Prato Villas Subdivision AZ 06-022ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 48
BOISE IDAHO 08/01/08 10:10 AM
DEPUTY Bonnie Oberblllig III IIIIIIIIIIIIIIIIIIIIIIIIIIIII I I III
RECORDED-REQUEST OF
Meridian City i ~8~S78S4
DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. Chad Colbert, Gerald Saxton, Kent Pintos, Owner/Developets
TI~~~EVELOP AGREEMENT (this "Agr ent'~, is made and
entered into this day of 200 by and between City
of Meridian, a municipal corporation of the fate of Idaho, hereafter called "CITY', and
Chad Colbert, Gerald Sexton, Kent Pintos, whose address is 3325 W. Jacobastor Way, S.
Jordon, Utah 84088, hereinafter called "OWNER/DEVELOPERS".
1. RECITALS:
1.1 WHEREAS, "OWNER/DEVELOPERS"arefhesole owners, in law
and/or equity, of certain tract of land in the County of Ada, State of
Idaho, described in Exhibit A for each owner, which is attached
hereto and by this reference incorporated herein as if set forth in full,
herein after referred to as the "Propert}~'; and
1.2 WHEREAS, I.C. § 67-6511A, Idaho Code, provides that cities may,
by ordinance, require or permit as a condition of re-zoning that the
"Owner/Developers"make awritten commitment concerning the use
or development of the subject "Property"; and
1.3 WHEREAS, "City" has exercised its statutory authority by the
enactment of the Meridian Unified Development Code, which
authorizes development agreements upon the annexation and/or re-
zoning of land; and
1.4 WHEREAS, "Owner/Developers"has submitted an application for
annexation and zoning of the "Property's" described in Exhibit A,
and has requested a designation of (R-4) Low Density Residential
District (Municipal Code of the City of Meridian); and
1.5 WHEREAS, "Owner/Developers"made representations atthe 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
1.6 WHEREAS, record of the proceedings for the requested annexation
and zoning designation of the subject "Property" held before the
DEVELOPMENT AGREEMENT (AZ 06-022) PRATO VII.,LAS SUBDMSION PAGE 1 OF 11
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 8a' day of August, 2006, has approved
certain Findings of Fact and Conclusions of Law and Decision and
Order, set forth in Exhibit B, which aze attached hereto and by this
reference incorporated herein as if set forth in full, hereinafter
referred to as (the "Findings"); and
1.8 WHEREAS, the Findings require the "Owner/Developer" to enter
into a development agreement before the City Council takes final
action on annexation and zoning designation; and
1.9 "OWNER/DEVELOPER" deems it to be in its best interest to be
able to enter into this Agreement and acknowledges that this
Agreement was entered into voluntarily and at its urging and requests;
and
1.10 WHEREAS, "Cit}~' requires the "Owner/Developer" to enter into a
development agreement for the purpose of ensuring that the
"Property" is developed and the subsequent use of the "Property" is in
accordance with the terms and conditions of this development
agreement, herein being established as a result of evidence received
by the "City" in the proce~ings 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. 02-3 82, and the Zoning and Development Ordinances
codified in Meridian City Code Title 11.
NOW, THEREFORE, in consideration of the covenants and conditions set
forth herein, the parties agree as follows:
2. INCORPORATION OF RECITALS: That the above recitals aze
contractual and binding and aze incorporated herein as if set forth in full.
3. DEFINITIONS: For all purposes of this Agreement the following words,
terms, and phrases herein contained in this section shall be defined and interpreted as herein
provided for, unless the clear context of the presentation of the same requires otherwise:
DEVELOPMENT AGREEMENT (AZ 06.022) PRATO VII..LAS SUBDIVISION PAGE 2 OF 11
3.1 "CITY": means and refers to the City of Meridian, a party to this
Agreement, which is a municipal Corporation and government
subdivision of the state of Idaho, organized and existing by virtue of
law of the State of Idaho, whose address is 33 East Idaho Avenue,
Meridian, Idaho 83642.
3.2 uOWNER/DEVELOPER": means and refers to Chad Colbert,
Gerald Saxton, Kent Pintos, whose address is 3325 W. Jacobastor
Way, S. Jordan, Utah 84088, the party developing said "Property"
and shall include any subsequent owners and/or developers of the
"Property,'.
3.3 "PROPERTY": means and refers to that certain pazcel(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~ (Low Density Residential District), attached hereto and by
this reference incorporated herein as if set forth at length.
4. USES PERMITTED BY THIS AGREEMENT:
4.1 The uses allowed pursuant to this Agreement aze only those uses
allowed under "City's" Zoning Ordinance codified at Meridian City
Unified Development Code which aze herein specified as follows:
Construction and development of a Certificate of Zoning
Compliance shall be submitted to the City of Meridian prior to a
future development in the R-4 zone, and the pertinentprovisions of
the City ofMeridian Comprehensive Plan are applicable to thisAZ
06-022 application.
4.2 No change in the uses specified in this Agreement shall be allowed
without modification of this Agreement.
5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT
PROPERTY:
5.1. "Owner/Developer" shall develop the "Property" in accordance with the
following special conditions:
5.1.1. All future uses shall not involve uses, activities, processes, materials,
equipment and conditions of operation that will be detrimental to any
DEVELOPMENT AGREEMENT (AZ 06-022) PRATO VILLAS SUBDIVISION PAGE 3 OF 11
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 development.
5.1.3. That the owner/developer will 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
proj ect will have to be removed from their domestic service, per City
Ordinance Section 5-7-517, when services are available from the City
of Meridian. Wells may be used for non-domestic purposes such as
landscape irrigation.
5.1.5. That the following shall be the only allowed uses on this property:
single-family detached homes and allowed accessory uses of the R-4
zone.
5.1.6. That a maximum of 30single-family building lots will be platted on
this property.
5.1.7. That prior to any building permit, the subj ect property be subdivided
in accordance with the City of Meridian Unified Development Code.
6. COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and
the commitments contained herein shall be terminated, and the zoning designation reversed,
upon a default of the "Owner/Developers" or "Owners/Developers"' heirs, successors,
assigns, to comply with Section 5 entitled "Conditions Governing Development of Subject
Property' of this agreement within two years of the date this Agreement is effective, and after
the "City" has complied with the notice and hearing procedures as outlined in Idaho Code §
67-6509, or any subsequent amendments or recodifications thereof.
7. CONSENT TO DE-ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
"Owner/Developers" consents upon default to the reversal of the zoning
designation of the "Property" subject to and conditioned upon the following conditions
precedent to-wit:
DEVELOPMENT AGREEMENT (AZ 06-022) PRATO VILLAS SUBDMSION PAGE 4 OF 11
7.1 That the "City" provide written notice of any failure to comply with
this Agreement to "Owner/Developer" and if the "OwnerlDeveloper"
fails to cure such failure within six (6) months of such notice.
8. INSPECTION: "Owner/Developer"shell, immediately upon completion of
any portion or the entirety of said development of the "Propert}~' as required by this
agreement or by City ordinance or policy, notify the City Engineer and request the City
Engineer's inspections and written approval of such completed improvements or portion
thereof in accordance with the terms and conditions of this Development Agreement and all
other ordinances of the "City" that apply to said Development.
9. DEFAULT:
9.1 In the event "Owner/Developers", "Owner/Developers"' 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 maybe
modified or terminated by the "City" upon compliance with the
requirements of the Zoning Ordinance.
9.2 A waiver by "City" of any default by "Owner/Developers" ofany one
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
"Owner/Developers"'cost, and submit proof of such recording to "Owner/Developers",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 ofrelease
of this Agreement.
11. ZONING: "City" shall, following recordation of the duly approved
Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein.
12. REMEDIES: This Agreement shall be enforceable in any court of competent
jurisdiction by either "City" or "Owner/Developers", or by any successor or successors in
title or by the assigns of the parties hereto. Enforcement maybe sought by an appropriate
DEVELOPMENT AGREEMENT (AZ 06-022) PRATO VILLAS SUBDMSION PAGE 5 OF 11
action at law or in equity to secure the specific performance of the covenants, agreements,
conditions, and obligations contained herein.
12.1 In the event of a material breach of this Agreement, the parties agree
that "Cit}~' and "Owner/Developers" 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 thinly
(30) dayperiod and thereafter shall prosecute the curing of same with
diligence and continuity, then the time allowed to cure such failure
may be extended for such period as may be necessary to complete the
curing of the same with diligence and continuity.
12.2 In the event the performance of any covenant to be performed
hereunder by either "Owner/Developers" or "City" is delayed for
causes which aze 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
"Owner/Developers" agrees to provide, if required by the "Cit}~'.
14. CERTIFICATE OF OCCUPANCY: The "Owner/Developers" agrees that
no Certificates of Occupancy will be issued until all improvements are completed, unless the
"City" and "Owner/Developers" has entered into an addendum agreement stating when the
improvements will be completed in a phased developed; and in any event, no Certificates of
Occupancy shall be issued in any phase in which the improvements have not been installed,
completed, and accepted by the "City".
15. ABIDE BY ALL CITY ORDINANCES: That "Owner/Developers"agrees
to abide by all ordinances of the City of Meridian and the "Property" shall be subject to de-
annexation if the owner or his assigns, heirs, or successors shall not meet the conditions
contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and
the Ordinances of the City of Meridian.
DEVELOPMENT AGREEMENT (AZ 06-022) PRATO VII.,LAS SUBDMSION PAGE 6 OF 11
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:
c% City Engineer
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83642
with copy to:
City Clerk
City of Meridian
33 E. Idaho Avenue
Meridian, ID 83642
OWNER/DEVELOPER:
Chad Colbert, Gerald Saxton, Kent Pintos
3325 W. Jacobaster Way
S. Jordon, Utah 84088
16.1 A party shall have the right to change its address by delivering to the
other party a written notification thereof in accordance with the
requirements of this section.
