Incline Village Subdivision AZ 06-018
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PARTIES: 1.
2.
3.
ADA COUNTY RECORDER J. DAVID NAVARRO
BOISE IDAHO 09/21/06 01:46 PM
DEPUTY Vicki Allen
RECORDED - REQUEST OF
City of Meridian
45
AMOUNT .00
1111111111111111111111111111111111111
106151230
DEVELOPMENT AGREEMENT
City of Meridian
Incline Village, LLC, Developer
Bob L. Kell, Shannon Smith, and Phillip Smith, Owners
THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and
entered into this~ day of~, 2006, by and between City of Meridian, a
municipal corporation of the S~Idaho, hereafter called "CITY", Incline Village, LLC,
whose address is 1820 Mace Road, Eagle, Idaho 83616, hereinafter called "DEVELOPER",
and Bob L. Kell, Shannon Smith and Phillip Smith, whose address is 1820 Mace Road, Eagle,
Idaho, 83616, hereinafter called "OWNER".
1.
RECITALS:
1.1
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WHEREAS, "Owner" are the sole owners, in law and/or equity, of
certain tract of land in the County of Ada, State of Idaho, 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-4) Medium-Low Density Residential
District, (Municipal Code ofthe 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 06-018) INCLINE VILLAGE 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 govenunent subdivisions providing
services within the City of Meridian planning jurisdiction, and received
further testimony and comment; and
1.7 WHEREAS, City Council, the 27th day of June, 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 06-018) INCLINE VILLAGE SUBDIVISION
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3. DEFINITIONS: For all purposes ofthis 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 govenunent
subdivision of the state ofIdaho, organized and existing by virtue oflaw
of the State ofIdaho, whose address is 33 East Idaho Avenue, Meridian,
Idaho 83642.
3.2 "DEVELOPER": means and refers to Incline Village, LLC, whose
address is 1820 Mace Road, Eagle, Idaho 83616, the party developing
said "Property" and shall include any subsequent developer(s) of the
"Property" .
3.3
"OWNER": means and refers to Bob L. Kell, Shannon Smith and
Phillip Smith, whose address is 1820 Mace Road, Eagle, Idaho 83616,
the party that owns said "Property" and shall include any subsequent
owner( s) ofthe "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-4
(Medium-Low 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-4 zone, and the pertinent provisions of the City
of Meridian Comprehensive Plan are applicable to this AZ 06-018
application.
4.2
No change in the uses specified in this Agreement shall be allowed
without modification of this Agreement.
DEVELOPMENT AGREEMENT (AZ 06-018) INCLINE VILLAGE SUBDIVISION
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5. CONDITIONS GOVERNING 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 ofthe 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 following shall be the only allowed uses on the property:
single- family detached homes and allowed accessory uses on the R-4
zone.
5.1.6. That a maximum of61 single-family building lots shall be platted on
this property.
5.1.7. That prior to the issuance of any building permit, the subj ect property be
subdivided in accordance with the City of Meridian Unified
Development Code.
5.1.8. That the applicant construct a multi-use pathway on Lot 25, Block 3, as
shown on the revised preliminary plat.
5.1.9. That one public street access, and no driveways, will be allowed to
Cherry Lane. Existing driveway(s) to Black Cat Road and Cherry Lane
may be utilized until the internal streets within the plat are constructed
DEVELOPMENT AGREEMENT (AZ 06-018) INCLINE VILLAGE SUBDIVISION
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and approved by the Transportation Authority (ACHD). At such time,
direct lot access to Cherry Lane and Black Cat Road shall be prohibited.
5.1.10. That the applicant shall be responsible for the payment of assessments
and the actual physical hook-up of the existing houses to municipal
services. The hook-ups shall be completed prior to Certificates of
Occupancy for each phase for which that house lies in. Lot 2 Block 4
shall be hooked to municipal services prior to Certificates of Occupancy
of the phase that connects to W. Cherry Lane.
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 5 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:
"Developer" and/or "Owner" consents upon default to the reversal ofthe 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",
DEVELOPMENT AGREEMENT <AZ 06-018) INCLINE VILLAGE SUBDIVISION
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fail to faithfully comply with all of the tenns and conditions included
in this Agreement in connection 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.
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 ofthe same with diligence and continuity.
DEVELOPMENT AGREEMENT (AZ 06-018) INCLINE VILLAGE SUBDIVISION
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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 of the 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".
15. ABIDE BY ALL CITY ORDINANCES: That "Developer" and/or "Owner"
agree to abide by all ordinances of the City of Meridian and the "Property" shall be subject to
de-annexation ifthe owner or his assigns, heirs, or successors shall not meet the conditions
contained in the Findings ofF act 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
Incline Village
1820 Mace Road
Eagle, ill 83616
DEVELOPMENT AGREEMENT (AZ 06-018) INCLINE VILLAGE SUBDIVISION
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OWNER:
Bob L. Kell, Shannon Smith and Phillip Smith
1820 Mace Road
Eagle, ill 83616
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 of this 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
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 of the 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
DEVELOPMENT AGREEMENT CAZ 06-018) INCLINE VILLAGE SUBDIVISION
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and reasonable discretion, had determined that "Developer" and/or "Owner" has fully
performed its obligations under this Agreement.
20. INVALID PROVISION: If any provision ofthis 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.
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 this
Agreement shall be binding upon the parties hereto unless reduced to writing and signed by
them or their successors in interest or their assigns, and pursuant, with respect to "City", to a
duly adopted ordinance or resolution of "City".
21.1 No condition governing the uses and/or conditions governing re-zoning ofthe
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.
DEVELOPMENT AGREEMENT (AZ 06-018) INCLIN
E SUBDIVISION
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OWNERS .. . d
# J/ttA
Bob L. Kell
CITY OF MERIDIAN
BY: ~~R
MAYOR TAM deWEERD
Attest:
8]Rli..L
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DEVELOPMENT AGREEMENT (AZ 06-018) INCLINE VILLAGE SUBDIVISION
PAGE 10 OF 14
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STATE OF IDAHO, )
: ss
County of Ada, )
On this /71.1.. day of ~~ , 2006, before me, the undersigned, a Notary
Public in and for said State, pers~ared />;11 L-I /' ;:r: 5' f'I/Iliti) :rJ€'. ,
known or identified to me to be the ~ of Incline Village, LLC,
acknowledged to me that he executed the same on behalf of said corporation.
~=I~~
Residing at: ~ ~ - . .~
My Commission Expires: 03 -07-f/
STATE OF IDAHO, )
: ss
County of Ada, )
On this ~.v~ day of ~....... s I , 2006, before me, the
undersigned, a Notary Public in and for said Stat , personally appeared Bob L. Kell, known
ot1aenti~ me to be the person who signed the instrument, and acknowledged to me that
he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
my official seal the day and year in this certificate first above written.
Notary Public for Idaho. 'M _ ..-..
R 'd' t1Imngat EIgIe._1U
eSl mg at: CGmmllilm.. 0iI0111012
My Commission Expires:
DEVELOPMENT AGREEMENT (AZ 06-0] 8) INCLINE VILLAGE SUBDIVISION
PAGE 11 OF 14
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STATE OF IDAHO, )
: ss
County of Ada, )
.1 ~ J-
On this .J.j c..- day of. 11"..57 , 2006, before me, the
undersigned, a Notary Public in and for said S te, personally appeared Shannon Smith,
known or identified to me to be the person who signed the instrument, and acknowledged to
me that he executed the same.
(SEAL)
STATE OF IDAHO, )
: ss
)
otary Public for Idaho
Residing at: n sa-
My Commission Expires:
Residing in ~ise,ID.-
My ComrTIlsslon Explres11f()612OO9
this day of , 2006, before me, the
undersigned, a Nota ublic in and for said State, personally appeared Phillip Smith, known
or identified to me to be person who signed the instrument, and acknowledged to me that
he executed the same.
