Jacks Place AZ 13-006ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 44
BOISE IDAHO 09h2113 01:45 PM
DEPUTY Vicky Bailey
RECORDED-REQUEST OF III IIIIIIIIII'llllll'llll'
Meridian City 113103819
DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. John Bartlett, Owner/Developer
THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into
this day of .CeTlicnn~beY, 2013, by and between City of Meridian, a municipal
corporation of the State o Idaho, hereafter called CITY and John Bartlett, whose address is 105 E.
Edmonds Court, Meridian, Idaho 83642, hereinafter called OWNER/DEVELOPER.
1. RECITALS:
1.1 WHEREAS, Owner is the sole owner, in law and/or equity, of certain tract
of land in the County of Ada, State of Idaho, described in Exhibit A for each
owner, which is attached hereto and by this reference incorporated herein as
if set forth in full, herein after referred to as the Property; and
1.2 WHEREAS, LC. § 67-6511A, Idaho Code, provides that cities may, by
ordinance, require or permit as a condition of re-zoning that the
Owner/Developer 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, Owner/Developerhas submitted an application for annexation
of the Property described in Exhibit A, and has requested a designation of
Limited Office District (L-O) and Medium Density Residential District (R-
8), (Municipal Code of the City of Meridian); and
1.5 WHEREAS, Owner/Developerrnade representations atthe public hearings
both before the Meridian Planning & Zoning Commission and before the
Meridian City Council, as to how the subject Property will be developed and
what improvements will be made; and
DEVELOPMENT AGREEMENT-JACK'SPLACESUBDIVISION(AZ13-006) ~ PncelOF9
1.6 WHEREAS, record of the proceedings for the requested annexation and
zoning designation of the subject Property held before the Planning &
Zoning Commission, and subsequently before the City Council, include
responses of government subdivisions providing services within the City of
Meridian planning jurisdiction, and received further testimony and
comment; and
1.7 WHEREAS, City Council, the 3rd day of September, 2013, has approved the
Findings of Fact and Conclusions of Law as set forth in Exhibit B, which are
attached hereto and by this reference incorporated herein as if set forth in
full, hereinafter referred to as (the Findings); and
1.8 WHEREAS, the Findings require the Owner/Developer to enter into a
development agreement before the City Council takes fmal action on
annexation and zoning designation; and
1.9 OWNER/DEVELOPER deems it to be in their best interest to be able to
enter into this Agreement and acknowledges that this Agreement was
entered into voluntarily and at their urging and requests; and
1.10 WHEREAS, City requires the Owner/Developer to enter into a
.development agreement for the purpose of ensuring that the Property is
developed and the subsequent use of the Property is in accordance with the
terms and conditions of this development agreement, herein being
established as a result of evidence received by the City in the proceedings for
zoning designation from government subdivisions providing services within
the planning jurisdiction and from affected property owners and to ensure re-
zoning designation is in accordance with the amended Comprehensive Plan
of the City of Meridian adopted on April 19, 2011, Resolution No.l 1-784,
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
DEVELOPMENT AGREEMENT -JACK'S PLACE SUBDIVISION (AZ 13-006) PAGE 2 OF 9
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 OWNER/DEVELOPER: means and refers John Bartlett, whose address is
105 E. Edmonds Court, Meridian, ID 83642, the party that is developing
said Property and shall include any subsequent owner(s) and/or developer(s)
of the Property.
3.4 PROPERTY: means and refers to that certain parcel(s) of Property located
in the County of Ada, City of Meridian as described in Exhibit A describing
the parcels to be annexed as Limited Office District (L-O) and Medium
Density Residential District (R-8), and 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 § 11-2A-2 and § 11-2B-2
4.2 No change in the uses specified in this Agreement shall be allowed without
modification of this Agreement.
5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY:
5.1 Owner/Developer shall develop the Property in accordance with the
following special conditions:
1. The owner/developer shall comply with the submitted elevations (home and office)
attached in Exhibit C.
2. If the existing home on Lot 10, Block 2 remains it shall be connected to City water and
sewer service, per MCC 9-1-4 and 9-4-8 with the first phase of development including
the abandonment of any well and septic system.
3. Future development of the office lots shall comply with the design standards listed in
UDC 11-3A-19 and the guidelines contained in the Meridian Design Manual.
4. Across-access/ingress-egress easement shall be granted to the property to the south
(parcel # 85915720012) through Lot 10, Block 1 in accord with UDC 11-3A-3A.
Further, cross access shall be granted between lots 11 and 12, Block as proposed. A
recorded copy of said easement shall be submitted with the first Certificate of Zoning
Compliance application for the site or a note added to the face of the plat that references
the recorded cross access agreement.
5. The owner/developer shall provide a minimum of 16,433 open space for the residential
portion of the development as proposed. Common Lot 3, Block 2 and Common Lot 2,
Block, excluding the portion of the gravel access road within said common lots, shall be
DEVELOPMENT AGREEMENT -JACK'S PLACE SUBDIVISION (AZ 13-006) PAGE 3 OF 9
landscaped with lawn and a mix of shrubs and or other vegetative ground cover. The
owner/developer's landscape architect shall submit a plant materials list to NNIID for
review.
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 Owner/Developer or Owner/ Developer's 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 ofOwner/ Developer's default of this
Agreement, Owner/Developer 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 Owner/Developer that is not cured
after notice as described in Section 7.2, Owner/Developershall 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. Owner/ Developer 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 the City or
Owner/Developer, or by any successor or successors in title or by the assigns
of the parties hereto. Enforcement maybe 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 Owner/Developer or City is delayed for causes that are
DEVELOPMENT AGREEMENT -JACK'S PLACE SUBDIVISION (AZ 13-006) PAGE 4 OF 9
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 Owner/Developer ofany 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: Owner/Developer 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 Owner/Developer, or Owners/Developer's heirs, successors,
assigns, or subsequent owners of the Property or any other person acquiring
an interest in the Property, fail to faithfully comply with all of the terms and
conditions included in this Agreement in connection with the Property, this
Agreement may be terminated by the City upon compliance with the
requirements of the Zoning Ordinance.
9.2 A waiver by City of any default by OwnerlDeveloper ofany one or more of
the covenants or conditions hereof shall apply solely to the breach and
breaches waived and shall not bar any other rights or remedies of City or
apply to any subsequent breach of any such or other covenants and
conditions.
10. REQUIREMENT FOR RECORDATION: City shall record either a
memorandum of this Agreement or this Agreement, including all of the Exhibits, at
Owner/Developer'scnst, and submit proof of such recording to Owner/Developer,prior tothe 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.
DEVELOPMENT AGREEMENT -JACK'S PLACE SUBDIVISION (AZ 13-006) PAGE 5 OF 9
12. 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.
13. CERTIFICATE OF OCCUPANCY: The Owner/Developer agrees that no
Certificates of Occupancy will be issued until all improvements are completed, unless the City and
Owner/Developerhas 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.
14. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agrees to abide
by all ordinances of the City of Meridian and the Property shall be subject to de-annexation if the
owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of
Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of
Meridian.
15. 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, Idaho 83642
with copy to:
City Attorney
City of Meridian
33 E. Broadway Avenue
Meridian, ID 83642
OWNER/DEVELOPER:
John Bartlett
105 E. Edmonds Court
Meridian, Idaho 83642
15.1 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.
16. ATTORNEY FEES: Should any litigation be commenced between the parties
hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other
relief as maybe 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.
DEVELOPMENT AGREEMENT -JACK'S PLACE SUBDIVISION (AZ 13-006) PAGE 6 OF 9
17. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time
is strictly of the essence with respect to each and every term, condition and provision hereof, and
that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a
default under this Agreement by the other party so failing to perform.
18. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and
inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives,
including City's corporate authorities and their successors in office. This Agreement shall be
binding on the Owner/Developer 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 Owner/Developer, to execute
appropriate and recordable evidence of termination of this Agreement if City, in its sole and
reasonable discretion, had determined that Owner/Developer has fully performed its obligations
under this Agreement.
19. 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.
