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Z - Signed FindingsCITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-0129 - 1 - CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for Annexation and Zoning of 38.15 Acres of Land with an R-15 Zoning District; and Preliminary Plat consisting of (212) Single-Family Residential Building Lots, (1) Multi-Family Building Lot and (22) Common Lots on 35.67 Acres of Land in the R-15 Zoning District for Stapleton Subdivision, by Stapleton, LLC. Case No(s). H-2018-0129 For the City Council Hearing Date of: May 7, 2019 (Findings on May 21, 2019) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of May 7, 2019, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of May 7, 2019, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of May 7, 2019, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of May 7, 2019, 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. 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 Community Development Department, the Public Works Department and any affected party requesting notice. Meridian City Council Meeting Agenda May 21, 2019 – Page 160 of 576 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-0129 - 2 - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of May 7, 2019, 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 & zoning and preliminary plat is hereby approved with the requirement of a Development Agreement per the provisions in the Staff Report for the hearing date of May 7, 2019, attached as Exhibit A. 2. The City Council approved a modification to UDC 11-3H-4B.2 to allow a new access via SH- 69; and vacated the applicant’s request for a Variance due to the Idaho Transportation Department’s approval of the proposed access via SH-69 in accord with UDC 11-3H-3. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer’s signature on the final plat within two (2) years of the approval of the preliminary plat or the combined preliminary and final plat or short plat (UDC 11-6B-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two (2) years, may be considered for final approval without resubmission for preliminary plat approval (UDC 11-6B-7B). Upon written request and filed by the applicant prior to the termination of the period in accord with 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 Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development Meridian City Council Meeting Agenda May 21, 2019 – Page 161 of 576 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-0129 - 3 - agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s) and returned to the city within six (6) months of the city council granting the modification. 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 six (6) month approval period. 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 May 7, 2019. Meridian City Council Meeting Agenda May 21, 2019 – Page 162 of 576 By action of the City Council at its regular meeting held on the 21 ` day of Q , 2019. COUNCIL PRESIDENT JOE BORTON VOTED COUNCIL VICE PRESIDENT LUKE CAVENER VOTED�C,� COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED COUNCIL MEMBER TY PALMER VOTED \ COUNCIL MEMBER TREG BERNT VOTED—A p OTEDMCOUNCIL MEMBER GENESIS MILAM VOTED- MAYOR AYOR TAMMY de WEERD VOTED (TIE BREAKER) Mayor Tat!d eerd �P-�ED AUGUsr Attest: Q° 2 City of IDAHO Chri .SOU/ k,-4, SEAL Interim City �k� Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. By: 0Dated: Gj a' -, 49 City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-0129 -4- 5 4- 5 aoe4on EXHIBIT A Page 1 HEARING DATE: May 7, 2019 (Continued from April 2, 2019) TO: Mayor & City Council FROM: Sonya Allen, Associate Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: H-2018-0129 Stapleton Subdivision LOCATION: 4435 S. Meridian Road I. PROJECT DESCRIPTION NOTE: During the processing of this application, City staff had not receive ITD’s formal recommendation for the access to SH 69 and a variance application was submitted concurrently with the annexation and preliminary plat application. After the project was scheduled for the Commission hearing, the TIS submitted with the application corroborated the need for the access to SH 69 based on the trips generated by the proposed development. Further, the study confirmed the proposed access point would receive ITD approval. Based on this information, it has been determined by City staff that a variance application is no longer warranted however, the decision of the access is the City Council’s discretion in accord with UDC 11-3H-3. Because the variance is not required, staff recommends that the Council acknowledge the vacate the variance from the agenda before acting on this application. Further, the staff report has been updated in a strike-through format removing any references to the variance commentary. A UDC Text Amendment is currently in process to remove the access to highways for the variance section in Chapter 5 to avoid this confusion moving forward. Annexation and zoning of 38.15 acres of land with an R-15 zoning district; Preliminary plat consisting of (212) single-family residential building lots, (1) multi-family building lot and (22) common lots on 35.67 acres of land in the R-15 zoning district; and Variance to UDC 11-3H-4B for access to State Highway 69/S. Meridian Rd. STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT Meridian City Council Meeting Agenda May 21, 2019 – Page 164 of 576 Page 2 II. SUMMARY OF REPORT A. Project Summary B. Community Metrics Description Details Page Acreage 35.67 Future Land Use Designation MU-R (Mixed Use – Regional) Existing Land Use Existing home & accessory structures (vacant) Proposed Land Use(s) Residential (SFR & MFR) Current Zoning RUT in Ada County Proposed Zoning R-15 Lots (# and type; bldg/common) 213 building/22 common Phasing plan (# of phases) Yes; 5 phases Number of Residential Units (type of units) 240 units total (96 attached/116 detached SFR, 28 MFR) Density (gross & net) 6.73 gross Open Space (acres, total [%] / buffer / qualified) 5.43 acres (15.2%) Amenities Basketball court, dog park for small dogs, 24’ x 36’ children’s play structure, swings, rock climbing boulders and a climbing dome structure, big wheel track, benches, pedestrian pathways, segment of multi-use pathway system. Physical Features (waterways, hazards, flood plain, hillside) An irrigation ditch runs along the northeast corner of the site, the Carlson Lateral runs along the west boundary of the site, and the Northwest gas pipeline runs along the southwest corner of the site. The topography of this site slopes considerably down on the northeast portion of the site. Neighborhood meeting date; # of attendees: July 18, 2018; 6 attendees January 16, 2019; 3 attendees History (previous approvals)  CPA-08-001 (amendment to the Comprehensive Plan FLUM to change the land use designation from MDR to MU-R - approved);  AZ-08-005 (a Development Agreement was required as a provision of annexation – the DA was never signed, therefore the annexation approval is null and void);  VAR-08-008 (approved 3 access points to SH 69/S. Meridian Rd. – this approval has since expired because the property was never annexed);  MDA-11-010 (modification to the DA to extend the time period allow for the agreement to be signed – the DA was never signed and expired) Meridian City Council Meeting Agenda May 21, 2019 – Page 165 of 576 Page 3 Description Details Pa ge Ada County Highway District  Staff report (yes/no) Yes (draft) – see Section VII.  