Red Wing Sub MDA 13-002 RZ 13-002ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 54
BOISE IDAHO 04117113 03:16 PM
DEPUTY Bonnie Oberbillig III IIIIIIIIIIIIIIIIIIIIIIIIIIIII~I III
RECORDED-REQUEST OF 11 ~4~ 151
Meridian City
DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. Red Tail Communities, LLC, Owners/Developers
THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into
this~_ day of 2013, by and between City of Meridian, a municipal
corporation of the State of Idaho, hereinafter called CITY, and Red Tail Communities, LLC
whose address is 660 East Franklin Road, Suite 270, Meridian, Idaho, 83642 hereinafter called
OWNERS/DEVELOPERS.
1. 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, the Property described in Exhibit A was originally
annexed in September, 2006 and was bound by a Development
Agreement recorded on or about September 21, 2006, as Instrument No.
106151214, as amended by that certain Addendum to Development
Agreement dated May 12, 2008, and recorded in the real property
records of Ada County, Idaho, on or about June 6, 2008, as Instrument
No. 108065958. The Property described in Exhibit A has been fully
released from such Development Agreement and Addendum and is now
bound in full by this Development Agreement.
1.3 WHEREAS, Idaho Code § 67-6511 A 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
1.4 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
1.5 WHEREAS, Owners/Developers have submitted an application for
annexation and re-zoning of the Property described in Exhibit A, and has
DEVELOPMENT AGREEMENT -RED WING SUBDIVISION (RZ 13-002 & MDA 13-002) PAGE 1 OF 10
requested a designation of R-4 (Low Density Residential District) and
R-15 (Medium High Density Residential District), (Municipal Code of
the City of Meridian); and
1.6 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
1.7 EREAS, record of the proceedings for the requested annexation and
zoning designation of the subject Property held before the Planning &
Zoning Commission, and subsequently before the City Council, include
responses of government subdivisions providing services within the City
of Meridian planning jurisdiction, and received further testimony and
comment; and
1.8 WHEREAS, City Council, the 9th day of April, 2013, 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
1.9 WHEREAS, 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
1.10 OWNE EVELPER 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
l.ll WHE AS, 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, THE FORE, in consideration of the covenants and conditions set
forth herein, the parties agree as follows:
2. INCO O TION OF CITALS: That the above recitals are contractual
and binding and are incorporated herein as if set forth in full.
DEVELOPMENT AGREEMENT -RED WING SUBDIVISION (RZ 13-002 & MDA 13-002) PAGE 2 OF 10
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.
3.2 OWNERS/DEVELOPERS: means and refers Red Tail Communities,
LLC, whose address is 660 E. Franklin, Suite 270, Meridian, ID 83642,
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-4 (Low Density Residential
District) and R-15 (Medium High Density Residential District) attached
hereto and by this reference incorporated herein as if set forth at length.
4. USES PERMITTED BY THIS AGREEMENT:
4.1 The uses allowed pursuant to this Agreement are only those uses
allowed under City's Zoning Ordinance codified at Meridian 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 IG DEVELOPMENT OF SUBJECT PROPERTY:
5.1. Owner/Developer shall develop the Property in accordance with the
following special conditions:
a. Development of this site shall substantially comply with the conceptual
development plan shown on the landscape plan in Exhibit C and the conceptual
building elevations shown in Exhibit D. The plan depicts an apartment complex
consisting of 228 dwelling units on the western portion of the site and 48 single-
family residences on the eastern portion of the site. A conditional use permit is
required for the multi-family development.
b. A 10-foot wide multi-use pathway is required to be constructed along S. Meridian
Road (SH 69) as shown on the landscape plan. The pathway shall be constructed in
accord with the standards contained in the Pathways Master Plan and in a location
approved by the Parlcs and Recreation Director.
DEVELOPMENT AGREEMENT -RED WING SUBDIVISION (RZ 13-002 & MDA 13-002) PAGE 3 OF 10
c. A public pedestrian easement for the multi-use pathway along S. Meridian Road
(SH 69) is required to be submitted to the City, approved by City Council, and
recorded prior to signature on the final plat by the City Engineer and/or
development of the multi-family portion of the site. The pathway shall be
constructed in its entirety with the first phase of development.
d. Noise abatement in the form of a berm or berm and wall combination is required for
residential uses along state highways, per UDC 11-3H-4D. The landscape plan
depicts a berm adjacent to S. Meridian Road (SH 69). The owner/developer shall
submit across-section of the berm (or berm/wall combination) in relation to the
centerline of SH 69 demonstrating compliance with the standards listed in UDC 11-
3H-4D with the final plat application.
e. A minimum five-foot wide detached sidewalk is required to be constructed along E.
Victory Road as shown on the landscape plan in accord with UDC 11-3A-17.
f. A conditional use permit is required for amulti-family development in the R-15
zoning district per UDC Table 11-2A-2.
g. Vehicular access to S. Meridian Road (SH 69) is prohibited in accord with UDC 11-
3 H-4.
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
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 (3 0) 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.
DEVELOPMENT AGREEMENT -RED WING SUBDIVISION (RZ 13-002 & MDA 13-002) PAGE 4 OF 10
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
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
DEVELOPMENT AGREEMENT -RED WING SUBDIVISION (RZ 13-002 & MDA 13-002) PAGE 5 OF 10
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.
1 1. 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
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. SU TY OF PEFO ANCE: 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.
DEVELOPMENT AGREEMENT -RED WING SUBDIVISION (RZ 13-002 & MDA 13-002) PAGE 6 OF 10
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 O INANCES: 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 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:
City Clerk
City of Meridian
33 E. Broadway Ave.
Meridian, ID 83642
with copy to:
City Attorney
City of Meridian
33 E. Broadway Avenue
Meridian, ID 83642
OWNER/DEVELOPER
Red Tail Communities, LLC
660 E. Franklin, Suite 270
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. TI EIS F 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
DEVELOPMENT AGREEMENT -RED WING SUBDIVISION (RZ 13-002 & MDA 13-002) PAGE 7 OF 10
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 AGREEMENT: 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
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.
DEVELOPMENT AGREEMENT -RED WING SUBDIVISION (RZ 13-002 & MDA 13-002) PAGE 8 OF 10
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement and
made it effective as hereinabove provided.
CITY:
CITY OF MERIDIAN, an Idaho municipal
corporation
'-..-
By: ~" C%~~ir~
Mayor Ta y de Weerd
ATTEST:
Holman, City Clerk
~~~S~AClD A UG,Gs,
G~4 T1
a rs
ti ~w
City of
IDANea
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tromp v ~
~~~he TAE M1SURF.
OWNERS/DEVELOPERS:
RED TAIL COMMUNITIES LLC, a Delaware
limited liability company
_~
By: ~ ~--
Randy ullmer, Manager
DEVELOPMENT AGREEMENT -RED WING SUBDIVISION (RZ 13-002 & MDA 13-002) PAGE 9 OF 10
STATE OF IDAHO )
County of Ada
:ss.
