Solitude Subdivision AZ 06-007 (2)
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ADA COUNTY RECORDER J. DAVID NAVARRO
BOISE IDAHO 07/27/07 12:04 PM
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Meridian City 107106319
AMOUNT
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ADDENDUM TO THE DEVELOPMENT AGREEMENT
PARTIES: 1.
2.
3.
City of Meridian
Providence Development, LLC, Developer
Solitude Development, LLC, Owner
The following is an addendum to that certain DEVELOPMENT AGREEMENT, entered into
on the 8th day of August, 2006. This addendum is made and entered into this I rel:::J day
of Or- i o~e R.. , 2006, by and between CITY OF MERIDIAN, a municipal
corporation of the State of Idaho, hereafter called CITY, Providence Development, LLC,
whose address is 701 S. Allen Street, Meridian, Idaho, 83642, hereinafter called
DEVELOPER, and Solitude Development, LLC, whose address is 701 S. Allen Street, #106,
Meridian, Idaho 83642, hereinafter called OWNER.
OWNER and DEVELOPER agree to be bound by the temlS of the original
Development Agreement (instrument # 106133466), approved on August 8, 2006 on the land
described in Exhibit "A", except as specifically regarding the following items:
1. The parties hereto agree that the development of the property described in Exhibit
"A" shall be in accordance with the terms of the above described Development
Agreement, exhibit "B", or those City ordinances in effect at that time any
subsequent conditional use application is filed, whichever are more restrictive.
2. That the original Development Agreement, Instrument # 106133466, approved on
August 8, 2006, and recorded on August 17, 2006, be amended by modifying the
following:
. Page 3, Section 4.1 - deleting the allowed uses section as follows:
((Construction and development of a Certificate of Zoning Compliance
shall be submitted to the City of Meridian prior to a future development in
the R-8 zone, and the pertinent provisions of the City of Meridian
Comprehensive Plan are applicable to this AZ-007 application. "
:This Section 4.1 shall be replaced with the following allowed uses:
nConstruction and development of a residential subdivision with 225 single-
family residential building lots and 9 common lots on 59.88 acres in the R-8
zone pertinent to this AZ 06-007 application. "
3. That Owner and/or Developer agree to abide by all ordinances of the City of
Meridian and the Property shall be subject to de-mmexation ofthe Owner and/or
Developer, or their assigns, heirs, or successor shall not meet the conditions of
this addendum to the Development Agreement, and any new Ordinances of the
City of Meridian as herein provided.
ADDENDUM TO DEVELOPMENT AGREEMENT (AZOG-007) SOLITUDE SUBDIVISION
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4. This addendum shall be binding upon and insure to the benefit of the parties'
respective heirs, successors, assigns and personal representatives, including City's
corporate authorities and their successors in office. This second addendum shall
be binding on the Owner and/or Developer ofthe Property, each subsequent
owner and any other person(s) 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 hereon
and any successor owner or owners shall be both benefited and bound by the
conditions and restrictions herein expressed. City agrees, upon written request of
Owner and/or Developer, to execute appropriate and recordable evidence of
termination of this addendum if City, in its sole and reasonable discretion, had
determined that Owner and/or Developer have fully performed their obligations
under this Addendum.
5. If any provision of this addendum is held not valid by a court of competent
jurisdiction, such provision shall be deemed to be excised from this addendum
and the invalidity thereof shall not affect any of the other provisions contained
herein.
6. This addendum sets forth all promises, inducements, agreements, condition, and
understandings between Owner and/or Developer and City relative to the subject
matter herein, and there are no promises, agreements, conditions or understanding,
either oral or written, express or implied, between Owner and/or Developer and
City, other than as are stated herein. Except as herein otherwise provided, no
subsequent alteration, amendment, change or addition to this second addendum
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.
a. Except as herein provided, no condition governing the uses and/or
conditions governing development of the subject Property herein provided
for can be modified or amended within 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.
7. This addendum shall be effective as of the date herein above written.
ADDENDUM TO DEVELOPMENT AGREEMENT (AZ06-007) SOLITUDE SUBDIVISION
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ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement and
Made it effective as hereinabove provided.
OWNER:
PROVIDENCE DEVELOPMENT GROUP, LLC
p~
E. Don Hubble
BY:
DEVELOPER:
SOLITUDE DEVELOPMENT, LLC
{lJ/ik
E. Don Hubble
BY:
CITY OF MERIDIAN
Attest:
ADDENDUM TO DEVELOPMENT AGREEMENT (AZ06-007) SOLITUDE SUBDIVISION
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STATE OF IDAHO, )
: ss
County of Ada, )
On this }L \-'!-'"day of ~kJ\./ ,,-- , 2006, before me, the undersigned, a Notary
Public in and for said State, personally appeared E. Don Hubble, known or identified to me to be
the Manager of Providence Development Group, LLC, acknowledged to me that he executed the
same on behalf of said corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year in this certificate first above written.
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STATE OF IDAHO, )
: ss
County of Ada, )
On this I G '~ day of L~~- lJu.I~ , 2006, before me, the undersigned, a
Notary Public in and for said State, personally appeared E. Don Hubble, known or identified to
me to be the Manager of Solitude Development, LLC, acknowledged to me that he executed the
same on behalf of said corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year in this certificate first above written.
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ADDENDUM TO DEVELOPMENT AGREEMENT (AZ06-007) SOLITUDE SUBDIVISION
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STATE OF IDAHO )
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County of Ada )
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On this .t..'" day of , 200~, before me, a Notary Public,
personally appeared Tammy de Weerd and Will am 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.
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otary Public for Idaho
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ADDENDUM TO DEVELOPMENT AGREEMENT (AZ06-007) SOLITUDE SUBDIVISION
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Legal Description
.
IDAHO
SURVEY
GROUP
1450 &$t Watel"lOWer 5t.
Suite 'SO
Meridian. Idaho 83642
Phone (208) 846-8570
Fax (208) 884.53"
January 12, 2006
Proposed Solitude Place SubdivisioD
A parcel of land located in Government Lots 1 and 2, and the NE ~ of the NW Y.i
and the SE Yo of the NW Yo, of Section 31, T.4 N., R.1E., a.M., Ada County, Idaho, motc
particularly described as (oHows: Commencing at the NW comer ofthe said Section 31,
the REAL POINT OF BEGINNING;
Thence along Ihe North boundary of said Section 3 I North 89059'15" Easl,
1413.56 feet;
Thence South 00013'56" West, 1994.73 feel to the SE comer ohhe W!Ii of the
NW Y.i of the SE V. of the NW Y. Msaid Seelion 31;
Thence along the Soulh boundary of said W Yi of the NW V. of tIll: SE Y. of Ihe
NW v., and ofGovemment Lot 2 oCthe said Section 31 South 89057'50" West, 1418.57
feet to a point 011 lIle WeSl boundary of said Section 31;
TIlcnce along said West boundary North 00015'10" East, 1150.10 feel;
Thence South 89049' 50" East, 484.45 feet;
Thence North 00010'22" East, 467.89 [eet;
Thence North 89049'50" Wesl, 483.77 feet 10 a point on the West boundary of
said Seclion 31 ;
Thence along said Wesl boundary Nortb 00015'20" East, 377.37 feet to the
POINT OF BEGINNING. Containing 59.88 acres, more or less.
TIus description written from data of record without benefit ofa field survey.
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p,.ofe$s;onal Land Surveyors
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ADA COUNTY RECORDER J. DAVID NAVARRO
BOISE IDAHO 08117108 01:17 PM
DEPUTY Palli Thompson
RECORDED-REQUEST OF
City 01 Meridian
AMOUNT .00
41
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DEVELOPMENT AGREEMENT
PARTIES:. 1.
2.
3.
City of Meridian
Providence Development Group, LLC, Developer
Solitude Development, LLC, Owners
THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and
entered into this "Z.T"t.!lday of J\A.\v ,2006, by and between City of Meridian, a
municipal corporation of the St~after called "CITY", Providence Development
Group, LLC, whose address is 701 S. Allen Street, Meridian, Idaho 83642, hereinafter called
"DEVELOPER", and Solitude Development, LLC, whose address is 701 S. Allen Street, # 106,
Meridian, Idaho 83642, hereinafter called "OWNER".
1.
