Villas at Lochsa Falls AZ 12-009ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 38
BOISE IDAHO 03120113 10:41 AM
DEPUTY Lisa Batt
RECORDED-REQUEST OF III I'IIIIIIIIIIII~~IIIIIIIIIIIII'I I
Meridian City
DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. Arete Investment Group, LLC, Owners/Developers
THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into
this I ~ day of }.~G~rC~-~ 2013, by and between City of Meridian, a municipal
corporation of the State of Idaho, hereafter called CITY, and Arete Investment Group, LLC
whose address is 2048 West Astonte Street, Meridian, Idaho, 83646 hereinafter called
OWNERS/DEVELOPERS.
RECITALS:
1.1 WHEREAS, Owners/Developers are the sole owners, in law and/or
equity, of certain tract of land in the County of Ada, State of Idaho,
described in Exhibit A for each owner, which is attached hereto and by
this reference incorporated herein as if set forth in full, herein after
referred to as the Property;
1.2 WHEREAS, Idaho Code § 67-6511A provides that cities may, by
ordinance, require or permit as a condition of re-zoning that the Owners
/ Developers made a written commitment concerning the use or
development of the subject Property; and
1.3 WHEREAS, City has exercised its statutory authority by the enactment
of Ordinance 11-SB-3, which authorizes development agreements upon
the annexation and/or re-zoning of land; and
1.4 WHEREAS, Owners/Developers have submitted an application for
annexation and re-zoning of the Property described in Exhibit A, and has
requested a designation of R-8 (Medium Density Residential District),
(Municipal Code of the City of Meridian); and
1.5 WHEREAS, Owners/Developers made representations at the public
hearings both before the Meridian Planning & Zoning Commission and
before the Meridian City Council, as to how the subject Property will be
developed and what improvements will be made; and
1.6 WHEREAS, record of the proceedings for the requested annexation and
zoning designation of the subject Property held before the Planning &
DEVELOPMENT AGREEMENT -VILLAS AT LOCHSA FALLS (AZ 12-009) PAGE 1 OF 9
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 20th day of November, 2012, has
approved Findings of Fact and Conclusions of Law, set forth in Exhibit
"B", which are attached hereto and by this reference incorporated herein
as if set forth in full, hereinafter referred to as (the Findings); and
1.8 E AS, the Findings require the Owners/ Developers to enter into
a development agreement before the City Council takes final action on
annexation and zoning designation; and
1.9 OWNER/DEVELOPER deem it to be in their best interest to be able to
enter into this Agreement and acknowledges that this Agreement was
entered into voluntarily and at his urging and. requests; and
1.10 WHEREAS, City requires the Owners/Developers to enter into a
development agreement for the purpose of ensuring that the Property is
developed and the subsequent use of the Property is in accordance with
the terms and conditions of this development agreement, herein being
established as a result of evidence received by the City in the
proceedings for zoning designation from government subdivisions
providing services within the planning jurisdiction and from affected
property owners and to ensure re-zoning designation is in accordance
with the amended Comprehensive Plan of the City of Meridian on April
19, 2011, Resolution No. 11-784, and the Zoning and Development
Ordinances codified in Meridian Unified Development 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 are contractual
and binding and are incorporated herein as if set forth in full.
3. DEFINITIONS: For all purposes of this Agreement the following words,
terms, and phrases herein contained in this section shall be defined and interpreted as herein
provided for, unless the clear context of the presentation of the same requires otherwise:
3.1 CITY: means and refers to the City of Meridian, a party to this
Agreement, which is a municipal Corporation and government
subdivision of the state of Idaho, organized and existing by virtue of law
of the State of Idaho, whose address is 33 East Broadway Avenue,
Meridian, Idaho 83642.
DEVELOPMENT AGREEMENT -VILLAS AT LOCHSA FALLS (AZ 12-009) PAGE 2 OF 9
3.2 OVVNERS/DEVELOPES: means and refers Arete Investment Group,
LLC, whose address is 2048 West Astonte Street, Meridian, Idaho
83646, the party that is developing said Property and shall include any
subsequent owner and/or developer(s) of the Property.
3.3 PROPERTY: means and refers to that certain parcel(s) of Property
located in the County of Ada, City of Meridian as described in Exhibit A
describing the parcels to be re-zoned R-8 (Medium Density Residential
District) attached hereto and by this reference incorporated herein as if
set forth at length.
4. USES PE ITTED BY THIS AGREEMENT:
4.1 The uses allowed pursuant to this Agreement are only those uses
allowed under City's Zoning Ordinance codified at Meridian Unified
Development Code.
4.2 No change in the uses specified in this Agreement shall be allowed
without modification of this Agreement.
5. CONDITIONS GOVE ING DEVELOPMENT OF SUBJECT PROPERTY:
5.1. Owner/Developer shall develop the Property in accordance with the
following special conditions:
a. The Owner/Developer shall comply with the submitted elevations attached as
Exhibit C.
b. Within 18 months of the date of the annexation ordinance approval by City
Council, the Owner/Developer is required to hook up the existing homes on Lot
16 and Lot 25, Block 1 to City water and sewer service, per MCC 9-1-4A.
c. The existing residential homes on proposed Lot 16 and Lot 25, Block 1 located
within the first development phase are classified as non-conforming structures
because they do not comply with the street setback of the r-8 zoning district. As
such these structures may continue subject to the provisions listed in UDC 11-
1B-5, Nonconforming Structure.
d. The Owner/Developer shall obtain approval from ACRD and City Council on
the proposed access point to Linder Road. If the access point is approved, the
three (3) proposed lots shall take access from the common driveway as
proposed.
6. COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and
the commitments contained herein shall be terminated, and the zoning designation reversed,
upon an uncured material default of the Owners and/or 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
DEVELOPMENT AGREEMENT -VILLAS AT LOCHSA FALLS (AZ 12-009) PAGE 3 OF 9
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. DEFAULT/CONSENT TO DE-ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
7.1 Acts of Default. Either party's failure to faithfully comply with all of
the terms and conditions included in this Agreement shall constitute
default under this Agreement.
7.2 Notice and Cure, Period. In the event of Owners /Developers' default
of this Agreement, Owners/ Developers shall have thirty (30) days from
receipt of written notice from City to initiate commencement of action to
correct the breach and cure the default, which action must be prosecuted
with diligence and completed within one hundred eighty (180) days;
provided, however, that in the case of any such default that cannot with
diligence be cured within such one hundred eighty (180) day period,
then the time allowed to cure such failure may be extended for such
period as may be necessary to complete the curing of the same with
diligence and continuity.
7.3 Remedies. In the event of default by Owners /Developers that is not
cured after notice as described in Section 7.2, Owners/Developers shall
be deemed to have consented to modification of this Agreement and de-
annexation and reversal of the zoning designations described herein,
solely against the offending portion of Property and upon City's
compliance with all applicable laws, ordinances and rules, including any
applicable provisions of Idaho Code §§ 67-6509 and 67-6511.
