and
1.457 acres common open space
· Lot 12 Block 10 and Lot 24 Block 6 are active use lots of 7,115 square feet common
open space
The total qualified open space is 189,936 sq/ft which is 7.4% qualified open space.
2.b Oualified Site Amenities:
Quality of Life Amenity: Picnic Area - Gazebo
Recreation Amenities: Tot Lot/children's play structures
Pedestrian or bicycle circulation system amenities: Pathway connections to
adjacent open spaces
3. Stub Streets: The preliminary plat shows a public street connection to the stub streets in
the adjacent subdivisions as required. The applicant has also provided two stub streets for
the unplatted parcel which contains multiple structures and is left as an enclave.
4. Variance for Block Lenlrth: The applieaat Bee Bet 9l:leH'litted a ".'ariaaee appliGatiuR fer
HM'8sl:lpi gveet. Rleel[ lengtlts shall BSt 81[eeed 769 feet wit-kefat a pedestrian eeaneetiaB,
aRey, ElF ptlblie skeet i:atefSeetisB. TaB al3Jllie&Bt's 8\tl!lmissioB Goes ast adSiess the sleek
len~k ef 787 feet 8887.11 fer Hava5t1pai Street. Staff wemd re60fBffleB.S tile applieam add
a peae&trian 0enneetieB tln:e1:J.gk i1eeks 9, 13, and 11 t8 BSBBeet .Kai9ae Trail Street to
Let 1 Bloek 9 this EiI8!gR sl101:1ld be aHieftSlEi )JAel ts tHe City Catlaeil aeat1ftg. The
applicant has added a common lot to address any block length concerns.
5. Pressure Irril:mtion: The City of Meridian requires that pressurized irrigation systems be
supplied by a year-round source of water (UDC 11-3A-15). The applicant should be
required to utilize any existing surface or well water for the primary source. If a surface
or well source is not available, a single-point connection to the culinary water system
shall be required. If a single-point connection is utilized, the developer will be
responsible for the payment of assessments for the common areas prior to signature on
the fmal plat by the City Engineer. An underground, pressurized irrigation system should
be installed to all landscape areas per the approved specifications and in accordance with
UDC 11-3A-15 and MCC 9-1-28.
6. Fencin$!: The applicant has not submitted a detailed fencing plan (no fencing indicated
on the landscape plan dated January 13, 2006) with the preliminary plat application for
the subdivision. Any perimeter fencing must be completed prior to issuance of building
Solitude Subdivision AZ-06-007, PP-06-006
PAGE 8
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF April 11,2006
permits. All fences should taper down to 3 feet maximum within 20 feet of all right-of-
way. All fencing should be installed in accordance with UDC 11-3A-7. A detailed
fencing plan in accordance to 11-3A-7 shall be submitted prior to the ftnal plat.
7. Conunon Areas: Maintenance of all common areas shall be the responsibility of the
Solitude Home Owners' Association.
8. Ditches. Laterals. and Canals: Per UDC 11-3A-6 all irrigation ditches, laterals or canals,
exclusive of natural waterways and waterways being used as amenities, that intersect,
cross or lie within the area being subdivided shall be covered.
9. Sidewalks: The applicant shall revise the landscape plan to show sidewalk connections at
the intersections of Meridian and McMillan Roads.
b. Staff Recommendation: Staff recommends approval of AZ-06-007 and PP-06-006 for
Solitude Subdivision as presented in the staff report for the hearing date of March 2, 2006 based
on the Findings of Fact as listed in Exhibit D and subject to the conditions of approval as listed in
Exhibit B as attached to this report. Staff has prepared [mdings consistent with this
recommendation.