RECITALS:
1.1 WHEREAS, "Owner" are the sole owners, in law and/or equity, of
certain tract of land in the County of Ada, State ofIdaho, described in
Exhibit A for each owner, which is attached hereto and by this
reference incorporated herein as if set forth in full, herein after referred
to as the "Property"; and
1.2 WHEREAS, I.C. S 67 -6511A, Idaho Code, provides that cities may, by
ordinance, require or permit as a condition of re-zoning that the
"Developer" and/or "Owner" make a written commitment concerning
the use or development of the subject "Property"; and
1.3 WHEREAS, "City" has exercised its statutory authority by the
enactment of the Unified Development Code, which authorizes
development agreements upon the annexation and/or re-zoning ofland;
and
1.4 WHEREAS, "Developer" has submitted an application for annexation
and zoning of the "Property's" described in Exhibit A, and has
requested a designation of (R-8) Medium Density Residential District,
(Mwricipal Code of the City of Meridian); and
1.5 WHEREAS, "Developer" and/or "Owner" made representations at the
public hearings both before the Meridian Planning & Zoning
Commission and before the Meridian City Council, as to how the
subject "Property" will be developed and what improvements will be
made; and
DEVELOPMENT AGREEMENT (AZ 06-007) SOLITUDE SUBDMSION
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1.6 WHEREAS, record of the proceedings for the requested annexation
and zoning designation of the subject "Property" held before the
Planning & Zoning Commission, and subsequently before the City
Council, include responses of government subdivisions providing
services within the City of Meridian planning jurisdiction, and received
fUrther testimony and comment; and
1.7 WHEREAS, City Council, the 11 th day of April, 2006, has approved
certain Findings of Fact and Conclusions of Law and Decision and
Order, set forth in Exhibit B, which are attached hereto and by this
reference incorporated herein as if set forth in full, hereinafter referred
to as (the "Findings"); and
1.8 WHEREAS, the Findings require the "Developer" and/or "Owner" to
enter into a development agreement before the City Council takes final
action on annexation and zoning designation; and
1.9 "DEVELOPER" and/or "OWNER" deem it to be in their best
interest to be able to enter into this Agreement and acknowledges that
this Agreement was entered into voluntarily and at their urging and
requests; and
1.10 WHEREAS, "City" requires the "Developer" and/or "Owner" to enter
into a development agreement for the purpose of ensuring that the
"Property" is developed and the subsequent use of the "Property" is in
accordance with the terms and conditions of this development
agreement, herein being established as a result of evidence received by
the "City" in the proceedings for zoning designation from government
subdivisions providing services within the planning jurisdiction and
from affected property owners and to ensure re-zoning designation is in
accordance with the amended Comprehensive Plan of the City of
Meridian adopted August 6, 2002, Resolution No. 02-382, and the
Zoning and Development Ordinances codified in Meridian City Code
Title 11, Unified Development Code.
NOW, THEREFORE, in consideration of the covenants and conditions set
forth herein, the parties agree as follows:
2. INCORPORATION OF RECITALS: That the above recitals are contractual
and binding and are incorporated herein as if set forth in full.
DEVELOPMENT AGREEMENT (AZ 06-007) SOLITUDE SUBDIVISION
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3. DEFINITIONS: For all purposes of this Agreement the following words,
terms, and phrases herein contained in this section shall be defined and interpreted as herein
provided for, unless the clear context of the presentation 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 ofIdaho, whose address is 33 East Idaho Avenue,
Meridian, Idaho 83642.
3.2 "DEVELOPER": means and refers to Providence Development
Group, LLC, whose address is 701 S. Allen Street, Meridian, Idaho
83642, the party developing said "Property" and shall include any
subsequent developer(s) of the "Property".
3.3 .'OWNER": means and refers to Solitude Development, LLC, whose
address is 701 S. Allen Street, #106, Meridian, Idaho 83642, the party
that owns said "Property" and shall include any subsequent owner(s) of
the "Property".
3.4 "PROPERTY": means and refers to that certain parcel(s) of
"Property" located in the County of Ada, City of Meridian as described
in Exhibit A describing the parcels to be annexed and zoned R-8
(Medium Density Residential District) attached hereto and by this
reference incorporated herein as if set forth at length.
4.
USES PERMITTED BY TIDS AGREEMENT:
4.1 The uses allowed pursuant to this Agreement are only those uses
allowed under "City's" Zoning Ordinance codified in Meridian City
Code Section 11 which are herein specified as follows:
Construction and development of a Certificate of Zoning Compliance
shall be submitted to the City of Meridian prior to a future
development in the R-8 zone, and tlte pertinent provisions oftlte City
of Meridian Comprehensive Plan are applicable to this AZ 06-007
application.
4.2 No change in the uses specified in this Agreement shall be allowed
without modification of this Agreement.
DEVELOPMENT AGREEMENT (AZ 06-007) SOLITUDE SUBDIVISION
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5. CONDITIONS GOVER1~ING DEVELOPMENT OF SUBJECT
PROPERTY;
5.1. "Developer" andlor "Owner" shall develop the "Property" in accordance with
the following special conditions;
5.1.1. That all future uses shall not involve uses, activities, processes,
materials, equipment and conditions of operation that will be
detrimental to any persons, property or the general welfare by reason of
excessive production of traffic, noise, smoke, fumes, glare or odors.
5.1.2. That all future development of the subject property shall be constructed
in accordance with City of Meridian ordinances in effect at the time of
the development.
5.1.3. That the applicant be responsible for all costs associated with the sewer
and water service extension.
5.1.4. That any existing domestic wells and/or septic systems within this
project will have to be removed from their domestic service, per City
Ordinance Section 5-7-517, when services are available from the City
of Meridian. Wells may be used for non-domestic purposes such as
landscape irrigation.
5.1.5. That the applicant voluntarily agrees to construct a pedestrian pathway
along Meridian Road in front of the 5-acre out-parcel. A pedestrian
pathway along Meridian Road that extends the entire length of the
western subdivision boundary (including the 5-acre out.parcel) shall be
installed prior to occupancy of any new dwelling units on this property.
6. COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and
the commitments contained herein shall be terminated, and the zoning designation reversed,
upon a default of the "Developer" and/or "Owner" or "Developers" andlor "Owners" heirs,
successors, assigns, to comply with Section 6 entitled "Conditions Governing Development of
Subject Property" of this agreement within two years of the date this Agreement is effective,
and after the "City" has complied with the notice and hearing procedures as outlined in Idaho
Code 9 67-6509, or any subsequent amendments or recodifications thereof.
7. CONSENT TO DE-ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
DEVELOPMENT AGREEMENT (AZ 06-007) SOLlTUDE SUBDIVISION
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"Developer" and/or "Owner" consents upon default to the reversal of the
zoning designation of the "Property" subject to and conditioned upon the following conditions
precedent to-wit:
7.1 That the "City" provide written notice of any failure to comply with this
Agreement to "Developer" and/or "Owner and if the "Developer"
and! or "Owner" fails to cure such failure within six (6) months of such
notice.
8. INSPECTION: "Developer" and/or "Owner" shall, immediately upon
completion of any portion or the entirety of said development of the "Property" as required
by this agreement or by City ordinance or policy, notify the City Engineer and request the
City Engineer's inspections and written approval of such completed improvements or portion
thereof in accordance with the terms and conditions of this Development Agreement and all
other ordinances of the "City" that apply to said Development.
9.
DEFAULT:
9.1 In the event "Developer" and/or "Owner", or "Developer's" and/or
"Owner's" heirs, successors, assigns, or subsequent owners of the
"Property" or any other person acquiring an interest in the "Property",
fail to faithfully comply with all of the terms and conditions included
in this Agreement in 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.
DEVELOPMENT AGREEMENT (AZ 06.007) SOLITUDE SUBDIVISION
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11. ZONING: "City" shall, following recordation of the duly approved
Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein.
12. REMEDIES: lbis 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 ofamaterial breach of this Agreement, the parties agree
that "City" and "Developer" and/or "Owner" shall have thirty (30)
days after delivery of notice of said breach to correct the same prior to
the non-breaching party's seeking of any remedy provided for herein;
provided, however, that in the case of any such default which cannot
with diligence be cured within such thirty (30) day period, if the
defaulting party shall commence to cure the same within such thirty
(30) day period and thereafter shall prosecute the curing of same with
diligence and continuity, then the time allowed to cure such failure
may be extended for such period as may be necessary to complete the
curing of the same with diligence and continuity.
12.2 In the event the performance of any covenant to be performed
hereunder by either "Developer" and/or "Owner" or "City" is delayed
for causes which are beyond the reasonable control of the party
responsible for such performance, which shall include, without
limitation, acts of civil disobedience, strikes or similar causes, the
time for such performance shall be extended by the amount of time of
such delay.
13. SURETY OF PERFORMANCE: The "City" may also require surety
bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as
allowed under Meridian City Code, to insure that installation 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".
DEVELOPMENT AGREEMENT (AZ 06-007) SOLITUDE SUBDIVISION
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1 S. ABIDE BY ALL CITY ORDL~ANCES: That "Developer" and/or
"Owner" agree to abide by all ordinances of the City of Meridian and the "Property" shall be
subject to dew annexation if the owner or his assigns, heirs, or successors shall not meet the
conditions contained in the Findings of Fact and Conclusions of Law, this Development
Agreement, and the Ordinances of the City of Meridian.
16. NOTICES: Any notice desired by the parties and/or required by this
Agreement shall be deemed delivered if and when personally delivered or three (3) days after
deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt
requested, addressed as follows:
CITY:
DEVELOPER:
c/o City Engineer
City of Meridian
33 E. Idaho Ave.
Meridian, ill 83642
Providence Development Group, LLC
Attn: Justin Hubble
701 S. Allen
Meridian, ill 83642
OWNER:
Solitude Development, LLC
Attn: Justin Hubble
701 S. Allen, #106
Meridian,ID 83642
with copy to:
City Clerk
City of Meridian
33 E. Idaho Avenue
Meridian, ID 83642
16.1 A party shall have the right to change its address by delivering to the
other party a written notification thereof in accordance with the
requirements 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
DEVELOPMENT AGREEMENT (AI 06.007) SOLITUDE SUBDIVISION
PAGE 7 OF 11
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any other relief as may be granted, to court costs and reasonable attorney's fees as
determined by a Court of competent jurisdiction. This provision shall be deemed to be a
separate contract between the parties and shall survive any default, termination or forfeiture
of this Agreement.
18. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree
that time is strictly of the essence with respect to each and every term, condition and
provision hereof, and that the failure to timely perform any ofthe obligations hereunder shall
constitute a breach of and a default under this Agreement by the other party so failing to
perform.