Requires ACHD Commission Action (yes/no) Yes, for modification to Master Street Map for collector street Fire Service  Distance to Fire Station 2.9 miles from Fire Station #1  Fire Response Time 5 minutes under ideal conditions  Resource Reliability 63% from Fire Station #1 – does not meet the target goal of 85% or greater  Risk Identificatio n 1 (residential)  Accessibility signage for addressing needs to be provided for homes accessed by the common driveways on Lots 10 & 61, Block 1; Lots 23 & 29, Block 2; and Lot 28, Block 3  Special/reso urce needs None  Water Supply Requires 1,000 gallons per minute for 2 hours  Other Resources NA Police Service  Distance to Police Station 3.5 miles  Police Response Time 3-4 minutes  Calls for Service 104 within a mile of the site between 1/1/18-12/31/18  Accessibility Harris St. and SH-69; future stub to south  Specialty/res ource needs No additional staffing, equipment needs or other resources needed to serve this development  Crimes  Crashes 12 crashes within a mile of the site – 66% injury related between 1/1/18 and 12/31/18 West Ada School District  Distance (elem, ms, hs) Mary McPherson Elementary – 1 mile; Victory Middle School – 1.6 miles; Meridian High School – 4.4 miles  Capacity of Schools Mary McPherson Elementary 650; Victory Middle School 1,000; Meridian High School 2,400  # of Students Enrolled Mary McPherson Elementary 525; Victory Middle Schoo l 928; Meridian High School 1,913 Meridian City Council Meeting Agenda May 21, 2019 – Page 166 of 576 Page 4 C. Project Area Maps  Anticipated school aged children generated by this development 178 Wastewater  Distance to Sewer Services 200-feet, Bore under Meridian Road  Sewer Shed NA  Estimated Project Sewer ERU’s See application information  WRRF Declining Balance 13.57 MGD  Project Consistent with WW Master Plan/Facility Plan Yes Water  Distance to Water Services 0-feet  Pressure Zone 5  Estimated Project Water ERU’s See application information  Water Quality None  Project Consistent with Water Master Plan Yes  Impacts/Con cerns Each phase must be modeled as developed to ensure adequate fire flow. If a transportation/pathway connection is built to the west (proposed Graycliff Apartments), a water main connection shall be required under said connection. Future Land Use Map Aerial Map Meridian City Council Meeting Agenda May 21, 2019 – Page 167 of 576 Page 5 III. APPLICANT INFORMATION A. Applicant: Stapleton, LLC – 4824 W. Fairview Ave., Boise, ID 83706 B. Owner: GRHH Amity, LLC – 855 Broad St., Ste. 300, Boise, ID 83702 C. Representative: Laren Bailey, Stapleton, LLC – 4824 W. Fairview Ave., Boise, ID 83706 Zoning Map Planned Development Map Meridian City Council Meeting Agenda May 21, 2019 – Page 168 of 576 Page 6 IV. NOTICING Planning & Zoning Posting Date City Council Posting Date Newspaper Notification 12/28/2018 Radius notification mailed to properties within 300 feet 12/26/2018 Public hearing notice sign posted on site 1/4/2019 Nextdoor posting 12/26/2018 V. STAFF ANALYSIS A. ANNEXATION & ZONING Comprehensive Plan (https://www.meridiancity.org/compplan): The Future Land Use Designation (FLUM) for this site is Mixed Use – Regional (MU-R) – The purpose of this designation is to provide a mix of employment, retail, and residential dwellings and public uses near major arterial intersections. The intent is to integrate a variety of uses together, including residential, and to avoid predominantly single-use developments such as a regional retail center with only restaurants and other commercial uses. Developments should be anchored by uses that have a regional draw with the appropriate supporting uses. MU-R developments are encouraged to be designed according the MU-R plan depicted in Figure 3-5 below: Transportation: The Master Street Map (MSM) depicts a planned north/south collector street through and along the west boundary of the site from W. Harris St. to W. Amity Rd. (see blue and orange dashed line on map below). Meridian City Council Meeting Agenda May 21, 2019 – Page 169 of 576 Page 7 The collector street designation was placed on this property because of the Comprehensive Plan amendment to the FLUM approved in 2008 which changed the land use designation on this property and the property to the south to MU-R. Because of the intensity of uses (i.e. commercial, office and multi-family residential – see concept plan below) planned with the associated development, there was a need to disperse traffic to the signals at Amity Rd. and Meridian Rd./SH-69 and the future signal at Harris St. and Meridian Rd./SH-69. This street was intended to serve as a backage road for the commercial development along SH-69. However, the property was never annexed and the property was not developed as intended. Meridian City Council Meeting Agenda May 21, 2019 – Page 170 of 576 Page 8 The proposed plat depicts a short segment (400’+/-) of the collector street (N. Lone Pine Way) from W. Harris St. to the intersection of W. Radiant Edge Dr.; and W. Lyra St. from SH-69 and S. Solaris Ave. to the south; a continuous collector street is not proposed through the site therefore, the proposed street network is not consistent with the MSM. However, ACHD is of the opinion the proposal to construct two discontinuous collector streets meets the intent of the MSM and doesn’t preclude the construction of the southern segment in the future. The Applicant is requesting a modification to the MSM to eliminate the continuous collector street through this site to better reflect the proposed land uses. With development applications to the west of this site, a north/south collector street from Harris to Amity is required to be constructed at the half mile in accord with the MSM. Land Use: The proposed land use for this site is a mix of single-family residential attached and detached units (212 units) with a small portion of multi-family 4-plex units (28 units) at an overall gross density of 6.73 units per acre. This land is part of a larger Mixed Use designated area in this vicinity. The MU-R designation stretches along the frontage of SH-69 from W. Harris St. to W. Amity Rd. with MU-C (Mixed Use – Community) to the south across Amity; MU-NR (Mixed Use – Non-Residential) designated land exists to the east across SH-69 and south of Amity (see FLUM below). The Applicant submitted a bubble plan included in Section VII.G that demonstrates how the property owner to the south of this site anticipates that property developing with a mix of uses consisting of office/multi-family residential as a buffer and transition to the single-family residential planned on this site with commercial, office and retail uses further to the south. Meridian City Council Meeting Agenda May 21, 2019 – Page 171 of 576 Page 9 Comprehensive Plan Policies (https://www.meridiancity.org/compplan): Goals, Objectives, & Action Items: Staff finds the following Comprehensive Plan policies to be applicable to this application and apply to the proposed use of this property (staff analysis in italics):  “Provide for a wide diversity of housing types (single-family, modular, mobile homes and multi-family arrangements) and choices between ownership and rental dwelling units for all income groups in a variety of locations suitable for residential development.” (3.07.03B) A mix of single-family attached and detached homes and multi-family apartment units are proposed within this development which will provided ownership and rental options for various income groups in this area.  “Provide housing options close to employment and shopping centers.” (3.07.02D) The proposed development will provide housing options in close proximity to future office and commercial uses planned to develop on the adjacent property to the south.  “Locate high-density development, where possible, near open space corridors or other permanent major open space and park facilities, Old Town, and near major access thoroughfares.” (3.07.02L) The proposed development falls within the medium-density category. The site is located in close proximity to a future City park to the west and an existing City Park (Bear Creek) to the north and a segment of the City’s multi-use pathway system to the west and along SH-69, a major access thoroughfare. For this reason, Staff is of the opinion a higher density would be more appropriate in this area; however, the proposed density is higher than the adjacent residential developments to the north and west and although at the low end, it falls within the desired density range of 6 to 40 units per acre in mixed use designated areas.  “Consider ACHD’s Master Street Map (MSM) in all land use decisions.” (3.03.04K) The MSM depicts a north/south collector roadway across this site providing access between W. Harris St. and W. Amity Rd. and to the future signal at Harris St./SH-69 and the existing signal at Amity/SH-69. The proposed plan depicts a 400+/- foot long segment of a collector street (N. Lone Pine Way) at the entry of the development from Harris St. and a 225+/- foot long segment of a collector street (S. Solaris Ave.) at the south boundary with local streets in between that do not provide a direct connection between Harris and Amity which is not consistent with the MSM. However, because the development plan for this site and the property to the south has changed from that previously proposed which warranted the provision of a collector street in this area and because ACHD has approved the proposed street layout/designations, Staff is amenable to the proposed design without the provision of a full collector street.  “Require open space areas within all development.” (6.01.01A) An open space exhibit is included in Section VII.D that appears to comply with the minimum UDC standards although some of the areas (as noted) do not count toward qualified open space per the standards listed in UDC 11-3G-3.  “Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City.” (3.01.01F) The proposed development is contiguous to the City and urban services can be provided to this development.  “Restrict private curb cuts and access points on collectors and arterial streets.” (3.06.02D) One (1) access is proposed via W. Harris St., a collector street; and one (1) access is proposed via SH-69, a state highway. Access via SH-69 is prohibited per UDC 11-3H-4B; a Meridian City Council Meeting Agenda May 21, 2019 – Page 172 of 576 Page 10 variance is requested for Council approval of the proposed access. Note: Without access via SH-69, a secondary emergency access is required that meets Fire Department requirements (IFC Section D104.3).  “Work with ACHD, COMPASS, and VRT on bringing public transportation to and through Meridian.” (3.03.04H) The Applicant contacted VRT to see if a bus stop is needed on this site; VRT stated their long- term plan (ValleyConnect 2.0) does not include any service along S. Meridian Rd./SH-69.  “Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity as part of a community pathway system.” (3.03.03B) A segment of the City’s multi-use pathway system is proposed at the southwest corner of the site which will assist in providing connectivity with adjacent developments and the future City Park to the west. Pedestrian access connectors are provided internally to the sidewalks along Harris St. and the multi-use pathway along SH-69. One other pedestrian connection is proposed to the west on Lot 26, Block 3 which also serves as the access driveway to a new pressure irrigation pump station and an existing irrigation diversion structure.  “Work with transportation agencies and private property owners to preserve transportation corridors, future transit routes and infrastructure, road and highway extensions, and to facilitate access management planning.” (3.01.01J) The Applicant has been working with ITD on the proposed access via SH-69 and with ACHD on the proposed access via W. Harris St. and internal roadways. The UDC (11-3H-4) prohibits new approaches to state highways; a Variance is requested for the proposed access. Staff finds approving the access via SH-69 does not preserve the transportation corridor.  “Develop alternative modes of transportation through pedestrian improvements, bicycle lanes, off-street pathways, and transit-oriented development as appropriate.” (3.03.03D) VRT (ValleyConnect 2.0) does not have any bus service along S. Meridian Rd./SH-69. A 10- foot wide multi-use pathway is required as proposed along SH-69 and across the southwest corner of this site within the Northwest Pipeline easement for pedestrian/bicycle use. In reviewing development applications, the following items will be considered in all Mixed Use areas, per the Comprehensive Plan (pgs. 23-24): (Staff’s analysis in italics) • “Residential densities should be a minimum of six dwellings/acre.” The gross density of the proposed development is 6.73 units per acre which falls at the low end of the 6 to 40 unit per acre range desired in MU-R designated areas but is within the desired range. Higher residential densities are anticipated on the R-40 zoned property to the west. • “Where feasible, higher density and/or multi-family residential development will be encouraged, especially for projects with the potential to serve as employment destination centers and when the project is adjacent to US 20/26, SH-55, SH-16 or SH-69.” Although the proposed development does include a multi-family component and meets the minimum density desired in mixed use areas, because this site is adjacent to a major transportation corridor (SH-69) and within a mile and a half of a mobility corridor (Lake Hazel Rd.), AND is designated on the FLUM as MU-R in which large employment and retail uses with a regional draw are anticipated, Staff is of the opinion a higher density and/or more multi-family units would be appropriate in this area to support the future commercial/office/employment uses desired in this area. • “A conceptual site plan for the entire mixed-use area should be included in the application.” Meridian City Council Meeting Agenda May 21, 2019 – Page 173 of 576 Page 11 A bubble plan was submitted for the overall MU-R area (see Section VII.G); however, only the northern 36+/- acre portion of that area is included in this application, the remaining 30+/- acres is not a part of this application and therefore future development cannot be held to the plan. Without both properties developing together, staff believes that the projects may not be as well-intregrated as desired by the Comprehensive Plan. • “In developments where multiple commercial and/or office buildings are proposed (not residential), the buildings should be arranged to create some form of common, usable area, such as a plaza or green space.” This development does not contain commercial/office buildings. • “The site plan should depict a transitional use and/or landscaped buffering between commercial and existing low- or medium-density residential development.” The proposed plan depicts multi-family 4-plex residential uses as a transitional use between the planned multi-family apartments to the west and the proposed single-family residential units in this development. Common area with landscaping and a multi-use pathway is proposed along the southern boundary providing a transition to planned office/multi-family uses on the adjacent property to the south. • “A mixed-use project should include at least three types of land uses [i.e. commercial (includes retail, restaurants, etc.), office, residential, civic (includes public open space, parks, entertainment venues, etc.), and industrial]. Exceptions may be granted for smaller sites on a case-by-case basis.” The proposed development plan only includes one land use type (i.e. residential); however, three different types of residential units are proposed (i.e. single-family detached/attached and multi-family 4-plex units). The concept plan submitted for the off-site MU-R designated area to the south depicts a mix of land use types as desired (i.e. office, multi-family, commercial, retail). Because the adjacent mixed use designated area to the east does not allow new residential uses, Staff is of the opinion all residential uses on this site is appropriate in order to serve the future commercial/office/employment uses. • “Community-serving facilities such as hospitals, churches, schools, parks, daycares, civic buildings, or public safety facilities are expected in larger mixed-use developments.” This is a relatively small portion of the overall mixed use designated area; none of these types of uses are proposed on this site. However, they may be in the future on the adjacent larger portions of the mixed use area. • “Supportive and proportional public and/or quasi-public spaces and places including but not limited to parks, plazas, outdoor gathering areas, open space, libraries, and schools are expected; outdoor seating areas at restaurants do not count.” The proposed plan does not incorporate public and/or quasi-public spaces and places; the common area proposed in the residential development is owned by the Homeowner’s Association and does not satisfy this requirement. These types of public spaces should be included in the adjacent mixed use designated area when it develops. • “All mixed-use projects should be directly accessible to neighborhoods within the section by both vehicles and pedestrians.” The only neighborhood that would be directly accessible to the proposed development is the future multi-family development to the west. A couple of pedestrian