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HomeMy WebLinkAbout2023-08-08 Work Session CITY COUNCIL WORK SESSION City Council Chambers, 33 East Broadway Avenue Meridian, Idaho Tuesday, August 08, 2023 at 4:30 PM Minutes ROLL CALL ATTENDANCE PRESENT Councilman Joe Borton Councilwoman Liz Strader Councilman Brad Hoaglun Councilman John Overton Councilwoman Jessica Perreault Councilman Luke Cavener Mayor Robert E. Simison ADOPTION OF AGENDA Adopted CONSENT AGENDA \[Action Item\] Approved Motion to approve made by Councilman Hoaglun, Seconded by Councilman Cavener. Voting Yea: Councilman Borton, Councilwoman Strader, Councilman Hoaglun, Councilman Overton, Councilwoman Perreault, Councilman Cavener 1. Approve Minutes of the July 18, 2023 City Council Work Session 2. Approve Minutes of the July 18, 2023 City Council Regular Meeting 3. Approve Minutes of the July 25, 2023 City Council Work Session 4. Approve Minutes of the July 25, 2023 City Council Regular Meeting 5. Final Order for Apex Northwest Subdivision (FP-2023-0010) by Brighton Development, Inc., generally located 1/2 mile East of S. Meridian Rd./SH-69 and 1/8 mile north of E. Lake Hazel Rd. 6. Final Order for PAW Subdivision (FP-2022-0034) by Kent Brown Planning Services, located at 1680 W. Ustick Rd. 7. Final Order for Centerville Subdivision No. 1 (FP-2023-0009), by Kent Brown Planning Services, generally located at the southeast corner of E. Amity Rd. and S. Hillsdale Ave. 8. Final Order for Lennon Pointe Subdivision (FP-2023-0004), by Rodney Evans + Partners, LLC., located at the Southeast corner of N. Linder Rd. and W. Ustick Rd. 9. Final Order for Sagarra Subdivision No. 1 (FP-2023-0008) by Sagarra Phase 1, LLC., generally located at the southwest corner of N. Bergman Ave. and W. Orchard Park Dr. 10. Development Agreement (Modern Craftsman Franklin H-2022-0079) Between the City of Meridian and BPS Franklin Road, LLC for Property Located at 4540, 4490, and 4420 W. Franklin Rd. 11. Resolution No. 23-2401: A Resolution vacating the southerly 1.2 feet of the 5-foot- wide public utility, drainage, and irrigation (PUDI) easement along the northern boundary of Lot 11, Block 9 of Lavender Heights Subdivision No. 2, being more particularly described in Exhibit "A"; and Providing an Effective Date 12. Resolution No. 23-2402: A Resolution of the Mayor and City Council of the City of Meridian Authorizing the Parks and Recreation Director to Administer the Care to Share Program; Establishing Eligibility Criteria and Parameters for Care to Share Funds; and Providing an Effective Date ITEMS MOVED FROM THE CONSENT AGENDA \[Action Item\] EXECUTIVE SESSION 13. Per Idaho Code 74-206(1)(c): To acquire an interest in real property not owned by a public agency. Motion to enter executive session made by Councilman Hoaglun, Seconded by Councilman Cavener. Voting Yea: Councilman Borton, Councilwoman Strader, Councilman Hoaglun, Councilman Overton, Councilwoman Perreault, Councilman Cavener Into session: 4:34 PM Out of session: 5:35 PM ADJOURNMENT 5:35 PM Meridian City Council Work Session August 8, 2023. A Meeting of the Meridian City Council was called to order at 4:33 p.m. Tuesday, August 8, 2023, by Mayor Robert Simison. Members Present: Robert Simison, Brad Hoaglun, Joe Borton, Luke Cavener, Jessica Perreault, Liz Strader and John Overton. Also present: Chris Johnson, Bill Nary, Sean Harper, Joe Bongiorno and Dean Willis. ROLL-CALL ATTENDANCE Liz Strader _X_ Joe Borton _X_ Brad Hoaglun _X_ John Overton _X_ Jessica Perreault _X—Luke Cavener X Mayor Robert E. Simison Simison: Council, for the record it is August 8, 2023, at 4:33 p.m. We will begin this afternoon's work session with roll call attendance. ADOPTION OF AGENDA Simison: First item up is adoption of the agenda. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I move adoption of the agenda as published. Overton: Second. Simison: Have a motion and a second to adopt the agenda. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it and the agenda is adopted. MOTION CARRIED: ALLAYES. CONSENT AGENDA [Action Item] 1. Approve Minutes of the July 18, 2023 City Council Work Session 2. Approve Minutes of the July 18, 2023 City Council Regular Meeting 3. Approve Minutes of the July 25, 2023 City Council Work Session Meridian City Council Work Session August 8,2023 Page 2 of 4 4. Approve Minutes of the July 25, 2023 City Council Regular Meeting 5. Final Order for Apex Northwest Subdivision (FP-2023-0010) by Brighton Development, Inc., generally located 1/2 mile East of S. Meridian Rd./SH-69 and 1/8 mile north of E. Lake Hazel Rd. 6. Final Order for PAW Subdivision (FP-2022-0034) by Kent Brown Planning Services, located at 1680 W. Ustick Rd. 7. Final Order for Centerville Subdivision No. 1 (FP-2023-0009), by Kent Brown Planning Services, generally located at the southeast corner of E. Amity Rd. and S. Hillsdale Ave. 8. Final Order for Lennon Pointe Subdivision (FP-2023-0004), by Rodney Evans + Partners, LLC., located at the Southeast corner of N. Linder Rd. and W. Ustick Rd. 9. Final Order for Sagarra Subdivision No. 1 (FP-2023-0008) by Sagarra Phase 1, LLC., generally located at the southwest corner of N. Bergman Ave. and W. Orchard Park Dr. 10. Development Agreement (Modern Craftsman Franklin H-2022-0079) Between the City of Meridian and BPS Franklin Road, LLC for Property Located at 4540, 4490, and 4420 W. Franklin Rd. 11. Resolution No. 23-2401: A Resolution vacating the southerly 1.2 feet of the 5-footwide public utility, drainage, and irrigation (PUDI) easement along the northern boundary of Lot 11, Block 9 of Lavender Heights Subdivision No. 2, being more particularly described in Exhibit "A"; and Providing an Effective Date 12. Resolution No. 23-2402: A Resolution of the Mayor and City Council of the City of Meridian Authorizing the Parks and Recreation Director to Administer the Care to Share Program; Establishing Eligibility Criteria and Parameters for Care to Share Funds; and Providing an Effective Date Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I move that we approve the Consent Agenda and for the Mayor to sign and Clerk to attest. Cavener: Second. Meridian City Council Work Session August 8,2023 Page 3 of 4 Simison: Have a motion and a second to approve the Consent Agenda. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it and the Consent Agenda is agreed to. MOTION CARRIED: ALLAYES. ITEMS MOVED FROM THE CONSENT AGENDA [Action Item] Simison: There are no items removed from the Consent Agenda. EXECUTIVE SESSION 13. Per Idaho Code 74-206(1)(c): To acquire an interest in real property not owned by a public agency. Simison: So, we will move on to Item 13. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Per Idaho Code 74-206(1)(c) I move that we go into Executive Session. Cavener: Second. Simison: Have a motion and a second to go into Executive Session. Is there any discussion? If not, Clerk will call the roll. Roll Call: Hoaglun, yea; Borton, yea; Cavener, yea; Perreault, yea; Strader, yea; Overton, yea. Simison: All ayes. Motion carries and we will move into Executive Session. MOTION CARRIED: ALLAYES. EXECUTIVE SESSION: (4.34 p.m. to 5.35 p.m.) Hoaglun: Mr. Mayor, I move that we come out of Executive Session. Cavener: Second. Simison: Have a motion and a second come out of Executive Session. All in favor signify by saying aye. Opposed nay? The ayes have it and we are out of Executive Session. MOTION CARRIED: ALLAYES. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approve Minutes of the July 18, 2023 City Council Work Session Meridian City Council Work Session July 18,2023 Page 24 of 24 Simison: Have a motion to adjourn. All in favor signify by saying aye. Opposed nay? The ayes have it and we are adjourned. MOTION CARRIED: ALLAYES. MEETING ADJOURNED AT 6:04 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 8 / 8 2023 MAYOR ROBERT E. SIMISON DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approve Minutes of the July 18, 2023 City Council Regular Meeting Meridian City Council July 18,2023 Page 28 of 28 7. Per Idaho Code 74-206A (1)(a): To Deliberate on a labor contract offer or to formulate a counteroffer. Simison: Or do I have a motion? Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I move that we go into Executive Session per Idaho Code 74-206A(1)(a). Borton: Second. Simison: Have a motion and a second go into Executive Session. Is there a discussion? If not, Clerk will call the roll. Roll Call: Hoaglun, yea; Borton, yea; Cavener, yea; Perreault, yea; Strader, yea; Overton, yea. Simison: All ayes. Motion carries and we will move into Executive Session. MOTION CARRIED: ALL AYES. EXECUTIVE SESSION: (7:15 p.m. to 9:05 p.m.) (Motion and Second made to come out of Executive Session.) Motion to adjourn.) MEETING ADJOURNED AT 9.05 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR ROBERT E. SIMISON 8-8-2023 ATTEST: CHRIS JOHNSON - CITY CLERK E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approve Minutes of the July 25, 2023 City Council Work Session Meridian City Council Work Session July 25,2023 Page 33 of 33 Starman: That's fine if we want to vacate that and we will take that up -- we had that on the regular agenda, so we can vacate that item for this agenda, take it up during the regular meeting. Simison: Okay. So, with that do I have a motion on Item 21? Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I move that we vacate Item 21. Borton: Second. Simison: Motion and second to vacate Item 21. Is there any discussion? If not, all in favor signify by saying aye? Opposed nay? The ayes have it and the item is removed. MOTION CARRIED: ALLAYES. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Move we adjourn. Simison: Motion to adjourn. All in favor signify by saying aye. Opposed nay? The ayes have it and we are adjourned. MOTION CARRIED: ALLAYES. MEETING ADJOURNED AT 6:10 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR ROBERT E. SIMISON 8-8-2023 ATTEST: CHRIS JOHNSON - CITY CLERK E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approve Minutes of the July 25, 2023 City Council Regular Meeting Meridian City Council July 25,2023 Page 16 of 16 MOTION CARRIED: ALLAYES. EXECUTIVE SESSION: (6:47 p.m. to 7:42 p.m.) (Motion to come out of Executive Session: Hoaglun. Second: Borton) MOTION CARRIED: ALLAYES. (Motion to adjourn by Hoaglun). MOTION CARRIED: ALLAYES. MEETING ADJOURNED AT 7:43 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR ROBERT E. SIMISON 8-8-2023 ATTEST: CHRIS JOHNSON - CITY CLERK E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Final Order for Apex Northwest Subdivision (FP-2023-0010) by Brighton Development, Inc., generally located 1/2 mile East of S. Meridian Rd./SH-69 and 1/8 mile north of E. Lake Hazel Rd. BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: 7/25/2023 ORDER APPROVAL DATE: 8/8/2023 IN THE MATTER OF THE ) REQUEST FOR FINAL PLAT ) CONSISTING OF 55 RESIDENTIAL ) CASE NO. FP-2023-0010 BUILDING LOTS AND NINE (9) ) COMMON LOTS ON 12.64 ACRES ) ORDER OF CONDITIONAL OF LAND IN THE R-8 ZONING ) APPROVAL OF FINAL PLAT DISTRICT FOR APEX ) NORTHWEST SUBDIVISION NO. 4 ) BY: BRIGHTON DEVELOPMENT, ) INC. ) APPLICANT ) This matter coming before the City Council on July 25, 2023 for final plat approval pursuant to Unified Development Code (UDC) 11-6B-3 and the Council finding that the Administrative Review is complete by the Planning and Development Services Divisions of the Community Development Department, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat, the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of"PLAT SHOWING APEX NORTHWEST SUBDIVISION NO. 4, A PARCEL OF LAND SITUATED IN A PORTION OF THE SOUTHEAST '/, OF SECTION 31, TOWNSHIP 3 NORTH, RANGE 1 EAST, B.M., CITY OF MERIDIAN, ADA COUNTY, IDAHO, 2023, HANDWRITTEN DATE: ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR APEX NORTHWEST SUBDIVISION NO. 4 FP-2023-0010 Page 1 of 3 7/13/2023, by AARON L. BALLARD, PLS, SHEET 1 OF 5," is conditionally approved subject to those conditions of Staff as set forth in the staff report to the Mayor and City Council from the Planning and Development Services divisions of the Community Development Department dated July 25, 2023, a true and correct copy of which is attached hereto marked"Exhibit A" and by this reference incorporated herein, and the response letter from Jon Wardle, Brighton Development, a true and correct copy of which is attached hereto marked "Exhibit B" and by this reference incorporated herein. 2. The final plat upon which there is contained the certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 2.1 The plat dimensions are approved by the City Engineer; and 2.2 The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash surety has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code § 67-8003, the Owner may 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 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR APEX NORTHWEST SUBDIVISION NO. 4 FP-2023-0010 Page 2 of 3 issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian,pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty- eight(28) days after the date of this decision and order, seek a judicial review pursuant to Idaho Code§ 67-52. By action of the City Council at its regular meeting held on the 8th day of August , 2023. By: Robert E. Simison Mayor, City of Meridian Attest: Chris Johnson City Clerk Copy served upon the Applicant,Planning and Development Services Divisions of the Community Development Department and City Attorney. By: Dated: 8-8-2023 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR APEX NORTHWEST SUBDIVISION NO. 4 FP-2023-0010 Page 3 of 3 EXHIBIT A STAFF REPORTC�WE COMMUNITY N -- COMMUNITY DEVELOPMENT DEPARTMENT A H O HEARING 7/25/2023 Legend DATE: TO: Mayor&City Council FROM: Sonya Allen,Associate Planner or 208-884-5533 - t �. 14 SUBJECT: Apex Northwest Subdivision No.4-FP FP-2023-0010 I I LOCATION: Generally located 1/2 mile east of S. Meridian Rd./SH-69 and 1/8 mile north of E. Lake Hazel Rd.,in the SE 1/4 of 000 Section 31,T.3N.,R.IE. I 5 I i I. PROJECT DESCRIPTION Final plat consisting of 55 residential lots and 9 common lots on 12.64 acres of land in the R-8 zoning district. IL APPLICANT INFORMATION A. Applicant: Josh Beach,Brighton Development, Inc.—2929 W. Navigator Dr., Ste. 400,Meridian,ID 83642 B. Owner Michael Hall, SCS Investments,LLC—855 W. Broad Street, Ste. 300,Boise,ID 83702 C. Applicant Representative: Same as Applicant III. STAFF ANALYSIS Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat(H-2021-0087,DA Inst. #2020-178120 Apex West)as required by UDC 11-613-3C.2. The submitted final plat is for the same number of building lots and common open space area approved with the preliminary plat; therefore,the proposed plat is in substantial compliance with the approved preliminary plat as required. Page 1 IV. DECISION A. Staff: Staff recommends approval of the proposed final plat with the conditions of approval in Section VI of this report. V. EXHIBITS A. Preliminary Plat(date: 3/7/2023) N oF�A�RR« APEX WEST SUBDIVISION PRELIMINARY PLAT VI°IEETMV:r-Z= A PARCELOF LAND SITUATED IN A PORTION OF THE SOUTHEAST 114,THE NORTHEAST 1/4 OF THE SOUTHWEST ....u*n�.d 1/4,AND THE SOUTHEAST 1/4 OF THE NORTHWEST 114 OF SECTION 31,TOWNSHIP 3 NORTH,RANGE I EAST, I: BOISE MERIDIAN,ADA COUNTY,IDAHO. £ ..SET , PRELIMINARY PLAT DNTA uyo�nn'u a�cuty rim �� -�-- `L---- LEII 49 � s -- - APE WFS SURC VISI 93 MERIDIAN,ID0.x0ON o�er¢I�oeEr � Skm Page 2 B. Final Plat(date: 7/13/2023) ,LurvD crane. ,tee- Purr OF see,eaxt x� APEX NORTHWEST SUBDIVISION No.4 A PARCEL OF L4xIQS TM INA PORTION OFTHE SOUTH 3J4 OF M"IJN 39.TOWWACP 3 NORTH,RANGE 1 EAST.6.M, CITY OF kAERIGetl6 ADA CQUNTY,LOAHO. 