On this ~ to day of ~~Y,\ 2013, before the undersigned notary
public in and for the said state, personally appeared Tammy de Weerd and Jaycee L Holman,
known or identified to me to be the Mayor and City Clerk of the City of Meridian, an Idaho
municipal corporation, the persons who executed and attested the foregoing instrument on
behalf of said municipal corporation and acknowledged to me that said municipal executed the
same.
IN WITNESS W~IEREOF, I have hereunto set my hand and seal the day and year first
5 • ~ ~ F
above written. ` ~ ' ~ .~ ~ ~` ~ ,.
0 4.
~~T ARC .~`t
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'~, No y Public for Ida o
••s1','< Residing at: ~--I exl ~ a~;r-) 1 \~
"'~ ` ' My Commission Expires: ~ ~~- ~ ~ b 1 ~l
STATE OF IDAHO )
County of Ada
ss.
On this 11 day of APB ~ ~ 2013, before the undersigned notary
public in and for the said state, personally appeared Randy Fullmer, known or identified to me
to be a Manager of Red Tail Communities LLC, a Delaware limited liability company, the
person who executed foregoing instrument on behalf of said limited liability company and
acknowledged to me that said limited liability company executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first
above written.
ALAN C. NOBLE
NOTARY PUBLIC
STATE OF IDAHO
~;
~' ~ ~~
Notary Public for Idaho
Residing at: ~1 txrd,~+~. , r t~
My Commission Expires: ~/a + /e 9
DEVELOPMENT AGREEMENT -RED WING SUBDIVISION (RZ 13-002 & MDA 13-002) PAGE 10 OF 1 O
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April 9, 2013
Project No. 112168
Red Wing Subdivision
31.83 Acres
Exhibit "A"
A tract of land situated in a portion of Government lot 1 and the Northeast One quarter of the
Northwest One Quarter of Section 30, Township 3 North, Range 1 East, Boise Meridian, City of
Meridian, Ada County, Idaho, described as follows:
COMMENCING at a found brass cap which monuments the Northwest Corner of said Section 30,
which bears South $9°42'14" West a distance of 2,450.84 feet from a found brass cap which
monuments the North One Quarter Corner of said Section 30, thence following the northerly line of
said Section 30 and the centerline of East Victory Road, North 89°42'14" East a distance of 650.00
feet to the POINT OF BEGINNING.
Thence following said northerly line and said centerline, North 89°42'14" East a distance of
1,236.84 feet;
Thence leaving said northerly line and said centerline, South 0°1T46" East a distance of
350.00 feet;
Thence 317.51 feet along a circular curve to the right, said curve having a radius of 317.50
feet, a central angle of 57°17'49", a chord bearing of South 28°21'06" West and a chord
distance of 304.44 feet;
Thence South 57°43'33" West a distance of 46.19 feet;
Thence 237.06 feet along a circular curve to the left, said curve having a radius of 682.50
feet, a central angle of 19°54'04", a chord bearing of South 47°46'31" West and a chord
distance of 235.87 feet;
Thence South 35°43'32" West a distance of 50.00 feet;
Thence 173.56 feet along a circular curve to the left, said curve having a radius of 530.56
feet, a central angle of 18°44'36", a chord bearing of South 26°21'15" West and a chord
distance of 172.79 feet;
Thence South 19°04'55" West a distance of 57.81 feet to a point on the centerline of the
Ridenbaugh Canal;
Thence following said centerline, North 70°55'11" West a distance of 1122.60 feet;
Thence following said centerline, North S7°31'47" West a distance of 69.47 feet;
Thence following said centerline, North 44°08'23" West a distance of 314.59 feet to a point
on the westerly Right-of-way line of said South Meridian Road;
Thence following said westerly Right-of-way fine, North 0°25'49" East a distance of 346.74
feet to a point on the southerly right-of-way line of East Victory Road;
Thence following said southerly right-of--way line, North 67°11'27" East a distance of 65.30
feet;
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Thence following said southerly right-of--way line, North 85°58'80" East a distance of 89.71
feet;
Thence following said southerly right-of-way line, North 89°24'55" East a distance of 430.98
feet;
Thence leaving said southerly right-of-way line, North 0°1746" West a distance of 32.00 feet
to the POINT QF BEGINNING.
The above-described tract of land contains 31.83 acres more or less, subject to all existing
easements and rights-of--way.
Prepared By: THE LAND GROUP, INC.
462 E. SHORE DRIVE, SUITE 100
EAGLE, IDAHQ 83616
208-939-4041
208-939-4445 (FAX)
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Red Wing Subdivision Development Agreement -Exhibit C
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Red Wing Subdivision Development Agreement -Exhibit b
CITY F E
F D GS F FACT', CNCLUSINS F LAW
AND
ECISIN & ® Elt
~~RIDIANqqq+~
l IDAHO
In the after of the Request for an Amendment to the Development Agreement; .Rezone to the -
and R-15 Zoaing Districts, and Preliminary Plat Consisting of Forty-Eight (48) Single-Family
Residential Building g,ots, ne (1) ulti-Family Building Lots, and Nine (9) Co mon/then Lots
for Redwing Subdivision, Located at the Southeast Corner of S. Meridian Road (S 69) and E.
'6~ictory Road, by W. Dore Co.
Case No(s). A-13-002; -13-002; PP-13-003
For the City Council Baring ate of: March 26, 2013 (Findings on April 16, 2013}
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of March 26, 2013, incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of March 26, 2013, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of March 26, 2013,
incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of March 26, 2013, 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," codihed at Chapter 65, Title 67, Idaho Code (LC. §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, 2011, Resolution No. 11-784 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.
5. It is found public facilities and services required by the proposed development will not impose
expense upon the public if the attached conditions of approval are imposed.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). MDA-13-002; RZ-13-002; PP-13-003
1-
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 March 26, 2013, 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 request for an amendment to the development agreement is hereby approved
per the provisions in the attached Staff Report for the hearing date of March 26, 2013, attached
as Exhibit A.
2. The applicant's request for a rezone to R-4 and R-15 is hereby approved with the requirement
of a development agreement per the provisions in the attached Staff Report for the hearing date
of March 26, 2013, attached as Exhibit A.
3. The applicant's request for a preliminary plat is hereby approved per the provisions in the
attached Staff Report for the hearing date of March 26, 2013, 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, may be 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 I 1-6B-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
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S}, MDA-13-002; RZ-13-002; PP-13-003
-2-
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).
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 maybe filed.
2. Please take notice that this is a f nal 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 S2, Title 67, Idaho Code.
F. Attached: Staff Report for the hearing date of March 26, 2013
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO{S). MDA-13-002; RZ-13-002; PP-13-003
-3-
By action of the City Council at its regular meeting held on the
2013.