connections are proposed but no vehicular connections are proposed. In order to comply with this guideline, a vehicular connection should be provided. • “Street sections consistent with the Ada County Highway District Master Street Map are required within the Unified Development Code.” Meridian City Council Meeting Agenda May 21, 2019 – Page 174 of 576 Page 12 The Master Street Map depicts a north/south collector street through and along the west boundary of this site providing access to W. Harris St. and W. Amity Rd. and the traffic signals (planned and existing) at the SH-69 intersections of those streets. The proposed plan does not depict a continuous collector street as planned and therefore is not in compliance with the MSM and UDC 11-6C-3B.1, which requires arterial and collector streets as shown on the Comprehensive Plan to be dedicated to the public in all cases. However, because the development plan has changed for this area, the collector street may not be needed. • “Because of the existing small lots within Old Town, development is not subject to the Mixed-Use standards listed herein.” The proposed development is not within Old Town; therefore, this provision is not applicable. In reviewing development applications, the following items will be considered in MU-R areas, per the Comprehensive Plan (pg. 30): • “Development should comply with the general guidelines for development in all Mixed-Use areas.” See analysis above. • “Residential uses should comprise a minimum of 10% of the development area at densities ranging from 6 to 40 units/acre.” The proposed residential uses on this site comprise approximately 55% of the overall MU-R area at a density of 6.73 units per acre in accord with this guideline. • “Retail commercial uses should comprise a maximum of 50% of the development area.” No retail commercial uses are proposed with this development; however, the remainder of the area to the south consists of approximately 45% of the overall MU-R area and is planned to develop with a mix of commercial, retail, and office uses in accord with this standard. • “There is neither a minimum nor a maximum imposed on non-retail commercial uses such as office, clean industry, or entertainment uses.” No commercial uses are proposed with this development. Zoning: Based on the analysis above, Staff is of the opinion the requested annexation with the R-15 zoning district and proposed development is generally consistent with the MU-R FLUM designation for this site and is appropriate for this site. The proposed annexation area is contiguous to City annexed property to the north and west and is within the Area of City Impact Boundary. A legal description for the annexation area is included in Section VII.A. The City may require a development agreement (DA) in conjunction with an annexation pursuant to Idaho Code section 67-6511A. In order to ensure the site develops as proposed with this application, staff recommends a DA as a provision of annexation with the provisions included in Section VIII. B. PRELIMINARY PLAT Boundary of the Plat: The proposed boundary of the plat is not consistent with the existing boundary of the site. The Applicant intends to apply for a property boundary adjustment in the County prior to annexation ordinance approval by City Council if the subject application is approved. Final Meridian City Council Meeting Agenda May 21, 2019 – Page 175 of 576 Page 13 approval of the property boundary adjustment will need to be obtained prior to annexation ordinance approval. Existing Structures/Site Improvements: There is an existing home and accessory structures on this site that is unoccupied. These structures are required to be removed prior to signature on the final plat by the City Engineer. Proposed Use Analysis: The proposed single-family dwellings (attached & detached) are listed as a principal permitted use; and the multi-family development is listed as a conditional use in the R-15 zoning district per UDC Table 11-2A-2. Multi-family developments are subject to the specific use standards listed in UDC 11-4-3-27; compliance with these standards will be evaluated in the future through the conditional use permit process. Dimensional Standards (UDC 11-2): The proposed plat and subsequent development is required to comply with the minimum dimensional standards listed in UDC Table 11-2A-7 for the R-15 district (see below). The front lot dimension is missing on lots in Block 1 and should be included on a revised plat. Meridian City Council Meeting Agenda May 21, 2019 – Page 176 of 576 Page 14 Phasing Plan: The subdivision is proposed to develop in 5 phases. The 1st phase is dependent upon a Variance being approved by Council for access via SH-69, the second phase will have access via W. Harris St. followed by the 3rd phase at the corner of Harris/SH-69, and 4th phase directly west of phase 1; the 5th phase will be the multi-family development. Because the UDC prohibits access via SH-69, Staff recommends the phasing plan is revised to reflect the first phase of development adjacent to Harris St. for access purposes; if Council approves the requested Variance, the phasing plan does not need to be revised. Per the Applicant’s narrative, the following improvements are proposed with each phase: Phase 1: The SH-69/S. Meridian Rd. roadway improvements, 10-foot wide multi-use pathway and street buffer landscaping along the full length of the project boundary along SH- 69/S. Meridian Rd. Phase 2: The W. Harris St. roadway improvements including curb, gutter and detached sidewalk and street buffer landscaping along the full length of the project boundary along W. Harris St.; and installation of the traffic signal at the W. Harris St./SH-69 intersection. Prior to issuance of any Certificates of Occupancy in each of these phases the associated improvements as proposed by the Appliant should be complete. If Council doesn’t approve the variance for access via SH-69, the Harris St. improvements, including the traffic signal at Harris/SH-69, should be completed with the first phase of development. Access (UDC 11-3A-3, 11-3H-4)/Streets: One full access is proposed via W. Harris St., a collector street; one full access is proposed via SH-69, a state highway (although ITD has only tentatively approved a right-in/right-out/left-in access); and a stub street is proposed to the south for future extension. The access via SH-69 is prohibited per UDC 11-3H-4B; a variance is requested for this access (if the access isn’t approved, it should be removed from the plat and a secondary emergency access provided in accord with IFC requirements). Improvements are required to Harris St. per the ACHD report; and SH-69 per ITD’s letter to the City (see Section VIII). ACHD is requiring bulb-outs to be constructed to reduce traffic speed and enhance pedestrian safety at crossings where internal pathways intersect the street on Radiant Ridge Dr., W. Hydman St. and at the intersection of Springfield Ave. and Broyhill St. Common Driveways (UDC 11-6C-3) All common driveways are required to comply with the standards listed in UDC 11-6C-3D. Several common driveways are proposed that comply with UDC standards. Common driveways should be a maximum of 150’ in length or less, unless otherwise approved by the Fire Dept. An exhibit is required to be submitted with the final plat application that depicts the setbacks, fencing, building envelope and orientation of the lots and structures. Driveways for abutting properties that aren’t taking access from the common driveway(s) should be depicted on the opposite side of the shared property line away from the common driveway. Solid fencing adjacent to common driveways is prohibited unless separated by a minimum 5-foot wide landscaped buffer. A perpetual ingress/egress easement for the common driveway(s) is required to be filed with the Ada County Recorder, which shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment. A copy of the easement should be submitted to the Planning Division prior to signature on the final plat. Meridian City Council Meeting Agenda May 21, 2019 – Page 177 of 576 Page 15 Parking (UDC 11-3C): Parking for single-family detached/attached and multi-family dwellings is required based on the number of bedrooms per unit. For 2-, 3- or 4-bedroom single-family units, a minimum of 4 spaces are