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HomeMy WebLinkAboutDA for Granton Square AZ 14-015ADA COUNTY RECORDER Christopher D. Rich 2015-028397 BOISE IDAHO Pgs=39 BONNIE 04/081201510:35AM MERIDIAN CITY NO FEE IIIIIII III I III I IIIIIIIIIIIIII I II III I III III III I III 00084138201500283970390388 DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Karl and Carol Moxley, Owners 3. Granton Square Properties, LLC, Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this ---I- day of LN. , 2015, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called CITY whose address is 33 E. Broadway Avenue, Meridian, Idaho 83642 and Karl and Carol Moxley, whose address is 2680 N. Locust Grove, Meridian, Idaho 83642, hereinafter called OWNERS and Granton Square Properties, LLC, whose address is PO Box 8256, Boise, Idaho 83707, hereinafter called DEVELOPER. RECITALS: 1.1 WHEREAS, Owners are the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A", 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 § 67-6511 A provides that cities may, by ordinance, require or permit as a condition of zoning that the Owners and/or Developer make a written commitment concerning the use or development ofthe subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section 11-511-3 of the Unified Development Code ("UDC"), which authorizes development agreements upon the annexation and/or re -zoning of land; and 1.4 WHEREAS, Owners and/or Developer has submitted an application for the annexation of approximately 5.13 acres of land from the RUT zoning district in Ada County to the R-8 (Medium Density Residential) zoning district (as described in Exhibit "A"), under the Unified Development Code, which generally describes how the Property will be developed and what improvements will be made; and 1.5 WHEREAS, Owners and/or Developer made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the Property will be developed and what improvements will be made; and DEVELOPMENT AGREEMENT — GRANTON SQUARE (AZ — 14-015) PAGE 1 OF 9 1.6 WHEREAS, the record of the proceedings for the requested preliminary plat on the Property held before the Planning & Zoning Commission, and subsequently before the City Council, includes responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and includes further testimony and comment; and 1.7 WHEREAS, on the 17`1' day of March, 2015, 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 attached as Exhibit "B"; and 1.8 WHEREAS, the Findings require the Owners and/or Developer to enter into a Development Agreement before the City Council takes final action on final plat; and 1.9 WHEREAS, Owners and/or Developer deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and request; and 1.10 WHEREAS, City requires the Owners and/or Developer to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this 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 zoning designation are in accordance with the amended Comprehensive Plan of the City of Meridian on April 19, 2011, Resolution No. 11-784, and the UDC, Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho 83642. DEVELOPMENT AGREEMENT - GRANTON SQUARE (AZ -14-015) PAGE 2 OF 9 3.2 OWNERS: means and refers to Karl and Carol Moxley, whose address is 2680 N. Locust Grove Road, Meridian, Idaho 83642, the party that owns said Property and shall include any subsequent owner(s) of the Property. 3.3 DEVELOPER: means and refers to Granton Square Properties, LLC, whose address is PO Box 8256, Boise, Idaho 83707, the party that is developing said Property and shall include any subsequent developer(s) of the Property. 3.4 PROPERTY: means and refers to that certain parcel(s) of Property located in the County of Ada, City of Meridian as described in Exhibit "A" describing the parcels to be re -zoned Medium Density Residential (R-8) and attached hereto and by this reference incorporated herein as if set forth at length. 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 the UDC. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owners and/or Developer shall develop the Property in accordance with the following special conditions: 5.1.1 Development of this site shall substantially comply with the preliminary plat and landscape plan in Exhibit A of the attached Findings of Fact and Conclusions of Law with attached Staff Report (Exhibit B). 5.1.2 Future homes constructed within the subdivision must comply with the submitted elevations attached in Exhibit A.4. A mix of materials and architectural details as represented in the attached elevations shall be incorporated on the rear facades that face N. Locust Grove Road (Lots 3-5, 7 & 8, Block 1). 5.1.3 A maximum of twenty-eight (28) single family detached homes shall be constructed on the site. 5.1.4 The applicant shall provide a minimum of 5.5% common open space and a plaza with a bench as an amenity. 6. COMPLIANCE PERIOD This Agreement must be fully executed within two (2) years after the date of the Findings for the annexation and zoning or it is null and void. 7. DEFAULT/CONSENT TO DE -ANNEXATION AND REVERSAL OF DEvELOPMENr AGREEMENT -GRANTON SQUARE (AZ- 14-015) PAGE 3 OF 9 ZONING DESIGNATION: 7.1 Acts of Default. Either party's failure to faithfully comply with all of the terms and conditions included in this Agreement shall constitute default under this Agreement. 7.2 Notice and Cure Period. In the event of Owners and/or Developer's default of this Agreement, Owners and/or Developer shall have thirty (30) days from receipt of written notice from City to initiate commencement of action to correct the breach and cure the default, which action must be prosecuted with diligence and completed within one hundred eighty (180) days; provided, however, that in the case of any such default that cannot with diligence be cured within such one hundred eighty (180) day period, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 7.3 Remedies. In the event of default by Owners and/or Developer that is not cured after notice as described in Section 7.2, Owners and/or Developer 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 and/or Developer 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 and/or Developer, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 7.4 Delay. In the event the performance of any covenant to be performed hereunder by either Owners and/or Developer or City is delayed for causes that are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 7.5 Waiver. A waiver by City of any default by Owners and/or Developer of any one or more of the covenants or conditions hereof shall apply solely to the default and defaults waived and shall neither bar any other rights or remedies of City nor apply to any subsequent default of any such or other covenants and conditions. 8. INSPECTION: Owners and/or Developer shall, immediately upon completion of any portion or the entirety of said development of the Property as required by this Agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and DEVELOPMENT AGREEMENT- GRANTON SQUARE (AZ- 14-015) PAGE 4 OF 9 written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Agreement and all other ordinances of the City that apply to said Property. 