Sagewood Subdivision AZ 13-012ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 48
BOISE IDAHO 05/08/14 09:35 AM
DEPUTY Bonnie Oberbillig III I III I II I II III II I I'lllll l l ll'lII III
RECORDED -REQUEST OF
Meridian City 114034783
DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. Sagewood Overland, LLC, and Corona LLC, Owners/Developers
THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this U
day of --PAJ , 20 A by and between City of Meridian, a municipal corporation of the
State of Idaho, hereafter called CITY, and Sagewood Overland, LLC, whose address is 1735 W.
Millennium Way, Meridian, ID 83642, and Corona LLC, whose address is 1195 W. Overland
Road, Meridian, Idaho 83642, hereinafter called OWNERS/DEVELOPERS.
1. RECITALS:
1.1 WHEREAS, Owners/Developers are the sole owners, in law and/or
equity, of certain tract of land in the County of Ada, State of Idaho,
described in Exhibit "A" for each owner, which is attached hereto and by
this reference incorporated herein as if set forth in full, herein after
referred to as the Property; and
1.2 WHEREAS, Idaho Code § 67-6511A provides that cities may, by
ordinance, require or permit as a condition of re -zoning that the
Owners/Developers make a written commitment concerning the use or
development of the subject Property; and
1.3 WHEREAS, City has exercised its statutory authority by the enactment of
Section 11-513-3 of the Unified Development Code ("UDC"), which
authorizes development agreements upon the annexation and/or re -zoning
of land; and
1.4 WHEREAS, Owners/Developers have submitted an application for
annexation and re -zoning of the Property described in Exhibit "A",
requesting a designation L -O (Limited Office District) and R-8 (Medium
Density Residential District) under the UDC and generally describing how
the Property will be developed and what improvements will be made; and
1.5 WHEREAS, Owners/Developers made representations at the public
hearings both before the Meridian Planning & Zoning Commission and
before the Meridian City Council, as to how the subject Property will be
developed and what improvements will be made; and
DEVELOPMENT AGREEMENT - SAGEWOOD SUBDIVISION AZ -13-012 PAGE 1 OF 10
1.6 WHEREAS, the 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 December, 2013, the Meridian
City Council approved certain Findings of Fact and Conclusions of Law
and Decision and Order ("Findings"), which have been incorporated into
this Agreement; and
1.8 WHEREAS, the Findings require the Owners/Developers to enter into a
Development Agreement before the City Council takes final action on
annexation and zoning designation; and
1.9 WHEREAS, Owners/Developers deem it to be in their best interest to be
able to enter into this Agreement and acknowledges that this Agreement
was entered into voluntarily and at their urging and requests; and
1.10 WHEREAS, the Owner/Developer of approximately 45 residential units
and pursuant to the Plat on file and approved is Sagewood Overland, LLC,
and the Owner/Developer of the 1.9 acres of said Plat which is to be built
out in the future as office buildings is Corona LLC; and
1.11 WHEREAS, both Owners/Developers are desirous of insuring that the
liability and responsibility for the development of the Property shall run
with each Owner/Developer and each Owner/Developer will only be
responsible for any and all liabilities and duties relating to its portion of
the Development.
1.12 WHEREAS, City requires the Owners/Developers to enter into a
development agreement for the purpose of ensuring that the Property is
developed and the subsequent use of the Property is in accordance with the
terms and conditions of this Agreement, herein being established as a
result of evidence received by the City in the proceedings for zoning
designation from government subdivisions providing services within the
planning jurisdiction and from affected property owners and to ensure re-
zoning designation is in accordance with the amended Comprehensive
Plan of the City of Meridian on April 19, 2011, Resolution No. 11-784,
and the Zoning and Development Ordinances codified in Meridian Unified
Development Code, Title 11.
DEVELOPMENT AGREEMENT - SAGEWOOD SUBDIVISION AZ -13-012 PAGE 2 OF 10
NOW, THEREFORE, in consideration of the covenants and conditions set forth
herein, the parties agree as follows:
2. INCORPORATION OF RECITALS: That the above recitals are contractual and
binding and are incorporated herein as if set forth in full.
3. DEFINITIONS: For all purposes of this Agreement the following words, terms,
and phrases herein contained in this section shall be defined and interpreted as herein provided
for, unless the clear context of the presentation of the same requires otherwise:
3.1 CITY: means and refers to the City of Meridian, a party to this
Agreement, which is a municipal Corporation and government subdivision
of the state of Idaho, organized and existing by virtue of law of the State of
Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho
83642.
3.2 OWNERS/DEVELOPERS: means and refers to Sagewood Overland,
LLC, whose address is 1735 S. Millennium Way, Meridian, Idaho 83642
and Corona LLC, whose address is 1195 W. Overland Road, Meridian,
Idaho 83642, the parties that own and are developing said Property and
shall include any subsequent owner(s) or developer(s) of the Property.
3.3 PROPERTY and/or PROPERTIES: means and refers to that certain
parcel(s) of Property located in the County of Ada, City of Meridian as
described in Exhibit "A" describing the parcels to be re -zoned L -O
(Limited Office District) and R-8 (Medium Density Residential District)
attached hereto and by this reference incorporated herein as if set forth at
length. That portion of the Plat re -zoned as L -O consists of 1.9 acres and
is the responsibility of Owner/Developer Corona LLC and the real
property described on Exhibit "A" designated R-8 is the responsibility of
Owner/Developer Sagewood Overland, LLC.
4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the
right to develop the Property in accordance with the terms and conditions of this Agreement.
4.1 The uses allowed pursuant to this Agreement are only those uses allowed
under City's Zoning Ordinance codified at Meridian Unified Development
Code.
4.2 No change in the uses specified in this Agreement shall be allowed
without modification of this Agreement.
DEVELOPMENT AGREEMENT - SAGEWOOD SUBDIVISION AZ -13-012 PAGE 3 OF 10
5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT
PROPERTY:
5.1. Owner/Developer shall develop the Property in accordance with the following
special conditions:
A. Owners/Developers shall comply with the submitted home elevations, attached
hereto as Exhibit C.
B. Future development of the office lots shall comply with the submitted concept
plan attached hereto as Exhibit D, the design standards listed in UDC 11-3A-19
and the guidelines contained in the Meridian Design Manual.
C. A cross-access/ingress-egress easement shall be granted to the properties to the
west and the east (parcels S1224223106 and R2928160100) as shown on the
submitted concept plan. 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.
D. Sanitary sewer service for this development shall be from an extension of the
existing main stub in W. Overland Road adjacent to the Harden Drain. The master
planned routing traverses along the Harden Drain, across neighboring property
(parcel #S1224336106). The owners/developers will be responsible for the
acquisition of the necessary temporary construction easement and permanent
easements, as well as the construction of this off-site main.
E. This development shall connect to the existing domestic water main in W.
Overland Road at the intersection of S. Sagewood Avenue. The preliminary plat
also shows a future connection to the south into the future Meridian School
District Middle School parcel, and two other future connections to the parcel
adjacent to the west. Until such time as another water main connection can be
made or a second connection is made to the Overland Road main, this
development shall be restricted to the construction of no more than 25 lots, unless
this number of lots is increased in future action of the City Council.
F. The existing residential use located on Lot 1, Block 1 is a non -conforming use in
the L -O zoning district and shall be demolished upon redevelopment of the site.
The non -conforming use may continue as long as the existing home is owner
occupied and the property is sold in the future for commercial development
consistent with the approved office concept plan. The expansion or extension of
the non -conforming use shall be subject to the provisions listed in UDC 1 I -1B-4.
