Harpe Subdivision AZ 06-041
ADA COUNTY RECORDER J. DAVID NAVARRO
BOISE IDAHO 01/12/07 09:24 AM
DEPUTY Bonnie Oberbillig
RECORDED - REQUEST OF
Meridian City
AMOUNT
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44
III 1111111111111111111111111111111111
107005526
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DEVELOPMENT AGREEMENT
PARTIES: 1.
2.
3.
City of Meridian
Larry C. Harpe, Ownermeveloper
Oliver D. Palmer and Barbara D. Palmer, Owners
THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and
entered into this ~Ott-o day of ()ej()~ ,2006, by and between City of Meridian, a
municipal corporation of the State of Idaho, hereafter called CITY, Larry C. Harpe, whose
address is 1092 W. Shearwater, Eagle, II) 83616, hereinafter called OWNERlDEVELOPER,
and Oliver D. Palmer & Barbara D. Palmer, whose address is 1515 E. McMillan, Meridian,
II) 83642, hereinafter called OWNERS.
1.
RECITALS:
1.1 WHEREAS, Owner/Developer and Owners 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. ~ 67-6511A, Idaho Code. provides that cities may,
by ordinance, require or permit as a condition of re-zoning that the
Owner/Developer make a written commitment concerning the use or
development of the subject Property; and
1.3 WHEREAS, City has exercised its statutory authority by the
enactment of the Meridian Unified Development Code, which
authorizes development agreements upon the annexation and/or re-
zoning of land; and
1.4 WHEREAS, Owner/Developer and Owners have submitted an
application for annexation and zoning of the Property's described in
Exhibit A, and has requested a designation of (R-4) (Low Density
Residential District and (R-8) Medium Density Residential District,
(Municipal Code of the City of Meridian); and
1.5 WHEREAS, Owner/Developer and Owner made representations at
the public hearings both before the Meridian Planning & Zoning
DEVELOPMENT AGREEMENT (AZ 06-041) HARPE SUBDIVISION
PAGE 1 OF 12
Commission and before the Meridian City Council, as to how the
subject Property will be developed and what improvements will be
made; and
1.6 WHEREAS, record of the proceedings for the requested annexation
and zoning designation of the subject Property held before the
Planning & Zoning Commission, and subsequently before the City
Council, include responses of government subdivisions providing
services within the City of Meridian planning jurisdiction, and
received further testimony and comment; and
1.7 WHEREAS, City Council, the 21 st day of November, 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 Owner/Developer and Owners
to enter into a development agreement before the City Council takes
final action on annexation and zoning designation; and
1.9 OWNERlDEVELOPER and OWNERS 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 Owner/Developer and Owners 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.
DEVELOPMENT AGREEMENT (AZ 06-041) HARPE SUBDIVISION
PAGE 2 OF 12
NOW, THEREFORE, in consideration of the covenants and conditions set
forth herein, the parties agree as follows:
2. INCORPORATION OF RECITALS: That the above recitals are
contractual and binding and are incorporated herein as if set forth in full.
3. DEFINITIONS: For all purposes of this Agreement the following words,
terms, and phrases herein contained in this section shall be defined and interpreted as herein
provided for, unless the clear context of the presentation of the same requires otherwise:
3.1 CITY: means and refers to the City of Meridian, a party to this
Agreement, which is a municipal Corporation and government
subdivision of the state of Idaho, organized and existing by virtue of
law of the State of Idaho, whose address is 33 East Idaho Avenue,
Meridian, Idaho 83642.
3.2 OWNERlDEVELOPER: means and refers to Larry C. Harpe, 1092
W. Shearwater, Eagle, II) 83616, the party who owns a portion of the
property and is developing said Property and shall include any
subsequent owners and/or developer(s) ofthe Property.
3.3 OWNERS: means and refers to Oliver D. Palmer and Barbara D.
Palmer, 1515 E. McMillan. Meridian, Idaho 83642, the parties who
own a portion of said Property and shall include any subsequent
owners of said Property.
3.4 PROPERTY: means and refers to that certainparcel(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 (Low
Density Residential District) and R-8 (Medium Density Residential
District) attached hereto and by this reference incorporated herein as
if set forth at length.
4.
USES PERMITTED BY THIS AGREEMENT:
4.1 The uses allowed pursuant to this Agreement are only those uses
allowed under City's Zoning Ordinance codified at Meridian City
Code Titlell which are herein specified as follows:
DEVELOPMENT AGREEMENT (AZ 06-041) HARPE SUBDIVISION
PAGE 3 OF 12
Construction and development of a single family development
consisting of 22 building lots, and 3 commons lots in the
proposcdR-4 and R,-8 zones on 8.95 acres pertinent to this AZ 06-
041 application.
4.2 No change in the uses specified in this Agreement shall be allowed
without modification of this Agreement.
5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT
PROPERTY:
5.1
Owner/Developer shall develop the Property in accordance with the
following special conditions:
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.
That all future development of the subject property shall be
eonstructed in accordance with City of Meridian ordinances in
effect at the time of development.
That the applicant will be responsible 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
property: single-family detached homes and allowed
accessory uses of the R-8 zone.
That Lot 13, Block I be annexed and zoned as RA. Prior to
annexation ordinance approval, the applicant shall provide
new legal descriptions and zoning maps for this property that
depict the Council-approved zoning for this property. Said
legal descriptions shall be submitted to the Planning
Department for review and approval.
That prior to issuance of any building permit, the subject
property be subdivided in accordance with the City of
Meridian Unified Development Code.
2.
3.
4.
5.
6.
7.
DEVELOPMENT AGREEMENT (AZ 06-041) HARPE SUBDIVISION
PAGE 4 OF 12
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 Owner/Developer or Owner/Developer's and/or Owners 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 ~ 67-6509, or any subsequent amendments or
recodifications thereof.
7. CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING
DESIGNATION:
Owner/Developer and Owners consents upon default to the reversal of the
zoning designation of the Property subject to and conditioned upon the following conditions
precedent to-wit:
7.1 That the City provide written notice of any failure to comply with this
Agreement to Owner/Developer and/or Owners and if the
Owner/Developer and/or Owners fails to cure such failure within six
(6) months of such notice.
8. INSPECTION: Owner/Developer and/or Owners 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 Owner/Developer, or Owner/Developer' s and/or Owners
or Owners' heirs, successors, assigns, or subsequent owners of the
Property or any other person acquiring an interest in the Property, fail
to faithfully comply with all of the terms and conditions included in
this Agreement in connection with the Property, this Agreement may
be 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 Owner/Developer and/or Owners
of anyone or more of the covenants or conditions hereof shall apply
DEVELOPMENT AGREEMENT (AZ 06-041) HARPE SUBDIVISION
PAGE 5 OF 12
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 eovcnants and conditions.
10. REQUIREMENT FOR RECORDATION: City shall record either a
memorandum of this Agreement or this Agreement, including all of the Exhibits, at
Owner's/Developer's cost, and submit proof of such recording to Owner/Developer and/or
Owners, 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 ot 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 Owner/Developer and/or Owners, or by any successor or
successors in LiLle 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 ofthis Agreement, the parties agree
that City and Owner/Developer and/or QwmosOwners 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 he cured within sueh thirty (30) day period., if
the defaulting party shall commence to cure the same within such
thirty (30) day period and thereafter shall prosecute the curing of
same with diligence and continuity, then the time allowed to cure
such failure may be extended for such period as may be necessary to
complete the curing of the same with diligence and continuity.
12.2 In the event the performance of any covenant to be performed
hereunder by either Owner/Developer and/or Owners 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
DEVELOPMENT AGREEMENT (AZ 06-041) HARPE SUBDIVISION
PAGE 6 OF 12
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,
irrevocahle 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
Owner/Developer agree to provide, if required by the City.
14. CERTIFICATE OF OCCUPANCY: The Owner/Developer and/or Owners
agree that no Certificates of Occupancy will be issued until all improvements are completed,
unless the City and Owner/Developer has entered into an addendum agreement stating when
thc improvcmcnts will be completed in a phased developed; and in any event, no Celtificates
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 Owner/Developer
aftdDeveloper and/or Owners agree to abide by all ordinances of the City of Meridian and the
Property shall be subject to de-annexation if the owner or his assigns, heirs, or successors
shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this
Development Agreement, and the Ordinances of the City of Meridian.