9. REQUIREMENT FOR RECORDATION: City shall record this Agreement, including all of the Exhibits, and submit proof of such recording to Owners and/or Developer, 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. 10. ZONING: City shall, following recordation ofthe duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. 11. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under the UDC, to insure the installation of required improvements, which the Owners and/or Developer agree to provide, if required by the City. 12. 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, or sufficient surety of performance is provided by Owners and/or Developer to the City in accordance with Paragraph 11 above. 13. ABIDE BY ALL CITY ORDINANCES: That Owners and/or Developer agree to abide by all ordinances of the City of Meridian unless otherwise provided by this Agreement. 14. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: City Clerk City of Meridian 33 E. Broadway Ave. Meridian, Idaho 83642 OWNERS with copy to: City Attorney City of Meridian 33 E. Broadway Avenue Meridian, ID 83642 DEVELOPER: Karl and Carol Moxley Granton Square Properties, LLC 2680 N. Locust Grove Road PO Box 8256 Meridian, ID 83642 Boise, ID 83707 DEVELOPMENT AGREEMENT -GRANfON SQUARE (AZ- 14-015) PAGE 5 of 9 14.1 A party shall have the right to change its address by delivering to the other parry a written notification thereof in accordance with the requirements of this section. 15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing parry 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. 16. 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. 17. 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 and/or Developer, 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 and/or Developer, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined that Owners and/or Developer have fully performed their obligations under this Agreement. 18. 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. 19. 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. 20. COOPERATION OF THE PARTIES: In the event of any legal or equitable action or other proceeding instituted by any third party (including a governmental entity or official) challenging the validity of any provision in this Agreement, the parties agree to cooperate in defending such action or proceeding. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owners and/or Developer and City relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owners and/or Developer and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. DEVELOPMENT AGREEMENT- GRANTON SQUARE (AZ- 14-015) PAGE 6 OF 9 21.1 No condition governing the uses and/or conditions governing re -zoning ofthe subject Property herein provided for can be modified or amended without the approval ofthe City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. [end of text; signatures, acknowledgements, and Exhibits A and B follow] ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNERS: DEVELOPER: Granton Square Properties, L By: 7:z J) ATTEST: n �8 CITY OF MERIDIAN By. Mayor T de Weerd .a 0 • .,r?}'Ai'41; 4�fycee(q Holman, City Clerk r. ; DEvELOPMENT AGREEMENT- GRANTON SQUARE (AZ- 14-015) PAGE 7 of 9 STATE OF IDAHO ) ss: County of Ada, On this 2(f day of n=n 2015, before me, the undersigned, a Notary Public in and for said State, personally appeared Karl Moxley, known or identified to me and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) C,OTA-k, I. pU13L%� . F OF 10 too ........... STATE OF IDAHO ) ss: County of Ada, v�1�J�1 Notary Public for Idaho Residing at: V Z My Commission Expires: C adl On this o .qday of f (-'0ijCk\ , 2015, before me, the undersigned, allotary Public in and for said State, personally appeared Carol Moxley, known or identified to me and acknowledged to me that she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) q• 6lop r Q ANX, 10 10• �Sa;A�T:j�M•..�M'4`r,I� Notary Public for Idaho Residing at: 7r- • _ NTARy My Commission Expires: g Vit• �'p'g,�tG •i • EOF P •.,, so"o • DEVELOPMENT AGREEMENT — GRANTON SQUARE (AZ —14-015) PAGE 8 OF 9 STATE OF IDAHO ) ss: County of Ada, On this lT day of /022�0_15, before me, the undersigned, a Notary Public in and for said State, personally appeared (� dal S. N ah n o known or identified to me to be the U of Granton Square Properties, LLC, and acknowledged to me that he executed the same on behalf of said Company. 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) STATE OF IDAHO ) ss County of Ada Residing at: My Commission i On this day of y1 2015, before me, a Notary Public, personally appeared Tammy de Weerd and Jaycee L. Holman, know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that 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. .•'LCA Jp •. (SEAL) ycy,0 �PfC{'�•� ••9� �+ t7F �0;: Residing at: v iii Commission expires: ao DEvELOPMENT AGREEMENT - GRANPON SQUARE (AZ - 14-015) PAGE 9 OF 9 -00 i ..i:U COMPASS LAND ST TR17L, YING, P.ir LC. 419 tladrone Cir. Telephone: (208) 442-0115 Nampa. Idaho 83686 Fax- (208) 327-2106 Email, r_qray.cls—gmail.com Client Date November 10 2014 Job No. 7514 ANNEXATION DESCRIPTION A parcel o1 land bung a portion of the N 112 of ttw SW 114 of the NW 114 of Section 5, Tovmship 3 North, Range 1 East. Boise Meridian. Ada County Idaho, more particularly described as follmvs: Commencing at a found 3 inch diameter brass disk stamped "LS 7314' marking the SW corner of said NW 114, (1/4 comer common to sections 5 and 6), said corner bears S 00, 24'25* W., a distance of 2603 61 feet from a found brass disk stamped 'LS 7314" marking the NW corner of said NW 114, (Section corner common to sections 31, 32. 5 and 6); Thence along the westerly boundary of said NW IA, N. 00` 24'25"E., a distance of 665.36 feet. (formerly N 00` 42'00'W_ a distance of 659.00 fact), to the POINT OFOEG/NN/NC.`. Thence continuing along the westerly boundary of said NW 114, N. 00" 24'25' E., a distance of 390.65 feet, (formerly N. 00' 42'00' W. a distance of 397.00 feet), to a point marking the south vest corner of Lot 13 Block 3 extended of Chamberlain Estates Subdivision as on file in Book 71 of Plats at Page 7299 in the Office of the Recorder of Ada County, Idaho, recorded as Instrument No 96032900 Thence along the southerly boundary o1 said Lot 13, S. 89° 42' 17' E . a distance of 554.66 feet, (formerly N. 89" 11'20' L , a distance of 554.66 feet), to a point marking the westerly boundary o1 said Chamberlain Estates SubdiNnsion; Thence along the westerly boundary of said Chamberlain Estates Subdivision, S 041 31' 05" E., a distance of 393 13 feet. (formerly S 05. 