DEVELOPMENT AGREEMENT - SAGEWOOD SUBDIVISION AZ -13-012 PAGE 4 OF 10
6. DEFAULT/CONSENT TO DE -ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
6.1 Acts of Default. In the event that either of the Owners/Developers, or
Owners'/Developers' heirs, successors, assigns, or subsequent owners of
their respective 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.
6.2 Notice and Cure Period. In the event of either of the
Owners/Developers' default in the performance of their portion of this
Agreement, Owners/Developers shall have thirty (30) days from receipt of
written notice from City to initiate commencement of action to correct the
breach and cure the default, which action must be prosecuted with
diligence and completed within one hundred eighty (180) days; provided,
however, that in the case of any such default that cannot with diligence be
cured within such one hundred eighty (180) day period, then the time
allowed to cure such failure may be extended for such period as may be
necessary to complete the curing of the same with diligence and
continuity.
6.3 Remedies. In the event of default by Owners/Developers that is not cured
after notice as described in Section 7.2, Owners/Developers shall be
deemed to have consented to modification of this Agreement and de -
annexation and reversal of the zoning designations described herein, solely
against the offending portion of Property and upon City's compliance with
all applicable laws, ordinances and rules, including any applicable
provisions of Idaho Code §§ 67-6509 and 67-6511. Owners/Developers
reserves all rights to contest whether a default has occurred. This
Agreement shall be enforceable in the Fourth Judicial District Court in
Ada County by either City or Owners/Developers, or by any successor or
successors in title or by the assigns of the parties hereto. Enforcement may
be sought by an appropriate action at law or in equity to secure the specific
performance of the covenants, agreements, conditions, and obligations
contained herein.
6.4 Delay. In the event the performance of any covenant to be performed
hereunder by either Owners/Developers or City are delayed for causes that
are beyond the reasonable control of the party responsible for such
performance, which shall include, without limitation, acts of civil
disobedience, strikes or similar causes, the time for such performance shall
be extended by the amount of time of such delay.
DEVELOPMENT AGREEMENT - SAGEWOOD SUBDIVISION A2r13-012 PAGE 5 OF 10
6.5 Waiver. A waiver by City of any default by Owners/Developers of any
one or more of the covenants or conditions hereof shall apply solely to the
default and defaults waived and shall neither bar any other rights or
remedies of City nor apply to any subsequent default of any such or other
covenants and conditions.
7. INSPECTION: Owners/Developers shall, immediately upon completion of any
portion or the entirety of said development of the Property as required by this Agreement or by
City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and
written approval of such completed improvements or portion thereof in accordance with the terms
and conditions of this Agreement and all other ordinances of the City that apply to said Property.
8. REQUIREMENT FOR RECORDATION: City shall record either a
memorandum of this Agreement or this Agreement, including all of the Exhibits, and submit
proof of such recording to Owners/Developers, prior to the third reading of the Meridian Zoning
Ordinance in connection with the re -zoning of the Property by the City Council. If for any reason
after such recordation, the City Council fails to adopt the ordinance in connection with the
annexation and zoning of the Property contemplated hereby, the City shall execute and record an
appropriate instrument of release of this Agreement.
9. ZONING: City shall, following recordation of the duly approved Agreement,
enact a valid and binding ordinance zoning the Property as specified herein.
10. 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
Owners/Developers agree to provide, if required by the City.
11. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be
issued in any phase in which the improvements have not been installed, completed, and accepted
by the City.
12. ABIDE BY ALL CITY ORDINANCES: That Owners/Developers agree to
abide by all ordinances of the City of Meridian and the Property shall be subject to de -annexation
if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the
Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of
the City of Meridian.
13. 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:
DEVELOPMENT AGREEMENT - SAGEWOOD SUBDIVISION AZ -13-012 PAGE 6 OF 10
CITY:
City Clerk
City of Meridian
33 E. Broadway Ave.
Meridian, ID 83642
with copy to:
City Attorney
City of Meridian
33 E. Broadway Avenue
Meridian, ID 83642
OWNERS/DEVELOPERS:
Sagewood Overland, LLC
1735 S. Millennium Way
Meridian, Idaho 83642
Corona LLC
1195 W. Overland Road
Meridian, Idaho 83642
13.1 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.
14. ATTORNEY FEES: Should any litigation be commenced between the parties
hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other
relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of
competent jurisdiction. This provision shall be deemed to be a separate contract between the
parties and shall survive any default, termination or forfeiture of this Agreement.
15. 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.
16. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and
inure to the benefit of the parties' respective heirs, successors, assigns and personal
representatives, including City's corporate authorities and their successors in office. This
Agreement shall be binding on the Owners/Developers of the Property, each subsequent owner
and any other person acquiring an interest in the Property. Nothing herein shall in any way
prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation
shall be subject to the provisions hereof and any successor owner or owners shall be both
benefited and bound by the conditions and restrictions herein expressed. City agrees, upon
written request of Owners/Developers, to execute appropriate and recordable evidence of
termination of this Agreement if City, in its sole and reasonable discretion, had determined that
Owners/Developers have fully performed its obligations under this Agreement.
DEVELOPMENT AGREEMENT - SAGEWOOD SUBDIVISION AZ -13-012 PAGE 7 OF 10
17. 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.
18. DUTY TO ACT REASONABLY: Unless otherwise expressly provided, each
party shall act reasonably in giving any consent, approval, or taking any other action under this
Agreement.
19. FINAL AGREEMENT: This Agreement sets forth all promises, inducements,
agreements, condition and understandings between Owners/Developers and City relative to the
subject matter hereof, and there are no promises, agreements, conditions or understanding, either
oral or written, express or implied, between Owners/Developers and City, other than as are stated
herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or
addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and
signed by them or their successors in interest or their assigns, and pursuant, with respect to City,
to a duly adopted ordinance or resolution of City.
19.1 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.
20. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on
the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance
in connection with the annexation and zoning of the Property and execution of the Mayor and City
Clerk
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement and
made it effective as hereinabove provided.
OWNER/DEVELOPER:
S GEWOOD OVERLAND, LLC
,� �. -
By:
CORONA L
By: a er King
DEVELOPMENT AGREEMENT - SAGEWOOD SUBDIVISION AZ -13-012 PAGE 8 OF 10
ATTEST:
City Clerk
STATE OF IDAHO )
: ss
County of Ada
CITY OF MERIDIAN
By:
Mayor Ta6de Weerd
Cit
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AHO
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fy he TRE 1cdC'�V
On this G day of ��� , 20A, before me, a Notary
Public, personally appeared Tammy de Weerd dan 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.
g1,••••••
(SEAL) ; •CAJOS•••
��g,, OS `�
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tary Public for Idaho
Residing at: Ocrk(A
Commission expires: IDC)DO
DEVELOPMENT AGREEMENT - SAGEWOOD SUBDIVISION AZ -13-012 PAGE 9 OF 10
STATE OF IDAHO,
): ss /�
County of Ada, ) 4✓J`� _
On this��' �` day of , 2014, before me, the undersigned, a
Notary Public in and for said State, persona y appeared %�l fry- /�Qt��t-� M known or
identified to me to the / of Sagewood Overland, LLC who signed above and
acknowledged to me that he executed the same on behalf of said Corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year in this certificate first above written.
STATE OF IDAHO,
My Commission
): ss
County of Ada, ) th
On this A— day of h i , 2014, before me, the undersigned, a
Notary Public in and for said State, personally appeared Dexter King, known or identified to me
to a member of Corona LLC, who signed above and acknowledged to me that he executed the
same on behalf of said Corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year in this certificate first above written.