required per unit with at least 2 of those in an enclosed garage, the other spaces may be enclosed or a minimum 10’ x 20’ parking pad. Because of the narrow lots (i.e. 32’+) for detached homes and associated driveways, there is not adequate room for on-street parking in front of those lots for guest parking and in some areas parking is quite a ways away. Where attached homes are proposed, there is room for approximately one space per every 2 lots for on-street parking. On-street parking is also available adjacent to common lots. The Applicant has submitted an exhibit included in Section VII.E that demonstrates available on-street parking for the development which amounts to 109+/- spaces available for guest parking (note: parking on the 27’ wide street section adjacent to Lot 12, Block 2 can only be accommodated on one side per Fire Department standards). For a 1-bedroom multi-family unit, a minimum of 1.5 spaces per unit with an least 1 space in a covered carport or garage; for 2- or 3-bedroom multi-family units, a minimum of 2 spaces per unit are required with at least 1 in a covered carport or garage. For greater number of bedrooms, see UDC Table 11-3C-6 for more information. Pathways (UDC 11-3A-8): Pathways (micro-pathways and multi-use pathways) are required to be constructed in accord with the standards listed in UDC 11-3A-8 with landscaping on either side of the pathway(s) in accord with the standards listed in UDC 11-3B-12C. Several micro-pathways are proposed for pedestrian circulation within the development. A segment of the City’s multi-use pathway is proposed within the Northwest Pipeline corridor across the southwest corner of the site in accord with the Pathways Master Plan; and within the street buffer along SH-69 in accord with UDC 11-3H-4C.3. Landscaping is required to be installed along these pathways as set forth in UDC 11-3B-12C. A public use easement is required for the multi-use pathways; coordinate the details of the easement with Kim Warren, Park’s Department (208-888-3579). Sidewalks (UDC 11-3A-17): Sidewalks are required to be constructed adjacent to public streets as set forth in UDC 11-3A-17. Minimum 5-foot wide detached sidewalks are required along all collector and arterial streets; and minimum 5-foot wide attached (or detached) sidewalks are required along local streets as proposed. Parkways (UDC 11-3A-17): Parkways are required to be constructed and landscaped per the standards listed in UDC 11 -3A- 17E. Eight-foot wide parkways are proposed along collector streets and along certain local street sections within the development in accord with UDC standards. Landscaping (UDC 11-3B): Street buffer landscaping is required to be provided within common lots in accord with the standards listed in UDC 11-3B-7C. Per UDC Table 11-2A-7, a 20-foot wide buffer is required adjacent to collector streets; a 35-foot wide buffer is required adjacent to SH-69, an entryway corridor; and no buffer is required along local streets. The landscape plan depicts the gravel symbol within the street buffer along SH-69 and Harris St. where vegetative groundcover is required; the symbol should be changed to grass. Qualified Open Space (UDC 11-3G): A minimum of 10% (3.57 acres) qualified open space is required to be provided within the development per the standards listed in UDC 11-3G-3B. A qualified open space exhibit was Meridian City Council Meeting Agenda May 21, 2019 – Page 178 of 576 Page 16 submitted as shown in Section VII.D that depicts 5.43 acres (or 15.2%) of open space; however, there are several areas counted that Staff finds do not meet the requirements for qualified open space and other space that is marginal (i.e. the landscaped area on Lot 30, Block 4 that is below the dimensions of 50’ x 100’; and the area at the northeast corner of the site where the topography of the land slopes significantly down from the building lots toward the SH-69/Harris intersection and although is accessible by all residents, will not likely provide much of a benefit to homeowners. Staff requests a revised exhibit is submitted excluding certain non-qualified areas as detailed in Section VII.D prior to the Commission hearing to determine accurate qualified open space calculations. Qualified Site Amenities (UDC 11-3G): A minimum of (2) qualified site amenities are required to be provided for this development based on the size of the development (i.e. 35.67 acres). The Applicant proposes a segment of the City’s multi-use pathway system within the Northwest Pipeline corridor at the southwest corner of the site; a multi-use pathway within the street buffer along SH-69; a centrally located half-acre park with children’s play structures consisting of a 24’ x 36’ play structure, swings, climbing dome, rock climbing boulders, basketball court, big wheel track, and seating area with 4’ tall wrought iron fencing with a gated entry surrounding the park for children’s safety; and a dog park for small dogs with seating areas. The proposed amenities comply with and exceed the minimum standards. In order for the dog park to count as a “qualified” site amenity, it needs to comply with the standards listed in UDC 11-3G-3C.1h which require a dog washing station with drain to sanitary sewer system and trash receptacles and bags for dog waste disposal. Waterways (UDC 11-3A-6): The Carlson Lateral runs along the western boundary of this site and has been piped. An irrigation ditch crosses the northeast corner of this site and if open, should be piped in accord with UDC standards. Northwest Gas Pipeline: The Northwest gas pipeline runs across the southwest corner of this site witin a 75-foot wide easement contained in Lot 15, Block 3. All development within this easement should comply with the Williams Pipeline Developer’s Handbook. Fencing (UDC 11-3A-6, 11-3A-7): All fencing constructed on the site is required to comply with the standards listed in UDC 11-3A- 7. A mix of 6-foot tall solid vinyl privacy fencing and 4-foot tall black iron fence is proposed. The developer is required to construct fencing abutting pathways and common open space lots to distinguish common from private areas. Fences abutting all pathways and common open space lots not entirely visible from a public street are required to be an open vision or semi-private fence up to 6’ in height; or 4’ in height if closed vision fencing is used (an additional 2’ of open vision fencing may be provided at the top section of the fence). In accord with these standards, fencing adjacent to Lot 15, Block 3 should be revised; fencing should be added on Lot 23, Block 1 and at the rear of building lots adjacent to Lot 1, Block 1 on lots adjacent to Solaris Ave. and Lyra St. and Harris St.; and the beginning and end points of the 6’ concrete fence should be clearly delineated. Because this site is adjacent to SH-69, the UDC requires noise abatement to be provided for residential uses in the form of a berm or berm and wall combination a minimum of 10 feet higher than the elevation at the centerline of the state highway parallel to the state highway per the standards listed in UDC 11-3H-4D. A 6-foot tall concrete fence on top of a 4-foot tall berm is proposed; a detail of the berm and wall combination should be submitted with the first phase final plat application that depicts the centerline of SH-69. Meridian City Council Meeting Agenda May 21, 2019 – Page 179 of 576 Page 17 Utilities (UDC 11-3A-21): Connection to City water and sewer services is proposed. Street lighting is required to be installed in accord with the City’s adopted standards, specifications and ordinances. See Section VIII-B below for Public Works comments/conditions. Pressurized Irrigation System (UDC 11-3A-15): An underground pressurized irrigation system is required to be provided for each lot within the development. Storm Drainage (UDC 11-3A-18): An adequate storm drainage system is required in all developments in accord with the City’s adopted standards, specifications and ordinances. Design and construction shall follow best management practice as adopted by the City as set forth in UDC 11-3A-18. Building Elevations (UDC 11-3A-19 | Architectural Standards Manual): Conceptual building elevations and photos were submitted for the proposed single-family attached and detached units and the multi-family structures as