Crowley Park Subdivision (H-2023-0053) ADA COUNTY RECORDER Trent Tripple 2024-012754
BOISE IDAHO Pgs=39 BONNIE OBERBILLIG 03/13/2024 08:04 AM
CITY OF MERIDIAN, IDAHO NO FEE
DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. ; Gilbert RE Holdings LC, Owner/Developer
THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this
12th _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 Gilbert RE Holdings LLC, whose address is 1065 Allante Place, Boise, Idaho,
83709, hereinafter called OWNER/DEVELOPER.
1. CA :
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,
hereinafter referred to as the Property; and
1.2 WHEREAS, Idaho Code § 67-6511 A 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 11-58-3 of the Unified Development Code ("UDC'), which authorizes
development agreements upon the annexation and/or rezoning of land; and
1.4 WHEREAS, Owner/Developer has submitted an application for annexation
and zoning of 1.002 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 annexation and
zoning held before Planning and Zoning Commission and the City Council
includes responses of government subdivisions providing services within the
City of Meridian planning jurisdiction and includes further testimony and
comment; and
1.7 WHEREAS, on the 19`" day of December, 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
DEVELOPMENT AGREEMENT—CROWLEY PARK SUBDIVISION(H-2023-0053) PAGE I OF 7
1.8 WHEREAS, the Findings require the Owner/Developer to enter into a
Development Agreement before the City Council takes final action on final
plat; and
1.9 WHEREAS, Owner/Developer deem it to be in its best interest to be able to
enter into this Agreement and acknowledges that this Agreement was entered
into voluntarily and at its urging and request; and
1.10 WHEREAS, City requires the Owner/Developer to enter into a development
agreement for the purpose of ensuring that the Property is developed and the
subsequent use of the Property is in accordance with the terms and conditions
of this Agreement,herein being established as a result of evidence received by
the City in the proceedings for zoning designation from government
subdivisions providing services within the planning jurisdiction and from
affected property owners and to ensure zoning designation is in accordance
with the amended Comprehensive Plan of the City of Meridian on December
19, 2019, Resolution No. 19-2179, and the UDC, Title 11.
NOW, THEREFORE, in consideration of the covenants and conditions set forth
herein, the parties agree as follows:
2. INCORPORATION OF RECITALS: That the above recitals are contractual and
binding and are incorporated herein as if set forth in full.
3. DEFINITIONS: For all purposes of this Agreement,the following words, terms, and
phrases herein contained in this section shall be defined and interpreted as herein provided for,unless
the clear context of the presentation of the same requires otherwise:
3.1 CITY: means and refers to the City of Meridian, a party to this Agreement,
which is a municipal Corporation and government subdivision of the state of
Idaho, organized and existing by virtue of law of the State of Idaho, whose
address is 33 East Broadway Avenue, Meridian, Idaho 83642.
3.2 OWNER/DEVELOPER: means and refers to Gilbert RE Holdings LLC,
whose address is 1065 S. Allante Place, Boise, Idaho 83709,hereinafter called
OWNER/DEVELOPER, the party that owns said Property and shall include
any subsequent owner(s) of the Property.
3.3 PROPERTY: means and refers to that certain parcel(s) of Property located in
the County of Ada, City of Meridian as in Exhibit "A" describing a parcel
bound by this Development Agreement and attached hereto and by this
reference incorporated herein as if set forth at length.
4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right
to develop the Property in accordance with the terms and conditions of this Agreement.
4.1 The uses allowed pursuant to this Agreement are only those uses allowed under
the UDC.
DEVELOPMENT AGREEMENT-CROWLEY PARK SUBDIVISION(H-2023-0053) PAGE 2 OF 7
4.2 No change in the uses specified in this Agreement shall be allowed without
modification of this Agreement.
5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY:
5.1. Owner/Developer shall develop the Property in accordance with the following
special conditions:
a. Future development of this site shall be generally consistent with the preliminary
plat, landscape plan, and conceptual building elevations included in Section VIII
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 existing home on Lot 1,Block 1 shall be required to connect to City water and
sewer service within 60 days of it becoming available and disconnect from private
service, as set forth in MCC 9-1-4 and 9-4-8.
c. As a result of the nonconformity to the existing home due to the off-street parking
requirements in UDC 11-3C-6, the Applicant/Owner is required to apply for a
Conditional Use Permit for any future expansions on the property.
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.
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
DEVELOPMENT AGREEMENT-CROWLEY PARK SUBDIVISION(H-2023-0053) PAGE 3 OF 7
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.
12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued
in any phase in which the improvements have not been installed,completed,and accepted by the City,
or sufficient surety of performance is provided by Owner/Developer to the City in accordance with
Paragraph I I above.
13. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agree to abide by
all ordinances of the City of Meridian unless otherwise provided by this Agreement.
DEVELOPMENT AGREEMENT-CROWLEY PARK SUBDIVISION(H-2023-0053) PAGE 4 OF 7
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:
Gilbert RE Holdings, LLC
1065 S. Allante Place
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.
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
DEVELOPMENT AGREEMENT-CROWLEY PARK SUBDIVISION(H-2023-0053) PAGE 5 OF 7
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-CROWLEY PARK SUBDIVISION(H-2023-0053) PAGE 6 OF 7
ACKNOWLEDGMENTS
IN WITNESS WHEREOF,the parties have herein executed this agreement and made
it effective as hereinabove provided.
OWNER:
Gilbert RE Holdings,LLC
By: W (5-Aa.-A
Its:
STATE OF IDAHO )
ss:
County of Ada )
On this,�A 1 day of r f 20 before me,the undersigned, a No Public in and for said
State, personally appeared. - �— ,known or identified to me to be the��VIA' _
of Gilbert RE Holdings,LLC and the person who signed above and acknowledged to me that huted 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.
K N
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O:o NOTARY m y My Commission Expires: MeridianlaWo
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CITY OF MERIDIAN ATTEST:
By:
Mayor Robert E. Simison 3.12.2024 Chris Johnson, City Clerk 3-12-2024
STATE OF IDAHO )
:ss
County of Ada )
On this 12th day of March ,20 24 , 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—CROWLEY PARK SUBDIVISION(H-2023-0053) PAGE 7 OF 7
EXHIBIT A
Ci O
DAVID EVANS
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ANNEXATION
BOUNDARY DESCRIPTION
The following Describes a Parcel of Land lying in a portion of the NW 1/4 of Section 10,
Township 3 North., Range 1 West., Boise Meridian, City of Meridian, Ada County
Idaho being more particularly described as follows:
COMMENCING at the Northwest Corner of said Section 10 which is being Monumented
with a found 5/8" Iron pin with "No Cap"; From which, the North 1/4 Corner of
said Section 10 which is being Monumented with a found Brass Cap bears,
South 8901631" East, 2645.04 feet; Thence along the Northerly Boundary Line
of the NW 1/4 of said Section 10, South 89015'31" East, 2195.88 feet to the
POINT OF BEGINNING:
Thence continuing, South 89015'34" East, 124.22 feet;
Thence leaving said Northerly Boundary Line, South 00004'22" East, 386.74 feet to a
found 5/8" Iron Pin "PLS 4116";
Thence, North 88°23'57" West, 130.98 feet to a found 5/8" Iron Pin "PLS 4116";
Thence, North 00°55'39" East, 384.74 feet to the POINT OF BEGINNING:
The above Described Parcel of Land contains 1.13 Acres (49,213 Sq. Ft.), more or
less.
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ANNEXATION EXHIBIT
A PORTION OF THE NW 1/4 OF SECTION 10, TOWNSHIP 3 NORTH, RANGE 1 WEST,
BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO
2023
BASIS OF BEARING:
S89°1631"E 2645.04'
3 4 W.Cher Lane_ S89°15'31"E 124.22' 4
9 10""° 2195.88'
a Cap„ 324.80' —10
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CROWLEY PARK ANNEXATION DESCRIPTION 2/20/2023
Scale: 1 inch= 44 feet I File: Aneexation Boundary Description.ndp
Tract 1: 1.1298 Acres(49213 Sq. Feet),Closure:n00.0000e 0.00 ft. (1/295714),Perimeter=1027 ft.
01 s89.1534e 124.22
02 s00.0422e 386.74
03 n88.2357w 130.98
04 n00.5539e 384.74
EXHIBIT B
CITY OF MERIDIAN
FINDINGS OF FACT,CONCLUSIONS OF LAW CVIENty
AND DECISION&ORDER
In the Matter of the Request for Annexation of 1.002 acres of land with an R-8 zoning district,
Preliminary Plat consisting of 4 residential building lots(including one existing home to remain)
and 1 common lot for Crowley Park Subdivision,by Riley Planning Services,LLC.
Case No(s). H-2023-0053
For the City Council Hearing Date of: December 12, 2023 (Findings on December 19,2023)
A. Findings of Fact
1. Hearing Facts(see attached Staff Report for the hearing date of December 12, 2023, incorporated
by reference)
2. Process Facts(see attached Staff Report for the hearing date of December 12, 2023, incorporated
by reference)
3. Application and Property Facts(see attached Staff Report for the hearing date of December 12,
2023, incorporated by reference)
4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing
date of December 12, 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(CROWLEY PARK SUBDIVISION-FILE#H-2023-0053)
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of December 12, 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 § 1 I-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 Preliminary Plat is hereby approved per the
conditions of approval in the Staff Report for the hearing date of December 12,2023, 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 I I-
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(CROWLEY PARK SUBDIVISION-FILE#H-2023-0053)
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 § 67-652l(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 §§ 67-652 1(1)(d) and 67-8003, an owner of private property that is the
subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory
takings analysis.