COUNCIL PRESIDENT BRAD HOAGLUN
COUNCIL VICE PRESIDENT CHARLIE ROUNTREE
COUNCIL MEMBER DAVID ZAREMBA
COUNCIL MEMBER I{EITH BIRD
MAYOR TAMMY de WEERD
(TIE BREAKER)
c~~-"~1
day of ~ ~-r- t ~ ,
VOTED C~~
VOTED ca~~
VOTED(?
VOTED. G~.4C~.
VOTED
By: C ~~ ~(. Dated: lT -~~"
City Clei•lc's Office
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). MDA-13-002; RZ-13-002; PP-13-003
-4-
EXHIBIT A
STAFF REPORT
HEARING DATE:
TO:
FROM:
March 26, 2013
Mayor & City Council
~E IDR IAN~-
~J
SUBJECT:
Sonya Wafters, Associate City Planner
208-884-5533
MDA-13-002; RZ-13-002; PP-13-003 -Red Wing Subdivision (fka Cavanaugh
Subdivision)
I. SUMMAIIY IIESCRIPTI1~1F PLICAI~IT'S QUEST
The applicant, W. H. Moore Co., has applied for a modification to the existing development
agreement (MDA) for Cavanaugh Subdivision; rezone (RZ); and preliminary plat (PP) for Red Wing
Subdivision.
The proposed modification to the development agreement (DA) excludes the subject property from
the existing overall DA for Cavanaugh Subdivision (fka Tanana Valiey).
The applicant proposes to rezone 32.87 acres of land from the C-N (Neighborhood Commercial;
13.59 acres) and TN-C (Traditional Neighborhood Center; 16.49 acres) zoning districts to the R-4
(Low Density Residential; 16.55 acres) and R-1 S (Medium High Residential; 16.32 acres) zoning
districts.
The proposed preliminary plat consists of 48 single-family residential building lots, 1multi-family
residential lot, and 9 common open space lots on 31.1 l acres of land.
NOTE: A request to modify the Future Land Use Map for portions of this property that is not yet
complete. This application {CPAM-12-005) was previously acted on by the Commission and is
scheduled for action by the City Council on February 19t''. In analyzing the subject applications, Staff
is assuming Council will approve CPAM-12-005. This request was approved b,~City Council on
March S, 2013.
See Section VIII, Analysis, for. more information.
II. S MARY i2EC®MMEI`l1~ATI0I®T
Staff recommends approval of the proposed MDA, RZ, and PP applications based on the Findings of
Fact and Conclusions of Law in Exhibit B of the Staff Report. NOTE.• The Planning & Zoning
Commission need not make a recommendation on the MDA application.
The Meridian Planning ~ honing Commission heard these items on February 21, 2013. At the
public hearing, the Commission moved to recommend approval of the subject 12Z and P
requests.
Red Wing Subdivision MDA-13-002; RZ-13-002; PP-13-003
PAGE 1
IIT A
i. None
d. Outstanding Issue(s) for City Council:
i. The .applicant requests a waive
' r from Citv Council to UDC 11-3A-3a which restricts
~..,, Ummarv Of City .OLilcil PUbIIC TiearinQ:
,~,, In OnnOSitlon: None
-
..
)
lYs. °
~. ,~presentin~ application: Sonya Watters• Bruce Freckteton: Warren Stewart
~x Staff commenting, on application: None
.1z,. ev Issues of Discussion by C'n~ancil:
la The requirement for
a sewer main fn be installed along the west boundary of the cite
,
i~cent to S. Meridian Road from the north to the south nY•operty bo'ndarv vs on the
west side of S.1~eridian Road:
j~ The two proposed accesses via Victory Road.
~,. fey Council Changes to Commission Recommendation
~ ~odifv condition #1.2.6 in Exhibit to allow two access points to the site via E. Victory
Road as shown on the nrelimina plat
.
ii,. odifv condition #2.1 in F ' ' to require the Developer to rovide an easement for
the construction of a 24-inch sewer main tin along ~~ west boundary of the site
iacent to ~. Meridian Road (SST 691: the applicant shall not be responsible to
construct said sewer main to and throughthe evelopment in this area. only ®rovide an
--- --
easement.
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Numbers MDA-13-
002, RZ-13-002 and PP-13-003 as presented in the staff report for the hearing date of March 26,
2013, with the following modifications: (Add any proposed modifications.)
Denial
After considering all staff, applicant and public testimony, I move to deny File Numbers MDA-i3-
002, RZ-13-002 and PP-l 3-003, as presented during the hearing on March 26, 2013, for the following
reasons: (You should state specific reasons for denial.)
Continuance
I move to continue File Number MDA-13-002, RZ-13-002 and PP-13-003 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 subject property is located on the southeast corner of S. Meridian Road (State Highway 69)
and E. Victory Road, in the northwest'/4 of Section 30, Township 3 North, Range 1 East.
Red Wing Subdivision MDA-13-002; RZ-13-002; PP-13-003
PAGE 2
E IBT A
B. Applicant:
W. H. Moore Company
1940 Bonito Way, Ste. 160
Meridian, Idaho 83642
C. Owner:
Red Tail Communities, LLC
1940 Bonito Way, Ste. 160
Meridian, ID 83642
D. Representative:
Jonathan Seel, W. H. Moore Company
1940 Bonito Way, Ste. 160
Meridian, ID 83642
E. Applicant's Statement/Justification: Please see applicant's narrative for this information.
V. P12®CESS FAC'E'S
A. The subject applications are for a rezone, preliminary plat, and development agreement
modification request. Except for the MDA request, which only requires Council review, a public
hearing is required before the Planning & Zoning Commission and City Council on this matter,
consistent with Meridian City Code Title 1 1, Chapter S.
B. Newspaper notifications published on: January 4, and January 18, 2013 (Commission); March 4,
and 18, 2013 (City Council)
C. Radius notices mailed to properties within 300 feet on: February 1, 2013 (Commission); February
28, 2013 (City Council
D. Applicant posted notice on site by: February 8, 2013 (Commission); March IS, 2013 (CitX
Council
VI. LAND USE
A. Existing Land Uses}: This site is currently vacant/undeveloped.
B. Character of Surrounding Area and Adjacent Land Use and Zoning:
North: Victory Road, Fuel facility/convenience store, landscape nursery, zoned GG; and
residential properties, zoned R-4
South: Undeveloped property, zoned R-$
East: Undeveloped property, zoned R-8 and TN-R
West: Meridian Road (SH 69) and rural residential properties, zoned RUT in Ada County
C. History of Previous Actions:
In 2006, this site received annexation and zoning (AZ-O6-01 S) approval with R-8 and C-N
zoning with the Tanana Valley project. A development agreement was required as a provision
of annexation and recorded as Instrument #1061 S 1214.
A preliminary plat (PP-06-013) for Tanana Valley Subdivision was approved for lOS single-
family residential building lots and 1 commercial building lot on the subject portion of the
Tanana Valley property.
Red Wing Subdivision MDA-13-002; RZ-13-002; PP-13-003
PAGE 3
EXHIBIT A
® In 2008, the subject property was rezoned (RZ-07-014) from R-8 to C-N (13.59 acres) and TN-
C (16.49 acres).