17. ATTORNEY FEES: Should any litigation be commenced between the
parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to
any other relief as may be granted, to court costs and reasonable attorney's fees as
determined by a Court of competent jurisdiction. This provision shall be deemed to be a
separate contract between the patties and shall survive any default, termination or forfeiture
of this Agreement.
18. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree
that time is strictly of the essence with respect to each and every term, condition and
provision hereof, and that the failure to timely perform any of the obligations hereunder shall
constitute a breach of and a default under this Agreement by the other party so failing to
perform.
19. BINDING UPON SUCCESSORS: This Agreement shall be binding upon
and inure to the benefit of the patties' respective heirs, successors, assigns and personal
representatives, including "City's"corporate authorities and their successors in office. This
Agreement shall be binding on the "Owner/Developer" 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
DEVELOPMENT AGREEMENT (AZ 06-022) PRATO VILLAS SUBDIVISION PAGE 7 OF 11
or alienation shall be subject to the provisions hereof and any successor owner or owners
shall be both benefited and bound by the conditions and restrictions herein expressed "City"
agrees, upon written request of "Owner/Developer", to execute appropriate and recordable
evidence of termination of this Agreement if "City", in its sole and reasonable discretion, had
determined that "Owner/Developer" 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 "Owner/Developer" and
"City" relative to the subject matter hereof, and there aze no promises, agreements,
conditions or understanding, either oral or written, express or implied, between
"Owner/Developer" and "City", other than as aze 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 pnraLant, nth respect to "City", to a duly adopted
ordinance or resolution of "City".
21.1 No condition governingtheusesand/or conditions governing re-zoning of the
subject "Property" herein provided for can be modified or amended without
the approval of the City Council after the "City" has conducted public
hearing(s) in accordance with the notice provisions provided for a zoning
designation and/or amendment in force at the time of the proposed
amendment.
22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective
on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning
Ordinance in connection with the annexation and zoning of the "Property" and execution of
the Mayor and City Clerk.
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement
and made it effective as hereinabove provided.
OWNER/DEVELOPERS:
DEVELOPMENT AGREEMENT (AZ 06-0Z2) PRATO VILLAS SUBDMSION PAGE 8 OF 11
~~~ ~.~
GERALD SAXTON
~' ~G-
KENT PINTUS
CITY OF MERIDIAN
Attest:
aycf c
By:
MAYOR T de WEERD
OF
~~d
6; 3'R:, CITY CLERK S~A~ z
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DEVELOPMENT AGREEMENT (AZ 06-022) PRATO VQ,LAS SUBDIVISION PAGE 9 OF I 1
JAN-24-2004 05:18A FROM:DBS CONST~TRUESTYLE 801 254 3725 70:12099385200 P.2
0?/0212008 16:11 2089395200 HGI EAfatE PAGE 91/02
SA~CTON
KFsN'I' PIlVTUS
DEV~.QPBI~NT A4R` (AZ 06-02':) PRATO VG,LAS 3VaDM5iON PAGE 9 dF 11
Jul 03 08 11:37a Kent Pintus Office 4359868946 p.2
SA~C~N
KE PINTUS
CYTY OF MERIDL~N
ey:
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U&VEIAPMEIdT AGItF.EI1~11T (AZ 06.022) PEtp?O VQ iAS SL1~Dl'V7SION FAGS 9 OF l 1
Z0/i8 3@t7d 3'1Jb3 I9H 00Z88£680Z 65=LI 880Z/Z0/t0
STATE OF IDAHO )
ss
County of Ada )
On this 2 day of ~ 200~before me, the undersigned, a Notary
Public m and for said State, personally a peered Chad Colbert, known or identified to me to
be the person who signed the instrument, and acknowledged to me that he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal
the day and year is this certificate first above written.
. ,- ,.'~ •
(SEAL) ' ' ~ ~ •
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• '. ~
•
~~,~1,'~,l~~gLlG Q•~Oi
.,~ OE~~•
otary Public for Idaho
Residing at• C_C~S.C). ~~,, l.D
My Commission Expires: ~p--E ~ -~ ~ ,
STATE OF IDAHO )
ss
County of Ada )
On this day of , 200 ~, bef me, the undersigned, a Notary
Public in and for said State, personally appeared Geral axton, known or identified to me to
be the person who signed the instrument, and ackno edged to me that he executed the same.
IN WITNESS WHEREOF, I have
the day and year in this certificate first ab
Tito set my hand and affixed my official seal
written.
(SEAL)
Notary Public for Idaho
Residing at•
My Commission Expires:
DEVELOPMENT AGREEMENT (AZ 06-022) PRATO VII.,LAS SUBDMSION PAGE 10 OF 1 I
JAN-24-2004 05:19A FROM:DBS CONST~TRUESTYLE 801 254 3725
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STATE OF IDAHO )
ss
County of Ada )
T0: 12089385200 P.3
PAt~ @2/02
. On this ~~ day of .~ 200~bef~re me, the uudarsigrmd, a Notary
i'ubhc w earl ficr said Ststc„ persaa811y Chad Cotbent, kttvwn aridenti$ed bo ma to
be theperson who the fnstrcmcnt, aad aclaaowledged to ~m®that he executed the same.
1N W1TNS53 ~ERBOF, I have herelusto set my hand and s~ixed my o~lcial seml
the day aad year is tbia aettific~te ~t above written.
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STATE QF IDAHO )
ss
County o~'Ada
(~~n~)
otacy P~tblio for Idaho
Residing at: C~ u~eli, c0
My Commission Bxpiros: ~O~Lr
on this„~_ day of 4/ ~,Ot, , beSoca ms; the uud~sfg,~tad, a Notary
public in attd for said State, !?~ y nAP~ C>rorald Saxton, known ozirclentified to me tQ
b®the pe~soa who signed the insonua~t, and ac~moaledged to eae that bs t~ecuted the effiae.
IN 3 ~VHEREOP,1 have hereto set ray hand and armed my affivial seal
the day and year is tbns aertiEaatte firmt above wrfttep.
Nplery PubUc, Srete pl Ufah
DOROTHY M 81NSTOGK
i 1589 Moor Ogle Lerto
Salt Lake Glly, LIT 94417
"' My ('Amrtr88i0I1 Expne61006.2008
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Pub c fat Idaho
Resf ding at: ,_,/S ~' him ~ ~.~
1Vly Commis9ior- Expires: ,ice _a ~ _ o~
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STATE OAF - )
~~, ss
County of. "- ~ n`~~'~
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an this •~ day of U.l 200, before a>le, the tmdetsigned, a Notary
Publicia and forsaid Stale, persanallyappe~ KentPbatu~, l~ownoridentifiedtometo be
t~ p~som who signed the iastcua~t, and acknowledged to rae that he execot+dd the same.
1N WTPNESS WI~REOF, l have herelmto set myhand and affixed my a#licxal seal
the day and year is this aeatiBcate Si>gt above written.
~, WENDY NIELSEN
~a Notary Pubttc
••• State Of Utah
omrnFaston wee Jon, 29.2012
2Q N. Moir St. Suit6 ~, Ott . l8 84770
NoteryPtlblic orb ll.
Residing at: SF, Ge. ~ e L~-T
My Camniissioa Expires:
STATE OP IDAHO )
:a
County ofAda )
0lttbis dayof~`
Pabfic, PAY aPP 1'amtay de Weerd anti Wi
0o me to be the Ms)nnr and Cleric, respectively, of thtr
iasteumeut or the person that executed the '
acknowledged to me that s~ City executed fi~
p.l
$'
200 before eae, aNotarys~•- ~~~
]r, w or atifihd
O~ l~etidiHtl, who CXeC11tf7d the
of beba]f of said City, and
IIJ WITNESS W'I~BREgE~C fi hanre ~+eunto s~ my head and affixed nuy
official seal the day and year in this cafe first above written
(SEAx.) ~ ~-
NotaryPublic for Idaho
Residi~ at:
Cotnmissa3>A expires:
DE~.OP1+4~i?' ~' (AZ Ob-022) PRATO VIY,LgS SUBDIVISION PAGE 2 ! OF I !
Z0/Z8 39t7d 3'lJd3 I'JH 08ZS8E680Z 6S~Li B08Z/Z0/L0
STATE OF IDAHO )
ss
County of Ada )
On this day of . 200, ore me, the undersigned, a Notary
Public in and for said State, personally appeared t Pintus, known or identified to me to be
the person who signed the instrument, and owledged to me that he executed the same.
IN WITNESS WHEREOF, ve hereunto set myhaad and affixed my official seal
the day and year in this certifi t above written.
(SEAL)
STATE OF IDAHO )
Notary Public for Idaho
Residing at•
My Commission Expires:
ss
County of Ada )
2~~ 8'
On this ~ day of ~ 200, before me, a Notarysp,.~,,.p_t~rilPrigr~
Public, personally appeared Tammy de Weerd and Jr., ow or i entified
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 e hereunto set my hand and affixed my
official seal the da ~•a~,~ye~ r in this certificate above written
••.•• TARA ~•••.
(SEAT-) ~' y ~,~; otary Public for Idaho
:~ ' ~ ~ Residing at: l ~
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*~,"~ ~;~~~ Commission expires• _ I l w
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DEVELOPMENT AGREEMENT (AZ 06-022) PRATO VILLAS SUBDMSION PAGE 11 OF 11
. I.ega[ Description
DESCRIPTK>N FOR ANNEXATION TO CITY OF WlEit101AN,
PRATO VILLJ~w SUBDMS(ON
Mardi 2~, 2006`
A PARCEL OF LAND BEING A PORTION QF WEST DAPHNE STREET ANO ALL OF
LOTS 8 AID 7, BLOCK 2, OF BU1gC CAT ESTATES NO.2, AS RECORDED W
BOOK 32 OF PLATS. PAGE 1945 AND 1948, ADA (AUNTY RECORDERS OFFICE.
LOCATED UJ THE SOUTH 1R OF THE SOUTHWEST 1/< OF SECTION 27,
TOVYNSHiP 4 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY. IDAHO.