20. FINAL AGREEMENT: This Agreement sets forth all promises, inducements,
agreements, condition and understandings between Owner/Developer and City relative to the
subject matter hereof, and there are no promises, agreements, conditions or understanding, either
oral or written, express or implied, between Owner/Developer 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.
20.1 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.
21. 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 -JACK'S PLACE SUBDIVISION (AZ I3-006) PAGE 7 OF 9
ACHIVOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement and
made it effective as hereinabove provided.
OWNER/DEVELOPER:
k ~f/ 9
J Bartlett
CITY OF MERIDIAN
Mayor T de Weerd
ATTEST: o~P2ro n u~~'sr
I `044 ?~i
Ciky of
E IDI~ IAN~-
1 - _
Jayce .Holman, City Clerk 9~~""_~-~
SEAL
r .,
FyT ~e
fe0<<de TAE d5UR6
DEVELOPMENT AGREEMENT-JACK'S PLACE SUBDIVISION (AZ 13-006) PncE 8 OF 9
STATE OF IDAHO, )
ss
County of Ada )
On this ~ - day of 013, b~° re me, the undersigned, a
Notary Public in and for said State, personall appeazed Johi~artlett"1"cnown or identified to me to
be the person who executed the agreement, and acknowledged to me that he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year in this certificate first above written.
f~11NA NISHITANI
NOTARY PUBLIC
STATE OF IDAHO
STATE OF IDAHO )
County of Ada
ss
/~~~-Cl. Get-c.~
Notary Public r Idaho
Residing at: L~/ ~ e
My Commission Expires: tai aZ /S
On this~_ day of S P .7~~~e ~/ , 2013, before me, a Notary Public,
personally appeazed 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.
(SEAL)
N Public for Idaho
Residing at: yep-,~ie~n [f~
Commission expires; Ja vi ~( ~ ,~ ~ r.~
DEVELOPMENT AGREEMENT-JACK'S PLACE SUBDIVISION (AZ 13-006) Pnce 9 OF 9
EXHIBIT A
Legal Description
5awtvotb Laft~ Survaytng. lI,C F3YHEVt OVAL
~~•.,. Pe E20813118•BtgA !k: t248138b•br0a ~~~ ~) Z~~
207 tY. M.~ie St, t:mwptt. ~ 89617
MERIDIAN PUHI,IC
l,egel Descrlptton WORKS DEPT
far
Jack's Place Subdlvlt<ion
Commercial Lots
May 22, 2013
A roPlat of a portlon of lot 7 of Edmunds Subdlviaton, aS shown in t#oolc 33 of Ptets, Papas 20502069,
Ada County Rewrds, wIIMn c3ovemment lot 3 of 6ecHpn }9, t. S N.. R. 1 E., B.M., Ctry of eMrtdlan, Ada
County, idah4, more partleuiady described as foitawa:
COnnnenotnp Al a foundatunHnum csp, mprtdnQ the W 114 comer Ot said 3ectlon 1tY
drs~n~oe ~-- 862a ~~Mto 0,e canigrlrne IntalaecUon oiMparidtu, Road~~ E. Edman4a drl~vei ana0ttre
Poiet oti3epianinp:
Thence 8euth 68'09'34• Hssl•ooMoldsnt w~ Said centerline o! E. Hdmands Drove, 208.7A lent;
1?isnGe Setllh O'0Y21' weat,l$4.B tfeet to the bepttudnp of a tan~nt ewnis;
50.09 feel, sub~nded t y t1 Ctwt beetinQ South p ~ 'pp~ ~p9 7 ale of 39'5b'42", a radius of
Thanca tiovth 60'11'39" tMeat 4$.88 (pet;
Thence Soule O'S8'Dg" tAfa6t, 1 t 8.2t) fret to Iha south Iles of lot 7 of t?dmonds Sutldntlelon:
Thence tVarlh 88'69'01° 1Heet coholdanl wtth rho south Sns of said Lot 7 of Edtrtonds Subdlvielon.18D,02
fast to paudtweSt oornst of seed fiovammpM !ot ~;
1•honoe North O'661b9' Test, coincident with sold west qM of OwpmmeM Lot 3, a distance of 396.06 fast
to the Point MBegieninp;
Tha above descrittmd parcel contains 1.7i apes, mor~p or less.
8120}J-}3022~JACK9 PtJIC@ SUB . DAVB 7tlRN6RUtrawin0slbesonptbnst130?,Z.COMMHRCfAI, RaV b-77t.
13.docx
Pegs 11
Jactc's 1'luce Sa~di~~ision - AZ-t 3=006 &
Tt-p6Riar wHh and aubJect to ootronants, easements end restrtc0ons el raoord.
EXHIBIT A
RE PRpVAi,
9awt44ottt lend ~vrvayttt~~ LLC ~Y
• • .••.. ~; t20~B13sb-8i0a ez: t200t 39a•9ros JUN f 11Df3
20~ w. Mam 5t. er~+nett. tD ea6 ~ 7 MERtpIAt~ F't16UC
W9RKS p~PT
Legal Q~scrtptFan
for
.talc's Face 8utrdlvision
Res~ettllal l.ota
May 22, 2013
A rep[al of a pordon at Lot 7 of Edrnands 8'ubd141rDen, as shown In t3ook 33 of Pate, pages RObO-2051,
Ada Comity ttacarda, wdlhin Government I.ot 9 of Section 19, T: 9 N., R.1 ti., B.M., cxy of Adedrian, Ada
t;ottntY, [daf~, Mare partkuledy deeratbad as tnAowa:
Cottunanelttp et a found elutairtum cap, rnerWng the W t/4 wmer oleeld 9oodon tg;
Ttteace t?outh 0.55'Og^ t+Yest, cohtCident ~N Ute west Ifne of 8eW Govemment t.at 3 of Section 19, a
dtetanoe of 952.b7 feet;
Tttenee 3oulh ft8'Sg'34• BaBt. 208,74 foal to the Point of t3eWnrtM~:
7henae oontinulr~ South 89•b9'34' EaR, 128.02 lost;
Theme South 89'SD'S8' t=ask 2tS.50 feet to the beOfnMng o/ a taagerS curve;
Thence 5901 Mal afonp the arc of card turvo ro the talk wllh a central anyte of3J'49~16', a tedNraof
[OO.t70 tent, subtended dY a c[tprd beerlnp North ti •22'ZO' East, 58.19 tact
TlEertee 5rauth 35'9'19" East. 81.23 fast;
Thence South 0'0$'21 • wt+ek SS7.33 feet t0 the south Ilea o[ said l3ov+fnmont Got 3:
Theeoe North 89'54'01" weak coincident N6/1 card south Nna ottltnramnant t.ot 8. a d~snra ol4S2.40
rear;
Thence North 0°88'09" East, s t8.20 fe®t;
~~ North 50'11'39" Beak 45.48 feet io Iha beQinning O<a non-tert~M curve;
1'henoe 34.77' elonp the an: of rald ourve to ate trohk with a canirat anpte of 39•SG'42". o redtw of 50.00
fe9t, subtended by a Cllpld Irearing North 16'59'00• week sa,or teak
Thenoa Ntxttt 0.01'21" Fait 154, B1 test to the Point of t3oglnnirtp;
The pbovs dessribod parser rwntaini S.$3 ~Ma. more or teas.
P:1$079113022.,[ACKS PLACE &tls -GAVE
13.do~r
Page tt
REV t> 22-
Tnek's Place Subdivision - AL-13-006
Together wllh end subjoct to covenaMe,
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND
DECISION & ORDER
~E IDR IAN,-
~J
In the Matter of the Request for Annexation of 5.34 Acres with the L-O (1.71 Acres) and R-S (3.63
Acres) Zoning Districts AND Preliminary Plat Consisting of Three (3) Office Lots, Twenty (20)
Single-Family Residential Building Lots and Three (3) Common Lots on 4.52 Acres for Jack's Place
Subdivision, Located on the East Side of N. Meridian Road; Approximately a'/4 Mile North of E.
Victory Road, by Jack's and Jesse Place, LLC.