shown in Section VII.F. Building materials for the single-family homes consist of a mix of siding (horizontal and vertical lap siding and board & batten) with stone veneer accents. Building materials for the multi-family structures consist of horizontal and vertical siding with board and batten accents (see Exhibit F in Section VII.) The single-family attached and multi-family structures are required to comply with the design standards in the Architectural Standards Manual; single-family detached structures are exempt from this requirement. Structures adjacent to W. Harris St. and SH-69 are proposed to all be a single-story in height except for those on Lots 60 and 62, Block 1 which will be 2-stories in height. To avoid monotonous wall planes, the rear of structures visible from Harris St. and SH-69 should have varied setbacks. C. VARIANCE The applicant requests a Variance to UDC 11-3H-4B for access via SH-69 at the ¼ mile between Harris St. and Amity Rd. UDC 11-3H-4B.2 prohibits new approaches directly accessing a state highway (i.e. SH-69). Public street connections to the state highway are only allowed at the section line road and at the half mile mark between section line roads. However, requests for variances can be made to City Council for the placement and/or number of access points to state highways as set forth in UDC 11-5B-4B. The purpose of limiting access to state highways are to maintain traffic flow and provide better circulation and safety within the community and for the traveling public; to preserve right -of-way for future highway expansions; and to mitigate noise impacts associated with such roadways for new residential development along state highways. The decision making body may consider and apply modifications to these standards upon specific recommendation of the Idaho Transportation Department, in which case a Variance is not required. If Council/Legal finds ITD has provided such recommendation, the Variance application could be withdrawn by the Applicant and the access request considered by Council without a Variance. The Applicant’s request is for a full access via the state highway; however, ITD has responded that they would only support a right-in/right-out/left-in until such time as a center median is constructed at which time the access would be restricted to right-in/right-out only. Meridian City Council Meeting Agenda May 21, 2019 – Page 180 of 576 Page 18 In order to grant a Variance, Council must make the findings listed below; Staff is unable to make these findings in order to recommend approval of the request (see analysis in Section IX.C). 1. The variance shall not grant a right or special privilege that is not otherwise allowed in the district; 2. The variance relieves an undue hardship because of characteristics of the site; and 3. The variance shall not be detrimental to the public health, safety, and welfare. If Council denies the proposed Variance, the Traffic Impact Study (TIS) will need to be updated to reflect the new trip distribution and volumes; the preliminary plat would need to be revised and reconfigured to remove the access; and a new phasing plan would need to be submitted as the current plan depicts the first phase with access via SH-69. Additionally, Staff recommends the traffic signal at Harris St./SH-69 is installed with the first phase of development to protect public safety if the access via SH-69 isn’t approved. VI. DECISION A. Staff: Staff recommends approval of the proposed Annexation & Zoning and Preliminary Plat as it complies with the mininimum UDC standards with the conditions included in Section VIII.A per the Findings in Section IX; and denial of the proposed Variance request per the Findings in Section IX. B. Commission: The Meridian Planning & Zoning Commission heard these items on January 17 and February 21, 2019. At the public hearing on February 21st, the Commission moved to recommend approval of the subject AZ and PP requests. a. Summary of Commission Public Hearing: i. In favor: Deb Nelson; Ronnie Wilks; Debbie Jeske; Dennis Green; Brandon Whallon, Hawkins Companies; Andrew Newland; Randy Nelson; Will Dilmore; Brittany Elliott; Carol Daily. ii. In opposition: None iii. Commenting: None iv. Written testimony: Kimberly Porter, Evan & Analyn Frasure, Sandy & Randy Nelson, Will Dilmore v. Staff presenting application: Sonya Allen vi. Other staff commenting on application: Bill Parsons b. Key issue(s) of Public Testimony: i. Comments from happy homebuyers in other developments by the same Applicant/builder; iii. Need for housing options in the price point offered by this Developer. c. Key Issues of Discussion by Commission: i. Timing for installation of a traffic signal at the Harris St./SH-69 intersection; ii. Previous ITD approved accesses for the site via S. Meridian Rd./SH-69; iii. The proposed variance for access via SH-69; iv. The provision of a local stub street to the property to the west planned for multi- family development as recommended by Staff and required by UDC 11-3A-3 (unless otherwise waived by Council); v. Revisions to the phasing plan if access via SH-69 isn’t approved. Meridian City Council Meeting Agenda May 21, 2019 – Page 181 of 576 Page 19 vi. Fire Department’s requirement for curbs to be painted red in addition to No Parking signs installed where parking is only allowed on one side of the street. d. Commission Change(s) to Staff Recommendation: i. Strike the last sentence of condition #A.1e in Section VIII, which requires the rear of structures visible from Harris St. & SH-69 to have varied setbacks to avoid monotonous wall planes; ii. The Commission directed the Applicant to work with the Fire Dept. on whether or not curbs need to be painted red in addition to No Parking signs being installed where parking is only allowed on one side of the street. The Fire Dept. has changed the requirement to only require No Parking signs and not curb paint (see Section VIII.A.9). e. Outstanding Issue(s) for City Council: i. The Applicant requests a Variance to UDC 11-3H-4B, which prohibits access via SH- 69, to be allowed one (1) access via SH-69 at the ¼ mile. ii. Staff recommends conditions #A.2e and A.3g in Section VIII are amended to require a local street connection (rather than just a vehicular connection) to the future multi- family development/property to the west in accord with UDC 11-3A-3 unless otherwise waived by City Council. (UDC 11-3A-3 states, “All subdivisions must provide local street access to any use that currently takes direct access from an arterial or collector street.”) The Meridian City Council heard these items on May 7, 2019. At the public hearing, the Council approved the subject AZ and PP requests and vacated the VAR request. a. Summary of City Council Public Hearing: i. In favor: Deb Nelson, Givens Pursley; Will Dilmore (also representing others in favor as follows: Dennis Green, Debbie Jeske, Ronnie Winks, and Randy Nelson); Brandon Whallon, Hawkins Companies; ii. In opposition: None iii. Commenting: Denise LaFever iv. Written testimony: None v. Staff presenting application: Sonya Allen vi. Other staff commenting on application: Joe Bongiorno b. Key issue(s) of Public Testimony: i. None c. Key Issues of Discussion by Council: i. Provision of a local street connection to the property to the west; ii. Timing for construction of the traffic signal at the intersection of Harris St. & SH- 69 and associated safety concerns; iii. Anticipated future land uses on the property to the south. d. Key Council Changes to Commission Recommendation i. City Council approved a waiver to UDC 11-3A-3A.3 to not require a local street connection to the property to the west that only has access via a collector street - modify condition #A.2e and #A.3g in Section VIII to only require an emergency vehicular connection to the west; ii. City Council approved a modification to UDC 11-3H-4B.2 and vacated the Variance request due to ITD’s approval of the proposed access via SH-69 in accord with UDC 11-3H-3; iii. Strike the portion of condition #A.1d in Section VIII that requires the traffic signal at W. Harris St./SH-69 to be installed with the second phase of development. Meridian City Council Meeting Agenda May 21, 2019 – Page 182 of 576 Page 20 VII. EXHIBITS A. Annexation & Zoning Legal Description and Exhibit Map Meridian City