(SEAL) 6�n x, 0,'4�
Notary Public f Idah
KAREN L WEYBRIGHT4—'
Notary Public
Residing at:
Statc of Idaho My Commission Expires:
DEVELOPMENT AGREEMENT – SAGEWOOD SUBDIVISION AZ -13-012 PAGE 10 OF 10
Legal Description
EXHIBIT A
DFSCRIP7•ION FOR I, -O ZONE
PROPOSED SAGEWOOD SUBDIVISION
August 13, 2013
A parcel of land located in the NW'/, of Section 24,T. 3 N., It 1 W., B.M., Ada County, Idaho,
more particularly described as ibllows:
Commencing at the N'/. corner of the said Section 24, from which the NW corner of said
section bears North 89°07'22" West, 2655.691'ect; thence along the north boundary of the NW'A of
said section North 89°07'22" West, 677.82 feet to a point on the prolongation of the westerly boundary
of Frecdomworks Subdivision, as shown in Book 103 of Plats on Page 13910, records of Ada County,
Idaho, Clic POINT OF BEGINNING;
Thence along said westerly boundary and prolongation thereof South 00°41'28" West, 337.43
feet;
'-hence North 89°00'00" West, 648.76 feet;
Thence North 00°54'09" East, 7.31 feet;
-hence North 00028'27" Gast, 328.74 feet to a 5/8 inch diameter iron pin on the north boundary
of the NW'/. of said Section 24;
Thence along said north boundary South 89007'22" East, 649.97 feet the POINT OF
BEGINNING. Containing 5.02 acres, morn or less.
120726-".des.docx
Sagewood Subdivision— AZ -13-012
EXHIBIT A
August 13, 2013
DESCIUPTION FOR 12-8 ZONE
PROPOSED SAGEWOOD SUBDIVISION
A parcel of land located in the NW �/4 of Section 24, T. 3 N., R I W., B.M., Ada County, Idaho,
more particularly described as follows:
Commencing at the N % corner of the said Section 24, from which the NW coroner of said
section bears Nortl189°07'22" West, 2655.69 feet; thence along the nortil boundary of the NW '/, of
said section North 89°07'22" West, 677.82 feet to a Out on the prolongation of the westerly boundary
of Freedomworks Subdivision, as shown in hook 103 of Plats on Page 13910, records of Ada County,
Idaho; thence leaving said north boundary and along said westerly boundary and prolongation thereof
South 00°41'28" West, 337.43 feet to the POINT OF BEGINNING;
Thence continuing South 00°41'28" West along said westerly boundary and prolongation
thereof 763.50 feet to it 5/8 inch diameter iron pin;
Thence Nortli 88013'33" West, 186.95 feet to a.5/8 inch diameter iron pin;
Thence North 87056'1 Sr' West, 464.74 feet to a point being witnessed by a 5/8 inch diameter
iron pin that bears South 87°56' 19" East, 3.00 feet;
Tlience North 00054'09" Fast, 752.35 feet;
Tlienee South 89°00'00" [last, 648.76 feet to the POINT OF BEGINNING. Containing 11.32
acres, more or less.
120726-R-8.dcs.docx
Sagewood Subdivision— AZ -13-012
CITY OF MERIDIAN E IDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW �.'�
AND
DECISION & ORDER
In the Matter of the Request for Annexation of 16.34 Acres with the L -O (5.02 Acres) and R-8
(11.32 Acres) Zoning Districts AND Preliminary Plat Consisting of Two (2) Office Lots, Forty-five
(45) Single -Family Residential Building Lots and Eight (8) Common Lots on 15.62 Acres for
Sagewood Subdivision, Located on the South side of N. Meridian Road; Approximately 650 feet
West of S. Stoddard Road, by Sagewood Overland LLC.
Case No(s). AZ -13-012; PP -13-026
For the City Council Hearing Date of. November 19, 2013 (Findings on December 3, 2013)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of November 19, 2013, incorporated
by reference)
2. Process Facts (see attached Staff Report for the hearing date of November 19, 2013, incorporated
by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of November 19,
2013, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of November 19, 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 (I.C. §67-6503).
2. The Meridian City Council takes judicial notice of its Unified Development Code codified at
Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by
ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of
Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A.
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 -13-012 & PP -13-026
-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 November 19, 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 § 11-5A and based upon
the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that:
1. The applicant's request for annexation and preliminary plat is hereby approved per the
conditions of approval in the attached Staff Report for the hearing date of November 19, 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 11-613-7A).
In the event that the development of the preliminary plat is made in successive phases in an
orderly and reasonable manner, and conforms substantially to the approved preliminary plat,
such segments, if submitted within successive intervals of two (2) years, may be considered for
final approval without resubmission for preliminary plat approval (UDC 11-0-713).
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 11-513-31)).
A modification to the development agreement may be initiated prior to signature of the
agreement by all parties and/or may be requested to extend the time allowed for the agreement
to be signed and returned to the City if filed prior to the end of the two (2) year approval period
(UDC 11-513-3F).
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ -13-012 & PP -13-026
-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 November 19, 2013
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ -13-012 & PP -13-026
-3-
By action of the City Council at its regular meeting held on theday of2-
2013.
COUNCIL PRESIDENT BRAD HOAGLUN
COUNCIL VICE PRESIDENT CHARLIE ROUNTREE
COUNCIL MEMBER DAVID ZAREMBA
COUNCIL MEMBER KEITH BIRD
MAYOR TAMMY de WEERD
(TIE BREAKER)
Attest:
City Clerk
Copy served upon Applicant, The Planninglye
B�6-0
Ci� lerk's Of ce
W
VOTED
VOTED.
VOTED
VOTED_�"—
VOTED
Public Works Department and City Attorney.
Dated: 1 a l 4 � aol l—
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ -13-012 & PP -13-026
-4-
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Copy served upon Applicant, The Planninglye
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Ci� lerk's Of ce
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VOTED
VOTED.
VOTED
VOTED_�"—
VOTED
Public Works Department and City Attorney.
Dated: 1 a l 4 � aol l—
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ -13-012 & PP -13-026
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EXHIBIT A
STAFF REPORT
Hearing Date: November 19, 2013
E IDIAN'
TO: Mayor and City Council ;
FROM: Bill Parsons, Associate City Planner
208-884-5533
Bruce Freckleton, Development Services Manager
208-887-2211
SUBJECT: Sagewood Subdivision — AZ -13-012 and PP -13-026
I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant has applied for annexation and zoning (AZ) of 16.34 acres of land from RUT and R1 in
Ada County to the L -O (Limited Office)(5.02 acres) and R-8 (Medium Density Residential)(I 1.32
acres) zoning districts. A preliminary plat (PP) is also proposed consisting of two (2) office lots,
forty-five (45) single-family detached residential building lots and eight (8) common lots on
approximately 15.62 acres of land in the proposed L -O and R-8 zoning districts. See Section IX of the
staff report for more information.
II. 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 October 17 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: Becky McKay
ii. In opposition: None
iii. Commenting: None
iv. Written testimony: Becky McKay
v. Staff presenting application: Bill Parsons
vi. Other staff commenting on application: None
b. Key Issues) of Discussion by Commission:
i. None
c. Key Commission Change(s) to Staff Recommendation (See Exhibit B)
i. Commission modified DA provision E to reflect the changes in the Public Works
condition of approval 2.1.2
ii. Commission modified conditions 1.2.1 bullet #3 to allow the existing home (non
conforming use) to remain on the office Lot 1 Block 1 on redevelopment
iii. Commission modified Public Works conditions of aPDroval 2.1.2,2-.1.3 and 2.1.4 based
on the memo prepared by Bruce Freckleton and written comments provided by the
applicant; agreed upon by the Land Development Division
d. Outstanding Issues) for City -Council:
i. The applicant is seeking Council's to approval to reduce the required 20 foot wide
landscape buffer width alone the west boundary as depicted on the concept plan (Lot 1
Block 1). Staff is supportive of the applicant's request
Sagewood Subdivision — AZ -13-012 & PP -13-026 PAGE 1
EXHIBIT A
ii. Allowing the existing home (non -conforming= use) to remain on Lot 1 Block 1 until the
property redevelops. The Commission has forwarded on a recommendation that the
home remain until the property redevelops
The Meridian City o uncil h aryl these items on November 19 2013, At the public hearing,
Council approved the subject AZ and PP request.