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I: DRIVE 1J y LOT 47 IS R NON BUILDABLE COMMON LOT NTH A R OF LT INGRES45.AND .EASEMENT IN FAVOR OF LOTS�-4,�5,AND 49.BLOCK 7 E-MRENRCHTSI- ENGI NEE PING y �'. tr2Mnwa ffa�Iml�m r a OF LOTS Exx.o � LOTS 43-46,BLOCK 7 [fl0FI 30 60 90gR.S❑ Plan Scale:l"=30' Y'py -16 77 � w Page 6 D. Landscape Plan(date: 11/17/22) NPEN SPAC EE--WI]JEU-1TOTALOPENEES�/ STREET TREE CALCOIATIONS 11TREEf35 LFI j � �� l TOTAL STREET 111EE5 a �•1eV �A //��/ `�� MICRO PATHWAY fALQ11ATIOH5II IRETJ1RNlfl„� m � TOTAL PATH WAY 1REF5 III MRIGATION REOIIIREMENLS�� m g9 TOTAL INEES REONIREOfPROVI OEO It 0 emnseuaw m..... L�SF g G a TM , me.. ....--,._ k o .g m LANp$CAPECDVER �� LLo �m.e,mx.w sum wrieR u �^�s..d — _ ,. ewx ue.¢monaamrmavreav mo xrmEa an ur e mn tl� Il I � i ��• ® ® ® ® ® ® ® ® ® ® ••' $ �'}O i.e....�rr.. n ......«v awe _ tar' w.ee.x.ne I I II 5 1 eyewwawmwvwun uenrew r e ., wmnaemee.eawa. Z eo m LANDSCAPE PLAN F l20 Page 7 P; f Ao� 77 � s e en-u—--me Ion71 e F km •� III .' ®I .' nn � a S f (1 �5 �1FENCE ExHIBIT a t LdA Page 8 VI. CITY/AGENCY COMMENTS & CONDITIONS A. Planning Division Site Specific Conditions: 1. Applicant shall comply with all previous conditions of approval associated with this development:H-2021-0087(preliminary plat) and Development Agreement Inst. #2020- 178120 Apex West; and H-2020-0117 Development Agreement Inst. #2021-102396 Shafer View Terrace. 2. The applicant shall obtain the City Engineer's signature on the final plat within two(2)years of City Council's approval of the previous phase final plat, in accord with UDC 11-613-7, in order for the preliminary plat to remain valid; or,a time extension may be requested. 3. Prior to submittal for the City Engineer's signature,have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. The final plat shown in Section V.B,prepared by KM Engineering, stamped on 07/13/23 by Aaron L. Ballard, shall be revised prior to signature on the final plat by the City Engineer, as follows: a. Note#10: Include recorded instrument numbers of public right-of-way easement (sidewalk). b. Note#13: ". . . and Lot 1,Block 4­5 14 . . ." c. Delete Note#16. This section of E. Crescendo St. is not designated as a collector street on the Master Street Map; a street buffer is not required. d. Note#18: ". . . Lot 1,Block 44 14 . . ."—Include recorded instrument number of City of Meridian sewer easement. e. Note#19: "Direct lot or parcel access to S. GmineAiefl Ave. er E. Take 14aze Rd-. S. Sublimity Ave. is prohibited."No lots abut S. Culmination Ave. or Lake Hazel Rd.; Sublimity is a designated residential collector street. f. Include the recorded instrument number of the City of Meridian easement graphically depicted on the plat. g. Include the recorded instrument number of the City of Meridian pathway easement graphically depicted on the plat. h. Include the recorded instrument number of the City of Meridian sewer easement graphically depicted on the plat. 5. The landscape plan shown in Section V.D,prepared by KM Engineering, dated 11/17/22 and stamped by Alyssa Yensen, shall be revised prior to signature on the final plat by the City Engineer,as follows: a. Depict additional landscaping within street buffers as set forth in UDC 11-3B-7C.Note: These standards were recently revised. b. All required landscape areas shall be at least 70%covered with vegetation at maturity, with mulch used under and around the plants in accord with UDC 11-3B-5N. Either depict detailed landscaping in the areas where a cross-hatch symbol is used for shrubs, perennials or grasses that demonstrates compliance with this requirement; or,include a note in the plant schedule for the cross-hatched area that states compliance with this standard. Page 9 c. Include the entire boundary of the final plat in the landscape plan(i.e. include landscaping along the west side of S. Sublimity Ave. to the south of E. Phenomenal St.). 6. Future development shall be consistent with the minimum dimensional standards listed in UDC Table 11-2A-6 for the R-8 zoning district. 7. Off-street parking is required to be provided for all residential units in accord with the standards listed in UDC Table 11-3C-6 based on the number of bedrooms per unit. 8. All waterways on this site shall be piped as set forth in UDC 11-3A-6B unless otherwise waived by City Council. 9. Homes on lots that abut the collector street(i.e. S. Sublimity Ave.)_will be highly visible; therefore,the rear and/or side of structures on these lots (i.e. Lots 46 and 49-55, Block 7 and Lot 10,Block 11) should incorporate articulation through changes in two or more of the following: modulation(e.g.projections,recesses, step-backs,pop-outs),bays,banding, porches,balconies,material types, or other integrated architectural elements to break up monotonous wall planes and roof lines that are visible from the subject public street. Single- story structures are exempt from this requirement. 10. Comply with the standards for common driveways listed in UDC 11-6C-3D. 11. Comply with the standards for alleys listed in UDC 11-6C-3B.5. 12. Staff s failure to cite specific ordinance provisions or conditions from the preliminary plat and/or development agreement does not relieve the Applicant of responsibility for compliance. B. PUBLIC WORKS https:llweblink.meridiancily.org/WebLink/Doc View.aspx?id=301650&dbid=0&repo=MeridianC ky Page 10 EXHIBIT B From: Jon Wardle To: Sonya Allen Subject: Re: [EXTERNAL]Apex Northwest No.4 FP-2023-0010 Staff Report for Council Meeting on July 25th Date: Wednesday,July 19,2023 2:50:10 PM External Sender-Please use caution with links or attachments. Sonya, Yes, we are in agreement with the Conditions in the staff report. Jon Wardle BRIGHTON—Creating GREAT Places D: 208.287.0518 C: 208.871.9361 E: iwardle(@brightoncorp.com On Jul 19, 2023, at 2:41 PM, Sonya Allen<sallen@meridiancity.org>wrote: Hi Jon, Are you in agreement with the staff report provisions? Thanks, Sonya Allen I Associate Planner City of Meridian I Community Development Department I Planning Division 33 E. Broadway Ave., Ste. 102, Meridian, Idaho 83642 Phone: 208-884-5533 1 Direct/Fax: 208-489-0578 <image001.94 Built for Business, Designed for Living All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to the Idaho law, in regards to both release and retention,and may be released upon request, unless exempt from disclosure by law. From:Jon Wardle<jwardle@bightoncorp.com> Sent: Friday,July 14, 2023 2:18 PM To: Sonya Allen <sallen@meridiancity.org> Subject: Re: [EXTERNAL] Apex Northwest No. 4 FP-2023-0010 Staff Report for Council Meeting on July 25th External Sender-Please use caution with links or attachments. Got it. I will review E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Final Order for PAW Subdivision (FP-2022-0034) by Kent Brown Planning Services, located at 1680 W. Ustick Rd. BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: JULY 18, 2023 ORDER APPROVAL DATE: AUGUST 8, 2023 IN THE MATTER OF THE ) REQUEST FOR FINAL PLAT ) CONSISTING OF 1 COMMERCIAL ) CASE NO. FP-2022-0034 LOT, 2 VERTICALLY ) INTEGRATED BUILDING LOTS ) ORDER OF CONDITIONAL CONTAINING 12 RESIDENTIAL ) APPROVAL OF FINAL PLAT UNITS,33 SINGLE-FAMILY ) BUILDING LOTS,AND 10 ) COMMON LOTS ON 4.77 ACRES ) OF LAND IN THE C-C AND R-40 ) ZONING DISTRICTS FOR PAW ) SUBDIVISION. ) BY: KENT BROWN PLANNING SERVICES APPLICANT This matter coming before the City Council on July 18, 2023 for final plat approval pursuant to Unified Development Code (UDC) 11-6B-3 and the Council finding that the Administrative Review is complete by the Planning and Development Services Divisions of the Community Development Department, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat, the Council takes the following action: ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR(PAW SUBDIVISION—FILE FP-2022-0034) Page 1 of 4 IT IS HEREBY ORDERED THAT: 1. The Final Plat of"PLAT SHOWING PAW SUBDIVISION, LOCATED IN THE SE '/4 OF THE SE 1/4 OF SECTION 35, TOWNSHIP 4N., RANGE 1W., BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, 2022, HANDWRITTEN DATE: OCTOBER 3, 2022, by CLINTEN W. HANSEN, PLS, SHEET 1 OF 5," is conditionally approved subject to those conditions of Staff as set forth in the staff report to the Mayor and City Council from the Planning and Development Services divisions of the Community Development Department dated July 18, 2023, a true and correct copy of which is attached hereto marked"Exhibit A" and by this reference incorporated herein, and the response letter from Kent Brown Planning Services, a true and correct copy of which is attached hereto marked "Exhibit B" and by this reference incorporated herein. 2. The final plat upon which there is contained the certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 2.1 The plat dimensions are approved by the City Engineer; and 2.2 The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash surety has been issued guaranteeing the completion of off-site and required on-site improvements. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR(PAW SUBDIVISION—FILE FP-2022-0034) Page 2 of 4 NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code § 67-8003, the Owner may 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. Please take notice that this is a final action of the governing body of the City of Meridian,pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty- eight(28) days after the date of this decision and order, seek a judicial review pursuant to Idaho Code§ 67-52. By action of the City Council at its regular meeting held on the 8th day of August , 2023. By: Robert E. Simison Mayor, City of Meridian Attest: Chris Johnson City Clerk ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR(PAW SUBDIVISION—FILE FP-2022-0034) Page 3 of 4 Copy served upon the Applicant,Planning and Development Services Divisions of the Community Development Department and City Attorney. By: Dated: 8-8-2023 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR(PAW SUBDIVISION—FILE FP-2022-0034) Page 4 of 4 EXHIBIT A STAFF REPORT E COMMUNITY N -- COMMUNITY DEVELOPMENT DEPARTMENT HEARING July 18,2023 Legend DATE: L-O Project Location TO: Mayor&City Council �`���� ,��� v R-4 R-4 FROM: Stacy Hersh, Associate Planner ffi RUT BRUT R � 208-884-5533 R'-- SUBJECT: PAW Subdivision ° R1 R® R_15 C-G C=C A a C-�N- FP-2022-0034 �® IR-15 1 _ LOCATION: 1680 W.Ustick Road in the SE /4 of the � � ��R�� SE of Section 25,Township 4N., - ® RUT R-8 '/4 Range 1W(Parcel#SO435449705 & ® � � RUT SO435449025) � $1�mTfl7rm ,Tr(fl,T,rrrrll-R,..�,-`8- RUT 1. PROJECT DESCRIPTION The Applicant proposes a Final Plat consisting of one (1)commercial lot,two(2)vertically integrated building lots containing 12 residential units, 33 single family residential lots,and ten(10)common lots on 4.77 acres of land in the C-C and R-40 zoning districts. II. APPLICANT INFORMATION A. Applicant: Kent Brown,Kent Brown Planning Services 3161 E. Springwood Drive, Meridian, ID 83642 B. Owner: Kevin Amar,Rama Group LLC— 1580 W. Cayuse Creek Drive,Meridian, ID 83646 C. Representative: Same as Applicant III. STAFF ANALYSIS Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat(Pavilion at Windsong Subdivision CUP,MDA,PP, RZ, PS H-2021-0102) as required by UDC 11-613-3C.2. The submitted final plat is for the same number of building lots and common lots approved with the preliminary plat;therefore, staff deems the final plat in substantial compliance with the approved preliminary plat as required. Pagel IV. DECISION Staff- Staff recommends approval of the proposed final plat with the conditions noted in Section VI of this report. V. EXHIBITS A. Preliminary Plat(date: 9/22/2021) g P PU BYD UT FOR y 31 I fi ss Mwv a } n ®PLAN SHEET INDEX Auz ! wawa. was,mwwr wn oco.s -nuucw"'r�"Pxavrxncs 1 T TO - . 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Landscape Plan(dated: 6/16/23) awouw - e� r F 1 o mnrrh-r N ...............r '- I ' I i O - - H-r I el it I + I --r •_==-___----=—r•==- ---`_--�- J,�IIIIIIIIIIIII�1' nevus -- ----- - - � _Lion .� r------------------------------------ ----7 -.�....._.. ••� I �®- ' O m. JACCESS DRIVE o eu xc a o R,: E— E r p _L_ w ceossvnNo FT. I s C.)I BLOCK 3 COD I o I W HOMESTAKE LNG - .Q Iy �/ Jill III �- ---- --_-=o---- L101 � Page 5 —" GROUP ���®_ L--- - ----- -- -- -- - -- -- - E_--- --- -- EVIWIN E ' !1 N I I r— I I a�• I F _ FT �- -------- - _-___--------- ---------- t ——4 Isnosrsre 4 —L102 q Page 6 VI. CITY/AGENCY COMMENTS & CONDITIONS A. Planning Division Site Specific Conditions: 1. Applicant shall comply with all previous conditions of approval associated with this development(CUP,MDA,PP, RZ, PS H-2021-0102,Development Agreement#2022- 063228). 2. The applicant shall obtain the City Engineer's signature on the subject final plat within two years of the City Council's approval of the preliminary plat(June 7,2024),the preliminary plat shall become null and void unless a time extension is obtained,per UDC 11-613-7. 3. Prior to submittal for the City Engineer's signature,have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. The final plat prepared by Clinton W. Hansen,Bailey Engineering,Inc., dated 10/3/2022, included in Section VII.B shall be revised as follows: a. Note#14: Include recorded instrument number of City of Meridian water and sewer easement. b. Note#16: Include responsible party or parties for repair and maintenance of the private street and submit the documentation/contract to the City. c. Note#17: Include recorded instrument number of ACHD license agreement. d. Note#18: Include recorded instrument number of City of Meridian development agreement. 5. The landscape plan prepared by Stack Rock Group, dated 6/16/23, shall be revised as follows: a. Depict the width of the pathways along W. Ustick Road and N. Linder Road. b. Depict landscaping in the buffers along N. Linder Road and W. Ustick Road per the standards listed in UDC 11-3B-7C (all required landscape buffers along streets shall be designed and planted with a variety of trees, shrubs, lawn, or other vegetative ground cover. Plant materials in conjunction with site design shall elicit design principles including rhythm,repetition,balance, and focal elements). 6. Obtain approval for the proposed street names for each private road along the north boundary serving access to the residential units. 7. Future development of this site shall be generally consistent with the conceptual site plan, landscape plan, and elevations approved with H-2021-0102 included in the Development Agreement. 8. At the time of CZC or plat,public accessibility for the central open space shall be specified in the CC&Rs,maintenance agreement or property owner's association agreement. 9. At the time of CZC or plat,an executed shared-parking agreement between the commercial lots and the vertically integrated structures shall be submitted. 10. All private streets shall meet the requirements of UDC 11-3F-4. 11. All common lots,streets and alleys shall meet the requirements of UDC 11-6C-3. 12. There should be a consistent architectural theme throughout the development. Administrative design review will be required for all new attached residential structures containing two (2) or Page 7 more dwelling units. Design review and certificate of zoning compliance will be required for any commercial buildings or vertically-integrated buildings. 13. The developer shall comply with the specific use standards for vertically-integrated projects as listed in UDC 11-4-3-41. 14. A conditional use permit shall be required for the drive through establishment shown on the commercial lot. 15. Direct access to N. Linder Rd. and W. Ustick Rd. is prohibited. All existing curb cuts shall be replaced with curb, gutter and sidewalk. 16. Construct all off-street parking areas consistent with the standards as set forth in UDC 11-3C-1. 17. Protect any existing trees on the subject property that are greater than four-inch caliper and/or mitigate for the loss of such trees as set forth in UDC 11-3B-10. 18. Staff s failure to cite specific ordinance provisions or conditions from the preliminary plat and/or development agreement does not relieve the Applicant of responsibility for compliance. B. Public Works Site Specific Conditions: 1. Sewer and water running in parallel require 30ft easement. 