Case No(s). AZ-13-006; PP-13-010
For the City Council Hearing Date of: August 20, 2013 (Findings on September 3, 2013)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of August 20, 2013, incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of August 20, 2013, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of August 20,
2013, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of August 20, 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," codified 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). AZ-13-006 & PP-13-010
-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 August 20, 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 annexation and preliminary plat is hereby approved per the
conditions of approval in the attached Staff Report for the hearing date of August 20, 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 mamier, 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 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 may be granted. With all
extensions, the Director or City Council may require the preliminary plat, combined
preliminary and final plat or short plat to comply with the current provisions of Meridian City
Code Title 11. If the above timetable is not met and the applicant does not receive a time
extension, the property shall be required to go through the platting procedure again (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 may be initiated prior to signature of the
agreement by all parties and/or maybe 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-13-006 & PP-13-010
-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 notice 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 may be 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 August 20, 2013
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-13-006 & PP-13-010
-3-
By action of the City Council at its regular meeting held on the day of
2013.
COUNCIL PRESIDENT BRAD HOAGLUN VOTED_~
COUNCIL, VICE PRESIDENT CHARLIE ROUNTREE VOTED I
COUNCIL MEMBER DAVID ZAREMBA VOTED.
COUNCIL, MEMBER KEITH BIlZD VOTED__C
MAYOR TAMMY de WEERD VOTED `~-
(TIE BREAKER)
_ ~
avor T de Weerd
Attest:
~¢Q~ACr:b nU~~sr
2GO I jp
w
c;cy °E
IDIATV~--
s
Jaycee man, City Clerk ;, ~°A"°
~F SEAL
~TE9 ~~lde THE AS~~~~P~
Copy served upon Applicant, The Planning vent, Public Works Department and City Attorney.
By• .-~-l'w~V"~ Dated: ~ - `~
City Cl k Office
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-13-006 & PP-13-010
-4-
EXHIBIT A
STAFF REPORT
Hearing Date: August 20, 2013
TO: Mayor and City Council
FROM: Bill Parsons, Associate City Planner
208-884-5533
SUBJECT: AZ-13-006 and PP-13-010 -Jack's Place
E IDIAN --
I",+:}
I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant has applied for annexation and zoning (AZ) of 5.34 acres of land from RUT in Ada
County to the L-O (Limited Office)(1.71 acres) and R-8 (Medium Density Residential)(3.63 acres)
zoning districts. A preliminary plat (PP) is also proposed consisting of three (3) office lots, twenty
(20) single-family detached residential building lots and three (3) common area lots on approximately
4.52 acres of land in the proposed L-O and R-8 zoning districts for Jack's Place Subdivision. The
existing home on Lot10, Block 2 will remain as part of the subdivision. See Section IX of the staff
report for more information.
IL SUMMARY RECOMMENDATION
Staff recommends approval of the annexation (AZ) and preliminary plat (PP) with the conditions of
approval in Exhibit B in accord with the Findings of Fact and Conclusions of Law in Exhibit D. The
Meridian Planning and Zoning Commission heard these items on June 20, and July 18, 2013. At
the public hearing, the Commission voted to recommend approval of the subiect AZ and PP
requests.
a. Summary of Commission Public Hearing:
i. In favor: Dave Yorgason and David Turner
ii. In opposition: None
iii. Commenting: Kent Brown
iv. Written testimony: Dave Yorgason
v. Staff presenting application: Bill Parsons and Justin Lucas
vi. Other staff commenting on application: None
b. Kev Issue(s) of Discussion by Commission:
i. Cross access to the Mussel) Corner property.
ii. Viable buildable lots along the south boundary due to the large NMID irrigation
easement and topography.
iii. Common lot versus easement on the southern boundary to assign maintenance
responsibility of the irrigation easement (access area).
iv. Future property owner's paving taxes on property that cannot be improved as part of
the buildable lot.
c. Kev Commission Change(s) to Staff Recommendation:
i. Commission approved the NMID facility as an easement on the buildable lots along the
south boundary with the requirement that the HOA maintain the NMID access area;
exclusive of the fencing and landscaping installed on the buildable lots.
ii. Commission removed the requirement for the 5-foot wide micropath through the
common lots (Lot 3, Block 2 and Lot 2, Block 1) and the commercial lot (Lot 10, Block
iii. Updated the open space square footages to reflect revised plat.
d. Outstanding Issue(s) for City Council:
Jack's Place Subdivision - AZ-13-006 & PP-13-010 PAGE 1
EXHIBIT A
i. None
The Meridian amity Council heard these items on August 20.2013. At the nublic hearing. the
ouncil annroved the subiect AZ and PP request.
~,. Summary of City Council Public Hearin:
~ In favor: Dave Yorgason
ii. In opposition: None
iii. Commenting: None
j~ Written testimony: Dave Yor~ason
y,, Staff presenting anplication: Bill Parsons
yh Other staff commenting on appplication: None
~_ Key Issues of Discussion by Council:
1. None
c ~y Council Changes to Staff/Commission Recommendation
~ None
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Numbers AZ-13-
006 and PP-13-O10, as presented in the staff report for the hearing date of August 20, 2013, with the
following modifications: (Add any proposed modifications).
Denial
After considering all staff, applicant and public testimony, I move to deny File Numbers AZ-13-006
and PP-13-O10, as presented during the hearing on August 20, 2013, for the following reasons: (You
should state specific reasons for denial)
Continuance
I move to continue File Numbers AZ-13-006 and PP-13-010 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: (Parcel #82114050305)
The site is located on the east side of S. Meridian Road; north of E. Victory Road in the
southwest'/4 of Section 19, Township 3 North, Range 1 East.
B. Applicant/Owner(s):
John Bartlett
105 E. Edmonds Court
Meridian, ID 83642
C. Representative:
Dave Yorgason, Tall Timber Consulting, LLC
14254 W. Battenberg Drive
Boise, Idaho 83713
D. Applicant's Statement/Justification: Please see applicant's narrative for this information.
V. PROCESS FACTS
A. The subject application is for annexation and a preliminary plat. A public hearing is required
before the Planning and Zoning Commission and City Council on this matter, consistent with
Jack's Place Subdivision- AZ-13-006 & PP-13-010 PAGE 2
EXHIBIT A
Meridian City Code Title 11, Chapter 5.
B. Newspaper notifications published on: June 3, and 17, 2013(Commission); July 29 and AuSUSt
12, 2013 (Council)
C. Notices mailed to property owners within 300 feet on: May 23, 2013(Commission); July 25,
2013 (Council)
D. Applicant posted notice on site(s) on: June 10, 2013 (Commission); August 10, 2013 (Council)
VI. LAND USE
A. Existing Land Use(s): This property is developed with a county residence and several
outbuildings. The proposed plat indicates that the existing home will remain on a lot and block in
the proposed subdivision.
B. Character of Surrounding Area and Adjacent Land Use and Zoning:
North: Veterinary Clinic and Larkspur Subdivision No. 5, zoned L-O and R-8
South: Bitterbrush Point Subdivision and commercial property, zoned R-4 and C-G
East: Future Larkspur Subdivision No. 4, zoned R-8
West: Church and Meridian Road (SH 69), zoned C-G
C. History of Previous Actions: In 2012, the City approved a Comprehensive Plan Map Amendment
(CPAM-12-006) that changed the land use designation on the property from low density
residential (LDR) to office and medium density residential (MDR) land use designations.
D. Utilities:
a. Location of sewer: Sanitary sewer to serve the subject site is available in E. Edmonds
Court.
b. Location of water: Domestic water to serve the subject site is available in E. Edmonds
Court, and will be available in the newly constructed Larkspur Subdivision No.4 to the
east.
c. Issues or concerns: None
E. Physical Features:
1. Canals/Ditches Irrigation: The Kennedy Lateral runs along the southern and near the eastern
boundary of the property. The portion of the lateral along the southern boundary is tiled and
impacts the proposed rear yards of the buildable lots and possibly the aesthetics of the
development.
2. Hazards: Noted above.
3. Flood Plain: This property does not lie within the floodplain or flood way.
VII. COMPREHENSIVE PLAN POLICIES AND GOALS
This property is designated Office and Medium Density Residential (MDR) on the Comprehensive
Plan Future Land Use Map (FLUM). Office designations are meant to provide opportunities for low-
impact business areas. Sample uses include office, technology and resource centers and ancillary
commercial uses if part of a larger business park area. 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.