16 NOTICES: Any notice desired by the parties and/or required by this
Agreement shall be deemed delivered if and when personally delivered or three (3) daY5> after
deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt
requested, addressed as follows:
CITY:
OWNERlDEVELOPER:
c/o City Engineer
City of Meridian
33 E. Idaho Ave.
Meridian, II) 83642
Larry C. Harpe
1092 W. Shearwater
Eagle, ill 83616
OWNERS:
Oliver D. Palmer and Barbara D. Palmer
1515 E. McMillan
Meridian, II) 83642
with copy to:
DEVELOPMENT AGREEMENT (AZ 06-041) HARPE SUBDIVISION
PAGE 7 OF 12
City Clerk
City of Meridian
33 E. Idaho Avenue
Meridian, In lBh42
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 Owner/Developer and/or Owners of the Property, each
subsequent owner and any other person acquiring an interest in the Propelty. Nothing herein
shall in any way prevent sale or alienation of the Property, or portions thereof, except that
any sale or alienation shall be subject to the provisions hereof and any successor owner or
owners shall be both benefited and bound by the conditions and restrictions herein expressed.
City agrees, upon written request of Owner/Developer and/or Owners, to execute
appropriate and recordable evidence of termination of this Agreement if City, in its sole and
reasonable discretion, had determined that Owner/Developer and/or Owners have fully
performed its obligations under this Agreement.
20. INVALID PROVISION: If any provision of this Agreement is held not
valid by a court of competent 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.
DEVELOPMENT AGREEMENT (AZ 06-041) HARPE SUBDIVISION
PAGE 8 OF 12
21. FINAL AGREEMENT: This Agreement sets forth all promises,
inducements, agreements, condition and undcrstandings between Owner/Developer and/or
Owners and City relative to the subject matter hereof, and there are no promises, agreements,
conditions or understanding, either oral or written, express or implied, between
Owner/Developer and/or Owners 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 rc-zoning of the
subject Property herein provided for can be modified or amended without the
approval of the City Council after the City has conducted public hearing(s) in
accordance with the notice provisions provided for a zoning designation
and/or amendment in force at the time of the proposed amendment.
22. EFFECTIVE DA TE 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 rovided.
DEVELOPMENT AGREEMENT (AZ 06-041) HARPE SUBDIVISION
PAGE 9 OF 12
OWNERS
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OLNER D. PALMER
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BARBARA D. PALMER
CITY OF MERIDIAN
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DEVELOPMENT AGREEMENT (AZ 06-041) HARPE SUBDIVISION
PAGE 10 OF 12
STATE OF IDAHO, )
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IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year in this certificate first above written.
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Notary Public for Idaho
Residing at: M<< ~~
My Commission Expires: -.:l3 -,:).0 II
STATE OF IDAHO, )
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County of Ada, )
On this Jo ~ay ofUGelA.lk 2006, before me, the undersigned, a
Notary Public in and for said State, personally appeared Oliver D. Palmer and Barbara D.
Palmer, known or identified to me and acknowledged to me that they 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.
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DEVELOPMENT AGREEMENT (AZ 06041) HARPE SUBDIVISION
PAGE 11 OF 12
STATE OF IDAHO )
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County of Ada )
On this qth day of :Jan\ H\."+- ., 20051 before me, a Notary
Public, personally appeared Tammy de Weerd and Willidm G. Berg, Jr., know or identified
to me to be the Mayor and Clerk, respectively, at" the City ot" 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.
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DEVELOPMENT AGREEMENT (AZ 06-0-11) HARPE SUBDIVISION
PAGE 12 OF 12
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RECEIVED
DEe 0 5 2006
THn LAND CROUI', INC.
City Of Meridian
City Clerk Office
November 2.1, 2006
Project No. 06018
R-8 Rezone Legal Des~ription
HARPE SUBDIVISION
6.29 Acres
REZONE LEGAL
A tract orland for rezone purposes being a pOltion of Lot 7 of Crest wood Subdivision
No, 1 (a recorded subdivision on file ill Book 28 of Plats at page 1757, records of Ada
County, Idaholand a p'ortion of the NOJtheast One Quarter ofthe Northeast One Quarter.
all located in Section 31, Township 4 North, Range JEast, Boise Meridian, City of
Meddian. Ada County. Idaho, qescribed as follows:
BEGlNN~NG at a found brass cap lUonumenling. tbe Northeas.t Corner of said Section 31
on the centerline of North L~ust Grove, Road, from which a found SIS.inch steel pin
monumenting the East One Quarter of said Section 31 bears South 00033'04" West:a
disrance of2,689.66 feet;
Thence following the eastel'ly line of said Section 31 and the centerline of &aid
North Locust Grove Road. South 00033'04" West a distance of660.00 feet to,a
point;
Thenc,e leaving said easterly line and said cellterline, North 89046138" West it
dbtance of 250.00 feet to a point being the Southeast Corner of said lot 1;
TbcJ}ce foHowing the southerly Une of said Lot 1. North 89""58'Z4" West a
distallce of340.37 feet to a point being the Southwest Corner of said Lot 7;
Thence leaving said southerly line and following the westerly Hne of said Lot 7,
North 00033'04" East a distance of319.91 feet to a point;
Thence-leaving said westerly line, South 89059'26" East a distance of340.3 7 feet
to a point on the easterly line of said Lot-7;
Thence following said e~sterly line, North 00033'04" East a qistanceof306.99
feet to the Northeast Cornel' of said Lot 7;
Thence leaving said easterly line. North Qo033'04" &at a distance 003.00 feet to
a point on the northerly line of said Section 31 and the centerline of East
McMillan Road;
Thence following said northerly Hne and said centerline, South 89046'35" East a
distance of250.00 feet to the POINT OF BEGINNING.
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l.J1llt1nif/JI Art!Jit#dlilr " S,Jt PImIIJI,IJ. " CiIi/l'iwnNli"l . G#/f ell"'lt ,,.rWUUII.O" EIIJ/IHN'iI(( " Gmpltit C'lIIJIIuo;mJill.ll
1.10 Itivet Vi~ta Ptllte, Twin It"lIs, Idaho 8J30ll~.7J3"'041.llZ08.7J3."04S. W\V\\I.thdaIKI,,~
():\C\I)\li.wc 'I'ftlllllet IlilCII\04D18\IU)6f I 21_hDlpc:' wh_D6018.J.8 ..",,,nl'.d.,e.' .
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1H2 LAND GROUP, INC.
TIle above descl'ibed tract of land contains 6.29 acres, more or less, subject to a1l existi'ng
easements and rights-of-way. .
Pl'eparedJ,ly: THE LAND GROUP, INC.
140 RIVER VISTA PLACE
TWIN FALLS, IDAHO 83301
208-733-404 ]
208-73;3-4045 (FAX)
B~~VAL
NOV 3 0 2006
MERIDIAN PUBLIC
WORKS DEPT.
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loll) Ri.\'l.:t Visl1Il'laCCl. 'I\vill 111111" Jdllbll8})OJ I'Z(I3.7:Jl..1041. FZQ8.733'''04S. \\'\\'W.r1U'lftll!lpr'III"ill~
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Novct:nber22, 2006
Project No. 06018
R~4 Rezone, Legal Descriptio)}
Harpe Subdivision
2.66 Acres
REZONE LEGAL
A tract of land being a portion of Lot 1, of Crestwood Subdivision No. 1 (a recorded
subdivision on file in Book 28 Page 1151, records. of Ada County. IdahQ)..situated ill the
Northeast One Quarter oCtile NOl1heast One Quarter of Section 31. Township 4 North,
Range I East, Boise Meri(:ijan, City of Meddian, Ada County, Idaho, described ,as
folJows:
Commencing at a found brass cap monumenting the N0l1heast Corner of said Section 31 ~
which bears North ,00033'04" East a distance. of 2,689.66 feet from a found 5/8-itlCh steel
pin rnonumellting the East One Qual1~1' Cornel' of said Section 31 ;
Thence following the northerly line.of said Section 31, and the centerline orE. McMiHan
Road. North 89046'35" West a distance of250.00 feet to the POINT OF BEGINNING.
Thence leaving said northerly line and said centel'fine South 00033'0411 West a
distance of33.00 feet to a point being the NOl1heastComel' of said Lot 7.
Thence following the easterly line of said Lot 7. South 00Q33104" West a
distance of 306'.99 feet to a point;
Thence leaving said easterly line, N011h 89059'26" West a distance of 34037
feel to a point on the westel'ly line of said Lot 7.
Thence' following the westerly line of said Lot 7, North 00033'04" Bast a
distance 0008.26 feet to a point being the Northwest Cornel' of said ~~ot 1;
Thence leaving said westerly line North 00033'04" East a distance of 33.00 feet
to 8 point on the llol1herly line of Section 31 and thl; centerline of E. McMillan
Road;
Thence foHowing the northerly line ofsaid Section 31 and the centerline of said
E. McMman Road. South &9046'35" East a distance of 340.36fe~t (0 the
POINT OF BEOJNNING.
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The above-described legal contains 2.66 acres, mo~ or less. subject to all ex,isting
easements and rights-of-way.
Prepared By: The Land Group. Inc.