A new preliminary plat (PP-07-015) for Cavanaugh Subdivision was approved that included the
subject property. Lots on this site consisted of common area for landscaping and parking, and
building lots for a neighborhood market, condominium units, apartments, vertically integrated
residential lofts above retail, and commercial.
A development agreement modification (MI-07-011} (Instrument #108065958) was also
approved to address the new neighborhood center plan on this site.
An 18-month time extension (TE-08-022) on the preliminary plat to obtain the City Engineer's
signature on the final plat for the first phase of development was approved by the Director on
October 15, 2008.
® Another 18-month time extension (TE-10-005) on the preliminary plat to obtain the City
Engineer's signature on the final plat for the first phase of development was approved by City
Council on March 23, 2010.
® A two-year time extension (TEC-11-005} on the preliminary plat to obtain the City Engineer's
signature on the final plat for the first phase of development was approved by City Council on
September 27, 2010 and will expire on August 22, 2013 unless a final plat is signed or another
time extension is approved.
D. Utilities:
a} Location of sewer: Sanitary sewer to serve the subject site exists directly adjacent in E.
Victory Road.
b) Location of water: Domestic water to serve the subject site exists directly adjacent in E.
Victory Road.
c) Issues or concerns: The subject site is obligated to pay $1,465.56 per acre to proportionally
offset costs incurred by the City of Meridian for the Victory Road Gap Sewer Project. Said
payment must be received prior to obtaining the City Engineer's signature on any final plat.
E. Physical Features:
1. Canals/Ditches Irrigation: The Ridenbaugh canal runs along the southern boundary of this
site and the Kennedy canal runs north/south on the east portion of the site.
2. Hazards: NA
3. Flood Plain: This property does not lie within the floodplain or flood way.
VIIe CIVIP E~ISIV PLAN AI®tALYSIS
CITY OF MERIDIAN COMPREHENSIVE PLAN POLICIES AND GOALS:
EXISTING:
The Future Land Use Map (FLUM) contained in the Comprehensive Plan currently designates the
western 21+/- acres of site as Medium Density Residential (MDR) and the eastern 11+/- acres as
Mixed Use -Neighborhood {MU-N) with a Neighborhood Center (N.C.) Overlay.
The MDR designation allows smaller lots for residential purposes within City limits. Uses typically
include single-family homes at densities of 3 to 8 dwelling units per acre (pg. 20).
The purpose of the MU-N designation is to assign areas where neighborhood-serving uses and
dwellings are seamlessly integrated into the urban fabric. The intent is to avoid predominantly single-
Red Wing Subdivision MDA-13-002; RZ-13-002; PP-13-003
PAGE 4
E I IT A
use developments by incorporating a variety of uses. Land uses in these areas should be primarily
residential with supporting non-residential services. Non-residential uses in these areas tend to be
smaller scale and provide a good or service that people typically do not travel far for and need
regularly. Employment opportunities for those living in the neighborhood are encouraged.
Connectivity and access between the non-residential and residential land uses is critical in MU-N
areas. Tree-lined, narrow streets are encouraged. Developments are also encouraged to be designed
according to the conceptual MU-N plan depicted in Figure 3-1 of the Comprehensive Plan (see pgs.
24-27).
PROPOSED:
A Future Land Use Map Amendment, CPAM-I2-ODS request is scheduled to be heard by the City
Council on February 19, 2013; the Commission recommended approval of the CPAM request on
January 17, 2013. This request was approved by City Council on March S, 2013.
The applicant proposes to change the FLUM designation on the western 16.32+/- acres of the site
from MDR to Medium High Density Residential (MHDR). The designation on the eastern 10.77+/-
acres is proposed to change from MU-N with a N.C. overlay to MDR making the total area of the
MDR designated area16.55+/- acres (a portion of the site is already designated MDR and will stay as
such).
The MHDR designation allows for the development of a mix of relatively dense residential housing
types including townhomes, condominiums and apartments. Residential gross densities should range
from 8 to 15 dwelling units per acre, with a target density of 12 units per acre. These are relatively
compact areas within the context of larger neighborhoods and are typically located around or near
mixed use commercial or employment areas to provide convenient access to services and jobs for
residents. Developments need to incorporate high quality architectural design and materials and
thoughtful site design to ensure quality of place and should also incorporate connectivity with
adjacent uses and area pathways, attractive landscaping and individual project identity (pgs. 20-21).
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 (pg. 20).
The applicant proposes to develop the western portion of the site with an apartment complex
consisting of 215-228 units resulting in a gross density of 15 dwelling units per acre with a clubhouse
and supporting amenities (see Exhibit A.5). The eastern portion of the site is proposed to develop
with 48 single-family residential building lots resulting in a gross density of 3 dwelling units per acre.
Staff is of the opinion the density proposed by the applicant is consistent with the FLUM designations
requested.
Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to
the proposed ttse (staff analysis in italics):
® "Require landscape street buffers for new development along all entryway corridors." (2.01.02E,
pg. 13)
A 35 foot wide landscape buffer will be requzred along S. Meridian Road, an entryway corridor
in accord with the standards listed in UDC 11-3B-7C Landscape Buffers along Streets.
® "Use the Comprehensive Plan, the Unified Development Code, and the Design Manual to
discourage strip development, and encourage clustered, landscaped business or residential
development on entryway corridors." (2.01.02D, pg. 13)
Red Wing Subdivision MDA-13-002; RZ-13-002; PP-13-003
PAGE 5
EXHIBIT A
Future development of this site adjacent to Meridian Road, an entryway corridor, is required to
comply with UDC landscape and design standards and design guidelines in the Design Manual
in accord with the Comprehensive Plan.
"Provide for a wide diversity of housing types (single-family, modular, mobile homes and multi-
family arrangements} and choices between ownership and rental dwelling units for all income
groups in a variety of locations suitable for residential development." (3.07.03B, pg. 56}
The future development of single family and multi family residential uses on this site will provide
ownership and rental options for individuals with varying income levels.
® "Locate high-density development, where possible, near open space corridors or other permanent
major open space and park facilities, Old Town, and near major access thoroughfares." (3.07.02,
pg. 55)
An apartment complex is proposed on the corner of S. Meridian Road, an entryway corridor, and
E Victory Road, an arterial street. The Ridenbaugh Canal runs along the southern boundary of
the site which will be developed as an open space corridor and will contain a section of the City's
multi-use pathway system.
® "Provide a wallcabie community through good design." (2.01.0 lA, pg, l3)
VIII. AI®TAI,YSIS
A. Analysis of Facts Leading to Staff Recommendation:
DEVELOPMENT AGREEMENT li~IOI)IFICATI®N ( DA): The applicant proposes to amend the
existing development agreement (DA} for the overall Cavanaugh property to remove the subject
property from the agreement and enter into a new DA with the City for the subject property (see
Exhibits A.l, A.2, and B).