Jack's Place Subdivision-AZ-13-006 & PP-13-010 PAGE 3
EXHIBIT A
The proposed preliminary plat includes three (3) office lots and twenty (20) single-family lots on
approximately 4.52 acres. The small office complex is meant to buffer the future single family homes
from SH 69 and the more intense commercial development to the south.
The residential portion of the development has a gross density of 4.44 units to the acre consistent with
both MDR land use designation and UDC density requirements of the requested R-8 zone.
Further comparison reveals the subject property is either surrounded by properties designated office
or developing with medium density residential, zoned R-8. The properties to the east and north are
developing with densities consistent with the proposed subdivision. Because this property and the
surrounding properties are designated with similar land uses and the underlying zoning coincides with
the designated land uses, staff finds that the requested zoning and proposed plat comply with the
Comprehensive Plan.
Staff also finds the following Comprehensive Plan policies to be applicable to this application and the
proposed use of this property (staff analysis in italics):
• Require that development projects have planned for the provision of all public services.
(6.02.O1B, Chapter 6, page 84)
When the City established its Area of City Impact, it planned to provide City services to the
subject property. The City of Meridian currently provides municipal services to the subject
property in the following manner:
- The lands are currently being serviced by the Meridian Fire Department (MFD).
- The lands are currently being serviced by the Meridian Police Department (MPD).
- The roadways adjacent to the subject lands are currently owned and maintained by the Ada
County Highway District (ACHD). This service will not change.
- The subject lands are currently serviced by the Meridian School District #2. This service will
not change.
- The subject lands are currently serviced by the Meridian Library District. This service will
not change.
Municipal, fee-supported, services are available from the Meridian Building Department, the
Meridian Public Works Department, the Meridian Wastewater Department, the Meridian
Planning Department, Meridian Utility Billing Services, and Republic Services.
• Require usable open space to be incorporated into new residential subdivision plats(3.07.02A,
Chapter 3, page 55)
Since the plat is under the S acre minimum, the UDC does not require compliance with the
common open space and site amenity standards set forth UDC 11-3G. However, the Kennedy
Lateral runs through the proposed development and impacts the property near the eastern and
southern boundaries. A majority of this area will be platted as common lots. Staff recommends
that these common lots be enhanced by constructing a S foot wide asphalt walkway through the
common lots (can we call out lot a block). Further, the Lateral impacts the buildable area on Lots
3-9, Block 1. Staff recommends this area be included as a common lot so the required irrigation
easement area is adequately maintained by the HOA. The recommended asphalt walkway could
be extended along of the back of the lots 3-9, Block 1 (south boundary) to provide connectivity to
the pathway required along Meridian Road, the future office park and the adjacent commercial
development to the south.
Further, the submitted landscape plan does not call-out what plant materials are proposed for the
common lots that contain the tiled waterway. The applicant should work with the irrigation
district and accepted plant list so that these areas can be landscaped to enhance the quality of the
development.
Jack's Place Subdivision - AZ-13-006 & PP-13-010 PAGE 4
EXHIBIT A
• Provide a walkable community through good design (Chapter 2, page 13).
See analysis above.
• Support a variety of residential categories (low-, medium-, medium-high and high-density single-
family, multi-family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of
providing the City with a range of affordable housing opportunities (Chapter 3, page 54).
The proposed plat is intended to be an extension of the surrounding Larkspur Subdivision. The
surrounding area is developed with a mix of larger single family lots and transition to smaller
single family lots. Based on the lots sizes and the density developed in the vicinity, staff is of the
opinion the requested R-8 zone allows for a mix of housing options within this area of Meridian.
• Permit new development where urban services can be reasonably provided at the time of final
approval and development is continuous to the City (Chapter 3, page 45).
City services must be extended by the developer. Since the existing home may remain and be part
of the development, it must connect to city services as well. Currently, water and sewer is
available to serve the property.
• Require appropriate landscaping and buffers along transportation corridors (setbacks, vegetation,
low walls, berms, etc.) (Chapter 3, page 54).
Street buffer landscaping is required adjacent to Meridian Road and the future local street
adjacent to the office complex in accord with the standards listed in UDC 11-3B-7C. Further, a
20 foot wide landscape buffer is required between the office uses and the residential uses in
accord with tlae standards listed in UDC 11-3B-9C. Fencing shall comply with the standards
listed in UDC 11-3A-7.
• Require street connections between subdivisions at regular intervals to enhance connectivity and
better traffic flow (Chapter 3, page 48).
A stub street is provided along the eastern boundary of the property. The submitted plat indicates
this stub street will be extended to provide access to the proposed office park and the residential
lots. Edmonds Court will continue to serve as the primary local street access for the existing
residence which provides an outlet to Meridian Road as well. No direct lot access to Meridian
Road is planned for this property, consistent with the standards set forth in UDC 11-3H-4.
• Require screening and buffering of commercial and industrial properties to residential use with
transitional zoning (Chapter 3, page 53).
The off ce designation is proposed to provide a transition between SH 69 and the commercial
property to the south. Typically, an office complex develops with a mix of lower intense
commercial uses thus providing a transition between commercial and future residential uses.
• Reduce the number of existing access points onto arterial streets by using methods such as cross
access agreements, access management and frontage/backage roads (3.03.02N, Chapter 3, page
48).
The office portion of the development abuts commercial development at the south boundary.
Since access is limited adjacent to SH 69, staff is of the opinion the cross access should be
granted to the southern commercial development. This would require a smaller office foot print
on Lot 10, Block 1. If cross access is granted, staff believes internal connectivity would increase
as well as restrict the need for further access to Meridian Road when the commercial property to
the south redevelops.
Jack's Place Subdivision-AZ-13-006 & PP-13-010 PAGE 5
EXHIBIT A
For the above stated reasons, staff is of the opinion the proposed project is consistent with the goals
and objectives in the Comprehensive Plan.
VIII. UNIFIED DEVELOPMENT CODE (UDC)
A. Purpose Statement of Zone(s):
LIMITED OFFICE DISTRICT (L-O) -The purpose of the Commercial Districts is to provide for
the retail and service needs of the community in accord with the Meridian Comprehensive Plan.
Six Districts are designated which differ in the size and scale of commercial structures
accommodated in the district, the scale and mix of allowed commercial uses, and the location of
the district in proximity to streets and highways.
MEDIUM- DENSITY RESIDENTIAL DISTRICT (R-8): -The purpose of the residential
districts is to provide for a range of housing opportunities consistent 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: Table 11-2B-2 lists the principal permitted (P), accessory (A), conditional (C),
and prohibited (-) uses in the L-O zone. 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.
C. Dimensional Standards: Development of the site shall comply with the dimensional standards
listed in UDC 11-2B-3 and UDC 11-2A-6 for the L-O and R-8 zoning districts.
D. Landscaping:
Street buffer landscaping shall be installed in accordance with the standards listed in UDC
Tablel 1-2B-3 and UDC 11-3B-7C for the L-O zoning district.
Parking lot landscaping: All parking lot landscaping shall comply with the standards listed in
UDC 11-3B-8C.
E. Subdivision Design and Improvement Standards: The subdivision must comply with the
subdivision design standards outlined in UDC 11-6C-3.
F. Off-Street Parking: Off-street parking is required in accord with UDC Table 11-3C-6 for single-
family dwellings and UDC 11-3C-6B for the office park.
IX. ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
ANNEXATION (AZ): The applicant has applied to annex and zone 5.34 acres of land from RUT in
Ada County to the L-O (Limited Office)(1.71 acres) and R-8 (Medium Density Residential)(3.63
acres) zoning districts. As discussed above in Section VII, the proposed zoning is consistent with
the FLUM designation of Office and MDR.
A preliminary plat for a small office park and asingle-family residential development is also
proposed with the annexation request. Conceptual building elevations for the residential homes
and the office buildings are shown in Exhibit A.4. Further discussion on the elevations is
provided below.