19. BINDING UPON SUCCESSORS: This Agreement shall be binding upon
and inure to the benefit of the parties' respective heirs, successors, assigns and personal
representatives, including "City's" corporate authorities and their successors in office. This
Agreement shall be binding on the "Developer" and/or "Owner" of the "Property", each
subsequent owner and any other person acquiring an interest in the "Property". Nothing
herein shall in any way prevent sale or alienation of the "Property", or portions thereof,
except that any sale or alienation shall be subject to the provisions hereof and any successor
owner or owners shall be both benefited and bound by the conditions and restrictions herein
expressed. "City" agrees, upon written request of "Developer" and/or "Owner", to execute
appropriate and recordable evidence of termination of this Agreement if "City", in its sole
and reasonable discretion, had determined that "Developer" and/or "Owner" has fully
performed its obligations under this Agreement.
20. INVALID PROVISION: If any provision of this Agreement is held not
valid by a court of competent 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".
DEVELOPMENT AGREEMENT (AZ 06-007) SOLITUDE SUBDIVISION
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21.1 No condition governing the uses andlor conditions governing re-zoning of the
subject "Property" herein provided for can be modified or amended without
the approval of the City Council after the "City" has conducted public
hearing(s) in accordance with the notice provisions provided for a zoning
designation andlor 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 zonirig of the "Property" and execution of
the Mayor and City Clerk.
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement
and made it effective as hereinabove provided.
DEVELOPER
PROVIDENCE DEVELOPMENT GROUP, LLC
cltliJL
By: E. Don Hubble
OWNER
SOLITUDE DEVELOPMENT, LLC
[f~
By: E. Don Hubble
DEVELOPMENT AGREEMENT (AZ 06-007) SOLITUDE SUBDMSION
PAGE 9 OF 11
..... II!'
Attest:
CITY OF MERIDIAN
L
a.~ ~ti;t tf-6-1?6
STATE OF IDAHO, )
: ss
County of Ada, )
On this ~ day of U~ ' 2006, before me, the undersigned, a
Notary Public in and for said State, personally appeared E. Don Hubble, known or identified
to me to be the Manager of Providence Development Group, LLC, acknowledged to me that
he executed the same on behalf of said corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year in this certificate tirst above written.
(SEAL)
~
Residing at: ~ ~
My Commissio ;;"~, Idaho
eornrm..l'"....: 12-29-2011
DEVELOPMENT AGREEMENT (AZ 06-007) SOLITUDE SUBDIVISION
PAGE 10 OF 11
c ' ~.
STATE OF IDAHO, )
: ss
County of Ada, )
On this~1th day of JuJ~ ' 2006, before me, the
undersigned, a Notary Public in and for said State, p sonally appeared E. Don Hubble,
known or identified to me to be the Manager of Solitude Development, LLC, acknowledged
to me that he executed the same on behalf of said corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year in this certificate first above written.
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STATE OF ibMt(!P"'r
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County of Ada )
N tary Pu lie r Idaho
Residing at: .
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y omnusSl If.tMRdan, ICIIho
OclftI1lulllft eapIf8I: 12..28-2011
On ,this ~t'"t dayof AL.\,9ust:. ,2006, before me, aNotaIy
Public, personally appeared Tammy de Weerd and William G. Berg, Jr., know or identified
to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the
instrument or the person that executed the instrument of behalf of said City, and
acknowledged to me that such City executed the same.
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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Commission expires: 10 -ll-ll
DEVELOPMENT AGREEMENT (AZ 06.007) SOLITUDE SUBDIVISION
PAGE 11 OF 11
EXBIBJT A
A JlIlrI'd of'-i IuGIlR ill Gvvaaleat Lot I, Scction 31, TDWaIIlip4 Nortb, R.aage 1 EuI. Boise
M..-ldllal, Ada Cowny, IdIbo, _ ~ dIsl:ribcd. fiIIlcm:
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" North, R8D&f I last. 8vIa MmdilIlI. .. poiat bcioIlIllo tIIc poiIIt otbe&iluUDa; theac:e
Nonb 89 degtIes 59"26'" W IbI& lilt NIRlb. JiDe ofOoftnuoalt Lot IlIId.llIe ~ qu.ertm"
of.. NOltMI&I....... ofsaid SaalIl31, adislaoco; Q( 1423.56 ac.. tile NonlIoIst CDnIV or
lbe Weu bIlfot* Wellbllfafllle NartIIlu ","",Gf.-Nalbwwtqautllrgf.1d SeWcln 31:
IIIeDce
SCIulli 00.... ~'56' w_... ~ aid Bat IiPll oflbo West ilIIIfofflle W. bait of.
N~ quuw oIlbe NllI1IMsc.... ofSoclioa 31, a diSlllDOe of'2S.00 feet w. found '"
rebllr and. gp 14347: -= Cl:IlIIiIIuiDg
Souda 00 .... 23'SIi' w_..... aid I!Ist IirIll oflbD W_1mIf oflbe Wat balfofdM
Nllftheast __ oftH 'NGIIIhoat qurIDr ClfScaioa 3J, I dl8I8IIcI of 1969.73 _10 II. fi:ruad IS
rebar IIld llIp t4347 __ die ~ COl'IIa"Clftbll Woathlll' Gr. No:Idhwest.... gflb:
$OulbelISt ....ofdle NIlrtINs .._olaid SealGD 3J:.....
SouIh 89 ~ 57'SO" Wcsl elClaa die 8CllIlb Iimt orda aid Well Wf oflbe N~ qlli\lCl:r
orlhe ~ rplI1IW oftbe NorCIIwe8t qua=r modlbe SIIIIdlIlae crtlbe JoIonb belfof
CiOvenllllCIIUAC 2, s.:doa 31,. d/$lIDcc otJmS11Ruu fiJuad IS mar IIId cap M347:
lh_~
South U.~S7'W W.ulq1heDid.Soedl-liM-of_Nol1h helrofGo_t Lotlo.
dlstmQ of2S.oo_ to u.. SoIIIllwat CIlOIllroflbll Aid NQrfIlIlalfaf'OowmaJ:ut Lot 2: lbaM;e
North 00 do&*s IS'I9" list e101l11bc WCIIl JiDll ofGoftnllllCllt f.,Qf.s IIIId ~ ofsaid 5eclion iI,
II distaAce at 1150.10 filet tIIaD
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....347; 1baa eomiauiaa
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lbence
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~
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1h=ce CllIIlllIulIlI
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SealCIII 31: tbeIa
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dislanq of377.36 fIleJ_tIIe polar of~
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF
LAW AND
DECISION & ORDER
RECEIVED
APR ,. 2 2006
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In the Matter of Annexation and Zoning of 38.5 acres from RUT (Ada County) to R-8
(Medium-Density Residential) AND Preliminary Plat approval of 225 single-famlly
residential building lots and 9 COlllDlon lots on 59.88 acres, for Solitude Subdivision, by
Providence Development Group, LLC.
Case No(s).: REVISED AZ-06-007 and PP-06-006
For the City Council Hearing Date of: April!!, 2006
A. Findings ofFaet
I. Hearing Facts (see attacbed Staff Report for the bearing date of April II, 2006
incorporated by reference)
2. Process Facts (see attached Staff Report for the hearing date of Aprilll, 2006
incorporated by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of April
11, 2006 incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the
hearing date of April 11, 2006 incorporated by reference)
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use
Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. ~67-6S03).
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 pwsuant to Meridian City Code ~
ll..SA.
CITY OF MERIDIAN FINOJNGS OF' FACT. CONCLUSIONS OF LAW AND DECISION" ORDER
CASE NO(S). AZ-fJ6-007! PP-06.006. PAGE 1 Qf4
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not
impose expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Decision, which
shall be signed by the Mayor and Ci.ty Clerk and then a copy served by the Clerk upon
the applicant, the Planning Department, the Public Works Department and any affected
party requesting notice.
7. That this approval is subject to the Legal Description, Preliminary Plat, and the
Conditions of Approval all in the attached Staff Report for the hearing date of April!l,
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 ~ 11-5A and
based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby
ordered that:
1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat
by Engineering Solutions dated January 13, 2006 is hereby conditionally approved;
2. The following modifications to site specific conditions were made at the City Council
hearing:
a. None.
3. The site specific and standard conditions of approval are as shown in the attached Staff
Report for the hearing date of April I!, 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 pre1imiuary plat, combined preliminary and final
plat, or short plat shall become null and void if the applicant fails to record a final plat
within two (2) years of the approval of the preliminary plat or one (1) year of the
combined preliminary and final plat or short plat. In the event that the development of
the preliminary plat is made in successive phases in an orderly and reasonable manner,
and conforms substantially to the approved preHminvy plat, such segments, if
submitted within successive intervals of eighteen (18) months, may be considered for
final approval without resubmission for preliminary plat approval. Upon written request
and filed by the applicant prior to the termination ofilie period in accord with 11-6BM
7.A, the Director may authorize a single extension of time to record the final plat not to
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-06-0071 PP-06-OO6 - PAGE 2 of 4
exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as
detennined and approved by the City Council may be granted. With all extensions, the
Director or City Council may require the preliminary plat, combined preliminary and
final plat or short plat to comply with the current provisions of Meridian City Code
Title 11. If the above timetable is not met and the applicant does not receive a time
extension, the property shall be required to go through the platting procedure again.
E. Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat
or conditional use pennit entitles the Owner to request a regulatory taking analysis.
Such request must be in Writing, and must be filed with the City Clerk not more than
twenty-eight (28) days after the final decision concerning the matter at issue. A request
for a regulatory takings analysis will toll the time period within which a Petition for
Judicial Review may be filed.