37' 30' E., a distance of 398 63 feet), to a point marking the northerly boundary of Chateau Meadows East No. 9 as on file in Book 61 of Plats at Page 6068 in the Office of the Recorder of Ada County. Idaho, recorded as Instrument No 9284652; Thence along the northerly boundary of said Chateau Meadows Fast No. 9 and along the northerly boundary o1 Chateau Meadows East No 6 as on file in Book 59 of Plats at Page 5834 in the Office of the Recorder of Ada County, Idaho, recorded as Instrument No 9215017. N. 89, 35' 50' W- a distance of 588.41 feet, (formerly S. 89, 12'38' W. a distance of 588.88 feet). to ft POINT OF BEGINNING This parcel contains 5 13 acres more or less Granton Square — AZ 14-015 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER �EIDIZ IAN,__ In the Matter of the Request for Annexation and Zoning of 5.13 Acres of Land with the R-8 Zoning District and Preliminary Plat Consisting of 28 Residential Building Lots and 7 Common/Other Lots on 4.81 Acres of Land, Located on the East side of N. Locust Grove Road, South of E. Ustick Road, by Granton Square Properties, LLC Case No(s). AZ -14-015; PP -14-019 For the City Council Hearing Date of: March 3, 2015 (Findings on March 17, 2015) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of March 3, 2015, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of March 3, 2015, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of March 3, 2015, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of March 3, 2015, 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 -14-015; PP -14-019 -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 Division, the Public Works Department and any affected party requesting notice. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of March 3, 2015, 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 zoning is hereby approved with the requirement of a development agreement containing the provisions in Exhibit B of the Staff Report for the hearing date of March 3, 2015, attached as Exhibit A. 2. The applicant's request for preliminary plat is hereby approved per the conditions included in Exhibit B of the Staff Report for the hearing date of March 3, 2015, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two (2) years of the approval of the preliminary plat or the combined preliminary and final plat or short plat (UDC 11 -6B -7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two (2) years, may be considered for final approval without resubmission for preliminary plat approval (UDC 11 -6B -7B). Upon written request and filed by the applicant prior to the termination of the period in accord with 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 -5B -3D). A modification to the development agreement may be initiated prior to signature of the CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -14-015; PP -14-019 -2- 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). 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 March 3, 2015 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -14-015; PP -14-019 -3- By action of the City Council at its regular meeting held on the /�Il day of , 2015. COUNCIL PRESIDENT CHARLIE ROUNTREE VOTED COUNCIL VICE PRESIDENT KEITH BIRD VOTED COUNCIL, MEMBER DAVID ZAREMBA VOTED COUNCIL MEMBER JOE BORTON VOTED COUNCIL MEMBER LUKE CAVENER VOTED COUNCIL MEMBER GENESIS MILAM VOTED MAYOR TAMMY de WEERD VOTED (TIE BREAKER) Mayor Ta de Weerd Copy served upon Applicant, The Planning Division, Public Works Department and City Attorney. Dated: i 1 City AIerk's ffice CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -14-015; PP -14-019 -4- EXHIBIT A STAFF REPORT Hearing Date: March 3, 2015 TO: Mayor and City Council E+ FROM: Bill Parsons, Planning Supervisor (208) 884-5533 Bruce Freckleton, Development Services Manager (208) 887-2211 SUBJECT: Granton Square — AZ 14-015 and PP -14-019 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Granton Square Properties, LLC has applied for annexation (AZ) of 5.13 acres of land with an R-8 zoning district and preliminary plat (PP) consisting of twenty-eight (28) single-family residential lots with four (4) common/other lots on approximately 4.81 acres of land. See Section 9 of the staff report for more information. 2. SUMMARY RECOMMENDATION Staff recommends approval of the proposed annexation and preliminary plat with the conditions listed in Exhibit B, based on the Findings of Fact and Conclusions of Law in Exhibit D. The Meridian Planning and Zoning Commission heard these items on February 5, 2015. At the public hearing, the Commission moved to recommend approval of the subiect AZ and PP requests. a. Summary of Commission Public Hearing: i. In favor: Randy Clarno ii. In opposition: None iii. Commenting: None iv. Written testimonv: Kirsti Allnhin. Applicant's representative response to the staff report. v. Staff presenting application: Bill Parsons A. Other staff commenting on application: Ted Baird b. Key Issue(s) of Discussion by Commission: L None c. Key Commission Changes) to Staff Recommendation: L Commission modified DA provision b replacing Lots 2-6, Block 1 and Lot 2, Block 3 with Lots 3-5, 7 and 8, Block 1. ii. Commission modified DA provision d replacing 1,720 square feet of open space with 2,400 square feet. iii. Commission struck condition of approval 1.2.1a. iv. Commission modified condition of approval 1.2.1b. replacing Lots 10-11, Block 3 with Lots 6-11 and Lots 17-18, Block 1. v. Commission modified condition of approval 1.2.2b requiring the applicant submit a detail for the plaza and bench with the final plat application. A. Commission added a new condition requiring Lots 8-9, Block 2 to front on N. Lochness Wav if the existing residence is not to remain as part of the development. d. Outstanding Issue(s) for City Council: L None Granton Square - AZ -14-015 & PP -14-019 Page 1 EXHIBIT A The Meridian City Council heard these items on March 3, 2015. At the public hearing. the Council approved the subject AZ and PP request. Summary of City Council Public Hearing: Li In favor: Randy Clarno Hi In opposition: None iii Commenting: None iy� Written testimony: Kirsti Allphin, Applicant's representative -Y. Staff presenting application: Bill Parsons A Other staff commenting on application: None b- Key Issues of Discussion by Council: L The intent of the architectural embellishments on the rear facades adjacent to N. Locust Grove Road. c� Key Council Changes to Staff/Commission Recommendation L Council modified DA provision d. to require the development to provide a minimum of ° ° open space and a plaza with a bench as an amenity. ji Council struck condition of approval —12.2c. 3. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Numbers AZ -14- 015 and PP -14-019 as presented in staff report for the hearing date of March 3, 2015 with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Numbers AZ -14-015 and PP -14-019 as presented in staff report for the hearing date of March 3, 2015 for the following reasons: (You should state specific reasons for denial of the applications.) Continuance I move to continue File Numbers AZ -14-015 and PP -14-019 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: (Parcel # S1105233842) The site is located on the east side of N. Locust Grove Road, south of E. Ustick Road in the NW 1/4 of Section 5, T.3N., RJE. b. Applicant: Granton Square Properties, LLC P.O. Box 8256 Boise, ID 83707 c. Owner: Karl and Carol Moxley 2680 N. Locust Grove Road Meridian, ID 83642 d. Representative: Kirsti Allphin, KM Engineering, LLP 9233 W. State Street Granton Square - AZ -14-015 & PP -14-019 Page 2 EXHIBIT A Boise, ID 83714 e. Applicant's Request: Please see applicant's narrative for this information. 