Owners/Developers reserve all rights to contest whether a default has
occurred. This Agreement shall be enforceable in the Fourth Judicial
District Court in Ada County by either City or Owners/Developers, or
by any successor or successors in title or by the assigns of the parties
hereto. Enforcement may be sought by an appropriate action at law or in
equity to secure the specific performance of the covenants, agreements,
conditions, and obligations contained herein.
7.4 Delay. In the event the performance of any covenant to be performed
hereunder by either Owners /Developers or City is delayed for causes
that are beyond the reasonable control of the party responsible for such
performance, which shall include, without limitation, acts of civil
disobedience, strikes or similar causes, the time for such performance
shall be extended by the amount of time of such delay.
7.5 Waiver. A waiver by City of any default by Owners/Developers of any
one or more of the covenants or conditions hereof shall apply solely to
the default and defaults waived and shall neither bar any other rights or
DEVELOPMENT AGREEMENT -VILLAS AT LOCHSA FALLS (AZ 12-009) PAGE 4 OF 9
remedies of City nor apply to any subsequent default of any such or
other covenants and conditions.
8. INSPECTION: Owners/Developers shall, immediately upon completion of
any portion or the entirety of said development of the Property as required by this Agreement
or by City ordinance or policy, notify the City Engineer and request the City Engineer's
inspections and written approval of such completed improvements or portion thereof in
accordance with the terms and conditions of this Agreement and all other ordinances of the
City that apply to said Property.
9. DEFAULT:
9.1 In the event Owners/Developers, or Owners/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 may be terminated by the
City upon compliance with the requirements of the Zoning Ordinance.
9.2 A waiver by City of any default by Owners/Developers of any 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
Owners/Developers' cost, and submit proof of such recording to Owners /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 of release of
this Agreement.
11. ZONING: City shall, following recordation of the duly approved Agreement,
enact a valid and binding ordinance zoning the Property as specified herein.
12. REMEDIES: This Agreement shall be enforceable in any court of competent
jurisdiction by either City or Owners /Developers, or by any successor or successors in title or
by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at
law or in equity to secure the specific performance of the covenants, agreements, conditions,
and obligations contained herein.
12.1 Subject to Sections 6 and 7 of this Agreement, in the event of an uncured
material breach of this Agreement, the parties agree that City and
Owners/Developers shall have thirty (30) days after delivery of notice of
DEVELOPMENT AGREEMENT -VILLAS AT LOCHSA FALLS (AZ 12-009) PAGE 5 OF 9
said breach to correct the same prior to the non-breaching party's
seeking of any remedy provided for herein; provided, however, that in
the case of any such default which cannot with diligence be cured within
such thirty (30) day period, if the defaulting party shall commence to
cure the same within such thirty (30) day period and thereafter shall
prosecute the curing of same with diligence and continuity, then the time
allowed to cure such failure may be extended for such period as may be
reasonably 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 Owners/Developers or City are delayed for causes which are
beyond the reasonable control of the party responsible for such
performance, which shall include, without limitation, acts of civil
disobedience, strikes or similar causes, the time for such performance
shall be extended by the amount of time of such delay.
13. SURETY OF PERFORMANCE: The City may also require surety bonds,
irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed
under Meridian City Code §11-5-C, to insure that installation of the improvements, which the
Owner/Developer agrees to provide, if required by the City.
14. CERTIFICATE OF OCCUPANCY: The Owners/ Developers agrees that no
Certificates of Occupancy will be issued until all improvements are completed, unless the City
and Owners/ Developers have 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 Owners/Developers agree to
abide by all ordinances of the City of Meridian and the Property shall be subject to de-
annexation if the owner or his assigns, heirs, or successors shall not meet the conditions
contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and
the Ordinances of the City of Meridian.
16. NOTICES: Any notice desired by the patties 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:
City Clerk
City of Meridian
33 E. Broadway Ave.
Meridian, ID 83642
OWNER/DEVELOPER
Arete Investment Group, LLC
a., ~-15...1. W . Teano Drive ~ ,a y
Meridian, ID 83646
DEVELOPMENT AGREEMENT -VILLAS AT LOCHSA FALLS (AZ 12-009) PAGE 6 OF 9
with copy to:
City Attorney
City of Meridian
33 E. Broadway Avenue
Meridian, ID 83642
16.1 A party shall have the right to change its address by delivering to the
other party a written notification thereof in accordance with the
requirements of this section.
17. ATTO EY FEES: Should any litigation be commenced between the parties
hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any
other relief as may be granted, to court costs and reasonable attorney's fees as determined by a
Court of competent jurisdiction. This provision shall be deemed to be a separate contract
between the parties and shall survive any default, termination or forfeiture of this Agreement.
18. TIME IS OF TIIE ESSENCE: The parties hereto acknowledge and agree that
time is strictly of the essence with respect to each and every term, condition and provision
hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a
breach of and a default under this Agreement by the other party so failing to perform.
19. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and
inure to the benefit of the parties' respective heirs, successors, assigns and personal
representatives, including City's corporate authorities and their successors in office. This
Agreement shall be binding on the Owners/Developers of the Property, each subsequent owner
and any other person acquiring an interest in the Property. Nothing herein shall in any way
prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation
shall be subject to the provisions hereof and any successor owner or owners shall be both
benefited and bound by the conditions and restrictions herein expressed. City agrees, upon
written request of Owners/Developers, to execute appropriate and recordable evidence of
termination of this Agreement if City, in its sole and reasonable discretion, had determined that
Owners/Developers have fully performed their 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 AGREli~IET: This Agreement sets forth all promises, inducements,
agreements, condition and understandings between Owners/Developers and City relative to the
subject matter hereof, and there are no promises, agreements, conditions or understanding,
either oral or written, express or implied, between Owners/ Developers and City, other than as
are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment,
change or addition to this Agreement shall be binding upon the parties hereto unless reduced to
DEVELOPMENT AGREEMENT -VILLAS AT LOCHSA FALLS (AZ 12-009) PAGE 7 OF 9
writing and signed by them or their successors in interest or their assigns, and pursuant, with
respect to City, to a duly adopted ordinance or resolution. of City.
21.1 No condition governing the uses and/or conditions governing re-zoning 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.
ARETE INVESTMENT GROUP, LLC
,
/
~
By k
CITY OF MERIDIAN ATTEST:
By: l~'9~~,iz~'~%Zi` ~-~`~i ~ City of /
Tal}~y de Weerd '~-' ~'~ ~~~~ ~ Holman, City Clerk
ll~~ ~ ~-
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DEVELOPMENT AGREEMENT -VILLAS AT LOCHSA FALLS (AZ 12-009) PAGE 8 OF 9
STATE OF IDAHO, )
ss
County of Ada )
On this ~~ day of ~.' ~~~~ , 2013, before me, the dersigned, a
Notary Public in and for said State, personally appeared ~ ~~ 1 '~~ ;~
known or identified to me to be the person who executed the agreement on behalf of Arete
Investment Group, LLC, and acknowledged to me that he executed the same on behalf of said
limited liability corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year in this certificate first above written.
.~c~1CA JD•.