Council Meeting Agenda May 21, 2019 – Page 183 of 576 Page 21 Meridian City Council Meeting Agenda May 21, 2019 – Page 184 of 576 Page 22 Meridian City Council Meeting Agenda May 21, 2019 – Page 185 of 576 Page 23 B. Preliminary Plat (date: 1/29/2019) & Phasing Plan 1 2 3 4 5 Meridian City Council Meeting Agenda May 21, 2019 – Page 186 of 576 Page 24 Meridian City Council Meeting Agenda May 21, 2019 – Page 187 of 576 Page 25 C. Landscape Plan (date: 1/29/2019) Meridian City Council Meeting Agenda May 21, 2019 – Page 188 of 576 Page 26 Meridian City Council Meeting Agenda May 21, 2019 – Page 189 of 576 Page 27 Meridian City Council Meeting Agenda May 21, 2019 – Page 190 of 576 Page 28 Meridian City Council Meeting Agenda May 21, 2019 – Page 191 of 576 Page 29 D. Qualified Open Space Exhibit (Revised) & Site Amenities Meridian City Council Meeting Agenda May 21, 2019 – Page 192 of 576 Page 30 Meridian City Council Meeting Agenda May 21, 2019 – Page 193 of 576 Page 31 E. On-Street Parking Exhibit Meridian City Council Meeting Agenda May 21, 2019 – Page 194 of 576 Page 32 F. Conceptual Building Elevations (Single-Family Attached/Detached and Multi-Family) Meridian City Council Meeting Agenda May 21, 2019 – Page 195 of 576 Page 33 Meridian City Council Meeting Agenda May 21, 2019 – Page 196 of 576 Page 34 G. Conceptual Development Plan for Off-Site Portion of MU-R Designated Area Meridian City Council Meeting Agenda May 21, 2019 – Page 197 of 576 Page 35 VIII. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION Prior to annexation ordinance approval, the Applicant shall obtain final approval of a property boundary adjustment in Ada County and submit a copy of the associated recorded Record of Survey that coincides with the boundary of the preliminary plat. 1. A Development Agreement (DA) is required as a provision of annexation of this property. Prior to approval of the annexation ordinance, 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. Currently, a fee of $303.00 shall be paid by the Applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the Planning Division within six (6) months of the City Council granting the annexation. The DA shall, at minimum, incorporate the following provisions: a. Future development of this site shall be generally consistent with the preliminary plat, phasing plan, landscape plan and building elevations included in Section VII and the provisions contained herein. b. The building lots along the perimeter of the development that are adjacent to W. Harris St. and SH-69/S. Meridian Rd., except for Lots 60 and 62, Block 1, shall be restricted to a single-story in height as proposed by the Developer. c. Prior to issuance of any Certificates of Occupancy within the first phase of development, the SH-69/S. Meridian Rd. roadway improvements, 10-foot wide multi-use pathway and street buffer landscaping shall be constructed along the full length of the project boundary along SH-69/S. Meridian Rd. d. Prior to issuance of any Certificates of Occupancy within the second phase of development, the W. Harris St. roadway improvements including curb, gutter and detached sidewalk and street buffer landscaping along the full length of the project boundary along W. Harris St. shall be constructed; and the traffic signal at W. Harris St./SH-69 shall be installed. e. All single-family attached and multi-family structures shall comply with the design standards listed in the Architectural Standards Manual. An application for Design Review shall be submitted and approved for all attached dwellings prior to submittal of building permit applications. An application for Design Review and Certificate of Zoning Compliance shall be submitted and approved for all multi-family structures prior to submittal of building permit applications. To avoid monotonous wall planes, the rear of structures visible from Harris St. and SH-69 should have varied setbacks. f. Provide a vehicular connection between this site and the planned multi-family development to the west for interconnectivity. g. Site amenities shall be provided within the development per those described in Section VII.D; comparable amenities as determined by Staff may be considered as substitutions. h. All development within the Northwest gas pipeline easement shall comply with the Williams Gas Pipeline Developer’s Handbook. Meridian City Council Meeting Agenda May 21, 2019 – Page 198 of 576 Page 36 i. A Conditional Use Permit is required to be submitted and approved for the multi-family development prior to application for Certificate of Zoning Compliance and Design Review. 2. The preliminary plat included in Section VII.B, shall be revised as follows: a. Include the front lot dimension on lots in Block 1 that is missing. b. Revise the phasing plan so that the first phase of development is adjacent to Harris St. for access purposes because access via SH-69 is prohibited per UDC 11-3H-4B.2. If Council approves a Varaince which would allow the access, the phasing plan does not need to be revised. c. Remove the access via SH-69 as access is prohibited per UDC 11-3H-4B.2, unless otherwise approved by City Council. d. Provide a secondary emergency access that meets Fire Department requirements (IFC Section D104.3) and remove the access via SH-69 unless Council approves a Variance for a public street access via SH-69. e. Depict an emergency vehicular connection between this site and the planned multi- family development to the west. 3. The landscape plan included in Section VII.C shall be revised as follows: a. Include a symbol for the 6’ concrete fence in the legend and the beginning and end points of the fence along SH-69. b. Include a detail of the 6-foot tall concrete fence on top of a 4-foot tall berm as proposed along SH-69 that depicts the centerline of SH-69 that demonstrates compliance with the standards listed in UDC 11-3H-4D with the first phase final plat application. c. Depict fencing adjacent to Lot 15, Block 3 in accord with the standards listed in UDC 11-3A-7A.7b. d. Depict fencing on Lot 23, Block 1 in accord with the standards listed in UDC 11-3A- 7A.7. e. Depict fencing at the rear of building lots adjacent to Lot 1, Block 1 on lots adjacent to Solaris Ave., Lyra St. and Harris St. f. Depict landscaping along all pathways per the standards listed in UDC 11-3B-12C. g. Depict an emergency vehicular connection between this site and the planned multi- family development to the west. h. Depict landscaping along the pathway on Lot 26, Block 3 in accord with the standards listed in UDC 11-3B-12C if this lot is counted toward the qualified open space as currently shown on the open space exhibit in Section VII.D. i. Replace the gravel symbol and replace it with the lawn symbol within the street buffer along SH-69 in accord with UDC 11-3B-7C.3a. Meridian City Council Meeting Agenda May 21, 2019 – Page 199 of 576 Page 37 4. A 14-foot wide public pedestrian easement is required to be submitted to the Planning Division for the multi-use pathway within the street buffer along SH-69 and within the Northwest Pipeline corridor prior to City Engineer signature on the final plat for the phase in which it is located; coordinate the details of the easement with Kim Warren, Park’s Department. 5. For lots accessed by common driveways, an exhibit is required to be submitted with the final plat application that depicts the setbacks, fencing, building envelope and orientation of the lots and structures. Driveways for abutting properties that aren’t taking access from the common driveway(s) should be depicted on the opposite side of the shared property line away from the common driveway. Solid fencing adjacent to common driveways is prohibited unless separated by a minimum 5-foot wide landscaped buffer. 6. Signage for addressing needs to be provided for homes accessed by the common driveways on Lots 10 & 61, Block 1; Lots 23 & 29, Block 2; and Lot 28, Block 3 for emergency wayfinding purposes. 7. A perpetual ingress/egress easement is required to be filed with the Ada County Recorder for all common driveways, which shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment. A copy of the recorded easement should be submitted to the Planning Division prior to signature on the final plat by the City Engineer. 