2. Ensure no permanent structures (trees, bushes, buildings, carports, trash receptacle walls, fences,infiltration trenches,light poles, etc.)are built within the utility easement. 3. Ensure no sewer services pass through infiltration trenches. 4. Water lines, fire hydrants and services up to the meter require 20' easements. Easement to extend 10'beyond fire hydrant,water meters or termination of the main. 5. Ensure no permanent structures (trees, bushes, buildings, carports, trash receptacle walls, fences, infiltration trenches, light poles, etc.)are built within the utility easement. 6. Streetlights must be activated and record drawings approved prior to any form of occupancy. General Conditions: 7. Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. The applicant shall install mains to and through this subdivision;applicant shall coordinate main size and routing with the Public Works Department,and execute standard forms of easements for any mains that are required to provide service. 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. 8. Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 9. 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. 10. Upon installation of the landscaping and prior to inspection by Planning Department staff,the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. Page 8 11. A letter of credit or cash surety in the amount of 110% will be required for all incomplete fencing, landscaping, amenities,pressurized irrigation,prior to signature on the final plat. 12. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water 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 applicant shall be required to enter into a Development Surety Agreement with the City of Meridian. 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. 13. 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, and water infrastructure for a duration of two years. This surety amount will be verified by a line item final cost invoicing 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. 14. In the event that an applicant and/or owner cannot complete non-life,non-safety and non-health improvements, prior to City Engineer signature on the final plat and/or prior to occupancy, a surety agreement may be approved as set forth in UDC 11-5C-3C. 15. 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. 16. 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. 17. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 18. Developer shall coordinate mailbox locations with the Meridian Post Office. 19. All grading of the site shall be performed in conformance with MCC 11-1-413. 20. 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. 21. 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. 22. 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. 23. 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 proj ect. 24. Street light plan requirements are listed in section 6-7 of the Improvement Standards for Street Page 9 Lighting (http://www.meridiancity.org/public_works.aspx?id=272). 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. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 25. 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 I" 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 signature of the final plat by the City Engineer. 26. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 27. 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 Water Department at (208)888-5242 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. 28. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact the Central District Health Department for abandonment procedures and inspections. 29. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(MCC 9-1-28.C.1).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 development plan approval. 30. 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. Page 10 EXHIBIT B From: kent brown To: Stacy Hersh Cc: Bill Parsons;Bill Narv; Kurt Starman;Chris Johnson;Joy Hall;Charlene Wav;ieremv(ftiltmoreco.com Subject: Re: PAW Subdivision FP-2022-0034 Final Plat Date: Tuesday,July 11,2023 5:06:09 PM External Sender-Please use caution with links or attachments. Stacy my clients have reviewed the conditions of approval and are in agreement with those conditions. Kent Brown On Tue, Jul 11, 2023 at 1:42 PM Stacy Hersh<shersh c&meridiancity.org>wrote: Good Afternoon, Attached is the staff report for the final plat for PAW(Pavilion at Windsong) Subdivision. This item is scheduled to be on the consent agenda at the City Council work session on July 18, 2023. The meeting will be held at City Hall, 33 E. Broadway Avenue,beginning at 4:30 pm. Please call or e-mail with any questions. If you are not in agreement with the provisions in the staff report, please submit a written response to the staff report to the City Clerk's office (comment(c�r�,meridiancity.org) and me as soon as possible and the item will be placed on the regular meeting agenda at a subsequent meeting for discussion. Best regards, Stacy Hersh I Associate Planner City of Meridian I Community Development Department 33 E. Broadway Ave., Meridian, Idaho 83642 Phone: (208)-489-0576, Fax: (208)-887-1297 �E IID� Built for Business, Designed for Living All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to the Idaho law, in regards to both release and retention,and may be released upon request,unless exempt from disclosure by law. Kent Brown Kent Brown Planning Services 3161 E. Springwood Drive Meridian, ID 83642 P: 208-871-6842 W IDIAN� AGENDA ITEM ITEM TOPIC: Final Order for Centerville Subdivision No. 1 (FP-2023-0009), by Kent Brown Planning Services, generally located at the southeast corner of E. Amity Rd. and S. Hillsdale Ave. BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: JULY 25, 2023 ORDER APPROVAL DATE: AUGUST 8, 2023 IN THE MATTER OF THE ) REQUEST FOR FINAL PLAT ) CONSISTING OF 89 BUILDING ) CASE NO. FP-2023-0009 LOTS AND 13 COMMON LOTS ON ) 14.44 ACRES OF LAND IN THE R-8 ) ORDER OF CONDITIONAL AND R-15 ZONING DISTRICTS ) APPROVAL OF FINAL PLAT FOR CENTERVILLE ) SUBDIVISION NO. 1. ) BY: KENT BROWN PLANNING ) SERVICES ) APPLICANT ) This matter coming before the City Council on July 25, 2023 for final plat approval pursuant to Unified Development Code (UDC) 11-6B-3 and the Council finding that the Administrative Review is complete by the Planning and Development Services Divisions of the Community Development Department, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat, the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of"PLAT SHOWING CENTERVILE SUBDIVISION NO. 1 SUBDIVISION, LOCATED IN THE NW '/4 OF THE NE '/4 OF SECTION 33, TOWNSHIP 3N, RANGE IE, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, 2023, HANDWRITTEN DATE: 05/01/2023, by CLINTON ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR(CENTERVILLE NO. 1 FP,ALT—FILE FP-2023-0009) Page 1 of 3 W. HANSEN, PLS, SHEET I OF 5," is conditionally approved subject to those conditions of Staff as set forth in the staff report to the Mayor and City Council from the Planning and Development Services divisions of the Community Development Department dated July 25, 2023, a true and correct copy of which is attached hereto marked"Exhibit A" and by this reference incorporated herein, and the response letter from Kent Brown, a true and correct copy of which is attached hereto marked"Exhibit B" and by this reference incorporated herein. 2. The final plat upon which there is contained the certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 2.1 The plat dimensions are approved by the City Engineer; and 2.2 The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash surety has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code § 67-8003, the Owner may 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. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR(CENTERVILLE NO. 1 FP,ALT—FILE FP-2023-0009) Page 2 of 3 Please take notice that this is a final action of the governing body of the City of Meridian,pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty- eight(28) days after the date of this decision and order, seek a judicial review pursuant to Idaho Code§ 67-52. By action of the City Council at its regular meeting held on the 8th day of Agust , 2023. By: Robert E. Simison Mayor, City of Meridian Attest: Chris Johnson City Clerk Copy served upon the Applicant,Planning and Development Services Divisions of the Community Development Department and City Attorney. By: Dated: 8-8-2023 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR(CENTERVILLE NO. 1 FP,ALT—FILE FP-2023-0009) Page 3 of 3 EXHIBIT A STAFF REPORT E COMMUNITY N -- COMMUNITY DEVELOPMENT DEPARTMENT HEARING 7/25/2023 Legend DATE: a Project Location TO: Mayor&City Council d FROM: Stacy Hersh,Associate Planner 208-884-5533 r: SUBJECT: Centerville No. 1 —FP ALT FP-2023-0009/A-2023-0090 LOCATION: Southeast corner of S. Hillsdale and E. I Amity,in the NW 1/4 of the NE 1/4 of Section 33,Township 3N.,Range IE. I. PROJECT DESCRIPTION Final plat consisting of 89 single-family residential building lots and 13 common lots on 14.44 acres of land in the R-8 and R-15 zoning district for Centerville Subdivision No. 1. II. APPLICANT INFORMATION A. Applicant: Kent Brown,Kent Brown Planning Services—3161 W. Springwood Drive,Meridian, ID 83642 B. Owner: Corey Barton,Endurance Holdings,LLC— 1977 E. Overland Road,Meridian, ID 83642 C. Representative: Same as Applicant III. STAFF ANALYSIS Staff has reviewed the proposed final plat for substantial compliance with the preliminary plat(H- 2021-0046) and associated conditions of approval as required by UDC 11-6B-3C.2. There is the same number of buildable lots and common open space depicted on the proposed final plat as shown on the approved preliminary plat. Therefore, Staff finds the proposed final plat is in substantial compliance with the approved preliminary plat as required. The Applicant is requesting alternative compliance to UDC I I-3B-12,which requires a landscape strip a minimum of five(5)feet wide to be provided along each side of the pathway. During the Preliminary Plat approval for Centerville Subdivision,condition#5 in the Staff Report required Page 1 submission of Alternative Compliance with the first phase of development to ensure adequate landscaping alternatives for the multi-use pathway along the Cunningham Lateral. However, due to the piped section of the Cunningham Lateral near the northeast corner of S. Hillsdale Avenue and E. Mardia Street,meeting the UDC requirements for landscaping on both sides of the pathway presents challenges. The Cunningham Lateral falls within a Bureau of Reclamation(BOR) easement of forty- two (42)feet in width,which prohibits the Applicant to install trees within the easement. However, numerous existing trees are present along the entire southern boundary adjacent to the Cunningham Lateral easement and pathway. Most of the trees were installed with the development to the south (Howry Lane Subdivision)which includes a 75-foot older tall tree. These existing trees are located outside of the BOR easement and provide shade and visual interest for pedestrians utilizing the proposed pathway. The Bureau of Reclamation mandates a 12-foot wide graveled service road for the maintenance of the Cunningham Lateral. This service road/pathway is situated 8-feet south of the northern boundary of the easement and 8-feet west of the eastern boundary line. To enhance the pathway,the Applicant intends to install landscaping within the approximately 8-feet area north and east of the service road/pathway, featuring perma bark and shrubs along the fencing and future home backyards. Additionally,the Applicant plans to install trees along the east side of Hillsdale Avenue outside of the Cunningham Lateral, as depicted on the landscape plan. Based on the Findings in Section VII,the Director finds the proposed landscaping alternatives to be an acceptable and equal means of meeting the intent of the code requirement. IV. DECISION A. Staff: Staff recommends approval of the proposed final plat with the conditions of approval in Section VI of this report. The Director approved the request for Alternative Compliance to UDC 11-3B- 12 per the Findings in Section V11. Page 2 V. EXHIBITS A. Preliminary Plat(date 10/8/2021) 01- .. ,...y -771 e�°1 it � -! �• � p5 � -m e - .�...„� 3 S��6z� PRE 1 '�� f C � -�• ! 1• 3' - I � Htu� A N Y�1 - y- It e � • 3�m PRE-2 Page 3 �.�',-",', � —= a -' ..� g -• '��� �. ���� x y z r s.r��r sccnoi:�P KyR#YdY WFIM OWN.-DgM%t rt�b.VA PRE-3 Page 4 B. Final Plat(date: 5/l/2023) PLAT SHoina CENTER I'Il.1J..' :�l'WP 11S IGA' BYO. i �o tR SF wa aaa:P WAXK-Or wlnme Holm■,maw ne x PdLal■I eF La,l o-'o. �raae�.�iewmx i`e:s[■diablrL Iw. enran a.nar ooualn�nwo •-�,_, .■lar ea �"� a �,ewt . v a>oa "�m• �� w ��eurrarr lash" •nrwr.ar ,+ ,en r 4 noh u r....�.��..,.w.•w r..d..w ■�"'�"'."a.. ` �I■ea�..a><. Iea�d4Qi1a-.e ��`�"��'�.."'d.�"^'d.w.. r.v..•�• ".!rasa..�h.l$�Gae.'--a+.'.�...... p .� rT Z-7 'Talmo.lr w•r ww`w� I � ® �4� \a«.aarar.y, M �y�,�rwr.� � aaaf a...Mr•,aaaaaS f1KK I V' l �[ fir. }}nc r.wre.aaur �ve,t�i� � Q$ � ,� � � `'_ ��."►"�,�F Ir,.n�e'"+'l so."�'"ar a I •e w roll.sea � � •'rx'� • SUM ,arr, � ...�a Jr.lee., �' ■.. 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CMLEmMEm�h GjF NY1'1u ICMD rAKIM ,•.w m rae aurae . Page 6 ► �it .i W. f j�� ■! R 3 ii% if• ■■i 3 - i■ ■! 1f3°3� i, i■ ■i m 12 E i gglL li4aINS . ■�fal■ ■faM■ ■■ "•�-``� ��'� ems � �'� 9� '� . « ��+�r_ '�' .,I< °�"0.� .i�eP��r � t �ftr�:�fS��py��.y �/�a �� �� -` w�v4� +e��S•i4,i�'y,75I*�lGr�7�' ,��. aHromu a v v v o -o ����_ i111•'a -- — > •'�:-�-'"ems�`7�_�__��;;s'1, ,. --�,r�.r ��I► ,iJr.. � -- --- — _ .r�-tea. �:.` � ��� ��I _ ' --------- -��; s. •l _ w -------- __---®_ �. ------ z l_ r--------- S © r •, ,. _,_ r� cam_. `:-� F ...'�. a z N0T1! J F r- 11 i j s -------- PLM M L2 PLRNT 5GFiEDULE axll _s ..e D LU NOTG u� 4 (7 KE!rP �LAMOC M PLM „ L3 Page 8 WrI Rb. �••.• PLANT SGNECIILE r �3 ry7 kf` b ��...r... G F3 Y W �� J �wYu}n sows JLU a �f; n u . U I Ik I �rwa u L4 PLANT 5G4EDULE Ao __ rrae�cxrrrmeu _ ® .�.. o � ha e� LU J i I NOTE LU � r W W -I -1 U KE�.MAP • .oak '' M"I'll t n E. CKHAA�PTON Si. L► ••'"•"' L5 Page 9 PLANT 5CM PJl LE SL ��F: r -arm X AF .5z- R pR�1wg 9Tnrlxg ». - pq W NOTES 7 t mi J 5xae R�wT.n ^� �.�� .s..�•� .:"S�. ro�.W��.A.,.......a.,..�.�.,.� p>� a Z i LANDSCAPE CALCULATIONS R�N18r-CVf BE➢EPfiE .w a..wseawwxww�.nw.n e.w,.�o. .x ®.v; �� LiDWrAL@ H �© OP9!N51G Vl TTL f r �• M� �rus ���rww I.wnrMaw r�ra4 •••Aame•• M L8 ® �� AMENITIES EXHIBI7 FOR 5 �CHN7'ERL7I].S SUBDIVISION i crrun MN TERN C1T: TOT PUY oa w 0 EK71i m K g ` 71 o o: Page 10 D. Alternative Compliance Detail x� (1i l77, — r . 1�r 3-IH 6' VISIOf1 •IdJ C ]-9H Vix T Tr �r -SF _ ra . I sue" — — `8/C4E56 Apr E. FOCKHAMPTON ST. EXISTING TREES ALONG THE SOUTH BOUNDARY ADJACENT TO CUNNINGHAM LATERAL I �' _•,yam, .Y' _.r-+2S �":a�t.��;X�'C' 3` +�`�"�C -�.. es .�(' y Page 11 E. Open Space Exhibit - - - - ------_.._----- -.. _ _ _ _ _________ CENTERVILLE PHASE 1 OPEN SPACE I awr m RRj RAM LOEo H SO�Ff. ACRES TYPE USE x OU/11Flm TOTAL ` I F 14W2 0.33 x BOFF[R 0 O / BL0iK11 COE1NO ® ® 0 ® ® ® ® ® ® OPEN SPACE El0IIS1T FOR 1��83 4.1 cONNon euFFEx o 0 :CBN'1'ERVIILE SUMMS[ON NO. 1 BLOL 3 3102 0.07 COMMON ENOCAP 0 0 12217 0.2R OPEN OPEN PARK 100 0.2xS-Rm / LOT 25 2394 0.05 COMWON DRNE 0 0 r � Q , LOT 32 1006 0.02 COMIId1 ENDCAF 0 0 • COAIMOH HOT CPEH BLLOTK04 BOS D.02 DOMMOx su°�A D D "BLOC'. B3611 1.Q2 OPEN OPEN PARK 100 1.92 Um 1 >O 0.02 COMMON BUFFER nE7 0 0 �� 1006 0.02 CONNOX0 0 CtrL1NxuE BLOCK EO]11 31 yD 0.01 DD11110x o D I _ W.Ole 1x 9LOL11 15 BLS 0.02 COMMOn 0 0 ——.srwwxe u------- lob LO]S LOT BLOLI(6 1]95 0.04 WMMON 016 2Mas��'�h7M WiIA LOT j ;p WOS5 0fl�h �O I W eo/law-s.a1 X z a — r I W t W — L� �' 7 W pQ)I . . . . . . . 