2. Please take notite that this is a final action of the governing body of the City of
Meridian, pursuant to Idaho Code ~ 67-6521 an affected person being a person who has
an interest in real property which may be adversely affected by the issuance or denial of
the conditional use pennit approval may within twenty-eight (28) days after the date of
this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho
Code. .
F. Attached: Staff Report for the hearing date of April 11, 2006
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S}. AZ-06.007/ PP.06.006 "PAGE 3 of 4
By action of the City Council at its regular meeting held on the --,-,,,,,,,,
-AprU ,2006.
day of
COUNCIL MEMBER SHAUN WARDLE
VOTED .Ab&~V\A..
COUNCIL MEMBER JOE BORTON
VOTED I ~ 0._
VOTED ~ Q
VOTED~
COUNCIL MEMBER CHARLIE ROUNTREE
COUNCIL MEMBER KEITH BIRD
TIE BREAKER
MAYOR TAMMY de WEERD
VOTED
--
ATTEST:
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/Appll'cant"IIIII/IIII111l'\\
Copy served upon: v_
g::-ing Department
lie Works Department
B: 1. - 'u 0 ~ttomeY Dated: +- Z1- /XjI
~
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION &. ORDER
CASE NO(S). AZ.06.0071 PP-06-006 - PAGE 4 of 4
CIlY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DA 1E OF April II, 2006
STAFF REPORT
TO:
FROM:
SUBJECT:
otGridi~ \
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Hearing Date: Aprjl ] 1, 2006
Meridian City Council
Planning Commission
Staff: Joe Guenther, Associate Planner
Meridian Planning Department
208-884~5533
Solitude Subdivision
. AZ-06,,007
Annexation and Zoning of 59.88 acres from RUT to R.8 zone
· PP.06.006
Preliminary Plat of 225 single family building lots and 16 common lots on
59.88 acres in a proposed R-8 zone
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Becky McKay, has applied for Annexation and Zoning (AZ) of 59.88 acres from RUT
(Ada County) to R~8 (Medium"Density Residential) and PreUminary Plat approval of225 single family
residential lots and 9 common lots on 59.88 acres. The site is located east ofN. Meridian Road, and south
of McMillan Road.
2. SUMMARY RECOMMENDATION
Tbe Meridian Planning and Zoning Commission heard the item on March 2, 2006. At the March 2, 2006
public bearing they moved to recommend approval.
s. Summary of Public Bearing:
i. In favor: Becky McKay (applicant's representative)
ii. In opposition: None.
iii. Commenting: None.
iv. Staff presenting application: Joe Guenther
v. Other staff commenting on application: None.
b. Key Issues ofDisc:D88ion by Commission:
i. Constructing sidewalk along McMillan Road and Meridian Road with the first
phase of the development.
c. Key Commission Changes to Staft'RecommeadattoD:
i. Addition of Development agreement standards for sidewalk along Meridian Road
along the out parcel.
d. OutstandiDg Issue(s) for City Council:
i. None.
The subject applications (AZ and PP) were submitted to the Planning Department for concurrent
review. Below, staff has provided a detailed analysis and recommended conditions of approval for the
requested Annexation and Zoning and PrelimilUu)' Plat applications. The Planning & Zoning: Commission
is recommendinlZ aDDlova} of the orooosed Solitude Subdivision (AZ-06-007 and PP~06~OO6). At the
February 14~ 2006 City Council meetinfi. the Council voted 3.1 to approve Ambercreek Subdivision
which lies adiacent to the propertY on the west side of Meridian Road. with the same Drovisions for a
DevelQpment Aereement as listed in the Staff Reoort. NOTE: Staff has modified the DA orovisions to
Solitude Subdivision AZ.060007, PP.06.006
PAGE 1
CITY OF MERIDIAN PLANNiNG DBPAR'l'MmT STAFF REPORT fOR ThE HEARING DA IE OF Aprilll. 2006
iQclude the lamrnaae rell8.rdin1l the ap,plicant's willingness to construct a "pedestrian Dathwav alooe:
McMillan Road to the Meridian Road intersection (see Seemon 10.1 of the StaffRe,port).
Staff recommended approval of AZ.06.007 and PP-06R006 for Solitude Subdivision as presented in the
staff report for the Planning Commission hearing date of ManJh 2t 2006 based on the Findings of Fact as
listed in Exhibit D and subject to the conditions of approval as listcd in Exhibit B as attached to this
report. Staffhas prepared findings consistent with the Planning Commissions recommendation. ,
3. PROPOSED MOTIONS
Approval
After considering all staff, applicant and public testimony, r move to approve File Nwnber(s) AZ,R
06-007IPP-06~006 as presented in the statIreport for the hearing date of Apri16. 2006, and the
preliminaty plat labeled PP-l, dated January 19, 2006 with the following modifications to the
conditions of approval: (add any proposed modifications).
DeDial
After considering all staff, applicant and public testimony, I move to deny File Number(s) AZR06.
007IPP..()6~06 as presented in thc staff report for the hearing date of April 6, 2006, for the
following reasons: (you should state specific reasons for denial of the annexation or plat and you
must state specific reason(s) for denial of the conditional use permit.)
R"ODUDend Contmulnee
After considering all staff, applicant and public testimony, I move to continue File Number(s)
Az.06-007/PP.()6..()()6 to the hearing date of (insert continued hearing date here) for the
following reason(s); (you should state specific reason(s) for continuance.)
4. APPLICATION AND PROPERTY FACTS
a. Site Address/L~ation:
East of Meridian Road, and south of McMillian
W1I2, Section 31, T4N RlE
b. Owners:
Steiner Development, LLC
554 E. Bcllvue Road, Ste8
Atwater Ca 95301
c. Applicant:
Providence Development Group, LLC
701 S. Allen Street
Meridian Id 83642
d. Representative: Becky McKay, Engineering Solutions
e. Present Zoning: RUT
f Present Comprehensive Plan Designation: Medium Density Residential
g. Description of Applicant's Request:
Solitude Subdivision AZ-06.o07. PP.06-OO6
PAGE 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFP REPORT FOR nm HEARING DATE OF April 11,2006
1. Date of Preliminary Plat (attached as Exhibit AI): January 13, 2006
2. Date of Landscape Plan (attached as Exhibit A2): January 13, 2006
5. PROCESS FACTS
a. The subject application will in fact constitute an 8.Wlexation and/or rezone as determined
by City Ordinance. By reason of the provisions of the Meridian City Code Title 11
Chapter S, a public hearing is required before the City Council on this matter.
b. The subject application will in fact constitute a prelimi.naJy plat as determined by- City
Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 6, a
public hearing is required before the City Council on this matter.
c. Newspaper notifications published on:
Council- March 20, 2006 and April 3, 2006
Planning Commission ~ February 13, 2006 and February 27,2006
d. Radius notices mailed to properties within 300 feet on:
Council- March 31, 2006
Planning COmmission - February 3, 2006
e. Applicant posted notice on site by: February 18. 2006
6. LAND USE
a. Existing Land Use(s): V lcant agricultural land
b. Description of Character of Surrounding Area: The area is presently mostly agricultural land
with rural residences, however the recent approvals of Amber Creek Subdivision to the west
and the building Burney Glen Subdivision to the south will drastically change the character of
the area to that of a residential neighborhood.
c. Adjacent Land Use and Zoning
1. North: Ventana Subdivision, Meridian School district site, R-4
2. East: Cobre Basin Subdivision zoned R-4.
3. South: Burney Glen Subdivision zoned R-S.
4. West: Approved Amber Creek Subdivision. zonedR-8.
d. History of Previous Actions; None.
e. Existing Constraints and Opportunities
1. Public WorksM
Location of sewer: Sewer is located in N. Meridian Road on the south side of
this project.
Location of water: There is water stubbed from Cobre Basin and Burney Glenn
Subdivisions 8S well as installed on all froutage roads.
Issues or concerns: Conceptual sewer plans are not allowing for taking the Cobre
Basin lift station off~line. The applicant is working with Public works to address
these concerns.
2. Vegetation: Agricultural
Solitude Subdivision AZ-06-007. PP-Q6.006
PAGE 3
CITY OF MBlUDIAN PLANNIN'G DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF Aprill!, 2006
3. Flood plain: NA
4. Canals/Ditches Irrigation: Lemp Canal- Settlers Irrigation District
S. Hazards: None known.
6. Proposed Zoning: R-8
7. Size of Property: 59.88 acres
f. Subdivision Plat Infonnation
1. Residential Lots: 225
2. Non-residential Lots: 0
3. Total Buildina Lots: 225
4. Common Lots: 16
5. Other Lots: N/A
6. Total Lots: 241
7. Residential Area: 59.88 acres
8. Gross Density: 3.8 units per acre (5.0 net density)
g. Landscaping
1. Width of street buffer(s): 40 feet on Meridian Road, 40 feet on McMillan Road 20
feet on Donavan Ave and White Sands Ave (proposed Collector Streets) Street buffers
are not required on any intcmal. local streets.