.ate Summall of CRY Council Public Haring;
.L In favor: Becky McKay
& In opposition: None
1i1. Commenting• Dexter Kin
iy, Written testimony: None
Staff presenting application: Bill Parsons.
YL Other staff commenting on application: Kyle Radek and Bill Nary
L_ Key Issues of Discussion by -Council:
L Restriction on the number of lots d .velonin prior to the connection of a secondary
water source.
& ExialinaxgAdenfial use remaining on Lot, Block 1 until r .d v lopm nt
s.Key Council Changes to S aff/Commissian 7?ernmm_ endation(see Exh
I. Council added a DA nrovi ion F and modified condition of approval 1.2.1, bullet # .
lowing the existing home to remain on Lot 1. Block 1 until redmlopment nrovid d
the home is owner occupied and the prop rtv is sold in the future for commercia
development.
& Council approved the reduced buffer width along the west boundary of Lotl. Block 1 as
depicted on the proposed oncept plan
U At the public hearing. Public Works testffified that a second connection to the wat r mai
Overland Road would 1prov*de the redundant water source o c ry the
development. DA provision F, and condition of approval 2.1.2 were modified to -reflect
e public testimony.
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Numbers AZ -13-
012 and PP -13-026, as presented in the staff report for the hearing date of November 19, 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 -13-012
and PP -13-026, as presented during the hearing on November 19, 2013, for the following reasons:
(You should state specific reasons for denial)
Continuance
I move to continue File Numbers AZ -13-012 and PP -13-026 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 #'s: S1224212601, S1224212720 and S1224212805)
The site is located on the south side of W. Overland Road; approximately 650 feet west of S.
Stoddard Road in the northwest'/4 of Section 24, Township 3 North, Range l West.
B. Applicant/Owner(s):
Sagewood Overland, LLC Dexter King
Sagewood Subdivision— AZ -13-012 & PP -13-026 PAGE 2
EXHIBIT A
1735 S. Millennium Way 1195 W. Overland Road
Meridian, ID 83642 Meridian, ID 83642
C. Representative:
Becky McKay, Engineering Solutions, LLP
1029 N. Rosario Street, Suite # 100
Meridian, Idaho 83642
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
Meridian City Code Title 11, Chapter 5.
B. Newspaper notifications published on: September 30, and October 14, 2013(Commission);
October 28, and November 11, 2013 (Council)
C. Notices mailed to property owners within 300 feet on: September 26, 2013(Commission);
October 24, 2013 (Council)
D. Applicant posted notice on site(s) on: October 4, 2013 (Commission); November 8, 2013
Council
VL LAND USE
A. Existing Land Use(s): The properties are developed with county residences and several
outbuildings which will be removed with the development of the property.
B. Character of Surrounding Area and Adjacent Land Use and Zoning:
North: Vacant commercial property, zoned C -G
South: Agriculture and Idaho Power substation, zoned RUT (Ada County)
East: Developed commercial property and Idaho Power substation, zoned C -G and RUT (Ada
County)
West: Single family residences, zoned R-2 and RUT (Ada County)
C. History of Previous Actions: The King property had a pending annexation application (AZ -11-
003) with the City. The request was withdrawn prior to Council approving the annexation request.
D. Utilities:
a. Location of sewer: Sanitary sewer intended to serve the subject development must
traverse along the Harden Drain, across a neighboring property. The applicant will be
responsible for the acquisition of the necessary temporary construction easement and
permanent easements, as well as the construction of this off-site main.
b. Location of water: A water main intended to provide service to the subject development
exists at the intersection of the proposed road connection to Overland road.
c. Issues or concerns: Failure to obtain the necessary easements for the construction of the
sanitary sewer would essentially render this development unviable. This development as
proposed only connects to one existing water main, and therefore a restriction will be
imposed to limit the construction of no more than 25 lots until a second water main
Sagewood Subdivision— AZ -13-012 & PP -13-026 PAGE 3
EXHIBIT A
connection can be accomplished, unless this number of lots is increased in the future by
action of the City Council.
E. Physical Features:
Canals/Ditches Irrigation: The Hardin Drain bisects the property and will be tiled with the
development of the property.
2. Hazards: Staff is not aware of any hazards that may exist on the property.
3. Flood Plain: This property does not lie within the floodplain or flood way.
VII. COMPREHENSIVE PLAN POLICIES AND GOALS
This property is designated Medium Density Residential (MDR) on the Comprehensive Plan Future
Land Use Map (FLUM). The MDR designation allows smaller lots for residential purposes within
City limits. Uses typically include single family homes at densities of 3 to 8 dwelling units per acre.
The proposed preliminary plat includes two (2) office lots and forty-five (45) single-family lots on
approximately 15.62 acres. The residential portion of the development (11.32 acres) has a gross
density of 3.97 units to the acre consistent with both MDR land use designation and UDC density
requirements of the requested R-8 zone.
In conjunction with the proposed residential development, the applicant is proposing to develop a
neighborhood office park to buffer the residential use from W. Overland Road and the adjacent
commercial develop to the east and north. The property to the east is designated Mixed -Use
Neighborhood. Although this property is not specifically designated as mixed use, the adjacent land
use can be used to support the requested office and residential development. Specifically, the mixed
use designation requires a minimum of three different land uses. The property to the east is developed
with a self -storage facility, a commercial building and 2.5 acres of undeveloped commercial property
that may develop with more intense commercial uses. The proposed development will add a
neighborhood office component and a residential component to the area to enhance the mixed use
neighborhood concept. Staff finds the requested L -O zone and proposed development to be consistent
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.
(6.02.01B)
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 92. 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 Community Development
Department, the Meridian Public Works Department, the Meridian Wastewater Department,
Meridian Utility Billing Services, and Republic Services.
Sagewood Subdivision — AZ -13-012 & PP -13-026 PAGE 4
EXHIBIT A
Require usable open space to be incorporated into new residential subdivision plats. (3.07.02A)
The proposed development depicts a 1.12 acre park with a covered picnic area internal to the
development consistent with this goal.
• Provide a walkable community through good design (2.01.0IA).
An internal walkway is proposed within the park that links the residential portion of the
development with the office park and a micropath lot is proposed to a future school to the south.
• 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 (3.07.01 E).
The surrounding Bear Creek Subdivision (East) and the newly platted Fall Creek Subdivision
(south) have and will develop with a mix of larger single family lots with slightly lower gross
densities. Staff finds the proposed medium density residential development will contribute to 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 (3.01.01 F).
City services must be extended by the developer. The sewer extension is predicated on the
applicant obtaining a sewer easement from the property to the west. Further, the number of
homes constructed within the development may be limited due to the inability to provide a looped
water system within the development until adjacent properties develop in the future. The
applicant is aware of these issues and will continue to coordinate with the Public Works
Department.
• Require common area in all subdivisions. (3.07.02F)
The applicant is required to provide a minimum of 10% qualified open space for the residential
portion of the development in accord UDC 11-3G-3. The plat depicts 14.2% (or 1.61 acres) of
qualified open space in compliance with this requirement. The majority of the open space consists
of 8 foot wide parkways and a 1.12 acre park.