11. EXHIBITS
A. Drawings
1. Preliminary Plat (dated: January 13, 2006)
2. Landscape Plan (dated: January 13, 2006)
B. Conditions of Approval
1. Planning Department
2. Public Works Department
3. Fire Department
4. Police Department
5'. Parks Department
6. Sanitary Service Company
7. Ada County Highway District
8. Settlers Irrigation District
C. Legal Description
D. Required Findings from Zoning Ordinance
Solitude Subdivision AZ-06-007. PP-06-006
PAGE 9
em OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR mE HEARING DATE OF April 11, 2006
A. Drawings
1. Preliminary Plat (dated: January 13, 2006)
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Exhibit A
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF Aprilll, 2006
2. Landscape Plan (dated: January 13, 2006)
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR TIIE HEAlUNG DATE OF April 11, 2006
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Exhibit B
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF April!!, 2006
B. Conditions of Approval
1. PLANNING DEPARTMENT
1.1
1.1.1
SITE SPECIFIC REQUIREMENTS-PRELIMINARY PLAT
The preliminary plat prepared by Engineering Solutions, dated January 13, 2006, is approved,
with the conditions listed herein. All comments/conditions of the accompanying
Annexation/Zoning (AZ-06-007) shall also be considered conditions of the Preliminary Plat (pP-
06-006).
Maintenance of all corrunon areas shall be the responsibility of the Solitude Subdivision
Homeowners' Association.
1.1.2
1.1.3
The prelimffiary plat &hall ee Hteoifiea ta reflest tAe eoBditieBS eoataiaeEl is tHis report aRa 10
sspies shall be S$511:eo Be later t6aB 10 days ,Rer ta tae City Ce1:l:RSH heariag aa the
afJ13HeatieftS .
The landscape plan shall be modified to reflect the conditions contained in this report and the
revised preliminary plat and shall be submitted with the fmal plat application. A detailed fencing
plan in accordance to UDC 11-3A-7 shall be submitted with the :final plat.
The pFelimiHary plat shell 98 r..'ises ta shew a pedestriaa eenneetiea Hem E. Kaiaab TFail to Lot
1 BIsek 9 or the app1ieaat shaY SliBmit a varianee fer BIsek leagtll. prier to the City Cel:lBsil
AWiew. This condition has been satisfied with the addition of pedestrian connections.
That portion of the detached sidewalk which lies outside of the right-of-way shall be contained in
an easement which dedicates pedestrian cross-access and is in favor of the Ada County Highway
District, and said easement shall be depicted on the final plat or an instrument number referenced
in a plat note.
Street setbacks shall be measured from the back edge of sidewalk per UDC 11-2A-6.
Fencing on all lots adjacent to interior common open space lots shall comply with UDC 11-3A-7.
Any perimeter fencing must be completed prior to issuance of building permits. All fencing
should be installed in accordance with UDe 11-3A-7.
All areas approved as open space shall be free of wet ponds or other such nuisances. All
stonnwater detention facilities incorporated into the approved open space are subject to UDC 11-
3A-18 and shall be fully vegetated with grass and trees. Sand, gravel or other non-vegetated
surface materials shall not be used in open space lots, except as permitted under UDC 11- 3B. If
the stormwater detention facility cannot be incorporated into the approved open space and still
meet the standards of UDC 11-3A-18, then the applicant shall relocate the facility. This may
require losing a developable lot or developable area. It is the responsibility of the
developer to comply with ACHD, City of Meridian and all other regulatory requirements at the
time of final construction.
Where the applicant has submitted a preliminary landscape plan and where staff has reviewed
such plan, the landscaping shall be consistent with the preliminary plan with modifications as
proposed by staff.
Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways and
waterways being used as amenities, that intersect, cross or lie within the area being subdivided
shall be covered.
GENERAL REQUIREMENTS-PRELIMINARY PLAT
1.1.4
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF April 11,2006
1.2.1 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision
pursuant to UDC 11-3A.17 and subject to a development agreement as offered by the applicant to
include a sidewalk along Meridian Road in front of the out parcel.