The reason for the request is that ownership of the property has changed. The previous
development (Cavanaugh Subdivision) consisted of 177+/- acres and went through bankruptcy
proceedings; the property is now owned by several different entities.
Staff supports the applicant's request to remove the subject property from the existing Cavanaugh
DA and enter into a new DA concurrent with the rezone process.
z®NE ( ): The applicant proposes to rezone 32.87 acres of land from the C-N
(Neighborhood Commercial) and TN-C (Traditional Neighborhood Center) zoning districts to the
R-4 (16.55 acres) and R-15 (16.32 acres) zoning districts.
A conceptual development plan is shown on the landscape plan in Exhibit A.S. The applicant
plans to develop the R-1S, western portion of the site with an apartment complex consisting of
228 dwelling units and the R-4, eastern portion of the site with 48 single-family residences.
Development Agreement: The City may require a development agreement (DA} in conjunction
with a rezone pursuant to Idaho Code section 67-6511 A. To ensure the site develops consistent
with the Comprehensive Plan, conceptual development plan, and preliminary plat, staff
recommends a DA is required as a provision of the rezone. Staff s recommended DA provisions
are included in Exhibit B.
The proposed zoning designations and densities are consistent with the proposed changes to the
FLUM noted above in Section VII. Therefore, staff is supportive of the rezone request.
Red Wing Subdivision MDA-13-002; RZ-13-002; PP-13-o03
PAGE 6
E IIT A
PRELIMINARY PLAT (PP): The proposed preliminary plat consists of 48 single-family residential
building lots, lmulti-family residential lot, and 9 common open space lots on 31.11 acres of land
in the proposed R-4 and R-1 S zoning districts.
Dimensional Standards: The proposed plat and future development is required to comply with
the dimensional standards of the R-4 and R-1 S zoning districts listed in UDC Tables 11-2A-S and
11-2A7 respectively. Staff has reviewed the proposed plat and found several line and chord
segment dimensions to be missing and some lots (L9 & L 10, B2 and L24, B 1) that don't meet the
minimum street frontage requirements. Also, street knuckles are required to be separated from
through traffic by a landscape island, per UDC 11-2A-3; landscape islands are not depicted on the
plan. The final plat(s) will need to comply with the dimensional standards of the applicable
district in effect at the time of final plat application submittal. Note: Staff is currently in the
process of proposing a text amendment to the UDC that may remove the requirement for street
knuckles to be separated from traffic by a landscape island.
Access: Two accesses are depicted on the plat via E. Victory Road and one access is depicted to
the east to eventually connect to the collector street planned to be constructed on the adjacent
property. No access via Meridian Road {SH 69) is proposed.
Because this site lies on the corner of a state highway (SH 69/Meridian Road) and an arterial
street (Victory Road), access to the site is restricted. The Idaho Transportation Department (ITD)
and UDC 11-3H-4B prohibits access to SH 69/Meridian Road; UDC 11-3A-3 limits access to
arterial and collector streets; and the Ada County Highway District (ACHD) limits access to
Victory Road.
Access to a local street is not available to this property. Therefore, an access to Victory Road is
needed. However, the applicant is proposing two access points to Victory Road. The applicant is
requesting a waiver of City Code from City Council for the proposed access points to Victory
Road. Approval for any/all access to Victory shall also be obtained from ACHD. In accord with
UDC 11'-3A-3, staff recommends only one access via Victory Road is approved.
ulti-ITse Pathway: Amulti-use pathway is required to be constructed on this site along S.
Meridian Road (SH 69) within a public use easement in accord with UDC 11-3H-4C.4. A multi-
usepathway is depicted on the landscape plan, The developer is required to submit a public use
easement for the pathway to the Planning Division of the Community Development Department
for approval by City Council prior to signature on the final plat.
IoToise Abatement: Noise abatement in the form of a berm or berm and wall combination is
required for residential uses along state highways, per UDC 11-3H-4D. The landscape plan
depicts a berm adjacent to S. Meridian Road (SH 69). The applicant should submit across-section
of the berm (or berm/wall combination) in relation to the centerline of SH 69 demonstrating
compliance with the standards listed in UDC 11-3H-4D.
Landscaping: A 3S-foot wide landscape street buffer is required along S. Meridian Road (SH
69), an arterial street & entryway corridor; a 3 S-foot wide buffer is shown on the landscape plan
in accord with this requirement. A 2S-foot wide landscape street buffer is required along E.
Victory Road, an arterial street; a 2S-foot wide buffer is proposed on the multi-family portion of
the site and a 30-foot wide buffer is proposed on the single-family portion of the site in accord
with this requirement. The property does not abut the future collector street to the east; therefore,
a street buffer is not required to be provided on this site. Landscaping is required in accord with
the standards listed in UDC 11-3B-7C; the proposed landscape plan complies with these
standards.
Common Opcn Space Site Amenities: All single-family and multi-family developments over
S acres in size are required to provide open space & site amenities in accord with the standards
Red Wing Subdivision MDA-13-002; RZ-13-002; PP-13-003
PAGE 7
EXHIBIT A
listed in UDC 11-3G-3. A minimum of 10% qualified open space is required to be provided for
the development in accord with the standards listed in UDC 11-3G-3B. Based on 15.9 acres for
the single-family portion of the development, a minimum of 1.59 acres of qualified open space is
required. The plat depicts 1.82 acres of common area; however, it does not appear to meet the
"qualified" open space requirements as set forth in UDC 11-3G-3B. Prior to the City Council
meeting, the applicant should submit revised plans showing compliance with this standard
(or calculations detailing how the current plan meets these requirements).
Development area under 20 acres in size is required to provide a minimum of one site amenity.
The applicant proposes a seating and picnic area as an amenity in the single-family portion.
Open space and amenity requirements for the multi-family portion of this project will be
evaluated with the future Conditional Use Permit and/or Certificate of Zoning
Compliance/Design Review.
Sidewalks: Afive-foot wide detached sidewalk is required to be constructed along E. Victory
Road as shown on the landscape plan in accord with UDC 11-3A-17. In addition to the sidewalk,
the applicant is proposing to enter into a developer cooperative with ACHD to widen Victory
Road to 3-lanes and build curb, gutter and sidewalk. The applicant is proposing to be reimbursed
for the impact fee eligible portion of the roadway widening work with future impact fee credits.
Fencing: Fencing appears to be depicted on the landscape plan; however, it is not labeled as such
nor is the type (materials, height) of fencing shown. Fencing is required adjacent to the
Ridenbaugh Canal located along the southern boundary of the site as set forth in UDC 11-3A-6B,
unless the canal is improved as part of the development to be a water amenity. Fencing adjacent
to all pathways and common open space is required to comply with the standards listed in UDC
11-3A-7.
Waterways: The Ridenbaugh Canal lies off-site along the southern boundary of this site. The
irrigation district's access road for the canal lies on the subject property.