The annexation legal description submitted by the applicant, included in Exhibit C, shows the
boundary of the property proposed to be annexed and zoned contiguous to the existing boundary
of the City of Meridian and within the Area of City Impact boundary.
Jack's Place Subdivision - AZ-13-006 & PP-13-010 PAGE 6
EXHIBIT A
Development Agreement: The City may require a development agreement (DA) in conjunction
with an annexation pursuant to Idaho Code section 67-6511A. To ensure the site develops
consistent with the Comprehensive Plan, the preliminary plat, and conceptual building elevations,
staff recommends a DA as a provision of annexation in accord with the provisions included in
Exhibit B.
PRELIMINARY PLAT (PP): The proposed preliminary plat consists of three (3) office lots, twenty
(20) residential lots and three (3) common lots on approximately 4.52 acres of land in the
proposed L-O and R-8 zoning districts. The proposed gross density for the residential portion of
the subdivision is 4.44 dwelling units per acre is consistent with the proposed R-8 zoning district.
Phasing Plan: The proposed project will develop in two phases. The first phase will be the
residential portion of development; followed by the office park. Staff is supportive of the
proposed phasing plan.
Dimensional Standards: Staff has reviewed the proposed plat for compliance with the applicable
standards listed in UDC Table 11-2A-6 and UDC 11-2B-3for the R-8 and L-O zoning districts.
Since the L-O lots are not required to meet a minimum lot size the proposed office lots meet the
dimensional standards of the L-O zone. Per UDC Table 11-2B-3, a 35-foot wide landscape buffer
is required adjacent to Meridian Road (SH69), a 20-foot wide landscape buffer is required
adjacent to the residential uses and a 10-foot wide landscape buffer is required adjacent to S.
Bartlett Avenue. The submitted plat complies with the aforementioned dimensional standards.
Future development of these lots will be reviewed with future certificate of zoning compliance
applications.
The twenty (20) residential lots must comport to the R-8 dimensional standards set forth in
UDC 11-2A-6. After reviewing the submitted plat all of the lots appear to comport with
these standards. However, several of the buildable lots (Lots 3-9, Block 1) along the
southern boundary are impacted by a 55-foot wide Kennedy Lateral easement that may
affect the buildable area of the lots. In the applicant' narrative they contend that the homes
submitted with the application will fit on the proposed lots along this boundary. Staff
recognizes the design constraints for this portion of the proposed development but feels that
the applicant should provide, at the public hearing, some assurance that these are viable
lots (e.g. - an exhibit showing how structures could be situated on these lots and what size
footprint is available on these lots).
Irrigation Easement: An existing irrigation easement (55 feet wide and not entirely on this
property) in favor of the Nampa Meridian Irrigation District (NM1D) runs along the vast majority
of south boundary and near the east boundary. A portion of the easement near the east boundary
will be contained in common lots (Lot 3, Block 2 and Lot 2, Block 1) maintained by the
homeowner's association and has minimal impact on the adjacent buildable lots. However, the
southern portion of the easement affects seven buildable lots (Lots 3-9, Block 1). In the narrative
from the applicant, they confirmed a meeting with NM1D to discuss the requirements of the
District. Based on these conversations, some encroachment into the easement area may be
allowed through a license agreement however, NMID requires the applicant to maintain an 18-
foot gravel access road along the backside of the buildable lots without any fencing blocking
access. Staff has not received comments from the District regarding the submitted application.
As proposed, the applicant shows each of the above mentioned lots with a portion of this
easement in the rear yard. Staff will allow this layout, provided the applicant is able to obtain a
license agreement from the irrigation district to develop a portion of the easement area with
fencing and landscaping. If the license agreement is not obtained, and the plat is approved as
proposed, the future homeowners will be unable to fence-off a portion their property into the
easement area, and each homeowner will be responsible to maintain the easement area that is part
Jack's Place Subdivision - AZ-13-006 & PP-13-010 PAGE 7
EXHIBIT A
of their property. Further, the future homeowners will be paying taxes on property that they
cannot customize as their own.
To avoid this staff recommends that 20 feet (measured from the existing fence along the south
boundary of the site) of the easement area (access road) be placed into a common lot so that the
maintenance road required by the irrigation district along the south boundary would be owned
and maintained by the HOA rather than separate property owners.
NOTE: If the license agreement allowing encroachment into the irrigation easement is not
obtained, the applicant will have to redesign their plat to create the recommended common
lot and ensure the lots along the southern boundary comport to the R-8 dimensional
standards. It appears the applicant would lose a buildable lot if a common lot is required as
recommended by staff. The applicant could design these lots with shared driveways which
allow the applicant to reduce the lot frontages of these lots to 40 feet with a minimum 4,000
square foot lot.
Access: As mentioned above, an existing stub street is provided along the east boundary of the
subdivision. This roadway will be extended with the development of the site. Further, Edmonds
Court is an existing street that provides a Meridian Road access and access for six (6) lots. Staff is
supportive of the public street access for the residential portion of the development.
The office portion of the development will also take access from a local street (W. Barlett
Avenue). The submitted plat shows that several of the lots will take advantage of cross
access (Lots 11 and 12, Block 1). During the CPAM public hearing, Council raised the
question regarding cross access with the Mussell Corner Subdivision which abuts the office
park on the south boundary. Currently, the Mussell Corner development has been granted
a temporary access to Meridian Road until the nursery redevelops; then this access must be
closed. Council was concerned that the parcel developed with the nursery would be land
locked and request a variance for an access to Meridian Road. However, this parcel has
been granted cross access with other parcels platted with the Mussell Corner Subdivision.
To ensure another access point is not requested along Meridian Road, staff recommends the
applicant redesign a portion of the office park and grant cross access the to the Mussell
Corner property to the south. If cross access is granted, staff believes internal connectivity
would be enhanced and future access to Meridian Road would be unnecessary when the
commercial property to the south redevelops. Access to the office park must comply with
the access to street standards set forth in UDC 11-3A-3.
With the development of Lot 10, Block 1(CZC), the recorded cross access agreement must
be submitted. Further, the cross access agreement should also address cross access between
Lots 11 and 12, Block 1. If the applicant complies with the recommended condition, staff is
supportive of the internal connectivity.
Existing Structures: As mentioned above, an existing home will remain on Lot 10, Block 2. If
the home is to remain, city ordinance requires connection to urban services (water and sewer).
Further, several outbuildings span several of the proposed buildable lots. The outbuildings must
be removed from the property since there is no primary use associated with it and they do not
comport with the R-8 setbacks. Staff recommends the applicant remove the existing outbuildings
and connects the existing home, located on Lot 10, Block 2, to urban services (sewer and water)
in accordance with Meridian City Code Titles 9-1-4 and 9-4-8. The existing well and septic
system must also be abandoned.
Landscaping: A landscape plan was submitted with this application as shown in Exhibit A.3.
The landscape plan is deficient the required 35-foot wide landscape buffer adjacent to Meridian
Road and the 10-foot wide landscape buffer adjacent to S. Bartlett Avenue. The street buffer
Jack's Place Subdivision - AZ-13-006 & PP-13-010 PAGE 8
EXHIBIT A
landscaping is required to be installed in accord with UDC 11-3B-7C. In addition, the UDC
requires a 20-foot wide landscape buffer between office and residential uses. The submitted plat
complies with the required buffer width however the landscape plan does not provide details of
the required plant materials. The landscape buffers are required to be installed in accord with
UDC 11-3B-9C.
Open Space and Amenities: Since the plat is under the 5 acre minimum, the UDC does not
require compliance with the common open space and site amenity standards set forth UDC
11-3G. However, the Kennedy Lateral runs through the proposed development and impacts
the property near the eastern and southern boundaries. A majority of this area will be
platted as common lots (Lot 3, Block 2 and Lot 2, Block 1). Staff recommends that these
common lots could be enhanced by constructing a 5-foot wide asphalt walkway through the
common lots. Further, the Lateral impacts the buildable area on Lots 3-9, Block 1. If these
areas are included in a common lot and maintained by the HOA (as described above) then
the asphalt walkway could also be extended along of the back of the lots (south boundary)
to provide connectivity to the pathway required along Meridian Road, the future office
park and the adjacent commercial development to the south.