5. PROCESS FACTS a. The subject applications are 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 Unified Development Code Title 11, Chapter 5. b. Newspaper notifications published on: December 29, 2014 and January 12, 2015 (Commission); February 9, and 23, 2015 (Council) c. Radius notices mailed to properties within 300 feet on: December 18, 2014 (Commission); February 9, 2015 (Council) d. Applicant posted notice on site by: December 24, 2014 (Commission); February 20, 2015 Council 510 1-1_I�L,Ia11.� a. Existing Land Use(s): The subject site consists of a single family residence and a detached accessory structure that may remain with the development of the proposed subdivision. b. Description of Character of Surrounding Area and Adjacent Land Uses and Zoning: Except for the Ada County parcel to the north (RUT), this property is primarily surrounded by residential subdivisions, zoned R-8. c. History of Previous Actions: NA d. Utilities: 1. Public Works: Location of sewer: A sanitary sewer main intended to provide service to the subject property currently exists in N. Locust Grove Road. Location of water: A water main intended to provide service to the subject property currently exists in N. Locust Grove Road. Issues or concerns: Sanitary sewer and water services must be provided to all building lots within this development. As currently designed, the applicant has not shown how Lot 2, Block 8 will receive services. e. Physical Features: 1. Canals/Ditches Irrigation: No major facilities traverse the subject property. 2. Hazards: Staff is not aware of any hazards that exist on the property. 3. Flood Plain: NA 4. Topography: NA 7. COMPREHENSIVE PLAN POLICIES AND GOALS The property is designated Medium Density Residential (MDR) on the Comprehensive Plan Future Land Use Map. This designation allows smaller lots for residential purposes within the city limits. The Comprehensive Plan anticipates densities between 3 to 8 dwelling units per acre. The applicant is requesting to annex the property with an R-8 zoning district. The Unified Development Code (UDC) allows a maximum of 8 dwelling units to the acre. The proposed preliminary plat depicts a residential subdivision consisting of 28 single-family detached homes Granton Square - AZ -14-015 & PP -14-019 Page 3 EXHIBIT A on 4.81 acres of land at a gross density of 5.82 dwelling units per acre consistent with the MDR designation. The proposed density falls within the density requirements of the UDC. For these reasons, staff finds the proposed development is consistent with the Comprehensive Plan. Staff finds the following Comprehensive Plan policies to be applicable to this property and the proposed development (staff analysis in italics below policy): "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." (3.07.01E) The proposed medium density residential development will contribute to the variety of residential densities in this area of the City, which currently consists of a mix of medium -low density residential developments. "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 adjacent to properties annexed into the city and services are available to be extended to the site upon development in accord with UDC 11-3A-21. "Support infill of vacant lots in substantially developed, single-family areas at densities similar to surrounding development." (3.07.02I) The subject property is surrounded by properties developed at suburban densities consistent with the density of the proposed residential development. The proposed development will also consist of single family detached homes. Although the lots are smaller than the adjacent subdivisions, the proposed lot sizes comply with the dimensional standards of the proposed R-8 zone. "Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow."(3.03.03C) The main entrance into the proposed residential development is from N. Locust Grove Road (via E. Challis Street), a principal arterial roadway. The adjacent residential subdivisions were not required to stub a street to this property. Because stub streets were not required with previous, adjacent developments, the applicant is proposing to parallel a public street adjacent to the drainage pond on the north boundary which may provide inter -connectivity with the Ada County property to the north if/when ACHD and the Chamberlain Estates Subdivision modify the drainage lot. "Require new residential development to meet development standards regarding landscaping, signage, fences and walls, etc."(3.05.02C) The applicant is required to comply with all UDC standards pertaining to landscaping, signage, and fencing on the site. "Require usable open space to be incorporated into new residential subdivision plat." (3.07.02F) Meridian City Code requires open space in residential districts for developments of five acres or more. The applicant is annexing 5.13 acres of property and subdividing 4.81 acres. This property is surrounded by older subdivisions that pre -date the open space requirements of the UDC and the property is not in close proximity to any public parks. Further, the property has several mature trees on the property that could be saved and incorporated into a small passive open lot. For these reasons, staff believes the applicant should provide some useable Granton Square - AZ -14-015 & PP -14-019 Page 4 EXHIBIT A open space for the 28 dwellings proposed on this property. If some open space is not provided, staff does not believe annexation of this property is in the best interest of the City. "Require appropriate landscaping and buffers along transportation corridors (setbacks, vegetation, low walls, berms, etc.)" (3.05.02C). Street buffer landscaping is required adjacent to N. Locust Grove Road in accord with the standards listed in UDC 11 -3B -7C. The proposed buffer exceeds the requirements of the UDC to mitigate from the loss of the mature trees. After considering all of these factors staff finds that the proposed development is generally consistent with comprehensive plan. 8. UNIFIED DEVELOPMENT CODE A. Purpose Statement of the Residential Districts (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 Control: Unified Development Code (UDC) 11-2A-2 lists single family detached housing as a principally permitted use in the proposed R-8 zoning district. C. Dimensional Standards: Development of the site shall comply with the dimensional standards listed in UDC 11-2A-6 for the R-8 zoning district. D. Landscaping: A 25 -foot wide landscape buffer adjacent to N. Locust Grove Road is required to comply with the design standards in accord with UDC 11 -3B -7C. E. Subdivision Design and Improvement Standards: The subdivision must comply with the subdivision design standards outlined in UDC 11-6C-3. F. Off -Street Parking: Off-street parking is required in accord with UDC Table 11-3C-6 for single- family dwellings. 9. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation: Annexation (AZ): The applicant has applied to annex 5.13 acres of land from to the R-8 zoning district (see legal description in Exhibit Q. As discussed above in Section VII, the proposed zoning is consistent with the corresponding FLUM designation of MDR for this property. To ensure the property develops consistently with both the UDC and the Comprehensive Plan, staff recommends a development agreement be required as part of the annexation approval. Staff's recommended development agreement provisions are outlined in Exhibit B of the staff report. Preliminary Plat (PP): The proposed preliminary plat consists of twenty-eight (28) single family residential lots and four (4) common/other lots on approximately 4.81 acres of land in the proposed R-8 zoning district. Lot sizes range between 5,000 and 7,109 square feet respectively. The average lot size within the proposed subdivision is 5,401 square feet. The proposed gross density of the subdivision is 5.82 dwelling units per acre which is consistent with both the density requirements of the comprehensive plan and the proposed R-8 zoning district. However, staff believes the applicant should make several modifications to the proposed preliminary to increase the functionality of the layout and provide open space within the development. Staff recommends the following revisions: 1) Lots 5 and 6, Block 1 and Lots 3 and 4, Block 2 should front on N. Summerbrook Avenue to prevent vehicles from backing onto the main Granton Square - AZ -14-015 & PP -14-019 Page 5 EXHIBIT A road providing access to N. Locust Grove Road; and 2) Add a common lot (approximately 1,720 square feet) on the north side of E. Challis Street and incorporate a plaza with benches for the future residence to use (see Exhibit A.3 for staff s changes). Prior to the Commission hearing the applicant shall provide a revised plat and landscape plan with the recommended changes. Dimensional Standards: Staff has reviewed the proposed plat for compliance with the applicable standards listed in UDC Table 11-2A-6 for the R-8 zoning district. The R-8 zone requires a minimum lot size of 5,000 square feet with 50 feet of street frontage when taking access from a public street and 4,000 square foot minimum lot size if the lots take access from a common driveway. The proposed plat complies with the dimensional standards of the R-8 district. The applicant is proposing Lots 10-11, Block 3 take access from a common drive (Lot 12, Block 3). The submitted plat depicts a 20 -foot wide common lot and 5 -foot wide landscape buffer along the north side of the common drive to restrict Lot 14, Block 3 from taking access from the common drive in accord with UDC 11 -6C -3D5. With final plat submittal, the applicant must provide an exhibit that depicts the building envelope, setbacks and orientation of the lots and structures. Additionally, the common driveway and the landscape buffer must be owned and maintained by the homeowners association. Access: Access to this development is proposed from the extension of E. Challis Street, via N. Locust Grove Road. The internal streets are proposed as a reduced street section (40 feet of right- of-way; 36 feet between curbs); which allows on -street parking both sides of the street. E. Chemise Street will border the north boundary of an ACHD storm drain pond. For this roadway to provide inter -connectivity with the adjacent Ada County property to the north, ACHD and the Chamberlain Estates Subdivision must redesign the existing storm facility. Staff is supportive of the public street access and reduced street section proposed for the development. Landscaping: A landscape plan was submitted with this application as shown in Exhibit A.3. A 25 -foot wide landscape buffer adjacent to N. Locust Grove Road is required to be installed in accord with UDC 11 -3B -7C. On the submitted landscape plan, the applicant is proposing to construct a 40 -foot wide landscape buffer in accord with the UDC standards. Open Space and Site Amenities: The UDC (11-3G-3) requires open space to be provided for developments of five acres or more. In looking at the surrounding area, this area of Meridian is deficient in recreational open space. As mentioned above, the Comprehensive Plan promotes the integration of usable open space into residential developments. For these reasons, staff is recommending the applicant incorporate open space and an amenity as part of the development. Sidewalks: UDC 11 -3A -17C requires detached sidewalks along all arterial streets within the City. Currently, a 7 -foot wide attached sidewalk exists along Locust Grove Road. Since the existing sidewalks pre -date the proposed subdivision, staff is not recommending any changes to the existing sidewalks. However, there is an existing curb cut for the existing home current access to Locust Grove Road that should be removed and replaced with new sidewalk with the development of the proposed subdivision. Existing Trees: The subject property contains numerous mature trees that will be removed with the development of the proposed subdivision. Per in UDC 11-3B-10, mitigation is required for all existing healthy trees 4 -inch caliper or greater that are removed from the site. The submitted landscape plan depicts the buildable lots will be planted with trees to mitigate for the loss of the mature trees. With the submittal of the final plat the applicant must submit a revised Granton Square - AZ -14-015 & PP -14-019 Page 6 EXHIBIT A landscape plan that details the mitigation plan outlined by the developer and the City Arborist. Fencing: The applicant is proposing 6 -foot vinyl privacy fencing adjacent to N. Locust Grove Road. The north, east and south boundary currently consist of 6 -foot wood privacy fence constructed with the adjacent subdivisions. The fencing proposed for the development complies with UDC 11-3A-7. 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 receiving approval on the development plans. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28. Existing Structures: There is an existing home and accessory detached structure currently developed on the property. The accessory building will be removed with the development of the subdivision. Per the applicant, the existing home may remain as part of the development however; the decision to keep the home will not be made until the applicant submits a final plat application. If the home is to remain as part of the subdivision, the final plat would consist of one less lot which is allowed under the UDC. Further, the applicant will be responsible for connecting the existing home to City services and coordinating with the City's address specialist on a new address for the home. If the existing home is not to be part of the development, it must be demolished. Any existing well and septic system must be abandoned prior to the City Engineer's signature on a final plat regardless if the home remains or is demolished. Building Elevations: The applicant has submitted sample photos that depict the style of homes proposed for the subdivision. The proposed homes depict a mix of building materials (lap siding, stucco, cedar shingle siding and board and batten siding) and stone wainscot. Design features staff supports include varying roof forms, decorative trim and corbels, pop -outs, dormers and covered front porches. Because the applicant is requesting to annex the property, staff recommends the applicant incorporate similar building materials and a mix of materials on all sides of the future homes, specifically, for those facades that face a public street as envisioned by the Meridian Design Manual. Staff is of the opinion the future homes will complement the existing homes in the area and demonstrate high quality materials. Prior to the issuance of a building permit, Staff will review the home elevations adjacent to N. Locust Grove Road (Lots 2-6, Block 1 and Lot 2, Block 3) as described above to ensure conformance with these design features. Future homes constructed within the subdivision must comply with the elevations attached in Exhibit AA 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. 