8. All existing structures on the site shall be removed prior to City Engineer signature on the final plat in which they are located. 9. Parking is restricted to only one side of the 27-foot wide street section for W. Broyhill St.; the curb shall be painted red and signage shall be installed prohibiting parking on one side of the street to ensure emergency access can be provided. B. PUBLIC WORKS 1. Site Specific Conditions of Approval 1.1 A street light plan will need to be included in the final plat application. Street light plan requirements are listed in section 6-7 of the City's Design Standards. A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272 1.2 Each phase must be modeled as developed to ensure adequate fire flow. 1.3 A water main connection to the west (proposed Graycliff Apartments) is needed, and can be co-located within a common driveway/pathway. Coordinate design location with the Meridian Development Analyst during construction plan review. 2 General Conditions of Approval 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 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 Per Meridian City Code (MCC), the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. Meridian City Council Meeting Agenda May 21, 2019 – Page 200 of 576 Page 38 2.3 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. All easements must be submitted, reviewed, and approved prior to development plan approval. 2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year- round source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, 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 prior to receiving development plan approval. 2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 2.6 All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. 2.7 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.10 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, etc., prior to signature on the final plat. 2.11 All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 2.12 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. Meridian City Council Meeting Agenda May 21, 2019 – Page 201 of 576 Page 39 2.13 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.17 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.18 The design engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.20 At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.21 A street light plan will need to be included in the civil construction plans. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272. 2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 2.23 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. C. FIRE DEPARTMENT http://weblink.meridiancity.org/weblink8/0/doc/160245/Page1.aspx D. POLICE DEPARTMENT http://weblink.meridiancity.org/weblink8/0/doc/160225/Page1.aspx Meridian City Council Meeting Agenda May 21, 2019 – Page 202 of 576 Page 40 E. COMMUNITY PLANNING ASSOCIATION OF SOUTHWEST IDAHO (COMPASS) http://weblink.meridiancity.org/weblink8/0/doc/160222/Page1.aspx F. BOISE PROJECT BOARD OF CONTROL http://weblink.meridiancity.org/WebLink8/DocView.aspx?id=160052&dbid=0 G. CENTRAL DISTRICT HEALTH DEPARTMENT http://weblink.meridiancity.org/WebLink8/DocView.aspx?id=159845&dbid=0 H. DEPARTMENT OF ENVIRONMENTAL QUALITY (DEQ) http://weblink.meridiancity.org/weblink8/0/doc/159880/Page1.aspx I. WEST ADA SCHOOL DISTRICT (WASD) http://weblink.meridiancity.org/weblink8/0/doc/160498/Page1.aspx J. ADA COUNTY HIGHWAY DISTRICT (ACHD) http://weblink.meridiancity.org/WebLink8/DocView.aspx?id=161671&dbid=0 K. IDAHO TRANSPORTATION DEPARTMENT (ITD) http://weblink.meridiancity.org/weblink8/browse.aspx?dbid=0 L. VALLEY REGIONAL TRANSIT (VRT) http://weblink.meridiancity.org/weblink8/0/doc/160309/Page1.aspx IX. FINDINGS A. Annexation and/or Rezone (UDC 11-5B-3E) Required 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 and/or rezone, the council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The City Council finds the proposed annexation of the subject 35.67 acre property with R-15 zoning and proposed development is consistent with the MU-R designation. (See section V above for more information.) 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council finds the proposed map amendment and development complies with the purpose statement of the residential districts in that it will provide for a range of housing opportunities consistent with the Comprehensive Plan. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The City Council finds the proposed map amendment should not be detrimental to the public health, safety and welfare as the proposed residential use should be compatible with adjacent existing and future residential uses in the area. Meridian City Council Meeting Agenda May 21, 2019 – Page 203 of 576 Page 41 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the city including, but not limited to, school districts; and The City Council finds that City services are available to be provided to this development. The School District has submitted comments, included in Section VIII.I, that currently show student enrollment is below capacity; however, the proposed development may cause area schools to be over capacity depending on the age of school children enrolled. 5. The annexation (as applicable) is in the best interest of city. The City Council finds the proposed annexation is in the best interest of the City. B. Preliminary Plat (UDC 11-6B-6) In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision making body shall make the following findings: (Ord. 05-1170, 8-30-2005, eff. 9-15- 2005) 1. The plat is in conformance with the comprehensive plan and is consistent with this unified development code; (Ord. 08-1372, 7-8-2008, eff. 7-8-2008) The City Council finds the proposed plat is generally in conformance with the UDC if the Applicant complies with the conditions of approval in Section VIII. 2. Public services are available or can be made available ad are adequate to accommodate the proposed development; The City Council finds public services can be made available to the subject property and will be adequate to accomoate the proposed development. 3. The plat is in conformance with scheduled public improvements in accord with the city's capital improvement program; The City Council finds the proposed plat is in conformance with scheduled public improvements in accord with the City’s CIP. 4. There is public financial capability of supporting services for the proposed development; The City Council finds there is public financial capability of supporting services for the proposed development. 5. The development will not be detrimental to the public health, safety or general welfare; and The City Council finds the proposed development will not be detrimental to the public health, safety or general welfare. 6. The development preserves significant natural, scenic or historic features. (Ord. 05-1170, 8- 30-2005, eff. 9-15-2005) The City Council is unaware of any significant natural, scenic or historic features that need to be preserved with this development. Meridian City Council Meeting Agenda May 21, 2019 – Page 204 of 576 Page 42 C. Variance (UDC 11-5B-4E) Required Findings: In order to grant a variance, the council shall make the following findings: 1. The variance shall not grant a right or special privilege that is not otherwise allowed in the district; Staff finds that granting a Variance for access via SH-69 would grant a right or special privilege that is not otherwise allowed as the UDC (11-3H-4B) prohibits new approaches directly accessing a state highway. 2. The variance relieves an undue hardship because of characteristics of the site; and Staff finds there are no characteristics of the site that create a hardship for development that granting the variance would relieve. The Applicant could construct a backage road adjacent to SH-69 but prefers the access via SH-69. 3. The variance shall not be detrimental to the public health, safety, and welfare. (Ord. 05-1170, 8-30-2005, eff. 9-15-2005) Staff finds that granting a Variance for access via SH-69 would likely be detrimental to the safety and welfare of the public, especially a left-in access which would encourage traffic movements across 2 lanes of high speed traffic and vehicles slowing down to turn left and sitting in the center lane waiting to turn left. Meridian City Council Meeting Agenda May 21, 2019 – Page 205 of 576