1.2.2 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water (MCC 12-13-8.3). The applicant should be required to utilize any existing surface
or well water for the primary source. If a surface or well source is not available, a single-point
connection to the culinary water system shall be required. If a single-point connection is utilized,
the developer will be responsible for the payment of assessments for the conunon areas prior to
signature on the final plat by the City Engineer. An underground, pressurized irrigation system
should be installed to all landscape areas per the approved specifications and in accordance with
UDC 11-3A-15 and MCC 9.1.28.
1.2.3 A detailed landscape plan, in compliance with the landscape and subdivision ordinance and as
noted in this report, shall be submitted for the subdivision with the final plat application.
1.2.4 The applicant shall submit a detailed fencing plan with the :final plat application for the
subdivision. If pennanent fencing is not provided, temporary construction fencing to contain
debris must be installed around the perimeter prior to issuance of a building pennit. All fences
should taper down to 3 feet maximum within 20 feet of all right-of-way. All fencing should be
installed in accordance with UDC 11.3A-7.
1.2.5 Any tree over 4" in caliper that is removed from the property shall be replaced by installing
additional trees, being the equivalent number of caliper inches of trees that were removed.
Required landscaping trees will not be considered as replacement trees for those trees that have to
be mitigated.
1.2.6 All irrigation ditches, laterals or canals, intersecting, crossing or lying adjacent and contiguous to
the area being subdivided shall be tiled per UDC 11-3A-6, unless otherwise approved by Settlers
Irrigation or Nampa Meridian Irrigation Districts. Plans will need to be approved by the
appropriate irrigation/drainage district, or lateral users association (ditch owners), with written
approval or non-approval submitted to the Public Works Department. If lateral users association
approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer
prior to final plat signature.
1.2.7 Staff's failure to cite specific ordinance provisions or terms of the approved
annexation/conditional use does not relieve the applicant of responsibility for compliance.
1.2.8 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6B.7.
2. PUBLIC WORKS DEPARTMENT
2.1 Sanitary sewer service to this development is being proposed via extension of mains in N.
Meridian Road. The applicant shall install mains to and through this development; applicant shall
coordinate main size and routing with the Public Works Department, and execute standard fonus
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.
2.2 The conceptual sewer design submitted with this preliminary plat shows eight-inch main being
routed to the lift station location. The final invert elevation is not acceptable as it does not allow
for the lift station to be taken off line. The applicant shall install 12-inch main from the 12-inch
in Meridian Road to the northeast comer of this development (the Cobre Basin lift station), or
prior to City Council resubmit a conceptual sewer design that facilitates the abandonment of the
Cobre Basin lift station.
Exhibit B
CITY OF MERIDIAN PLANNING DEPARTMENTSiAFF REPORT FOR IRE HEARING DATE OF Aprilll, 2006
2.3 Water service to this site is being proposed via extension of mains in Cobre Basin and Burney
GleIUl Subdivisions as well as to the mains located in N. Meridian and E. McMillan Roads. The
applicant shall be responsible to install water mains to and through this development, coordinate
main size and routing with Public Works.
2.4 Revise Lots 6, and 7 Block 8 to meet the required 50-feet of frontage.
2.5 The applicant has not indicated the pressure irrigation system in this proposed development is to
be maintained as a private system, therefore plans and specifications will be reviewed by the
Public Works Department as part of the construction plan review. A "draft copy" of the
operations and maintenance manual will be required prior to plan approval with the "fInal draft"
being required prior to fmal plat signature on the last phase oftrus project.
2.6 The City of Meridian requires that pressurized irrigation systems be supplied by a year~rOWld
source of water (ODC 11-3A-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, 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
signature on the final plat by the City Engineer.
2.7 Any existing domestic wells and/or septic systems within this project shall be removed from
domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-
domestic purposes such as landscape irrigation.
2.8 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or
lying adjacent and contiguous to the area being subdivided shall be tiled per UDC ll-3A-6.
Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association
(ditch owners), with written approval or non-approval submitted to the Public Works Department.
If lateral users association approval can't be obtained, alternate plans shall be reviewed and
approved by the Meridian City Engineer prior to final plat signature.