G. Attached: Staff Report for the hearing date of December 12, 2023
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(CROWLEY PARK SUBDIVISION-FILE#H-2023-0053)
By action of the City Council at its regular meeting held on the 19th day of Dece4mber
2023.
COUNCIL PRESIDENT BRAD HOAGLUN VOTED AYE
COUNCIL VICE PRESIDENT JOE BORTON VOTED AYE
COUNCIL MEMBER JESSICA PERREAULT VOTED AYF
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. Si 12-19-2023
Attest:
r4.f
(gL(
�~ jnA^Sppp'i15o1
SFA7.
Chris Johns 12-I Qom,``
City Clerk
Copy served upon Applicant,Community Development Department, Public Works Department and City
Attorney.
12-19-2023
By:_ - �� �� Dated:
City Clerk's Office t IN
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(CROWLEY PARK SUBDIVISION-FILE#H-2023-0053)
STAFF REPORT C�WIE
COMMUNITY DEVELOPMENT DEPARTMENTgj
HEARING December 12, 2023 Legend
DATE:
Project Loc�fion �-
TO: Mayor&City Council
FROM: Stacy Hersh,Associate Planner
208-884-5533
SUBJECT: Crowley Park Subdivision
H-2023-0053
LOCATION: 4135 W. Cherry Lane in the Northeast
1/4 of the Northwest 1/4 of Section 10,
Township 3N,Range 1 W(Parcel
#S1210212465)
I. PROJECT DESCRIPTION
Annexation of 1.002 acres of land with an R-8 zoning district,Preliminary Plat consisting of 4 residential
building lots(including one existing home to remain)and one(1)common lot for Crowley Park Subdivision.
II. SUMMARY OF REPORT
A. Project Summary
Description Details Page
Acreage 1.002 acres
Future Land Use Designation Medium Density Residential(MDR)
Existing Land Use Single-family residential(SFR)/ag
Proposed Land Use(s) Single-Family attached residential
Current Zoning Single-Family residential zone(RI)in Ada County
Proposed Zoning R-8(Medium Density Residential)
Lots(#and type;bldg/common) 4 buildings(including 1 existing lot)/l common
Phasing plan(#of phases) 1
Number of Residential Units(type 4 single-family attached units and 1 existing home
of units)
Density(gross&net) 3.99 units/acre(gross)
Open Space(acres,total[%]/ 0%,not required for developments under 5 acres
buffer/qualified)
Amenities None
Physical Features(waterways, None
hazards,flood plain,hillside)
Neighborhood meeting date 8/3/2023
History(previous approvals) None
B. Community Metrics
Description I Details Page
Ada County Highway
District
• Staff report Yes
(yes/no)
• Requires
ACHD
Commission
Action
es/no
• Existing f_ Rigirl-cif4ay—Cherry Lane
s, Exkating Con S Imp
roved wlm 5•trave lanes, ar�-slreek bike
Conditions lanes, v4albnl fib, gutter,and 7-bot Vida ABlfaohbd C*Mreln sidewalk albulling l V
%W There i6 g(ieel of righl-alivap far Cherry l.aaw g4SAM from oentelline).
• CIP/IFYWP C.Traffic Information
Trjp 174nr4raVi;n
Thit clnyvHoprnWA I¢4Wh1nu r.d IKl genermle 29 pWRigon*I 4vhitl•0hp6 W d•x(lit 1I11g).
&nd 2 BGditk nal vltalvk Irlpr.;s r hour in the PM pBAk hour(1 a5d4n§y .htietl on M&Inillfulh
ai Trameprrtaflcrl Englnee•s Tnu Generatbn Mar%u81,1V Whom
CoMloon of Area Rwdwayr.:Traffic Colnrr Is based ee Vehldn pry hdur(VPM
`r iLay{ FurIL'.Kmal PM Pack Hbur Phi Peak Hour
cifnsir�aiio5 ThaflleUunt Level orSemm
C*rry 126 fee! Pirimpil Arlenal 704 04#w Thprr'F'
"fnceplahlrievel urmpiy"W M Roo-Lane pnnrippl frl9WLWJs'F;1,7EM VPH),
Average[]ally Tr&ME C: unR(WTI; A"Fings dal?y tranlc G4uMa■ra Muddm I4cHora m 1rurr*rt
traillc courg
Tire LErage dells traffic caunl.for Cherry Lane wesi of Ten We Roar]wee 14.642 M
Marcy X.2014)
Access(Arterial/Collectors/State Cherry Lane is classified as a principal arterial roadway. Other than the
Hwy/Local)(Existing and Proposed) access specifically approved with this application off of W. Cherry Lane,
direct lot access is prohibited to this roadway and should be noted on the
final plat.