IN WITNES HEREOF, I have hereunto set my hand and affixed
my official seal the day and year in this c ificate first above written.
(SEAL)
Notary Publi or Idaho
Residing at:
My Commission Ex
DEVELOPMENT AGREEMENT (AZ 06-018) INCLINE VILLAGE SUBDIVISION
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STATE OF IDAHO )
: ss
County of Ada )
On this 5*' day of Sep+OY'\ bta yo- , 2006, before me, a Notary
Public, personally appeared Tammy de Weerd and William G. Berg, Jr., 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.
........
......1/::~-!t:..... ,
(SpJ...L,/ ~ O:r "~~
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~)'.Ll m AI\.LVJ
otary Pubhc for Idaho
Residing at: Co...\n Il ~ I iO
Commission expires: ,01l-ll
DEVELOPMENT AGREEMENT (AZ 06-018) INCLINE VILLAGE SUBDIVISION
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Project:
Date:
10-05-125
February 9, 2006
INCLINE VILLAGE
ANNEXATION BOUNDARY
That portion of the Southeast 1/4 of Section 4, Township 3 North, Range 1 West, Boise Meridian, Ada
County, Idaho, and more particularly described as follows:
Commencing at the Southeast corner of Section 4; thence along the Southerly boundary of the
Southeast 1/4, North 89"17'10" West, 990.65 feet to the POINT OF BEGINNING;
thence continuing along said boundary, North 89" 17'10" West, 334.35 feet to the East 1/16 corner of
Section 4;
thence along the Westerly boundary of the East 1/2 of the Southeast 1/4 of said section,
North 00" 41'26" East, 1,475.33 feet;
thence South 89 "18'47" East, 793.86 feet;
thence South 00.37'43" West, 822.68 feet;
thence North 89"22'30" West, 461.44 feet;
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thence South 00" 36'00" West, 652.31 feet to the POINT OF BEGINNING.
Containing 20.006 acres, more or less.
END OF DESCRIPTION
Prepared by:
J-U-B ENGINEERS, Inc.
Ronald M. Hodge, P.L.S.
8~(~p~~VA? __
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j~ 1':';: I. tb
MERIDIAN PUBLIC
WORKS DEPT.
RMH/tlk:lhc
P:\GAL\10-0S-12S - Incline Village\10.0S.12S - Admin\Descriptions\10-0S-12S-Annex.doc
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CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF
LAW AND
DECISION & ORDER
RECEIVED
~JU '06 2006
, Meridian
C::U;rilltDt --. ~rk.~ce
I, ID,\HO !I'
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In the Matter of Annexation and Zoning of 20.01 acres from RUT (Ada County) to R-4
(Medium Low-Density Residential) AND Preliminary Plat approval of 64 single-family
residential building lots and 7 common lots on 20.01 acres, for Incline Village Subdivision,
by Incline Village, LLC.
Case No(s).: AZ-06-018 and PP-06-016
For the City Council Hearing Date of: June 27, 2006
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of June 27, 2006,
incorporated by reference)
2. Process Facts (see attached Staff Report for the hearing date of June 27, 2006,
incorporated by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of June 27,
2006, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the
hearing date of June 27, 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
Comprehensi VI:: PlliIl of Ule 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 ~
II-SA.
CITY OF MERIOIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASFNO(S) AZ-Oli.Ol!l/PP-Oli-Olli.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 ifthe 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 June 27,
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 9 11-5A and
based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby
ordered that:
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1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat
stamped February 8, 2006, by I.D.H Engineers, Inc., is hereby conditionally approved;
2. The following modifications to site specific conditions were made at the City Council
hearing:
a. Requiring a Development Agreement in which the applicant also agrees:
1. The number of building lots to be platted shall total not more than
61;
2. A muItt-use pathway shall be constructed on Lot 25, Block 3, as
shown on the revised preliminary plat.
3. The site specific and standard conditions of approval are as shown in the attached Staff
Report for the hearing date of June 27, 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,
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CTIY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ.06-018 I PP-06-016 - PAGE 2 of4
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E.
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 rcsubmission for preliminary plat approval. Upon written request
and tiled 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 final plat not to
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 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 II. 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.
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 lime;: ptrriud 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 Teal 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 seck a judicial review as provided by Chapter 52, Title 67, Idaho
Code.
Attached: Staff Report for the hearing date of June 27,2006.
F.
CITY Of MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-06-018 I PP-06-016 - PAGE 3 of 4
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By action of the City Council at its regltlar meeting held on the I / -I!::: day of
Jl~l1- ,2006.
VOTED~
VOTED~
VOTED ~
VOTBD~
COUNCIL MEMBER SHAUN WARDLE
COUNCIL MEMBER JOE BORTON
COUNCIL MEMBER CHARLIE ROUNTREE
COUNCIL MEMBER KEITH BIRD
TIE BREAKER
MAYORTAMMYde~ERD
VOTED
f
A trEST:
Copy served upon:
By: j<U.ClJ^(\ \" ~ L0
Clerk's Office
Dated: 1-\1-OV'
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-06-018 I PP-Q6-016 - PAGE 4 of4
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CITY OF MERIDIAN PLANNING DEPARTMENT STAfF R.EPORT FOR THE HEARING DATE OJ' JUNE 27, 2006
STAFF REPORT
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FROM:
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Hearing Date: 6/27/2006
Mayor & City COW1Ci!
C. Caleb Hood
Current Planning Manager
Meridian Planning Department
208.884-5533
SUBJECT:
Incline Village Subdivision
AZ~06-o 18
Annexation and Zoning of20.0l acres from RUT (Ada County) to
R-4 (Medium Low-Density Residential).
PP-06-0l6
Preliminary Plat approval of 64 single-family residential building lots and g
common lots on 20.01 acres in a proposed R-4 zone, by Incline Village, LLC.
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Incline Village, LLC, has applied for Annexation and Zoning (AZ) to R-4
(Medium Low~Density Residential) for 20.01 acres of property currently zoned RUT in Ada
County. The site is located on the north side of Cherry Lane, approximately 950 feet west of
Black Cat Road. Currently, there are thrcc single-family homes and associated outbuildings on
this site. All three of the existing homes are to remain on site, on proposed lots. The site is
composed of four tax parcels and has not been previously platted. The subject property is within
the Urban Service Planning Area.
2. SUMMARY RECOMMENDATION
The subject applications (AZ and PP) were submitted to the Planning Department for concurrent
review. Below, staff has provided B detailed BnBlysi~ and recommended conditions of approval
for the requested Annexation and Zoning and Preliminary Plat applications. Staff is
recommending aDDroval of the DroDosed Incline Villa2e Subdivision (AZ-06-0l8 and PP-06-(16)
with the conditions listed in Exhibit B of the StatI Reoort. The Meridian Planning: and Zoninl!
Commission heard the item on Mav 4. 2006. At the Dublic hearin2 thev moved to recommend
aDoroval.
a. Summary of Public Bearing:
i. In favor: Daren Fluke
ii. In opposition: Don Clower, Steve Cady, Brent Law
iii. Commenting: None
IV. Staff presenting application: Caleb Hood
v. Other staff commenting on application: Mike Cole
b. Key Issues of Discussion by Commission:
i. Location of multi-use pathway in this area and through this site.
c. Key CommissioD Changes to Staff Recommendation:
i. Accepted applicant's proposals for fencing type, limiting 3 lots to single-story
homes, and micro-path construction on this site. The Commission also
recommended approval of the revised preliminary plat dated April 19, 2006
(please see Exhibit B for all Commission changes).
d. Outstanding Issue(s) for City Council:
i. None.
Incline Village Subdivision AZ-06-018/PP-06-016
PAGE 1
CITY OF MERIDIAN PLANNINO DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 27, 2006
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3. PROPO~F.D MOTION (to be considered after the public hearing)
Approval
After considering all staff, applicant and public testimony, I move to approve File Numbers AZ,-
06.011~ and l'P-06~016 as presented in stafIreport for the hearing date of June 27,2006 with the
following modifications: (Add any proposed modifications.)