2. Width ofbuffer(s) between land uses: N/A
3. Percentage of site 8S open space: 2.99 acres or 7.4%
4. Other landscaping standards: The Starkey Lateral requires tiling as shown.,
landscaping shall be designed to Settlers Irrigation standards.
h. Proposed and Required Non-Residential Setbacks: per the R-8 wne for detached single family
R-8 Standard
Front (Living area) IS feet
Front (Garage) 20 feet
Side 4 feet
Rear 12 feet
Max. Building Height 35 feet
Min. Lot Size 5,000 square feet
Min. Street Frontage 50 feet
i. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): The access
to the development will be from N. Meridian Road to White Sands Ave aod from McMillan to
N. Donavan Avenue. The applicant will be required to connect to the approved stub from
Coble Basin Subdivision to the east as shown and Bumey Glen Subdivision to the South as
shown. ACID) has not reviewed the traffic report and conditions of approval will be added
when available.
Solitude Subdivisiou AZ-06-007, PP.06.006
PAGE 4
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPoRT FOR. 1lfE HEAluNO DATE Of Aprlll I, 2006
7. COMMENTS MEETING
On February 10, 2006 Planning Staff held an agency COmments meering. The agencies and departments
present included: Meridian Fire Department, Meridian Police Department, Meridian Parks Deparrment,
Meridian Public Works Department, and the Sanitary Services Company. Staffhas included all Comments
and recommended actions as Conditions of Approval in the attalilied Exhibit B.
8. COMPREHENSIVE PLAN POUCIES AND GOALS
This property is designated "Medium Density Residential" OD the Comprehensive Plan Future Land Use
Map. Mediwn density residential areas are anticipated to contain between three and eight dwellings per
acre (see Page 9S ofthe Comprehensive Plan.) The proposed Preliminary Plat includes 225 single-family
lots on 59.88 acres for a gross density of 3.8 dwelling units/acre. Staff finds that the overall density is
within the range of a medium density project.
Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the
proposed development (staff analysis in italics below policy):
· Chapter vn. Goal ill, Objective ~ 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
properly. The City of Meridian plans to provide municipal services to the lands proposed to be
annexed in the following manner:
· Sanitary sewer and water service will be extended to the project at the developer's expense.
· The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District.
Once annexed the lands will be under the jurisdiction of the Meridian City Fire Department,
who currently shares resource and personnel with the Meridian Rural Fire Department.
· The subject lands currently lie within the jurisdiction of the Ada County Sheriff's Office.
Once annexed the lands will be serviced by the Meridian Police Department (MPD).
· The roadways adjacent to the subject lands are currently owned and maintained by the Ada
County Highway District (ACHD). This service will not change.
· The subject lands are cuf1'ently 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 stdJer no revenue loss as a result olthe
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 6 - Require street connections between subdivisions at
regular intervals to ~e connectivity and better traffic flow.
The submitted preliminary plat proposes to extend three stub streets /rom Cobre Basin Subdivision
(Red Rock, Havasu Falls, and Havasupai Street) and the applicant will be required to connect to the
stub street from Burney Glen Subdivision to the south, which is in compliance with the conditions of
approvalfrom ACllD.
Solitude Subdivision AZ-06-007, PP.()6-006
PAGES
CITY OF MERIDIAN PLANNINO DEI'ARTMENT 8T AFF REPORT FOR THE HEARING DATE OF April 11, 2006
· Chapter VI, Goal II, Objective A. Action 13 ~ Review new development for appropriate
opportunities to COlUlect to local roads and coll~rs in adjacent developments.
See analysis above.
· Chapter VII, Goal IV, Objective D, Action 2 - Restrict curb cuts and access points on collectors
and arterial streets.
The applicant has proposed one curb cut on N. Meridian Roadfor White Sands Avenue, and one curb
cutfrom McMillan Road for N. Donavan Avenue which was approved by ACHD and is supported by
staff
· Chapter vn, Goal IV, Obj~tive C, Action 1 - Protect existing residential properties from
incompatible land use development on adjacent parcels.
The applicant is proposing a residential zone. Staff finds that the proposed single-family residential
properties to the south and east, and the existing residential properties to the west will be compatible
with the proposed development.
· Chapter'VII, GoaIN, Objective C, Action 10 - Support a variety of residential categories (low-,
medium-, and high~density single family, multi-family, townhouses, duplexes, apartments,
condominiums, etc.) for the purpose of providiug the City with a range of affordable housing
opportunities.
The subject application includes a request for the R.8 ZOM. Cobre Basin Subdivision to the east
obtained R-4 zoning and Burney Glen Subdivision to the south obtained R-8 zoning. Stafffinds that
the requested zoning designation contributes to the variety of residential zoning categories in this
area and II generally consistent with the Comprehensive Plan designation for this site.
Staff believes thot the proposed density (J.8 d.u.lacre) and zoning (R-8) for this property is appropriate.
Staff recommends that the Commission and Council rely on any verbal or written testimony that may be
provided at the public hearing when determining if the applicant's zoning and development request is
appropriate for this property.
9. ZONING ORDINANCE
a. Zoning Schedule of Use Control: UDe 11-2A-2 lists single family detached homes as a
Permitted Use in the R-8 zone.
b. Purpose Statement of Zone: The plUpOse ofthe residential districts is to provide for a range of
housing opportunities consistent with the Meridian Comprehensive Plan. Connection to the
City of Meridian water and sewer systems is a requirement for all residential districts.
Residential districts are dilltinguillhed by the allowable density of dwelling units per acre and
corresponding housing types that can be accommodated within the density range.
c. 11-3G~ 1:
Conunon Open Space and Amenity Requirements
The regulations of this Article are intended to provide for common open space and site amenities
in residential districts that improve the livability of residential neighborhoods, buffer the street
edge, and protect natural amenities.
Solitude Subdivision AZ-06-Q07. rp-Q6.Q06
PAGE 6
CITY OF MERIDIAN PLANNJNG DEPARTMENT S1 AFF REPORT fOR lltE HEARING DAlE OF April 1 J, 2006
10. ANALYSIS
a. Analysis of Facts Leading to Staff RecoIWDendation
ANNEXATION ANALYSIS: Based on the policies and goals contained in the Comprehensive
PIan and the general compliance of the proposed development with the Zoning Ordinance, staff
believes that this is a good location for the proposed single family development. Flease see
Exhibit D for detailed analysis of facts and findings.
1.1 The annexation legal description submitted with the application (prepared on Januazy 12,
2006 by Terry Puegh, PLS) shows the property as contiguous to the existing coIpOrate
boundary of the City of Meridian.
1.2 Any future subdivision. uses and construction on this property shall comply with the City
of Meridian ordinances in effect at the time.
1.3 That the applicant will be responsible for all costs associated with the sewer and water
service extension. Any existing domestic wells and/or septic systems within this project will
have to be removed from their domestic service, per City Ordinance Section 5-7-517, when
services are available from the City of Meridian. Wells may be used for non-domestic
purposes such as landscape inigation.
1.4 That all future development of the subject property shall be constructed in accordance
with City of Meridian ordinances in effect at the time of development. AIl 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, fwnes, glare or odors.
1.5 UDC 11-5B-3D2 provides the P&Z Commission and City Council the authority to require
a property owner to enter into a Development Agreement with the City of Meridian that may
require some written commitment for all future uses. Due to the location of the out parcel and
the recuired off site iomroyements. staff believes that a Develonment A2feement is necesSary
to ensure that this DtoDer!V is developed in a fashion that is consistent with the co~hensive
Dlan desilmation and does not nel1atiyelv imnact nearby DrODerties. lithe Commission or
Council feels a development agreement is necessary staff ",ommends a clear outline of the
commitments of the developer being required.
The Council and Commission required the Development Agreement include the
following provision:
"That the 30nlicant has voluntariQr a!!TCCS to COtlAtruct a pedestrian uathwav alo:Q2
Meridian Road in front of the S~acre out-Darcel. A oedestrian Dathwav wonl!: Meridian Road
that extends the entire lenllth oithe westc:m subdivision boundary (including the S-sl;re out-
Darcel) shall be installed Drior to occuoancv of anv new dwellin~ units on this nrODerty. "
PRELIMINARY PLAT ANALYSIS: Based on the policies and goals contained in the
Comprehensive Plan and the general compliance of the proposed development with the Zoning
Ordinance, staff believes that this is a good location for the proposed residential development.
Please see Exhibit D for detailed analysis of fal;ts and findings.
1. Phasinll: The applicant is proposing three phases of this development starting at the
south and east Comers where sewer services are currently available. Phase 1 will include
Solitude Subdivision AZ-06-007. pp.06-OO6
PAGE 7
CITY OF MERIDIAN PLANNINQ DEPARTMENT STAFF REPORT FOR TIlE HEARING DATE OF April II, 2006
connections to Burney Glen Subdivision and the road connection to Meridian Road.
Phase 2 will include the bulk of the amenities and the open space lot with two
connections to Cobre Basin Subdivision. Phase 3 will CODIlect the development to
McMillan Road and the final connection to Cobre basin Subdivision.
2. Amenities: UDC 11 ~3G requires residential developments to provide one amenity per 20
acres as part of each plat. The proposed amenities for the subject development include:
recreational amenities of a tot lot and gazebo. The proposed open space is shown to
make up 7.4% of the site; an additional 5% minimum is required to qualify as an amenity.
2.a Common Doen Soace: is shown by the applicant as Lot I Block 9, Lot 1 Block 14,
Lot 12 Block 10, Lots 24 Block 6. All other landscape lots are required buffers.
· Lot I Block 9 and Lot I Block 14 are the main open space lots of2.74 acres and
1.457 acres common open space
· Lot 12 Block 10 and Lot 24 Block 6 are active use lots of 7, 115 square feet common
open space
The total qualified open space is 189,936 sqlft which is 7.4% qualified open space.