Proposed Road Improvements None
Fire Service No comments received
Police Service No comments received.
West Ada School District No comments received.
Distance(elem,ms,hs)
Capacity of Schools
#of Students Enrolled
Wastewater
• Distance to Sewer Services Directly adjacent
• Sewer Shed North Black Cat
• Estimated Project Sewer See application
ERU's
• WRRF Declining Balance
• Project Consistent with WW Yes
Master Plan/Facility Plan
• Impacts/Concerns See Public Works' Site-Specific Conditions in Section B.
Water
• Distance to Services Water available at site.
• Pressure Zone 2
• Estimated Project Water See application
ERU's
• Water Quality Concerns None
• Project Consistent with Yes
Water Master Plan
• Impacts/Concerns See Public Works' Site-Specific Conditions in Section B.
C. Project Maps
Future Land Use Map Aerial Map
Legend Legend M.
°Proj� t Loeari Projet Location .? .r ..
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medium De�mitV:-
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Residential _ `fWT40RN }
--- Y++8 LUf GR
IN 91 Cs4trJ{faR1?K C� r
Zoning Map Planned Development Map
LL-gend .9 l gerrd a
r"roject L"Onor. `1:',ject L0CQh;-
A v
- � 24'rr C ify LImIts
Ir
— Pl-anned Parcels
IPALY W QLrAKtR # QLrAJ(M
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F lid �^R-rs R- L
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C1i + V. Z;;L
Tr„ J I4t R �RrC r.. yr Bro w �rG J I I + �
III. APPLICANT INFORMATION
A. Applicant:
Penelope Riley,Riley Planning Services LLC-P.O.Box 405,Boise,ID 83701
B. Owner:
Luke Gilbert, Gilbert RE Holdings,LLC- 1065 S. Allante Place,Boise,ID 83709
C. Representative:
Same as Applicant
IV. NOTICING
Planning&Zoning City Council
Posting Date Posting Date
Newspaper notification
published in newspaper 10/31/2023 11/21/2023
Radius notification mailed to
property owners within 500 feet 10/27/2023 11/23/2023
Public hearing notice sign posted
11/6/2023 11/30/2023
on site
Nextdoor posting 10/27/2023 11/21/2023
V. COMPREHENSIVE PLAN ANALYSIS
LAND USE: This property is designated as Medium Density Residential(MDR) on the Future Land Use Map
(FLUM)contained in the Comprehensive Plan. This designation allows for dwelling units at gross densities
of 3 to 8 dwelling units per acre.
The subject 1.002-acre property currently contains an existing home and is an enclave surrounded by
existing single-family residential homes. The subject site abuts an R-8 development to the west and south,
Cherrywood Village Subdivision;to the east is an R-4 development,Rods Parkside Creek Subdivision; and
to the north are two R-4 developments, Golf View Estates Subdivision and Cherry Lane Village Subdivision.
The subject property is designated as Medium Density Residential on the future land use map consistent with
the approved development to the west. The Applicant proposes a 4-lot subdivision for single-family
residential detached homes and one existing single-family detached home at a gross density of 3.99 units per
acre,which is within the desired density range of the MDR designation.
Goals,Objectives, &Action Items: Staff finds the following Comprehensive Plan policies to be applicable
to this application and apply to the proposed use of this property(staff analysis in italics):
• "Encourage a variety of housing types that meet the needs, preferences, and financial capabilities of
Meridian's present and future residents."(2.01.02D)
The proposed single-family detached dwellings and one existing single-family detached dwelling
with a mix of lot sizes will contribute to the variety of housing options in this area and within the
City as desired. Existing single-family attached and detached dwellings are in the Medium-Density
Residential development to the west and south and existing Medium Low-Density Residential
developments consisting of detached dwellings are located within the surrounding area.
• "Permit new development only where it can be adequately served by critical public facilities and
urban services at the time of final approval, and in accord with any adopted levels of service for
public facilities and services."(3.03.03F)
City water and sewer service is available and can be extended by the developer with development in
accord with UDC 11-3A-21.
• "Avoid the concentration of any one housing type or lot size in any geographical area;provide for
diverse housing types throughout the City."(2.01.01 G)
This area consists primarily of single family detached homes with some single-family attached
homes located to the west;only single-family detached homes and one existing single-family
detached home are proposed within this development. The proposed development offers lot sizes
ranging from 5,148 to 9,210 square feet(sf.) with the existing home on a 9,524 sf. lot.