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(SE~L~' ~ ~~'~N:
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STATE OF IDAHO )
ss
County of Ada )
N ary Public f Idaho
Residing at: U~-(~~~~~~ctn ~ n
My Commission Expires:___~ -~, t.~ , Z p( L.~
On this~_ day of ~a~~ , 2013, before me, a Notary
Public, personally appeared Tammy de Weerd and Jaycee L. Holman, know or identified to me
to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument
of behalf of said City, and acknowledged to me that such City executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year in this certificate first above written.
..•••..
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(SEAL) ~;•~~~~p T.q~~ ,~• ~ Not ry Public f
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DEVELOPMENT AGREEMENT -VILLAS AT LOCHSA FALLS (AZ 12-009)
PAGE 9 OF 9
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Villas at Lochsa Falls
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND
DECISION & ORDER
~E RIDIAN~--
IDANO J
In the Matter of Annexation of 5.67 Acres from RUT in Ada County to R-8 Zoning District and
Preliminary Plat Consisting of 31 Residential Lots and 5 Common Lots on 4.95 Acres for Villas @
Lochsa Falls, Located on the West Side of N. Linder Road midway between Chinden Boulevard
and W. McMillan Road, by Arete Investments.
Case No(s). AZ-12-009, PP-12-008 and ALT-12-006
For the City Council Hearing Date of: November 7, 2012 (Findings on November 20, 2012)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of November 7, 2012, incorporated
by reference)
2. Process Facts (see attached Staff Report for the hearing date of November 7, 2012, incorporated
by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of November 7,
2012, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of November 7, 2012, 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 6S, Title 67, Idaho Code (I.C. §67-6503).
2. The Meridian City Council takes judicial notice of its Unified Development Code codified at
Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by
ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of
Meridian, which was adopted April 19, 201 1, Resolution No. 11-7$4 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-SA.
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.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-12-009, PP-12-008 & ALT-12-006
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 Conditions of Approval all in the attached Staff Report for the
hearing date of November 7, 2012, incorporated by reference. The conditions are concluded to be
reasonable and the applicant shall meet such requirements as a condition of approval of the
application.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon
the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that:
1. The applicant's request for annexation, preliminary plat and alternative compliance is hereby
approved per the conditions of approval in the attached Staff Report for the hearing date of
November 7, 2012, attached as Exhibit A.
D. Notice of Applicable Time Limits
Notice of Preliminary Plat Duration
Please take notice that approval of a preliminary plat, combined preliminary and final plat, or
short plat shall become null and void if the applicant fails to obtain the city engineer's signature
on the final plat within two (2) years of the approval of the preliminary plat or the combined
preliminary and final plat or short plat (UDC 11-6B-7A).
In the event that the development of the preliminary plat is made in successive phases in an
orderly and reasonable manner, and conforms substantially to the approved preliminary plat,
such segments, if submitted within successive intervals of two (2) years, maybe considered for
final approval without resubmission for preliminary plat approval {UDC 11-6B-7B).
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11-6B-7.A, the Director may authorize a single extension of time to obtain the City
Engineer's signature on the final plat not to exceed two (2) years. Additional time extensions up
to two (2) years as determined and approved by the City Council 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 current provisions of Meridian City
Code Title 11. If the above timetable is not met and the applicant does not receive a time
extension, the property shall be required to go through the platting procedure again (UDC 11-
6B-7C).
Notice of Two (2) Year Development Agreement Duration
The development agreement shall be signed by the property owner and returned to the City
within two (2) years of the City Council granting annexation and/or rezone (UDC 11-SB-3D).
A modification to the development agreement maybe initiated prior to signature of the
agreement by all parties and/or may be requested to extend the time allowed for the agreement
to be signed and returned to the City if filed prior to the end of the two (2) year approval period
(UDC 11-SB-3F).
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-12-009, PP-I2-008 & ALT-I2-OOb
-2-
E. Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development
application 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 n®tice that this is a final action of the governing body of the City of Meridian.
When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person
who has an interest in real property which maybe adversely affected by the final action of the
governing board may within twenty-eight (28} days after the date of this decision and order
seek a judicial review as provided by Chapter 52, Title 67, Idaho Code.
F. Attached: Staff Report for the hearing date of November 7, 2012
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-12-009, PP-12-008 & ALT-I2-006
-3-
By action of the City Council at its regular meeting held on the day of
2012.
COUNCIL PRESIDENT BRAD HOAGLUN
COUNCIL VICE PRESIDENT CHARLIE ROUNTREE
COUNCIL MEMBER DAVID ZAREMBA
COUNCIL MEMBER KEITH BIRD
VOTED
VOTED
~----
VOTED
VOTED
VOTED
Weerd
Jaycee man, City Clerk ~~ SEAL.
y 4!'
r~$ ~~ rAr THE AB~~~
Copy served upon Applicant, The Planning Department, Public Works Department and City Attorney.
B Dated: I \I b~2 (1-'1 ~~( a ~ ~. ~~
'ty Cler 's ce
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-12-009, PP-I2-008 & ALT-12-006
-4-
EXHIBIT A
I. SUM Y DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Arete Investment Group, LLC has applied for annexation and zoning (AZ) of 5.67
acres of land with an R-8 zoning district and a preliminary plat (PP) for (31}single-family residential
lots and 5 common area lots on 4.95 acres of land in an R-8 zoning district for Villas @Lochsa Falls
Subdivision.
Alternative compliance is also requested to reduce the portion of the required landscape buffer along
Linder Road from 25 feet to 10 feet to incorporate the existing homes into the design of the proposed
development. See Section IX of the staff report for more information.
II. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed AZ, PP and ALT applications in accord with the
conditions of approval in Exhibit B and the Findings of Fact and Conclusions of Law in Exhibit D.
The_eridian Planning & Zoning Commission heard these items on October 4,, 2012. At the
public hearing, the Commission voted to recommend approval of the subject AZ and PP
requests.
a. Summary of Commission Public Hearing:
i. In favor: Ross Erikson and Jeremy Telford
ii. In opposition: None
iii. Commenting: None
iv. Written testimony: None
v. Staff ~resenti_ •ng application: Bill Parsons
vi. Other staff commenting on application: None
b. Key Issues) of Discussion by Commission:
i. None
c. Key Commission Change(s) to Staff Recommendation:
i. The Commission struck conditions 1.2.4 and 1.3.9.
ii. The Commission amended DA provision B to allow the existing homes to connect to city
services within 18 months of annexation approval.
d. Outstanding Issue(s) for City Council:
i. The applicant is seekin~a waiver for access to Linder Road. ACHlI staff is
recommending ap rp oval of the access to their Commission.
he Meridian City Council on Novembe 7.2012. At the a~ublic hearin .the
Counci! aonroved the ~Lbiect Z and PP rea~est•
~_ ummarv of City Council Public Hearinu:
i~ In favor; Jeremy elford
its n oAnosition: None
iii om n ink: None
Villas @Lochsa Falls AZ-12-009; PP-012-008; ALT-12-006 PAGE 1
EXHIBIT A
Written teslivg,Qn~: doss {'rikson in agreement with the Commission
recommendations to Council
.