Building Elevations: Conceptual building elevations for the multi-family and single-family
structures are included in Exhibit A.6. Final design of the multi-family structures will be required
to comply with the design standards listed in UDC 11-3A-19 and the guidelines contained in the
Design Manual. Staff has no objections to the conceptual elevations as they appear to be of
quality material and design.
Staff is supportive of the proposed development agreement modification, rezone and preliminary
plat with the comments noted above and the conditions listed in Exhibit I3.
IX. EXHIBITS
A. Drawings/Other
1. Vicinity Map
2. Applicant's Proposed Changes to Development Agreement
3. Legal Description & Exhibit Map for Rezone Area
4. Proposed Preliminary Plat -REVISED 2/20/13
5. Proposed Landscape P1anlConceptual Development Plan- REVISED 2/21/13
6. Conceptual Building Elevations
B. Agency & Department Comments/Conditions
Red Wing Subdivision IvIDA-13-002; RZ-13-002; PP-13-003
PAGE 8
EXHIBIT A
C. Required Findings from Unified Development Code
Red Wing Subdivision MDA-13-002; RZ-13-002; PP-13-003
PAGE 9
EXHIBIT A
Exhibit A.l: Vicinity Map
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Red Winb S>.{bdivision MDf1-13-002; I~Z-13-O02; I'P-I3-003
PAGI 10
I~IT A
Exhibit A.2; Applicant's Proposed Changes to Developrr~ent Agreement
Wae~ rd
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CITY OF MERIDM
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Red Wing Subdivision MDA-13-002; RZ-13-002; PP-13-003
PAGE 11
EXHIBIT A
Exhibit A.3: Legal Description Exhibit Map for Rezone Area
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Red Wing Subdivision MDA-13-002; RZ-13-002; PP-13-003
PAGE 12
EXIIIIT A
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Red Wing Subdivision MDA-13-002; RZ-13-002; PP-13-003
PAGE 13
EXHIBIT A
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Red Wing Subdivision MDA-13-002; RZ-13-002; PP-13-003
PAGE 14
E I~IT A
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Red Wing Subdivision MDA-13-002; RZ-13-002; PP-13-003
PAGE 15
EXHIBIT A
Exhibit .A.4: Proposed Preliminary Plat -1~EVISEI) 2/20/13
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Red Wing Subdivision MDA-13-002; RZ-13-002; PP-13-003
PAGE 16
EXI IT A
Exhibit A.S: Proposed Landscape flan/Conceptual Development Plan -- REVISED 2/21/13
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Red Wing Subdivision MDA-13-002; RZ-13-002; PP-13-003
PAGE 17
E IBI A
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Red Wing Subdivision MDA-13-002; RZ-13-002; PP-13-003
PAGE 18
EXHIBIT A
Exhibit A.6: Conceptual Suiltling Elevations
IVlilti-Fami(y Ap~rtrnents
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PACT 19
EXHII~IT A
Sit le-Fain ~ 1 R
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P.ed Wing Si~Uciivision MnA-13-002; RI_,-13-002; PP-I3-U03
PAGI 20
EXHIBIT A
B. Agency .Department Comments/Conditions
L PLANNING DEPARTMENT
The applicant shall obtain City Council approval of the Release of Development Agreement
attached in Exhibit A.2 prior to Council approval of the following DA at the same Council
meeting.
1.1 A Development Agreement (DA) is required as a provision of the rezone of this property. Prior to
the rezone ordinance approval, a DA shall be entered into between the City of Meridian, the
property owner(s) at the time of rezone 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 the
rezone. 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. Development of this site shall substantially comply with the conceptual development plan
shown on the landscape plan in Exhibit A.5 and the conceptual building elevations shown in
Exhibit A.6. The plan depicts an apartment complex consisting of 228 dwelling units on the
western portion of the site and 48 single-family residences on the eastern portion of the site.
A conditional use permit is required for the multi-family development.
b. A 10-foot wide multi-use pathway is required to be constructed along S. Meridian Road (SH
69) as shown on the landscape plan. The pathway shall be constructed in accord with the
standards contained in the Pathways Master Plan and in a location approved by the Parks and
Recreation Director.
c. A public pedestrian easement for the multi-use pathway along S. Meridian Road (SH 69) is
required to be submitted to the City, approved by City Council, and recorded prior to
signature on the final plat by the City Engineer and/or development of the multi-family
portion of the site. The pathway shall be constructed in its entirety with the first phase of
development.
d. Noise abatement in the form of a berm or berm and wall combination is required for
residential uses along state highways, per UDC 11-3H-4D. The landscape plan depicts a berm
adjacent to S. Meridian Road (SH 69). The applicant shall submit across-section of the berm
(or berm/wall combination) in relation to the centerline of SH 69 demonstrating compliance
with the standards listed in UDC 11-3H-4D with the final plat application.
e. A minimum five-foot wide detached sidewalk is required to be constructed along E. Victory
Road as shown on the landscape plan in accord with UDC 11-3A-17.
f. A conditional use permit is required for amulti-family development in the R-15 zoning
district per UDC Table 11-2A-2.
g. Vehicular access to S. Meridian Road (SH 69) is prohibited in accord with UDC 11-3H-4.
1.2 Site Specific Conditions of Approval
1.2.1 Prior to the City Council meeting, the applicant shall submit a revised plat and landscape
plan showing compliance with the qualified open space requirements listed in UDC 11-3G-
3B.
1.2.2 A 10-foot wide multi-use pathway is required to be constructed within a public use easement in
Lot 1, Block 1 as shown on the landscape plan attached in Exhibit A.5. Landscaping is required to
be installed in accord with UDC 11-3B-12. The pathway and landscaping shall be installed in its
entirety with the first phase of development on the site.
Red Wing Subdivision MDA-13-002; RZ-13-002; PP-13-003
PAGE 21
E SIT A
1.2.3 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 and 11-3A-6B.
l .2.4 The applicant shall provide a minimum of one (1) site amenity (seating & picnic area) and 1.59
acres (10%) of qualified open space that meet or exceed the standards set forth in UDC 11-3G-3.
1.2.5 Prior to City Engineer signature on the final plat, the applicant shall obtain City Council approval
of and record a public pedestrian easement for the 10-foot wide multi-use pathways shown on the
plat.
1.2:6 Two accesses to
this site from Victory Road ~sa~ approved as shown on the ~reliminar~plat. No vehicular access
to Meridian Road is allowed.
1.3 General Conditions of Approval
1.3.1 Comply with all bulk, use, and development standards of the R-4 and R-15 zoning districts listed
in UDC Tables 11-2-A-5 and 11-2A-7 respectively.
1.3.2 Comply with all provisions of 11-3A-3 with regard to access to streets. Direct access to S.
Meridian Road is prohibited. Access via E. Victory Road shall be approved by the City of
Meridian and ACRD.
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 Construct the pathway and adjoining fencing and landscaping consistent with the standards as set
forth in UDC 11-3A-7A7 and 11-3B-12C respectively.
1.3.5 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11-3A-
15, UDC 11-3B-6 and MCC 9-1-28.