2.9 Street signs are to be in place, water system shall be approved and activated, fencing installed,
drainage lots constructed, road base approved by the Ada County Highway District and the Final
Plat for this subdivision shall be recorded, prior to applying for building pennits.
2.10 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted
fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to
signature on the final plat.
2.11 All development improvements, including but not limited to sewer, fencing, micro~paths,
pressurized irrigation and landscaping shall be installed and approved prior to obtaining
certificates of occupancy.
2.12 Applicant shall be required to pay Public Works development plan review, and construction
inspection fees, as determined during the plan review process, prior to signature on the flnal plat
per Resolution 02-374.
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 and NPDES Pennitting that
may be required by the Environmental Protection Agency.
2.15 Applicant shall be responsible for application and compliance with any Section 404 Permitting
that may be required by the Anny Corps of Engineers.
2.16 Developer shall coordinate mailbox locations with the Meridian Post Office.
Exhibit B
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF April 11, 2006
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 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 I-foot above.
2.19 One hundred watt, high-pressure sodium streetlights shall be required at locations designated by
the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical
locations are at street intersections and/or fIre hydrants. Final design locations and quantity are
detennined after power designs are completed by Idaho Power Company. The street light
contractor shall obtain design and pennit from the Public Works Department prior to
conunencing installations.
3. FIRE DEPARTMENT
1. One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for
duration of 2 hours to service the entire project. Fire hydrants shall be placed an avernge of 500 feet
apart. International Fire Code Appendix C.
2. Acceptance of the water supply for fIre protection will be by the Meridian Fire Department and
water quality by the Meridian Water Department for bacteria testing.
3. Final Approval ofthe fire hydrant locations shall be by the Meridian Fire Department.
a. Fire Hydrants shall have the 4 Yi" outlet face the main street or parking lot aisle.
b. The Fire hydrant shall not face a street which does not have addresses on it.
c. Fire hydrant markers shall be provided per Public Works specifications.
d. Fire Hydrants shall be placed on corners when spacing permits.
e. Fire hydrants shall not have any vertical obstmctions to outlets within 10'.
f. Fire hydrants shall be place 18" above finish grade.
g. Fire hydrants shall be provided to meet the requirements of the !FC Section 509.5.
h. Show all proposed or existing hydrants for all new construction or additions to existing
buildings within 1,000 feet of the project.
4. The phasing plan may require that any roadway greater than 150 feet in length that is not
provided with an outlet shall be required to have an approved turn around.
5. All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside
radius.
6. Provide a 20-foot wide Fire Lane for all internal roadways all roadways shall be marked in
accordance with Appendix D Section D103.6 Signs.
7. Operational fIre hydrants, temporary or permanent street signs and access roads with an all weather
surface are required before combustible construction is brought on site.
8. Building setbacks shall be per the International Building Code for one and two story construction.
9. The proposed 225-10t subdivision with an estimated 2.9 residents per household would have a total
estimated population of 510 residents at build out.
10. The fIre department requests that any future signalization installed as the result of the
development of this project be equipped with Opticom Sensors to ensure a safe and efficient
response by fIre and emergency medical service vehicles. This cost of this installation is to be
borne by the developer.
11. Where a portion of the facility or building hereafter constructed or moved into or within the
jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as
measured by an approved route around the exterior of the facility or building, on-site fire hydrants
and mains shall be provided where required by the code official. For buildings equipped throughout
with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or
903.3.1.2 the disGmce requirement shall be 600 feet (183).
Exhibit B
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF April!!, 2006
a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m).
b. For buildings equipped throughout with an approved automatic sprinkler system installed in
accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet
(183 m).
12, Emergency response routes and fire lanes shall not be allowed to have speed bumps.
4. POLICE DEPARTMENT
1. The pFEiJl8sed 131M BaeYer site seBiga 0fl6olH8ges B:i.gB. spees, el:lt tm8agfl. traffie. Tlie BJlplieaBt
shall wark ',vita the AM Cetlftty I1igWl:ay Dismat to previae Haffie ealmittg selsiga to aeereas0
tt=avel9JJeeEls OR K-aieae Trai18tFeet, LeBgaagR. Way, ana Weston AVeB.ae.