~. Staff nre;~ a~plication:..1~111-]L'~
Other staff commenting on aunlication: Mark Niemen
,~, rev Issues of Discussion by Council:
L Access to Linder Road and restrictions to, the access in the ,tune.
~ I~e~ Council C,~n~es to Staff/Commission ecommendation
i~ ouncil aonroved the street name change from N. Cougar Flat Place to N. Lando
reek D ive (Condition 1.2.7).
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Numbers AZ-12-
009 and PP-12-008, as presented in the staff report for the hearing date of November 7, 2012, with the
following modifications: (Add any proposed modifications).
Denial
After considering all staff, applicant and public testimony, I move to deny File Numbers AZ-12-009
and PP-12-008, as presented during the hearing on November 7, 2012, for the following reasons:
{You should state specific reasons for denial)
Continuance
I move to continue File Numbers AZ-12-009 and PP-12-008 to the hearing date of (insert continued
hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.)
IV. APPLICATION AND PROPERTY FACTS
A. Site Address/Location:
The site is located on the west side of N. Linder Road midway between W. Chinden Boulevard &
W. McMillan Road, in Section 26, Township 4 North, Range 1 West. (Parcel #'s: 50426417201
& 50426417225)
B. Owner(s):
Arete Investment Group, LLC
2151 W. Teano Drive
Meridian, Idaho 83646
C. Applicant:
Same as owner
D. Representative:
Ross Erickson, Erickson Civil, Inc.
12601 W. Explorer Drive, Ste. 200
Boise, Idaho 83713
E. Applicant's Statement/Justification: Please see applicant's narrative for this information.
V. PROCESS FACTS
A. The subject application is for annexation and preliminary plat. A public hearing is required before
the Planning & Zoning Commission and City Council on this matter, consistent with Meridian
City Code Title 11, Chapter 5.
Villas @ Lochsa Falls AZ-12-009; PP-012-008; ALT-12-006 PAGE 2
EXHIBIT A
B. Newspaper notifications published on: September 17, and October 1, 2012
C. Notices mailed to subject property owners on: September 27, 2012
D. Applicant posted notice on sites} on: September 23, 2012
VI. LAND USE
A. Existing Land Use(s) and Zoning: Each parcel is developed with a single family detached home
which will be part of the proposed subdivision. Both parcels are zoned RUT in Ada County.
B. Character of Surrounding Area and Adjacent Land Use and Zoning:
l . North: Lochsa Falls Subdivision; zoned R-4
2. West: Lochsa Falls Subdivision; zoned R-4
3. South: Lochsa Falls Subdivision; zoned R-4
4. East: Rocky Mountain High School; zoned R-8
C. History of Previous Actions:
In 2008, the Council approved the following applications for one of the parcels requesting
annexation and platting:
1. Annexation of 3 acres from RUT to the R-1 S zone;
2. Preliminary Plat consisting of 1 residential lot and 1 common lot and;
3. Conditional use permit for 21 multi-family dwelling units.
As a condition of approval, the previous developer was to enter into a development agreement to
finalize the zoning of the property. Because the DA was never signed and the property never
officially annexed into the City, the previous approvals have expired.
D. Utilities:
1. Public Works:
a. Location of sewer: W Cedar Grove St.
b. Location of water: W Cedar Grove St and two connections to N Linder Road.
c. Issues or concerns: None
E. Physical Features:
1. Canals/Ditches Irrigation: NA
2. Hazards: Staff is not aware of any hazards that exist on this property.
3. Flood Plain: NA
VII. CO ENSIVE PLAN POLICIES GOALS
This property is designated "Medium Density Residential" (MDR) on the Comprehensive Plan Future
Land Use Map (FLUM). The MDR designation allows smaller lots for residential purposes within
City limits. Uses may include single-family homes at densities of 3 to 8 dwelling units per acre. The
proposed project includes 31 residential lots units on 4.95 acres for a gross density of 6.26 dwelling
units/acre and thus consistent with the anticipated density of the Comprehensive Plan for this area.
Staff finds the following Comprehensive Plan policies to be applicable to this application and apply to
the proposed use of this property (staff analysis in italics):
Provide housing options close to employment and shopping centers. (Chapter 3, pg. 54)
Villas @Lochsa Falls AZ-12-009; PP-012-00$; ALT-12-006 PAGE 3
EXHIBIT A
The proposed residential development will provide housing opportunities in close proximity
to the new Fred Meyer shopping center at Chinden & Linder.
Require new residential development to meet development standards regarding landscaping,
signage, fences and walls, etc.
Street buffer landscaping is required adjacent to the arterial street (Linder) proposed within
this development in accord with the standards listed in UDC 11-38-7C. However, the
applicant is requesting alternative compliance to reduce a portion of the landscape buffer
adjacent to Linder Road to incorporate the existing residences as part of the design. The
UDC allows a reduction in the landscape buffer up to 10% of the lot depth if existing
structures prohibit conformance with the required landscape buffer. The director is the
decision maker on the alternative compliance application.
The subject site has existing 6 foot cedar fencing along the southern, western and northern
boundaries. The applicant is proposing to construct 6 foot solid fencing along the eastern
boundary. Fencing shall comply with the standards listed in UDC 11-3A-7. Prior to any
building permits the proposed fencing and temporary fencing must be installed to contain
debris.
Require street connections between subdivisions at regular intervals to enhance connectivity
and better traffic flow (Chapter3, pg. 48)
The residential subdivision to the west has provided a stub street that provides vehicular
connectivity. The applicant will be constructing an internal street network to provide access
to the majority of the proposed lots. The applicant is requesting an access point to Linder
Road (an arterial) to provide access to the two existing homes and one future home via a
common driveway. The proposed access to Linder Road is predicated on the applicant
obtaining approval, from ACHD and City Council.
Require common areas for all subdivisions (Chapter 3, pg. 54)
The applicant is required to provide a landscape buffer adjacent to Linder Road in accord
with UDC 11-3B-7C. No other open space is required by the UDC because the plat is less
than S acres in size. To complement the existing subdivision to the west, the applicant is
proposing to construct 4 foot detached sidewalks and provide S foot wide parkways.
Additionally, the applicant is proposing a 3, OSS square foot common lotto complement the
entryway into the subdivision from W. Cedar Grove Street.
Protect existing residential properties from incompatible land use development on adjacent
parcels (Chapter 3, pg. 52).
The subject property is surrounded by single family homes developed with the Lochsa Falls
Subdivision, zoned R-4.Although the lot sizes and density is slightly higher than the
surrounding Lochsa Falls development, the proposed subdivision complies with the density
requirements established with the MDR designation and the proposed R-8 zoning
designation. Further, all homes constructed within the subdivision will be single family
detached homes.
Permit new development only where urban services can be reasonably provided at the time of
final approval and development is contiguous to the City. (Chapter 3, pg. 45)
City services will be extended with the development of the site. The existing homes will be
required to connect to City services.