462 E. Shore Drive. Suite 100
Eagle, Idaho 83616
208-939-4041
208-939-4445 (FAX)
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NOV 3 0 2006
MERIDIAN PUBl.IC
WORKS DEPT.
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RECEIVEr
NOV 1 Ii 2006
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF
LAW AND
DECISION & ORDER
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In the Matter of Annexation and Zoning of 8.95 aeres from RUT to R-8 and R-4 AND
Preliminary Plat approval for 22 residential building lots and 3 common lots for Harpe
Subdivision, by Larry C. Harpe.
Case No(s). AZ-06-041 and PP-06-042
For the City Council Hearing Date of: November 8, 2006 (Findings on the November 21,
2006 City Council agenda)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of November M, 2006
incorporated by reference)
2. Process Facts (see attached Staff Report for the hearing date of November 8, 2006
lncorporated by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of
November 8, 2006 incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the
hearing date of November 8,2006 incorporated by reference)
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use
Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. ~67-6503).
2. The Meridian City Council takes judicial notice of its Unified Development Code
codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of
Meridian has, by ordinance, established the Impact Area and the Amended
Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002,
Resolution No. 02-382 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code ~
II-SA.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ.06.041 and PP-06-042
4. Due consideration has been given to the comment(s) received from the governmental
suhdivi!llions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not
impose expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Dt:cision, 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 November
8, 2006 incorporated by reference. The conditions are concluded to be reasonable and the
applicant shall meet such requirements as a condition of approval of the application.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code ~ II-5A and
based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby
ordered that:
1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat
dated August 23,2006 is hereby conditionally approved;
2. The following modifications to site specific conditions were made at the City Council
hearing:
a. That Lot 13, Block 1 be annexed and zoned as R-4
3. The site specific and standard conditions of approval are as shown in the attached Staff
Report for the hearing date ofNovembcr 8, 2006 incorporated by rt:fa-lmct:.
D. Notice of Applicable Time Limits
Notice of Preliminary Plat Duration
Please take notice that approval of a preliminary plat, comhined preliminary and final
plat, or short plat shall become null and void if the applicant fails to record a final plat
within two (2) years of the approval of the preliminary plat or one (1) year of the
combined preliminary and final plat or short plat. In the event that the development of
the preliminary plat is made in successive phases in an orderly and reasonable manner,
and- conforms substantially to the approved preliminary plat, such segments, if
submitted within successive intervals of eighteen (18) months, may be considered for
final approval without rcsubmission for preliminary plat approval. Upon written request
and filed by the applicant prior to the termination of the period in accord with 11-6B-
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-06-041 and PP-06-042
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
determined and approved by the City Council may be granted. With all extensions, the
Director or City Council may require the preliminary plat, combined preliminary and
final plat or short plat to comply with the current provisions of Meridian City Code
Title II. If the above timetable is not met and the applicant does not receive a time
extension, the property shall bc rcquired to go through the platting procedure again.
E. Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat
or conditional use permit 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 fmal decision concerning the matter at issue. A request
for a regulatory takings analysis will toll the time period within which a Petition for
Judicial Review may be filed.
2. Please take notice that this is a fInal action of the governing body of the City of
Meridian, pursuant to Idaho Code ~ (;7-(;521 an affected person being a person who has
an interest in real property which may be adversely affected by the issuance or denial of
the conditional use permit approval may within twenty-eight (28) days after the date of
this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho
Code.
F. Attached: Staff Report for the hearing date of November 8, 2006
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-06-041 and PP~06-042
By action of the City Council at its regular meeting held on the 2./ Sf? day of
J.0Vi'nt ~, 2006.
COUNCIL MEMBER SHAUN WARDLE
VOTED ~
VOTED~"-'
VOTED ~
VOTED ~
COUNCIL MEMBER JOE BORTON
COUNCIL MEMBER CHARLIE ROUNTREE
COUNCIL MEMBER KEITH BIRD
TIE BREAKER
MAYOR TAMMY de WEERD
--.,
VOTED
ATTEST:
Copy served upon:
By:...~J\jO~
City Clerk's Office
Dated: , '-OI~ -OlP
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ.06-041 and PP-06-042
CITY UF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THB HBARJN(j OATh U.F NUVEMEBR 8,2006
STAFF REPORT
TO:
Hearing Date: 11/8/2006
Mayor and City Council
Dt{otidi~ '\
\ If.l.-'I.HO ·
FROM:
SUBJECT:
Justin Lucas
Associate City Planner
Meridian Planning Department
884-5533
Harpe Subdivision
. AZ-06-041
~
Annexation and Zoning of 8.95 acres from RUT (Ada County) to R-8
(Medium Density Residential) zone
. PP-06-042
Preliminary Plat of22 single.family building lots and 3 eonnnon lots on 8.95
acres in a proposed R-8 zone
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Larry C. Harpe, has applied for Annexation and Zoning (AZ) of 8.95 acres from RUT
(Ada County) to R.8 (Medium Density Residential) and Preliminary Plat approval of 22 single family
residential lots and 3 common lots for Harpe Subdivision. The site is located on the south west comer of
the intersection of Locust Grove and McMillan Roads in Section 31, Township 4 North, Range 1 East,
and is currently referenced as Assessor's Parcel Numbers SOS311101S1 and R16086S0180.
2. SUMMARY RECOMMENDATION
The subject applications (AZ-06-041 and PP-06-042) were submitted to the Planning Department for
concurrent review. Staff has provided a detailed analysis and recommended eonditions of approval for the
requested Annexation and Zoning and Preliminary Plat applications. The Meridian Planning and Zoning
Commission heard these item(s) on AUl!Ust 31. 2006 and October 5. 2006. At the Oetober 5th Dublie
hearilllz they moved to reconunend anoroval.
a. Summa" of Commission Public Bearinl!:
i. In favor: Van Elg
ii. In oDDosition: None
111. Commentine:: None
iv. Written testimony: Oliver Palmcr
v. Staff presenting application: Justin Lucas
vi. Other staff conunentWl! on annlieation: Caleb Hood. Bruce Freekleton
b. Kev Issues of Discussion bv Commission:
i. - Overall density of the subdivision:
ii. - Future density of Lot 13. Block 1 (lat'gC lot the will retain an existing home)
c. Key Commission Chanees to Staff Recommendation:
i. - Development Agreement J.in;P.J.in2 Lot 13,....Block I to R4 density for any future
subdivision
d. Outstandinl! IssueCs) for City Council:
i. - None
Thp. Mp.ridiaD C.itv C.ouncil heard thelle itp.mll on November K. 2006. At the nuhUc hearing thev
annroved the nroied. with chanp-eli.
Harpe Subdivision AZ.06-04I, PP-Q6-042
PAGE 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR lHE HEARING DATE OF NOYEMJ:::BR IS, 2006
.a. Summarv of Citv Council Puhlic Hearinp:
ii. In favor: Van Elg
iii. In onnO!dti~ None
iv. Commenting: None
v. Written testimony: None
VI. Staff nresenting annlication: Anna Borchers Canninll
vii. Other staff commentipll on annlication: None
~ Kev Issues of Discussion bv Council:
i. - Overall densitv --Rf the subdivision:
11. ~ Future densitv of T ,nt I 3 RInck 1 (Jarlle lot that will.rJ~lain an existing:
~
J:. Kp.v ('olini'll ('hanpp.1 to C.ommh:!llion Reeommendation:
i. -l)..eyelonment A2feement reauirinll that Lot] 3. Block 1 be annexed
and zoned as R.4.
3. PROpOSED MOTIONS
Approval
After considering all staff, applicant and public testimony, I move to approve File Nwnbers AZ-
06-041 and PP.06-042 as presented in the staff report for the hearing date of November 8,2006,
with the iollowing modifications to the conditiorui of approval: (Add any proposed
modifications.)
Denial
After considering all staff, applicant and public testimony, I move to deny to the File Numbers
AZ.Q6.041 and Pp.06.042 as presented during the hearing on November 8, 2006, for the
following reasons: (State specific reasons for denial of the annexation and/or preliminary plat
request.)
Continuance
After considering all staff, applicant and public testimony, I movc to continue File Numbers
AZ~6.041 and PP-Q6..()42 to the hearing date of (insert continued hearing date here) for the
following reason(s): (State specific reason(s) for a continuance.)
4. APPLICATION AND PROPERTY FACTS
a. Site AddressILocation:
4715 N. Locust Grove Road
Section 31, T4N, RIE
b. Applicant I Owner:
Larry C. Harpe
1092 W. Shearwater
Eagle, ID 83616
c. Representative: Van BIg, The Land Group, Inc.
d. Present Zoning: RUT (Ada County)
e. Present Comprehensive Plan Designation: Low Density Residential
f. Description of Applicant's Request:
Harpe Subdivision AZ-06-041, PP-06-042
PAGE 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMEBR 8, 2006
1. Date of Preliminary Plat (attached in Exhibit A); August 23, 2006
2. Datc ofLandscapc Plan (attached in Exhibit A): July 25.2006
g. Applicant's Statement/Justification: As discussed with planning staff, this property is being
submitted without a eomprchcnsive map amcndment becausc with the approval of the allowed
step up in zoning from low density to medium density zoning the property will remain in
confonnance with the identified comprehensive plan density. In addition. the 22 proposed lots
will be considerably larger than the lots in adjacent developments.