• Require appropriate landscaping and buffers along transportation corridors (setbacks, vegetation,
low walls, beans, etc.) (3.06.02F).
Street buffer landscaping is required adjacent to W Overland Road and S. Sagewood Avenue 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 the 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 (3.03.03C).
The main entrance into the development is from W. Overland Road via S. Sagewood Avenue. For
fuiture connectivity, the applicant is proposing two (2) stub streets along the west boundary of the
property and cross access is also being provided to the property to the west and east for fuiture
connectivity in the office park. Stafffinds the applicant is complying with the access standards set
forth in UDC 11-3A-3.
• Require screening and buffering of commercial and industrial properties to residential use with
transitional zoning (3.06.01G).
As mentioned earlier, the applicant envisions this develop being an extension of the mixed use
development to the east. The residential portion of the development is adjacent to a se f storage
Sagewood Subdivision — AZ -13-012 & PP -13-026 PAGE 5
EXHIBIT A
facility which is enclosed by metal structures. The office park is proposed to provide a transition
between W. Overland Road and the commercial property to the east.
• 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).
See analysis above, bullet # 8.
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 l 1-2B-2 lists the principal permitted (P), accessory (A), conditional (C),
and prohibited (-) uses in the L -O zoning district. Table 11-2A-2 lists 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 11-213-3 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
Tables 11-213-3 and UDC l 1 -3B -7C for the L -O zoning district.
• Parking lot landscaping: All parking lot landscaping shall comply with the standards listed in
UDC 11-313-8C.
• Landscape buffers to residential uses shall comply with the standards listed in UDC Table l 1-
213-3 and UDC 11-313-9C.
• The proposed micropaths shall comply with the design standards in accord with UDC 1 l -3A-
8 and UDC 11-313-12.
• The open space and site amenity standards set forth in UDC 11-3G-3 apply to the
development of this property.
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 1 l -3C-6 for single-
family dwellings and UDC 11-3C-613 for the office park.
IX. ANALYSIS
Sagewood Subdivision—AZ-13-012 & PP -13-026 PAGE 6
■
EXHIBIT A
A. Analysis of Facts Leading to Staff Recommendation:
ANNEXATION (AZ) AND DEVELOPMENT AGREEMENT (DA) : The applicant has applied to annex
and zone 16.34 acres of land from the R 1 and RUT in Ada County to the L -O (Limited
Office)(5.02 acres) and R-8 (Medium Density Residential)(11.32 acres) zoning districts. As
discussed above in Section VII, the proposed zoning is consistent with the FLUM designations of
MDR and the adjacent MU -N.
A preliminary plat for a neighborhood office park and a single-family residential development is
also proposed with the annexation request.
The applicant has submitted a concept plan for the proposed office park. The submitted concept
plan depicts the pad layouts, building square footages and parking layout. The applicant is
proposing six (6) office buildings ranging in size from 6,280 square feet to 9,680 square feet.
Four (4) of the office buildings front along W. Overland Road and two (2) office buildings front
on S. Sagewood Avenue which screen the internal parking area from the abutting streets. The
internal parking has been designed to comply with the parking standards (130 stalls) in the UDC
and cross access is depicted to the properties to the west and the east consistent the UDC access
standards.
To ensure the site develops consistent with the comprehensive plan, the preliminary plat, the
office concept plan and conceptual building elevations, staff recommends a development
agreement (DA) as a provision of annexation in accord with the provisions included in Exhibit B.
PRELIMINARY PLAT (PP): The proposed preliminary plat consists of two (2) office lots, forty-
five (45) residential lots and eight (8) common lots on approximately 15.62 acres of land in the
proposed L -O and R-8 zoning districts. The proposed gross density for the residential portion of
the subdivision of 3.97 dwelling units per acre is consistent with the proposed R-8 zoning district.
The two (2) office lots are 1.91 acres and 2 acres in size respectively. The minimum proposed lot
size for the residential portion of the development is 5,500 square feet with an average lot size of
7,289 square feet.
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 25 -foot wide landscape buffer
is required adjacent to Overland Road, 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. Sagewood Avenue.
The submitted plat complies with the aforementioned dimensional standards. Future development
of these lots will be reviewed with the certificate of zoning compliance and design review
applications.
The 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 comport with the street frontage and minimum
lot size requirements of the R-8 zone.
Access: As mentioned above, the main entrance into the development will be from W. Overland
Road via S. Sagewood Drive. Both office lots will take access from this roadway. Two (2) stub
streets are proposed along the west boundary for future connectivity. Cross access is being
provided to the west and east properties adjacent to the office park in accord with the standards
set forth in UDC I1 -3A-3. Staff is supportive of the public street access and cross access
proposed with this development.
Sagewood Subdivision— AZ -13-012 & PP -13-026 PAGE 7
EXHIBITA
Existing Structures: As mentioned above, there are existing homes and several outbuildings that
will need to be removed prior to development of the office lots. The existing well and septic
systems must also be abandoned.
Landscaping: A landscape plan was submitted with this application as shown in Exhibit A.3.
The landscape plan depicts the required 25 -foot wide landscape buffer adjacent to Overland
Road, the 10 -foot wide landscape buffers adjacent to S. Sagewood Avenue. The street buffer
landscaping complies with the standards 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
landscape plan complies with the required buffer width along the south boundary however the
landscape plan does not depict the required 20 -foot wide landscape buffer along the west
boundary. The applicant can ask the Council to approve a reduced landscape buffer width along
the west boundary as depicted on the concept plan or increase the buffer width with the
development of the office lot (Lot 1, Block 1). The applicant should be advised that parking stalls
and drive aisles must be outside of the required landscape buffer. The landscape buffers are
required to be installed in accord with UDC 11-313-9C.
Open Space and Amenities: A minimum of 10% of the total land area of the site is required to
be provided for open space in accord with UDC 11 -3G -3A; the requirements for qualified open
space is defined in UDC 11 -3G -3B. The residential portion of the plat consists of approximately
11.32 acres; therefore, a minimum of 1.13 acres of qualified open space is required to be
provided. The qualifying open space for the residential portion totals approximately 1.61 acres (or
14.2%) which exceeds the 10 percent required by the UDC. The qualifying open space for the
residential portion of the development consists of 8 -foot wide parkways, a micropath lot and a
1.12 acre park.
In accord with UDC 11 -3G -3A.2, a minimum of one (1) site amenity consisting of the following:
quality of life, recreation, and pedestrian or bicycle circulation system amenities are required to
be provided with this development in accord with UDC 11 -3G -3C. The applicant is proposing an
internal pedestrian pathway through pocket park and a micropath to the school district property to
the south. A covered picnic area is proposed as an amenity within the park. With the final plat
submittal, the applicant must provide a detail of the proposed covered picnic shelter.
Staff finds the proposed subdivision complies with the open space and site amenity standards of
the UDC.
Parkways: The applicant is proposing 8 -foot wide parkways adjacent to the internal local streets
and 8 -foot wide center medians in S. Sagewood Avenue. Both the parkways and the center
medians must comply with the standards set forth in UDC 11-3A-17 and UDC 11 -3B -7C. The
applicant must enter into a license agreement with ACHD for the proposed improvements within
the right-of-way.
Sidewalks: Sidewalks are required along all public streets. A 7 -foot wide attached sidewalk
exists along W. Overland Road and was installed with the widening of Overland Road. Therefore,
staff is not requiring a detached 5 -foot sidewalk adjacent to W. Overland Road. Further, the
Master Pathways plan calls for a 10 -foot pathway adjacent to W. Overland Road. Since the
sidewalk exists and is fairly new and a bike lane has been provided adjacent to the sidewalk, the
Parks Director has agreed to allow the existing sidewalk and bike lane to suffice for the required
pathway.