Villas @ Lochsa Falls AZ-12-009; PP-012-008; ALT-12-006 PAGE 4
EXHIBIT A
Reduce the number of existing access points onto arterial streets by using methods such as
cross access agreements, access management, and frontage/backage roads. (Chapter 3, pg.
47)
Currently the property has three access points to Linder Road. The applicant is requesting to
retain one access point to Linder Road. The access is needed to accommodate the existing
homes within the plat design. To facilitate access, the applicant is proposing a common
driveway that parallels the roadway to aid in the safe movement of vehicles entering Linder
Road. ~1CHD supports the applicant's request. The applicant is seeking Council waiver for
the proposed access point.
After considering all of these factors staff believes that the proposed development is generally
consistent with comprehensive plan.
VIII. UNIFIED DEVELOP ENT CODE (UDC)
A. Purpose Statement of Zone: Per UDC 11-2A-1, the purpose of the residential districts is to
provide for a range of housing opportunities consistenfi with the Meridian comprehensive plan.
Residential districts are distinguished by the allowable density of dwelling units per acre and
corresponding housing types that can be accommodated within the density range.
B. Schedule of Use: Unified Development Code (UDC) Table 11-2A-21ists the principal permitted
(P), accessory (A), conditional (C), and prohibited (-) uses in the R-8 zoning district. Any use not
explicitly listed, or listed as a prohibited use is prohibited. The proposed use of the property for
single-family detached dwellings is a principally permitted use in the R-8 zoning district.
C. Dimensional Standards: Development of the site should be consistent with the dimensional
standards listed in UDC Table 11-2A-6 for the R-8 zoning district.
D. Landscaping: Street buffer landscaping shall be installed in accordance with the standards listed
in UDC Table 11-2A-6 for the R-8 zoning district.
E. Off-Street Parking: Off-street parking is required in accord with UDC Table 11-3 C-6 for single-
family dwellings.
I. ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
Annexation Zoning
The applicant has applied to annex and zone 5.67 acres (two parcels) of land with an R-8 zoning
district. As discussed above in Section VII, the proposed zoning is consistent with the FLUM
designation of MDR.
Preliminary Plat
The applicant is requesting preliminary plat approval of 31 residential lots and Scommon lots on
4.95 acres of land, Average lot size is 5,321 square feet. The gross density for the proposed plat is
6.26 units to the acre.
Dimensional Standards® Staff has reviewed the proposed plat for compliance with the
dimensional standards listed in UDC Table 11-2A.6 for the R-8 district. A majority of the lots
with take access from a common driveway or a shared driveway. The use of shared driveways
and common driveways allows a minimum frontage of 40 feet and a minimum lot size of 4,000
square feet. All of the lot sizes comply with the dimensional standards except for Lot 36, Block 1.
The UDC requires all corner properties to have a minimum lot size of 5,000 square feet. The
applicant must increase the lot size to comply with the R-8 dimensional standards.
Villas @ Lochsa Falls AZ-12-009; PP-012-008; ALT-12-006 PAGE 5
EXHIBIT A
Access: W. Cedar Grove Street is stubbed at the western boundary and will be extended with the
plat as well as the construction of a new public street (N. Cougar Flat Place). Majority of the
proposed lots will take access from the new street. Keeping the existing homes as part of the
project has necessitated the need to maintain an access to Linder Road. The applicant is
requesting Council to allow one driveway from Linder Road to serve as access for the two
existing homes and one additional lot being platted. The existing homes already take access from
Linder Road thus, the proposal reduces two out of the three accesses. The three residential lots
will have the use of a common driveway to ensure vehicles are not backing out on Linder Road.
ACRD has informed staff they are recommending a waiver to their commission on the proposed
access. The UDC requires the City Council grant a waiver for the access to Linder Road.
Phasing Plan: The applicant is proposing to develop the subdivision in three phases. The first
phase includes the three lots that front on Linder Road. The existing homes on Lot 16 and Lot 25,
Block 1 are part of this phase and are required to connect to City Services within 60 days of the
date of the annexation ordinance approval by City Council in accord with MCC 9-1-4A.
The second phase will include the development of 17 buildable lots and the third will develop
with the remaining 11 buildable lots.
Landscaping: A landscape plan was submitted with this application as shown in Exhibit A.3.
Street buffer landscaping is required to be installed in accord with UDC 11-3B-7C. Since two
homes (Lot 16 and 25, Block 1}are to remain as part of the project, strict conformance to the
required buffer width is not feasible. The applicant is requesting alternative compliance to reduce
the buffer width from 25 feet to 10 feet abutting Lots 16, 18 and 25, Block 1. The reduced buffer
will contain a total of eleven (11) trees; four (4) more than required by the UDC. In addition, the
applicant is providing 5-foot wide parkways (UDC requires a minimum of 6-foot wide parkways)
along E. Cedar Grove Street and a 3,055 square foot common lot on the north side of the road to
1) provide a highlighted entryway into the subdivision and 2) off-set the loss of landscaping along
Linder Road. The applicant is also proposing to retain several mature trees within the 10-foot
wide landscape buffer. Staff supports the alternative compliance as requested by the applicant.
Because the plat is less than 5 acres in size, the UDC does not require a specific amount of open
space to be provided. Open space being proposed within the plat is 7.37%.
Non-Conforming Structures: As mentioned earlier, two existing homes (Lot 25 and Lot 16,
Block 1) are to remain as part of the subdivision. Given the proximity of the homes adjacent to
Linder Road, it is impossible for the structures to comply with the 25-foot street setback thus
homes will be classified as non-conforming. The structures will comply with the side yard and
rear setbacks. The UDC allows the existence ofnon-conforming structures provided any
additions or modifications comply with the dimensional standards of the R-8 zone.
Elevations: The applicant has submitted sample elevations to depict the style of homes planned
for the proposed subdivision. The proposed homes depict a mix of building materials (lap siding,
cedar shake siding, and board and batten siding) decorative shutters, decorative corbels and stone
wainscot. The design features staff supports is the substantial pillars, covered porches and mix of
gable and hip roofs and a mix of building materials. Staff is of the opinion the future homes will
complement the existing homes in the area and demonstrate high quality materials. A
recommended DA provision requires compliance with the submitted building elevations.
In summary, Staff recommends approval of the proposed annexation, preliminary plat and
alternative compliance request for this site with the recommended conditions listed in Exhibit B
of this report in accord with the findings contained in Exhibit C.