S. PROCESS FACTS
a. The subject application will, in fact, constitute an annexation and/or rezone as determined by
City Ordinance. By reason of the provisions of the Meridian City Code Title 11. a public
hearing is required before the City Council on this matter.
b. The subject application will, in fact, constitute a preliminary plat as determined by City
Ordinance. By reason of the provisions of the Meridian City Code Title 11, a public hearing is
required before the City Council on this matter.
c. Newspaper notifications published on: August 14th, 2006, and August 28th, 2006 (planning
Commission); October 16th, 2006 and October 30th,
2006 (City Council)
d. Radius notices mailed to properties within 300 feet on: August 4th, 2006 (Pl~
Commission); October 13 . 2006 (City
Council)
e. Applicant posted notice on site by: August 21"\ 2006 (planning Commission); October 30th.
2006 (City Council)
6. LAND USE
a. Existing Land Use(s): Rural Single Family Residential
b. Description ot Character of Surrounding Area: A mix of single family residential uses and
county land. This area is rapidly transitioning from rural to urban.
c. Adjacent Land Use and Zoning:
1. North: Rural Residential, zoned RUT (Ada County).
2. East: Future School site with in Settlement Bridge Subdivision, zoned R-4.
3. South: Havasu Creek Subdivision, zoned R,-4
4. West: Rural Residential, zoned RUT (Ada County).
d. History of Previous Actions: N/A
e. Existing Constraints and Opportunities:
1. Public Works
Location ot" sewer: 'l"here is a sewer main stubbed to this property from Havasu
Subdivision to the south.
Location of water: There is a water main stubbed to this property from Havasu
Subdivision to the south.
Issues or concerns: None.
2. Vegetation: N/A
Harpe Subdivision AZ-U6-041, PP-06-042
rAGE 3
CITY OF MERIDIAN PLANNING DEPARTMENT STAfF REPORf FOR THE HEARING DATE OF NOVEMEBR 8,2006
3. Floodplain: N/A
4. Canals/DitchcslIrrigation: The Lemp canal runs under the intersection of McMillan
and Locust Grove roads adjacent to this site.
5. Hazards: N/ A
6. Proposed Zoning: R-8
7. Size of Property: 8.9S acres
f. Subdivision Plat Infonnation:
1. Residential Lots: 22
2. Non-residential Lots: 0
3. Total Building Lots: 22
4. Conunun Lots: 3
5.' Other Lots: 0
6. Total Lots: 25
7. Open Lots: 0
8. Residential Area: 8.95 acres
9. Gross Density: 2.45 units per acre
10. Lot Sizes: Lot sizes range from approximately 7,532 square feet to 8,945 square feet
with one large lot of 89,833 square feet.
g. Landscaping:
1. Width of street buffer(s): 25 feet along Locust Grove and McMillan Roads.
2. Width ofbuffcr(s) between land uses; N/A.
3. Percentage of site as open space: 0.85 acres (9.9%)
4. Other landscaping standards: Landscaping adjacent to micro-paths should wmply
with UDC 11-3B-12.
h. Proposed and Required Non-Residential Setbacks: As per the R-8 zone for single family
dwellings.
1. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): The sole
access to the development will be from an existing stub street, N. Bright Angel Ave, provided
from Havasu Crt::ek. Subdivision. Havasu Cn:ek curn:nlly has appruved din:cL access fWIll
Locust Grove Road. A stub street and driveway will be provided to the large lot that contains
the existing home. This lot will abandon its access to McMillan Road. Another stub street is
provided to the property to the west that includes an emergeney vehicle turnaround. In general
staff is supportive of this roadway design.
7. COMMENTS MEETING
On August 11, 2006. Planning Staff held an aiency comments meeting. The agencies and departments
present include: Meridian Fire Department, Meridian Police Department, Meridian Parks Department,
Meridian Public Works Department, and the Sanitary Services Company. Staff has included all comments
and recommended actions as Conditions of Approval in the attached Exhibit B.
8. COMPREHENSIVE PLAN POLICIES AND GOALS
Hatpe Subdivision AZ-06-041, PP.06-042
PAGE 4
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR TI:lE HEARING DATE OF NOVEMEBR 8, 2006
This property is designated "Low Density Residential" on the Comprehensive Plan Future Land Use Map.
Low density residential areas are anticipated to contain single family residenees at densities up to three
dwelling units per acre (see Page 9S of the Comprehensive Plan.) The proposed Preliminary Plat includes
22 residential building lots on 8.95 acres for a gross density of 2.45 dwelling units/acre.
Although this proposed density is consistent with the "Low Density Residential" designation it is
important to note that the applicant is requesting an R-8 zone which is designed to accommodate medium
density developments. This zoning would allow the large lot that contains the existing home to re-
subdivide and develop lots in the future that are only required to meet the R-8 standards. If in the future
this large lot is subdivided and developed with similar lots as proposed in the current subdivision the
gross density for the entire area could reach up to 3.7 units per acre.
Even if the scenario above played out the potential gross density is still in general compllance with the
Comprehensive Plan because of the "step up" provision. This provision described on the Comprehensive
Plan Future Land Use Map allows for the city to consider other residential densities than those shown on
the future land use map as long as the proposed density is with in one "step" (low to mcdium) of the
density shown on the map. Due to this flexibility staff finds that the proposed development is in general
compliance with the Comprehensive Plan. The following Comprehensive Plan policies apply to this
application:
· Chapter VII, Goal ill, Objective A, Action I ~ Require that developmen.L projccts have
planned for the provision of all public services.
When the City established its Area of City Impact, it planned to provide City services to the
subject property. The City of Meridian plans to provide municipal services to the lands proposed
to be annexed in the following manner;
· Sanitary sewer and water service will be extended tu the prujer.:t at the develuper '!>'
expense.
· The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District.
Once annexed the lands will be under the jurisdiction of the Meridian City Fire
Department, who currently shares resource and personnel with the Meridian Rural Fire
Department.
· The subject lands currently lie within the jurisdiction of the Ada County Sheriff's Office.
Once annexed, the lands will be serviced by the Meridian Police Department (MPD).
. The roadways adjacent to the subject lands are currently owned and maintained by the
Ada County Highway District (ACHD). This service will not change.
· The subject lands are currently serviced by the Meridian School District #2. This service
will not change.
. The subject lands are currently serviced by the Meridian Library District. This service
will not change and the Meridian Library District should suffer no revenue loss as a
result of the subject annexation.
Municipal, fee-supported, services will be provided by the Meridian Building Department, the
Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater
Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary
Services Company,
. Chapter VI, Goal n, Objective A, Action 3 - Consider "Accommodating Bicycle and
Pedestrian Travel: A Reconunended Approach" from the National Center for Bicycling and
Walking in all land-use decisions.
Harpe Subdivision AZ-06-041, PP-U6-042
PAGE 5
CITY OF MERIDIAN PLANNING OEP ARTMENT 5T AFF REPORT FOR THE HEARING DATE OF NOVEMEBR 8, 2006
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 5 ~ Require pedestrian access connecton in all new
development to link subdivisions together to promote neighborhood eonnectivity as part of a
conununity pathway system.
Staff is supportive of the proposed pedestrian connection to McMillan Road and Locust Grove
Road via the proposed micro paths, as well as the extension of the stub street provided from the
south which will provide for pedestrian connectivity with the Havasu Creak Subdivision.
. Chapter VII, Goal IV, Objective C, Aetion 1 . Protect existing residential properties from
incompatible land use development on adjacent parcels.
The applicant is proposing a residential zone. Staff finds that the surrounding developments are
compatible with the proposal.
. Chapter VII, Goal IV, Objective C, Action 10 - Support a variety of residential eategories
(low-, mediwn~, 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.
The subject application includes a request for the R-8 zoning designation. The subject property is
located adjacent to land.rt zoned R-4. Staffjinds that the requested zoning designation is generally
consistent with the Comprehensive Plan designation for this site considering that the applicant is
requesting a step up in density.
. Chapter VI, Goal II, Objective A, Action 6 w Require street connections between subdivisions
at regular intervals to enhance connectivity and better traffic flow.
Two stub streets will provide cross~access with the properties to the west when they develop.