• "Require all new development to create a site design compatible with surrounding uses through
buffering, screening,transitional densities, and other best site design practices."(3.07.01A)
The proposed medium-density residential single-family detached homes contribute to the variety of
residential categories within the surrounding area as desired.
• "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 existing developments on adjacent properties that are also
designated for MDR uses.
• "Support infill development that does not negatively impact the abutting, existing development.
Infill projects in downtown should develop at higher densities, irrespective of existing
development." (2.02.02C)
The proposed development will not likely impact the existing abutting developments to the east, west,
and south.
• "Ensure development is connected to City of Meridian water and sanitary sewer systems and the
extension to and through said developments are constructed in conformance with the City of
Meridian Water and Sewer System Master Plans in effect at the time of development."(3.03.03A)
The proposed development will connect to City water and sewer systems with development of the
subdivision;services are required to be provided to and through this development in accord with
current City plans.
• "Require pedestrian access in all new development to link subdivisions together and promote
neighborhood connectivity."(2.02.01D)
A 7-foot-wide existing pedestrian sidewalk connection is located along W. Cherry Lane. The existing
sidewalk provides a link between all subdivisions east and west of this site.
• "Require urban infrastructure be provided for all new developments, including curb and gutter,
sidewalks,water and sewer utilities."(3.03.03G)
Urban sewer and water infrastructure and curb, gutter, and sidewalks are required to be provided
with development of the subdivision.
• "Eliminate existing private treatment and septic systems on properties annexed into the City and
instead connect users to the City wastewater system; discourage the prolonged use of private
treatment septic systems for enclave properties."
If annexed, the existing home will be required to abandon the existing septic system and connect to
the City wastewater system.
• "Maximize public services by prioritizing infill development of vacant and underdeveloped parcels
within the City over parcels on the fringe."(2.02.02)
Development of the subject infill parcel will maximize public services.
Based on the analysis above, staff finds the proposed development is consistent with the Comprehensive
Plan.
VI. STAFF ANALYSIS
A. ANNEXATION(AZ)
The Applicant proposes to annex 1.002 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. This property 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 3 single-family residential detached dwelling units, 1
existing single-family detached dwelling unit, and 1 common lot at a gross density of 3.99 units per acre
(see Sections VIII.C,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.
There is an existing home on approximately a quarter of an acre adjacent to W. Cherry Lane. The
property owner intends to annex and connect to City utilities with this development.
The property is contiguous to City annexed land to the north and is within the City's Area of City Impact
boundary. A legal description and exhibit map of the overall annexation area for the R-8 zoning districts
are included in Section VIII.A.
The City may require a development agreement(DA)in conjunction with an annexation pursuant to
Idaho Code section 67-6511A. If this property is annexed, Staff recommends a DA is required with
the provisions discussed herein and included in Section IX.A.
B. PRELIMINARY PLAT(PP):
The proposed preliminary plat consists of 4 building lots and 1 common lot on 1.002-acre property in the
proposed R-8 zoning district. Proposed lots range in size from 5,148 to 9,524 square feet(s.f.) (or 0.12 to
0.22 acres). The proposed gross density of the subdivision is 3.99 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 on the property is proposed to remain on
Lot 2,Block 1. The outbuildings located on Lots 1 and 3,Block 1 should be removed with development
of this property. Prior to the City Engineer's signature on the final plat, all existing structures that
do not conform to the setbacks of the district are required to be removed.
Dimensional Standards (UDC 11-2): The proposed plat and subsequent development 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,except for the
front porch on the existing home which encroaches more than two feet into the required setback
(see landscape buffers below for analysis). Per UDC 11-2A-3B.3, lots taking access from a common
drive do not require street frontage.
Access: Access is proposed from W. Cherry Lane from a common driveway on Lot 1, Block 1. Direct
lot access from W. Cherry Lane for Lot 2,Block 1 is prohibited. The interior Lots 3,4, 5,Block 1 are
proposed to take access via a common drive to W. Cherry Lane,meeting the street access requirements
of UDC 11-3A-3A.
Common Driveways (UDC 11-6C-3D): Common driveways shall serve a maximum of four(4)
dwelling units. In no case shall more than three(3) dwelling units be located on one (1) side of the
driveway. The Applicant is proposing four(4)dwelling units take access off the main common
driveway, all four(4)dwelling units are also located on one(1) side of the driveway. However,three(3)
dwelling units are taking access via a side common drive that connects to the main common drive. The
Director has determined that the proposed orientation of the dwelling units off the side common drive
meets the intent of the UDC code.