The applicant is proposing 5 -foot wide detached sidewalks along all of the internal streets. All
sidewalks constructed within the development must comply with UDC 11-3A-17.
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
Sagevvood Subdivision—AZ-13-012 & PP -13-026 PAGE 8
being subdivided shall be covered. The Hardin Drain bisects the property and will be piped with
the development of the site in accord with the UDC.
Idaho Power Easement: One of the office lots (Lot 1, Block 1) contains an existing Idaho Power
easement recorded as instrument #9061765 which could affect the construction of an office
building on the property. The applicant should coordinate with Idaho Power Company when
proposing to relinquish the easement. If this easement limits the placement of a structure on the
site, the applicant must provide written documentation from the Idaho Power Company approving
the easement relinquishment prior to the issuance of a building permit.
Existing Trees: The submitted landscape plan notes existing trees on the plan proposed for
removal. The applicant is responsible to mitigate 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 in accord with UDC 11-313-10. With the submittal of the
final plat, the applicant must 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, a single -
point connection to the culinary water system shall be required. If a single -point connection is
utilized, the developer will be responsible for the payment of assessments for the common areas
prior to signature on the 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 I 1-3A-15 and MCC 9-1-28.
Fencing: White vinyl fencing is proposed within the residential portion of the development and a
small portion along the west boundary of the office park. A majority of the fencing along the
common open space will be 4 -foot solid fencing. Where the residential lots abut the office park
(north) the applicant is proposing 6 -foot solid fencing. There is a segment of 6 -foot solid fencing
adjacent to the west boundary of Lot 7, Block lthat does not comply with the common lot fencing
regulations of the UDC (4 -foot solid or 6 -foot open vision fencing). With the final plat submittal,
the applicant must modify the fencing in accord with UDC 11-3A-7.
Building Elevations: The applicant has not provided any details of the proposed office buildings
for the site; however the future development of the proposed office park is required to comply
with the structure and site design standards set forth in the UDC as noted below. A recommended
provision of the development agreement requires compliance with these standards and the
submitted concept plan.
Conceptual building elevations were submitted for the homes in this development as shown in
Exhibit A.4. Staff is supportive of the proposed design features portrayed with the home
elevations. Design features include a mixture of wood and stucco siding, covered front porches,
gated entryways, pop -outs on the front facades, decorative corbels, window trim and varying roof
planes.
Although single family homes are not required to obtain design review approval, the Meridian
Design Manual encourages similar building materials and mix of materials be incorporated into
all sides of the future homes, specifically, for those facades that face a public street and common
open space. Future homes constructed within the subdivision must comply with the elevations
attached in Exhibit AA below.
Certificate of Zoning Compliance (CZC) and Design Review (DES): A CZC application is
required to be submitted prior to issuance of building permits for any of the office lots. The
applicant is required to obtain approval of a Design Review application for the proposed
Sagewood Subdivision— AZ -13-012 & PP -13-026 PAGE 9
EXHIBIT A
structures and site design for the commercial development. 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 Concept Plan (dated: 08/23/13)
3. Proposed Landscape Plan (dated: 08/09/13)
4. Proposed Conceptual Home Elevations
B. Conditions of Approval
C. Legal Description and Exhibit Map
D. Required Findings from Unified Development Code
SageNvood Subdivision— AZ -13-012 & PP -13-026 PAGE 10
EXHIBIT A
A. Drawings
1. Vicinity Map
■
Sagewood Subdivision — AZ -13-012 & PP -13-026 PAGE 11
EXHIBIT A
2. Proposed Preliminary Plat and Concept Plan (dated: 08/23/13)
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Sagewood Subdivision– AZ -13-012 & PP -13-026 PAGE 12
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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 annexation ordinance approval, a DA shall be entered into between the City of Meridian,
the property owner(s) at the time of annexation ordinance adoption, and the developer. Signature
of the DA is required prior to submitting any final plat for review and approval. 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 approval. A fee of $303.00 shall be paid by the applicant to the City Clerk's office
prior to commencement of the DA. The DA shall, at minimum, incorporate the following
provisions:
A. The applicant shall comply with the submitted home elevations attached in Exhibit A.4.
B. Future development of the office lots shall comply with the submitted concept plan attached in
Exhibit A, the design standards listed in UDC 11-3A-19 and the guidelines contained in the
Meridian Design Manual.
C. A cross-access/ingress-egress easement shall be granted to the properties to the west and the
east (parcels S1224223106 and R2928160100) as shown on the submitted concept plan. 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.
D. Sanitary sewer service for this development shall be from an extension of the existing main
stub in W. Overland Road adjacent to the Hardin Drain. The master planned routing traverses
along the Harden Drain, across a neighboring property (parcel # S1224223106). The applicant
will be responsible for the acquisition of the necessary temporary construction easement and
permanent easements, as well as the construction of this off-site main.
E. This development shall connect to the existing domestic water main in W. Overland Road at
the intersection of S. Sagewood Avenue. The preliminary plat also shows a future connection
to the south into the future Meridian School District Middle School parcel, and two other
future connections to the parcel adjacent to the west. Until such time as another water main
connection can be made or a second connection is made to the Overland Road main, this
development shall be restricted to the construction of no more than 25 lots, unless this number
of lots is increased in the future by action of the City Council.
F. The existing residential use located on Lot 1, Block lis a non-gonfonnina ince in the L-0
z rang district and shall be demolished upon redevelopment of the site The non -conform -in
Liu ay continue as long as the existing home is owner occupied and the nronPrty is sold in
the future for commercial development consistent with theapproved office ron_cPnr „Ian The
expansion or extension of the non- . nforming u e shall be s ibiect to the provisions listed inv
UDC 11-1B-4.
1.2 Site Specific Conditions of Approval
1.2.1 The preliminary plat prepared by Engineering Solutions, dated 08/23/13, 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 to parcels S1224223106 and
R2928160100.
Sagewood Subdivision— AZ -13-012 & PP -13-026 PAGE 15
EXHIBIT A
• Place a note on the face of the final plat prohibiting direct lot access to Overland Road.
• Prior to the City Engineer's signature on the final plat, the existing structures on Lot 1,
Block 2 (easterly office lot) shall be removed and all existing wells and septic systems
abandoned. Prior to ^ ^,,..qac the redevelopment
of Lot 1, Block I (westerly office lot) the existing structures shall be removed and the
existing well and septic system abandoned
• Lot 1, Block 1 contains an existing Idaho Power easement recorded as instrument
#9061765 which may affect the construction of an office building on the property. If this
easement limits the placement of a structure on the site, the applicant must provide
written documentation from the Idaho Power Company approving the easement
relinquishment prior to the issuance of a building permit.
1.2.2 The landscape plan, prepared by South Landscape Architecture, dated 08/09/13, shall be revised
as follows:
• Construct a 25 -foot wide landscape buffer adjacent to W. Overland Road as proposed.
• Construct the landscape buffers and center medians in S. Sagewood Avenue right-of-way
(ROW) as proposed. The applicant shall enter into a license agreement with ACHD for
the landscape improvements within the ROW.
• Construct the landscape buffers adjacent to the south boundary of Lotl, Block 1 and Lot
1, Block 2 as proposed. Construct a 20 -foot wide landscape buffer adjacent to the west
boundary of Lot 1, Block I in accord with UDC Tablell-2B-3 OR seek the City
Council's approval to reduce the landscape buffer width along the west boundary as
shown on the submitted concept plan (10 -feet for the parking area and 15 -feet to the
office building). All of the landscape buffers are required to be installed in accord with
UDC l 1 -3B -9C. Eor clarification Council approved the reduced buffer as depic ed on the
submitted concent plan
• The proposed micropaths (Lot 17, Block 2 and Lot 9, Block 3) shall be designed in
accord with UDC 11-3A-8 and UDC 11-3B-12.