Further, the submitted landscape plan does not call-out what plant materials are proposed
for the common lots that will contain the tiled waterway. The applicant should work with
the irrigation district on accepted plant list so that these areas can be landscaped to enhance
the quality of the development.
Waterways: As per UDC 11-3A-6, all irrigation ditches, laterals or canals, exclusive of natural
waterways and waterways being used as amenities, which intersect, cross or lie within the area
being subdivided shall be covered. The Kennedy Lateral nms along the southern portion and near
the eastern boundary of this site. The lateral has been piped on the south side and the exposed
lateral near the east boundary must be piped unless waived by City Council.
Existing Trees: There are a lot of existing trees on the property that may need to be removed
with the development of the property. The submitted landscape plan states tree mitigation is not
required. The applicant should protect all existing trees on the site that are greater than four-inch
caliper and/or mitigate for the loss of such trees as set forth in UDC 11-3B-10, mitigation is
required for all existing healthy trees 4-inch caliper or greater that are removed from the site with
equal replacement of the total calipers lost on site up to an amount of 100% replacement. With
the submittal of the final plat the applicant should submit a revised landscape plan that
details the mitigation plan outlined by the developer and the City Arborist.
Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be
supplied by a year-round source of water. The applicant should be required to utilize any existing
surface or well water for the primary source. If a surface or well source is not available, 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. An underground, pressurized irrigation
system should be installed to all landscape areas per the approved specifications and in
accordance with UDC 11-3A-15 and MCC 9-1-28.
Fencing: The applicant is proposing 6-foot solid fencing for the proposed development. Fence
materials have not been specified. Where the buildable lots abut common lots (Lots 3 and 7,
Block 2 and Lot 2, Block 1), fencing must either be 4-foot solid or 6-foot open vision. If the
common lot is required along the southern boundary as recommend by staff than the same
fencing requirements apply. All fencing must comply with the fencing standards outlined in UDC
11-3A-7.
Jack's Place Subdivision - AZ-13-006 & PP-13-010 PAGE 9
EXHIBIT A
Building Elevations: The applicant has submitted sample elevations to depict the style of homes
and the office buildings 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
trusses, 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.
The office elevations incorporate a stucco finish, stone wainscot, variations in roof form,
decorative covered entries, exposed timber trusses and modulation in the wall planes. Staff is
supportive of the proposed office buildings materials and design features. A recommended DA
provision requires compliance with the submitted building elevations.
Certificate of Zoning Compliance (CZC): A CZC application is required to be submitted, prior
to issuance of building permits, for any of the office lots.
Design Review (DES): The applicant is required to obtain approval of a Design Review
application for the proposed structures and site design for the office park. This application may
be submitted concurrently with the CZC application. The applicant must comply with the design
standards listed in UDC 11-3A-19 and the guidelines contained in the Meridian Design Manual.
In summary, Staff recommends approval of the proposed annexation and preliminary plat with
the recommended conditions listed in Exhibit B of this report in accord with the findings
contained in Exhibit D.
X. EXHIBITS
A. Drawings/Other
1. Vicinity Map
2. Proposed Preliminary Plat and Gradin Pg lans (dated: 3 06/27/13) (REVISED)
3. Proposed Landscape Plan (dated: 05/14/13)
4. Proposed Building Elevations (Single family homes and Office)
B. Conditions of Approval
C. Legal Description and Exhibit Map
D. Required Findings from Unified Development Code
Jack's Place Subdivision - AZ-13-006 & PP-13-010 PAGE 10
EXHIBIT A
A. Drawings
1. Vicinity Map
Jack's Place Subdivision - AZ-13-006 & PP-13-010 PAGE 11
EXHIBIT A
2. Proposed Preliminary Plat and Grading Plans (dated: nc i~ 06/27/13) (REVISED)
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EXHIBIT A
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Jack's Place Subdivision - AZ-13-006 & PP-13-010 PAGE 13
EXHIBIT A
3. Proposed Landscape Plan (dated: 05/14/13)
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Jack's Place Subdivision - AZ-13-006 & PP-13-010 PAGE 14
PRE-PLAT - LANDSGAPE PLAN
EXHIBIT A
4. Proposed Building Elevations (Single family homes and Office)
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Jack's Place Subdivision-AZ-13-006 & PP-13-010 PAGE 15
EXHIBIT A
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Jack's Place Subdivision - AZ-13-006 & PP-13-010 PAGE 16
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EXHIBIT A
EXHIBIT B -AGENCY & DEPARTMENT CONDITIONS OF APPROVAL
1. PLANNING DEPARTMENT
1.1.1 A Development Agreement (DA) is required as a provision of annexation of this property. Prior
to the amnexation 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 Attorney'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 (home and office) attached in
Exhibit A.4.
B. If the existing home on Lot 10, Block 2 remains it shall be connected to City water and sewer
service, per MCC 9-1-4 and 9-4-8 with the first phase of development including the
abandomnent of any well and septic system.
C. Future development of the office lots shall comply with the design standards listed in UDC 11-
3A-19 and the guidelines contained in the Meridian Design Manual.
D. Across-access/ingress-egress easement shall be granted to the property to the south
(parcel #85915720012) through Lot 10, Block 1 in accord with UDC 11-3A-3A. Further,
cross access shall be granted between lots 11 and 12, Block 1 as proposed. A recorded
copy of said easement shall be submitted with the first Certificate of Zoning Compliance
application for the site or a note added to the face of the plat that references the recorded
cross access agreement.
E. The applicant shall provide a minimum of X48 16.433 open space for the residential
portion of the development as proposed. Common Lot 3, Block 2 and Common Lot 2,
Block 1, excluding the portion of the gavel access road within said common lots, shall be
landscaped with lawn and a mix of shrubs and or other vegetative ground cover.
Evn,~,~--'~ `~~ n i- ed~it# c F E 'a ^''°'* ^^~''-° The applicant's
-landscape architect shall submit a plant materials list to NMID for review and approval.
The approved list shall be included on the revised landscape plan.
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1.2 Site Specific Conditions of Approval
1.2.1 The preliminary plat labeled Sheet 1, prepared by CK-Engineering, dated 9~1~ 06/27/13),
shall be revised as follows:
• With the final platting of the office lots include a note on the face of the plat that
references the recorded cross access agreement. Cross access shall be provided to the
Mussell Corner property to the south through Lot 10, Block 1. Further, cross access shall
be granted between lots 11 and 12, Block 1 as proposed.
• Prior to signature of the final plat by the City Engineer, the applicant shall:
Jack's Place Subdivision-AZ-13-006 & PP-13-010 PAGE 17
EXHIBIT A
a. Submit a signed license agreement with Nampa and Meridian Irrigation
District (NMID) which allows the Lots 3-9, Block 1 on the south side of this plat
to fence and landscape a portion of the NMID easement north of the fence line
depicted on the plat. This portion of the easement shall be maintained by the
property (home) owner. *° *"° ° °*'' ^ °°'~•'~°°
b. The access area within NMID easement, as depicted on Lots 3-9, Block 1
(south of the proposed fence line), shall be maintained by the Jack's Place
homeowner's association and noted as such on the final plat. ra ~,,,...~..~;,..,.,.-
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Prior to the Commission hearing, the applicant shall provide an exhibit showing
how future homes could be situated on Lots 3-9, Block 1 and what size footprint is
available on these lots.
1.2.2 The landscape plan, prepared by South Landscape Architecture, dated 05/14/13, shall be revised
as follows:
• Construct a 35-foot wide landscape buffer adjacent to S. Meridian Road in accord with
UDC 11-3B-7C.
• Construct a 10-foot wide landscape buffer adjacent to S. Bartlett Avenue in accord with
UDC 11-3B-7C.
• Construct a 20-foot wide landscape buffer adjacent to the south boundary of Lot 10,
Block 1 in accord with UDC 11-3B-9C. At a minimum, the required buffer area shall
result in a barrier that allows the trees to touch at the time of maturity and include a mix
of shrubs, lawn or other vegetative ground cover.