MORE PARTICULARLY OBSCRIBED AS FOLLOWS:
COMMENCING AT Ti$ SOUTHWEST CORNER OF THE SW 114 OF SECTION 27,
T. 4 N.. R t W„ B.M.. AOA COUNTY, IoAF10, THENCE S 8g'35~ E 2653,98 FEET'
~ THE S,OUTFiEAST OORNFJ2 OF SAID SW 1/4 (SOUTH t/4 CORNER}, THE'Nf2E
N 00•~O9' E 644.81 FEET ALONG THE EAST LINE OF SAID 8W 1/< TO THE
SOUTHEAST CORNER OF T. BLOCK 2; OF BLACK CAT ESTATES NO. Z, AS
RECORDED pV BOOK S2 OF Pu1T6, PAGE 1945 AN01948s ADA COUNTY
RECAROERS OFFICE, THH REAL POINT OF BEGINNING OF THI3 SUBOM510N:
THr~ICS N 89.18'40' W 82gb7 FEET TO A POINT ON THE NEW NORTHERLY
RIGHT OF WAY WEST DAPHNE STREET;
THENCE S 87.41 ~8' W 5.82 FEET TO THE CENTERLINE INTERSECTK>r/ OF WEST
DAPHNE STREET ANO NORTH JOY STREET:
THENCE N 89't5'45' W 335,s0 FEET ALONG THE CENTERLINE OF WEST DAPHNE
STREET TO A POINT;
FOLLOWING THE BOUNDARIES OF LOTS 6 AND T, BIOCK~2, OF SAID BLACK CAT
ESTATES N0.2 AS FOLLOWS:
THENCE N 00'2514• E 880 25 FEET TO A POINT ON THE NORTH LWE OF THE
S 1h OF SA10 SW 1/4;
TKENCE S 89.17'29• E es®,et FEET ALONG SAID LINE'TO THE NORTHEAST
CORNER OF SAID S th (CS 1118 CORNER);
TIiENCE S 00'20'12' W 660.00 FEET TO A POIh(T TO THE REAL POINT OF
BEGINNING OF TH(B 5U80TVI310N.
SAID PARCEL COKTAININO 10.16 ACRES MORE 012 LESS.
WAYNE K BAgBER,
P.L.S. 8444
b0t08•R~•Aanct.t(ac
RECEIVED
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF
LAW AND
DECISION & ORDER
AU6 4 ,
eridian
~pp ~~** rnr:+F k:Office
~~NL~t'IG~1c~7? ~'~ % y'
4 ~auta .y~
.s
In the Matter of Annexation and Zoning of 10.16 acres from RUT (Ada County) to R-4
(Mediam Love Density Residen13a1) AND, Preliminary Plat approval of 30 single-family
residential building lots and 4 common lots on 9.97 acres in a proposed R-4 zone, far Prato
Villas Subdivision, by Briggs Engineering, Loa
Case No(s).: A7~06-022 and PP-0f~022
For the City Connell Hearing Date of: July 18, 2006
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of July 18, 2006,
incorporated by reference)
2. Process Facts (see attached Staff Report for the hearing date of July 18, 2006,
incorporated by reference)
3. Application and Property Facts (sea attached Staff Report for the hearing date of July 18,
2006, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the
hearing date of July 18, 2006, incorporated by reference)
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use
Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503).
2. The Meridian City Council takes judicial notice of its Unified Development Code
codified at Title 11 Meridian City Coda, and all current zoning maps thereof. The City of
Meridian has, by ordinances, established the Impact Area and the Amended
Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002,
Resolution No. 02-382 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code §
11-SA.
CITY OF MERIDIAN FIIVDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-05-022 / PP-06022 - PAGE I of 4
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
S. It is found public facilities and services required by the proposed development will not
impose expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Decision, which
shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon
the applicant, the Planning Department, the Public Works Department and any affected
Party requesting notice.
7. That this approval is subject to the Legal Description, Preliminary Plat, and the
Conditions of Approval all in the attached Staff Report for the hearing date of July 18,
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-SA and
based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby
ordered that:
1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat
dated June 2, 2006, by Briggs Engineering, Inc., 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 heating date of July 18, 2006, incorporated by reference.
D. Notice of Applicable Time Limits (as applicable)
1. Notice of Preliminary Plat Duration
Please take notice that approval of a preliminary plat, combined preliminary and final
plat, or short plat shall become null and void if the applicant fails to record a final plat
within two (2) years of the approval of the preliminary plat or one (1) year of the
combined preliminary and final plat or short plat. In the event that the development of
the preliminary plat is made in successive phases in an orderly and reasonable meaner,
and conforms substantially to the approved preliminary plat, such segments, if
submitted within successive intervals of eighteen (18) months, may be considered for
final approval without resubmission for preliminary plat approval. Upon written request
CITY OF MERIDL4N FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-06-022 / PP-06-022 -PAGE 2 of 4
and filed by the applicant prior to the termination of the period in accord with 11-6B-
7.A, the Duector may authorize a single extension of time to record the final plat not to
exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as
determined and approved by the City Council maybe 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 cuaent provisions of Meridian City Code
Title 11. If the above timetable is not met and the applicant does not receive a tune
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 permit entitles the Owner to request a regulatory taking analysis.
Such request must be in writing, and must be filed with the City Clerk not more than
twenty-eight (28) days after the final decision concerning the matter at issue. A request
for a regulatory takings analysis will toll the time period within which a Petition for
Judicial Review may be filed.
2. Please take notice that this is a final action of the governing body of the City of
Meridian, pursuant to Idaho Code § 67-6521 as affected person being a person who has
an interest in real property which may be adversely affected by the issuance or denial of
the conditional use permit approval may within twenty-eight (28) days after the date of
this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho
Code.
F. Attached: Staff Report for the hearing date of Juky 18, 2006.
CITY OF MERIDIAN FINDWGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-06-022 / PP-06-022 • PAQE 3 of 4
By action of the City Council at its regulaz meeting held on the ~ ~ day of
2006.
COUNCII. MEMBER SHAUN WARDLE VOTED_,5~-
COUNCIL MEl~~lBER JOE BORTON VOTED`~~ G,~~-
COUNCII. MENNIBER CHARLIE ROUNTREE VOTED__,~~'
COUNCIL MEMBER KEITH BIItD VOTED ~~
TIE BREAKER
MAYOR TA1VIlvIY de WEERD VOTED 'ma'r
de
ATTEST:
WII..LIAM G. BERG, JR,
~ T 18T • ~ ~ ~~~~•
an.~~y ~,,.~/ t+, Y
/f/~~f I!f 111 F11f1~ `~~`
Copy served upon: _,~ Applicant
/ Planning Departm~t
/ Public Works Department
-~ City Attorney
By: ~ n,Q,Q„~ Dated: ~~ "'~
!ty Clerk's Office
CTCY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). A~06-022 / PP-Ob-022 -PAGE 4 of 4
CITY OF MERIDIAN PLANNINp pEPARTMENT S°I'AFF REPORT FOR THE REARING DATE OF J[7LY 18, 2006
STAFF REPORT Hearing Dots: 7/18/2006
TO: Mayor & city council
FROM: C. Caleb Hood
Current Planning Manager
Meridian Planning Department
208-884-5533
.~.~0,~~'rmrea 1`~ _
~:~Y[.er7~dt~1
t iuvto ~
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SUBJECT: Prato Villas Subdivision
AZ-06-022
Annexation and Zoning of 10.16 sates from RUT (Ada County) to
R~ (Medium Low-Density Residential).
PP-06-022
Preliminary Plat approval of 30 single-family residential building lots and 4
common lots on 9.9? acres in a proposed R-4 was, by Briggs Engineering,
Inc.
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applieaat, Kevin Harris of Briggs Engineering, Inc., has applied for Annexation and Zoning
(AZ) to R-4 (Medium Low-Density Residential) for 10.16 acts of property curr~rtly zoned RUT
in Ada County. The site is located on the north side of Daphne Street, approximately 600 feet
north of McMillan Road, east of $laek Cat Road. Currently, thane are two single-family homes
and associated outbuildings on this site. Both of the existing homes will be moved/removed. The
site is composed of two tax parcels commonly known as Lots 6 and 7, Block 2, Black Cat Estates
Subdivision #2. The subject property is within the Urban Service Planning Area.
2.5UNIlVIARY RECOMNlENDATION
The subject applications (AZ and PP) were submitted to the Planning Department for concurrent
review. Below, staff has provided, a detailed analysis and recommended conditions of approval
for the requested Annexation and Zoning and Preliminary Plat applications. Staff is
recommending approval of the oronosed Prato Villas Subdivision [AZ-06-022 and PP-06-022)
with the conditions listed is Exhibit B of the Staff Report. The Meridian Planning and Zoning
Commmisaion hard the item on June 1 2006 At the uublic hearing they„moved to recommend
armmval. On July 1ST 2001~,,the Meridian City Caunatl voted to approve the subiect
apDliCatlan8s
a. Summary of Commission Pubiic Hearing:
i. In favor. Kevin ,Harris, Briggs Enginearin~g
ii. In opposition: None
iii. Commenting: None
iv. Staff presenting application: Caleb FIood
v. Other staff commuting on application: Mike Cole
b. Key lasses of Discussion by Commission:
i. Amending Hlock 3 to brave 61ots and an open space area in the middle;
ii. Other development is this area; and,
iii. Timing of sewer availability to this site.
G Key Commission Changes to StaS Recommendation:
i. Recommended approval of a revised preliminary plat that shows 6 buildable lots
(Z less than originally proposed) in Block 3, and a common open space ara with
Preto Villas Subdivision AZ-06-02Z/PP-06-022 PAGE 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAPF REPORT FOR THE HEARING DATE OF JULY 18, 2006
an irrigation easement init. NOTE
submit revise pies of the nrelimi
the . ~n June 8.2006 the a~
rg}jLement for copies of the revise
has been included w~tbin the subeec
d. Outstanding I~astte(s) for City Coundl:
i. None.