10. EXHIBITS A. Drawings 1. Vicinity Map 2. Proposed Preliminary Plat (dated: OILI-34-5 02/05/15 REVISED) and Staff's Recommended Revisions Granton Square - AZ -14-015 & PP -14-019 Page 7 EXHIBIT A 3. Proposed Landscape Plan (dated: 04� 02/05/15 REVISED) 4. Proposed Building Elevations B. Conditions of Approval 1. Planning Division 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Republic Services 7. Ada County Highway District C. Legal Description and Exhibit Map D. Required Findings from Unified Development Code Granton Square - AZ -14-015 & PP -14-019 Page 8 EXHIBIT A A. Drawings 1. Vicinity Map Vicinity Map o Am D-rz p.aMiles 114 PF LCgB'ntj R_7 ESummer rn ro en n mrs op cop iee trwn a- ty.m vroe _s .Tna city 1 raenelal1 .ekes no -oamy or 9uarenGee es In lI1B Area of Im aof P J �Td -; merttela�- r t ecr r r mpi r ss of any of me ■ �. R-14'Ry.>R?� . p d d a a ieg p—b ty r« me Parcels - Meridian T> w R-; mra�ar«, �m©-nea 11 1ms.©n .. 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Proposed Preliminary Plat (dated: OVQ345 02/05/15) REVISED GRANTON SQUARE SUBDIVISION - - - — PRADACOUNTTYRD BOAT O _ r DECEMBER 2014 LBT 13 BLO K3 cNAMBExLAIx EsrgTes sDBDrvLuox INDEX OF DRAWINGS BOOK71PAGE)399 ut� _ GNEFT NO. PZEIIIIIRY --T DSHEFf J PRR�YINA Iw6 N III Ii 9I LEGALDESORIPTION srzc a e i couxtt _ n SEI PL PO ® r-- - NDTFS '[R w weu ue �. n<smw �, ieama lII1 ✓ ue_ __ __WV' _ w'rE wraerr wmw. x "1 1 __ w 1 \ j i'.i PRW MINARVPNT DATA Tae. I �� j-------------%= �� m �- _ i mm R w 1h m. x 4m' - iI l 0 1 -- - ,I I m =-7— iE j Er .az � I� LEGEND aw w.mo., ..m uiw. mona oma+ � f Ai L arra I Yu Il 8 i wrs.a< wr�Ru o.srw<� w,rw e ' I� � _ u¢ � amsw ruu uw ,L l ---- -------- -y.. _TE _ - [ EAU MEADOWS GST NO.9 xre.mz .k"iou ENA AO MEADOWS E—NOk �TgppK 61 PAGE BOBE _ 4 iB60K 59 PAGE 5&34 •yM'�® e_�masw.m 17u1 F m PRFIIMINARY NflT FORCIXIBTAVCIIDN x NTAa tnEORManox ,ea S4UARE SUBDIVISION cDg„w uRlx xwDgxr oR€awrvrcu BMM3 PRELIMINARYDAH ADA LIMINA IDAHOhm 10821 p� �.vmm. rE ... nnoa uoe.es � ®unruery 1:0F 3 Granton Square- AZ -14-015 & PP -14-019 Page 9 EXHIBIT A 3. Proposed Landscape Plan (dated: 044243 02/05/15) REVISED Granton Square- AZ -14-015 & PP -14-019 PLANT SCHEDULE F.AIM KEY%17. a,.,. I-I MMON NMIEOn WIS AHaMENraE E� AI ~rnE Elf 1 .... HP /PEFE ePiwiENiP1 D � 1E a# I , LANDSCAPE REQUIREMENTS LANDSCAPE LEGEND COMM9N QpE�ry�BP� E.� n.wm,cs.e�.um pl CALLOUT LEGEND —'-- -- 77 TREE MITIGATION NOTES: �cpZ `m m e - Q C3 aO CO rn0Lau O pcU J Q Z 'R Z C9 C5 ru TREE PROTECTION NOTES: �L1.0 Page 10 EXHIBIT A 4. Building Elevations Granton Square- AZ -14-015 & PP -14-019 Page 11 EG E3 In tU- a ■ Granton Square- AZ -14-015 & PP -14-019 Page 13 EXHIBIT A B. Conditions of Approval 1. PLANNING DIVISION 1.1 Annexation 1.1.1 A Development Agreement (DA) is required as a provision of the 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. A final plat application will not be accepted until the DA is recorded. The applicant shall contact the City Attorney's Office to initiate this process. The DA shall be signed by the property owner and returned to the city within two (2) years of the City Council granting the annexation. 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, at a minimum, incorporate the following provisions: a. Development of this site shall substantially comply with the preliminary plat and landscape plan in Exhibit A. b. Future homes constructed within the subdivision must comply with the submitted elevations attached in Exhibit A.4. A mix of materials and architectural details as represented in the attached elevations shall be incorporated on the rear facades that face N. Locust Grove Road (Lots 2 6 Bleek , and rot 2 Lots 3-5, 7 & 8, Block 1). c. A maximum of twenty-eight (28) single family detached homes shall be constructed on the site. d. Open spaee of at least 1.720 2.400 satiafe feet a*dap! a with abefleh shall belff.-Ovided on thenot4h side of es' Qha1 is #eet The applicant shall provide a minimum of 5.5% common open space and a plaza with a bench as an amenity. 1.2 Preliminary Plat - Site Specific Conditions of Approval 1.2.1 The preliminary plat, dated 01/23/15, shall be revised as follows: a. Prior- to the Commission hear-ine. 4he r-eAse the plat as follo - Lots a and 6 ul^^v t and rots z and 4 Bloek 2 should front o N e,,,,,,,,eFb fook Loeus1 Grove Roads ^„a , Add ^ eommon let (apo,.,...imatety 1,720 sauar-e feet) on the flor-th side of T Challi.. Street NOTE! This ... tot 50 feet wide-. b rots 10 and , �� Lots 6-11 and Lots 17 & 18, Block 1 shall take access from common driveway as proposed. An exhibit depicting the setbacks, building envelope and orientation of lots and structures shall be submitted a future final plat application. Include note on the final plat that addresses access across the lots and the responsible party for maintenance of the common driveway and 5 -foot wide landscape buffer. c. Direct lot access shall be prohibited to N. Locust Grove Road in accord with UDC 11-3A-3 d. If the existing home is not part of a final plat, Lots 8-9, Block 2 shall front on N. Lochness Way. 1.2.2 The landscape plan, dated 01/22/15 shall be revised as follows: a. Prior to the Co ssi n. --:rem', The applicant shall incorporate a common lot (apor-oximately ,,"n squa*e-feet) on the north side of E. Challis Street. The common lot must landscaped in accord with UDC 11 -3A -7C and incorporate a plaza with a bench. Submit a detail of the plaza and bench with the final plat application. Granton Square - AZ -14-015 & PP -14-019 Page 14 EXHIBIT A b. All fencing shall be installed in accordance with UDC 11-3A-7. Submit a fence detail with the final plat application. d. Per UDC 11-313-10, 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. With the submittal of the final plat the applicant shall submit a revised landscape plan that details the mitigation plan outlined by the developer and the City Arborist. e. Upon installation of the landscaping and prior to inspection by Planning Division staff, the applicant shall provide a written certificate of completion as set forth in UDC 11 -3B -14A. 1.2.3 Prior to the issuance of a building permit, the applicant shall record a final plat. 1.2.4 All buildings (existing residence and detached accessory structure) that span across proposed lot lines, or do not conform to the dimensional standards (setbacks, height, etc.) of the UDC shall be removed, relocated or made to conform to city code, prior to City Engineer signature of the final plat. If the existing home remains as part of the development, the applicant will be responsible for connecting the existing home to City services and coordinating with the City's address specialist on a new address for the home. Any existing well and septic system must be abandoned prior to the City Engineer's signature on a final plat. 1.2.5 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 zoning district listed in UDC Chapter 2 District regulations. 