2. Any interior fencing adjacent to common lots shall allow visibility from the street or shall not
exceed four feet in height if solid fencing is used.
5. PARKS DEPARTMENT
1. No comments received.
6. SANITARY SERVICE COMPANY
1. No comments received.
7, ADA COUNTY HIGHWAY DISTRICT
Site Soecific Conditions of ADDroval
1. Dedicate a total of 45.feet ofright-of-way from centerline for McMillan Road abutting the site.
The right-of-way purchase and sale agreement and deed must be completed and signed by the
applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to
issuance of a building permit (or other required permits), whichever occurs first.
2. Constmct a 5-foot concrete sidewalk along McMillan Road abutting the site located
approximately 38-feet from the centerline of McMillan Road.
3. Construct a westbound left turn lane on McMillan Road at the site access intersection, N.
Donovan Street.
4. Constmct a 5-foot detached sidewalk along the site's frontage on Meridian Road. The sidewalk
shall be located a minimum of 28-feet from the centerline of Meridian Road. If the sidewalk is
located within an easement, the District will not require the dedication of additional right-of-way.
The applicant should work with ACHD and the landowner of the out-parcel that fronts on
Meridian Road to extend sidewalk to the intersection of McMillan and Meridian Roads.
5. Widen Meridian Road with 19-feet of pavement from centerline abutting the entire site.
6. Constmct the internal streets as 36 -foot street sections with rolled curb, gutter, and 5-foot
concrete sidewalks.
7. Provide 21-foot street sections on each side of the proposed center islands. Any proposed
landscape islands/medians within the public right-of.way dedicated by this plat shall be owned
and maintained by a homeowners association. Notes of this are required on the final plat. The
design should be reviewed and approved by ACHD's Development staff.
Exhibit B
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF April 11, 2006
8. Construct stub streets to the surrounding properties as identified below. Install a sign at the
tenninus of the two new stub streets to the out-parcel stating, "TillS ROAD WlLL BE
EXTENDED IN THE FUTURE."
· Extend Havasu Falls Street into the site, from Cobre Basin Subdivision, at the site's east
property line.
· Extend Red Rock Drive into the site, from Cobre Basin Subdivision, at the site's east
property line.
· Extend Havasupai Street into the site, from Cobre Basin Subdivision, at the site's east
property line.
· Extend Donovan Way into the site, from Burney Glen Subdivision, at the site's south
property line.
· Construct Beaham Avenue as a stub street to the out-parcel's south property line located
approximately 200-feet east of Meridian Road (measured centerline to centerline).
· Construct Copper Ridge Street as a stub street to the out-parcel' s east property line located
approximately lOO-feet south of the out-parcel's north property line (measured property line
to centerline).
9. Construct one roadway, White Sands Avenue, to intersect Meridian Road approximately 600-feet
north of the south property line (measured property line to centerline), as proposed.
10. Construct one roadway, N. Donovan Avenue, to intersect McMillan Road approximately 750-feet
east of Meridian Road (measured centerline to centerline), as proposed.
11. Other than the access specifically approved with this application, diI:ect lot access is prohibited to
Meridian Road and McMillan Road and shall be noted on the final plat.
12. Comply with all Standard Conditions of Approval.
Standard Conditions of Aooroval
1. Any existing irrigation facilities shall be relocated outside of the right-of-way.
2. Private sewer or water systems are prohibited from being located within any ACHD roadway or
right-of-way.
3. All utility relocation costs associated with improving street frontages abutting the site shall be
borne by the developer.
4. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the
construction of the proposed development. Contact Construction Services at 387-6280 (with file
number) for details.
5. Comply with the District's Tree Planter Width Interim Policy.
6. Utility street cuts in pavement less than five years old are not allowed unless approved in writing
by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for
details.