Denial
After considering all staff, applicant and public testimony, I move to deny File Numbers AZ-
06w018 and PP-06.016 as presented during the public hearing on June 27, 2006 for the
following reasons: (You should state specific reasons for denial of the aIUlexation and you must
lSlale specific reason(s) for the denial of the plat.)
Condnuance
I move to continue File Nwnbers AZ-06.018 and PP-06-016 to the hearing date of (insert
continued hearing date here) for the following reason(s): (You should state specific reason(s)
for continuance.)
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4. APPLICATION AND PROPERTY FACTS
a. Site AddresslLocation: 1947 & 1923 N. Black Cat Road. and 5136 W. Cherry Lane; north side
of Cherry Lane, approximately 950 feet west of Black Cat Road / 3Nl W 4
b. Owner:
Bob L. Kell, Shannon Smith, and Phillip Smith
1820 Mace Road
Eagle, ill 83616
c. Applicant:
Incline Village, LLC
1820 Mace Road
Eagle, ill 83616
d. Representative: Daren Fluke, J-U-B Engineers, Inc.
e. Present Zoning: RUT (Ada County)
f. Present Comprehensive Plan Designation; Low Density Residential
g. Description of Applicant's Request: The applicant is requesting concurrent approval for
Annexation and Zoning of the subject 20 acres to R4 and Preliminary Plat approval of 64
single-family buildable lots and 8 common lots. AIl of the homes within the development are
proposed to be single-family detached. There are 10 lots that are below the minimum 8.000
sauare foot minimum lot size of the proDosed R-4 zone. The average lot size in the proposed
development ill 10,200 square feet. TIle gross density of the project is 3.2 dwelling units per
acre. About one acre of the site is being set aside for open space.
1. Date ofprclimimuy phil (i1llal,;hed in Exhibit A): 2/8/06
2. Date oflandscape plan (attached in Exhibit A): 2/23/06 (revised 3-23-06)
h. Applicant's Statement/Justification: We believe that we have designed a viable, attractive
project that complies with the spirit and intent 0 the Meridian Comprehensive Plan and Zoning
.
Incline Village Subdivision AZ-06-018/PP-06-016
PAGE 2
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 27, 2006
Ordinance. We look fonvard to working with the city on this project (please see Applicant's
Submittal Letter fro more information.)
5, PROCESS FACTS
a. The subject application will in fact constitute an alUlexation 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 detennined 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 tbis matter.
c. Newspaper notifications published on: April3nl and 17u. 2006 (for P & Z COnmUssion
hearing) and June Sth and 19th, 2006 (for City Council hearing).
d. Radius notices mailed to properties within 300 feet on: March 24111,2006 (for P & z
Commission hearing) and June 2nd, 2006 (for City Council hearing).
e. Apjlicant posted notice on site by: April 1 0111, 2006 (for P & Z Commission hearing) and June
17 .2006 (for City Council hearing).
6, LAND USE
a. Existing Land Usc(s); There: are three single-family home and some associated outbuildings
on this site. The existing homes are to remain.
b. Description of Character of SUlTOunding Area: This area contains a mix of five-acre
parcels in Ada County, developing subdivisions in the City, and two churches. It is
anticipated that area to the west and south will not be able to develop in the City until sewer
service is available. This area is rapidly transitioning from rural to urban.
c. Adjacent Land Use and Zoning:
1. North: Single-family lots within Tumberry Subdivision, zoned R-4
2. East: Two churchtls, :wnoo L-Oj Sillgle-fiuuily homes on lar-ge parcels, zoned RUT
(Ada County)
3. South: Single-family homes on larg~ parcels, zoned RUT (Ada County)
4. West: Single-family homes and agriculture on large parcels, zoned RUT (Ada
County)
d. History of Previous Actions: None.
e. Existing Constraints and Opportunities:
1. Public Works:
Location of sewer: There is a sewer stub to this property from Tumberry
Subdivision to the north. and a sewer trunk in Black Cat Road.
Location of water: There is a water stub to this pmperty from Tumbeny
Subdivision to the north, and 12-inch main in W. Cherry Lane to the south.
Issues or concerns: The need for a sewer easement through the property to the
east of this to extend sewer service. Ability to provide sewer service to the
southernmost existing house.
Incline Village Subdivision AZ-06-018/PP-06-016
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CITY OF MERIDIAN PLANNlNG DEPARTMENT STAff REPORT FOR THE HEARING DATe OF JUNE 27, 2006
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2. Canals/Ditches Irrigation: The Stafford Sublatera1lies along the northern boundary
of this property. There appears to be other inigation ditches that traverse through this
site. All open irrigation ditches, laterals and canals, should be tiled when this property
develops.
3. Hazards: No hazards have been identified on this site.
4. Proposed Zoning:
5. Size of Property:
R-4 (Medium Low-Density Residential)
20.01 acres
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f. Subdivision Plat Information:
1. Residential Lots: 64
2. Non-residential Lots: 0
3. Total Building Lots: 64
4. Common Lots: 7
5. Other Lots: 1 (Nampa.Meridian Irrigation Well Lot)
6. Total Lots: 72
7. Gross Density: 3.2 units per acre (net density is 3.65 d.u./acre)
8. Minimum House Size: 1,400 square feet
g. Landscaping
1. Width of street buffer(s): Per UDC (Table ll-2A-4) a 25-foot wide landscape
buffer is required adjacent to arterial streets. Cherry Lane is a classified arterial
roadway. Street buffers are not required on any of the intemal,local streets.
2. Width ofbuffer(s) between land mes: N/A
3. Percentage of site as open space: 1.1 acres/S.5%
4. Other landscaping standards: Landscaping adjacent to multiuse pathways and
micropaths should generally comply with UDC 11-3B-12. Common open space lots
should include at least one deciduous shade tree per 8,000 square feet (UDC 11-3G-
3E2).
h. Amenities: Open space, micropath, and park lot.
i. Off-Street Parking: UDC 11-3C-6 requires single-family detached dwellings to have 2
enclosed parking spaces (a garage) and a 20' x 20' parking pad in front of each garage.
j. Proposed and Required Residential Standards:
Ed
Setbacks (in feet) Proposed
Front Living Area (to sidewalk) 15
Side Accessed Garage (to sidewalk) 15
Front Accessed Garage (to sidewalk) 20
~~ 5
Rear 15
Required
15
15
20
5
15
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Incline Village Subdivision AZ-06-018/PP-06-016
PAGE 4
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CITY OF MERIDIAN PLANNING DEPARlMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 27, 2006
Frontage
60
60
Lot Size 7,242'" 8,000
* All buildable lots must be at least 8,000 square feet.
k. Proposed and Required Non-Residential: N/A
1. Summary of Proposed Streets and/or Access: Access to the two northernmost homes
is currently provided from a private access easement to/from Black Cat Road. The existing
home to remain near Cherry Lane currently takes access to Cherry Lane. The applicant is
proposing to remove these existing accesses and provide access to all of the dwellings within
this development via internal public streets. For this development, the applicant is proposing to
construct a new public street access to Cherry Lane (powder Way), and extend O'Conner
Avenue into the site from the north. All of the internal streets are local streets with 36-feet
wide street sections (measW'ed back of cW'b to back of curb) and contain 5.[00t wide attached
sidewalks. The applicant is proposing to provide two stub streets, one to each of the
undeveloped properties to the east and west. Staff is generally supportive of the proposed
street system. ACHD has not submitted comments and conditions back to the City for this
project. However, City Staff has spoken with ACHD staff about this proj ect and does not
believe that there are any significant changes to the plat that will be required from the District.
ACHO's conditions will be included in Exhibit B once they are received by the City (prior to
Council).