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
Applicant has provided an additional three(3)parking stalls at the end of the common drive on the
southeast side of the site for overflow parking. The existing home does not meet the required number of
off-street parking spaces per UDC Table 11-3C-6 for a three(3)bedroom home; four(4)parking spaces
are required, at least 2 in an enclosed garage, other spaces may be enclosed or a minimum 10-foot by 20-
foot parking pad. The existing home does not have an enclosed two-car garage; however,the required
number of parking spaces is provided via an existing carport and driveway.
The carport shares a roofline with the existing home and is currently accessed from the west;
access to the carport will change to the south upon approval and completion of the subdivision
site improvements once the entry point to the carport is shifted to the south and the common
drive is constructed. The Applicant is also proposing to add a fence to provide additional
screening of the carport from W. Cherry Lane. The existing home is recognized as non-
conforming due to the off-street parking requirements in UDC 11-3C-6. Per UDC 11-IB-4, no
existing structure containing a nonconforming use may be enlarged, extended, constructed,
reconstructed, moved, or structurally altered except through the approval of a conditional use
permit. As a result of the non-conformity,the Applicant is required to apply for a Conditional
Use Permit for any future expansions on the property.
New
f •i
#, fill
Landscaping ti
■
Landscaping(UDC 11-3B): A twenty-five foot landscape buffer is required along W. Cherry Lane in
accord with UDC 11-3B-7. The landscape plan submitted depicts a 20-foot landscape buffer along W.
Cherry Lane that includes four(4) existing trees. The Applicant has proposed a water-conserving design
aimed to reduce the required landscape buffer to 20 feet in width. However, the proposed design lacks
features like boulders, rocks, and/or permeable hardscape materials such as pavers and flagstones, and
water conserving grasses. The design should incorporate plants and trees that thrive in climates with
approximately ten (1) to twelve (12) inches of annual rainfall. Staff recommends that the Applicant
revise the landscape plan to comply with the requirements for a water-conserving design in accordance
with UDC 11-3B-5.2.0).
Sidewalks(11-3A-17): Cherry Lane is improved with an existing 7-foot wide attached concrete
sidewalk abutting the site in accord with UDC standards. Staff is not recommending that this sidewalk be
replaced with and 7-foot detached sidewalk.
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 1 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. The Applicant is proposing fencing in front of the carport for screening provided there is
not a conflict with the proposed layout of the fire hydrant service line. A detail of the fencing
should be provided with the final plat.
Pressurized Irrigation System (UDC 11-3A-15): Underground pressurized irrigation water is required
to be provided to each lot within the subdivision as set forth in UDC 11-3A-15. Given that the
property possesses irrigation rights and access,surface water rights should be used as the primary
source over the groundwater well in accordance with the regulations of Settlers Irrigation District.
Settlers Irrigation District does not permit the exclusion of water rights to the subject parcel.
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: Three(3)conceptual building elevations were submitted that demonstrate what
future homes in this development will look like (see Section MILE).Variations of one-story homes with
a three-car garage are proposed. The submitted elevations depict a number of different architectural
and design styles with field materials of lap siding,differing color accents,roof profiles, and stone.
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 IX in accord with the Findings in Section
X.
B. The Meridian Planning&Zoniniz Commission heard these items on November 16,2023. At
the public hearing,the Commission moved to recommend approval of the subject Annextion
and Preliminary Plat requests.
1. Summary of Commission public hearing_
a. In favor: Penelope Constantikes,Riley Planning Services,LLC; Luke Gilbert,
property owner
b. In opposition: None
C. Commenting: Bill Canfield,Judy Cartwright, Esther Burgoyne
d. Written testimony:None
e. Staff presenting application: Stacy Hersh,Associate Planner
f. Other Staff commenting on application:None
2. Key issue(s) public testimony
a. Concerns with the existingfencing encing deteriorating and falling down with
development.
b. Concerns were raised about an existing tree due to its branches and roots
extending both under and over the existingfence
ence
3. Key issue(s)of discussion by Commission.
a. None
4. Commission change(s)to Staff recommendation:
a. None
5. Outstanding issue(s)for City Council:
a. None
C. The Meridian City Council heard these items on December 12,2023. At the public hearing,the
Council moved to approve the subject Annexation and Preliminary requests.
1. Summary of the City Council public hearing:
a. In favor: Penlelope Constantikes,Riley Planning Services,LLC: Luke Gilbert,property
owner
b. In Opposition:None
C. Commenting: None
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 issue(s)of discussion by City Council:
a. None
4. City Council change(s)to Commission recommendation:
a. None
VIII. EXHIBITS
A. Annexation Legal Description and Exhibit Map
t�
ANNEXATION
BOUNDARY DESGRIPTTON
The following Describes a Parcel of Land lying in a portion of the NW 114 of Section 10,
1'gwnsitip 3 NorM., Range 1 West.. Boise Meridian,City of Meridian_Ads County
Idaho beir►g more par lcWarly dew as Follows.