1.3.6 Comply with the sidewalk standards as set forth in UDC 11-3A-17.
1.3.7 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-5J.
1.3.8 Construct all off-street parking areas consistent with the standards as set forth in UDC I 1-3C-6
for single-family and multi-family dwellings as applicable.
1.3.9 Construct the required landscape buffers consistent with the standards as set forth in UDC 11-3B-
7C.
1.3.10 Construct storm water integration facilities that meet the standards as set forth in UDC 11-3B-
11 C.
1.3.11 Construct all parkways consistent with the standards as set forth in UDC 11-3A-17E, 11-3G-3B5
and ll-3B-7C.
1.3.12 Comply with all subdivision design and improvement standards as set forth in UDC 11-6C-3,
including but not limited to cul-de-sacs, alleys, driveways, common driveways, easements,
blocks, street buffers, and mailbox placement.
1.3.13 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.
1.3.14 Construct amulti-use pathway along SH 69 as set forth in UDC 11-3H-4C4.
1.3.15 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle.
Red Wing Subdivision MDA-13-002; RZ-13-002; PP-13-003
PAGE 22
EX IIT' A
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 all landscaping as set forth
in UDC 11-3B-5, UDC 11-3B-13 and UDC 11-3B-14.
1.4.2 All common open space and site amenities shall be maintained by an owner's association as set
forth in UDC 11-3 G-3F 1.
1.4.3 The project is subject to all current City of Meridian ordinances and previous conditions of
approval associated with this site.
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 shall have an ongoing obligation to maintain all pathways.
1.4.6 The applicant has a continuing abligation to comply with the outdoor lighting provisions as set
forth in UDC 11-3A-11.
1.4.7 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-SC-3B. A surety agreement may be accepted for other improvements in accord with
UDC 11-5C-3C.
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.
1.5.7 At such time that the multi-use pathway connects from one major street to another and is greater
than one-half mile long, the applicant may petition the City to assume maintenance
responsibilities.
2. PUBLIC W®RKS DEPARTMENT
2.1 Sanitary sewer service to this development is available via extension of mains in W. Victory
Road. The applicant shall install mains to and through this subdivision except for the 24 inch
sewer trunk that is master planned along the west boundarv along S Meridian Road; applicant
shall coordinate main size and routing and easement widths with the Public Works Department,
Red Wing Subdivision MDA-13-002; RZ-13-002; PP-13-003
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and execute standard forms of easements for any mains that are required to provide service. In
addition, the applicant shall be required to dedicate a uermanent and temporary easement for said
24 inch sewer trunk line. 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. The subject site is obligated to pay
$1,465.56 per acre to proportionally offset costs incurred by the City of Meridian for the Victory
Road Gap Sewer Project. Said payment must be received prior to obtaining the City Engineer's
signature on any final plat.
2.2 Water service to this site is available via extension of mains in W. Victory 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 All 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 maybe used for non-domestic
purposes such as landscape irrigation if approved by Idaho Department of Water Resources
Contact Robert B. Whitney at (200334-2190.
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.
Red Wing Subdivision MDA-13-002; RZ-13-002; PP-13-003
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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 11-12-3H.
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
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 ,~. 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. P®LICE DEPARTMEI~IT
3.1 The Police Department has no concerns related to this application.
4. FIRE T9EPARTMENT
Red Wing Subdivision MDA-13-002; RZ-13-002; PP-13-003
PAGE 25
E IBI'T A
4.1 One and two family dwellings not exceeding 3,600 square feet require afire-flow of 1,000 gallons
per minute for a duration of 2 hours to service the entire project. One and two family dwellings in
excess of 3,600 square feet require a minimum fire flow as specified in Appendix B of the
International Fire Code. Fire Hydrant spacing shall be provided as required by Appendix C of the
International Fire Code.
4.2 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water
quality by the Meridian Water Department for bacteria testing.
4.3 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department in
accordance with International Fire Code Section (IFC) 508.5.4 as follows:
a. Fire hydrants shall have the 4 1/2" outlet face the main street or parking lot drive aisle.
b. Fire hydrants shall not face a street which does not have addresses on it.
c. Fire hydrant markers shall be provided per Public Works specifications.
d. Fire Hydrants shall be placed on corners when spacing permits.
e. Fire hydrants shall not have any vertical obstructions to outlets within 10'.
f. Fire hydrants shall be placed 18" above finished grade to the center of the 4 %a" outlets.
g. Fire hydrants shall be provided to meet the requirements of 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.
4.4 Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set forth
in International Fire Code Section 304.1.2.
4.5 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.
4.6 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.
4.7 To increase emergency access to the site a minimum of two points of access will be required for any
portion ofthe project which serves more than 50 homes, as set forth in International Fire Code
Section D107.1. The two entrances should be separated by no less than 1/2 the diagonal measurement
of the full development as set forth in International Fire Code Section D104.3. The applicant shall
provide a stub street to the property to the {west/east/north/south).
4.8 Emergency response routes and fire Lanes shall not be allowed to have traffic calming devices
installed without prior approval of the Fire Code Official. National Fire Protection Standard 1141,
Section A5.2.1$.
5. REPUBLIC SERVICES
5.1 Republic Services has no comments related to this application.
6. PARKS DEPARTMENT
6.1 The applicant shall design and consn•uct the multi-use pathway along S. Meridian Road/SH 69
consistent with the location and specifications (Chapter 3) set forth in the Meridian Pathways Master
Plan unless otherwise approved by the Parks and Recreation Director.
6.2 The applicant shall have an ongoing obligation to maintain all pathways.
7. ADA COUNTY HIGHWAY DISTRICT
7.1 Site Specific Conditions of Approval
7.1.1 Enter into a development agreement with the District to improve Victory Road to 3 lanes with curb,
Red Wing Subdivision MDA-13-002; RZ-13-002; PP-13-003
PAGE 26
~X IT A
gutter, and 7-foot wide detached concrete sidewalk from Meridian Road/SH-69 east to the site's east
property line, approximately 1,820-feet.
7.1.2 Comply with requirements of ITD and City of Meridian for Meridian RoadISH-69 frontage. Submit
to the District a letter from ITD regarding said requirements prior to District approval of the final plat
or issuance of a building permit (or other required permits), whichever occurs first.
7.1.3 Provide a permanent right-of way easement for the 7-foot wide detached sidewalks proposed to be
constructed on Victory Road abutting the site.
7.1.4 Construct a dedicated right turn lane for the driveway located approximately 660-feet east of
Meridian Road/SH-69. The right turn lane should designed with an 11-foot wide lane and provide a
100-feet of storage. The applicant should be required to coordinate the Design and Construction of
the dedicated right turn lane with District Development Review staff. ACHD will not reimburse the
applicant for the additional right-of--way to accommodate the construction of, or for the construction
of the right turn lane.
7.1.5 Construct Red Tail Street, Blackspur Way, Silver Wing Drive, Andros Way, Black Hawk Drive, and
White Tail Way as 33-foot street sections, curb, gutter and 5-foot attached concrete sidewalks within
SO-feet ofright-of--way, as proposed.