• A 10-foot multi-use pathway adjacent to Meridian Road (SH 69) shall be depicted on the
landscape plan submitted with firture final plat application. Prior to signature on the final
plat, a public pedestrian easement for the multi-use pathway along Meridian Road shall
be submitted to the Planning Division of the Community Development Department and
approved by the City Council and recorded.
• Common Lot 3, Block 2 and Common Lot 2, Block 1, excluding the portion of the ravel
access road within said common lots, shall be landscaped with lawn and a mix of shrubs
and or other vegetative ground cover. Said common lot shall be improved with a 5-foot
wide asphalt pathway. The applicant's landscape architect shall submit a plant materials
list to NMID for review and approval. The approved list shall be included on the revised
landscape plan.
• Per UDC 11-3B-10, the applicant shall work with the City Arborist, Elroy Huff, on
designing, adopting, and implementing a protection and mitigation plan for the existing
trees on site.
Jack's Place Subdivision - AZ-13-006 & PP-13-010 PAGE 18
EXHIBIT A
• The applicant shall provide a minimum of 448 16,433 open space as proposed.
• Fencing adjacent to all common areas shall be constructed as six foot open vision or four
foot solid fencing. All fencing shall be installed in accordance with UDC 11-3A-7.
1.2.3 All buildings that span across proposed lot lines, or do not conform to the dimensional standards
(setbacks, height, etc.) of the UDC shall be removed, relocated or made to conform to city code,
prior to City Engineer signature of the final plat.
1.2.4 Prior to developing any of the office lots, a certificate of zoning compliance and design review
application shall be submitted to the Planning Division for review and approval prior to issuance
of building permits.
1.3 General Conditions of Approval
1.3.1 Comply with all bulk, use, and development standards of the R-8 and L-O zoning districts set
forth in UDC 11-2A-6 and UDC 11-2B-3.
1.3.2 Comply with all provisions of 11-3A-3 with regard to access to streets unless waived by Council.
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-
15, UDC 11-3B-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-SJ.
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.
1.3.9 Comply with all subdivision design and improvement standards as set forth in UDC 11-6C-3,
including but not limited to easements, blocks, street buffers, and mailbox placement.
1.3.10 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle.
1.3.11 Comply with all ACHD conditions of approval.
1.3.12 Prior to the issuance of a building permit, the property shall be subdivided in accordance with the
UDC.
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 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.
Jack's Place Subdivision - AZ-13-006 & PP-13-010 PAGE 19
EXHIBIT A
1.4.5 The applicant has a continuing obligation to comply with the outdoor lighting provisions as set
forth in UDC 11-3A-11.
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-SC-3B. A surety agreement may be accepted for other improvements in accord with
UDC 11-SC-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.
2. PUBLIC WORKS DEPARTMENT
2.1 Sanitary sewer service for this development shall be from an extension of the existing main in E.
Edmonds Court. 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 outside of a public right-of--way.
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 Domestic water mains to provide service to this development will be from an extension of the
existing main in E. Edmonds Court, and the newly developed Larkspur Subdivision No. 4 to the
east. Per Meridian City Code, the applicant shall be responsible to install water mains to and
through this development.
2.3 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 shall 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.
2.4 Any existing structures that are required to be removed shall be removed prior to signature on the
final plat by the City Engineer.
2.5 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.
Jack's Place Subdivision - AZ-13-006 & PP-13-010 PAGE 20
EXHIBIT A
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.
2.6 Any existing domestic wells 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.
2.7 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.
2.8 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.
2.9 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.
2.10 All development improvements, including but not limited to sewer, water, fencing, micro-paths,
pressurized irrigation and landscaping shall be installed and approved prior to obtaining
certificates of occupancy.
2.11 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.
2.12 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.
2.13 Applicant shall be responsible for application and compliance with any Section 404 Permitting
that may be required by the Army Corps of Engineers.
2.14 Developer shall coordinate mailbox locations with the Meridian Post Office.
2.15 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.
2.16 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.
2.17 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 ACHD. 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.
2.18 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.
2.19 100 Watt and 250 Watt, high-pressure sodium street lights shall be required on all public
roadways per the City of Meridian Improvement Standards for Street Lighting. All street lights
Jack's Place Subdivision - AZ-13-006 & PP-13-010 PAGE 21
EXHIBIT A
shall be installed at developer's expense. Final design shall be submitted as part of the
development plan set for approval, which must include the location of any existing street lights.
Street lighting is required at intersections, corners, cul-de-sacs, and at a spacing that does not
exceed that outlined in the Standards. The contractor's work and materials shall conform to the
ISPWC and the City of Meridian Supplemental Specifications to the ISPWC.
2.21 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.
2.22 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.
2.23 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of
way (include all water services and hydrants). The easement widths shall be 20-feet wide for a
single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but
rather dedicated outside the plat process using the City of Meridian's standard forms. The
easement shall be graphically depicted on the plat for reference purposes. Submit an executed
easement (on the form available from Public Works), a legal description prepared by an Idaho
Licensed Professional Land Surveyor, which must include the area of the easement (marked
EXHIBIT A) and an 81/2" x 11" map with bearings and distances (marked EXHIBIT B) for
review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO
NOT RECORD. Add a note to the plat referencing this document.
2.24 Applicant shall be responsible for application and compliance with and NPDES permitting that
may be required by the Environmental Protection Agency.
3. POLICE DEPARTMENT
3.1 If required as a condition of the plat, the Police Department supports a portion of NMID irrigation
easement placed in a common lot along the southern boundary of Lots 3- 9, Block 1 so that the
irrigation easement is maintained by the HOA and does not become a nuisance for the future
residences.
4. FIRE DEPARTMENT
4.1 The proposed project lies outside the five-minute response zone goal. Achievement of this goal is
subject to budgetary constraints and is intended to enhance the probability of a favorable outcome
on a request for Basic and Advanced Life Support. The budget constraints are typically defined as
capital outlay for facilities that are located within 1.5 miles from a given location and sufficient
operational fiends to staff the facilities.
4.2 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.
4.3 All entrances, internal roads, drive aisles, and alleys shall have a turning radius of 28' inside and 48'
outside, per International Fire Code Section 503.2.4.
Jack's Place Subdivision - AZ-13-006 & PP-13-010 PAGE 22
EXHIBIT A
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 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 D103.6.1 and D103.6.2.
4.7 All portions of the buildings located on this project must be within 150' of a paved surface as
measured around the perimeter of the building as set forth in International Fire Code Section 503.1.1.
5. REPUBLIC SERVICES
5.1 Republic Services has no concerns related to the plat design submitted with the application.
6. PARKS DEPARTMENT
6.1 The Parks Department has no concerns related to the plat design submitted with the application.
7. ADA COUNTY HIGHWAY DISTRICT
7.1 Site Specific Conditions of Approval
7.1.1 Comply with the requirements of ITD and the City of Meridian regarding Meridian Road
frontage.
7.1.2 Submit to the District a letter from ITD regarding said requirements prior to plans acceptance.
7.1.3 Construct Edmonds Court as one half of a 36 foot local street section with curb, gutter and 5 foot
sidewalk, abutting the site.
7.1.4 Construct Bartlett Avenue as a 34 foot local street section with curb, gutter and 5 foot wide
sidewalks within a 46 foot wide right of way.
7.1.5 Construct two 25 foot wide driveways onto Bartlett Avenue located approximately 125 feet and
215 feet south of Edmonds Court. (Measured centerline to centerline.) Pave both driveways their
full width at least 30 feet into the site beyond the edge of pavement.
7.1.6 Payment of impacts fees are due prior to issuance of a building permit.
7.1.7 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.
Jack's Place Subdivision- AZ-13-006 & PP-13-010 PAGE 23
EXHIBIT A
7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that inay 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 ACHD 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 ACHD 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 ACHD right-of--way. The applicant shall
contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or
filled) are compromised during any phase of construction.
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 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 ACHD.
7.12 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 ACHD 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 ACHD
Commission.