1 0� W W 0oH Page 12 F. Common Drive Exhibits 0 1 r , r---- ----,__�------ i 1Ol BLDG AREA '� 10 t 1564 SF , ;1 'FRONT OF LOT , y L 41 5 1 1L 7 -- - ---------,--�---- ------- I i w I ] � BLDO AREA 10 k 1564 SIF , I - FRONT OF LOT � 1!7 i , L-FRONT i EA 1 0 10 1@2 J T 1 , ' Lo CFNTFRVILLE SUB NO . 1 LOTS 12 , 13 & 14 BLOCK SHARED ACCESS tWailley Engineering, Inc. 0 1 20 40CIVIL ENGINEERING+ PLANNING I CADD 1119t$TATl=8lW&Ll,&Jilt110 ILL Mi-SM-M1:3 SCALE IN FEET EAGLE.ID aM16 w w.ba"ng,neemwfn 1"=20' Page 13 O e O ----- -- - r I I � I I I I I I i J I I I I 20 1 (4 1 1 4 ~ --15' BLDG AREA I3LDG AR A 5' - BLDG AREA 11430 SF 1650 SF I LL1595 SF i I ' 0 ' I I I I I / f i r : i /•� - Tom+ J I rol r / r/ +/•/ ENTERVILLE SUB NO , I LOTS 22 , 23 & 24 BLOCK SHARED ACCESS alley Engineering, Inc. 2a 0 10 20 40 CIVIL ENGINEERING I PLANNING I CADD 1119 E.STATE STREET,SUITE 210 TEL 208-938-0013 SCALE IN FEET EAGLE,I❑63616 www_baileyengineare.com 1"=20' Page 14 F. Conceptual Elevations CBH :v CENTERVILLE SINGLE FAMILY UN 50'WIDE LOTS IAP E�,m I '47 1 �g-mn ';, CBH .n. CENTERVILLE SINGLE FAMILY ON 36'WIDE LOTS ee +�H � 2 ®rrrri®® Page 15 II ��I 'IIII �1 - CENTERVILLE 3-UNIT TOWNHOME TYPE 1 CBH •a Kas CENTERVILLE FRONT tOAQ TOWNHOME Page 17 VI. CITY/AGENCY COMMENTS & CONDITIONS A. Planning Division Site Specific Conditions: 1. Applicant shall comply with all previous conditions of approval associated with this development [H-2022-0046 (DA Inst. #2022-084254)]. 2. The applicant shall obtain the City Engineer's signature on the final plat within two(2)years of approval of the preliminary plat(by August 9,2024); or, a time extension may be requested. 3. Prior to submittal for the City Engineer's signature,have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. The final plat shown in Section V.B prepared by Clinton W. Hansen Bailey Engineering,Inc., shall be revised as follows: a. Note #6: Include the recorded instrument number of the ACHD landscape license agreement. b. Note #7: Include the recorded instrument number of the existing City of Meridian Development Agreement. c. Note#10: Include the recorded instrument number of the ingress/egress easement for Lots 22 -24,Block 3,Lot 11, Block 5, and Lots 12 -14,Block 5. d. Note #11: Include the recorded instrument number of the City of Meridian Utility easement. e. Note #12: Include the recorded instrument number of the ACHD offsite storm drain permanent easement. An electronic copy of the revised plat shall be submitted with the final plat for City Engineer signature. 5. The landscape plan shown in Section V.C,dated 5/22/23 prepared by Jensen Belts Associates, PLLC, shall be revised as follows: a. Revise the landscape plan to include all of the frontage improvements along the roadways. b. The Applicant shall ensure that there is adequate space between the units for the pedestrian connections. An electronic copy of the revised landscape plan shall be submitted with the final plat for City Engineer signature. 6. The elevations/facades of 2-story structures that face E.Amity Road,an entryway corridor, and S. Hillsdale Avenue Street,a collector street, shall incorporate articulation through changes in two or more of the following: modulation(e.g.projections,recesses, step-backs, pop-outs),bays,banding,porches,balconies,material types, or other integrated architectural elements to break up monotonous wall planes and roof lines that are visible from the subject public street. Single-story structures are exempt from this requirement. 7. With the first phase of development,the Applicant shall construct a dedicated westbound and eastbound turn lane on E. Amity Road at the S. Amorita Avenue entrance(as labeled on the preliminary plat)and construct an interim signal at the E.Amity Road and S. Hillsdale Avenue intersection. Page 18 8. No building permits shall be submitted until the final plat for the associated phase is recorded. 9. The required landscape street buffers and detached pedestrian facilities shall be constructed and vegetated with the first phase of development along E. Amity Road and S. Hillsdale Avenue, including a 10-foot wide sidewalk along the Hillsdale frontage as required by City Council. 10. The Applicant shall pipe and reroute the Cunningham Lateral segment present on this property and comply with the standards in UDC 11-3A-6,per the submitted preliminary plat and concept plan. 11. The Applicant shall comply with all ACED conditions of approval. 12. The Applicant shall obtain Administrative Design Review approval for the townhomes with submittal of the first final plat phase which contains this use. 13. The Applicant shall obtain Administrative Design Review and Certificate of Zoning Compliance approval for each commercial building and pool/changing rooms consistent with UDC requirements prior to building permit submittal for each building; 14. The Applicant shall obtain Administrative Design Review approval for the townhomes with submittal of the first final plat phase which contains this use 15. Comply with the outdoor service and equipment area standards as set forth in UDC 11-3A- 3A-15,UDC 11-3B-6, and MCC 9-1-28. 16. The Director approved alternative compliance to UDC 11-3B-12 as an adequate alternative for the required pathway landscape requirements for the proposed gravel path over the Cunningham Lateral in the southwest corner of the site as shown in Section V.D. 17. The Applicant shall provide a letter from the United States Postal Service stating that the applicant has received approval for the location of mailboxes.Contact the Meridian Postmaster, Sue Prescott, at 887-1620 for more information. 18. Prior to issuance of Certificate of Occupancy on any building,the applicant shall submit public access easements for any multi-use pathway proposed with the development to the Planning Division for approval by City Council and subsequent recordation. 19. Staff s failure to cite specific ordinance provisions or conditions from the preliminary plat and/or development agreement does not relieve the Applicant of responsibility for compliance. B. Public Works Site Specific Conditions: 1. Interior streetlights along all public roads are required and new streetlights,with a meter cabinet,will be required along E Amity Rd. General Conditions: 4. Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. The applicant shall install mains to and through this subdivision;applicant shall coordinate main size and routing with the Public Works Department,and execute standard forms of easements for any mains that are required to provide service. 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. Page 19 5. Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 6. 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. 7. Upon installation of the landscaping and prior to inspection by Planning Department staff,the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 8. A letter of credit or cash surety in the amount of 110% will be required for all incomplete fencing, landscaping, amenities,pressurized irrigation,prior to signature on the final plat. 9. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water 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 applicant shall be required to enter into a Development Surety Agreement with the City of Meridian. 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. 10. 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, and water infrastructure for a duration of two years. This surety amount will be verified by a line item final cost invoicing 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. 11. In the event that an applicant and/or owner cannot complete non-life,non-safety and non-health improvements, prior to City Engineer signature on the final plat and/or prior to occupancy, a surety agreement may be approved as set forth in UDC 11-5C-3C. 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. 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. 14. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 15. Developer shall coordinate mailbox locations with the Meridian Post Office. 16. All grading of the site shall be performed in conformance with MCC 11-1-4B. 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. 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. 19. The applicants design engineer shall be responsible for inspection of all irrigation and/or Page 20 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. 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. 21. Street light plan requirements are listed in section 6-7 of the Improvement Standards for Street Lighting (http://www.meridiancity.org/public_works.aspx?id=272). 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. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 22. 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 I" 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 signature of the final plat by the City Engineer. 23. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 24. Any wells that will not continue to be used must be properly abandoned according to Idaho Well Construction Standards Rules administered by the Idaho Department of Water Resources. The Developer's Engineer shall provide a statement addressing whether there are any existing wells in the development, and if so,how they will continue to be used, or provide record of their abandonment. 25. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact the Central District Health Department for abandonment procedures and inspections. 26. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(MCC 9-1-28.C.1).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 development plan approval. 27. 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 I I-3A-6. In performing such work,the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. Page 21 VII. FINDINGS A. Alternative Compliance(UDC 11-5B-5): In order to grant approval of an alternative compliance application,the Director shall determine the following: 1. Strict adherence or application of the requirements is not feasible; OR The Director finds strict adherence to the required finding for pathway landscaping listed in UDC 11-3B-12 which requires a landscape strip a minimum of five (5)feet wide to be provided along each side of the pathway is not feasible due to the Cunningham Lateral easement. 2. The alternative compliance provides an equal or superior means for meeting the requirements; and The Director finds the proposed alternative compliance of providing landscaping design within the 8-feet area north and east of the service road/pathway,featuring perma bark and shrubs along the fencing and future home backyards provides an equal means for meeting the requirement. 3. The alternative means will not be materially detrimental to the public welfare or impair the intended uses and character of the surrounding properties. The Director finds that the proposed alternative means of compliance will not be detrimental to the public welfare or impair the intended use%haracter of the surrounding properties. Page 22 EXHIBIT B From: kent brown To: Stacy Hersh Cc: Bill Nary;Bill Parsons; Kurt Starman;Chris Johnson;Joy Hall;Charlene Wav Subject: Re:Centerville No. 1 FP-2023-0009 Staff Report Date: Tuesday,July 18,2023 5:20:27 PM External Sender-Please use caution with links or attachments. Stacy,developers has reviewed the staff report and are in agreement and will comply Kent Brown On Tue, Jul 18, 2023, 9:45 AM Stacy Hersh<shersho,meridiancity.org>wrote: Good Morning, Attached is the staff report for the final plat for Centerville No. 1. This item is scheduled to be on the consent agenda at the City Council work session on July 25, 2023. The meeting will be held at City Hall, 33 E. Broadway Avenue, beginning at 4:30 pm. Please call or e- mail with any questions. If you are not in agreement with the provisions in the staff report, please submit a written response to the staff report to the City Clerk's office (comment ckmeridiancity.org) and me as soon as possible and the item will be placed on the regular meeting agenda at a subsequent meeting for discussion. Best regards, Stacy Hersh I Associate Planner City of Meridian I Community Development Department 33 E. Broadway Ave., Meridian, Idaho 83642 Phone: (208)-489-0576, Fax: (208)-887-1297 Built for Business, Designed for Living All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to the Idaho law, in regards to both release and retention,and may be released upon request,unless exempt from disclosure by law. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Final Order for Lennon Pointe Subdivision (FP-2023-0004), by Rodney Evans + Partners, LLC., located at the Southeast corner of N. Linder Rd. and W. Ustick Rd. BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: 7/25/2023 ORDER APPROVAL DATE: 8/8/2023 IN THE MATTER OF THE ) REQUEST FOR FINAL PLAT ) CONSISTING OF 43 BUILDING ) CASE NO. FP-2023-0004 LOTS AND SEVEN (7) COMMON ) LOTS ON 8.80-ACRES OF LAND IN ) ORDER OF CONDITIONAL THE R-15 AND C-C ZONING ) APPROVAL OF FINAL PLAT DISTRICTS FOR LENNON POINTE ) SUBDIVISION ) BY: RODNEY EVANS + ) PARTNERS, LLC ) APPLICANT ) This matter coming before the City Council on July 25, 2023 for final plat approval pursuant to Unified Development Code (UDC) 11-6B-3 and the Council finding that the Administrative Review is complete by the Planning and Development Services Divisions of the Community Development Department, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat, the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of"PLAT SHOWING LENNON POINTE SUBDIVISION, SITUATE IN GOVERNMENT LOT 4, SECTION 1 TOWNSHIP 3 NORTH, RANGE I WEST, BOISE MERIDIAN, CITY OF MERIDIAN,ADA COUNTY, IDAHO, 2023, HANDWRITTEN DATE: 7/18/2023, by RONALD M. HODGE, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR LENNON POINTE SUBDIVISION FP-2023-0004 Page 1 of 3 PLS, SHEET 1 OF 6," is conditionally approved subject to those conditions of Staff as set forth in the staff report to the Mayor and City Council from the Planning and Development Services divisions of the Community Development Department dated July 25, 2023, a true and correct copy of which is attached hereto marked"Exhibit A" and by this reference incorporated herein, and the response letter from Ben Semple, Rodney Evans+Partners, LLC, a true and correct copy of which is attached hereto marked "Exhibit B" and by this reference incorporated herein. 