9. UNIFIED DEVELOPMENT CODE
a. Zoning Schedule of Use Control: UDC 11-2A-2 lists single-family developments as a
Permitted Use in the R-8 zone.
b. Purpose Statement of Zone: The purpose of the residential districts is to provide for a range of
housing opportunities consistent with the Meridian Comprehensive Plan. Connection to the
City of Meridian water and sewer systems is a requirement for all residential districts.
Residential districts are distinguished by the allowable density of dwelling units per acre and
corresponding housing types that can be aecommodated within the density range.
10. ANALYSIS
a. Analysis of Facts Leading to Staff Recommendation
HlUpe Subdivision AZ-06-041, PP-06-042
PAGE 6
CITY 01' MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMEBR 8, 2006
ANNEXATION AND ZONING ANALYSIS: Based on the policies and goals contained in the
Comprehensive Plan, staff believes that the requested R-8 zone is appropriate for this property.
Please see Exhibit D for detailed analysis of the required facts and findings for annexation,
The annexation legal description submitted with the application (prepared on June 15, 2006, by
Dennis Lewis, PLS) shows the property as contiguous to the existing cOIporate boundary of the
City of Meridi<ln.
Special Considerations:
Development Agreement: UDC 11-5B-3.D.2 and Idaho Code ~ 65-6711A provides the
City the authority to require a Propcrtv owner to enter into a Development Agreement
lOA) with the City that may reauire some written conunitment for all future uses. Staff
believes that a DA is necessarY to ensure that this oroperty is develooed in a fashion that
is consistent with the comprehensive plan desi2I18tion and does not negatively impaet
nearby properties.
Prior to the annexation ordinance approval. a Develooment Agreement (DA)
shall be entered into between the City of Meridian. property owner (at the time of
aIUlexation ordinance adoption). and the develooer. The applicant shall contact
the City Attomev. Bill Nary. at 888-4433 to initiate this process. The DA shall
incorporate the following:
· That all future uses shall not involve uses, activities. processes, materials.
eauipment and conditions of operation that will be detriIllental tu IU1V
persons. property or the e.-eneral welfare bv reason of excessive
production of traffic. noise. smoke~ ,twnes, glare or odors.
· That all future development of the subiect DrODertv shall be constructed
in accordance with City of Meridian ordinances in effect at the time of
develoJ)ment.
· That the applicant will be responsible for all eosts associated with the
sewer and water service extension.
· That any existine; domestic wells and/or septie svstems within this
Droieet 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 followine: shall be the only allowed uses on this property:
simde~family detached homes and allowed aecessorv uses of the R-8
~
· That Let U. BlGek 1. IliaD develas iB tile f1lhtFe at a mllB....m af 4
dweIlHU:: BaitS BeF Berel
. That I.ot 13. Block 1 he annexed and zoned as R-4. Prior to
annp.yation ordinance annrovaL the annlicant !ihall nrovide new leoal
delllcrintlon!i and zonin" mans for this nronertv that denict the
Council-aooroved zODiD" for this nrooertv. Said le2"al descriotions
shaD he submitted to the Plannlno Denartment for review and
aooroval.
· That prior to issuance of any buildinlZ permit. the subi ect croperly be
subdivided in accordance with the City of Meridian Unified
Development Code.
Harpe Subdivision AZ-06-041, PP-06-042
PAGE 7
CITY Of MERIDIAN PLANNING DEPARTMENT STAFf REPORT FOR TIlE HEARING DATE Of NOVEMEBR 8, 2006
PRELIMINARY PLAT ANALYSIS: Based on the policies and goals contained in the
Comprehensive Plan and the general compliance of the proposal with the Unified Development
Code, staff believes that this is a good location for the proposed singlt:~fcuIlily n::sidt:IlLial
development. Please see Exhibit D for detailed analysis of facts and [mdings for a preliminary
plat.
Lot Size: Ten of the proposed lots in this subdivision exeeed 8,000 square feet. The
remaining 12 lots all exceed 7,500 square feet. These lot Ri7.eR are comparable to the
neighboring subdivisions which have lots that range from 7,500 to 9,500 square feet.
Landscaping:: The landscape plan prepared by The Land liroup, on 7-25-06, is approved
with the following modifications/notes:
. Per UDC 11-3G-3B5 parkways that are used as common open space shall be
a minimum of eight feet wide from street curb to edge of sidewalk and
contain one class two tree for every 35 linear feet of parkway.
. The proposed micro pathways that connect N. Bright Angel Avenue to
McMillan Road and Loeust Grove Road shall be constructed in accordanee
with UDC 11-3A-8. A111andseaping adjacent to the pathway shall meet the
requirements outlined in 11-3B-12 including the requirement for one
deciduous tree per 35 linear feet of pathway.
. Per UDC 11~3G-3A, set aside at least 9.9% (0.85 acres) of the site for
useable open space, as proposed.
. 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.
. 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 11-3B-14.
Submit copies of a revised landscape plan, reflecting the changes/notes
mentioned above, with the final plat application(s).
Common Areas / UDen Space: The applicant has provided 0.85 acres (9.9%) of
landscaped open space, meeting the 5% minimum required by UDC 11-3G~3A-l. The
majority of the open space is passive in nature and provided in the form of landscaped
parkways. The applicant is also proposing some open space/common area along two
micro pathways. Maintcnance of all common areas shall be the responsibility of the
Harpe Subdivision Homeowners Association.
Pressure hrillation: The City of Meridian requires that pressurized irrigation l'lYl'lteml'l be
supplied by a year~round source of water. The applicant should be required to utilize any
existing 8w.face or well water for the primary llOurCt:. If it surfacl;; ur well suure!;: is noL
available, a single-point connection to the culinary water system shall be required. If a
single-point connection is utilized, the developer will be responsible for the payment of
assessments for the common areas prior to signature on the fmal plat by the City
Engineer. An underground, pressurized irrigation system should be installed to all
landscape areas per the approved specifications and in accordance with UDe 11-3A.15
and MCC 9-1-28.
Harpe Subdivision AZ-06-041, PP-<J6..042
PAGE 8
CITY OF MERIDIAN PLANNING DEP ARlMENT STAff REPORT FOR TIlE HEARING DATE OF NOVEMEBR 8,2006
Stub Streets: The applicant should be required to provide public stub streets to Lot 13
Block 1 of the proposed subdivision and to the Wood property to the west (Parcel
#RI608650IS0) as proposed.
Existing Residences/Buildings: The site currently contains multiple buildings. The
existing buildings span across proposed lot lines and do not meet setback requirements of
the requested zoning. Therefore, all existing buildings shall be removed/re-located in
accordance with the building setbacks of the R-8 zone, prior to signature of the final plat
by Lhe City Engineer.
Ememency Vehicle Turnaround: The cUlTent design of the cul-de-sac at the north e.nd of
N. Bright Angel Avenue does not meet Fire Department standards for an emergency
vehicle turnaround. The applicant should work with the Fire Department to ensure that
the cul-de-sac or possible alternative meets Fire Department standards.
Fencine;: No perimeter fencing is shown on the preliminary plat or landscape plan. The
applicant should submit a detailed fencing plan with the final plat application for the
subdivision. If permanent fencing is not provided, temporary construction fencing to
contain debris must be installed around the perimeter prior to issuance of a building
permit. All perimeter fencing must be completed prior to issuance of building permits.
Fencing should taper down to a 3 foot maximum within 20 feet of all rights-of-way.
Feneing adjacent to all micro pathways is also required, and is shown on the landscape
plan. All fencing shall be installed in accordance with UDC 11.3A-7.
Ditches. Laterals. and Canals: As per ODe 11-3A-6, all irrigation ditches, laterals or
canals, exclusive of natural waterways and waterways being used as amenities, which
intersect, cross or lie within the area being subdivided shall be covered.
b. Staff Recommendation: Based on the above analysis, staff finds that applications AZ-06-041 and
PP-06-042 substantially conform to the Comprehensive Plan policies and UDC standards. Staff
reconunends approval of said AZ and PP application~ subjt=cL tu Lht: cundiLiuns listed in Exhibit
B. The Meridian Planninll and Zonine Commission heard these item( s) on August 31. 2006 and
October S. 2006. At the DubHe hearine the Commission moyed_ t() I:~onunend approval.