7. All design and construction shall be in accordance with the Ada County Highway District Policy
Manual, ISPWC Standards and approved supplements, Construction Services procedures and all
Exhibit B
CIlY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF April II, 2006
applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the
State ofIdaho shall prepare and certify all improvement plans.
8. The applicant shall submit revised plans for staff approval, prior to issuance of building pennit
(or other required permits), which incorporates any required design changes.
9. Construction, use and property development shall be in conformance with all applicable
requirements of the Ada County Highway District prior to District approval for occupancy.
10. Payment of applicable road impact fees are required prior to building construction in accordance
with Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance.
11. It is the responsibility of the applicant to verify all existing utilities within the right -of-way. The
applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The
applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days
prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic
Operations 387~6190 in the event any ACHD conduits (spare or filled) are compromised during
any phase of construction.
12. No change in the terms and conditions of this approval shall be valid unless they are in writing
and signed by the applicant or the applicant's authorized representative and an authorized
representative of the Ada County Highway District. The burden shall be upon the applicant to
obtain written confirmation of any change from the Ada County Highway District.
13. Any change by the applicant in the planned use of the property which is the subj ect of this
application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or
other regulatory and legal restrictions in force at the time the applicant or its successors in interest
advises the Highway District of its intent to change the planned use of the subj ect property unless
a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect
at the time the change in use is sought.
8. Settlers' Irrigation District
8.1 All irrigation/drainage facilities along with their easements must be protected and continue to
function. The facilities involved are the Lemp Canal and Starkey Lateral. Contact SID for
additional requirements.
8.2 A Land Use Change Application must be on file prior to any approvals.
8.3 A license agreement MUST be signed and recorded prior to construction of any SID facilities, or
within its easements.
8.4 Any Change to the existing irrigation system such as relocation, water delivery, tiling, and
landscaping must be approved by Settlers Irrigation District's Board of Directors.
8.5 All storm drainage must be retained on~site.
8.6 The development must supply pressure irrigation access to all lots within the above-mentioned
subdivision from the current delivery point. If the developer wishes to have SID own, operate,
and maintain the pressure irrigation system an agreement must be in place prior to the pre-
construction meeting.
Exhibit B
CITY OF MERJDlAN PLANNING DEPARTMENT STAFF REPORT FOR mE HEARING DATE OF April 1 J, 2006
Exhibit B
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF Aprilll, 2006
C. Legal Description
.
IDAHO
SURVEY
GROUP
'''50 EanWu"nower St.
Suite f50
MU'ldI:an, Idaho 83641
Phone (206) 846-8S70
Fu (208) 884-5399
J an I1IIIy 12, 2006
Proposed Solitude Place Subdlvfsion
A parcel ofland located in Government Lots 1 and 2, and the NE v.. oftheNW Yo
and the SE Yo of the NW v.., of Section 31,1,4 N., R.l E., B.M., Ada County, Idaho, more
particularly described as follows: Commencing at the NW comer oftbe said Section J 1,
the REAL POINT OF BEGINNING;
Thence along the North boundary of said Section 31 North 89059' 25" East,
142356 feet;
Thence South 00023'56" West, 1994_73 feet to the SE comer of the W \4 Qfthe
NW % of the SE % oftheNW y. of said Section 31;
Thence along the South boundary ofsaid W y~ of the NW V. oftbe SE \4 ofthe
NW Yo, and of Govemmentlot 2 oftbe said Section 31 South 89057'50" West, 1418,57
feet to a point on the West boundary of said S<<tion J 1;
Thence along said West bowtdary North 00015' 20" East, 1150.10 feet;
Thence South 89049'50" East, 484.45 feet;
Thence North 00010'22" East, 467_89 feet;
Thence North 89u49'SO" West, 483.77 feet to a point on the Wal boundary of
said Section 31;
Thence along said West bO\Uldary North OOO} 5'20" East, 311.37 feet to the
POINT OF BEGINNING, Containing 59.88 acres, more or less,
This description written from data of record without benefit of a field survey-
:rP~'
j~N \ 7 1.CIlS
tlPuSl.lC
tJlER\OI~S Ol:.pT.