2. The final plat upon which there is contained the certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 2.1 The plat dimensions are approved by the City Engineer; and 2.2 The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash surety has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code § 67-8003, the Owner may 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 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR LENNON POINTE SUBDIVISION FP-2023-0004 Page 2 of 3 issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian,pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty- eight(28) days after the date of this decision and order, seek a judicial review pursuant to Idaho Code§ 67-52. By action of the City Council at its regular meeting held on the 8th day of August , 2023. By: Robert E. Simison Mayor, City of Meridian Attest: Chris Johnson City Clerk Copy served upon the Applicant,Planning and Development Services Divisions of the Community Development Department and City Attorney. By: Dated: 8-8-2023 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR LENNON POINTE SUBDIVISION FP-2023-0004 Page 3 of 3 EXHIBIT A STAFF REPORT E COMMUNITY N -- COMMUNITY DEVELOPMENT DEPARTMENT D A H O HEARING 7/25/2023 Legend DATE: r� 0 0 TO: Mayor&City Council EB Y El FROM: Sonya Allen,Associate Planner 208-884-5533 - SUBJECT: Lennon Pointe Subdivision—FP 1 FP-2023-0004 HIM LOCATION: Southeast corner of N. Linder Rd. and W. Mum Ustick Rd.,in the NW 1/4 of Section 1, T.3N.,R.1W. o � I I. PROJECT DESCRIPTION Final Plat consisting of 43 buildable lots(41 single-family, 1 multi-family and 1 commercial) and 7 common lots on 8.80 acres of land in the C-C and R-15 zoning districts. Alternative Compliance is requested to UDC 11-3B-7C,which requires a minimum density of one(1) tree per 35 linear feet to be planted within the street buffer along N. Linder Rd.; and UDC 11-3B- 12C,which requires a minimum of one (1)tree per 100 linear feet of pathway,to allow trees to be located outside of the Kellog Drain&Creason Lateral easements in which trees are prohibited. II. APPLICANT INFORMATION A. Applicant: Benjamin Semple, Rodney Evans+Partners,LLC— 1450 W. Bannock St., Boise, ID 83702 B. Owner Lane Development,LLC—P.O. Box 608,Eagle,ID 83616 C. Applicant Representative: Same as Applicant III. STAFF ANALYSIS Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat(H-2021-0071 DA Inst. #2022-041093) as required by UDC 11-6B-3C.2. The submitted final plat includes one (1)fewer building lot than approved with the preliminary plat and a greater amount Page 1 of common open space than approved with the preliminary plat;therefore,the proposed plat is in substantial compliance with the approved preliminary plat as required. Staff has also reviewed the Applicant's request for alternative compliance to the landscape standards listed in UDC 11-3B-7C.3b,which requires a minimum of one (1)tree per 35 linear feet within the street buffer along N. Linder Rd.; and UDC 11-3B-12C.2,which requires a minimum of one(1)tree per 100 linear feet of pathway,to allow the required trees to be located outside of the irrigation district easements. Strict compliance with these UDC standards isn't feasible due to the location of the Kellogg Drain and Creason Lateral and associated easements across the southwest portion of this site in which trees are prohibited. Staff finds the Applicant's proposed alternative means of compliance provides an equal means of compliance as the trees are still being provided on the site outside of the easement areas. Further,the placement of the access driveway to Linder Rd. and the separation of the townhome units from Linder offer appropriate and adequate landscaping and buffering(see Findings in Section VII for more information). Internal private streets(i.e.NW 15`h Ln.,W. Sindon Ln.,W. Pebblestone Ln. and N.Zion Park Ave.) were tentatively approved with the preliminary plat application subject to completion of the tasks listed in UDC 11-3F-3B.Note:Per the approved preliminary plat, the access to Linder Road was approved as a temporary full-access driveway and not part of the private street network Exhibit B below has been highlighted with a red box delineating the portion of the driveway that is to be removed as part of common lot 4.Applicable conditions of approval are included in Section VI. below. Documentation verifying completion of these tasks is required to be submitted to the Planning Division prior to issuance of any building permits for structures using a private street for access to a public street.The private streets are depicted in a common lot(i.e. Lot 4,Block 1) within an easement on the final plat and approval of the private street names has been granted by the Ada County Street Name Committee.A common mew is provided within the development. The remaining tasks to be completed are as follows: 1) contact the transportation authority (ACHD)to install an approved street name sign that complies with the regulations of the Ada County uniform street name ordinance; and 2)provide documentation of a binding contract that establishes the party or parties responsible for the repair and maintenance of the private street,including regulations for the funding thereof. IV. DECISION A. Staff: Staff recommends approval of the proposed final plat with the conditions of approval in Section VI of this report. Page 2 V. EXHIBITS A. Preliminary Plat(date: 3/23/2022) i�anwn ra. •,—sr•• Lcnnon Paein Subdivision ,«a�aion� � Tvwns M1ip�NortM1,Rabe 1[Wes(6nse McMian W W Y W City of Meridian,Ada County,Idaho 717 2022 ly— uur •rw saa. g - i N o v=� .w...., ....,.m« .�s` ����+++���,,, �j1p9 - O __ I � �.2 mac' �__��. .®..�..-,",.wa��.„...-•... = LLj • \ \\ s C� CJ Ip ] IIpp-' __Ji \4a H z'r LJ cam°'i z o j. Lj } , ^.+•'^^'.a s»,w ter. m_— -->�_— —_�. _ S Page 3 B. Final Plat(date: 6/9,12023 7/18/23)—REVISED Lennon Pointe Subdivision PEAT BOOK PAGE Shook m Government Lot a,Section 1 Township 3 North,Range i WeM,Boise Meridian City w(Meridian,Ad,County,Idaho 2023 11 AL COUNTY RECORDER'S iamewa,pvne xumd prerunu�mr�gwerpm�r�uveeemwu�wxeautt°raar�ekm.pa�on�wmne x6. i nerc cem marmunsmmmxxsrwab,wmew rmuexgxmxmdv+rWu wPPROvgI.OP ADA COUNTY HEGHWAY DISTIU T warcm,�eer memMmvrm,mwmPmem+eemea hzk aweavacanry xtlwvwnMmm,muuvnma,+ nnamrCERTIFICATE OFCOUNT i. rh Nau°f aam tnEe rebK m pla4 mnxsva m,mv,intro,ee mnM nary mn i me mKaw me rar one rmz n mmgxs.xn PROvgL OF MERIDIA mnw+e��e'x WivxarwwarmmawNa Nwaxmwwnh.a.m, wnrysmav°.rw o+m CERTIFICATE OY COUNTY TREASURER cemrnaw.iswm mrmemnrM1Mazlemmh����m�w�rmu^e���v�^"a nl�°li m�rm, Lrmp„eerppae,rnvaeM1i�mM MnhmakMxn.M+wmy. maa,mnmavwn�Nrmau+quxr nanzvrr..wrer me+,Mmmenrymuma.W wme_Mm mo rmwraN�wrur°meppmm. MpuNiw+°w mu �� aywen .85'/$ o q r Ov,sey HM H 8BOk283 Rdgre3sAvenle Arw MeliOien,ID 83842 (208)342-7957 Lennon Pointe Subdivision PEAT BOOK PAGE 2023 CERT>FECATEG Ens xa^. xa nxaq an ra,e mrm =sana�pnwMa.eere°memm.mm„pas nma�emxma,a ..'b, ,,. wm aarola. gMen°.<Mmaa w a�m.am.am nwm NN"'°' .e,.^no °MM rv,' w.n . dw.p xama emro,n.ea.w�xx�aa ea IMIm .N�vreo,„xnam;aalmbw,me.p�mvnp�.°°a°eMe::oa.,a.e=<+m�wim.mpm.�Np,aeAea<m.N rmaaaxa. +. e mm°mn,. .+°n maarwmwr N,�neh..°.Pe,.,.amm_nmr«a,a,,nm.an,+mmm,.erw.n, weme�6,°marym,aaln�m,neea,°mm,a.»ax.mm�,w•�.,•w� >x. �xNl.xl °n Mwunaa pamerre+m„oans°mw,w xwx wnraemaed,u��wm oin . ammrwar,.waw � ,w.aa. w"roua��m x«nn o:�:�a�`���w,nr.nme..w ,a mxwm.�m.,,,°^xr.mrw�,e�mn.m,mnn.,.+m.en,.,n.,,emmeemH°wm.�me!rwrmx ��Mremk.`.av°m,x.ame,e°ae rnexaw.,rero,rl.lm�aamamaw� m ya.ren m.:,mmp Paszv: EASEMENT NOTES Pareeabv,aa vmq w.SwMuuro+irFue szasvhumueronaro 6EWxxw�ieega eerven+rm nrenanarercnemmhe,Pnww4eun,wwxnanexm��wrumvmm wmammaemwu.m°nw4as mwniw wmrcenmc ro mei°,ann,am,ammuMsrtxrvm M,u/mver°e e,memnneemwt,rmxermn mehmmue ua + mawmem.awamrtreapxuaaa°aw.u,enwersknla„e x.umn nmalasrenl.nxnwnxowwe ,esrwow+lryea�ime _ s�hwe ���mwane s N+w n,eeMmaemanrasaer«einwwinngt°arnrvuuwuw,ne wN..�wn. mm5eamnge'IIDxxa»a t°eemewmavv va aMw�v mkamrwmuwamieMmaam,wei Wxn'nnummamxnuweavtlenmm�wim+ aK�nsun xm°weienraama°r,."xeanmemm.meoe.nn uNOten asnarneminO°imeu„cemxo.xmuvmam mNkgma wrnwvea,ememamneme mmeeeur,aseen„e+amionm„<m SURVEYORS NA-TIVE LmzF Eiwrmaxn +n Ne°namme vearyaomwv umam,Fmm�. e°u °tees mmNVIDxs.�u,n�wan e.aemam�mtr��a+rm mwnMtamwv wMMwwNPNrom+��na�in veeuee rneam°meenbMH°luna ige°e s"a�w"x'.t ¢�°�w^��w'�Y oertwpNam,uc,+.nvw amnee iaemgmmw y RECORD DATA mxmmaomnmaeawwme,,. ""mmamamreamronaalwaceap mnma SHEET 7 SEX l oeam„<,.aax°.isumm Ayes vaxov-m a Shee[1:Agerxy Approwkantl RttoNirg { wap°iramree+�eiw.ne39m rm.ma mxaas oxsvxaza Shea 3:Own RmiSote,PINBEaunrem Notes ..I4E 6heet 3:IegenQ P. hyou180euila Sheue:P.P RoadsBDeuik CERTIFICATED URVEVOR 5hee :11 FasemenN ^m1O^"^��"ka^'h�� nenpvmnMmniama 3Me :City SewerB Water Eeument,Pmt llneBNrvehbleP n° Sheet>:Private Storm Ovin BPreawvini3atbn Eattmerru 5W 93.=A- a"s,M.aw""vma^.arrwmerremxwm. <o Melidun ID 836a2 �(208)342-7957 Page 4 Lennon Pointe Subdivision PLAT BOOK PAGE 2023 cT ROAD W43.OTE 1331- 6E5.9 -.41'mmw l l5 NI9'3)'35'E 589'03'02'E 9)3.91' "=50• p O s tw O t O C g a © m _ w.aOR. M — — o ce Rttm�aR.Rm. P R '�/Il/1, o f t .o o a P o r/ZM xxrv��Wrc, mmN_ s " m mx x, .m ? GSD IN� e gg n OW q 6 aoo OE 0 B n BL cK2 R e N swH.73• 599'93'i6'W .>m am a 1°"x ry Q ma O 9 4 ,rvo x u.na rel �sw ttK f o� O BlOCK2 `�M ��� Ox ex�ws8 ® � xNxExaxEExix� -�o-- �^P p• s.Qu��i Sumurmcx xn ' u).0 •N88'99'01RN 59B.)B'S 4 3 O Om uHAEL•�• HMHBBO#PB S.PmgressArcnue ' englReeri^6(208)342-7957 Page 5 Lennon Pointe Subdivision PLAT BOOK_PAGE 2023 0 \ \ I i I See5Mtt31er Leae"d °F 0 J'° I I I w. •rv. •n-en ReusLEsrorvE I W.PEBBL STONE OR. ------------------- O O O I O -- a —.. ---L O _i' O D � O -i° a O r -- Y-' _ _ 33 O > III- C f O K, U - o 2 III O r-- - r ------ N 0 emi v I � MH Meddian,ID83812 e^�^�(208)342-7857 Lennon Pointe Subdivision PLAT BOOK PAGE 2023 4 SCALE: 50' 7r SeeaMttabr LLgmd I 1 IIMf Qwe Tartu \' O u —n- O.E Lee orve u.(rRNw,e)II O _ a 0 Q O QD ® f QD LE = 3.P"O A1�'BE Meridian,ID 83642 engneeldng(208)342-7957 Page 6 Lennon Pointe Subdivision PIATBOOK PAGE 2023 SCnLE' S0' See5M1ett3for legeM _w_ 1MeA mKiabks fw6marcMlM1e O nu �I p z CID i f -- — § O_ u —J�e N O QD Oi OIO (D ) rv„w � a sff, �Meridian, % (208)342ID-7957 Page 7 C. Private Street Cross-Section(dated: 4/19/23) 7-7 PUBLIC ROAD SECTION ' `if3 r�.ru�1 ® rotor cwe u�mroecmv�aimr,xxn.m„e PRIVATE ROAD SECTION• Emwucs�urrxNwawxaoErwRO,ea.uew cs uwz a.wE� LEGEND � ym m af.— �aa,�. OTES,M�� ,�xPoax«« awf�E��Exx:..Xx� �Z ��r�c�aeo owe,en. p ruiwemnw rete...e race.uixwx,.i�ee,x �� � N : 7 3 �.wiwpwaarEa50.712G PEDESTRIAN RAMP cce ro rrEre..T�auvw,xc ��,-cv-,w.,wrna uc s,acnx,o�eff er.ccu ruKruc,rrE csuec SS � . umnocweu�o.vneaxecou.erc�.ur"iu.icweus�ueenu�cuvncr.aeewcnw.m tltl ». "T c,cx wvEn rau .eee.xvreroa,u� ve�cwoeavi��Em e,TVPICAL ROAD SECTIONS ore e. c«arr,,,,oenwce. q EIli a..r,te 'F7 On In Zm E r tterwc aurren,es.,ou v w W M U IW TYPICAL TRENCH SECTION o „a w¢,Ex CD-2.0 E � CNY W II PIIFSSUIIEIRRIOATION CONNECTION n SK-0N POSTSFaaT•Ic Page 8 D. Common Driveway Exhibit Y4' 76 ,�J I ti o -M 4- �- 3 3111E YR fd]S=Tnnc� `'—r INN SLR. K - $ 3 SIDE vd D SE•U4CK 6 SIC{Yh PoIIR � ' '� �'SOF YJVtp 3i ld✓<p( 3'90E TRR6 4C�Af:K Eplillm Tnnfh'vvnnl ulW1_:..l-.m lenrnH rcr sl.ecreacH = Isis . R04� - r�anx o A = 1•COMMON DRIVE EXHIBIT > � zo � ep cowualwlcaHaT I -- X1.0 1 2 • S 6 -J ■ 9 1U 1f 12 1 14 uafaclne xv Page 9 E. Landscape Plan(date: 7/18/23) !a V V � PLANT SCHEDULE ll Mm 44 -- - LANDSCAPE LEGEND n g � - F Z 2 L" a s gax §s' FINAL PLAT OVERALL LANDSCAPE PLAN Page 10 W. USTICK RD. " "' IrtpI,li I /1PLANTER D ❑� - (TYPICAL ATBE TREESCUT INEDGE TURF =AREAS) _� Row, D — ®'w 2 SHRUB PLANTING 8 "^'�""•� W I^ IF: _ '4 I 8, S H h _ 2 zo t KEY MAP 0 - - z in �- ...........,..,., ..,......2�.^..-.� MATCHLINE-SEE SHEET L1.3 l LANDSCAPFI I-ARFAONE ^��^• '^ �°°^^^^�•^^^� 3 DECIDUOUS TREE PLANTING �^� W. USTICK RD. 8 FT In TI mock JTJ i KEY MAP o°m - o - -ul. win MATCHLINE SEE SHEET L1 4 LANDSCAPE PLAN-AREA TWD ...a_.....,.._.-.,n«..�..,,..,. ..m.,�. 2 CONIFEROUS TREE PLANTING Page 11 MATCHLINE-SEE SHEET LI I _ 8 8 ' _T. 1 WBOULUER INSTALLATION =--- 8� cLl � 8� 4 as ji \ 1 I.I.I LU O \ \ p AREA = � l Q THREE � l S2 o KEY MAP - - - wy � \ CPEh50N LANDSCAPE PLAN-AREA THREE _MATCHLINE-SEE SHEET L1.2 _71 i i _ x - LIVINYL FENCE PANEL KEY MAP_ oa w� 4LANUSCAPE PLAN-AREA FOUR 3 WROUGHT IRON FENCE.�..,,..�..�._.....� .�.va Page 12 PLANT SCHEDULE PLA14T SCHEDULE E.Q.- ARE-- 40 gig .1 MW Z yQ 2w Page 13 VI. CITY/AGENCY COMMENTS & CONDITIONS A. Planning Division Site Specific Conditions: 1. Applicant shall comply with all previous conditions of approval associated with this development:H-2021-0071 (Preliminary Plat) and Development Agreement Inst. #2022- 041093). 2. The applicant shall obtain the City Engineer's signature on the final plat within two(2)years of City Council's approval of the preliminary plat(by March 8,2024),in accord with UDC 11-613-7, in order for the preliminary plat to remain valid; or, a time extension may be requested. 3. Prior to submittal for the City Engineer's signature,have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. The final plat shown in Section V.B,prepared by HMH Engineering, stamped on 04/18/23 by Ronald M. Hodge, shall be revised prior to signature on the final plat by the City Engineer,as follows: Plat Notes: a. Note#8: "Direct lot access to W.Ustick Road and N.Linder Road is prohibited except for the access points approved by the Ada County Highway District and the City of Meridian and as shown on the approved site plan. A copy of the recorded cross access agreement is required OR a noted added to the final plat. b. Note#9: ". . . It contains a common driveway and landscaping that will be maintained . . c. Note#11: Include the recorded instrument number of the license agreement with NMID. Easement Notes: d. Note#3: ". . . Lots 1 and 5,Block 1 is are a-permanent landscape buffers depicted along W.Ustick Rd. . . ." e. Note#4: Include the recorded instrument number of the City of Meridian sewer and water easements. f. Graphically depict the storm drainage easements referenced in Easement Note#5. g. Note#6: "are private roads within its a common lot(i.e. Lot 4, Block 1,)to be owned and maintained by the Lennon Pointe Homeowner's Association aaa ;m..aets T *� 1,2, 3, 4, 18, 19 a-ad 20 fBlee, 1. You may include the specific lots that are accessed via the private streets. h. Delete Note#7 pertaining to Lot 4,Block I (the previous note includes this information as amended). i. Note#8: "Lots 1=-&4, 5 &6 of Block 1 are subject to a 60-foot wide easement for the Creason Lateral . . ." j. Note#9: Include the recorded instrument number of the City of Meridian pathway easement. k. Note#10: Include the recorded instrument number of the Kellogg Drain easement. Revise lot numbers consistent with revised plat. Page 14 1. Depict raised curbing or similar within the Linder Road access adjacent to ACHD right- of-way to discourage any left-in or left-out traffic patterns per the development agreement; coordinate with ACHD as necessary. 5. The landscape plan shown in Section V.E,prepared by Rodney Evans+Partners, stamped on 06/13/23 by Leslie Prendiville, shall be revised prior to signature on the final plat by the City Engineer,as follows: a. Depict landscaping within street buffers per the standards listed in UDC 11-3B-7C.3, except for the areas encompassed by the Kellogg Drain and Creason Lateral easements in which required trees shall be located outside of the easement areas as approved with alternative compliance.A variety of shrubs, lawn or other vegetative groundcover shall be provided within the buffer as allowed by NMID within the easement area. b. Depict landscaping along the multi-use pathway per the standards listed in UDC 11-3B- 12C, except for the areas encompassed by the Kellogg Drain and Creason Lateral easements in which required trees shall be located outside of the easement areas as approved with alternative compliance. Landscape strips shall be planted with a mix of shrubs, lawn and other vegetative groundcover as allowed by NMID within the easement area. c. Include a calculations table the demonstrates compliance with the street buffer and pathway landscape standards listed in UDC 11-3B-7C.3b and 11-3B-12C,respectively; include required vs. provided number of trees.Alternative Compliance to the tree requirements in UDC 11-3B-7C.3b and 11-3B-12C was approved with this application to allow the required number of trees to be placed outside of the easement areas—these trees should be included in the calculations table as alternative compliance trees. d. All pedestrian crossings within the private street and drive aisle portions of the site shall be constructed with brick,pavers, stamped concrete, or equal to clearly delineate pedestrian facilities per the development agreement; depict crossings accordingly. e. Depict raised curbing or similar within the Linder Road access adjacent to ACHD right- of-way to discourage any left-in or left-out traffic patterns per the development agreement; coordinate with ACHD as necessary. f. Revise plan consistent with the revised final plat. 6. No structures shall encroach within the Kellogg Drain easement unless an encroachment/license agreement is approved by NMID to allow the encroachment.A copy of said encroachment agreement shall be submitted with the final plat for City Engineer signature. 