7. COMMENTS MEETING
On March 31,2006, a joint agency and departments meeting was held with service providers in
this area. The agencies and departments present include: Meridian Fire Department, Meridian
Parks Department, Meridian Public Works Department, Meridian Police Department, and the
Sanitary Services Company. Staff has included comments, conditions and recommended actions
in Exhibit B below.
8. COMPREHENSIVE PLAN POLICIES AND GOALS
This property is designated "Low Density Residential" on the Comprehensive Plan Furore Land
Use Map. Low density residential areas are anticipated to contain up to three dwellings per acre
(see Page 95 of the Comprehensive Plan-) The proposed Preliminary Plat inc1ncles 64 single-
family lots on 20.01 acres for a gross density of 3.2 dwelling units/acre. The proposed density is
above the anticipated density for this area. Staff is recommendinl! that the applicant remove at
least three of the Droposed lots. so the density of this develooment comDJies with the
ComDrehensive Plan.
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 VII, Goal m, Objective A, Action 1 - 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 .}ewer and water service will be extlmded to the project at the developer's
expense.
Inoline Village Subdivision AZ-06-018IPP-06-016
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF ruNE 27, 2006
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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.
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Municipal, fee-supported, services will be pravided 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 IT, Objective A, Action 3 - Consider "Accommodating Bicycle and Pedestrian
Travel: A Recommended Approach" from the National Center for Bicycling and Walking in all
land-use decisions.
This publication encourages jurisdictions to establish bikeway and walkway facilities in new
construction and reconstruction projects, in a manner that is safe, accessible and convenient.
Staff believes that the subject applications comply with the policies listed in the literature noted
above.
Chapter VI, Goal IT, Objective A, Action 6 - Require street cOlUlections between subdivisions at
regular intervals to enhance connectivity and better traffic flow.
Tile ~ubmitted preliminary plat proposes to e.x.tefld tile one stub street currently provided to this
property from the north (0 'Conner Avenue). In addition, two stub streets are being proposed to
the eastern and western parcels that are curren#v zoned in Ada County RUT, which staff
anticipates will re-develop in the near fUture. Staff believes that the applicant has done a nice job
of connecting and extending the existing stub street as well as providing for future connectivity to
the east and west.
Chapter VI, Goal II, Objective A, Action 13 - Review new development for appropriate
opportunities to connect to local roads and collectors in adjacent developments.
See analysis above.
Chapter Vil, Goal I, Objective D, Action 9 - Require new residential development to provide
pennanent perimeter fencing to contain construction debris on site and prevent windblown debris
from entering adjacent agricultural and other properties.
The applicant is proposing to construct a six-foot tall closed fence around the boundary of this
development. Including adjacent to Cherry Lane. Prior to house constnu.:tion. fencing should be
constructed around the perimeter of this site. See Analysis below and Exhibit B for more
Incline ViI1a.gc Subdivision AZ-06-018/PP-06-016
PAGE ti
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF ruNE 27,2006
information.
Chapter VI, Goal II, Objective A, Action 5 - Require pedestrian access connectors in all new
development to link subdivisions together to promote neighborhood connectivity as part of a
community pathway system.
The applicant is proposing to construct five-foot wide sidewalks adjacent to all of the proposed
streets, which connect to adjacent properties. The applicant is also proposing to construct a
micro path so the lots in the northern portion of this development have easy access to the
proposed park area. Staffis supportive of the proposed pedestrian connections.
Chapter VD, Goal IV, Objective C, Action 6 - Require pedestrian access in all new development
to link subdivisions together and promote neighborhood connectivity.
See above.
Chapter VD, Goal IV, Objective D, Action 2 - Restrict curb cuts and access points on collectors
and arterial streets.
The existing access to Cherry Lane, an arterial street, should be removed. The new public street
connection to Cherry Lane, has been reviewed and approved by ACHD. City Staff is also
supportive of the location Qf Powder Way; no additional access points to Cherry Lane should be
allowed.
Chapter VII, Goal IV, Objective C, Action 1 . Protect existing residential properties frOlll
incompatible land use development on adjacent parcels.
The applicant is proposing a residential zone. Staff finds that the exzstmg single-family
residential properties to the north, south, east and west, as well as the churches to the east, are
compatible with the proposed development.
Chapter vn, Goal I, Objective n, Action R - Require new urban density subdivisions which abut
or are proximal to existing low density residential land uses to provide landscaped screening or
transitional densities with larger, more comparable lot sizes to buffer the interface between urban
level densities and rural residential densities.
Staff recognizes that there are some existing low density residential land 71SP.... tf) the ea...t and
west. The applicant is proposing to construct a six-foot tall privacy fence around this
development to screen this subdivision from the larger parcels. Further, most of the larger lots in
the subdivision are on the perimeter of the development, providing a transition from the large
county parcels to the internal 8,000 square-foot lots. Staff finds that the proposed fencing should
provide enough screening between the proposed urban development and the nlral residences
surrounding it. Staff recommends that the Commission and Council rely on any written or verbal
testimony provided from neighbors when determining if additional screening or more transition
in density is appropriate.
Chapter Vll, Goal IV, Objective C, Action 10 - Support a variety ofresidential categories (low-,
medium-, and high~density single family, multi-family, townhouses, duplexes, apartments,
condominiwns, etc.) for the purpose of providing the City with a range of affordable housing
opportunities.
Incline Village Subdivision AZ-06-018IPP-06-016
PAGE 7
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CITY OF M~KlDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 27, 2006
The subject application includes a request for the R-4 zone. Turnberry Subdivision to the north
obtained an R-4 zone. The LDS church and the 1'1 Day Adventist Church obtained L-O zoning.
StaJffinds that the requested zoning designation contributes to the variety of residential zoning
categories in this area and is generally consistent with the Comprehensive Plan designation for
this site.
Staff believes that if at least three buildable lots are removed (providing a gross density of 3.05
dwellings/acre), the density and zoning for this property would be appropriate. Staff recommends that
the Commission and Council rely on any verbal or written testimony that may be provided at the public
h~aring 'when determining if the applicant's zoning and development request. is appropriate for this
property.
9. UNIFIED DEVELOPMENT CODE
a. Schedule of Uses: Unified Development Code (UDC) 11-2-1 lists single-family detached
homes as permitted uses in the R-4 zoning district.
b. Pwpose Statement of Zone:
R4 Mediwn Low-Density Residential: The purpose of the residential districts is to
provide for a range of housing opportunities consistent with the Meridian Comprehensive
Plan. COIUlection 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 p~r acre a.nd corresponding housing types that ean be accommodated
within the density range.
c. General Standards: As lUl;:uliOlled above, there are ten lots that do not conform to the
minimwn lot size requirement of the R-4 zone. All of the proposed lots comply with the
standard street frontage requirements of the R-4 zone established in the UDC. No dimensional
modifications are being requested for the proposed development. Therefore, the applicant must
meet all dimensional standards.
10. ANALYSIS
a. Analysis of Facts Leading to StatIReconunendation:
1. AZ Application; Based on the policies and goals contained in the Comprehensive
Plan, staff believes that the requested R-4 zone is appropriate for this property. Please
see Exhibit D for detailed analysis of the required facts and findings fur- annexation.
The aIUlexation legal description submitted with the llpplication (stamped on February
9,2006 by Ronald M. Hodge, PLS) shows the property as contiguous to the existing
corporate boundary of the City of Meridian.
Incline Vi1111gC Subdivision AZ-06-018/PP-06-016
PAGE 8
CITY OF MERIDlAN PLANNING DEPARTMENT STAFf REPORT FOR THE HEARING DATE OF JUNE 27, 2006
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Special Considerations:
Develooment Ae:reement: UDC 11-5B-3.D.2 and Idaho Code ~ 65-671lA
provides the City the authority to require a prupe;:rty owner to enter into a
Development Agreement (DA) with the City that may require some written
commitment for all future uses. Staff believes that a DA is necessary to ~Pl'iwe
that this DrQDertv is developed in a fashion that is consistent with the
comDrehensive Dlan desillrultion and does not nee:ativelv impact nearbv
oroperties.