The Commission required the applicant to
n,~+ plat reflecting the changgs made durir
complied with the Commission's
~ plat. Thesevised pl~t~,,dated Tune 2.2006
t StaffReoort in Exhibit A.
3. PROPOSED MOTION (to be conotdered after the publie heaving)
Approval
After considering all staff, applicant and public testimony, I move to approve File Numbers AZ-
06-022 and PP-06-022 as presented in staff report for the hearing date of July 18, 2006 with the
following modifications: (Add any proposed modifications.)
Recommend Denial
After considering all staff, applicant and public testlmorry, I move to deny File Numbers AZ-
06-022 and PP-06-022 as presenter during the hearing on July 18, 2006 for the following
reasons: (You should state specific reasons for denial of the annexation and you must state
specific reason(s) for the denial of the plat.)
Continuance
I move to continue File Numbers AZ-06-022 and PP-06-022 to the hearing date of (insert
continued hearing data here) for the following reason(s): (You should state specific reason(s)
for condmrance.)
4. APPLICATION AND PROPERTY FACTS
a. Site Address/Location: 4052 and 4202 W. Daphne Street; north of McMillan Road and
east of Black Cat Road in Section 27, Township 4 North, Range 1 West
b. Owners:
Chad Colbent, Gerald Saxton, Kew Pintos
3325 W. Jacobastor Way
S. Jordan, UT 64088
c. Applicant:
Kevin Harris, Briggs Engineering, Inc.
1800 W. Overland Road
Boise, ID 83705
d. Representative: Kevin Harris, Briggs Engineering
e. Present Zoning. RUT (Ada County)
f. Present Comprehensive Plan Designation: Law Density Residential
g. Description of Applicant's Request: The applicant is requesting concurrent approval for
Annexation and Zoning of the subject 10 acres to R-4 and Preliminary Plat approval of 32
single-family buildable lots and 3 common lots. All of the homes within the development are
proposed to besingle-family detached. The average lot size in the proposed development is
9,954 square feet. The gross density of the project is 3.2 dwelling units per acre.
Prato Villas Subdivision AZ-06-022/PP-06-022 PAGE 2
CITY OF MERIDIAN PLANMNG DEPARTMENT STAFF REPORT FOR THE FlEARWG DATE OF JULY 18.2006
Approximately six percent of the site is being set aside for open space.
1. Date of preliminary plat (attached is Exhibit A): 3/14/06 Lrevlsed 06-02-Ob1
2. Date of landscape plan (attached in Exhibit A): 3/1/06
5. PROCESS FACTS
a. The subject application will in fact constitute an annexation as determined by City Ordinance.
HY reason of the provisions of the Meridian City Code Title 11 Chapter 5, a public hearing is
required before the City Council oa this matter.
b. The subject application will in fact constitute a preliminary plat as determined by City
Ordinance. By reason ofthe provisions of the Meridian City Code Title 11 Chapter 5, a public
hearing ie required before the City Council on this matter.
c. Newspaper notifications published on: May 15"' and 29s', 2006 (for Planning & Zoning
Commission haarIng), and June 26~ and July 10`x, 2006 {for City Council hearing)
d. Radius notices mailed to properties within 300 feet oa: May 5'~, 2006 (for Planning &
Zoning Commiesion hearing) and June 23~, 2006 (for City Council hearing)
e. Applicant posted notice on site by: May 22aQ, 2006 (for Planning & Zoning Commission
hearing), and July 8~, 2006 (for City Council hearing)
6. LAND USE
a. Existing Land Use(s): There are two single-family homes and some associated outbuildings
oa this site. The existing homes are to be moved/removed.
b. Description of Character of Surrounding Area: This area contains a mix of five-acre
parcels in Ada County, and dcveloping subdivisions in the City. This area is rapidly
transitioning from rural to urban.
c. Adjacent Land Use and Zoning:
1. North: Approved single-family lots wlthin Volterra Subdivision, zoned R~
2. East: Approved single-family lots within Volterra Subdivision, zoned R~
3. South: Single-family homes on large parcels, zoned RUT (Ada County)
4. West: Single-family homes on large parcels, zoned RUT (Ada County)
d. History of Previous Actions: None.
e. Existing Constraints and Opportunities:
1. Public Works:
Location of sewer. This property is currently not severable. It would
ultimately sewer to the North Black Cat Trunk.
Location of water. This pr~nperty des not currently have water service.
would ultimately receive water service from Volterra Subdivision to the east of
off-site mains installed to the south.
Issues or coacems:
Meridian saver or water.
This property is mot currently serviceable by City of
The large gravity irrigation easement noted on the preliminary plat may reader a
Prato Villas Subdivision AZ-Ob-022JPP 06-022 PAGE 3
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF IDLY I8, 2006
large portion of some lots useless.
2. Canals/Ditches Irrigation: There are a few irrigation ditches and drains that traverse
through this site. All open irrigation ditches, laterals and. canals, should be tiled when
this property develops.
3. Hazards: No hazards have been identified on this site.
4. Proposed Zoning. R~3 (Medium Low-Density Residential)
5. Size of Property: 10.16 atxes
f. Subdivision Plat Information:
• 1. Residential Lots: 32 Sorignzauypmoosed. 30 a~
2. Non-residential Lots: 0
3. Total Building Lots: 32
4. Common Lots: 3 ,(originallX,proposed. 4 anorovedl
5. Other Lots: 0
6. Total Lots: 35 ~einallyprocrosed. 34 anpmved)
7. Gross Density: 3~ units per acre (net density is 4.0 duJacre)
8. Minimum House Size: 1,700 square feet
g. Landscaping
1. Width of street buffer(s): N/A
2. width of buffez{s) between land uses: N/A
3. Percentage of site ae open space: 0.64 acrea/6.42% (ori ' v uronosed. added
1~. 273 square feet with revised ulatl
4. Other landscaping standards: Parkway areas are to be 8-feet wide and contain
Class II trees to be counted as common open space (UDC I1-3A 17E).
h. Amenities: Parkways with detached sidewalks.
i. Off-Street Parking: UDC 11-3C-6 requires single-family detached dwellings to have 2
enclosed parking spaces (a garage) and a 20' x 20' parking pad in front of each garage.
j. Proposed and Required Residential Standards:
Setbacks (in feet) Proposed Required
Front Paving Area (to sidewalk) 1 S 15
Side Accessed Garage (to sidewalk) 1S 15
Front Accessed, Garage (to sidewakk) 20 20
Side 5 5
Rear 15 15
Frontage 60 60
Lot Size 8,400 8,000
Preto Villas Subdivision AZ-0fr027JPP-06-022 PAGE 4
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF ]ULY 18, 200b
k. Proposes and Required Noa Residential: N/A
1. Summary of Proposed Streets and/or Access: The applicant is proposing to cAnstruct a
public street, Prato Avemie, to intersect Daphne Street. The applicant is proposing to extend a
public stub street from Volterra Subdivision, VPapoot Avenue, from the east. The applicant is
also proposing to provide a public street stub to the 5-acre lotto the west. All of the internal
streets are local streets with 36 feet wide street sections (measured back of concrete nbboa
curb to back of concrete nbbon curb) and contain 4foot wide detached sidewalks within 60-
feet ofright-of--way. Staff is generally supportive of the proposed street system. ACFID has
submitted comments and conditions back to the City for this project. ACFID's conditions are
included in Exhr"bit B.
7. COIVIIVIENTS IKEETIlVG
On May 12, 2006, a joint agency and departments meeting was held with service providers in this
area. The agencies and departments present include: Meridian Fire Department, Meridian Parks
Department, Meridian Public Works Department, Meridian Police Department, and the Saaitaq-
Services Company. Staff has included comments, conditions end recommended actions is
Exhibit B below.
8. COMPRE~TSIVE PLAN POLICIES AND GOALS
This properly is designated "Low Density Residential" on the Comprehensive Plan Future Land
Use Map. Low density residential arms are anticipated to contain up to three dwellings per acre
(see Page 95 of the Comprehensive Plan.) The proposed Preliminary Plat includes 32 siagle-
family lots oa l0 acres for a gross density of 3.2 dwelling utrit~s/aere. The proposes density is
above the anticipated density for this area. Staff is recommendine that the~pplicant remove at
Ieast two of the pr~c Imsed lots so the deg$~y of this development complies with the
~rehensive Plan.
Staff finds the following Comprehensive Plan policies to be applicable to this property and apply
to the proposed development (staff analysis in italics below policy):
Chapter VII, Goal III, Objective A, Action 1 -Require that development projects have planned
for the provision of all public services.
When the Gity established its Area of City Impact, it planned to provide City services to the
subject property, The City of Meridian plans to provide municipal services to the lands proposed
to be annexed in the following manner.•
• Sanitary sewer and water service will be emended 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 jurisdfction 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 SherifJ"s t?j~ce.
Once annexed the lands will be serviced by the Meridian Police Department (ADD).
• The roaatvays aa{~acent to the subject lands are currently owned and maintained by the
Ada County Highway District (ACfiD). This service will not chmige.
• The subject lands are currently serviced by the Meridian School District #2. This service
will not change.
Prnto Villas Subdiviaian AZ-0(r02?JPP-0&-022 PAGE 5
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF )ULY 18, 2006
The subject lands are currently serviced by the Meridian Library District This service
will not change and the Meridian Library District should suffer no revenue loss as a
result of the subject annexation. '
Municipal, fee-supported, services will be provided by the Meridian Building Deparhnent, the
Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater
Department, the Meridian Pdanning Deparbnent, Meridian Utility Billing Services, and Saratary
Services Company.
Chapter VI, Goal II, Objective A, Action 3 -Consider "Accommodating Bicycle and Pedestrian
Travel: A Recommended Approach" from the National Ceder for Bicycling and W alldng is all
land-use decisions.