7. The north/south portion of the driveway connecting to Linder Road and adjacent to the west boundary of Lots 7-11,Block 1 is approved as a driveway and not part of the private street network. Remove this area from common lot 4. If cross-access is proposed between the commercial lot(Lot 3, Block 1)and the 5-unit townhomes(Lots 7-11, Block 1),the Applicant shall submit a recorded cross-access agreement to the Planning Division at the time of final plat signature to ensure perpetual cross-access between the private street in the residential portion of the project and the commercial drive aisle,per the Development Agreement. 8. Future development shall be consistent with the minimum dimensional standards listed in UDC Table 11-2A-7 for the R-15 zoning district and UDC Table 11-2B-3 for the C-C zoning district. Page 15 9. The Applicant shall complete the tasks listed in UDC 11-3F-3B in order to obtain final approval of the private streets within the development. The private streets are required to be depicted in a common lot on the final plat and approval of the private streets names has been granted by the Ada County Street Name Committee. The remaining tasks to be completed are as follows: 1) contact the transportation authority(ACHD)to install an approved street name sign that complies with the regulations of the Ada County uniform street name ordinance; and 2)provide documentation of a binding contract that establishes the party or parties responsible for the repair and maintenance of the private street, including regulations for the funding thereof.Documentation verifying completion of these tasks shall be submitted to the Planning Division prior to any building permits being issued for structures using a private street for access to a public street. 10. Private streets shall be constructed in accord with the design and construction standards listed in UDC 11-3F-4. 11. The common driveway on Lot 13, Block 2 shall be constructed in accord with the standards listed in UDC 11-6C.3D and with the exhibit in Section VII.D. 12. A perpetual ingress/egress easement for the common driveway shall 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 per UDC 11-6C-3D.8; or,the easement may be depicted on the final plat and easement note#6 modified to include this information. 13. Prior to City Engineer signature on the final plat, a public access easement shall be submitted to the Planning Division for the multi-use pathway along the southern boundary of the site for approval by City Council and subsequent recordation. 14. Staff s failure to cite specific ordinance provisions or conditions from the preliminary plat and/or development agreement does not relieve the Applicant of responsibility for compliance. B. PUBLIC WORKS https:llweblink.meridianciU.orglWebLinkIDocView.aspx?id=301891&dbid=0&repo=MeridianC iv C. MERIDIAN FIRE DEPARTMENT https:llweblink.meridianciU.or lWebLinkIDocView.aspx?id=301296&dbid=0&repo=MeridianC Lu D. PARKS DEPARTMENT https:llweblink.meridianciU.org/WebLink/DocView.aspx?id=301300&dbid=0&r0o=MeridianC hty E. IDAHO DEPARTMENT OF ENVIRONMENTAL QUALITY hyps://weblink.meridianciU.org/WebLink/Doc View.aspx?id=301386&dbid=0&repo=Meridian C hty VII. FINDINGS A. Alternative Compliance: In order to grant approval for alternative compliance to allow Private Streets directly off an arterial,the director shall determine the following findings: Page 16 1. Strict adherence or application of the requirements is not feasible; OR The Director finds that strict adherence to the landscape standards listed in UDC 11-3B- 7C.3b, which requires a minimum of one (1) tree per 35 linear feet within the street buffer along N. Linder Rd.; and UDC 11-3B-12C.2, which requires a minimum of one(1) tree per 100 linear feet of pathway, isn't feasible due to the locations of the Kellogg Drain and Creason Lateral and associated easements across the southwest portion of this site in which trees are prohibited. 2. The alternative compliance provides an equal or superior means for meeting the requirements; and The Director finds the alternative means of compliance consisting of the required number of trees planted outside of the easement areas along with the placement of the access driveway to Linder Rd. and the separation of the townhome units from Linder offer an equal means of meeting the intent of the requirement. 3. The alternative means will not be materially detrimental to the public welfare or impair the intended uses and character of the surrounding properties. The Director finds that the proposed alternative means will not be detrimental to the public welfare or impair the intended use%haracter of the surrounding properties. Page 17 EEXHIBIT A From: Ben To: Bill Parsons;Clerks Comment Cc: Sonya Allen;Jackson Lane;Tyson Lane Subject: RE: Updated Lennon Point FP Staff Report Date: Monday,July 24,2023 8:56:02 AM External Sender-Please use caution with links or attachments. Bill, We are in agreement with the staff report. Please let me know if you need anything additional. Thank you, Ben Semple,PLA,ASLA Principal, Senior Landscape Architect O: 208.514.3300 From: Bill Parsons<bparsons@meridiancity.org> Sent: Friday, July 21, 2023 1:14 PM To: Clerks Comment<comment@meridiancity.org> Cc: Sonya Allen <sallen@meridiancity.org>; Ben <ben@reandpartners.com> Subject: Updated Lennon Point FP Staff Report Hello Clerk Team, Attached is the revised staff report for the Lennon Point project. Please upload to Laserfiche and delete any previous versions of the staff report. Ben—If you are in agreement with the revised report please send an updated email in agreement. Thank you, Bill Parsons,AICP I Planning Supervisor City of Meridian I Community Development Dept. 33 E. Broadway Ave., Ste. 102, Meridian, Idaho 83642 Phone: 208-884-5533 1 Direct: 208-489-0571 Built for Business, Designed for Living All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to the Idaho law, in regards to both release and retention,and may be released upon request,unless exempt from disclosure by law. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Final Order for Sagarra Subdivision No. 1 (FP-2023-0008) by Sagarra Phase 1, LLC., generally located at the southwest corner of N. Bergman Ave. and W. Orchard Park Dr. BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: 7/25/2023 ORDER APPROVAL DATE: 8/8/2023 IN THE MATTER OF THE ) REQUEST FOR FINAL PLAT ) CONSISTING OF 50 RESIDENTIAL ) CASE NO. FP-2023-0008 BUILDING LOTS AND EIGHT (8) ) COMMON LOTS ON 7.1-ACRES OF ) ORDER OF CONDITIONAL LAND IN THE R-8 ZONING ) APPROVAL OF FINAL PLAT DISTRICT FOR SAGARRA ) SUBDIVISION NO. 1 ) BY: SAGARRA PHASE 1, LLC ) APPLICANT ) This matter coming before the City Council on July 25, 2023 for final plat approval pursuant to Unified Development Code (UDC) 11-6B-3 and the Council finding that the Administrative Review is complete by the Planning and Development Services Divisions of the Community Development Department, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat, the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of"PLAT OF SAGARRA SUBDIVISION A PARCEL OF LAND BEING LOTS 2 & 3, BLOCK 2 TOGETHER WITH A PORTION OF RIGHT OF WAY IDENTIFIED AS N. BERGMAN AVENUE , OF LINDER VILLAGE SUBDIVISION LOCATED IN THE NW '/4 OF SECTION 25, TOWNSHIP 3 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SAGARRA SUBDIVISION NO. 1 FP-2023-0008 Page 1 of 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY IDAHO 2023, HANDWRITTEN DATE: 6/9/2023,by ERIC HOWARD, PLS, SHEET 1 OF 9," is conditionally approved subject to those conditions of Staff as set forth in the staff report to the Mayor and City Council from the Planning and Development Services divisions of the Community Development Department dated July 25, 2023, a true and correct copy of which is attached hereto marked"Exhibit A" and by this reference incorporated herein. 2. The final plat upon which there is contained the certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 2.1 The plat dimensions are approved by the City Engineer; and 2.2 The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash surety has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code § 67-8003, the Owner may 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. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SAGARRA SUBDIVISION NO. 1 FP-2023-0008 Page 2 of 3 Please take notice that this is a final action of the governing body of the City of Meridian,pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty- eight(28) days after the date of this decision and order, seek a judicial review pursuant to Idaho Code§ 67-52. By action of the City Council at its regular meeting held on the 8th day of August 2023. By: Robert E. Simison Mayor, City of Meridian Attest: Chris Johnson City Clerk Copy served upon the Applicant,Planning and Development Services Divisions of the Community Development Department and City Attorney. By: Dated: 8-8-2023 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SAGARRA SUBDIVISION NO. 1 FP-2023-0008 Page 3 of 3 EXHIBIT A STAFF REPORT E COMMUNITY N -- COMMUNITY DEVELOPMENT DEPARTMENT D A H O HEARING 7/25/2023 k DATE: Legend 10 TO: Mayor&City Council HE FROM: Sonya Allen,Associate Planner 208-884-5533 B SUBJECT: Sagarra Subdivision No. 1 -FP FP-2023-0008;A-2023-0102 HEM LOCATION: Generally located at the southwest corner of N. Bergman Ave. and W. Orchard Park Dr., in the NW 1/4 of Section 25, TAN.,R.1W. � � a I. PROJECT DESCRIPTION Final plat consisting of 50 buildable lots and 8 common lots on 7.1-acres of land in the R-8 zoning district. The Applicant also requests approval of private streets within the development(i.e.W. Director Ln.) for access to the proposed single-family attached,townhome and condo units. II. APPLICANT INFORMATION A. Applicant: Michael Slavin, Sagarra Phase 1,LLC—404 S. 8tn St.,#300A1, Boise, ID 83702 B. Owner Lynx Investments,L.P.— 198 N.Al Fresco Pl., Boise,ID 83712 C. Applicant Representative: Ross Erickson,Erickson Civil,Inc.—6213 N. Cloverdale Rd., Ste. 125,Boise,ID 83713 III. STAFF ANALYSIS Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat(H-2022-002 as required by UDC 11-6B-3C.2. The submitted final plat is for the same number of building lots and common area as approved with the preliminary plat; therefore,the proposed plat is in substantial compliance with the approved preliminary plat as required. Staff has reviewed the application for private streets within the development as shown on the final plat. The streets are proposed to be located in common lots in the subdivision and will connect to a local street;the point of connection of the private street to the public street is subject to approval by Page 1 ACHD. The Fire Dept.has approved the request contingent upon both sides of the street being signed "No Parking Fire Lane."No gates or other obstacles are proposed or approved at the entries of the private streets. The Director has tentatively approved the request subject to completion of the tasks listed in UDC 11-3F-3B within one(1)year in accord with the Findings listed in Section VII below. IV. DECISION A. Staff: Staff recommends approval of the proposed final plat with the conditions of approval in Section VI of this report. The Director has approved the request for private streets within the development per the conditions in Section VI, in accord with the Findings in Section VII. V. EXHIBITS A. Preliminary Plat(date: 3/7/2023) PRE4IM INARY PLAT FOR SAGARRA SU BOIVISION A REPEAT OF LOTS 2-3 OF B K 2,ANO LOTS -3 OF BLOCK 3.LINGER VILLAGE SV BVIV ISION — �'� - LOT y BLOCK 2,PARAMOUNT vOINT su BOIV 1310N _ -`'17 \1 SITVATEV IN THEN • NE OF SECTION 23.TOWNSHIP 1 N RTH.RANGE WEST, , NOISE MERIDIAN.A A COV NTv,IOAI-10 O „ 3022 0 117 Legend Notes .,,< 1= •• w I w ..I 3-`_- ---- - 33147 Standard Local Street .nr��U�r.omE.��,.•..rdi.a..�kr. - ....,... --------- �., ,. �.n,2 ,,,. Vlclnity Map � 25'Private Street(Phase 1) e ® .. . .� 26'Private Street(Phase 2) I 3� - tl y� � .. iYR ( r I st !: — — a e. _ .. a�' Contests g I r. I k 1 � I I'..rwmw.nei f LL ML1N PRELIMINARY PLAT-PHASE t fl II a pp.' Page 2 B. Final Plat(date: 6/9/2023) FLAT Book Page d SAGARRA SUBDIVISION A PARCEL OF LAND BEING LOTS 2 & 3, BLOCK 2 TOGETHER WITH A a ur eEANINus PORTION OF RIGHT OF WAY IDENTIFIED AS N. BERGMAN AVENUE, OF W.23 24 W.cHmoEN eLw. Imxxsrw meow CINDER VILLAGE SUBDIVISION LOCATED IN THE NW 1/4 OF SECTION 25, zs 25xv. m TOWNSHIP 4 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY IDAHO. 9�, aExore,lXr 2023. ,.+� _ _ _ _71 selrymt Tmar.omalu+o PANK�' ___________ r--_c- �BL[9CK 2 5, - RL Ls n1x --„-___ - _ IIL[MelE 19 �I it J ION O+ 010 O O l l p CD—O O O O O O O Of O_(—J1 i10mT E) Re W_WR-ECTC[R W,(PPoVA TE 0) �OII 1x�EEE�1 a iiI0O10 OI, J L_ L L_ _J L_®Y W MAIHAR L YT B . nrw"4 /? �r b ?I I I �p1En �l �AYAYryr �� L---- ----- ----- 1sAxNRSN --- ----- WB = xn L IN 2 �B ------fig O a ixs•� -,..__-,____..,-_ wRBws«Ha T UQpS 1. :Lr Sii ICT uis mow io n wale maxr-rt r'ul�ottuuw RE ®NEaww o[a _ImAlta GRAPHIC SCALE RNE(sl roo,Rx Rueuc ununii AxB PIIOPRtt[eANAEE EAULaur Is xmorr[cTNn,A1m Curve Table Parcel Li—Table e0 50 00 120 240 Aumc Ee«zac w x,m«Lm uxEs urAEs Bnrx,1�anNA 0-4 I.-g- ReMMH OIIW ChNd EWecBxn CAda-g- Lfn1 1 Lmptll N-tw ti YERNN IN ORCT�T n+E 111E V R9WHE£Q A NXANO PERA11 ASIMCPIFlW BY n1E A°fP01EB P10.« 01 7S,14' 77.18' ITS N6'R' 4.18' ;32'M'E 1��-�Wr�R M mPMEII�OEh OB�CmK LIRM maI FNfN¢a*w!xa ETW9nI4 051LxEH6,DH x1,E9CNAW AEE m,K xTB.NA ffWI,RMY I,fRExu0A 1guNNL vSeI IG4hY 90NR E 9WLLu RE L 02 . 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JA HOWARL,LLC. 9G£EETAL e«9EEr i zz PCRI[cxR or Lmn 4 7,,� nLorx I AxR Lors z xn sr v eLoml x 5BW W STATE 3T..STE.0 E ELN1Np CCKfT CM n�nllNY n.OE HFAEW AK RA,4x1 n)m/,Np qp,T BTNF Apq N6W"j E012E,10 TATE yank IAhxU6irt rwayv,n IN®Imr of ABA«Nxry M«WAT NEnacr,IxNIx,Mvn xa r@o-,raira EYS'IEN.1EESE LOTS!A CLMP<.TID x nlll¢irU RST AIIFNED 0 n�xIW NGI W/[Ir' 1 EEE E(THL 8«4LCF 4 nsm-Wdf a,n a�et o-.,peEe;Cmaq elms p AEA«Wh.I P83703 HONE 28&848.8937 Ix, �e.srtlwr d 9pIETT1 pF.yA CPlxr IRp,yAv g51fiCT,N9R.ME,1T W 96 LFTAI E �HIX1iGORA1E0 KRCN BT IHIE RFERNCE!L9 IF R"r rERRI N EYLL(rHE'MASIFn 5 E JC�WLLOOOPPER� a EAmENrI,B,E MAs,w E.s,vlr ANB 11E sTWmRARA BRIII..�sysml ARE k I. I1 al6-MS0.11 SF£GEFTs F 6,aEfT I� gry�1pL 1PoR 11PAMM H ¢OAE Sr VIER p1UNIfE L�[Nl SIANN g PHWEr 2060W.R0[9 11 LgSM 9AMMT SE'nER ANO NArw NUx EASMFNT Ix eENml Ef arc 6 NLmgAn,IxsT�nNLNI NB. 9 T x �vue�IReNTa`.Wr va w"an Nwoe g.e�gw` m w Sheet 1 of 9 Page 3 C. Landscape Plan(date: 6/27/23) LANDSCAPE NOTES' LA—s rEv.nsREQVVIRE ENT$ •• u�wm mwm.wmm..re un.m cv m�xyw.�ve. raum.s. e.� m ...rm«m iw uewa..,-. � asassvrrrsFr STACp kPCK vaaa ' „ ..awmm...x..q�.mm.ar��vu� 'o i.q.e.MAeJ.ver.q.dfm.w-+xwwe••••.m.b vo�mwmmuaw vrtve�i�a r.uxnorss�mrt>asa� er wvoEmnnx ym��1b OPEN SPACE SUMMARY PHASE 1: LL CL O LANDSCAPE PLAN-PHASE 1 OVHHALL ' d ` PHSA�SE 2 71 LAN OSCAPE PLAN LANDSCAPE PLAN LANDSCAPE PLAN �_^0 0 - P LANDSCAPE PLAN- T - - OVERALL Page 4 ---- ___________________________________ I I srnfe P C K To — o3 fI -- I I � Z o 55 —" - --- --- - Al z -- �— - --�- J---is - - - -- -- goo, _t �••• ""`" � I LAND3°nPE I ��— I PLPN-AREnt L------ ------ ---------- -------------------- _____-L- ® FLrL�L_��' ML1.01 r----------------------------------------------------�-- Q I I -—- - - - - -- ---- - -- - --' -- — -------------- k •�---------- m ---1---------�---- i_ I .1 -.-I. "s .® - .e�`® 9 •ba, .s� R� - -�®® ® 9, unoscnPE I L1.02 Page 5 y.. - 1 1 ' I� T � I PLAN AREAa a rrs.m J ' ----9------ -- -----------T----------I ML1.03 L.i BAuaBURv.P mEE PurmrvG w 2 Sn'RUB PlAN11rvG ...A �g P_w .� /Q SreEL---------- �a znocMavrm.vr�m �mowvcrum � ���— -T'�� •ve�ov¢ w aaw w. W xxn f/I 5 7 CONCRETE SEAT WALL ,HAMMOCK POST too"" BIKE RACK f/1 e ... m,.... �s��.,. m»w.. t .LIG.. a ..... �.,.. a vTENSHON rl BOG AmEHm n sHABE saL � -- � L1.50 � Page 6 VI. CITY/AGENCY COMMENTS & CONDITIONS A. Planning Division Site Specific Conditions: 1. Applicant shall comply with all previous conditions of approval associated with this development: H-2017-0088 DA Inst. #2019-028376; H-2021-0034 amended DA Inst. #2021- 102392;H-2022-0027. 