Jack's Place Subdivision - AZ-13-006 & PP-13-010 PAGE 24
EXHIBIT A
C. Legal Description and Exhibit Map
9awh L~artr~ 5urvcying, LLC
_._~ fa; t2.7~31 39881 f~: t2ad} 3~8•S a o5
~Q7 N. t,~La~n ~;.. t`mrryCtt, 7p 83S! 7
Legai D~sclzpt~art
fart'
Jack's PPac>e Subtiivsian
Cammerc~al Lots
hfiay 22, 2Uf3
F~~VE .. CIVAL.
BY ~--~
JUN i t zot~
MERIDiA1V f~ll~Li~
'~fOR1SS p~PT".
A replat of 2 portion of lot ~ of HdlllafrdS S4+ttdivisian, ~ shown in Soak 33 of Plus, Pag08 2b50~2g59,
l~.tla t~aunry f~ecards, wiihin Cavernntent lot 3 of Beckon f9, ~. ~ N., a. 7 ~.. R.M., City of fueridlan, Ada
CQ~anty, fdaho, more Isarticularty ttescribed as fotlows:
~arrimencing at ~ found 8luminrn-i cap, rtiart€it-g the W 7th cxuner of said Scotian 39;
Thence South f?'S6'09P' West, cair~cideret with the west tine of said Government Lat 3 of Section 49, a
destan~ of 982.52 feet to the centerline intersection of Meridian Rand end ~. Edn-ands drive an9 the
Pain! of inning:
7i~nce Sciuth 88°59'34' East;•caincident with Said aarrterline of E. Firimands t}nve, 2{}8....74 feet;
Them South 0"~02'2t" Y'~'est, 7$4:87 feet to r~ beginning o€a tangent curve:
TtrenGe 34.77 feet along the arc of said aurae to the left. with a +eentral angle of 39°5G'42", a radius of
SD.00 feet, subtended tsy a chard: bearsng South t5`53'Ot)" Last- 34.tt7 feet:
Thence South St7`f 9'39" West, 45.65 feet;
Tfsenae Sautti ti°58'Q5" West, i t 8.20 feet to the south line of ! cat 7 d{ ~rnar:ds Su>tdivisian:
Thence f~tarth 89'S9't}t" V'lest coincident with the south line a# saie Lot 7 of f;tfmand5 Suridivr$ian, 189,Q2
feat to svrrthwest aarneC of said Government Lot 3;
Th$noe hkrrflt p°5<i't39" East, aafncident with seed west line of Gavemrnerat lot 3, a distance of 368.QS feet.
to the ~'alttt ail5eginnir>,g;
The above descrif~d ttarexl oantains 1.79 acres, more or fens.
P:12D73tii3072~fACKS i'I,ACE SUFI - iaAV1= 'Ct<,fRt~1~R4i]rawiry~sgtptiansl?3p~•Cf7MMERCt+4i. EiEV 5-2Z-
93.doax
Fags j7
Jack's Place Subdivision - AZ-13-006 & PP-13-010 PAGE 25
T"r~agether whit gnd subject is cawanents, easements and nestrigians of revorcf.
EXHIBIT A
~a+~trtclcaitFt Nand 5utvdyiing~ LLG
_ _ - ~': 12G8) 39$-8104 F: [2C3$} 338-$ t£)5
?47 W. INanv 5E. irrr+nvsS. id 83G 17
legal [}escriptfan
far
,f~tCk'S t'lace SttbdiviSiort
fit+st4ier+tial ~.OfS
I~ny2~, 2p'J3
REV Pr~QVAI
RY
MERIDIAN PUSIJC
1NQI~KS DEPT
A replat 4f a portidn of tot 7 Of Edrnonds 5ubdvi~on, as shorn In t3c~ak 33 of plats. Pages 2054-2851,
Ada Caunty~ Relxsrds, +~ilhin Taavernmen! tat 3 of Stc#o~ 19. T. 3 f~i., ~. 1 E., f3.tw#., ,City of Merrciian, Ada
Gaunty, Idaho, create partieularfy described as fr~ltaws:
C~aernsr-tlt~ at a found alumirsum cap, rnarkirlg the W ila Darner of said Section 18;
Tfience Sauttt q°56'49" t+yesl, coincident wlda the west line otsaid Gavemeaient Lot 3 of $ectlon 79. a
distanr~ r9f 962.52 feed
Thence South B8°5f}'34° Sa~st 2x78.74 feattsx the Print oFBegi~niert$;
Thence continuiing South 89°59'34'rast, 126:42 feet
Thence South 89°34d'S6` East, 283.56 feet to the beginning clf a tangent curve;
Theroca 59.441 #~t afartg the arc df said curve io the left; with a certtraf .angle of 33°49'45". a radius of
f44-qq feet, subtended by a chord bearfrag North 71'22'2q` Fist, 36.19 febt
Thence Swath 3$•33'13" East, 54.23 feet;
Thenaa South d?'82'21"Test; 331'.33 feet to the south fin®a# said Governlvlar~t Lot 3;.
Thent~ North 69°59'01" West, coincident rhth said scutlt line et GavernmQn3 Lot 3, a dist~re~ ot+t52.4G
feel
Thence North q'S6'g9' hest. 3 t:B,2q feet;
Thtarace;Nonh 54°11'38" rest, 45.46 feet to dhe beginning Hof a Wort-tangent cvrrre;
Thanoe 341.?`7' abrtg the arc of said eunre to the right. with a centred angle of 39°50`42". a radius of 50: Qq
feet,. subtended by a chtard bearing Nortts 19°33'Qq' West, 314.87 feet;
Thence North q°(t2'2t"Pas#_ id34.$1 feet to the Faint of 8~islniie~;
Tile above de5cribfld paraat contains 3.631 acres. mare Gr less.
7'ogeth~er witt'1 and subjtvcct to co+rertants, eslseme~tridiprly ofi record.
p:~0131~13g2,tAr;dGS PLACE .^stl~ - t)AW~
13.docar
nape IZ
REV 5-22-
Jack's Place Subdivision - AZ-13-006 & PP-13-010 PAGE 26
EXHIBIT A
'' ~t!,r
~ '~i ` r r4 _
r ,; , ~` ~
~~ ~~.N C rc.~
i . ,ter ~~ a 41'~
fir., ~ f, ,~
~i~a ~ ~ ,~
~... ~'.,F ~~.~ ,f
l~
4
1;~Uij y. ~ ~~~~...
~I~~f1 )~alr~V~t ~3ft~-il.~
~~,
Jack's Place Subdivision - AZ-13-006 & PP-13-010 PAGE 27
EXHIBIT A
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 L-O and R-8 zoning districts. The Council finds that the proposed map
amendment is generally consistent with the Office and MDR designations for this site.
Therefore, 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 L-O and R-8 zoning districts is
consistent with the purpose statements for those districts as detailed in Section VIII above.
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. The
Council considered all oral or written testimony 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 including, 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-SB-3.E).
The Council finds annexing this property with L-O and R-8 zoning districts is in the best
interest of the City if the applicant enters into a development agreement.
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 and is consistent with this
Unified Development Code;
The Council finds that the proposed plat is in substantial compliance with the adopted
Comprehensive Plan in regard to land use, transportation, and circulation.
b. Public services are available or can be made available and are adequate to
accommodate the proposed development;
The Council finds that public services are available and will continue to be provided to
the subject property. 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
Jack's Place Subdivision-AZ-13-006 & PP-13-010 PAGE 28
EXHIBIT A
City's capital improvement program;
Because water and sewer and any other utilities will be provided by the developer at their
own cost, the 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;
Some services are already being provided to the subject development. The Council finds
there is public financial capability of supporting and continuing services to this
development.
e. The development will not be detrimental to the public health, safety or general
welfare; and
The Commission is not aware of any health, safety, or environmental problems
associated with the platting of this property that should be brought to the Council's
attention. ACHD considers road safety issues in their analysis. The Council considered
all public testimony presented to determine whether or not the proposed subdivision may
cause health, safety or environmental problems of which Staff and Commission are
unaware.
f. The development preserves significant natural, scenic or historic features.
The Council finds there are no significant natural, scenic or historic features that will be
lost with development of the site.
Jack's Place Subdivision- AZ-13-006 & PP-13-010 PAGE 29