This publication encourages jurisdictions to establish bikeway and walkway facilities in new
construction and reconstruction projects, in a mameer that is safe, accessible and convenient.
Stajf believes that the subject applications comply with the policies listed in the literature noted
above.
Chapter VI, Goal II, Objective A. Action 6 -Require street connections between subdivisions at
regular intervals to enhance connectivity and better trati'ic flow.
The submitted preliminary plat proposes to extend the one stub street currently provided to this
property from the east. In addition, one stub street is being proposed to the western parcel that is
currently zoned in Ada Gvunty RUT, which st~`'anticipates will re-develop in the near future.
Staff believes that the applicant has done a nice job of connecting arul extending the existing stub
street as well as providing for future connectivity to the east and west.
Chapter VI, Goal II, Objective A, Action 13 -Review new development for appropriate
opportunities to connect to local made and collectors in adjacent developments.
See analysis above,
Chapter VII, Goal I, Objective D, Action 9 -Require new residential development to provide
permanent perimeter fencing to contain construction debris on site and prevent windblown debris
from entering adjacent agricultural and other properties.
The applicant is proposing to construct a six foot tall closed fence around the boundary of this
development. Prior to house construction, fencing should be constructed around the perimeter of
this site. See Analysis below and Exhibit B for more information.
Chapter VI, Goal II, Objective A, Action 5 -Require pedestrian access connectors in all sew
development to link subdivisions together to promote neighborhood connectivity as pact of a
comrrnrnity pathway system.
The applicant is proposing to construct four foot wide sidewalks adjacent to all ojthe proposed
streets, which connect to adjacent properties. Stc~j''is supportive of the proposed pedestrian
connections.
Chapter VII, Goal 1V, Objective C, Action 6 -Require pedestrian access in all new development
to link subdivisions together and promote neighborhood connectivity.
Praha Villas Subdivision AZ-ob-022/PP-0b-022 PAGE 6
CITY OF 14TBRTDTAN PLANNQJG DEPARTIV[ENT STAFF REPORT FOR TFIE HEARING DATE OF JULY 18, 200b
See above.
Chapter VII, Goal IV, Objective C, Action 1 - Protecd existing residential properties from
incompatible land use development on adjacent parcels.
The applicannt is proposing a residential zone. Stc~`' finds that the existing single family
residential properties to the north, south, east and west, are compatible with the proposed
development.
Chapter VII, Goal I, Objective D, Action 8 -Require new urban density subdivisions which abut
or aro proximal to existing low density residential land uses to provide landscaped screening or
transitional densities with larger, more comparable lot sizes to buffer the imerface between urban
level densities and rural residential densities.
Sta,)~''recognizes that there are some existing low density residential land uses to the west and
south. The applicant is proposing to construct a six foot ml! privacy fence around this
development to screen this subdivision from the larger parcels. Further, most of the larger lots in
the subdivision are on the perimeter of the development, providing a transition from the large
county parcels to the internal smaller lots. Str~`ylnds that the proposed fencing should provide
enough screening between the proposed urban development and the rural residences surrounding
it. Stc~''recommends that the Commission and Council rely on any written or verbal testimony
provided from neighbors when determining ifadditional screening or more transition in density
is appropriate.
Staff believes that ~f' at least two buildable lots are removed (providing a gross density of 3.0
dwellings/acre), the density and zoning for this property would be appropriate. Sta,~`'recommends that
the Commission and Courrci! rely on arty verbal or written testimony that may be provided at the public
hearing when determining {f the applicant's zoning and development request u appropriate for this
property.
9. UNI)H'IED DEVELOPMENT CODE
a. Schedule of Uses: Unified Development Cede (UDG~ 11 Z-1 lists single-family detached
homes es permitted uses in the R-4 zoning district.
b. Purpose Statement of Zone:
R-4 Medium Low-Density Residential: The purpose of the residential districts is to
provide for a range of housing opportuirities 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 dist~~;sT,ed by the allowable density of
dwelling units per acre and corresponding housing types that can be accommodated
within the density range,
c. General Standards: All of the proposed lots comply with the standard street frontage and lot
size requirements of the R~ zone established in the UDC. No dimensional modifications are
being requsst~ for the proposed development.
10. ANALYSIS
a. Analysis of Facts Leading to Staff Recommendation:
Prato Ales Subdiv[sion AZ.06-022/PP-0b-022 PAGE 7
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR TIC HEARING DATE OF JULY 18, 2006
1, AZ Application: Haled on the policies and goals contained is the Comprehensive
Plan, 'staff believes that the requested R11 zone is appropriate for this property, Please
see Exhibit D for detailed analysis of the requir~l facts and findings for annexation.
The affiexation legal description submittal with the application (stamped on March
22, 2006 by Wayne g. Barber, PLS) shows the property as contiguous to the existing
corporate boundary of the City of Meridian.
Special Considerations:
Development A egz smear; UDC 11-SB-3.D.2 and Idaho Code § 65-6711A
provides the City the authority to require a pmg~ty owner to eater into a
Development Agreement (DA) with the City that may regains some written
commitment for all future uses. Staff believes that a DA is necessary to ensure
that this pnopg~- is developed. in a fashion _that is consistent with the
s~mprehensive plan d . }gnation and does ~rrot nesatively imaact nearby
properties.
Prior to the annexation ordinance approval, a Development Agreema~o~ (DA)
shall be entered into between the City of Meridian, property owner (at the time of
annexation ordinance adoption), and the developer. Tie pplicant shall contact
the Citv Attp~~v. Bill Nary . at 888-4433 to itutiate thisprocess. The DA shall
incorporate the following: '
• That all tiit~ue 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 orodors.
• 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.
• That the applicant will be responsible for all costs associated with the
sewer and water service extension
• That any existing domestic wells and/or septic systems within this
project will have to be removal 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 purposcs such as
landscape irrigation.
• That the following shall be the only allowed uses on this property:
single-family detached homes and allowed accessory uses of tha R-4
zone.
• That a maximum of 30 single-family building lots will be platted on this
ProP~Y
• That prior to issuance of any building permit, the subject property be
subdivided in accordance with the City of Meridian Unified
Development Code.
2. PP Application: The proposed preliminary plat substantially complies with the
Unified Development Code,
Special Considerations:
Prnto Villas Subdivision AZ-06-022/PP-06-022 PAGE B
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NLY 18, 20Q6
Denser/Open Space; As noted previously in this report, this arez is designated for low
density residential uses. Low density residential is defined as up to three dwelling
units per acre. The submitted plat has a gross density of 3.2 dwelling units per acre.
There are existing rural lots to the west and south of this site. Therefore, staff is
recommending that at least two lots: Lots 4 and S, Block 3 be removed. This will place
the density of the development at 3.0 dwelling units per acre, consistent with the
Comprehensive Plan.
UDC 11-3G 3A1 requires at least 5% of the total land area to beset aside for common
open space insingle-family developments. Parkways and street buffers as designed by
the applic~ut do count towards the open space requirement. However, because two lots
should be removed from this development, staff recommends that that area be sex
aside for a park area. Because they are centrally located, staff recommends that a
majority of Lots 4 and 5, Block 3, be used for a common pazk area for the
hom~wners' within this development.
1,andsGt...pias: The landscape plea prepared by 7ensen Belts, Associates, on 3-1-06, is
approved with the followingmodifications/notes:
• Per UDC 11-3G-3A, set aside at least 6% (0.6 acres) of the site for useable
open space, as Proposed.
• Incorporate portions of Lots 4 and 5, Block 3, into a common park area. Per
UDC 11-3G-3E1, at least one deciduous shade tree per every 8,000 square
feet of common open space should be planted, and common areas should be
improved with lawn, either seed or sod.
• Per UDC I 1-3B-10, the applicant should work with the City Arborist, Elroy
Huff, on designing, adopting, and implementing a protection and mitigation
plan for the existing trees on site.
• A written certificate of completion should be prepared by the landscape
architect, designer, or qualified nurseryman responsible for the landscape
plan. All standards of installation should apply as listed in UDC 11-3B-14.
Submit copies of a revised landscape plan, reflecting the changes/notes mentioned
above, with the final plat application(s).
Stub Streets: The applicant should be required to extend the public stub street from the
east, Wapoot Street and provide a public stub street to the Knudsen property to the
west (Parcel #80982010100) as proposed.
Existin~Residences/Buildings: The site currently contains multiple buildings. All
existing buildings shall be located/re-located in acxordance with the building setbacks
of the R-4 zone, prior to signature of the final plat by the City Engineer.
The applicant is proposing to construct 6 foot solid fencing along the entire
perimeter of the site. A detailed fencing plan should be submitted upon applic~tia~n of
the final plat. If permanent fencing is not provided before issuance of a building
permit, temporary construction fencing to contain debris must be installed around the
perimeter. Perimeter, common open space, and micro-path /mufti use fencing shall be
designed according to UDC 11-3A 7.
Prato Villas Subdivision AZ-08-027JPP-06-0Z2 PAGE 9
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARII~TG DATE OF J1JLY 18, 2006
S.ommon Areas: Maintenance of all common eras shall be the responsibility of the
Prato villas Home Owners' Association.
flitches. Laterals and Canals' Per UDC 11-3A-6 all irrigation ditches, laterals or
canals, cxclusive of any natural waterway, that intersect, cross or lie within the area
being subdivides shall be covered.
Pressure Irrigation: The City of Meridian requires that pre~suriz~ irrigation systems
be supplied by a year-mend source of water. The applicant should be required to use
~Y existing surface or well water for the primary source. If a surface or well source is
not available, asingle-point connection to the culinary water system shall be regiur~.