• Per UDC I1-313-10, 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.
• The applicant shall comply with proposed open space and site amenities represented on
the submitted landscape plan attached in Exhibit A.3. Details of the covered picnic area
proposed for Lot 9, Block 3 shall be provided with a final plat application.
• 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 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.
1.2.4 Comply with all ACHD conditions of approval.
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.
SageNvood Subdivision — AZ -13-012 & PP -13-026 PAGE 16
EXHIBIT A
1.3.2 Comply with all provisions of UDC l 1-3A-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 11-313-5J.
1.3.7 Construct all off-street parking areas consistent with the standards as set forth in UDC 11-3C-6
for single-family dwellings and UDC 11-3C-613 for the office park.
1.3.8 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.
1.3.9 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle.
1.3.10 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 l l -313-6 and to install and maintain all landscaping as set forth
in UDC 11-313-5, UDC 11-313-13 and UDC 11-313-14.
1.4.2 All common open space shall be maintained by an owner's association as set forth in UDC l I -
3G -3F1.
1.4.3 The project is subject to all current City of Meridian ordinances.
1.4.4 The applicant and/or property owner shall have an ongoing obligation to prune all trees to a
minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the
area.
1.4.5 The applicant has a continuing obligation to comply with the outdoor lighting provisions as set
forth in UDC 11-3A-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 I I -
3A-3.
1.5 Process Conditions of Approval
1.5.1 No signs are approved with this application. Prior to installing any signs on the property, the
applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3
Article D and receive approval for such signs.
1.5.2 The applicant shall complete all improvements related to public life, safety, and health as set forth
in UDC 11 -5C -3B. A surety agreement may be accepted for other improvements in accord with
UDC 11 -5C -3C.
1.5.3 The final plat, and any phase thereof, shall substantially comply with the approved preliminary
plat as set forth in UDC 11 -6B -3C2.
Sagewood Subdivision— AZ -13-012 & PP -13-026 PAGE 17
EXHIBIT A
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-
713.
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 11-613-7.
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 11-313-14A.
2. PUBLIC WORKS DEPARTMENT
2.1 Site Specific Conditions of Approval
2.1.1 Sanitary sewer service for this development shall be from an extension of the existing main stub
in W. Overland Road adjacent to the Hardin Drain. The master planned routing traverses along
the Harden Drain, across a neighboring property. The applicant will be responsible for the
acquisition of the necessary temporary construction easement and permanent easements, as well
as the construction of this off-site main. Failure to obtain the necessary easements for the
construction of the sanitary sewer essentially renders this development unviable.
2.1.2 This development shall connect to the existing domestic water main in W. Overland Road at the
intersection of S. Sagewood Avenue. The preliminary plat also shows a future connection to the
south into the future Meridian School District Middle School parcel, and two other future
connections to the parcel adjacent to the west. Until such time as another water main connection
can be made ora second connection is made to the Overland Road main, this development shall
be restricted to the construction of no more than 25 lots, unless this number of lots is increased in
the future by action of the City Council.
Alternatively, the applicant may enter into non -build agreement with the City of Meridian on the
number of lots beyond the above restriction The non -build agreement shall be recorded into Ada
County Records. A note shall be added to the face of the plat so that future lot buyers will be
noticed, and a reference to said note shall be added to each affected lot
2.1.3 Due to the elevation differentials in this development, the applicant shall be required to submit an
engineered master grading and drainage plan for approval by the Community Development
Department. This plan shall establish, at a minimum; the finish flee_ elevation f h bail 1'
let- the finish grade elevations of the rear lot corners. the d:ai nage f ��,... New.a' t,
6"
building i9ad. the dra}nage pattccvs of the ll bleeks. d aRy�peeiai swat su suFfage
The engineer will evaluate if rear yard drains are necessary and provide the drainage features
necessary to control and maintain storm water drainage. Applicant's engineer shall consult the
2009 International Residential Code when establishing the finish floor elevations and drainage
patterns away from the building pads.
2.1.4 With the application for a building permit
tiftished Neef ele,,ati n the home builder shall submit plans consistent with the approved master
grading and drainage plan for the subdivision. If deviations from the approved master grading and
drainage plan are proposed, they must be submitted and approved by the Community
Development Department prior to the issuance of a building permit. Any such revision proposal
shall be accompanied by a written authorization from the Developer to allow a revision to the
master lot grading plan.
2.2 General Conditions of Approval
2.2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works
Department, and execute standard forms of easements for any mains that are required to provide
Sagewood Subdivision — AZ -13-012 & PP -13-026 PAGE 17
EXHIBIT A
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.
2.2.2 Per Meridian City Code, the applicant shall be responsible to install sewer and water mains to and
through this development.
2.2.3 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, a single -point
connection to the culinary water system shall be required. If a single -point connection is utilized,
the developer will be responsible for the payment of assessments for the common areas prior to
development plan approval.
2.2.4 Any existing structures that are required to be removed shall be removed prior to signature on the
final plat by the City Engineer.
2.2.5 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 l l -3A-6.
Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association
(ditch owners), with written approval or non -approval submitted to the Public Works Department.
If lateral users association approval can't be obtained, alternate plans shall be reviewed and
approved by the Meridian City Engineer prior to final plat signature.
2.2.6 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.
2.2.7 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.
2.2.8 Street signs are to be in place, water and sewer 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.
2.2.9 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.
2.2.10 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.
2.2.11 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.
2.2.12 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.
2.2.13 Applicant shall be responsible for application and compliance with any Section 404 Permitting
that may be required by the Army Corps of Engineers.
2.2.14 Developer shall coordinate mailbox locations with the Meridian Post Office.
Sagewood Subdivision— AZ -13-012 & PP -13-026 PAGE 18
EXHIBIT A
2.2.15 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.
2.2.16 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.
2.2.17 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 ACRD. The design engineer shall provide certification that the facilities have been installed in
accordance with the approved design plans. This certification will be required before a certificate
of occupancy is issued for any structures within the project.
2.2.18 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.
2.2.19 100 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
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.
2.2.20 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.
2.2.22 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 years. This surety will be verified by a line item cost estimate provided by the
owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash
deposit or bond. Please contact Land Development Service for more information at 887-2211.
2.2.23 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.
2.2.24 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 The Police Department has no concerns related to this application.
Sagewood Subdivision— AZ -13-012 & PP -13-026 PAGE 19
EXHIBIT A
4. FIRE DEPARTMENT
4.1 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
503.1.1.4.3
4.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department in accordance
with International Fire Code Section (IFC) 508.5.4 as follows:
a. Fire hydrants shall have the 4'h" outlet face the main street or parking lot drive aisle.
b. Fire hydrants shall not face a street which does not have addresses on it.
c. Fire hydrant markers shall be provided per Public Works specifications.
d. Fire Hydrants shall be placed on corners when spacing permits.
e. Fire hydrants shall not have any vertical obstructions to outlets within 10'.
f. Fire hydrants shall be placed 18" above finished grade to the center of the 4 %" outlets.
g. Fire hydrants shall be provided to meet the requirements of IFC Section 509.5.
h. Show all proposed or existing hydrants for all new construction or additions to existing
buildings within 1,000 feet of the project.
4.3 The first digit of the Apartment/Office Suite shall correspond to the floor level as set forth in
International Fire Code Section 505.1.
4.4 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.
4.5 The applicant shall work with Public Works and Planning Department staff to provide an address
identification plan and a sign which meets the requirements of the City of Meridian sign ordinance
and is placed in a position that is plainly legible and visible from the street or road fronting the
property, as set forth in International Fire Code Section 505.1.