11. EXHIBITS
A. Drawings
1. Preliminary Plat (Dated: August 23, 2006)
2. Landscape Plan (Dated: July 25, 2006)
B. Conditions of Approval
1. Planning Department
2. Public Works DepaJ.1111cnt
3. Fire Department
4. Police Department
5. Parks Department
6. Sanitary Service Company
Harpe Subdivision AZ-06-04I, rr-06-042
PAGE 9
CITY 01' MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMEBR 8, 2006
7. Ada County Highway District
8. Central District Health Department
C. Legal Description (not a~J)roved)
D. Rcquired Findings from Zoning Ordinance
Harpe Subdivision AZ-06-041, PP-06-042
PAGE 10
CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THb lftAKlNli VAlli UF NOVEMEBR 8, 2006
A. Drawings
1. Preliminary Plat (Dated: August 23, 2006)
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CITY OF MERIDIAN PLANNING DEPARlMENT STAFF REPORT FOR 1HE HEARING DATE OF NOVEMEBR 8, 2006
B. Conditions of Approval
1. PLANNING DEPARTMENT
1.1 ANNEXATION COMMENTS
1.1.1 The annexation legal description submitted with the application (prepared on June 15, 2006, by
Dennis Lewis, PLS) shows the property as contiguous to the existing corporate bOWldary of the
City of Meridian. Any future subdivision, uses, and construction on this property shall comply
with the City of Meridian ordinances in effect at the time of submittal.
1.1.2 Prior to the annexation ordinance apDroval. a DevelODment Allt'eement IDA) shall be entered into
between the City of Meridian. propertY owner (at the time of annexation ordinance adoption). and
the developer. The applicant shall contact the City Attorney, Bill Nary. at 888-4433 to initiate this
nrocess
1.2 SITE SPECIFIC REQUIREMENTS-PRELIMINARY PLAT
1.2.1 The preliminary plat labeled as Sheet 1, prepared by The Land Group, dated August 23,2006, is
approved, with the conditions listed herein. All comments and provisions of the accompanying
Annexation and Zoning application (AZ-06-041) and any future development agreement shall
also be considered conditions of the Preliminary Plat (pP-06-042).
1.2.2 The landscape plan prepared by The Land Group, Inc., on July 25,2006, and labeled Sheet Ll.O
is approved with the following modifications/notes:
. Per UDC 11-30-3B5 parkways that are used as common open spaee shall be a
minimum of eight feet wide from street curb to edge of sidewalk and contain one class
two tree for every 35 linear feet of parkway.
. The propolled micro pathways that connect N. Bright Angel Avenue to McMillan Road
and Locust Grove Road shall be constructed in accordance with UDC 11-3A-8. All
landscaping adjacent to the pathways shall meet the requirements outlined in 11-3B-12
including the requirement for one deciduous tree per 35 linear feet of pathway.
. Per UDC 11-3G-3A, set aside at least 9.9% (0..85 acres) of the site for useable open
spaee, as proposed.
. Per UDC 11-3B-I0, the applicant shall work with the City Arborist, Elroy Huff, on
designing, adopting, and implementing a protection and mitigation plan for the existing
trees on site.
. Provide a copy of the updated landscape plan showing the ehanges made to the
preliminary plat with the final plat application.
. A written certificate of completion should be prepared by the landscape architect,
designer, or qualified nurseryman rcspo11lliblc for thc landscape plan. All standards of
installation should apply as listed in UDC 11-3B-14.
The landscape plan is not to be altered without approval of the Planning and 7:oning Department.
No field changes to the landscape plan are pennitted. All standards of installation shall apply as
listed in UDC 11-3B-14. Submit a landscape plan, reflecting the changes/notes mentioned above,
with the final plat apptieation(s).
1.2.3 Provide public stub strocts to Lot 13 Blo",k I of tht; proposro subdivision amI to tht; Wood
property to the west (parcel #RI608650150) as proposed.
1.2.4 All buildings that span across proposed lot lines, or do not conform to the dimensional standards
(setbacks, height, etc.) of the UDC shall be removed, relocated or made to conform to city code,
prior to signature of the final plat by the City Engineer.
J::xhibit H
CITY OF MERIDIAN PLANNING DEP ARTMENT STAff KEPORT FOR TIlE HEARING DATE OF NOVEMEBR 8, 2006
1.2.5 The current design of the cul-de-sac at the north end ofN. Bright Angel Avenue does not meet
Fire Department standards for an emergency vehicle turnaround. The applieant shall work with
the Fire Department to ensure that the cul-de-sac or possible alternative meets :Fire Department
standards.
1.2.6 ACHD is requiring that an access easement be placed across all of Lot 2, Block 2 tor the required
temporarY emergency vehicle turnaround. Prior to signature of the final plat the applicant shall
work with staff to detennine the most eITecLivt'l way tu address this easement and ensure that Lot
2, Block 2 remains a non build lot until the stub street is extended. This lot shall be maintained
weed free until the easement is removed and the lot is developed.
.1.2.7 Maintenance of all common areas shall be the responsibility of the Harpe Subdivision
Homeowners Association.
1.2.8 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, and
waterways being used as amenities, that intersect, cross or lie within the area being subdivided
shall be covered. 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 prior to construction plan approvaL If lateral users association approval
can not be obtained, alternate plans will be reviewed and approved by the City Engineer.
1_~ GENERAL REQUIREMENTS-PRELlMlNAR Y PLA!'
1.3.1 Sidewalks/walkways shall be installed within the subdivision and on the perimeter of the
subdivision pursuant to UDC 11-3A-17.
1.3.2 The applicant shall comply with the outdoor lighting standards shown in UDC 11-3A-l1.
1.3.3 The City of Meridian requires that pressurized inigation systems be supplied by a year-round
source of water. The applicant should be required to utilize any existing surface or well water for
the primary source. If a surface or well source is not available, a single-point connection to the
culinary water system shall be required. If a single-point connection is utilized, the developer will
be responsible for the payment of assessments for the common areas prior to signature on the
final plat by the City Engineer. An underground, pressurized irrigation system should be installed
to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and
MCC 9-1-28.
1.3.4 A detailed landscape plan, in compliance with the landscape and subdivision ordinance, and as
noted in this report, shall be submitted for the subdivision with the final plat application. Where
the applicant has submitted a preliminary landscape plan and where staffhas reviewed such plan,
the landscaping shall be consistent with the preliminary plan with modifications as proposed by
staff.
1.3.5 The applicant shall submit a fencing plan with thc final plat application for thc subdivision. If
pennanent fencing is not provided, temporary construction fencing to contain debris must be
installed around the perimeter prior to issuance of a building pennit. All fences shall taper down
to 3 feet maximum within 20 feet of all right-of-way. All fencing should be installed in
accordance with UDC 11-3A-7.
1.3.6 Any tree over 4" in caliper that is removed from the property shall be replaced by installing
additional trees, being the equivalent number of caliper inches of trees that were removed.
Required landscaping trees will not be consiuaro as replacement trees [or thost'l trt'lt'ls lhat haVt'l to
be mitigated.
1.3.7 Staff's failure to cite specific ordinance provisions or terms of the approved
annexation/conditional use does not relieve the applicant of responsibility for compliance.
l::xhibitH
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATI: OF NOVEMEBR 8, 2006
1.3.8 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6B-7.
2. PUBLIC WORKS DEPARTMENT
2.1 Sanitary sewer selVice to this development is being proposed via extension of mains installed in
Havasu Creek Subdivision to the south. The applicant shedl iU:slcilllllams lo and through this
development; applicant shall coordinate main size and routing with the Public Works
Department. and execute standard fonns of easements for any mains that are required to provide
service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is
less than three feet than alternate materials shall be used in conformance of City of Meridian
Public Works Departments Standard Specifications.
2.2 Water service to this site is being proposed via extension of mains in Havasu Creek Subdivision
to the south. The applicant shall be responsible to install water mains to and through this
development, coordinate main size and routing with Public Works.
23 Any potential reimbursement agreements must comply with all requirements of City Code ~-1-13
and 9-4-19, which includes the preliminary agreement (which includes footage, size, and depth of
reimbursable pipe) being finalized prior to construction plan approval. The detailed agreement
with the reimbursable amount shall be approved by Council prior to plat signature.
2.4 The applicant shall provide a 20-foot easement for all public water/sewer mains outside of public
right of way (include all water services and hydrants).
2.5 The applicant has not indicated the pressure irrigation system in this proposed development is to
be maintained as a private system, therefore plans and specifications will be reviewed by the
Public Works Department as part of the construction plan review. A "draft eopy" of the
operations and maintenance manual will be required prior to plan approval with the "ftnal draft"
being required prior to final plat signature on the last phase of this project.
2.6 The City of Meridian requires that pressurized irrigation systems he supplied hy a year-round
SOlU'Ce 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 source is not available, a single-point
connection to the culinary water system shall be required. If a single-point connection is utilized,
the developer will be responsible for the payment of assessments for the common areas prior to
signature on the final plat by the City Engineer.
2.7 All existing houses that are to remain on site shall be required to connect to City selVices. The
applicant shall be responsible for the payment of assessments prior to signature on the final plat
and the actual physical connection to the services prior to issuance of Certificates of occupancy.
2.8 Prior to signature on the final plat the applicant shall vacate the easements that were dedicated
along the interior lot lines of the original Crestwood Subdivision.