If a single-point connection is used, die developer will be responsible for the payment
of assessments for the common areas prior to signature on the final plat by the City
Engincer. An und~®round, pressurized irrigation system should be iastalled to alt
landscape areas per the approved specifications and is accordance with UDC 11-3A-
15 and MCC 9-t-28.
b. StaffRecommendation: Staff recommends approval of the aubiect applications A7r06-
and PP-06-022 with the conditions listed in Exhibit B of the Staff Report for the hearing
Un JWv i$. 2006 the Meridiap Cit_Co~~ro~} to aDnrove the enbiect anniicafio~s,
11. E2~1'TS
A. Drawings
1. Preliminary Plat (dated: 3-14-06) Revised 06-02-46
2. Landscape Plan (dated: 3-1-06)
B. Conditions of Approval
1. Planning Department
2. Public works Department
3. Fire Department
4. Police Department
5. Parka Department
6. Sanitary Service Company
~. Ada County Highway District
8. Cannel District Health Department
9. Settlers' Irrigation District
C. Legal Description
D. Required Findings from Unified Development Code
Prato Villas Subdivision AZ-06-022/pP-06-02Z PAGE 10
CITY OF MER[GIAN PLANNING DEPARTMENT STAFF REPORT)QOR THE HEARING DATE OF NLX 18.2006
A. Drawings
1. Preliminary Plat (dated: 3-14-Qb~ Revised 06-OZ-0b
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Exhibit A-Page 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF ]ULY 18.2U06
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Exlu'bit A-Page 2
CffY OE MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 19, 2006
B. Conditions of Approval
1. Planning Department
ANNEXATION PROVISIONS
The avnlicant shall be required to enter into a Developpaeat Agreement with the City for this
pmi~Y The p~~~o~_f~DSve Rpment ent cyan be foci in Section 10 of ttte Staff
Reno~t for the 1}earintt_tlate of July 18.2006.
I.1 SITE SPECIFIC REQUIREMENTS---PRELIlVi1NARY PLAT (PP-06-022)
1.1.1 The preliminary plat labeled as Sheet 1 of 1, prepared by Briggs Engineering, Inc., dated June 2.
2006 is Approved, with the conditions listed herein. revisyd Rrel~ninary Pla± shows two less
buiidine lots than were orieinallL- ~ropos~l. and an 2Len space in Block 3 betw~
re~amtag,_ enlarged 6 buildable lots All comments and conditions of the accompanying
Annexation and Zoning (AZ-06-022) application shall also be considered conditions of the
Preliminary Plat (PP-06-022)
1.1.2 The landscape plan prepared, by Jensen Belts, Associates, on 3-1-06, is approved with the
following modifications/notes:
• Per UDC 11-3C3-3A, set aside aL least 6% (0.6 acres) of the site for useable
open space, as proposed.
• Incorporate portions of Lots 4 and S, Block 3, into a common park area. Per
UDC 11-3G-3E1, at least one deciduous shade tree per every 8,000 square
feet of common open space should be planted, and coanmon areas should be
improved with lawn, either seed or sal.
• Per UDC 11-3B-10, the applicant should work with the City Arborist, Elroy
Buff, on designing, adopting, and implementing a protection and atitigation
plan for the existing try on site.
• A written certificate of completion should be prepared by the landscape
architect, designer, or qualified museryman responsible for the landscape
plan. All standards of installation should apply as listed is UDC 11-3B-14.
Where the applicant has submtted a Preliminary landscape plea and where staff has reviewed
such plan, the landscaping shall be consistent with the preliminary plan with modifications as
Proposed by stafia The proceeding modifications and notes should be shown on a revised
landscape plan submitted with the final plat application(s).
I.1.3 Remove at least two lots from the plat to allow a maximum of 30 dwelling units on the subject
property. This will place the density of the development at 3.0 dwelling units per acre, consistent
with the Comprehensive Plan Portions of Lots 4 and S, Block 3, shall be incorporated into a
common park lot for the homeowners.
1.1.4 Extend the public stub street from the east, Wapoot Street and provide a public stub street to the
Knudsen property to the west (Parcel #80982010100) as proposed.
Exhibit B -Page 1
Crl'Y OF MERmrgN PLANNIN(} DEPARTMENT STAFF REPORT FOR THB HEARING DgTE OF JANUARY 19, 2006
1.1.5 Vacate or improve the Joy Street cul-de-sac right-of-way. If the cul-de-sac is not vacated, prohibit
the lots within the subdivision from being double-fronted. All access to the homes within Prato
Villas Subdivision shall be from internal streets and not Joy Street or Daphne Street.
1.1.6 All buildings that span across proposed lot lines, or do not conform to the dimensional standards
(setbacks, height, etc.) of the UDC shall be removed, relocated or made to conform to city code,
prior to signature of the final plat by the City Engineer.
1.1.7 Provide a b-foot tall solid fence around the perimeter of the development, as proposed. A detailed
fencing plan shall be submitted upon application, of the final plat. If gexmanent fencing is Got
provided before issuance of a building pernut, temporary construction fencing to contain debris
must be installed around the perimeter. Perimeter, common open space, and micro-path fencing
shall be designed according to UDC 11-3A-7.
1.1.8 Maintenance of all eommvn areas shall be the responsibility of the Prato 'Villas Home Owners'
Association.
1.1.9 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, but exclusive of any natural waterway,
that intersect, cross or lie within the area being subdivided shall be covered. Plans will need tv be
approved by the appropriate irrigation/drainage district, or lateral users association (ditch
owners), with written approval or san-approval submitted to the Public Works Department. If
lateral users association approval can Got be abtairled, alternate plans will be reviewed and
approved by the City Engineer prior to final plat signature.
1.1.10 Underground, pressurized irrigation must be provided to all lots within this development.
1.2 GENERAL REQUIREMENTS-PRELIlVlITTARY PLAT (PP-06-022)
1.2.1 A detailed landscape Plan, in compliance with the landscape and subdivision ordinance Gad as
noted is this report, shall be submitted far the subdivision with the final plat application(s).
1.2.2 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision
pursuant to UDC 11-3A-17.
1.2.3 All areas approved as open space shall be &ee of wet ponds or other such nuisances. All
stormwater detention facilities incoiZwrated irrto the approved open space are subject to UDC 11-
3A-18 and shall be frilly vegetated with grass and trees. Sand, gravel or other non vegetated
surface materials shall not be used in open space lots, except as permitted under UDC 11-3B.
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 ata$ ff the etormwater detention facility cannot be incorporated imo the approved
open space and still meet the standards of UDC 11-3A 18, then the applicant shall relocate the
facility. This may require losing a developable lot or developable area. It is the responsibility of
the developer to comply with ACRD, City of Meridian and all other regulatory requirements at
the time of final construction.
1.2.4 Coordinate fire hydrant placement with the City of Meridian Public Works Department.
1.2.5 Staffs failure to cite specific ordinance provisions or terms of the approved annexation and
conditional use does not relieve the applicant of responsibility for compliance.
Exhibit B -Page 2
CITY OF MERIDIAN PL.ANNINQ D~ARTMENT STAFF REPORT FOR TES HEARINU DATE OF IANUARY 19, 2006
1.2.6 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-68-7.
2. PabUc Works Department
2.1 Sanitary sewer service to this development is being proposed via extension of mains from the yet
to be installed North Black Cat Trunk The Black Cat trunk is not planned to be constructed until
approximately 2008, and then this property would have to wait urrttl other development in the
area would to bring it to this property. This property is currently not serviceable and the City of
Meridian dog not guarantee sewer service or water service in the timelines outlined is the UDC.
2.2 Dace available the applicant shall install all water and server mains necessary to provide service;
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 ba used in conformance of City of Meridian Public works Departments
Standard Specifications.
2.3 Any potential reimbursement agreements must comply with all requirements of City Code 9-1-13
and 9-4.19, which includes the preliminary agreement (which includes footage, size, and depth of
reimbursable pipe) being finalized prior to censtnlcrion plan approval. The detailed agreement
with the reimbursable amount shall be approved by Council prior to plat signature.
2.4 The applicant has not indicted Settlers izrigation District will own and operate the pressure
irrigation system in this proposed development. A letter of plan approval shall be submitted prior
to scheduling of apre-construction meeting.
2.5 The City of Meridian requires that pressurized irrigation systems be supplied by ayear--round
source of water (UDC 11-3A-6). The applicant should be required to use any existing surface or
well water for the primary source. if a surface or well source is not available, asingle-point
connection to the culinary water system shall be required. If a single-point connection is utilized,
the developer will be responsible for the payment of assessments for the common areas prior to
signature on the final plat by the City Engineer.
2.6 If a pressurized irrigation pub station is to be constructed on this site it shall be in its own lot.
2.7 Prior to signature on the final plat by the City Engineer the applicant shall submit documentation
from Settlers rrzigation District that the 3S-foot irrigatia~n easemem shall be allowed to he usable
by each individual lot.
2.8 All existing structures spanning lot lines or not meeting the dimensional standards in the UDC
shall be removed prior to signature on the final plat by the City Engineer.
2.9 Meridian Public Works specific~ttons do not allow any large landscaping within a five foot radius
of water meters. The applicant shall make the necessary adjustments to achieve this separation
requirement and comply with all landscape requirements.
2.10 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 94-8. Wells may be used for non
domestic purposes such as landscape irrigation.
2.11 All irrigation ditches, laterals. or canaLg, 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 imgadon/drainage district, or lateral users association
(ditch owners), with written approval or non-approval submitted to the Public Works Deparament.
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.
Bxlu'bit 9 -Fags 2
CITY OF MERIDIAN PLANNINQ DfiPARTMBNT STAFF REPORT FOR THB H6AROVG DATE OF JANUARY 19, 2006
2.1 Z Street signs are to be in place, water system shall be approves 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.
2.13 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted
fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to
signature on the final plat.
2.14 All development improvements, including but not limited to sewer, fencing, micro-paths,
pressurized irrigation and landscaping shall be installed and approved prior to obtaining
certificates of occupancy.
2.15 Applicant shall be required to gay Public Works development plan review, and construction
inspection fees, as determined during the plan review process, prior to signature vn the final plat.