Villas @ Lochsa Falls AZ-12-009; PP-012-008; ALT-12-006 PAGE 6
EXHIBIT A
X. EXHIBITS
A. Drawings/Other
1. Vicinity Map
2. Proposed Preliminary Plat {dated: ~~li-s~rzz REVISED 10/01/12}
3. Proposed Landscape Plan (dated: $1~ REVISED 10/01/12)
4. Proposed Building Elevations
B. Agency & Department Comments/Conditions
C. Legal Description & Exhibit Map for Annexation
D. Required Findings from Unified Development Code
Villas @ Lochsa Falls AZ-I2-009; PP-012-008; ALT-12-006 PAGE '7
EXHIBIT A
A. Drawings
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EXHIBIT A
2. Proposed Preliminary Plat (dated: S~4?~-~ REVISED 10/01/12)
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3. Proposed Landscape Plan (dated: $/~~ REVISED 10/01/12)
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Exhibit A Page 3
EXHIBIT A
4. Proposed Building Elevations for Residential Homes
Exhibit A Page 4
EXHIBIT A
E IBIT B -AGENCY DEPARTMENT CO ENTS/CONDITIONS
1. PLANNING DEPARTMENT
1.1,1 A Development Agreement (DA) is required as a provision of annexation of this property. Prior
to the annexation ordinance approval, a DA shall be entered into between the City of Meridian,
the property owner(s) at the time of annexation ordinance adoption, and the developer. The
Applicant shall contact the City Attorney's Office to initiate this process. The DA shall be signed
by the property owner and returned to the city within two (2) years of the City Council granting
annexation. Currently, a fee of $303.00 shall be paid by the applicant to the City Clerk's office
prior to commencement of the DA. The DA shall, at minimum, incorporate the following
provisions:
A. The applicant shall comply with the submitted elevations attached in Exhibit A.4.
B. Within ~ 18 months of the date of the annexation ordinance approval by City Council,
the applicant is required to hook up the existing homes on Lot 16 and Lot 2S, Block 1 to City
water and sewer service, per MCC 9-1-4A.
C. The existing residential homes on proposed Lot 16 and Lot 2S, Block 1 located within the first
development phase are classified as non-conforming structures because they do not comply with
the street setback of the R-8 zoning district. As such, these structures may continue subject to the
provisions listed in UDC 11-1B-S Nonconforming Structure.
D. The applicant shall obtain approval from ACRD and City Council on the proposed access
point to Linder Road. If the access point is approved, the three (3) proposed Lots shall take access
from the common driveway as proposed.
1.2 Site Specific Conditions of Approval
1.2.1 Per UDC 11-SB-SB2, the Director {at the applicant's request) approved the alternative compliance
regarding the 10-foot wide landscape buffer adjacent to lots 16, 18 and Lot 2S, Block 1.
1,2.2 The applicant shall construct all proposed fencing and/or any fencing required by the UDC,
consistent with the standards as set forth in UDC 11-3A-7.
1,2.3 All common driveways shall be constructed in accordance with UDC 11-6C-3D, and be paved a
minimum of 20-feet wide with a surface capable of supporting 75,000 lbs. All properties that abut
a common driveway shall take access from the driveway. File a perpetual ingress/egress easement
for all lots that share a driveway. The applicant may record an easement and include the
instrument number on the face of the plat prior to signature of the City Engineer, OR dedicate
said easements via the plat. Graphically depict the common driveway easements for each
applicable lot on the face of the plat.
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1.2.5 Shared driveways shall be provided as depicted on the submitted preliminary plat dated 08/24/12.
1.2.6 The applicant shall provide a minimum of 7.37% (15,892) open space as proposed.
l .2.7 Council approved the street name chap e from N. Cou ar Flat Place to N. Landon Creek Drive.
1.3 General Conditions of Approval
1.3.1 Comply with all bulk, use, and development standards of the R-8 zoning district listed in UDC
11-2-A-6.
1.3.2 Comply with all provisions of 11-3A-3 with regard to access to streets unless waived by Council.
Exhibit B Page 1
EXHIBIT A
1.3.3 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set
forth in UDC 11-3A-6.
1.3.4 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11-3A-
1 S, UDC 11-3 B-6 and MCC 9-1-28.
1.3.5 Comply with the sidewalk standards as set forth in UDC 11-3A-17.
1.3.6 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-5J.
1.3.7 Construct all off-street parking areas consistent with the standards as set forth in UDC 11-3C-6
for single-family dwellings.
1.3.8 Construct the required landscape buffers consistent with the standards as set forth in UDC 11-3B-
7C and in accord with the approved alternative compliance.
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1.3.10 Comply with all subdivision design and improvement standards as set forth in UDC 11-6C-3,
including but not limited to cul-de-sacs, shared driveways, common driveways, easements,
blocks, street buffers, and mailbox placement.
1.3.11 Protect any existing trees on the subject property that are greater than four-inch caliper and/or
mitigate for the loss of such trees as set forth in UDC 11-3B-10.
1.3.12 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle.
1.4 Ongoing Conditions of Approval
1.4.1 The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets
the standards as set forth in UDC 11-3B-6 and to install and maintain a111andscaping as set forth
in UDC 11-3B-S, UDC 11-3B-13 and UDC 11-3B-14.
1.4.2 All common open space shall be maintained by an owner's association as set forth in UDC 11-
3G-3F1.
1.4.3 The project is subject to all current City of Meridian ordinances.
1.4.4 The applicant and/or property owner shall have an ongoing obligation to prune all trees to a
minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the
area.
1.4.5 The applicant has a continuing obligation to comply with the outdoor lighting provisions as set
forth in UDC 11-3A-1 1.
1.4.6 The applicant and/or property owner shall have an ongoing obligation to maintain all landscaping
and constructed features within the clear vision triangle consistent with the standards in UDC 11-
3A-3 .
1.5 Process Conditions of Approval
1.5.1 No signs are approved with this application. Prior to installing any signs on the property, the
applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3
Article D and receive approval for such signs.
1.5.2 The applicant shall complete all improvements related to public life, safety, and health as set forth
in UDC 11-5C-3B. A surety agreement may be accepted for other improvements in accord with
UDC 11-SC-3C.
Exhibit B ~ Page 1
EXHIBIT A
1.5.3 The final plat, and any phase thereof, shall substantially comply with the approved preliminary
plat as set forth in UDC 11-6B-3C2.
1.5.4 The applicant shall obtain approval for all successive phases of the preliminary plat within two
years of the signature of the City Engineer on the previous final plat as set forth in UDC 11-6B-
7B.
1.5.5 The preliminary plat approval shall be null and void if the applicant fails to either 1 }obtain the
City Engineer signature on a final plat within two years or 2) gain approval of a time extension as
set forth in UDC 11-6B-7.
1.5.6 Upon installation of the landscaping and prior to inspection by Planning Department staff, the
applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A.
2. PUBLIC WORKS DEPARTMENT
2.1 Sanitary sewer service to this .development is available via extension of mains in W Cedar Grove
Road. The applicant shall install mains to and through this subdivision; applicant shall coordinate
main size and routing with the Public Works Department, and execute standard forms of
easements for any mains that are required to provide service. Minimum cover over sewer mains
is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials
shall be used in conformance of City of Meridian Public Works Departments Standard
Specifications. .
2.2 Water service to this site is available via extension of mains in W Cedar Grove St and two
connections to N Linder Road. The applicant shall be responsible to install two water connections
due to fire flow requirements. The applicant shall be responsible to install water mains to and
through this development, coordinate main size and routing with Public Works.
2.3 The applicant shall provide a 20-foot common lot for all public water/sewer mains outside of
public right of way. The common lot shall be covered with a blanket easement to the City of
Meridian.
2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water (MCC 12-13-8.3}. The applicant should be required to 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.