7.1.6 Provide written fire department approval for the 33-foot street sections, prior to plan approval.
7.1.7 Construct Andros Way to intersect Victory Road, located approximately S60-feet west of Standing
Timber Avenue, as proposed with a S2-foot wide approach, 2 21-foot travel lanes, curb, gutter, S-
foot wide detached concrete sidewalk, and a 10-foot wide landscape median. Provide a permanent
right-of--way easement for any sidewalks placed outside of the dedicated right-of--way and dedicate
the landscape median as right-of--way.
7.1.8 Construct one stub to the east, Black Hawk Drive, located approximately 580-feet north of Victory
Road. Install a sign at the terminus of the stub street stating that, "THIS ROAD WILL BE
EXTENDED IN THE FUTURE."
7.1.9 Construct one S2-foot wide driveway to intersect Victory Road, located approximately 660-feet east
of Meridian Road/SH-69 with 2 21-foot travel lanes and a 10-foot wide landscape island onto
Victory Road as proposed. Pave the driveway its full width and at least 30-feet into the site beyond
the edge of pavement of the roadway.
7.1.10 Construct a 30-foot wide driveway onto Blackspur Way at approximately 12S-feet (measured
centerline to centerline) from the Red Tail Street/Blackspur Way intersection and approximately
1 SS-feet (measured centerline to centerline) from the Black Hawk Drive and Blackspur Way
intersection, as proposed. Pave the driveway its full width and at least 30-feet into the site beyond
the edge of pavement of the roadway.
7.1.11 Payment of impacts fees are due prior to issuance of a building permit.
7.1.12 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 ACHD right-of--way.
7.2.2 Private sewer or water systems are prohibited from being located within the ACHD right-of--way.
7.2.3 In accordance with District policy, 7203.3, the applicant may be required to update any existing non-
compliantpedestrian 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.
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7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the
construction of the proposed development. Contact Construction Services at 387-6280 (with file
number) for details.
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 Ail 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 ACRD shall repair existing utilities damaged by the applicant. The applicant
shall be required to call DIGLINE (1-811-342-1S8S) at least two full business days prior to breaking
ground within ACHD right-of--way. The applicant shall contact ACRD Traffic Operations 387-6190
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 ACRD Policy Manual, ISPWC
Standards and approved supplements, Construction Services procedures and all applicable ACHD
Standards unless specifically waived herein. An engineer registered in the State of Idaho shall
prepare and certify all improvement plans.
7.2.10 Construction, use and property development shall be in conformance with all applicable
requirements of ACHD 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 ACHD. 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, ACHD 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 a
waiver/variance of the requirements or other legal relief is granted by the ACHD Commission.
~. IDAHO 'IFFRANSPORTATION DEPARTMENT
(See next page)
Red Wing Subdivision MDA-13-002; RZ-13-002; PP-13-003
PAGE 28
EXHIBIT A
~o~so
s~ .-, -,
~~
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P.O, 8ox 8028
®oise, ID 83707.2028
(208) 334
i4d.idaho.
February 4, 2013
achelle Hill
Meridian City Clerk's Office
33 East Idaho Avenue
Meridian, Idaho 83G42 E
Re: 13-002 and P~ 13-003 It ig
The Idaho Transportation Department has reviewed the referenced rezone and preliminary plat
for the Red Wing project site on Victory Road near SH-69 (Meridian Road). lTD has the
following comments:
1) ITD has no objection to a local jurisdiction's changes to a land use plan. The proposed
change to the comprehensive plan requires no IT'D-related mitigation.
2) ITD has an access management plan for SH-69 (Meridian Road). The plan does not
include any access to SH-69 between Victory Road and Harris Street. The licant's site
does not appear to affect ITD's access management plans.
3) The proposed change in land use is a net reduction in site-generated trip volume that has an
important impact on the regional roadway system. The conversion from employment /
commercial center to residential development separates homes from employment
opportunities and increases the average journey-to-work and home-to-shopping trip
distance. Although this project is relatively small, the cumulative impact of such
rezone/comprehensive plan changes wits certainly increase regional travel demand and
necessitate additional investment in the transportation system. These incremental changes
to the development plans incur a regional cost to expand the roadway netwocic. This site's
location on the regional highway system could have provided some benefit in im oving
accessibility and reducing both travel distance and the number of trips.
If you have any questions, you may contact Matt Ward at 334-8341 or me at 334-8377.
Sincerely,
Red Wing Subdivision MDA-13-002; RZ-13-002; PP-13-003
PAGE 29
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C. Required Findings from Unified Development Code
1. Rezone Findings:
TJpon recommendation from the Commission, the Council shall make a full investigation
and shall, at the public hearing, review the application. n order to grant a rezone, 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 rezone the subject property to the R-4 and R-15 zoning
districts. The City Council finds that the proposed map amendment (zoning) is generally
consistent with the proposed MDR and MHDR land use designations for this site and the rest
of Cavanaugh development to the south and east of the site. Therefore, the City 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 City Council finds that the proposed map amendment to the R-4 and R-15 zoning
districts and proposed single-family and multi-family residential development of the property
is generally consistent with the purpose statement of the residential district in that it will
provide for a range of housing opportunities.
c. The map amendment shall not be materially detrimental to the public health, safety,
and welfare;
The City 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.
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 including, but not
limited to, school districts; and
The City Council Ends 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 (as applicable) is in the best of interest of the City (UDC II.-SB-3.E).
Because the subject request is for a rezone, the City Council finds this finding is not
applicable.
2. Preliminary Plat Findings:
In consideration of a preliminary plat, combined preliminary and final plat, or short
plat, the decision-making body shall make the following findings:
a. The plat is in conformance with the Comprehensive Plan;
The City Council finds that the proposed plat is in substantial compliance with the
adopted and proposed Comprehensive Plan in regard to land use, transportation, and
circulation. Please see Comprehensive Plan Policies and Goals, Section VII, of the Staff
Report for more information.
Red Wing Subdivision MDA-13-002; RZ~13-002; PP-13-003
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b. Public services are available or can be made available and are adequate to
accommodate the proposed development;
The City Council finds that public services will be provided to the subject property upon
development. (See Exhibit B of the Staff Report for more details from public service
providers.}
c. The plat is in conformance with scheduled public improvements in accord with the
City's capital improvement program;
Because City water and sewer and any other utilities will be provided by the development
at their own cost, the City Council finds that the subdivision will not require the
expenditure of capital improvement funds.
d. There is public financial capability of supporting services for the proposed
development;
Based on comments from the public service providers (i.e., Police, Fire, ACRD, etc.), the
City Council finds there is public financial capability of supporting services for the
proposed development. (See Exhibit B for more detail.}
e. The development will not be detrimental to the public health, safety or general
welfare; and
The City Council finds the proposed development will not be detrimental to the public
health, safety, or general welfare.