1.3.2 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11-3A- 15, UDC 11-313-6 and MCC 9-1-28. 1.3.3 Comply with the sidewalk standards as set forth in UDC 11-3A-17. The applicant shall remove the constructed curb cut on N. Locust Grove Road and replace that section with a new 7 -foot wide attached sidewalk. 1.3.4 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-313-5J. 1.3.5 Comply with all subdivision design and improvement standards as set forth in UDC 11-6C-3, including but not limited to driveways, common driveways, easements, blocks and mailbox placement. 1.3.6 Construct all off-street parking areas consistent with the standards as set forth in UDC 11-3C-6 for single-family dwellings. 1.3.7 The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. 1.3.8 The applicant shall pipe or otherwise cover all irrigation ditches, laterals or canals, intersecting, crossing or lying within the area being developed in accord with UDC 11 -3A -6A, unless waived by City Council. 1.4 Process Conditions of Approval 1.4.1 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. Granton Square - AZ -14-015 & PP -14-019 Page 15 EXHIBIT A 1.4.2 The final plat, and any phase thereof, shall substantially comply with the approved preliminary plat as set forth in UDC 11-613-3C2. 1.4.3 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. 1.4.4 The project is subject to all current City of Meridian ordinances. Staff failure to cite any specific ordinance provisions does not relieve the applicant from responsibility of compliance. 1.4.5 The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets the standards as set forth in UDC 11-3B-6 and to install and maintain all landscaping as set forth in UDC 11-313-5, UDC 11-313-13 and UDC 11-313-14. 1.4.6 All common open space shall be maintained by an owner's association as set forth in UDC I I - 3G -3F 1. 2. PUBLIC WORKS DEPARTMENT 2.1 Site Specific Conditions of Approval 2.1.1 Applicant shall be responsible to extend an 8 -inch diameter water main in E. Chemise Street to complete a loop between N. Summerbrook Avenue and N. Lochness Way. 2.1.2 If the existing home is to remain, it shall be a requirement of the applicant to hook it up to City water and sewer service within 60 days of services being available. Applicant shall be responsible for the payment of all assessments and permit fees, as well as the physical work necessary to accomplish the connections. 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 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 (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. 2.2.3 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 I F 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. 2.2.4 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, Granton Square - AZ -14-015 & PP -14-019 Page 16 EXHIBIT A the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 2.2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. 2.2.6 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non -approval submitted to the Public Works Department. If lateral users association approval can't be obtained, alternate plans shall be reviewed and approved by the Meridian City Engineer prior to final plat signature. 2.2.7 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. 2.2.8 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. 2.2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.2.10 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. 2.2.11 All development improvements, including but not limited to sewer and water, fencing, micro - paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.2.12 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 2.2.13 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. 2.2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.2.17 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. 2.2.18 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3 -feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1 -foot above. 2.2.19 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 Granton Square - AZ -14-015 & PP -14-019 Page 17 EXHIBIT A accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.2.20 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. 2.2.21 100 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. 2.2.22 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. 2.2.23 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 3. FIRE DEPARTMENT 3.1 The Fire Department has no comments related to this application. 4. POLICE DEPARTMENT 4.1 The Police Department has no comments related to this application. 5. PARKS DEPARTMENT 5.1 The applicant shall comply with the tree mitigation standards set forth in UDC 11-3B-10. 6. REPUBLIC SERVICES 6.1 Republic Services has no comments related to this application. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 SITE SPECIFIC CONDITIONS OF APPROVAL 7.1 Dedicate 12 -feet of additional right-of-way for Locust Grove Road abutting the site, totaling 48 - feet from centerline. 7.2 Construct internal streets (Challis Street, Summerbrook Way, and Lochness Way) as 36 -foot street sections within 40 -feet of right-of-way, complete with curb, gutter, and 5 -foot wide concrete sidewalks. 7.3 Construct Chemise Street as a 29 -foot local street section with vertical curb, and gutter. Sidewalk should be required on the south side of Chemise Street only. The right-of-way for Chemise Street Granton Square - AZ -14-015 & PP -14-019 Page 18 EXHIBIT A should extend north to the property line. 7.4 Coordinate with the Meridian Fire Department and ACHD Development Review staff on an appropriate signage plan to restrict parking to one side of Chemise Street. 7.5 A sidewalk easement is required for all portions of sidewalk located outside of the right-of-way and 2 -feet behind the back edge of the sidewalk. Brass caps are required for all pins located within the sidewalk. 7.6 Construct one public street entrance to intersect Locust Grove Road approximately approximately 520 -feet north of Meadowgrass Street. 7.7 Close all existing driveways onto Locust Gove Road and replace with vertical curb, gutter, and 7 - foot wide attached concrete sidewalk to match the existing improvements. 7.8 Other than the access specifically approved with this application, direct lot access is prohibited to Locust Grove Road and should be noted on the final plat. 7.9 Payment of impacts fees are due prior to issuance of a building permit. 7.10 Comply with all Standard Conditions of Approval. 7.2 STANDARD CONDITIONS OF APPROVAL 7.2.1 All proposed irrigation facilities shall be located outside of the ACHD right-of-way (including all easements). Any existing irrigation facilities shall be relocated outside of the ACHD right-of-way (including all easements). 7.2.2 Private sewer or water systems are prohibited from being located within any ACHD roadway or right-of-way. 7.2.3 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 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 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. 7.2.7 All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.2.8 In accordance with District policy, 7203.6, 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. 