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Prior to the annexation ordinance approval, a Development Agreement (DA)
shall be entered into between the City of Meridian, property owner (at the time of
aJUlexation ordinance adoption), and the developer. The applicant shall contact
the City Attornev. Bill Nary. at 888-4433 to initiate this process. The DA shall
incorporate the following:
. That all future uses shall not involve uscs, 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.
. That all future development of the subject property shall be constructed
in accordance with City of Meridian ordinance;:s in e;:ffe;:!;t at the tunc: of
development.
. That the applicant will be responsihle for all costs associated with the
sewer and water service extension.
. 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.
. That the following shall be the only allowed uses on this properly:
single-family detached homes and allowed accessory uses of the R4
zone.
. That a maximum of 61 single-family building lots shall be platted on this
property.
. That prior to iflfluance of any building pennit, the subject property be
subdivided in accordance with the City of Meridian Unified
Development Code.
. That the 8DOlicant construct a multi-use oathwav on Lot 25. Block 3.
as shown on the revised orelimin8rv nlat.
. That one public street access, and no driveways, will be allowed to
Cherry Lane. Existing driveway(s) to Black Cat Road and Cherry Lane
may be utilized until the internal streets within the plat are constructed
and approved by the Transportation Authority (ACHD). At such time,
direct lot access to Cherry Lane and Black Cat Road shall be prohibited.
. That the applicant shall be responsible for the payment of assessments
and the actual physical hook-up of the existing houses to the municipal
services. The hook-ups shall be completed prior to Certificates of
Occupancy for each phase for which that house lies in. Lot 2 Block 4
shall be hooked to municipal selVices prior to Certificates of Occupancy
of the phase that connects to W. Cherry Lane;:.
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Incline Village Subdivision AZ-06-01 gfPP-06-016
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CITY OF MERIDIAN PLANNING DEPARTMENT STA.Ff REPORT FOR THE HEARING DATE OF JUNE 27,2006
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2.
PP Application: The proposed preliminary plat substantially complies with the
Unified Development Code.
Special Considerations:
Densitv: As noted previously in this report, this area is designated for low density
residential uses. Low density residential is defmed as up to three dwelling units per
acre. The submitted plat has a gross density of 3.2 dwelling units per acre. There are
existing rural lots to the east, west and south of this site. Therefore, staff is
recommending that at least three lots: Lot 3, Block 1, Lot 8, Block 2, and at least one
lot in Block 3 be removed. This will place the density of the development at 3.05
dwelling units per acre, consistent with the Comprehensive Plan.
The Meridian Police Department has commented that Lot 8, Block 2, creates a
residence that will be isolated from their surrounding neighbors. Such areas have an
increased crime potential. The applicant should work with Lt. Bob Stowe to revise the
plat/site plan such that the houses/dwelling units in the general area are oriented
toward one another and encourage interaction between more neighbors (See Exhibit
B). Staff believes that the only way this comment can be complied with is if Lot 8,
Block 2 is removed.
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Multi-Use Pathway: The Parks Department has conunented that they need a multi-
use pathway through this site. The Parks Department has given the applicant several
options for location of said pathway. Said pathway shall be 10.feet wide and
constructed to either tie in with the sidewalk on Black Cat Road or Cherry Lane, and
continue on to the west property line. If constructed from Black Cat Road, the
applicant shall use the existing access easement between the LDS church and the 7th
Day Adventist Ch\U'Ch to the western boundary, OR construct a lO-foot wide multi-
use pathway from Black Cat Road using the existing access easement to the first street
in development, then north to Safford Lateral (as a 5-foot wide sidewalk), then west
along Safford Lateral (if allowed by Settlers' Irrigation District) to west boundary, OR
construct a 10-foot wide multi-use pathway from Black Cat Road into the site using
the existing access easement to the fIrst street in the development, then north across
the Safford Lateral (as a 5-foot wide sidewalk) to tie into the sidewalk in Turnberry
Subdivision. If constructed from Cherry Lane, the applicant shall construct the
pathway on the west side of Powder Way (in lieu of concrete sidewalk: if allowed by
ACHD) to th~ Marcum pl'OpClty (parcel No. 91204438650).
Landscaning: The landscape plan prepared by Jensen Belts, Associates, on 2-23-06
(revised 3-23-06), labeled Sheet #L-l is approved with the following
modifications/notes:
. Construct a 2S-foot wide street buffer along Cherry Lam:, t:xclusive of ACHD
right-of-way. Said buffer should be constructed in accordance with UDC 11-
3B-7.
. Per UDC 11-3G.3A, set aside at least 5% (l acre) ofthe site for useable open
space.
. IncoJporate Lot 3, Block 1, into the common park area, Lot 2, Block 1.
. Place landscaping, as allowed by the Public Works Department, within Lot
25, Block 3.
.
Incline Village Subdivision AZ.06.0 18/PP-06-0 16
PAGE 10
CITY Qt. MbKlDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE Of JUNE 27, 2006
.
. Per UDC 11-3G-3El, at least one deciduous shade tree per every 8,000 square
feet of common open space should be planted, and common areas should be
improved with lawn, either seed or sod.
. Per UDC 1l.3B.1O, the applicant should work with the City Arborist, Elroy
Huff, on designing, adopting, lllld implementing a protection and mitigation
plan for the existing trees on site.
. Maintain at least a 5-foot wide landscape strip on both sides of the proposed
micropath on Lot 20, Block 2, and the Parks Department required multi-use
pathway, and construct trees at a rate of 1 tree per ever 35 linear feet.
. A written certificate of completion should be prepared by lht: lanulSl,;i1pl:
architect, designer, or qualified nurseryman responsible for the landscape
plan. All st.andard.. of in !\tal1ation !\hould apply as listed in UDC 11-3B-14.
Submit copies of a revised landscape plan, reflecting the changes/notes mentioned
above, with the tinal plat application(s).
.
Access: Access to this site is currently provided from Cherry Lane and a private street
to Black Cat Road. Except for the proposed public street, Powder Way, direct lot
access to Cherry Lane and Black Cat Road should be prohibited; place a note on the
final plat. The applicant should abandon any vehicular access interest this property has
in the private street easement to Black Cat Road. Staff reconunends that prior to
signature of the fmul plut by the City Engineer, the applicant be required to submit a
copy of a recorded document, a release of dominant parcel interest, for the interest that
the subject parcels have in the private street (coordinate the drafting oftrus document
with the City's Legal Department.)
Stub Streets: TIle applicant should be requited to provide public stub streets to the
Cady property to the east (Parcel #S1204449100) and the Marcum property to the
west (parcel #S1204438700) as proposed.
ExistinlZ Residences/Buildine:s: The site currently contains multiple buildings. All
existing buildings to remain shall be luci1ted/re-locatcd in accordance with the
building setbacks of the R-4 zone, prior to signature of the final plat by the City
Engineer.
Fencing: The applicant is proposing to construct 6-foot solid fencing along the entire
perimeter of the site. A detailed fencing plan should be submitted upon application of
the final plat. If permanent fencing is not provided before issuance of a building
pennit, temporary construction fencing to contain debris must be installed around the
perimeter. Perimeter, common open space, and micro-path /multi-use fencing shall be
designed according to UDC 11.3A-7.
Conunon Areas: Maintenance of all conunon areas shall be the responsibility of the
Incline Village Home Owners' Association.
Ditches. Laterals. and Canals: Per UDC 11-3A.-6 all irrigation ditches, laterals or
canals, including the Safford Sublateral, but exclusive of any natural waterway, that
intersect, cross or lie within the area being subdivided shall be covered.
Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems
.
incline Village Subdivision AZ-06-0 18/pp-06-0t 6
PAGF It
.
.
.