4.6 Provide a Knox box entry system for the complex prior to occupancy as set forth in International
Fire Code Section 506.
4.7 Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set forth
in International Fire Code Section 304.1.2.
4.8 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.
4.9 Operational fire hydrants, temporary or permanent street signs, and access roads with an all-weather
surface are required to be installed before combustible construction material is brought onto the site,
as set forth in International Fire Code Section (IFC) 501.4 and Meridian amendment to IFC 10-4-2J.
4.10 Maintain a separation of 5' from the building to the dumpster enclosure as set forth in International
Fire Code Section 304.3.3.
4.11 COMMERCIAL AND INDUSTRIAL - Buildings or facilities exceeding 30 feet (9144mm) or
three stories in height shall have at least two means of fire apparatus access for each structure. The
access roads shall be placed a distance apart equal to not less than one half of the length of the overall
diagonal dimension of the property or area to be served, measured in a straight line as set forth in
International Fire Code Appendix D104.1.
5. REPUBLIC SERVICES
S.] Republic Services has no concerns related to the plat design submitted with the application.
Sagewood Subdivision — AZ -13-012 & PP -13-026 PAGE 20
EXHIBIT A
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 Dedicate 60 feet of right-of-way from the centerline of Overland Road abutting the site. The
District will provide compensation for additional right-of-way dedicated beyond the existing
right-of-way.
7.1.2 Correct deficiencies and replace deteriorated facilities on Overland Road, including sidewalk,
curb, gutter, driveways, pedestrian ramps, pavement repairs, etc.
7.1.3 Construct Sagewood Avenue as proposed, with two 21 foot wide travel lanes, a 10 foot wide
landscape median, vertical curb, gutter, 5 foot wide attached concrete sidewalk within 60 feet of
right-of-way. Provide permanent right-of-way easements for all public sidewalks placed outside
of the dedicated right-of-way on Sagewood Avenue. The easement shall encompass the entire
area between the right-of-way line and 2 feet behind the back edge of the sidewalk.
7.1.4 Construct all other internal local streets as 36 foot street sections with rolled curb, gutter, 8 foot
wide landscape buffers, 5 foot wide detached concrete sidewalk, and 50 feet of right-of-way.
Provide permanent right-of-way easements for all public sidewalks placed outside of the
dedicated right-of-way. The easement shall encompass the entire area between the right-of-way
line and 2 feet behind the back edge of the sidewalk.
7.1.5 Construct Sagewood Aveune to intersect Overland Road located approximately 410 feet west of
Tech Lane, as proposed.
7.1.6 Construct all internal local streets to provide a minimum offset of 125 feet.
7.1.7 Construct 2 streets to stub to the 5 acre parcel to the west, located approximately 130 feet and 610
feet north of the southwest corner of the site, as proposed.
7.1.8 Install a sign at the terminus of each stub street stating that, "THIS ROAD WILL BE
EXTENDED IN THE FUTURE."
7.1.9 Construct two 24 foot wide driveways onto Sagewood Avenue, located approximately 180 feet
south of Overland Road, as proposed, in alignment with one another.
7.110 Provide two vehicular connections from office lots (Block 1 & 2) as proposed. One 24 foot wide
drive should stub and provide cross access to the triangular lot, located west of the site, which is
1.46 acres in size. One 20 foot wide drive is proposed to provide cross access to the parking lot to
the east, which is on a 1.43 acre parcel.
7.1.11 Pave each driveway its entire width and at least 30 feet into the site beyond the edge of pavement.
7.1.12 Direct lot access to Overland Road, is prohibited and shall be noted on the final plat.
7.1.13 Payment of impacts fees are due prior to issuance of a building permit.
7.1.14 Comply with all Standard Conditions of Approval.
7.2 Standard Conditions of Approval
7.2.1 Any existing irrigation facilities shall be relocated outside of the ACHD right-of-way.
7.2.2 Private sewer or water systems are prohibited from being located within the ACHD right-
of-way.
Sagewood Subdivision— AZ -13-012 & PP -13-026 PAGE 21
EXHIBIT A
7.2.3 In accordance with District policy, 7203.3, the applicant may be required to update any
existing non-compliant pedestrian improvements abutting the site to meet current
Americans with Disabilities Act (ADA) requirements. The applicant's engineer should
provide documentation of ADA compliance to District Development Review staff for
review.
7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged
during the construction of the proposed development. Contact Construction Services at
387-6280 (with file number) for details.
7.2.5 A license agreement and compliance with the District's Tree Planter policy is required for
all landscaping proposed within 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, ACHD Planning Review will review the site
plan and may require additional improvements to the transportation system at that time. Any
change in the planned use of the property which is the subject of this application, shall require the
applicant to comply with ACHD Policy and Standard Conditions of Approval in place at that time
unless a waiver/variance of the requirements or other legal relief is granted by the ACHD
Commission.
Sagewood Subdivision —AZ -13-012 & PP -13-026 PAGE 22
EXHIBIT A
C. Legal Description and Exhibit Map
August 13, 2013
DESCRIPTION FOR I. -O ZONE
PROPOSED SAGEWOOD SUBDIVISION
A parcel of land located in the NW ''A of Section 24,T. 3 N., R 1 W., B.M., Ada County, Idaho,
more particularly described as follows:
Commencing at the N %, corner of the said Section 24, from which the NW corner of said
section bears North 891107'22" West, 2655.69 feet; thence along the north boundary of the NW % of
said section North 89°07'22" West, 677.82 feet to a point on the prolongation of the westerly boundary
of Freedomworks Subdivision, as shown in Book 103 of Plats on Page 13910, records of Ada County,
Idaho, the POINT OF BEGINNING;
Thence along said westerly boundary and prolongation thereof South 00°41'28" West, 337.43
feet;
Thence North 89100'00" West, 648.76 feet;
Thence North 00054'09" East, 7.31 feet;
Thence North 00128'27" East, 328.74 feet to a 5/8 inch diameter iron pin on the north boundary
of the NW '/4 of said Section 24;
Thence along said north boundary South 89°07'22" East, 649.97 feet the POINT OF
BEGINNING. Containing 5.02 acres, more or less.
120726-L-O.des.docx
Sagewood Subdivision— AZ -13-012 & PP -13-026 PAGE 23
EXHIBIT A
D. Required Findings from Unified Development Code
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 R1 and 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 MDR designation for this site and the commercial
and mixed use designations adjacent to the property. Therefore, the Council finds the
amendment is consistent with the applicable provisions of the Comprehensive Plan (see
section VII above).
b. The map amendment complies with the regulations outlined for the proposed district,
specifically the purpose statement;
The Council finds that the proposed map amendment to the 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. Staff
recommends that the Commission and Council consider any oral or written testimony that
may be provided when determining this finding.
d. The map amendment shall not result in an adverse impact upon the delivery of services
by any political subdivision providing public services within the City 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 11-511-3.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
Sagewood Subdivision — AZ -13-012 & PP -13-026 PAGE 26
EXHIBIT A
providers.
c. The plat is in conformance with scheduled public improvements in accord with the
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 for/to this
development.
e. The development will not be detrimental to the public health, safety or general
welfare; and
The Council was not made aware of any health, safety, or environmental problems
associated with the platting of this property. ACHD considers road safety issues in their
analysis. The Council considered all public testimony that was presented to determine
whether or not the proposed subdivision may cause health, safety or environmental
problems.
f. The development preserves significant natural, scenic or historic features.
The Council does not find there are any significant natural, scenic or historic features that
will be lost with development of the site.
Sagewood Subdivision— AZ -13-012 & PP -13-026 PAGE 27
EXHIBIT C
EXHIBIT D
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