COMMENCI NG at the Norlhwast Comer of said Section 10 which Is being Monumentsd
with a Found 519'Iron pin with'No Cap": From which,the North 114 Comer of
saig Section 10 which is being Menumented with a found Brass Cap bears,
South agr"1$31-Lath,2645.04 feat; thence along the Northerly Boundary Line
of the NW 114 of Said Section 10.South 69*15'31"East,2196.88 feet to the
POINT OF BEGINNING.
Ther3re cor&uIrig. Souih 89'15'9'East, 124.22 feet,
Thence leaving said Northerly Boundary Line. South 00'04 2-2' East, 386.74 feat to a
found 5!a' Iron Prn'PLS 0 13";
Thence. North 88'23'57'West. 130.98 feat to a found 5ffi"Iron Pin'PLS 4116
Thence, rgorlh 00058'M' East, M4,74 feet to the POrNT OF BEGIANNINQ
The above Dosc6i7Ld Parcel of Land contairg 1.13 Acres(4t},213 Sq. Ft.), morc or
1055.
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AMM�11014 EXHIBIT
A PORTION OF TIRE NW 114 OF SECNON 10.TOWNSHIP 9 NORTH.RPNGE 1 WEST.
ROSE MERIDIAN,CRY OF MEROM.p COUNtt,IOAHO
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B. Preliminary Plat Legal Description and Exhibit Map
t0
Ai+fNEY IRON
BO[;NDARV>DESCIUP'TTION
The following Describes a Parcel of Land iying in a portron of the NW V4 of Section 10.
Township 3 North.. Range 1 West., Boise Meridian.Clty of Meridian.Ada County
Idaho being more part4culariy desadbed as f0 lows:
COM MENCI NG at the Northwest Gorner of said Section 10 which is being Monumanted
with a found W Iron pin with'No Gap';From which,the North 114 Corner of
said Wion 10 whim is being Monumented with a found Brass Cap h¢arrs.
South 89'15'31"East, 2645.D4 feel, Thence along the Northerly Boundary Line
of the NW 114 of said Section 10.South 89'1 F31" East.2195.88 feat to the
PRINT OF BEGINNING,
Then continuing, South WIS'34'Eastr 124.22 fuss;
Theme leaving said Northerly Boundary Line, South 00`04'22" East, 386.74 Feet to a
found "' Iron PIn"PLS 4116",
Thence_North W23'57'West, t30.98 feet to afound SW Iron Pln"PLS 4116";
Then ce, North 00'55`39' Easlr 384.74 feet ID the POINT OF BEGI N Nf NG:
The above Doacribed Parcel of Land contains 1.1E3 Acres(49,213 Sy.Ft.), more or
less.
Uzir
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ANNEXATION EXHIBIT
A PORTION OF THE NW 114 OF SECTION 10.T0WNSHIP3 NORTH.RANGE i WEST.
BOISE MERIDIAN, CITY OF MERIWW,ADA COUNTY, IDAHO
2023
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X. CITY/AGENCY COMMENTS & CONDITIONS
A. PLANNING DIVISION
I. 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 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 preliminary plat, landscape
plan, and conceptual building elevations included in Section VIII and the provisions contained
herein.
b. The existing home on Lot 1,Block I shall be required to connect to City water and sewer service
within 60 days of it becoming available and disconnect from private service, as set forth in MCC
9-1-4 and 9-4-8.
c. As a result of the non-conformity to the existing home due to the off-street parking requirements
in UDC 11-3C-6,the Applicant/Owner is required to apply for a Conditional Use Permit for
any future expansions on the property.
2. The final plat prepared by Rock Solid Civil on June 15,2023 is approved as submitted.
3. The landscape plan submitted with the final plat shall include the following revisions:
a. Revise the landscape plan to depict a variety of lacks features like boulders,rocks, and/or
permeable hardscape materials such as pavers and flagstones, and water conserving grasses to
comply with the requirements for a water-conserving design in accordance with UDC 11-3B-
5.2.0. The design shall incorporate plants and trees that thrive in climates with approximately
ten(1)to twelve(12)inches of annual rainfall.
b. Depict a fencing detail for all new fencing proposed for the subject site.
c. Mitigation shall be required for all existing trees four-inch caliper or greater that are removed
from the site with equal replacement of the total calipers lost on site up to an amount of one
hundred(100)percent replacement per UDC 11-3B-10C.5.