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 27, 2006
be supplied by a year-round source of water. 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 used, 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. An underground, pressurized irrigation system should be installed to all
landscape areas per the approved specifications and in accordance with UDC 1l-3A~
15 and MCC 9-1-28.
b. Staff Recommendation: Staff recommeads aoproval of the subject apolications AZ-06-
018 and PP-06-016. with the conditions listed in Exhibit B of the Staff Report for the
heariDe date of June 27. 2006.
11. EXHIBITS
A. Drawings
1. Preliminary Plat (dated: 2-8-06, revised 4-19606)
2. Landscape Plan (dated: 2-23-06, revised 3623606)
B. Conditions of Approval
1. Planning Department
2. Public Works Department
3. Fire Department
4. Police Department
S. Parks Department
6. Sanitary Service Company
7. Ada County Highway District
8. Central District Healdl Dep811ment
C. Legal Description
D. Required Findings from Unified Development Code
Incline Village Subdivision AZ.06.0 18/PP.06.0 16
PAOE12
CIIT 01" MERIDIAN PLANNING DEPARlMENT STAFF REPORT FOR THE HEARING DATE Of' JUNE 27, 2006
.
A. Drawings
1. Preliminary Plat (Revised 4-19-06)
.
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CITY OF MERIDIAN PLANNiNG DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 27, 2006
Landscape Plan (dated 2-23-06, revised 3-23-06)
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.
CiTY OF MERIDIAN PLANNING Df:PARTMfNT STAFF RePORT fOR TIII3 I mARINO DATE OF JUNE 27, 2006
B. Conditions of Approval
1. Planning Department
1.1 SITE SPECIFIC REQUIREMENTS-PRELIMINARY PLAT (PP-06..o16)
1.1.1
1.1.2
.
The preliminary plat labeled as Sheet I of 3, prepared by J-U-B Engineers, Inc., dated April 19,
2006, is approved, with the conditions listed herein. All comments and conditions of the
accompanying Annexation and Zoning (AZ-06-018) application shall also be considered
conditions of the Preliminary Plat (PP-06-0l6)
The landscape plan prepared by Jensen Belts, Associates, on 2-23..06 (revised 3-23-06), labeled
Sheet #LI-l is approved with the following modifications/notes:
. Construct a 25.foot wide street buffer along Cherry Lane, exclusive ot' ACHD
right-of-way. Said buffer should be constructed in accordance with UDC 11-
3D-?
· Per UDC ll-3G-3A, set aside at least 5% (1 acre) of the site for useable open
space.
· Place landscaping, as allowed by the Public Works Department, within Lot
25, Block 3.
. Per UDC 11-3G-3El, at least one deciduous shade tree per every 8,000 square
feet of common open space should be planted, and common areas should be
improved with lawn, either seed or sod.
. Per UDC 11-3B-I0, the applicant should work with the City Arborist, Elroy
Huff, on designing, adopting, and implementing a protection and mitigation
plan for the existing trees on site.
. Maintain at least a 5.foot wide landscape strip on both sides of the proposed
micropath on Lot 20, Block 2, and thc Parks Department required multi-use
pathway, and construct trees at a rate of 1 tree per ever 35 linear feet.
. A written certificate of completion should be prepared by the landscape
architect, designer, or qualified nurseryman responsible for the landscape
plan. All standards of installation should apply as listed in UDC ll-3B-14.
Where the applicant has submitted a preliminary landscape plan and where staff has reviewed
such plan, the landscaping l;hall be consistent with the preliminary plan with modifications as
proposed by staff. The proceeding modifications and notes should be shown on a revised
landscape plan submitted with the fmal plat application(s).
1.1.3 All lots within the development shall confonn to the dimensional standards of the proposed R4
zone, including a minimum 8,000 square foot lot Sli:ze. At least 10 dayS prior to the City Council
hearing, submit 10 full size and one 8.5" x 11" copy of the revised preliminary plat that depicts
all changes requested by the Commission.
1.1.4 Place a note on the face of the final plat that prohibits direct lot access to Cherry Lane and Black
Cat Road.
1.1.5 Prior to signature of the fmal plat by the City Engineer, the applicant shall submit a copy of a
recorded docwnent, a release of dominant parcel interest, for the interest that the subject parcels
have in the private street easement to Black Cat Road (coordinate the drafting of this docwnent
with the City's Legal Department.)
.
Exhibit B - Page 2
CITY OF MERIDIAN I'LANNIN<i VtfARTMENT STAFF RE;PORT fOR THE HEARING DATE OF JUNE 27, 2006
.
1.1.6 Provide public stub stn:ets to the Cady property to the east (Parcel #S1204449l00) and the
Marcum property to the west (parcel #81204438700) as proposed.
1.1.7 All buildings that span across proposed lot lines, or do not conform to the dimensional standards
(setbacks, height, etc.) of the tIDe shall be removed, relocated or made to conform to city code,
prior to signature of the final plat by the City Engineer. The accessory structures on Lot 10, Block
2, Lot 3 and 4, Block 4, and Lots 11 and 12, Block 3 shall be removed prior to the signature of the
[mal plat by the City Engineer.
1.1.8 Provide a 6.foot tall solid fence around the perimeter of the development, as propo$ed. Vinyl
fencing shall be installed adjacent to the Cady's property (adjacent to Blocks 3 and 4). A detailed
fencing plan shall be submitted upon application of the fmal plat. If permanent fencing is not
provided before issuance of a building permit, temporary construction fencing to contain debris
must be installed around the perimeter. Perimeter, common open space, and micro-path fencing
shall bt.: dt.::sigued according to UDC 11-3A-7.
1.1.9 The applicant shall constroct a minimum 10-foot wide multi-use pathway on this site. The multi-
use pathway shall be constructed in accordance with the Meridian Park Department's
requirements. The pathway must cOMect from one major arterial to another, and either an
easement or ownership deed must be granted before the city willl1:SSWI1t.: lhe maintenance of any
section of pathway.
1.1.10 Maintenance of all common areas shall be the responsibility of the Incline Village Home Owners'
Association.
.
1.1.11 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, including the Safford Sublateral, but
exclusive of any natural waterway, that intersect, cross or lie within the area being subdivided
shall be covered. 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 fmal plat signature.
1.1.12 Underground, pressurized irrigation must be provided to all lots within this development.
1.1.13 The future homes on Lots 5, 6 and 7, Block 3, shall be limited to a single-story. Bonus rooms
shall be allowed on the subject lots, but no south facing windows are permitted.
1.2 GENERAL REQUIREMENTS-PRELIMINARY PLAT (pP-06-016)
1.2.1 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 flna1 plat application(s).
1.2.2 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision
pursuantto UDC 11~3A-17.
.
1.2.3 All areas approved as open space shall be free of wet ponds or other such nuisances. All
stormwater detention facilities incurpurl1led 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 pennitted under UDC 11-3B.
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
Eliliibit D - Page 2
.
.
.
CITY 01" MERIDIAN PLANNING DEP ARlMENT STAFF REPORT t'OR THE HEARING VA TE OF JUNE 27, 2006
proposed by staff. If the stormwater detention facility caMot be incorporated into the approved
open space and still meet the standards ofUDC 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.
1.2.4
Coordinate flre hydrant placement with the City of Meridian Public Works Department.
1.2.5
Staff's failure to cite specific ordinance provisions or terms of the approved annexation and
conditional use does not relieve the applicant of responsibility for compliance.
1.2.6
Preliminary plat approval shall be subject to the expiration provisions set forth in UDC ll-6B-7.
2. Public Works Department
Sanitary sewer service to this development is being proposed via extension of mains located in
Tumberry Subdivision and tnmks in Black Cat Road. The applicant shall install mains to and
through this dt:vdopmt:nl, coordinalt: main si<t.t: llIld rouling wiLh Lht: Public Works Depa1tment,
and execute standard forms of easements for any mains that are required to provide service.
Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than
three feet than alternate materials shall be used in conformance of City of Meridian Public Works
Departments Standard Specifications.