2. The applicant shall obtain the City Engineer's signature on the final plat within two(2)years of City Council's approval of the preliminary plat, in accord with UDC 11-6B-7,in order for the preliminary plat to remain valid; or, a time extension may be requested. 3. Prior to submittal for the City Engineer's signature,have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. The final plat shown in Section V.B,prepared by JJ Howard,LLC, stamped on 06/9/23 by Eric Howard, shall be revised prior to signature on the final plat by the City Engineer,as follows: a. Note#8: Include the recorded instrument number ACHD easement. Also include the number on Detail A on Sheet 5. b. Note#12: Include the recorded instrument number of ACHD sidewalk easement. c. Note#16: Include the recorded instrument number of the City water and sewer easement. Also include the number on Detail I on Sheet 6. d. Note#19: Include the recorded instrument number of the public pedestrian easement. Also include the number on Detail L on Sheet 7. e. Depict traffic calming measures to slow traffic on Bergman Ave. and W. Bacall St. as allowed by ACED and the Fire Dept. in accord with the development agreement. 5. The landscape plan shown in Section V.C,prepared by Stack Rock, shall be revised prior to signature on the final plat by the City Engineer, as follows: a. Depict a minimum 5-foot wide landscape strip on each side of the pathway on Lots 24 and 25,Block 2 with landscaping as set forth in UDC 11-3B-12C. Shrubs should be included along with trees and lawn or other vegetative groundcover. b. Provide two(2) additional trees within the parkway along N. Arliss Ave. (west) outside of the seepage bed in accord with UDC 11-3B-7C.3;trees may be clustered. c. All required landscape areas shall be at least seventy(70)percent covered with vegetation at maturity,with mulch used under and around the plants per UDC I1-3B-5N,or alternatively, meet the standards for Water Conserving Design in UDC 11-313-50. 6. Future development shall comply with the minimum dimensional standards for the R-8 zoning district listed in UDC Table 11-2A-6 except as approved with the Planned Unit Development(see table in Section VII.E of the Findings for reduced standards approved with the PUD). 7. The private streets are tentatively approved subject to completion of the tasks listed in UDC 11-3F-3 within one year. Documentation of such shall be submitted to the Planning Division in order to receive final approval. Page 7 8. The private streets within the development shall be 26-feet wide and constructed in accord with the standards listed in UDC 11-3F-4B.2. Gates or other obstacles restricting access are not approved. 9. Submit documentation from ACHD that they have approved the the point of connection of the private streets to the public streets as required by UDC 11-3174A.2 with submittal of the final plat for City Engineer signature. 10. "No Parking" signs shall be depicted on the construction drawings and erected on the public streets where the"s"or 90-degree curves are located(i.e.N. Bergman Ave.,N.Arctic Fox Way&N. Arliss Ave.) as well as on Director St.; coordinate with ACHD on the location of the signs. 11. "No Parking Fire Lane" signs shall be depicted on the construction drawings and erected on both sides of the private streets within the development per requirement of the Fire Dept. and UDC 11-3174B.2d. 12. The Applicant shall continue working with abutting neighbors on repairing the existing fencing that was damaged during tiling of the North Slough. 13. Staff s failure to cite specific ordinance provisions or conditions from the preliminary plat and/or development agreement does not relieve the Applicant of responsibility for compliance. B. PUBLIC WORKS https:llweblink.meridiancily.org/WebLink/DocView.aspx?id=302068&dbid=0&repo=MeridianC hty C. SETTLER'S IRRIGATION DISTRICT(SID) https:llweblink.meridiancily.orglWebLink/DocView.aspx?id=301693&dbid=0&repo=MeridianC ky D. IDAHO DEPARTMENT OF ENVIRONMENTAL QUALITY https:llweblink.meridianciU.orglWebLinkIDocView.aspx?id=301384&dbid=0&repo=MeridianC iv VII. FINDINGS In order to approve the application,the Director shall find the following: A. The design of the private street meets the requirements of this Article; The Director finds the design of the private streets meet the requirements of this Article as required. B. Granting approval of the private street would not cause damage,hazard, or nuisance,or other detriment to persons,property,or uses in the vicinity; and The Director finds granting approval of the private street should not cause damage, hazard, or nuisance or other detriment to persons,property, or uses in the vicinity. C. The use and location of the private street shall not conflict with the Comprehensive Plan and/or the Regional Transportation Plan. The Director finds the use and location of the private streets should not conflict with the Comprehensive Plan and/or the Regional Transportation Plan. Page 8 D. The proposed residential development(if applicable)is a mew or gated development. This finding is not applicable. Page 9 W IDIAN� AGENDA ITEM ITEM TOPIC: Development Agreement (Modern Craftsman Franklin H-2022-0079) Between the City of Meridian and BPS Franklin Road, LLC for Property Located at 4540, 4490, and 4420 W. Franklin Rd. ADA COUNTY RECORDER Trent Tripple 2023-045433 BOISE IDAHO Pgs=59 CHE FOWLER 08/09/2023 08:43 AM CITY OF MERIDIAN, IDAHO NO FEE DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. BPS Franklin Road, LLC, Owner/Developer THIS DEVELOPMENT AGREEMENT (this "Agreement") is made and entered into this 8th day of August , 2023,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 BPS Franklin Road, LLC, whose address is 1401 17th Street, Suite 700, Denver, Colorado 80202, hereinafter called"OWNER/DEVELOPER." 1. RECITALS: 1.1 WHEREAS, Owner/Developer is the sole owner, in law and/or equity, of a 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, hereinafter referred to as the "Property;" and 1.2 WHEREAS, Idaho Code § 67-6511A provides that cities may,by ordinance, establish provisions governing the creation, form, recording, modification, enforcement and termination of development agreements required or permitted as a condition of zoning that the Owner/Developer make a written commitment concerning the use or development of the Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section 1I- 5B-3 of the Unified Development Code ("UDC"), which authorizes development agreements and the modification of development agreements; and 1.4 WHEREAS, Owner/Developer submitted an application for development agreement modification to remove the property listed in Exhibit "A" from an existing Development Agreement recorded in Ada County as Instrument#2020-117678, and for the inclusion of the Property into this new Agreement, which generally describes how the Property will be developed and what improvements will be made; and 1.5 WHEREAS, Owner/Developer made representations at the duly noticed public hearings before the Meridian City Council, as to how the property will be developed and what improvements will be made; and 1.6 WHEREAS, the record of the proceedings for requested development agreement modification held before the City Council includes responses of government DEVELOPMENT AGREEMENT—MODERN CRAFTSMAN H-2022-0079 Page I of 8 subdivisions providing services within the City of Meridian planning jurisdiction, and includes further testimony and comment; and 1.7 WHEREAS, on the 23rd of May, 2023, 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, Owner/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 1.9 WHEREAS, the property listed in Exhibit"A" shall no longer be subject to the terms of the existing Development Agreement(Inst. #2020-117678) and shall be bound by the terms contained herein in this new agreement; and 1.10 WHEREAS, City requires the Owner/Developer to enter into a development agreement modification for the purpose of ensuring 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 designations are in accordance with the amended Comprehensive Plan of the City of Meridian on December 19, 2019, Resolution No. 19-2179, 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. 3.2 OWNER/DEVELOPER: means and refers to BPS Franklin Road, LLC, whose address is 1401 17th Street, Suite 700, Denver, Colorado 80202, the party that owns said Property and shall include any subsequent owner(s) of the Property. 3.3 PROPERTY: means and refers to that certain parcel of Property located in the County of Ada, City of Meridian as described in Exhibit"A" describing a parcel to be removed from existing Development Agreement recorded in Ada County as Instrument#2020-117678, with such parcel being bound by this new Agreement, DEVELOPMENT AGREEMENT-MODERN CRAFTSMAN H-2022-0079 Page 2 of 8 which Exhibit"A" is 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 as permitted, conditional and/or accessory uses 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 Owner/Developer shall develop the Property in accordance with the following special conditions: a. The southwest portion of the property located at 4540 W. Franklin Rd. (Parcel #S1210336405) shall no longer be subject to the terms of the previous Development Agreement recorded as Instrument#2020-117678 (Compass Public Charter School East Expansion H-2020-0042) and shall instead be subject to the terms of the subject Development Agreement. b. Future development of this site shall be generally consistent with the preliminary plat, site plan, landscape plan, qualified open space exhibit and conceptual building elevations included in Section VIII and the provisions contained herein. c. Right-of-way shall be dedicated and/or the collector street(W. Aviator St.) shall be constructed across and adjacent to the northwest corner of this site on- and off-site as required by ACHD. The shall be designed consistent with Street Section C (major collector street) in the Ten Mile Interchange Specific Area Plan(see pgs. 3-20, 3-22 and 3-23). d. Public art of a high quality of design shall be provided within the development and incorporated into the design of the streetscape or publicly accessible open space as set forth in the TMISAP (see pg. 3-47). The art shall be provided in a prominent location and should provide an identity for the development. e. A maximum of 122 multi-family units shall be constructed within this development. f. A Design Review application shall be submitted for all structures within the multi- family development. Compliance with the design standards listed in the Architectural Standards Manual and the guidelines in the Ten Mile Interchange Specific Area Plan (TMISAP) is required. The residential development shall be developed in consideration of traditional neighborhood design principals and concepts as set forth in the TMISAP for the MHDR Future Land Use Map designation as specified in the Application of the Design Elements table on pg. 3-49 including but not limited to: roof pitch and overhang (roof brackets and rafter tail treatments are encouraged design elements), and front porches for street-facing units on the north/south boulevard. DEVELOPMENT AGREEMENT-MODERN CRAFTSMAN H-2022-0079 Page 3 of 8 g. Pedestrian-scale lighting should be provided on all building facades facing the street and internal walkways in accord with the TMISAP (pg. 3-34). h. The space between the building fagade and adjacent walkway should be appropriately landscaped with a combination of lawns, groundcover, shrubs and trees in accord with the TMISAP (pg. 3-37). 6. COMPLIANCE PERIOD: This Agreement must be fully executed within six (6)months after the date of the Findings or it is null and void. 7. DEFAULT/CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: 7.1 Acts of Default. In the event Owner/Developer, or Owner's Developer's heirs, successors, assigns, or subsequent owners of the Property or any other person acquiring an interest in the Property fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the Property, this Agreement may be terminated by the City upon compliance with the requirements of the Zoning Ordinance. 7.2 Notice and Cure Period. In the event of Owner/Developer's default of this agreement, Owner/Developer shall have thirty(30) days from receipt of written notice from City to initiate commencement of action to correct the breach and cure the default, which actions must be prosecuted with diligence and completed within one hundred eighty(180) days; provided, however, that in the case of any such default that cannot with diligence be cured within such one hundred eighty(180) day period, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 7.3 Remedies. In the event of default by Owner/Developer that is not cured after notice from City as described in Section 7.2, City shall, upon satisfaction of the notice and hearing procedures set forth in Idaho Code § 67-651 IA, have the right, but not a duty, to de-annex all or a portion of the Property, reverse the zoning designations described herein, and terminate City services to the de-annexed Property, including water service and/or sewer service. Further, City shall have the right to file an action at law or in equity to enforce the provisions of this Agreement. Because the covenants, agreements, conditions, and obligations contained herein are unique to the Property and integral to the City's decision to annex and/or re-zone the Property, City and Owner/Developer stipulate that specific performance is an appropriate,but not exclusive, remedy in the event of default. Owner/Developer reserves all rights to contest whether a default has occurred. 7.4 Choice of Law and Venue. This Agreement and the rights of the parties hereto shall be governed by and construed in accordance with the laws of the State of Idaho, including all matters of construction, validity, performance, and enforcement. Any action brought by any party hereto shall be brought within Ada County, Idaho. 7.5 Delay. In the event the performance of any covenant to be performed hereunder by either Owner/Developer or City is delayed for causes that are beyond the reasonable control of the party responsible for such performance, which shall include, without DEVELOPMENT AGREEMENT-MODERN CRAFTSMAN H-2022-0079 Page 4 of 8 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. 7.6 Waiver. A waiver by City of any default by Owner/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: Owner/Developer shall, immediately upon completion of any portion or the entirety of said development of the Property as required by this Agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion therefor in accordance with the terms and conditions of this Agreement and all other ordinance 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 Owner/Developer. 10. ZONING: City shall, following recordation of the 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 Owner/Developer agrees to provide, if required by the City. 12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued if the improvements have not been installed, completed, and accepted by the City, or sufficient surety of performance is provided by Owner/Developer to the City in accordance with Paragraph 11 above. 13. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agrees 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: with copy to: City Clerk City Attorney City of Meridian City of Meridian 33 E. Broadway Ave. 33 E. Broadway Ave. Meridian, Idaho 83642 Meridian, Idaho 83642 OWNER/DEVELOPER: BPS Franklin Road, LLC 1401 17th Street, Suite 700 Denver, Colorado 80202 14.