2.b Oualified Site Amenities:
Quality of Life Amenity: Picnic Area - Gazebo
Recreation Amenities: Tot Lot/children's play structures
Pedestrian or bicycle circulation system amenities: Pathway connections to
adjacent open spaces
3. Stub Streets: The preliminary plat shows a public street connection to the stub streets in
the adjacent subdivisions as required. The applicant has also provided two stub streets for
the unplatted parcel which contains multiple struc:tures and is left as an enclave.
4. Variance for Block Lcn2th: IIie aWlieas.t _ Rsi S1ilIlBi~eEi a Vafi8'lii!l8 applisati9B fer
Hav&6Hpi Rtleel. 1l1eek leagt:hs _II .Ret MeeM 7!9 feet wiQteUi a peeesB'ian esBft8Stie.a,
eller. SF ptlblie Mfa. iB1i8NSeH9B. The applie&l!lii's s\t8missieB sees Itst 88"ess the Bleek
lllftgtfi af 787 fe&i 1lkS'J. 'B fer Hava5\lpai E"II" 8taff waHle l'seemmcael iM 8l'J1lieaHt Baa
a pese&triaa GI8MetlIB ~ ilees 9, 13, a:ad 14 tEl SaMSElt ~aB Trail Etreet te
LIt I BIsek 9 this IIllli.. Melila Be iBleMIII ,Fier tl the Ciliy CeeeillieeriBg. The
applicant has added a l;OJDmOn lot to address any block length concerns.
S. Pressure IrrhzatioA: Thl; City of Mcridian requires that pressurized irrigation systems be
supplied by a year.round source of water (UDC 11-3A-15). The applicant should be
required to utilize any existing surface or well water for the primary source. If a surface
or well source is not available, a single-point connection to the culinary water system
shall be required. If a single.point connection is utilized, the developer will be
responsible for the payment of assessments for the common areas prior to signature on
the fmal plat by the City Engineer. An underground, pressurized irrigation system should
be installed to all landscape areas per the approved specifications and in accordance with
UDC 11-3A-15 and MCC 9.1.28.
6. Fencine:: The applicant has not submitted a detailed fencing plan (no fencing indica.ted
on the landscape plan dated January 13,2006) with the preliminary plat application for
the subdivision. A1J.y perimeter fencing must be (:ompleted prior to issuance of building
Solitude SubdivisiOl1 AZ.06-007, PP.06..Q06
PAGE 8
CITY OF MBRlDIAN PLANNING DEPARlMENT 8T AFF REPORT FOR lHB HEARING DATE OF April 11,2006
pennits. All fences should taper down to 3 feet maximum within 20 feet of all right-of-
way. All fencing should he installed in accordance with UDC 11-3A-7. A detailed
fencing plan in accordance to 11-3A -7 shall be submitted prior to the final plat.
7. Common Areas: Maintenance of all common areas shall be the responsibility of the
Solitude Home Owners' Association.
8. Ditches. Laterals. lJ.Qd Canals: Per UDC 11-3A-6 all irrigation ditches, laterals or canals,
exclusive of natural waterways and waterways being used as amenities, that intersect,
cross or lie within the area being subdivided shall be covered.
9. Sidewallcs: The applioant shall revise the landscape plan to show sidewalk connections at
the intersections of Meridian and McMillan Roads.
b. Staff Recommendation: Staff recommends approval of AZ.06-007 and PP-06-006 for
Solitude Subdivision as presented in the staff report for the hearing date of March 2, 2006 based
on the Findings of Fact as listed in Exhibit D and subject to the conditions of approval as listed in
Exhibit B as attached to this report. Staff has prepared fmdings consistent with this
recommendation.
11. EXHIBITS
A. Drawings
1. Preliminary Plat (dated: January 13, 2006)
2. Landscape Plan (dated: January 13, 2006)
B. Conditions of Approval
1. Planning Department
2. Public Works Deparbnent
3. Fire Department
4. Police Department
S'. Parks Department
6. Sanitary Service Company
7. Ada County Highway District
8. Settlers Irrigation District
C. Legal Description
D. Required Findings from Zonina Ordinance
Solitude Subdivision AZ-06-007, PP-06-006
PAGE 9
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR 1HE HEARING DATE OF April 11. 2006
A. Drawings
I. Preliminary Plat (dated: January 13, 2006)
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR mE HEARING DATE OF April 11. 2006
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Exhibit B
CITY OF MERIDIAN PLANNJNO DEPARTMENT STAFf REPORT FOR THE HEARING DATE OF April 11,2006
B. ConditioDS of Approval
1. PLANNlNC DEPARTMENT
1.1
1.1.1
SITE SPECIFIC REQUIREMENTS-PRELIMINARY PLAr
The preliminaIy plat prepared by Engineering Solutions, dated January 13, 2006, is approved,
with the conditions listed herein. All comments/conditions of the accompanying
Annexation/Zoning (AZ-06..oo7) shall also be considered conditions of the Preliminary Plat (pP~
06-006).
Maintenance of all common areas shall be the responsibility of the Solitude Subdivision
Homeowners' Association.
Tke ~aJ')' plat AI-All he medifiea t8 leflest 198 eeBdHieas ee-~Ai1l9il is iBis Fe})9J!t _Q 10
~ ~l he 6H5tted Be letsr .I.r- 1 9 81i)'S pR9f ts the CHy CS'llBei:l lleari; ;; tk;
a"lieaasflS.
The landscape plan shall be modified to reflect the conditions contained in this report and the
revised preliminary plat and shall be submitted with the final plat application. A detailed fencing
plan in ~ordance to UDC 11-3A-7 shall be submitted with the final plat.
The pFeUmiaar)' plat shell. he leviselt te shew a peEiestriaa 6911fteetiea trem E. KailJae TFStl. Ie Let
I BI.. 9 9l" tBe appkeaRt 68&11 Mat a vananee fer bleak leagth paer te the Ci~' CEluaeH
...ww. This condition has been satisfied with the addition a/pedestrian connections.
That portion of the detached sidewalk which lies outside of the right-of~way shall be contained in
an easement which dedicates pedestrian cross-aCQess and is in favor of the Ada County Highway
District, and said easement shall be depicted on the final plat or an instrument number referenced
in a plat note.
Street setbacks shall be measured from the back edge of sidewalk per UDC 11-2A-6.
Fencina on all lots adjacent to interior common open space lots shall comply with UDC 11-3A-7.
Any perimeter fencing must be completed prior to issuance of building permits. All fencing
should be installed in accordance with UDC 11-3A- 7.
All areas approved as open space shall be free of wet ponds or other such nuisances. All
stonnwater detention facilities incorporated into the approved open space are subject to UDC 11-
3A-18 and shall be fully vegetated with grass and trees. Sand, gravel or other non~vegetated
surface materials shall not be used in open space lots, except as pemrltted under UDC 11.3B. If
the 8lonnwater detention facility cannot be incorporated into the approved open space and still
meet the standards of UDe 11-3A.18, then the applicant shall relocate the facility. This may
require losing a developable lot or developable area. It is the responsibility of the
developer to comply with ACHD, City of Meridian and all other regulatory requirements at the
time of final construction.
Where the applicant has submitted a preliminary landscape plan and where staff has reviewed
such plan, the landscaping shall be consistent with the preliminary plan with modifications as
proposed by staff.
Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways and
waterways being used as amenities, that intersect, cross or lie within the area being subdivided
shall be covered.
GENERAL REQUIREMENTS-PRELIMINARY PLAT
CIlY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT POR THE HEARING DA IE OF April J 1,2006
1.2.1 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision
pursuant to ODC 11.3A.17 and subject to a development agreement as offered by the applicant to
include a sidewalk along Meridian Road in front of the out parcel.
1.2.2 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water (MCC 12-13.8.3). The applicant should be required to utilize any existing surface
or well water for the primary source. If a surface or well source is not available, a single-point
coDDeCtion to the culinary water system shall be required. If a single.point connection is utilized,
the developer will be responsible for the pa)'IIlent of assessments for the CODUllon areas prior to
signature on the final plat by the City Engineer. An underground; pressurized irrigation system
should. be installed to alllandsoape areas per the approved sp~ifications and in accordance with
UDC 11.3A-l 5 and Mee 9.1-28.
1.2.3 A detailed landscape plan, in compliance with the landscape and subdivision ordinance and as
noted in this report, shall be submitted for the subdivision with the final plat application.
1.2.4 The applicant shall submit a detailed fencing plan with the final plat application for the
subdivision. If pennanent fencing is not provided, temporary construction fencing to con1ain
debris must be installed around the perimeter prior to issuance of a building permit. All fences
should taper down to 3 feet maximum within 20 feet of all right-of~way. All fencing should be
installed in accordance with UDC 11.3A.7.
1.2.5 Any tree over 4" in caliper that is removed from the property shall be replaced by installing
additional trees, being the equivalent number of caliper inches of trees that were removed.
Required landscaping trees will not be considered as replacement trees for those trees that have to
be mitigated.
1.2.6 All irrigation ditches. laterals or canals, intersecting, crossing or lying adjacent and contiguous to
the area being subdivided shall be tiled per UDC 11-3A-6, unless otherwise approved by Settlers
Irrigation Or Nampa Meridian Inigation Distrlcrs. 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 associatiou
approval can not be obtained, alternate plans will he reviewed and approved by the City Engineer
prior to final plat signature.
1.2.7 Staff's failure to cite specific ordinance provisions or terms of the approved
annexation/conditional use does not relieve the applicant of responsibility for compliance.