2.9 All existing structures not meeting sethacks or meeting the dimensional standards of the UDC
shall be removed prior to signature on the final plat by the City Engineer.
2.10 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
n::quirc=mcut emu comply with all landscape requirements.
2.11 Additional width to the public utilities, drainage and irrigation easement along the right-of way
shall bl:: dl::dicaLl::d what; thl;; sidl;;walk. is IOl,;atl;;u p~t thtl right-uf-way. 1111;; auuitioual widUl
needs to be sufficient to allow for 10 feet of easement past the sidewalk.
2.12 Any existing domestic wells and/or septic systems within this project shall be removed from
domestic serviee per City Ordinance Section 9-1-4 and 94-8. Wells may be used for non-
domestic purposes such as landscape inigation.
Exhibit B
CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMEBR 8, 2006
2.13 Per UDe 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, 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 prior
to plan approval. If lateral users association approval can not be obtained, alternate plans will be
reviewed and approved by the City Engineer.
2.14 Street signs are to be in place, water system shall be approved and activated, feneing installed,
drainage lots constructed, road base approved by the Ada County Highway District and the Final
Plat for this subdivision shall he recorded, prior to applying fOT huilding permits_
2.15 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.
2.16 All development improvements, including but not limited to sewer, fencing, micro-paths,
pressurized irrigation and landscaping shall be installed and approved prior to obtaining
certificates of occupancy.
2.17 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.
2.18 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.
2.19 Applicant shall be responsible for application and compliance with and NPDES Pemrltting that
may be required by the Environmental Protection Agency.
2.20 Applicant shall be responsible for application and compliance with any Section 404 Permitting
that may be required by the Amly Corps of Engineers.
2.21 Developer shall coordinate mailbox locations with the Meridian Post Office. Where mailboxes
are located on or near sidewalk the applicant shall comply with all American with Disabilities Act
requirements for unobstructed sidewalk access.
2.22 Compaction test results shall be submitted to the Meridian Building Department for all building
pads receiving engineered backfill, where footing would sit atop fU.l material.
2.23 The engineer shall be required to certify that the street centerline elevations are set a minimum of
3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom
elevation of the erawl spaces of homes is at least l.foot above.
2.24 One hundred watt, high-pressure sodium streetlights, on 2S' pole shall be required on all publie
residential streets. Two-hundred and fifty watt high pressure sodium streetlights, on 30' pole
shall be required on subdivision entrances and collector roadways. Design of the streetlights shall
be approved by the Public Works Department. Decorative lights require a streetlight agreement
on me with Public Works prior to activation. All streetlights shall be installed at subdivider's
expense. Typical locations are at street intersections and/or fire hydrants, and no further than
400' distanee in between locations. Final design locations and quantity are determined after
power designs are compleled by Idahu Powt::r Company. The slreellighL cunlracLur shall ublaiIl
approval from the Public Works Department, and pennit from Building Department prior to
commencing installations.
3. FIRE DEPARTMENT
3.1 One and two family dwellings will require a fire-tlow of 1,000 gallons per minute available for
duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 500 feet
apart. International Fire Code Appendix C.
Exhibit B
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMEBR 8, 2006
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 fire hydrant locations shall be by the Meridian Fire Department.
a. Fire Hydrants shall have the 4 7'1" 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 HydranLs shall be placed on comers when spacing permits.
e. Fire hydrants shall not have any vertical obstructions 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 !Fe Seetian 509.5.
h. Show all proposed or existing hydrants for all new construction or additions to existing
buildings within 1,000 feet of the proj ect.
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 tum around. (The proposed cul-de-
sac at the north end ofN. Bright Angel Avenue does not meet the turnaround requirements.)
3.5 All entrance and internal roads, alleys, and cul~de-sacs shall have a tuming radius of 28' inside
and 48' outside radius.
3_6 All common driveways shall be straight or have a turning radius of 28' inside and 48' outside and
shall have a clear driving surface which is 20' wide.
3.7 Operational fire hydrants, temporary or pennanent street signs and access roads with an all
weather surface are required before combustible construction is brought on site.
3.M The proposed 22-10t subdivision with an estimated 2.9 residents per household would have a total
estimated population of 64 residents at build out.
3.9 All portions of the buildings located on this project must be within 150' of a paved surface as
measured around the perimeter of the building.
3.10 Where a portion of the facility or building hereafter constructed or moved into or within the
jurisdiction is more than 400 feet (122 m) from a hydrant on a fIre apparatus access road, as
measured by an approved route around the exterior of the facility or building, on-site fire hydrants
and mains shall be provided where required by the code official. For buildings equipped
throughout with an approved automatic sprinkler system installed in accordance with Section
903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183).
a. For Group R~3 and Group U oeeupancics, the distance requirement shall be GOO feet (183
m).
b. For buildings equipped throughout with an approved automatic sprinkler system
installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall
be 600 feet (183 m).
4. POLICE DEPARTMENT
4.1 All interior fencing shall allow visibility from the street or shall not exceed four feet in height if
solid fencing is used.
4.2 The micro paths shall be adequately lit to afford greater visibility of the site as policed from the
public street.
4.3 The sluubbery along the micro-pathways shall not exceed two feet in height at maturity.
4.4 The southern tenninus of the proposed micro-pathway connecting to McMillan road shall tie
Exhibit B
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMEBR 8, 2006
directly into the sidewalk along North Bright Angel Avenue.
5. PARKS DEPARTMENT
5.1 Standard for Mitigation of Trees: The standard established in the City of Meridian Landscape
Ordinance (UDC 11-3B-1O) will be followed.
5.2 Standard Plan for Protection of Existing Trees during Construction: The standard established in
the City of Meridian Landscape Ordinance (UDC 11-3B-1O) will be followed.
6. SANITARY SERVICE COMPANY
6.1 sse has no comments related to this application.
7. ADA COUNTY HIGHWAY DISTRICT (DRAFT COMMENTS RECEIVED ON 8/21/06)
7.1. SITE SPECIFIC REQUIREMENTS
7 _1.1 Construct the internal streets as 33-foot street sections with rolled curb, gutter, and 8-foot planter
strips within 50-feet of right-of-way; and 5-foot detached concrete sidewalks within an easement;
and obtain fire department approval for the reduced street sections.
7.1.2 Construct the stub street to the west approximately 160-feet north of the south property line as the
internal street section. This street should be signed as follows: "TInS STREET WILL BE
EXTENDED IN THE FUTURE."
7.1.~ Construct the second proposed stub street to Lot 13 of Block 1, located 165-feet south of the
north property line as the internal street section, with a fully improved turnaround at the tenninus
(utilizing a minimum turning radius of 45-feet). Where the right-of-way ends at the property line,
the applicant should install signage stating: "TIllS STREET WILL BE EXTENDED IN THE
FUTURE,"
7.1.4 Obtain fife department approval for the use of the temporary emergency turnaround on Lot 2 of
Block 2, and provide the easement across the entire lot prior to signing the final plat.
7.1.5 ConstnJ.ct a 5-foot concrete sidewalk located no closer than 2-feet off of the right-of-way line
(back of walk to ROW) for McMillan Road. If the sidewalk is loeated outside of the right-or-way,
the applicant should provide a sidewalk easement. Any existing driveway access to MeMillan
Road should be closed to match improvements; thereby restricting all of the site's access to the
internal, streets.
7.1.6 Dedicate 45-feet of right-or-way from the centerline of McMillan Road from the west property
line to 33S-feet east of the west property line by means of a warranty deed. The frontage on
McMillan Road from 335-feet east of the west property line to 435-feet east of the west property
line should taper to 59-feet from centerline; continued to the intersection with Locust Grove.
Note: The original proposed right-of-way for McMillan Road is accurate with the exception of
the location of the taper. The taper length is accurate, however it should begin 100-feet from the
intersection rather than the proposed gO-feet. This will shift the starting point and ending point of
the taper 20-feet to the west, as noted in the diagram below.
7.1.7 Construct a 5-foot eoncrete sidewalk located no closer than 2-feet off of the right-of-way line
(back of walk to ROW) for Locust Grove Road. If the sidewalk is located outside of the rigbt-of-
way, the applicant should provide a sidewalk easement. Any existing driveway access to Locust
Grove Road should be clo::;t:d tu match improvements; thereby restricting all of the site's access
to the internal streets.
7.1.8 Dedicate 35-feet of right-of-way from the centerline of Locust Grove Road abutting the parcel by
means of a warranty deed, and dedicate the northeast property comer (chamfer the radius) to
facilitate the constmction of improvements for the planned signalized intersection (flee attached
Exhibit B
CITY OF MERIDIAN PLANNING DEPARlMENT STAFF RJ:;PORT FOR THE HEARING DATE OF NOVEMEBR 8, 2006
diagram). The exact design of the comer should be determined by the District Development
Review.