2.5 A11 existing structures that are required to be removed shall be prior to signature on the final plat
by the City Engineer.
2.6 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or
lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6.
Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association
(ditch owners), with written approval or non-approval submitted to the Public Works Department.
If lateral users association approval can't be obtained, alternate plans shall be reviewed and
approved by the Meridian City Engineer prior to final plat signature.
2.7 Any existing domestic well system within this project shall be removed from domestic service per
City Ordinance Section 9-1-4 and 9-4-8 contact the City of Meridian Engineering Department at
(208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic
purposes such as landscape irrigation if approved by Idaho Department of Water Resources
Contact Robert B. Whitney at (208)334-2190.
Exhibit B Page 2
EXHIBIT A
2.8 Any existing septic systems within this project shall be removed from service per City Ordinance
Section 9-1-4 and 9-4-8. Contact Central District Health for abandonment procedures and
inspections (208)375-5211.
2.9 Street signs are to be in place, water system shall be approved and activated, fencing installed,
drainage lots constructed, road base approved by the Ada County Highway District and the Final
Plat for this subdivision shall be recorded, prior to applying for building permits.
2.10 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted
fencing, landscaping, amenities, etc., prior to signature on the final plat.
2.11 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.
2.12 Applicant shall be required to pay Public Works development plan review, and construction
inspection fees, as determined during the plan review process, prior to the issuance of a plan
approval letter.
2.13 It shall be the responsibility of the applicant to ensure that all development features comply with
the Americans with Disabilities Act and the Fair Housing Act.
2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting
that may be required by the Army Corps of Engineers.
2.15 Developer shall coordinate mailbox locations with the Meridian Post Office.
2.16 All grading of the site shall be performed in conformance with MCC 11-I2-3H:
2.17 Compaction test results shall be submitted to the Meridian Building Department for all building
pads receiving engineered backfill, where footing would sit atop fill material.
2.18 The engineer shall be required to certify that the street centerline elevations are set a minimum of
3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom
elevation of the crawl spaces of homes is at least 1-foot above.
2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or
drainage facility within this project that do not fall under the jurisdiction of an irrigation district
or ACRD. The design engineer shall provide certification that the facilities have been installed in
accordance with the approved design plans. This certification will be required before a certificate
of occupancy is issued for any structures within the project.
2.20 At the completion of the project, the applicant shall be responsible to submit record drawings
per the City of Meridian AutoCAD standards. These record drawings must be received and
approved prior to the issuance of a certification of occupancy for any structures within the
project.
2.21 100 Watt and 250 Watt, high-pressure sodium street lights shall be required per the City of
Meridian Department of Public Works Improvement Standards for Street Lighting. All street
lights shall be installed at developer's expense. Final design shall be submitted to the Public
Works Department for approved. The street light contractor shall obtain the approved design on
file and an electrical permit from the Public Works Department prior to commencing
installations. The contractor's work and materials shall conform to the ISPWC and the City of
Meridian Supplemental Specifications to the ISPWC.
2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount
of 125% of the total construction cost for all incomplete sewer, water and reuse infrastructure
prior to final plat signature. This surety will be verified by a line item cost estimate provided by
Exhibit B Page 3
EXHIBIT A
the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash
deposit or bond. Please contact Land Development Service for more information at 887-2211.
2.23 The City of Meridian requires that the owner post to the City a warranty surety in the amount of
20% of the total construction cost for all completed sewer, water and reuse infrastructure for
duration of two years. This surety will be verified by a line item cost estimate provided by the
owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash
deposit or bond. Please contact Land Development Service for more information at 887-2211.
3. l~OLICE DEPARTMENT
3.1 The Police Department has no concerns related to the site design submitted with the application.
4. FIRE DEPARTMENT
4.1 Provide signage ("No Parking Fire Lane") for all fire lanes in accordance with International Fire
Code Sections 503.4 & D103.6.
4.2 Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set forth
in International Fire Code Section 304.1.2.
4.3 Fire lanes, streets, and structures (including the canopy height of mature trees) shall have a
vertical clearance of 13'6 as set forth in International Fire Code Section 503.2.1.
4.4 Operational fire hydrants, temporary or permanent street signs, and access roads with an all weather
surface are required to be installed before combustible construction material is brought onto the site,
as set forth in International Fire Code Section {IFC) 501.4 and Meridian amendment to IFC~ 10-4-2J.
4.5 The roadways shall be built to Ada County Highway District cross section standards and have a
clear driving surface. Streets less than 26' in width shall have no on-street parking; streets less
than 32' in width shall have parking only on one side. These measurements shall be based on the
drivable surface dimension exclusive of shoulders. The overhead clearance shall be a minimum of
13' 6". The roadway shall be able to accommodate an imposed load of 75,000 GVW as set forth
in International Fire Code Section 503.2.1, and D 103.6.1 and D 103.6.2.
5. REPUBLIC SERVICES
5.1 Republic Services has no comments related to this application.
6. PARKS DEPARTMENT
6.1 The Parks Department has no comments related to this application.
7. ADA COUNTY HIGHWAY DISTRICT
7.1 Site Specific Conditions of Approval
7.1.1 Extend Cedar Grove Street into the site as a 33-foot street section with rolled curb, gutter, and 5-
foot wide attached concrete sidewalks within 45 feet ofright-of--way. Provide the District with
written fire department approval for the reduced street section width prior to plan approval.
7.1.2 Construct the northern and southern termination points of Cougar Flat Place as alternative snoopy
turnarounds.
7.1.3 Construct Cougar Flat Place as a 29-foot street section with rolled curb, gutter, and 5-foot wide
sidewalks within 42 feet ofright-of--way. Provide the District with written fire department
approval for the reduced street section width prior to plan approval. Provide a permanent
sidewalk easement for the sidewalk located outside of the right-of--way. The easement shall
Exhibit B Page 4
EXHIBIT A
encompass the entire area between the right-of--way line and 2 feet behind the back edge of the
sidewalk. Install no parking signs on one side of Cougar Flat Place.
7.1.4 Close the two existing curb cuts on Linder Road serving occupied homes located approximately
860 feet and 330 feet north of Divide Creek Street. Replace these existing curb cuts with vertical
curb, gutter, and sidewalk to match the existing improvements along Linder Road.
7.1.5 Retain the existing approach on Linder Road located 605 feet north of Divide Creek Street as a
shared driveway that will serve the existing homes along Linder Road. The proposed shared
driveway will be a temporary full access driveway until increased traffic conditions dictate the
installation of a median along Linder Road. Once a median is installed, the driveway will be a
right-in, right-out access only.
7.1.6 Other than the access specifically approved with this application, direct lot access is prohibited to
Linder Road and should be noted on the final plat.
7.1.7 Enter into a license agreement for a111andscaping proposed within ACHD right-of--way or
easement areas.