1.2.8 Preliminary plat approval shall be subject to the expiration provisions set forth in UDe 11-6B.7.
2. PUBLIC WORKS DEPARTMENT
2.1 Sanitary sewer service to this development is being proposed via extension of mains in N.
Meridian Road. The applicant shall install mains to and through this development; applicant shall
coordinate main size and routing with the Public Works Department, and execute standard 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.
2.2 The conceptual sewer design submitted with this preliminary plat shows eight.inch main being
routed to the lift station location. The final invert elevation is not acceptable as it does not allow
for the lift station to be taken off line. The applicant shall install 12-inch main from the 12-inch'
in Meridian Road to the northeast corner of this development (the Cobre Basin lift station), or
prior to City Council resubmit a conceptual sewer design that facilitates the abandomnent of the
Cobre Basin lift station.
Exbibit B
CIlY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF April II, 2006
2.3 Water service to this site is being proposed via extension of mains in Cobre Basin and Burney
Glenn Subdivisions as well as to the mains located in N. Meridian and E. McMillan Roads. The
applicant shall be responsible to install water mains to and through this development, coordinate
main size and routing with Public Works.
2.4 Revise Lots 6, and 7 Block 8 to meet the required SO-feet of frontage.
2.5 The applicant has not iodicated 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 Worb 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 "[mal draft"
being required prior to fmal plat signature on the last phase of this project.
2.6 The City of Meridian requires that pressurized irrigation systems be supplied by a yeaHound
source of water roDC 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 c01Ulection is utilized,
tbe developer will be responsible for the payment of assessments for the common areas prior to
signature on the final plat by the City Enaineer.
2.7 Any existing domestic wells and/or septic systems within this project shall be removed from
domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-
domestic purposes such as landscape inigation.
2.8 All inigation 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 the Public Works Department.
If lateral users association approval can't be obtained, alternate plans shall be reviewed and
approved by the Meridian City Engineer prior to final plat signature.
2.9 Street signs are to be in place, water system shall be approved and activated, fencing installed,
drainage lots constructed, road base approved by the Ada County Highway District and the Final
Plat for this subdivision shall be recorded, prior to applying for building permits.
2.10 A lena of credit or cash surety in the amount of 110% will be required for all uncompleted
fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to
signature on the final plat.
2.11 All development improvements, including but not limited to sewer, fencing, micro~patbs,
pressurized inigation and landscaping shall be instalJed and approved prior to obtaining
certificates of occupancy.
2.12 Applicant shall be required to pay Public Works development plan review, and construction
inspection fees, as determined during the plan review process, prior to signature on the final plat
per Resolution 02-374.
2.13 It shall be the responsibility of the applicant to ensure that all development features comply with
the Americans with Disabilities Act and the Fair Housine Act.
2.14 Applicant shall be responsible for application and compliance with and NPDES Permitting that
may be required by the Environmental Protection Agency.
2.15 Applicant shall be responsible for application and compliance with any Section 404 Permitting
that may be required by the Army Corps of Engineers.
2.16 Developer shall coordinate mailbox locations with the Meridian Post Office.
Exhibit B
CllY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR. THE HEARING DATE OF April 11, 2006
2.17 Compaction test results shall be submitted to the Meridian Building Department for all building
pads receiving engineered bacldill, where footing would sit atop fill material.
2.18 The engineer shall be required to certify that the street centerline elevations are set a minimum of
3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom
elevation of the crawl spaces of homes is at least I-foot above.
2.19 One hundred watt, high-pressure sodiwn streetlights shall be required at locations designated by
the Public Works Department. AU streetlights shall be installed at subdivider's expense. Typical
10catioDB are at street intersections andlor fire hydrants. Final design locations and quantity are
detenmned after power designs are completed by Idaho Power Company. The street light
contractor shall obtain design and permit from the Public Works Department prior to
commencing installations.
3. FIRE DEPARTMENT
1. One and two family dwellings will require a fire-tlow of 1,000 gallons per minute available for
dumtion of 2 hours to service the entire project. Fire hydrants shall be placed an average of 500 feet
apart. International Fire Code Appendix C.
2. Acceptance of the water supply for fJre protection will be by the Meridian Fire Department and
water quality by the Meridian Water Department for bacteria testing.
3. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department.
a. Fin:: Hydrants shall have the 4 W' outlet face the main street or parking lot aisle.
b. The Fire hydrant shall Dot face a stt'eet which does IWt have addresses on it
c. Fire hydrant markers shall be provided per Public Works specifications.
d. Fire Hydrants shall be placed on cornen when spacing permits.
e. Fire hydrants shall not have any vertical obstruetions 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 IFe Section 509.5.
h. Show all proposed or existing hydrants far all new constru.ction or additions to existing
buildings within 1,000 feet of the proj ect.
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.
S. All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside
radius.
6. Provide a 20.foot wide Fire Lane for all internal roadways all roadways shall be marked in
accordance with Appendix D Section Dl 03.6 Signs.
7. Operational fire hydrants, temponuy or permanent street signs and access roads with an all weather
surfiu:e IR required before combustlble construction is brought on site.
8. Building setbacks shall be per the International Building Code for one and two story construction.
9. The proposed 225-10t subdivisioD with an estimated 2.9 residents per household would have a total
estimated population of 510 residents at build out.
10. The flTe department requests that any future sigoalizatian installed as the result of the
development of this project be equipped with Opticom Sensors to ensure a safe and efficient
response by fire and emergency medical service vehicles. This cost of this installation is to be
bome by the developer. .
11. Where a portion of the facility or building hereafter constructed or moved into or within the
jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as
measured by an approved route around the exterior of the facility or building, on-site fire hydrants
and mains shall be provided where required by the code official. For buildings equipped throughout
with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or
903.3.1.2 the distance requirement shall be 600 feet (183).
Exhibit B
CITY OF ME1UDlAN PLANNTNO DEltARTMENT STAFf REPORT FOR THE HEARING DATE OF April!!, 2006
a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m).
b. For buildings equipped throughout with an approved automatic sprinkler system installed in
accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet
(183 m).
12. Emergency response routes and fire lanes shall not be allowed to have speed bumps.
4. POLICE DEPARTMENT
1. Die Pre,86:Ei ,1M ~~,,~~!~IB eBeB6feges Bip speeS, slit thrallgti traf.li:e:. The:npPl:i:::
~~ ~~ ~~ ~~:~ C~l:Hlt). II!~ar BiBalet te ,;;;id; ~ ;;~ iga t flee
k:e:;el sjJee8S 9R Kale" l'mil ~1Feet, lS1l@8wgB Way, &iul 'lhlsteB-A;~1le.
2. Any interior fencing adjacent to common lots shall allow visibility from the street or shall not
exceed four feet in height if solid fencing is used.
5. PARKSDEPARTMENT
1. No comments received.
6. SANITARY SERVICE COMPANY
1. No commentsreceived.
7. ADA COUNTY BIGHWAYDISTRlCT
Site Specific Conditions of ADDrova/
1. Dedicate a total of 4S-feet of right--of-way from centerline for McMillan Road abutting the site.
The right--of-way purchase and swe agreement and deed must be completed and signed by the
applicant prior to scheduling the fmal plat for signature by the ACHD Conunission or prior to
issuance ofa building permit (or other required pennits), whichever occurs first.
2. Construct a S-foot concrete sidewalk along McMillan Road abutting the site located
approximately 38-feet from the centerline ofMcMiUan Road.
3. Construct a westbound left turn lane on McMillan Road at the site access intersection, N.
Donovan Street.
4. Construct a S-foot detached sidewalk along the site's frontage on Meridian Road. The sidewalk
shall be located a minimum of 28-feet from the centerline of Meridian Road. If the sidewalk is
looated within an easement, the District will not require the dedication of additional right-of.way.
The applicant should work with ACHD and the landowner of the out-parcel that fronts on
Meridian Road to extend sidewalk to the intersection of McMillan and Meridian Roads.
S. Widen Meridian Road with 19-feet of pavement from centerline abutting the entire site.
6. ConstruQt the internal streets as 36 -foot street sections with rolled curb, gutter, and 5-foot
concrete sidewalks.
7. Provide 2I.foot street sections on each side of the proposed center islands. Any proposed
landscape islands/medians within the public right-of-way dedicated by this plat shall be owned
and maintained by a homeowners association. Notes of this are required on the fmal plat. The
design should be reviewed and approved by ACHD's Development staff.
Exhibit B
CI1Y OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARiNG DATE OF April 11. 2006
8. Construct stub streets to the surroUDding properties as identified below. Install a sign at the
terminus of the two new stub streets to the out~parcel stating, "THIS ROAD WIT.,L BE
EXTENDED IN !HE FUTURE."
· Extend Havasu Falls Street into the site, from Cobre Basin Subdivision, at the site's east
property line.
· Extend Red Rock Drive into the site, from CobreBasin Subdivision, at the site's east
property line.
· ExtOlld Havasupai Street iDto the site, from Cobre Basin Subdivision, at the site's east
property line.
· Extend Donovan Way into the site, from Burney Glen Subdivision, at the site's south
property line.
· Construct BeahamAvenue as a stub street to the out-parcel's south property line located
appro:w.:imately 200-feet east of Meridian Road (measured centerline to centerline).
· Construct Copper Ridge Street as a stub street to the out-parcel's east property line located
approximately 100.feet south of the out-parcel's north property line (measured property line
to centerline).
9. Construct one roadway, White Sands Avenue, to intersect Meridian Road approximately 600-feet
north of the south property line (measured property line to centerline), as proposed.