7.1.9 No direct lot access may be taken from either Locust Grove Road or MeMillan Road.
7.1.10 Comply with all Standard Conditions of Approval.
7.2
7.2.1
7.2.2
7.2.3
7.2.4
7.2.5
7.2.6
7.2.7
7.2.8
7.2.9
7.2.10
7.2.11
7.2.12
7.2.13
Exhibit B
GENERAL REQUIREMENTS
Any existing irrigation facilities shall be relocated outside of the right-of.way.
Private sewer or water systems are prohibited from being located within any AClID roadway or
right-of-way.
All utility relocation costs associated with improving street frontages abutting the site shall be
borne by the developer.
Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the
construction of the proposed development. Contact Construction Services at :\R7-62RO (with file
number) for details.
Comply with the District's Tree Planter Width Interim Policy.
Utility street cuts in pavement less than five years old are not allowed unless approved in writing
by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for
details.
An d~ign and constmction shall be in accordance with the Ada County Highway Distriet Poliey
Manual, ISPWC Standards and approved supplements, Construction Services procedures and all
applicable AClID Ordinances unless specifically waived herein. An engineer registered in the
State of Idaho shall prepare and certifY all improvement plans.
The applicant shall submit revised plans for staff approval, prior to issuance of building pennit
(or other required permits), which incOTporates any required design changes_
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_
Payment of applicable road impact fees is required prior to building construction in accordance
with Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance.
It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The
applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The
applicant shall be required to call DIGLINE (1.800.342~1585) at least two full business days
prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic
Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during
any phase of construction.
No change in the tenns and conditions of this approval shall be valid unless they are in writing
and signed by the applicant or the applicant's authorized representative and an authorized
representative of the Ada County Highway District. The burden shall be upon the applieant to
obtain written confinnation of any change from the Ada County Highway District.
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, or
other regulatory and legal restrictions in force at the time the applicant or its successors in interest
advises the Highway District of its intent to change the planned use of the subj ect property unless
a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect
CITY OF MERIDIAN PLANNING OfP ARlMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMEBR 8, 2006
at the time the change in use is sought.
8. SETTLERS' IRRIGATION DISTRICT
8.1 All irrigation / drainage facilities along with their easements must be protected and continue to
function. The facility is the Parkins Nourse Lateral. Contact SID for additional irrigation
requirements.
8.2 A Land Use Change Application must he on file prior to any approvals.
8.3 A license agreement MUST be signed and recorded prior to construction of any S.I.D. facilities.
8.4 Any changes to the existing irrigation system such as relocation, tiling, and landscaping must be
approved by Settlers Irrigation District. .
8.5 All storm drainage must be retained on-site.
8.6 A pressure irrigation system must be provided to service aU lots with irrigation water.
Exhibit B
CITY Of MERIDIAN PLANNING DEPARTMENt STAFF REPORT FOR TIIE HEARING DATE OF JUt Y 20, 2006
c. Legal Description (not ann roved)
1'111; 1.01"0 GI\OUI'. 1:>:1':,
June 14,2006
Pmject No. 060 18
AnnelCluon Legal Description
J Any C. Harpe
8.95 Acres
R~:f\OVAy"i I _,
6V I _."",1__
MERIDIAN PUBLIC
WORKS O,,;oT.
ANNEXATION LEGAL
A rract ona"d .itua,c.! in .'he Nordle:l.sl One Quaner of the Northea.t One QII.rree of Seoot1on 31,
Township 4 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, described as
follows:
C:omm""cing at a found bra.. cap ,",UllUmenUng the Northeast Cotnn ot said Section 31 being the
POINT OF BEGINNIt':G.
.1 'hem;e fnllowlI1g the eastedy line of se<:tio" 31 South 00033'04" Woos. .. di.....""e uf 660.00
feet to point;
Thence North 89046'38" West a distance of 250.00 feet to a found Ii, inch steel pin;
ThC<lcC )Joerh 81)058'2,1" W".. . di"a""" of 340.37 fce. to a point; -
n,cncc No[[h OO~33'04" Ea_r a d1>tance ot 661.18 feet to a poilll 011 the northerly line of
said Section 31;
Thence following the northerly line of seetion 31 South 89.46'~:;" E... . distance of
590.36 feet to The POINT OF BEGtNNlNG.
Prepared By:
THE LAND GROUP. INC.
462 E. Shore Drive, Suite ]00
Eagle, Idaho 83616
208-939-4041
208-939-4445 (FAX)
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Exhibit C
CJIT OF MERIDIAN PLANNING DEP ARlMENT STAFF REPORT FOR THE HEARING DATE OF nJL Y 20,2006
SrTUATEO IN THE NORlHEAST 1/4 'OF THE NORT1-EAST 1/4
OF SECTION 31 TOWNSHIP 4 NORTH, RANGE 1 EAST,
8.M.. CITY a= MERlClAN, ADA COUNTY, DAHO
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EXHIBIT"W
ANNEXATION PROPERTY
HARPE SUBOIVISION
Exhibit C
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFf REPORT FOR THE HEARING DATE OF JULY 20,2006
D. Required Findings from Zoning Ordinance
1. Annexation Findings:
Upon recommendation from the Commission, the Council shall make a full investigation
and shall, at tbe public hearing, review tbe application. In order to grant an annexation
and/or rezone, the Council shall make the following findings:
1. The map amendment complies with the applicable provisions of the comprehensive
plan;
The applicant is proposing to zone all of the subject property to R-8, Council fmds that ~
Dortion of this site should be zone R-4. not R-8. Council finds that the proposed zoning
map amendment complies with the applicable provisions of the Comprehensive Plan.
Please see Comprehensive Plan Policies and Goals, Section 8, of this Staff Report.
2. The map amendment complies with the regulations outlined for the proposed
district, specifically the purpose statement;
Council fwds that single-family residential uses are allowed within the requested zoning
district of R-8 as a Principally Permitted Use. The accompanying plat demonstrates the
land will be developed with varying lot sizes and other dimensional requirements which
conform to the proposed zoning designation.
3. The map amendment sball not be materially detrimental to the public health, safety,
and welfarc;
Council finds that the proposed zoning amendment will not be detrimental to the public
health, safety, or welfare. Staff recommends that the Commission and Council rely on
any oral or written testimony that may be provided when determining this finding.
4. The map amendment shall not result in an adverse impact upon the delivery of
services by any political subdivision providing public services within the City
including, but not limited to, school districts; and,
Couneil finds that the proposed zoning amendment will not result in any adverse impact
upon delivery of services by any political subdivision providing serviccs to this site, as
eonditioned in the staff report.
5. The annexation is in the best of interest ofthe City (UDC 1l-SB-3.E).
Council fmds that all essential services will be provided by the developer to the subj ect
property and will not require unreasonable expenditure of public funds. Thc applicant is
proposing to develop the land in general compliance with the City's Comprehensive Plan;
and this is a logical expansion of the City limits. In accordance with the findings listed
above, Council f"mds that Annexation and Zoninl! of this property to R-8 and R-4 would
be in the best interest of the City,
2. Preliminary Plat Findings:
In consideration of a preliminary plat, combined preliminary and final plat, or short plat,
the decision-making body shall make the following findings:
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 supports the proposed density and proposed plat layout,
Exhibit 0
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 20,2006
with recommended changes, as they eomply with the provisions of the Comprehensive
Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report.
2. Public services are avallable or can be made available and are adequate to
accommodate the proposed development;
Council finds that public services ean he made aV311ahle to accommodate the proposed
development. (See Finding Items 3 and 4 above under Annexation Findings for more
details.)
3. The plat is in conformance with SCheduled pUblic improvements in accord with the
City's capital improvement program;
Because the developer is installing sewer, water, and utilities for the development at their
own cost, staff ftnds that the subdivision will not require the expenditure of capital
improvement funds.
4. There is public financial capability of suPportiD2 services for the proposed
development;
Staff recommends the Commission and Council rely upun comments from the public
service providers (i.e., Police, Fire, ACHD, etc.) to determine this finding. (See Exhibit
B, Agency Comments and Conditions, for more detail.)
5. 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 that should be brought to the Council or Commission's
attention. ACHD considers road safety issues in their analysis. Staff recommends that
the Commission and Council reference any public testimony that may he presented to
determine whether or not the proposed subdivision may cause health, safety or
environmental problems of which staff is unaware.
6. The development preserves significant natural, scenic or historic features.
Council is unaware of any natural, scenic, or historic features on this site. Therefore,
staff fmds that the proposed development will not result in the destruction, loss or
damage of any natural. scenic or historic tea1ure(s) of major importance. Staff
recommends that the Commission and Council reference any public testimony that may
be presented to determine whether or not the proposed development may destroy or
damage a natwal or scenic feature(s) of major imponance ofwhieh staff is unaware.
Exhibit D