7.2.9 Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7.2.10 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 Granton Square - AZ -14-015 & PP -14-019 Page 19 EXHIBIT A 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. 7.2.11 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 the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 7.2.12 If the site plan or use should change in the future, ACHD Planning Review will review the site plan and may require additional improvements to the transportation system at that time. Any change by the applicant 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 the time unless a waiver/variance of said requirements or other legal relief is granted by the ACHD Commission. Granton Square - AZ -14-015 & PP -14-019 Page 20 ._ ■ C. Legal Description and Exhibit Map COMPASS LAND SURVEYING, P.L.L.C. 419 Mad rone Cir. Telephone: (208) 442-0115 Nampa, Idaho 83686 Fax: (208) 327.2106 Email: roray.clsP�maii.com Client: Date: November 16, 2014 Job No.: 7514 ANNEXATION DESCRIPTION A parcel of land being a portion of the N 112 of the SW 114 of the NW 114 of Section 5, Township 3 North, Range 1 East, Boise Meridian, Ada County Idaho, more particularly described as follows: Commencing at a found 3 inch diameter brass disk stamped 'LS 7314" marking the SW corner of said NW 114, (114 corner common to sections 5 and 6), said corner bears S. 00° 24'25" W., a distance of 2603.61 feet from a found brass disk stamped "LS 7314" marking the NW corner of said NW 114, (Section corner common to sections 31, 32, 5 and 6); Thence along the westerly boundary of said NW 114, N. 00° 24'25" E., a distance of 665.36 feet, (formerly N. 00` 42'00" W., a distance of 659.00 feet), to the POINT OFBEGINNING, Thence continuing along the westerly boundary of said NW 114, N. 00° 24' 25" E., a distance of 390,65 feet, (formerly N. 00° 42' 00" W., a distance of 397.00 feet), to a point marking the south west corner of Lot 13 Block 3 extended of Chamberlain Estates Subdivision as on file In Book 71 of Plats at Page 7299 in the Office of the Recorder of Ada County, Idaho, recorded as Instrument No. 96032900 Thence along the southerly boundary of said Lot 13, S. 89° 42' 12" E., a distance of 554.66 feet, (formerly N. 89° 11' 20" E., a distance of 554.66 feet), to a point marking the westerly boundary of said Chamberlain Estates Subdivision;. Thence along the westerly boundary of said Chamberlain Estates Subdivision, S. 04° 31' 05" E., a distance of 393.13 feet, (formerly S. 05* 37'30" E., a distance of 398.63 feet), to a point marking the northerly boundary of Chateau Meadows East No. 9 as on file in Book 61 of Plats at Page 6068 in the Office of the Recorder of Ada County, Idaho, recorded as Instrument No. 9284652; Thence along the northerly boundary of said Chateau Meadows East No. 9 and along the northerly boundary of Chateau Meadows East No, 6 as on file in Book 59 of Plats at Page 5834 in the Office of the Recorder of Ada County, Idaho, recorded as Instrument No. 9215017, N. 89° 35' 50" W., a distance of 588.41 feet, (formerly S. 89,12'38" W., a distance of 588.88 feet), to the POINT OFBEGINNING. This parcel contains 5.13 acres more or less. Granton Square - AZ -l4-015 & PP -14-019 Page 21 ._ ■ AIV N EXATI C>N ©CH 1 B IT LOCATED IN THE N112 SWI/4 NW1/4 SECTION 5, T. 3 N. R. 1 E, BA ADA COUNTY, IDAHO I E. USTICK ROAD NW Cor. Sec, 5 LS 7314' 1 LEGEND n Calculated point Found brass cap monument 1 1 UZI POINT OF BEGINNING Lu o C') QF--� r o r W a iz W 114 Cor. Sec. 5 'LS 7314' LOT 13 BLACK 3 CHAMBERLAIN ESTATES SUBDIVISION S 89°42'15" E 554.66' BOOK 71 PAGE 7299 18.66'—_ 518767--- x a gig �e1tn w Cx7 ch c� nl PARCEL �c Area: 5.13 acres « d 4 0 50 100 200 _ W Scale: 1" = 100' G? 552.41' N 89°35'50° W 588,41 - CHATEAU MEADOWS EAST CHATEAU MEADOWS EAST NO.6 NO.9 PAGE 5634 BOOK 61 PAGE 6066 I Granton Square - AZ -14-015 & PP -14-019 Page 22 EXHIBIT A D. Required Findings from Unified Development Code 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; The applicant is proposing to annex 5.13 acres to the R-8 zoning district. The Council finds that the proposed map amendment is generally consistent with the MDR designation for this property. If the applicant modifies the layout and incorporates usable open space as conditioned in Exhibit B, the Council finds the amendment is consistent with the applicable provisions of the Comprehensive Plan (see section VII above). b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The Council finds that the proposed map amendment to the R-8 zoning district is consistent with the purpose statements for residential districts as detailed in Section VIII above. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. City utilities will be extended at the expense of the applicant. The Council considered all oral or written testimony that was provided to determine 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 11-513-3.E). The Council finds annexing this property with an R-8 zoning district is in the best interest of the City if the applicant enters into a development agreement and complies with the provisions therein. 2. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: A. The plat is in conformance with the Comprehensive Plan; The Council finds that the proposed plat is in general conformance with the comprehensive plan, if the applicant modifies the plat and incorporates usable open space and an amenity as conditioned in Exhibit B (please see Section 8 of the Staff Report for detailed analysis of specific comprehensive plan action items that apply to this development). B. Public services are available or can be made available and are adequate to accommodate the proposed development; The Council finds that services can be made available to accommodate the proposed Granton Square - AZ -14-015 & PP -14-019 Page 23 EXHIBIT A development. C. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their cost, the Council finds that the subdivisions will not require the expenditure of capital improvement funds. D. There is public financial capability of supporting services for the proposed development; The Council relied upon comments from the public service providers (i.e., police, fire, ACHD, etc.) to determine this finding. E. The development will not be detrimental to the public health, safety or general welfare; and The Commission is not aware of any health, safety or environmental problems associated with the development of this subdivision that should be brought to the Council's attention. ACHD considers road safety issues in their analysis. The Council considered the facts, analysis and all public testimony that was presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems of which staff and the Commission is unaware. F. The development preserves significant natural, scenic or historic features. The Council is unaware of any natural, scenic or historic features on this site. Therefore, the Council finds that the proposed development will not result in the destruction, loss or damage of any natural, scenic or historic feature(s) of major importance. The Council considered all public testimony presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance of which staff and the Commission is unaware. Granton Square - AZ -14-015 & PP -14-019 Page 24