Sub-standard grade shall be allowed on the off-site sewer of no less than 0.30%.
Prior to construction plan approval the applicant shall submit an executed easement for the sewer
being proposed through. the property to the east. The easement shall include Public Works
standard language (supplied by Public Works), a legal description, which must include the area of
the easement (marked EXlDBIT A) and an 8-1/2" x 11" map with bearings and distances
(marked EXlllBIT B) for review. Both exhibits must be signed by the property owner granting
the easement, and sealed, signed and dated by a Professional Land SurveyoT_
Any sewer mains not located in the right-of-way shall have a 14-foot wide all weather access
road, built to Meridians Standard Specifications, placed over the sewer main to facilitate cleaning
and maintenance of the sewer system and its appurtenances.
2.5 Water service to this site is being proposed via extension of mains in Tumberry Subdivi~ion_ The
applicant shall be responsible to install water mains to and through this development, including
connecting to the l2-inch main in W. Cherry Lane, coordinate main size and routing with Public
Works. The applicant shall execute Meridian's standard fonn of easements tor any mains that are
required to provide service.
2.6 Any potential reimbursement agreements must comply with all requirements otTity Code 9-1-13
and 94-19, which includes the preliminary agreement (which includes footage, size, and depth of
reimbursable pipe) being ftnalized prior to construction plan approval. The detailed agreement
with the reimbursable amount shall be approved by Council prior to plat signature.
2.1
2.2
2.3
2.4
2.7 The applicant has not indicated who will own and openate the pressure irrigation system in this
proposed development. If it is to be maintained as a private system, 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 final plat signature on the last phase of this project.
If it is to be owned and maintained by an Irrigation District then evidence of a license agreement
shall be submitted prior to scheduling of a pre-construction meeting.
Ellhibit B - Page 2
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.
CITY OF MERlDIAN PLANNING DEPARlMBNT STAFF REPORT FOR THE HEARING DATE OF JUNE 27, 2006
2.8 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water (UDC 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 sOUJ'ee 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 responsihle fOT the payment of assessments fOT the common areas prior to
signature on the final plat by the City Engineer.
2.9 The applicant shall be responsible for the payment of assessments and the actual physical hook-
up of the existing houses to the municipal services. If the house on Lot 2 Block 4 cannot gravity
to the proposed mains, a single grinder pump shall be installed. No other lift stations shall be
allowed for this development.
2.10 The following lots do not meet the required minimwn lot size of 8,000 square feet for the R.4
zone. The applicant shall revise the plat so all lots meet minimum frontage and square footage.
a.) Lot 2, Block 2.
b.) Lots 4, 5, 8, 13,20,21, and 22, Block 3.
2.11 All existing stIUctures spanning proposed lot lines or not meeting the new setbacks shall be
removed prior to signature on the fInal plat by the City Engineer.
2.12 Meridian Public Works specifications do not allow any large landscaping within a five foot radius
of water meters. The applicant shall make the necessary adjustments to achieve this separation
requirement and comply with all landscape requirements.
2.13 Any existing domestic wells and/or septic systems within this project shall be removed from
domestic service per City Ordinance Section 9-14 and 94-8. Wells may be used for non-
domestic purposes such as landscape irrigation.
2.14 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 11-3A-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 thc 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.
2.15 The applicant has not indicated how the storm drainage from the proposed parking lots associated
with the attached units will be disposed. A drainage plan designed by a State of Idaho licensed
architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91)
for all off-street parking areas. Storm water treatment and disposal shall be designed in
accordance with Department of EnvirODIm:nlal Qualily 1997 publication Catalog of Stann Water
Best Management Practices for Idaho Cities and COWlties and City of Meridian standards and
policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has
authority over the receiving stream provides written authorization prior to development plan
approval. The applicant is responsible for filing all necessary applications with the Idaho
Department of Water Resources regarding Shallow Injection Wells.
2.16 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 COWlty Highway District and the Final
Plat for this subdivision shall be recorded, prior to applying for building pennits.
2.17 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_
2.18 All development improvements, including but not limited to sewer, fencing, micro-paths,
Exhibit B - Page 2
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.
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE Or: JUNTI 27,2006
pressurized irrigation and landscaping shall be installed and approved prior to obtaining
certificates of occupancy.
2.19 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 final plat
per Resolution 02-374.
2.20 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.
2.21 Applicant shall be responsible for application and compliance with and NPDES Permitting that
may be required by the Environmental Protection Agency.
2.22 Applicant shall be responsible for application and compliance with any Section 404 Permitting
that may be required by the Anny Corps of Engineers.
2.23 Developer shall coordinate mailbox locations with the Meridian Post Office.
2.24 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.
2.25 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. TIlls is to ensure that the bottom
elevation of the crawl spaces of homes is at least 1.foot above.
2.26 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
dctcnnined 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.
2.27 No manholes or water valves are allowed within roundabouts. If utility lines run under the
roundabouts then trees shall be prohibited.
3. Fire Department
3.1 One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for
duration of 2 hows to service:: the:; c:ntirc: project. Fire hydrants shall be placed an average of 500 feet
apart. International Fire Code Appendix C.
3.2 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.
3.3 Final Approval of the fITe hydrant locations shall be by the Meridian Fire Department.
a. Fire Hydrants shall have the 4 '12" 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 comers when spacing permits.
e. Fire hydrants shall not have any vertical obstrnctions 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 IFC 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.
Exhibit B - Page 2
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.
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CITY Ol' MERIDiAN PLANNING DEPARTMENT STAFf R.BPORT fOR THE HI3ARING DATE OF ruNE 27, 2006
3.4
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. CuI-de-sacs require a
96-foot radius.
3.5
All entrance and internal roads and alleys shall have a tumin2 radius of28' inside and 48' outside
radius.
3.6
Operational rue hydrants, temporary or permanent street signs and access roads with an all
weather surface are required before combustible construction is brought on site.
3.7
The proposed 64-10t subdivision with an estimated 2.9 residents per household would have a total
estimated population of 186 residents at build out.
3.8
The fire department requests that any future signalization installed as the result of the
dcvelopmont 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.
3.9
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
measW'ed 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 distance requirement shall be 600 feet (183).
For Group R.3 and Group U occupancies, the distance requirement shall be 600 feet (183
m).
For buildings equipped throughout with an approved automatic spriDkler system installed in
accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet
(183 m).
4. Pollee Department
4.1 Any interior fencing next to common open space shall allow visibility from the street or shall not
exceed four feet in height if solid fencing is used.
4.2 Lot 8, Block 2, creates a residence that will be isolated from their surrounding neighbors. Such
areas have an increased crime potential. The applicant shall work with the Police Chief and/or
Planning Staff to revise the plat/site plan such that the houses/dwelling units in the general area
are oriented toward one another and encourage interaction between more neighbors. The plat/site
plan shall be revised in accord with those discussions.
5. Parks Department
5.1 Standard for Mitigation of trees: The standard established in the City of Meridian Landscape
Ordinance will be followed.
5.2 Standard Plan for Protection of Existing Trees during Construction: The standard established in
tht:: City of Meridian Landscape Ordinance will be followed.
Exhibit B - Pllge 2
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CITY OF ME;RIDIAN PLANNINO DEPARTMENT STAFF REPORT FOR THE HEARlNG DATE OF JUNE 27, 2006
5.3
Pathway and Trail standards: The applicant should be required to constrnct a lO-foot wide multi-
use pathway through this site from either Black Cat Road or Cherry Lane. The required pathway
and/or trail shall be constructed in accordance with the Meridian Park Department's
requirements.
S.4 Standard for City to assume Maintenance of a section of Pathway: The pathway must COImect
from one major arterial to another, and either an easement or ownership deed must be granted
before the city will assume the maintenance of any section of pathway.
6. Sanitary Service Company
6.1 sse has no comments related to this application.