2.16 It shall be the respoasrbility of the applicant to ensure that all development features comply with
the Americans with Disabilities Act and the Fair Housing Act.
2.1'7 Applicant shall be responsible for application and compliance with and NPDES Peraritting that
may be required by the Environmental Protection Agency.
2.18 Applicant shall be responsible for application and compliance with any Section 404 Peroaitting
that maybe required by the Army Carps of Engineers.
2.19 Developer shall coordinate mailbox locations with the Meridian Post Office. Where mailboxes
are located on or near sidewallc the applicant shall cvmply with aU American with Disabilities Act
requirements for unobstructed sidewallc access.
2.20 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.
2.21 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 1-foot above.
2.22 One hundred watt, high pr~ure sodium streetlighla shall be required at locations designated by
the Public Works Department. Height for 100 watt fixtures is 25-feet, height for 250 watt fixtures
is 30-feet. Atl streetlights shall be installed at subdivider's expense. Typical locations are at street
imersedions and/or fire hydra. Final design locations and quantity are determined after Bower
designs are completed by Idaho Power Company. The street light contractor shall obtain design
and permit from the l?ub1lc Works Department prior to commencing installations.
3. Fire Deparhnent
3.1 One and two family dwellings will require afire-flow of 1,000 gallons per minute available for
duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 500 feet
apart. Tzrtematiozral Fire Code Appendix C.
32 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and
water quality by the Meridian Water Department for bacteria testing.
3.3 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department.
a. Fire Hydrants shall have the 4'h" outlet face the main street or parking lot aisle.
b. The Fire hydrant shall not face a street which does not have addresses on it.
c. Fire hydrant markers shall be provided per Public Works specifications.
ExhibYt B =Page 2
CLTY OF MERIDIAN PLANNING DEPARTMENT' STAFF REPpRT FOR TH& HEARING DATE OF JANUARY 19, 2006
d. Fire Hydrants shall be placed on comers when spacing Permits.
e. Fire hydrants shall not have any vertical obstructions to outlets within 10'.
f. Fire hydrants shall be place 18" above finish grade,
g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5.
h. Show all Proposed or existing hydrants for all new construction or additions to existing
buildings within 1,000 feet of the project.
3.4 All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside
radius.
3.5 No parking will be allowed adjacent tv Lots S-8, Block 1, Said area shall be signed "No Parking"
is accordance with Appendix D Section D103.6 Signs.
3.6 Operational fire hydrants, temporary or Permanent street signs and access roads with as all
weather surface are required before combustible constnTCtion is brought on site.
3.7 The proposed 321ot subdivision with an estimated 2.9 r+esiderrts per household would have a total
estimated ~pulatioa of 93 reaideat9 at build out.
3.8 Where a portion of the facility or building hereafter cmnstntcted or moved into or within the
jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus scram road, as
measured by as approved rrotrte around the exterior of the facility or butldiag, on site fire hydrants
and mains shall be p~ravided where required by the code official. For buildings equipped tbnoughaut
with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or
903.3.1.2 the distance requiremnntt shall be 600 feet (183).
For Group R 3 and Grasp U occupancies, the distance ~ shall be 600 feet (183
m):
For buildings equipped throughout with an approved autortlatic sprinkler system installed in
accordance with Section 903.3.1.1 oar 903.3.1.2, the distance requirement shall be 600 feet
(183 m).
4. Police Department
4.1 No aomraents.
5. Parks Departaent
5.1 Standard for Mitigatlan of trees: The standard established in the City of Meridian Landscape
Ordinance will be followed.
5.2 Standard Plaa for Protection of Existing Trees during Construction: The standard established is
the City of Meridian Landscape Ordinance will be followed.
6. Sanitary Service Company
6.1 SSC has no comments related to this application.
7. Ada County Highway District
6xlutrit $ - Pagc 2
CITY OF [rIEIIIDIAN PLANNING DEPARTMENT STAFF RJ3PORT FOR THE HEARIlYO DATE OF JANUARY 19, 20D6
~#~~P~1~iC COlldlt[Ol1S Of~TOVlII
1. Construct an entry road, North Prato Avenue, intersecting West Daphne Street located
approximately 180-feet west of North Joy Street (measured centerline to centerline).
2. Vacate or improve the kmlckle at the intersection of North Joy Street and West Daphne Street.
3. Locate the internal roadways as proposed, receive approval from Development Review staff to
utilize the proposed roadside infiltration aware street section and enter ilrto an agreement with
ACRD prior to submitting full plans for a subdivision.
OR
If the site does not meet the standard criteria, construct the local stzeets as standard 36-foot street
sections with club, gutter, and 5-foot concrete sidewalk within 50-feet of right-of-way.
4. Construct a stub street to the wit, West Wapoot Street, located approximately 143-feet south of
the northwest property line (measured property line to centerline). A sign shall be installed at the
t~er~m~.i~n~ups~+of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN TILE
1' 6l 1 Ll~iSp.
S. Construct a stub street to the east, West Wapoot Street, located approximately 143-feet south of
the northeast property line (measured property lice to centerline). This stub street shall align with
and coffiect to an approved public roadway within Volterra Subdivision to the east of this site.
6. Conshuct a minimum 29-foot street section at the knuckle on either side of the island at the
intersection of West Donata Street and North Agata Avenue.
?. Comply with all Standard Conditions of Approval.
_~Iandard Conditions.ofApproval
1. Any existing irrigation facilities shall be relocated outside of the right-of--way.
2. Private sewer or water systems are prohibited from being located within any AC>~ 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 developmerrt. 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 aro 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 Cou~y Highway District Policy
Manual, ISPWC Standards and approved supplements, Construction Services procedures and all
Exbtbtt B -1'ago z
CITY OF MERIDJAN PIANNRVp DEPARTMENT STAFF REPORT FOR TEIE HEAIt~TCi DATE OF JANUARY 19, 2006
applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the
State of Idaho shall prepare and certiij- all improvement plans,
$. 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 is 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 withintheright-of way. The
applicant at no cyst to ACRD shall repair existing utilities damaged by the applicant. The
applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days
prior to brooking ground within ACRD right-of-way. The applica~rt shall contact ACHb Traffic
Operations 387-6190 in the event any ACRD conduits (spare or filled) are compromised during
any phaso of construcxion.
12. No change in the terms and conditions of this approval shall be valid unless they are in writing
and signed by the applicanx or the applicant's authorized represerrtative and an authorized
representative of the Ada County l3ighway District. The burden shall be upon the applicant to
obtain written confirmation of an3- change from the Ada County Highway District.
13. Any change by the applicant is the planned use of the property which is the subject of this
application, shall inquire the applicant to comply with all rules, regulations, ordinances, plans, or
other regulatory and legal restrictions in foroe at the time the applicant or its successors is interest
advises the Highway District of its intent to change the planned use of the subject property unless
a waiver/variaace of said requirements or other legal relief is granted pursuant to the law in effect
at the time the change in use is sought.
8. Ceab~al District Health Department
8.1 After written approval from appropriate entities are submitted, we can approve this proposal for
central sewage and central water.
8.2 The following plans must be submitted to and approved by the Idaho Department of Health &
welfare, Division of Environmental Quality: central sewage and central water.
8.3 Run-off is not to create a mosquito breeding emblem.
9. Settlers' Itrigatlon District
9.1 All irrigation /drainage facilities along with their easements must be protected and continue to
function. The facilities involved is the McMullen Sub-Lateral (20' easement), the Scrivner
Lateral (20' easement) and the East Drain (20' easement). Contact SID for additional irrigation
requirements.
9.2 A Laced Use Change Application must be on file prior to any approvals.
Ex}u'bit B -Page 2
CITY OF MERIDIAN pL.ANNINO DEPARTrblENT STAFF REPORT FOR THB IiEARiNQ DATfi OF JANUARY 19, 2006
9.3 A license agreement MUST be signed and record~l prior to construction of awry S.I.D. facilities.
9.4 Any change to the existing irrigation system such as relocation, tiling and landscaping must be
approved by Settlers Irrigation District.
9.5 All storm drainage must be retained on-site.
9.6 The development must supply irrigarion access to all lots within the above mentioned
subdivision. If the developer wishes to have Settlers Irrigation District own, operate, and
maintain the pressure irrigation system as agreement needs to be in place prior to the pre-
construction meeting.
9.7 This property receives all of its irrigation water from the Stewart Lateral, and is located within
Settlers Irrigation District.
Exhibit B -Page 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR 1'HE HEARING DATE OF JANUARY I9.21m6
C. ~.6~ DCSCI1~lOII
Dl;SCRIp710p FOR ANNEXATION TO CIT1(OF AAEWD1A71.
PRATO VILLAS SIiBtiWY!$ION
Nlard-7~, 2008'
A PARCEL OF LAND BE:INO A PORTION OF WEST OAf ~FtNE BTRSET AND ALL OF
LOTS 6 AND 7, BLOCK 2. CF BLACK CAT ESTATES N0.2, A6 RECORQEO W
BOOK 3$ OF PLATS, PAGE 1845 AND 1848, ADA COUNTY RECORDERS OFFICE,
LacATeD w THE BouTH t2 of THE ~UTHWES7' 1~1 of SLR.TlON 2r.