7.1.8 Payment of impacts fees are due prior to issuance of a building permit.
7.1.9 Comply with all Standard Conditions of Approval.
7.2 STANDARD CONDITIONS OF APPROVAL
7.2.1. Any existing irrigation facilities shall be relocated outside of the ACRD right-of--way.
7.2.2. Private sewer or water systems are prohibited from being located within the ACRD right-of--way.
7.2.3. In accordance with District policy, 7203.3, the applicant may be required to update any existing
non-compliant pedestrian improvements abutting the site to meet current Americans with
Disabilities Act (ADA) requirements. The applicant's engineer should provide documentation of
ADA compliance to District Development Review staff for review.
7.2.4. Replace any existing damaged curb, gutter and sidewalk and any that maybe damaged during the
construction of the proposed development. Contact Construction Services at 3 87-6280 (with file
number) for details.
7.2.5. A license agreement and compliance with the District's Tree Planter policy is required for all
landscaping proposed within ACRD right-of--way or easement areas.
7.2.6. All utility relocation costs associated with improving street frontages abutting the site shall be
borne by the developer.
7.2.7. It is the responsibility of the applicant to verify all existing utilities within the right-of way. The
applicant at no cost to ACID shall repair existing utilities damaged by the applicant. The
applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business days
prior to breaking ground within ACRD right-of--way. The applicant shall contact ACRD Traffic
Operations 3 87-6190 in the event any ACHD conduits (spare or filled) are compromised during
any phase of construction.
7.2.8. Utility street cuts in pavement less than five years old are not allowed unless approved in writing
by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for
details.
7.2.9. All design and construction shall be in accordance with the ACHD Policy Manual, ISPWC
Standards and approved supplements, Construction Services procedures and ail applicable ACHD
Standards unless specifically waived herein. An engineer registered in the State of Idaho shall
prepare and certify all improvement plans.
Exhibit B Page 5
7.2.10. Construction, use and property development shall be in conformance with all applicable
requirements of ACRD prior to District approval for occupancy.
7.2.11. No change in the terms and conditions of this approval shall be valid unless they are in writing
and signed by the applicant or the applicant's authorized representative and an authorized
representative of ACRD. The burden shall be upon the applicant to obtain written confirmation of
any change from ACRD.
7.2.12. If the site plan or use should change in the future, ACRD Planning Review will review the site
plan and may require additional improvements to the transportation system at that time. Any
change in the planned use of the property which is the subject of this application, shall require the
applicant to comply with ACRD Policy and Standard Conditions of Approval in place at that time
unless awaiver/variance of the requirements or other legal relief is granted by the ACRD
Commission.
Exhibit B Page 7
C. Legal Description & Exhibit Map for Annexation
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Exhibit C Page 2
D. Required Findings from Unified Development Code
1. Annexation Findings:
Upon recommendation from the Commission, the Council shall make a full investigation
and shall, at the public hearing, review the application. In order to grant an annexation, the
Council shall make the following findings:
a. The map amendment complies with the applicable provisions of the Comprehensive
Plan;
The Applicant is proposing to annex a portion of the subject property from RUT in Ada
County to the R-$ zoning district. The Council finds that the proposed map amendment is
generally consistent with the medium density residential land use designation for this site
Therefore, the Council finds the amendment is consistent with the applicable provisions of
the Comprehensive Plan (see section VII above).
b. The map amendment complies with the regulations outlined for the proposed district,
specifically the purpose statement;
The Council finds that the proposed map amendment to the R-8 zoning district and proposed
single-family residential development of the property is generally consistent with the purpose
statement of the residential and district.
c. The map amendment shall not be materially detrimental to the public health, safety,
and welfare;
The Council finds that the proposed zoning amendment will not be detrimental to the public
health, safety, or welfare. City utilities will be extended at the expense of the applicant. Staff
recommends that the Council consider any oral or written testimony that may be provided
when determining this finding.
d. The map amendment shall not result in an adverse impact upon the delivery of services
by any political subdivision providing public services within the City f ncluding, but not
limited to, school districts; and,
The Council finds that the proposed zoning amendment will not result in any adverse impact
upon the delivery of services by any political subdivision providing services to this site.
e. The annexation is in the best of interest of the City {UDC 11-5B-3.E).
The Council finds annexing this property with an R-$ zoning district is in the best interest of
the City.
2. Preliminary Plat Findings:
In consideration of a preliminary plat, combined preliminary and final plat, or short plat,
the Council shall make the following findings:
A. The plat is in conformance with the Comprehensive Plan and is consistent with this
unified development code;
The Council finds that the proposed plat generally complies with the comprehensive plan
and is consistent with the UDC. The Council finds the proposed plat comports to the
dimensional standards of the R-8 zoning district and the subdivision regulations set forth
in the UDC (please see Section 7 and Section 9 of the Staff Report for detailed analysis
that apply to this development).
B. Public services are available or can be made available and are adequate to
accommodate the proposed development;
Exhibit D Page 1
The Council finds that services can be made available to accommodate the proposed
development.
C. The plat is in conformance with scheduled public improvements in accord with the
City's capital improvement program;
Because the developer is installing sewer, water, and utilities for the development at their
cost, the Council finds that the subdivisions will not require the expenditure of capital
improvement funds.
D. There is public financial capability of supporting services for the proposed
development;
Staff recommends the Commission and Council rely upon comments from the public
service providers (i.e., police, fire, ACRD, etc.} to determine this finding.
E. The development will not be detrimental to the public health, safety or general
welfare; and
The Council is not aware of any health, safety or environmental problems associated with
the development of the subdivision that should be brought to their attention. ACRD
considers road safety issues in their analysis. Staff recommends that the 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
Commission is unaware.
F. The development preserves significant natural, scenic or historic features.
The Council is unaware of any natural, scenic or historic features on this site. Therefore,
the Council finds that the proposed development will not result in the destruction, loss or
damage of any natural, scenic or historic feature(s) of major importance. The Council
should reference any public testimony that may be presented to determine whether or not
the proposed development may destroy or damage a natural or scenic feature(s) of major
importance of which Commission is unaware.
3. Alternative Compliance Findings:
In order to grant approval for alternative compliance, the director shall determine the
following findings:
1. Strict adherence or application of the requirements is not feasible; O
Due to the inclusion of the two (2} existing homes into the plat design, strict adherence is
not feasible to construct a 25-foot wide landscape buffer.
2. The alternative compliance provides an equal or superior means for meeting the
requirements; and
The applicant's proposal to provide a 3,055 square foot common lot, parkways along W.
Cedar Grove Street and the inclusion of four (4) additional trees in the ten-foot buffer
provides an equal means for meeting the requirements. Additionally, the applicant is
preserving several (4) mature trees in the buffer. Thus, the director finds the proposed
alternative meets the intent of the landscape ordinance.
3. The alternative means will not be materially detrimental to the public welfare or
impair the intended uses and character of the surrounding properties.
Exhibit D Page 2
Staff finds that the proposed alternative will not be detrimental to the public welfare or
impair the use/character of the surrounding properties. The applicant's proposal provides
a buffer width greater than 10% of the lot depth and preserves several mature trees on the
site.
Exhibit D Page 3
Exhibit C - Building Elevations for Residential Homes
v-.aw 5 ~ 2~ n 5r