7. Ada County Highway District
Site Soecific Conditions of Approval
1. Construct the site's access intersecting Cherry Lane approximately 143-feet east of the west
property line, as proposed.
2. Construct sidewalk in compliance with District policy along Cherry Lane located a minimum of
41-feet from the centerline of the roadway.
3.
Dedicate 48-feet of right .of-way from the centerline of Cherry Lane abutting the parcel by means
of a warranty deed. The right-of-way purchase and sale agreement and deed must be completed
and signed by the applicant prior to scheduling the fmal plat for signature by the ACHD
Commission or prior to issuance of a building permit (or other required permits), whichever
OCCUJ1l rust. Allow up to 30 business days to process the right-of-way dedication after receipt of
all requested material. The owner will be paid the fair market value of the right-of-way dedicated
which is an addition to existing ACHD right-of-way if the owner submits a letter of application to
the impact fee administrator prior to breaking ground, in accordance with the ACHD Ordinance
in effect at that timt= (currmLly Onlinanw #200), if fmuls are i:tvailable.
4. Extend 0' Connor Avenue to the north (with Tumberry #2 Subdivision), as proposed. Consult
District staff regarding the utilization of the road trust deposit funds set aside from Turnberry #2
for the cost of piping and paving over the Safford Sublateral where O'Conner Street connects.
5. Construct one new stub street to the east from W. Cornice Street located approximately 370-feet
nort.h of the flouth property line; and one new stub street to the west from W. Cornice Street
located approximately 370-feet north of the south property line, as proposed.
6. Provide traffic calming along N. Powder Way (i.e. chokers, bulb-outs, traffic circles, etc.). The
applicant should coordinate the location and design of the traffic calming devices with District
Traffic Services staff.
7. Construct internal streets as 36-foot street sections with curb, gutter, and 5-foot attached concrete
sidewalks within 50-feet of right-of-way.
8. Comply with all Standard Conditions of Approval.
Exhibit B Page 2
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT POR THE HEARING DATE OF JUNE 27, 2006
Standard Conditions of A,pvroval
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, gulla amI skll:walk and any that lllay 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'f; Utility Coordinator at 387-6258 (with f1le 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
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 permit
(or other required pennits), 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 (l-800~342-1585) at least two full business days
prior to breuking gruwld within ACHD right-of-way. The applicant shall contact ACHD Traffic
Operations 387-6190 in the event any AClID 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 authori:t:I:U representative aud 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 subject. of this
application, shall require the applicant to comply with all rules, regulations, ordinances, plans, ur
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 eet property unless
Exhibit 8 - Page 2
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CITY Of MERIDIAN PLANNING DEPARTMENT STAFP REPORT FOR THE HEARING DATE OF JUNE 27, 2006
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. Central District Health Department
8.1 After written approval from appropriate entities are submitted, we can approve this proposal for
central sewage and central water.
8.2 The following plans must be submitted to and approved by the Idaho Department of Health &
welfare, Division of Environmental Quality: ccntral scwage and central water.
8.3 R\ln~off is not to create a mosquito breeding problem.
Exhibit B ~ Pase 2
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 27, 2006
C. Legal Description
Project:
Date:
llJ-ll:i'1ZS
Fec/'WIrv 9, 2006
IHCl.INE VIU.AG;
ANNEXATION BOUNDARY
That partton of the Southeut 1/4 ur Se<:tlon 4, Township 3 North. Ranse 1 WlKt, Boisll Meftdlan, Ada
County, Idaho, and more partJcutarty descriIed ;as follows:
Commencllll at the 5authea5t CGmeI' of SectIon 4; thence e.tona the 5cutherly b(g1dary of the
~ "4, North 89'17'10' West, 990.65'""", to the POINTOFBEGlNHlNGj ,
~ ~nuflll dang SlII4 boln:l.ary, Nufth ""IT10" Welt. JJ4.3:i filet ta tile East 1/16 (orner of
Sectlcm '4; ,
thence aklnt the WII'SWrty bowIdary or the East 112 of tile Southftst ,1/4 of said sllction.
Notth 00'-41'2&' Eilst, 1,-475.]](oet; ,
hnu SOuth 89' 1S'q EaU. 79U6 feet;
thence South OO"3T4T West, 8Z1.68 feet;
thence North &9'Z2W West, 0461.44 feet;
thence SOuth 00']6'00' West. 652.31 feet to the POINT OF BEGIHNIHG.
Containing 20.006 acres, more or 1e55.
END OF D!5CRlPTlON
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Exhibit C - Page 1
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT fOR THE HEARING DATE OF JUNJ;: 27, 2006
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Exhibit C - Page 2
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CITY Of' MeRIDIAN PLANNING DEPARTMENT STAff REPORT FOR THE HEARING DATE OF JUNE 27, 2006
D. Required Findings from Unifit:u Development Code
1. Annexation Findings:
Upon reeommendation from the Commission, the Council sball make a full investigation
and shall, at the public hearing, review the application. In order to grant an annexation
and/or rezone, the Coundl shall make the following tlndlngs:
1. The map amendment complies with the applicable provisions of the comprehensive
plan;
The applicant is proposing to zone all of the subject property to R-4. Council fmds 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.
The map amendment complies with the regulations outlined for the proposed
district, specifically the purpose statement;
Council finds that future development of this property will comply with the established
regulations and purpose statement of the R-4 zone, if the applicant enters into a
development agreement with the city.
The map amendment shall not be materially detrimental to the publi(', health, safety,
and welfare;
Council finds that the proposed zoning amendment will not be detrimental to the public
health, safety, or welfare. The Commission and Council should rely on any oral or
written testimony that may be provided when detennining this finding.
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,
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.
2.
3.
4.
5. The annexation is in the best of interest of the City (UDC 11-5B-3.E).
The R4 zoning amendment will provide lots that are similar in nature to existing
subdivisions in the near vicinity, and transitions well to the existing rural lots in the
vicinity. 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 fmdings listed above, Council finds that Annexation and Zoning of this orooertv
to R-4 would be in the best interest ofthe City. if the aooHcant enters into a Development
Agreem~t lOA) with the Citv.
2. Preliminary Plat Findings:
In consideration of a preliminary plat. combined preliminary and final plat, or short plat,
the decision-making body shall make the following findings:
Exhibit D - Page 1
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 27, 2006
1.
The plat is in conformance with the Comprehensive Plan;
Council finds that the proposed application is in substantial compliance with the adopted
Comprehensive Plan. Council generally supports the proposed plat layout as it generally
complies with the provisions of the Comprehensive Plan. Please see Comprehensive
Plan Policies and Goals, Section 8, and Analysis, Section 10 of the Staff Report.
2. Public services are available or can be made available and are adequate to
accommodate the proposed development;
Council fmds that public services are available to accommodate the proposed
development. (See Exhibit B of the Staff Report for more details from public service
providers.)
3. The plat is in conformance with scheduled pUblic improvements in accord with the
City's capital improvement program;
Because the developer is installing sewer, water, and utilitic5 for thc development at their
cost, 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;
5.
The Conunission and Council should rely upon comments from the public service
providers (i.e., police, fire, ACHD, etc.) to detennine thi::; fuuling. (See finding Items 3
and 4 above under Annexation Findings, and the Conditions of Approval in Exhibit B for
more detail.)
The development will not be detrimental to the public health, safety or general
welfare; and
Council is not aware of any health, safety or environmental problems associated with the
development of this subdivision. ACHD considers road safety issues in their analysis.
The Commission and Council should reference any public testimony that may be
presented to determine whether or not the proposed l'Iuhdivil'lion may cause health, safety
or environmental problems of which staff is unaware.
6. The development preserves signific.ant Datural, scenic or historic features.
Council is unaware of any natural, scenic or historic features on this site. Council fmds
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 Commission and Council
should reference any public testimony that may be presented to determine whether or not
the proposed development may destroy or damage a m1tural or scenic feature(s) of major
importance of which staff is unaware.
Exhibit D - Page 2
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