TowNSHlP a NORTH, RANGE 1 WEST, eoIBE IIAERlDIAN, ADA couNTY, rbAHO,
kIORE PARIICLILARLYOESCRlB®AS FOLLOWS:
COMII~TICING AT THE SOlJT'FIVYEST GARNER OF THE SW 1!4 OF SECTION 27,
T. 4 N.. R 1 W„ B,M.. ADA COUNTY. 87A1i0, THENCE S 89'36'$• E 2853.E FEET
TO TFIE S,OUT}8A6T OORNERR OF SAID 9W 1/4 (~IITH t!4 CORNER), THENCE
N 00'Z9'09" E 644.81 FEET ALONC3'ft$ EAST UNE OF SAID SW 1/4 TO THE
1ST CORNER OF 7. BLOCK 2; OF BLAQC CAT ESTATES N0.2, AS
RECORD®!N BOOK 3Z OF PLATE, PAGE 1945 AND 1948, ADA COUNTY
RECORDERS OFFICE, THE REAL. POINT OF BEGg4MNp OFTH~ SUBDIVISION;
THE N 69.1$'10' W 97.9 67 FEET TO A POW'r ON THE NEW NORTHERLY
RICBiT OF WAY WEST DAPHNE STREET;
THENCE S 87.41'36' W 6.62 FEET TO THE CENTERLINE INTERACTION OF WE8T
DAPHNE STREET AND NORTH JOY STREET;
THEME N 89.1545' W 335.40 FEET ALONG THE CENTERLINE OF WEST DAPHNE
STREET TO A POINT;
FOLLOWING THE BOIAVDARIES OF LOTS @ AND r, BLOCK•2, OF SAID BLACK CAT
ESTATES N0.2 A8 FOLLOWS:
THtfiICE N 00.2514• E B~.SS FEf:T TO A POINT ON '(HE NORTH L6dS OF THE
9112 QF SAID SW 114:
THENCE $ 89.17"29• E 6N.81 FEET ALONLi SAID UN8T0 THE NORTHEAST
CORNER OF 5AID S in (CS iH6 CORNERS
THENCE 8 00°20'1x' W 880.00 FEET TO A POINT TO THE REAL POINT OF
BEOINNINti OF THIS SUBDIVISION.
SAID PARCEL CONTAINwti 10.18 ACRES MORE Oi't LESS.
WAYNE K. BARBER,
P.L.$. 8444
X60! OB-Rev-Amez.cloc
Ex2ubit C -Page l
CffY OF MERO)I.4N PLANNING DEPARTMBri!' STAFF REPORT FOR THE HEARING DATE OFlANUARY 19, 2006
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CITY OF MBRIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THB HEARING DATB OF JANUARY 19, 2006
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Exhibit C -Page 3
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 19.2006
D. Required Findings from Unified Development Code
1. Annexation Findings:
Upon recommendation from the Commission, the Connell shall make a full inves4igation
and shaII, at the pnblk hearing, review the application. In order to grant an aneaation
and/or rezone, the Connell shall make the following findings:
i. The map amendment complies with the appliceble proYisions of the comprehensive
P~~
The applicant is proposing to zone alt of the subject property to R-4. Council Ends that
the proposal zoning map amendment complies with the applicable provisions of the
comprehensive plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the
Staff Report.
~• The map amendment complies with the regalstiona outlined far the proposed
district, apeclfically the purpose statement;
Council finds that future development of this property will comply with the established
regulations and purpose statement of the R-4 zone, if the applicaak entezs into a
development agreement with the city.
3. The map amendment shall not be materially detrimental to the public health, safety,
and welfare;
Council finds that the proposed zoning amendmenrt will sot be dehimer>fal to the public
health, safety, or welfare. Staff reconoraends that the Comadssion and Council rely on
any oral or written tmtimo~- that slay be provided when determining this finding.
4. The map amendmem shalt not result in an adverse impact upon the delivery of
services by any political subdivision providing public services within the City
including, bat sot limited to, school districts; and,
Council finds drat the proposed zoning amendment will not result in any adverse impact
upon the delivery of services by an3- political subdivision providing services to this site.
5. The anexation is in the beet of interest of the City (iJDC il-SB-3.E).
The R-4 zoning amendment will provide lots that are similar in nature to existing
subdivisions is the near vicinity, and transitions well to the existing rural lots in the
w~tY• ~~ finds that all essential services are available or will be provided by the
developer to the subject property and will sot require unreasonable expenditure of public
funds. The applicant is Proposing to develop the land is general compliance with the
City's Comprehensive Plan. This is a logical expansion of the City limits. Ia accordance
with the Endings listed above, S~auncil finds tl>nat~nexation and Zoning of this p~opg~y
to R-4 would be is the best interest of the CftX if the applica~ errters into a Development
Al~reement (DAl with the City.
2. Preliminary Plat Findings:
In consideration of a preliminary plat, combined preliminary and first plat, or short plat,
the derision-making body shall make the following findings;
Exhibit D-Pages 1
Cl'1'Y OF MERIDL4N PLANNiNO DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 19.20
1. The plat is in conformance with the Comprehensive Plan;
Council finds that the proposed application is in substantial compliance with the adopted
Carl~rehensive Plan. If the applicant revises the submitted plat to comply with the
conditions listed in Exhibit B of the Staff Report, then the plat will comply with the
provisions of the Comprehensive Plan. Please see Comprehensive Play Policies and
G4oals, Section 8, and Analysis, Section 10 of the StaffReport.
2. Pablic serntces are available or can be made available and are adegaate to
accommodate the proposed developme~
Council finds that public service ane available to accommodate the proposed
development. (Sea Fac}ubit B of the Staff Report for more details from public service
providers.)
3. The plat is in conformance with scheduled public improvements in accord with the
Gity's capital improvement program;
Because the developer is installing sewer, water, and utilities for the developme~ at their
crost, Council fords that the subdivision will not require the expenditure of capital
improvement funds.
4. There ~ public financial capability of sapporthsg services for the proposed
development;
Staff recommends the Conumisaion and Council rely upon comments from the public
service providers (i.e., police, fire, ACfID, etc.) to determine this #mding. (See Eroding
Items 3 and 4 above under A~exatioa Findings, and the Conditions of Approval in
Exhubit B for more dew.) Council finds that there is public financial capab1lity of
providing supporting services to the proposed development.
5. The developme~ will not be detrimental to the public health, safety or general
welfare; and
Council is not aware of any health, safety or environmental problems associated with the
developmen of this subdivision. ACfID considers mad safety issues in their analysis.
Staff recommends that the Commission sad Council reference any public testimony that
may be presented to determine whether or not the proposed subdivision may cause health,
safety or environmental problems of which staff is unaware.
6. The deveh-pme~ preserves significant nataral, scenic or historic feature.
Council is unaware of any natural, scenic or historic featurce on this site. Therefore,
Council fords that the proposed development will not resalt in the d~ruction, loss or
damage of any natural, scenic or historic feature(s) of major importance. Staff
recommends that the Commission and Council reference any public testimony that may
be prmented to determine whether or not the proposed development may destroy or
damage a natural or scenic fceture js) of major importance.
Exhibit D-Page 2
CITY OF MERIDIAN ORDINANCE NO.
BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, WARDLE
AN ORDINANCE (AZ-06-022 PRATO VILLAS SUBDIVISION) FOR ANNEXATION
OF PROPERTY BEING A PORTION OF WEST DAPHNE STREET AND ALL OF LOTS
6 AND 7, BLOCK 2, OF BLACK CAT ESTATES N0.2, AS RECORDED IN BOOK 32 OF
PLATS, PAGE 1945 AND 1946; ADA COUNTY RECORDERS OFFICE, LOCATED IN
THE SOUTH %x OF THE SOUTHWEST'/e OF SECTION 27, TOWNSHIP 4 NORTH,
RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO AS DESCRIBED IN
ATTACHMENT "A" AND ANNEXING CERTAIN LANDS AND TERRITORY,
SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE
CORPORATE LIIVIITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY
OF MERIDIAN; ESTABLISHING AND DETERNIINING THE LAND USE ZONING
CLASSIFICATION OF SAID LANDS FROM RUT (ADA COUNTY) TO R-4 (MEDIiJM-
LOW DENSITY RESIDENTIAL DISTRICT) IN THE MERIDIAN CITY CODE;
PROVIDING THAT COPIES OF TffiS ORDINANCE SHALL BE FILED WITH THE
ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO
STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A
SUNIIVIARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE
READING RULES; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF
MERIDIAN, COUNTY OF ADA, STATE OF IDAHO:
SECTION 1. That the following described land as evidenced by attached Legal Description
herein incorporated by reference as Exhibit "A" is within the corporate limits of the City of Meridian,
Idaho, and that the City of Meridian has received a written request for annexation and re-zoning by
the owner of said property, to-wit: Chad Colbent, Gerald Saxton, Kent Pincus.
SECTION 2. That the above-described real property is hereby annexed and re-zoned from
RUT (Ada County) to R-4 (Medium-Low Density Residential District) in the Meridian City Code.
SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the
Ordinances of the City of Meridian to annex and zone said property.
SECTION 4. That the City has complied with alI the noticing requirements pursuant to the
laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and re-zone said
property.
SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well
as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of
the City of Meridian in accordance with this ordinance.
ANNEXATION OF AZ-06-022 PRATO VILLAS SUBDIVISION Page 1 of 3
SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith aze
hereby repealed, rescinded and annulled.
SECTION 7. This ordinance shall be in full force and effect from and after its passage,
approval and publication, according to law.
SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the
effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a
draftsman manner, including the lands herein rezoned, with the following officials of the County of
Ada, State of Idaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file
simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State
of Idaho.
SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the
Members of the full Council, the rule requiring two (2) sepazate readings by title and one (1) reading
in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full
force and effect upon its passage, approval and publication.
PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this
day of .2006.
APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this
day of .2006.
MAYOR TAMMY de WEERD
ATTEST:
WII.LIAM G. BERG, JR., CITY CLERK
ANNEXATION OF AZ-(16-022 PRATO VILLAS SUBDIVISION Page 2 of 3
STATE OF IDAHO, )
ss.
County of Ada )
On this day of , 2006, before me, the undersigned, a
Notazy Public in and for said State, personally appeazed TAMMY de WEERD and WILLIAM G.
BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the CITY of Meridian,
Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian
executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and effaced my official seal the day
and year first above written.
(SEAL)
NOTARY PUBLIC FOR IDAHO
RESIDING AT:
MY COMMISSION EXPIRES:
ANNEXATION OF AZ-06-022 PRATO VILLAS SUBDIVISION Page 3 of 3