'I'lOR"
Professional Land Surveyor.
Exhibit C
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE Of Aprilll, 2006
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Exhibit C
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF April!!, 2006
D. Required Findings from Zoning Ordinance
1. Annexation Findings:
Upon recommendation from the Commission, the Council shall make a full investigation
and shaD, at the public hearing, review the application. In order to grant an annexation
and/or rezone, the Council shall make the following findJngs:
1. The map amendment complies with the applicable provisions ofthe comprehensive
plan;
The applicant is proposing to zone all of the subject property to R~8. The Council finds
that the proposed zoning map amendment complies with the applicable provisions of the
comprehensive plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the
Staff Report.
2. The map amendment complies with the regulations outlined for the proposed
district, specifically the purpose statement;
The Council fmds that single family detached residential uses are allowed within the
requested zoning district of R-8 as a Principally Permitted Use. The accompanying plat
demonstrates the land will be developed with lot sizes, housing types and other
dimensional requirements that conform to the proposed zoning designation.
3. The map amendment shall not be materially detrimental to the public health, safety,
and welfare;
The Council finds that the proposed zoning amendment will not be detrimental to the
public health, safety, or welfare. The Conunission and Council rely on any oral or written
testimony that may be provided when determining this fmding.
4. The map amendment shall not result in an advene 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 fmds that the proposed zoning amendment will not result in any adverse
impact upon the delivery of services by any political subdivision providing services to
this site.
5. The annexation is in the best of interest ofthe City (UDC 11-5B-3.E).
The R-8 zoning amendment will provide lots that are similar in nature to existing
subdivisions in the near vicinity. The Council fmds that all essential services are available
or will be provided by the developer to the subject property and will not require
unreasonable expenditure of public funds. The applicant is proposing to develop the land
in general compliance with the City's Comprehensive Plan. This is a logical expansion
of the City limits. In accordance with the findings listed above, the Council fmds that
Annexation and Zonine: of this OfOoertv to R-8 would be in the best interest of the City.
2. Preliminary Plat Findings:
In consideration of a preliminary plat, combined preliminary and final plat, or short plat,
the decision-making body shaD make the following findings:
1. The plat is in conformance with the Comprehensive Plan;
Exhibit D
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF Aprilll, 2006
The Council tinds that the proposed application is in substantial compliance with the
adopted Comprehensive Plan. The Council generally supports the proposed plat layout
and proposed density as they comply with the provisions of the Comprehensive Plan.
Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report.
2. Public services are available or can be made available and are adequate to
accommodate the proposed development;
The Council finds that public services are available to acconunodate the proposed
development. (See finding Items 3 and 4 above under Annexation Findings for more
details.)
3. The plat is in conformance with scheduled public improvements in accord with the
City's capital improvement program;
Because the developer is installing sewer, water, and utilities for the development at their
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 reconunends the Commission and Council rely upon comments from the
public setvice providers (i.e., police, fIre, ACHD, etc.) to determine this fmding. (See
finding "Items 3 and 4 above under Annexation Findings above, and the Agency
Comments and Conditions in Exhibit B for more detail.)
4. 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 development of this subdivision that should be brought to the Councilor
Commission's attention. ACHD considers road safety issues in their analysis. The
Council recommends that the Commission and Council reference any public testimony
that may be presented to determine whether or not the proposed subdivision may cause
health, safety or environmental problems of which the Council is unaware.
5. The development preserves significant natural, scenic or historic features.
The Council is unaware of any natural, scenic or historic features on this site. Therefore,
staff [mds that the proposed development will not result in the destruction, loss or
damage of any natural, scenic or historic feature(s) of major importance. The Council
reference any public testimony that may be presented to determine whether or not the
proposed development may destroy or damage a natural or scenic feature(s) of major
importance of which the COWlcil is unaware.
Exhibit 0