10. Construct one roadway, N. Donovan Avenue, to intersect McMillan Road approximately 750-feet
east of Meridian Road (measured centerline to centerline), as proposed.
II. Other than the access specifically approved with this application, dit:ect lot access is prohibited to
Meridian RQad and McMillan Road and shall be noted on the final plat.
12. Comply with all Standard Conditions of Approval.
Standard Conditions of ADDro'Va/
1. Any existing inigation facilities shall be relocated outside of the right-of-way.
2. Private sewer or water systems are prohibited from being IlX:ated within any ACHD roadway or
right-of-way.
3. All utility relocation costs associated with improving street frontages abutting the site shall be
borne by the developer.
4. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the
construction of the proposed development. Contact Construction Services at 387-6280 (with file
number) for details.
5. Comply with the District's Tree Planter Width Interim Policy.
6. Utility street cuts in pavement less than five years old are not allowed unless approved in writing
by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for
details.
7. All design and construction shall be in accordance with the Ada County Highway District Policy
Manual, ISPWC Standards and approved supplements, Construction Services procedures and all
Exhibit B
em OF MERIDIAN PLANNING DEPARTMENT STMF REPORT FOR THE HEARINo DATE OF April 11,2006
applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the
State of Idaho 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 permits), which incorporates any required design. changes.
9. Construction, use and property development shall be in conformance with all applicable
requirements of the Ada County Highway District prior to District approval for occupancy.
10. Payment of applicable road impact fees are required prior to building construction in accordance
with Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance.
11. It is the responsibility of the applicant to verify all existing utilities within the right.of-way. The
applicant at no cost to ACHO shall repair existing utilities damaged by the applicant. The
applicant shall be required to call OIGLINE (1-800-342-1585) at least two full business days
prior to breaking ground within ACID) right~of-way. The applicant shall contact ACHD Traffic
Operations 387-6190 in the event any ACfID conduits (spare or filled) are compromised during
any phase of construction.
12. No chaoge 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 authorh:ed representative and an authorized
representative of the Ada County Highway District. The bwden shall be upon the applicmt to
obtain written continuation 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, or
other regulatory and legal restrictioDB 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
a waiverlvariance of said requirements or other legal relief is granted pW'suant to the law in effect
at the time the change in use is sought.
8. Settlen' IrrlgatioD District
8.1 All irrigation/drainage facilities along with their easements must be protected and continue to
function. The facilities involved are the Lemp Canal and Starkey Lateral. Contact SID for
additional requirements.
8.2 A Land Use Change Application mulrt be on file prior to any approvals.
8.3 A license agreement MUST be signed and recorded prior to constn1ction of any SID facilities, or
within its easements.
8.4 Any Change to the existing irrigation system such as relocation, water delivery, tiling, and
landscaping must he approved by Settlers Irrigation District's Board of Directors.
8.5 All storm drainage must be retained on-site.
8.6 The development must supply pressure mgation access to all lots within the above-mentioned
subdivision from the current delivery point. If the developer wishes to have SID own, operate,
and maintain the pressure irrigation system an agreement must be in place prior to the pre-
construction meeting.
Exhibit B
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR niB HEARING DATE OF April J J, 2006
Ex.hibit B
CIlY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR lHE HEARING DATE OF April 11,2006
C, Legal Oescription
.
IDAHO
SURVEY
GR.OUP
'-4SO 12stWa<enoww St.
Sultef$O
MvIdlan, Wahe 83&41
Phone (208) &46-8S70
F;wI" (208) !llH-5399
January 12, 2006
Proposed Solitude Pillet SlIbdlYl...
A parcel oflandlocated in Govemtllenl Lots 1 and 2, lIIId the NE V. of the NW Yo
ud theSE Yo oCtheNW V.. oCScction 31, 1.4 N., R.1E., 8.M., Ada County, Idaho, more
particularly described II follvwlI: Commcnein, at the NW comer oftbe said Sc:etion ) I,
the REAL.POINT OF BEGINNING;
Thence aJOl1! the North bolll1dar)' of Aid Section.H North 89"S9'25" East,
1423,56 feet;
TbenceSouth00"23'S6" W.t, 1994_73 feet to tho SScorUfoflhe W % of the
NW V. of the SB % oftheNW V. ofeaid SCl.:tioo 31;
Tbenee aIonl lbe SOlltb boIUIdaIy of said W y~ of the NW Y. of the SE \4 of the
NW Yo, aud ofGovenuncnt Lot 2 oflb, said Section 31 South 89"57'50" West, 1418.S7
feet to II JWint on the West boundaly of aid Section 31;
Thence along said West boundary North 00"15'20" Baat, 11S0.10 feet,
Thence Solllh 89"49'50" Rut, 484.45 feet;
Thequ North 00"10'22" Eut, 467.89 feet;
Thence North 89"49'50" W"t. 483,71 feet to a point on thCl Willi! boundary of
said Seelion 31;
Theuce along said West bowxbny North 00"15'20" But" 377.37 feet tv the
POINT OF BEGINNING. Containing S9.88 acres, moR or less.
This description written from data of record without benefit of a field slIrvey.
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Profeulonal Land Surve,or'
Exhibit C
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR '[HE HEARING DAlE Of Apri/lI, 2006
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Exhibit C
CITY OF MERiDIAN PLANNING DBp ARTMENT STAFF REPORT FOR THf HEARING DATE OF April II, 2006
D. Required Findings from Zoning Ordinant;e
1. Annexation Findings;
Upon recommendation from the Commission, the Council sball make a full investigation
aDd sbaD, at the publh: hearing, review the application. In order to arant an annexation
and/or rezone, the Council shan make the following findlnas:
1. Tbe map amendment complies with the applicable provisioDS of the comprehensive
plan;
The applicant is proposing to zone all of the subject property to R-8. The Council finds
that the proposed zoning map amendment complies with the applicable provisions of the
comprehensive plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the
Staff Repolt.
2. Tbe map amendment complies with the regulatioDS outlined for the proposed
district, specifteally the purpose statement;
The Council finds that single family detached residential uses are allowed within the
requested zoning district of R-8 as a Principally Pemtitted Use. The accompanying plat
demonstrates the land will be developed with lot sizes, housing types and other
dimensional requirements that conform to the proposed zoning designation.
3. The map amendment shall not be materially detrimental to the public health, safety,
and welfare;
The Council finds that the proposed zoning amendment will not be detrimental to the
public health. ijafety, or welfare. The Commission and Council rely on any oral or written
testimony that may be provided when determining this finding.
4. The map amendlnent shall not result in an advene impact upon the delivery of
services by any poUtfeal subdivision providing pubUc services within the City
including, but Dot Umited to, school distriCQ; aDd,
The Council finds that the proposed zoning amendment will not result in any adverse
impact upon the delivery of services by any political subdivision providing services to
this site.
5. The anDexation is in the best of interest of the City (UDC 11-5B-3.E).
The R-8 zoning amendment will provide lots that are similar in nature to existing
subdivisions in the near vicinity. The Council finds that all essential services are available
or will he 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 Comprchcmive Plan. This is a logical expansion
of the City limits. In accordance with the findinas listed above. the Council finds that
Annexation and Zoning: of this orooertv to R-8 would be in the best interest of the City.
2. Preliminary Plat Findings:
In coDsideration of a preliminary plat, combined preliminary and final plat, or short plat,
the decision-making body shaD make tbe follomD&: findings:
1. The plat is In conformance with the Comprehensive Plan;
Exhibit 0
CIlY OF MERIDIAN PLANNINODEPARTMENT STAFF REPORT FOR THE HEARlNODATBOF April Jl,2006
The Council finds that tbe proposed application is in substantial compliance with the
adopted Comprehensive Plan. The Council generally supports the proposed plat layout
and proposed density as they comply with the provisions of the Comprehensive Plan.
Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report.
2. Public services .re available or can be made avaHable and are adequate to
accommodate the proposed development;
The COlmcil finds that public services are available to acconunodate the proposed
development. (See finding Items 3 and 4 above under Annexation Findings for more
details.)
3. The plat is in CODformance with scheduled public improvements in accord with the
City's capital improvement program;
B~ause the developer is installing sewer, water, and utilities for the development at their
cost, the Council finds that the subdivision will not require the expenditure of capital
improvement funds.
4. There is public fmantial capability of supporting lernCeli for the proposed
development;
The Council reconunends the Commission and Council rely upon conunents from the
public service providers (i.e., police, fire, ACHD, etc.) to detennine this fmding. (See
finding "Items 3 and 4 above under Annexation Findings above, and the Agency
Comments and ConditiODS in Exhibit B for more detail.)
4. The development wm not be detrimental to the public health, safety or general
welfare; and
The Council is not aware of any health, safety or environmental problems associated with
the development of this subdivision that should be brought to the Council or
Commission's attention. ACHD considers road safety issues in their analysis. The
Council recommends that the Commission and Co~il reference any public testimony
that may be presented to detennine whether or not the proposed subdivision may Qause
health, safety or environmental problems of which the Council is unaware.
s. The development preserves significant Datural, scenic or historic features.
The Council is \1IUlware of any natural, scenic or historic features on this site. Therefore,
staff finds that the proposed development will not result in the destruction, loss or
damage of any natural, scenic or historic feature(s) of major importance. The Council
reference any public testimony that may be presented to determine whether or Dot the
proposed development may destroy or dama&e a natural or scenic feature(s) of major
importance of which the CmIDcil is unaware.
Exhibit D