4. The proposed plat and subsequent development are required to comply with the dimensional
standards listed in UDC Table I I-2A-6 for the R-8 zoning district.
5. Prior to the City Engineer's signature on the final plat, all existing structures that do not conform to
the setbacks of the R-8 zoning district shall be removed.
6. Off-street parking is required to be provided in accord with the standards listed in UDC Table I I-
3C-6 for single-family dwellings based on the number of bedrooms per unit, except for the existing
residence on Lot 1,Block 1.
7. The Applicant shall comply with all ACHD conditions of approval.
8. Direct lot access from W. Cherry Lane is prohibited.
10. The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets the
standards as set forth in UDC I I-3B-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.
12. 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 11-613-7.
B. PUBLIC WORKS
https://weblink.meridiancity.or lWebLink/Doc View.aspx?id=309527&dbid=0&repo=MeridianCity
C. FIRE DEPARTMENT
No comments at this time.
D. POLICE DEPARTMENT
No comments at this time.
E. PARK'S DEPARTMENT
No comments at this time.
F. SETTLERS IRRIGATION DISTRICT
https://weblink.meridiancity.org/WebLink/Doc View.aspx?id=310450&dbid=0&r0o=MeridianCity&cr
=1
https://weblink.meridiancity.org/WebLink/DocView.aspx?id=310529&dbid=0&repo=Meridian City
G. ADA COUNTY DEVELOPMENT SERVICES(ACDS)
https://weblink.meridianciN.oLgzl ebLinkIDocView.aspx?id=310572&dbid=0&repo=MeridianCitX
H. WEST ADA SCHOOL DISTRICT(WASD)
No comments were received from WASD.
I. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ)
https://weblink.meridiancioy.org/WebLinkIDocView.aspx?id=309946&dbid=0&repo=MeridianCiU
J. IDAHO TRANSPORTATION DEPARTMENT(ITD)
https://weblink.meridiancity.org/WebLink/Doc View.aspx?id=309599&dbid=0&repo=MeridianCity
K. ADA COUNTY HIGHWAY DISTRICT(ACHD)
https://weblink.meridiancity.org/WebLink/Doc View.aspx?id=310013&dbid=0&repo=MeridianCitX
XI. 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 Applicant's request to annex the subject property with R-8 zoning and develop
single-family attached dwellings on the site at a gross density of 3.99 units per acre is consistent with
the density desired in the MDR designation for this property; the preliminary plat and site design is
consistent with the Comprehensive Plan, if all conditions of approval are met.
2. The map amendment complies with the regulations outlined for the proposed district,
specifically the purpose statement;
Commission finds the proposed map amendment to R-8 and development generally complies with the
purpose statement of the residential districts in that it will contribute to the range of housing
opportunities available in the City consistent with the Comprehensive Plan.
3. The map amendment shall not be materially detrimental to the public health,safety, and
welfare;
Commission finds the proposed map amendment should not be detrimental to the public health,
safety and welfare as the proposed residential uses should be compatible with adjacent single-family
residential homes/uses in the area.
4. The map amendment shall not result in an adverse impact upon the delivery of services by any
political subdivision providing public services within the city including,but not limited to,
school districts; and
Commission finds City services are available to be provided to this development. Comments were
not received from WASD on this application so Staff is unable to determine impacts to the school
district.
5. The annexation(as applicable)is in the best interest of city.
Commission finds the proposed annexation is in the best interest of the city if revisions are made to
the development plan as recommended.
B. Preliminary Plat(UDC 11-613-6)
In consideration of a preliminary plat,combined preliminary and final plat,or short plat,the decision-
making body shall make the following findings: (Ord. 05-1170, 8-30-2005, eff. 9-15-2005)
1. The plat is in conformance with the comprehensive plan and is consistent with this unified
development code; (Ord. 08-1372, 7-8-2008, eff. 7-8-2008)
Commission finds the proposed plat is generally in conformance with the UDC and the
Comprehensive Plan.
2. Public services are available or can be made available ad are adequate to accommodate the proposed
development;
Commission finds public services can be made available to the subject property and will be
adequate to accommodate the proposed development.
3. The plat is in conformance with scheduled public improvements in accord with the city's capital
improvement program;
Commission finds there are no roadways, bridges or intersections in the general vicinity that are in
the IFYWP or the CIP.
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.
5. The development will not be detrimental to the public health, safety or general welfare; and
Commission finds the proposed development will not be detrimental to the public health, safety or
general welfare.
6. The development preserves significant natural, scenic or historic features. (Ord. 05-1170, 8-30-2005,
eff. 9-15-2005)
Commission is unaware of any significant natural, scenic or historic features that need to be
preserved with this development.