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. DEVELOPMENT AGREEMENT-MODERN CRAFTSMAN H-2022-0079 Page 5 of 8 15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 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 Owner/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 Owner/Developer, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, has determined that Owner/Developer has fully performed its 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 reasonable 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. REMOVED PROPERTY: The City is hereby authorized, in its sole discretion, to remove a portion of the Property("Removed Property") from this Agreement at any time, provided that the City and the owner of the Removed Property concurrently enter into a modified development agreement governing the development and use of the Removed Property. The remaining portion of the Property, which has not been removed from this Agreement as described above, shall continue to be bound by the terms of this Agreement. 22. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owner/Developer and City relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owner/Developer and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. DEVELOPMENT AGREEMENT-MODERN CRAFTSMAN H-2022-0079 Page 6 of 8 22.1 No condition governing the uses and/or conditions governing the Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 23. 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. Acknowledgements, signatures, and Exhibits A and B follow.] DEVELOPMENT AGREEMENT-MODERN CRAFTSMAN H-2022-0079 Page 7 of 8 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER: BPS Franklin Road, LLC (;��_ By. It STATE OF &10Y-z1 / ) \ _ ss: County of � � ) On this 1 9 day of 2023,before me,the undersigned,a Notary Public in and for said State,personally appeared f it , known or identified to me to be the ►VICc-"C Oja of BPS Franklin Road,LLC and the per w igned above and acknowledged to me that they executed the s me. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. �... MELJMSA JOY a r OF C�DO Notary Publ' NOTARY ID 20194031189 My Commi sio E p' es: IS Dn-&_7 MY COMMISSION EXPIRES AUGUST 15,2027 CITY OF MERIDIAN ATTEST: By: Mayor Robert E. Simison 8-8-2023 Chris Johnson, City Clerk 8-8-2023 STATE OF IDAHO ) ss County of Ada ) On t0th day of August ,20 23 before me,a Notary Public,personally appeared Robert E.Simison and Chris Johnson, known 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. (SEAL) Notary Public for Idaho My Commission Expires: 3-28-2028 DEVELOPMENT AGREEMENT-MODERN CRAFTSMAN H-2022-0079 Page 8 of 8 EXHIBIT A Description for Colorado Ridge Subdivision April4, 2023 A parcel of land located in the Southwest 1/4 of the Southwest 1/4 of Section 10, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the Section corner common to Sections 9, 10, 15 and 16, T.3N., R.1W., B.M. from which the 1/4 corner of said Sections 10 and 15, bears South 89015'34" East, 2640.54 feet; thence on the south boundary line of said Section 10 South 89015'34" East, 702.06 feet; thence leaving said south boundary line, North 00°36'35" East, 35.88 feet to the REAL POINT OF BEGINNING; thence continuing North 00036'35" East, 319.00 feet; thence South 89'15'38" East, 206.24 feet; thence North 00035'14" East, 732.97 feet; thence South 89015'50" East, 412.30 feet to the east boundary line of the Southwest 1/4 of the Southwest 1/4 of said Section 10; thence on said east boundary line, South 00036'35" West, 1,057.89 feet to the north right-of-way line of W. Franklin Road; thence on said north right-of-way line the following three (3) courses and distances: North 89015'34" West, 65.31 feet; North 00044'26" East, 5.88 feet; North 89015'34" West, 552.95 feet to the REAL POINT OF BEGINNING. Containing 11.472 acres, more or less. End of Description. Np,L L ANO CP y, E N S�s 11 79 ��N Zo z3 Pro 0 TF O F �� O) yM Mcck Page 1 of 1 Z( N Scale: 1"=200' _ I S89'15'50"E 41 32 0' 0 50 100 200 400 W. Aviator St. r` rn cV M n W LO 00 M � O Z LO O ±11.472 Acres 3 LO pq c° 0 0 U) S89'15'38"E 206.24 z W in m ."i o of I o M I C� O ° z Real Point a of Beginning S89'15'34"E 552.95' L3 S.9 • S.10 — _ _ ,3 W. Franklin Rd. L4 ,�j'� 1320.23'- \ 1/4 S.10 S.16 S.15 ., 702.06' — —— 618.25' — — L2 — — — V— W1/16 Basis of Bearings S89'15'34"E 2640.54' Line Table O P� LAN� Line Bearing Length \ \,�GENSF S G L1 N00'36'35"E 35.88' t� L2 N00'36'35"E 30.00' �1//1 79 Ra L3 N89'15'34"W 65.31' Ln.`(4q L4 N00'44'26"E 5.88' O F YM M cC P:\Colorado Ridge(4490 Franklin) 22-045\dwg\Pplat Ex.dwg 4/4/2023 2:38:56 PM Job No. IDAHO Exhibit Map for 22-045 9955 W.EMERALD ST. SURVEY BOISE,IDAHO 83704 Colorado Ridge Subdivision Sheet No. (208)84"570 1 GROUP, LLC A parcel of land located in the SW1/4 of the SW1/4 of Dwg. Date Section 10, T.3N., RAW., B.M., Ada County, Idaho. 4/4/2023 EXHIBIT B CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW E IDIAN� AND DECISION&ORDER A In the Matter of the Request for Modification to the Existing Development Agreement(Instrument #2020-117678)to Remove the Property at 4540 W.Franklin Road from the Agreement for the Purpose of Including it in the Subject Multi-family Development;Annexation and Zoning of 10.29- acres of Land with an R-15(Medium High-density Residential)Zoning District; Preliminary Plat Consisting of One(1)Building Lot and One(1)Other Lot on 11.47-acres of Land in the R-15 Zoning District; Conditional Use Permit for a Multi-family Development Consisting of 122 Dwelling Units on 11.47-acres of Land in the R-15 Zoning District; and Internal Private Streets for Modern Craftsman Franklin Subdivision, by Horrocks Engineers,Inc. Case No(s). H-2022-0079 For the City Council Hearing Date of: May 9,2023 (Findings on May 23,2023) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of May 9, 2023, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of May 9, 2023, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of May 9, 2023, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of May 9, 2023, 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 as Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has,by ordinance,established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 17,2019, Resolution No. 19-2179 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. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR MODERN CRAFTSMAN FRANKLIN-AZ CUP MDA PP PS H-2022-0079 - I - 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. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of May 9, 2023, 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 a modification to the existing development agreement, annexation &zoning, conditional use permit and preliminary plat is hereby approved per the provisions in the Staff Report for the hearing date of May 9, 2023, 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 Conditional Use Permit Duration Please take notice that the conditional use permit, when granted, shall be valid for a maximum period of two(2)years unless otherwise approved by the City. During this time, the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR MODERN CRAFTSMAN FRANKLIN-AZ CUP MDA PP PS H-2022-0079 -2- conditional use permits that also require platting, the final plat must be signed by the City Engineer within this two(2)year period. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-5B-6.G.1, the Director may authorize a single extension of the time to commence the use not to exceed one(1)two (2)year period.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 conditional use comply with the current provisions of Meridian City Code Title 11(UDC 11-5B-6F). 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 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. Judicial Review Pursuant to Idaho Code § 67-652 1(1)(d), if this final decision concerns a matter enumerated in Idaho Code § 67-6521(1)(a), an affected person aggrieved by this final decision may,within twenty-eight (28)days after all remedies have been exhausted, including requesting reconsideration of this final decision as provided by Meridian City Code § 1-7-10, seek judicial review of this final decision as provided by chapter 52, title 67,Idaho Code.This notice is provided as a courtesy; the City of Meridian does not admit by this notice that this decision is subject to judicial review under LLUPA. F. Notice of Right to Regulatory Takings Analysis Pursuant to Idaho Code §§67-6521(1)(d) and 67-8003, an owner of private property that is the subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory takings analysis. G. Attached: Staff Report for the hearing date of May 9, 2023 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR MODERN CRAFTSMAN FRANKLIN-AZ CUP MDA PP PS H-2022-0079 -3- By action of the City Council at its regular meeting held on the 23 day of May 2023. COUNCIL PRESIDENT BRAD HOAGLUN VOTED AYE COUNCIL VICE PRESIDENT JOE BORTON VOTED AYE COUNCIL MEMBER JESSICA PERREAULT VOTED AYE COUNCIL MEMBER LUKE CAVENER VOTED AYE COUNCIL MEMBER JOHN OVERTON VOTED AYE COUNCIL MEMBER LIZ STRADER VOTED AYE MAYOR ROBERT SIMISON VOTED (TIE BREAKER) Mayor Robert E. imiS n 5-23-2023 Attest: 36 SFAt. Chris Johnson i5-23-202 City Clerk Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. By: Cha&YcW�j Dated: 5-23-2023 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR MODERN CRAFTSMAN FRANKLIN-AZ CUP MDA PP PS H-2022-0079 -4- STAFF REPORT C�WIE COMMUNITY DEVELOPMENT DEPARTMENT HEARING May 9,2023 Legend 1 0 M� DATE: 0 Praj&o Loco=o� TO: Mayor&City Council -`' oil FROM: Sonya Allen,Associate Planner - 208-884-5533 SUBJECT: Modern Craftsman Franklin AZ, CUP, MDA,PP,PS H-2022-0079 ' (aka Colorado Ridge) LOCATION: 4540, 4490, &4420 W. Franklin Road, approximately 1/4 mile east of the -__ _ northeast corner of W. Franklin Road and N. Black Cat Road, in the SW 1/4 of Section 10,Township 3N,Range 1 W. r (Parcel#S1210336521; #S1210336450; #S1210336405) I. PROJECT DESCRIPTION Modification to the existing Development Agreement(MDA) (Inst. #2020-117678)to remove the property at 4540 W. Franklin Road from the agreement for the purpose of including it in the proposed multi-family development;Annexation(AZ) of 10.29-acres of land with an R-15 (medium high-density residential) zoning district;Preliminary Plat(PP) consisting of one(1)building lot and one(1)other lot on 11.47 acres of land in the R-15 zoning district; Conditional Use Permit(CUP)for a multi-family development consisting of 122 dwelling units on 11.47 acres of land in the R-15 zoning district; and internal private streets (PS)for Modern Craftsman Franklin Subdivision. II. SUMMARY OF REPORT A. Project Summary Description Details Acreage 11.47 acres Future Land Use Designation Medium-High Density Residential(MHDR)in the Ten Mile Interchange Specific Area Plan(TMISAP) Existing Land Use Single-family rural residential(SFR) Proposed Land Use(s) Multi-family residential development(MFR) Current Zoning Rural Urban Transition(RUT)in Ada County&R-15 in the City Proposed Zoning R-15 Lots(#and type;bldg/common) 1 building/1 common lot Phasing plan(#of phases) 1 phase Number of Residential Units(type 122 multi-family units(single-family detached&attached/duplex and of units) townhome style units) Density(gross&net) 10.64 units/acre(gross) Open Space(acres,total [%]/ Revisions are needed to the common open space exhibit buffer/qualified) Amenities Clubhouse,dog park,community garden; swimming pool,internal walking trails,children's play structure and charging stations for electric vehicles. Physical Features(waterways, None hazards,flood plain,hillside) Neighborhood meeting date 9/28/2022 History(previous approvals) A-2020-0164(ROS#12525 -Parcel B);H-2020-0042(Compass Charter School East Expansion Ord.20-1895;DA Inst.#2020-117678) B. Community Metric Description Details Ada County Highway District • Staff report(yes/no) Yes • Requires ACHD No Commission Action es/no Traffic Impact Stud es/no Yes Access(Arterial/Collectors/State One access is proposed via W.Aviator St.,a collector street,at the northern Hwy/Local)(Existing and Proposed) boundary;and one access is proposed via N.Moshova Ave.,a local street,from W.Franklin Rd.at the southwest corner of the site. Traffic Level of Service Raw" FMOWp Funcllarrat PM Peak Hour PM Pask Haur CWSslflcalion Traffic Count Level oL Service Franklin Rued M-fMt I Prindpal AulEuial 793 Betler than T" Aviator Stivai U74WO Collector 433 T' Accaptat�ne ier+el of sat v for a five.ls 9 principal arien3l is S IUR VPH}. 4cuptabf-b love1 of&mk x for a i iaare cu+lactor is-D'(425 vPH). Stub Street/Interconnectivity/ W.Aviator St. stubs to the property's west boundary at the north end of the site. Cross Access Existing Road Network W.Franklin Rd.,an arterial street,runs along the southern boundary of the site; W.Aviator St.,a collector street,stubs to the southwest corner of the site. Existing Arterial Sidewalks/Buffers A detached sidewalk exists along Franklin Rd.on the western portion of the site that transitions to an attached sidewalk on the eastern portion of the site.No street buffers exist on this site. Proposed Road Improvements CaOW knpro+rer*mts Plan JCIPV WeVated Five Year Work Plan(IIFYWP)- There are no roadways,bridges oe onlersedions in the general vicinity d the prc"ct thal are in the InL9grat9d Diva YErar Work Plan(IFY44P1 Franklin Read is schedRiled in the IFYWP to tte wi¢Qned to 5-Ian$g fmm fwicDgrmcm Road to Black Cat Road whrn vhia desi$r, year In V26 and iha corwruaion data Gras rear Wen delerm4ied + Black Cat Road is llr;tad in Ltre CIP to be widened to 5-lanes from Franklin Road to Cherry Lane between 2031 and 2M • Black Ca!Road Is WEs d in the CIP 1D he widened La 5-lanes ham Uverfaw Road ra Franklin Rord be wevn 2035 and 2W Traffic Impact Stud es/no Yes Fire Service • Distance to Fire Station 2.6 miles from Station#2 • Fire Response Time Falls outside of the 5-minute response time goal • Resource Reliability 85%(above the targeted goal of 80%) • Accessibility This project meets all required access,road widths,and turnarounds as presented in the preliminary plat. • Additional See Fire comments in the link provided below under Section IX.I. Comments/Concerns Police Service • Distance to Fire Station 4 miles from Meridian Police Department • Fire Response Time Expected response time is 4:17 minutes;Average emergency response time is 3:46 minutes for City of Meridian • Accessibility If Applicable,any climate-controlled multi-family developments,the Meridian Police Department required police access into each building's entry point using a multi-technology keypad per UDC 11-4-3-27G. See Meridian Police Department Staff Report in the link provided below under Section IX.D. West Ada School District Distance(elem,ms,hs) Approved Fob Per per aiiendanre Sggdpr-UIro Capacity of Schools tnrollmegt CaToMy attoadp1RM amg K" Vnrorid pry #of Students Enrolled Chaparrol[IernenUrr VA 7% 6xiF $650 ]75 Meridian Middla 5t hc" 3D64 L256 656 29d7 IA7 Me++di#n Hsh Si haul 1718 2075 1560 361) R7 School o![holu ppllons Rrli Omph tkffo rary-hm 526 7M WA WA1 barbara Mor;an37€Id Academy 41X sw Nt A *A #of students estimated for this 20 development Wastewater _ • Wastewater Modeling •Additional 1,350 gpd committed to model.WRRF decline balance is 14.5 MGD • Project Consistent with WW Yes Master Plan/Facility Plan • Impacts/Concerns See Public Works Site Specific Conditions Water • Distance to Services • Pressure Zone I 1 • Estimated Project Water ERU's • Water Quality Concerns Each Phase will need to be modeled independently to verify adequate pressure. • Project Consistent with Water Yes Master Plan • Impacts/Concerns See Public Works' Site-Specific Conditions C. Project Maps Future Land Use Map Aerial Map rrLegend ® Legend IP.o}eof Loco n _ P+oea Lcca�o� Hier: f+� may. 11 M1 YJL�LXSL _ J711 + 4+ons - pl�y Imer�t il 6 Lafr.D s' M 1Ned-HHig. plo Rei i ential Zoning Map Planned Development Map MUM Legend MM (�Legend N+oyea4 Luc o=o� R�$_ I Projez4 Lflcaiar. k I [ City Ling t kE +- '- Pgerarsed Parce3s - --- R-r -r RUT c- -- --- - RUT Rr E . — M 1 MBE FR-FS .R1�. 1 HL�1�SR R'-1� M1 - T -------- ----- F.L;. RUT R-15 TN-C III. APPLICANT INFORMATION A. Applicant: Kindi Moosman,Horrocks Engineers, Inc. —2775 W.Navigator Dr., Ste. 210,Meridian, ID 83642 B. Owner: BPS Franklin Road,LLC— 1401 171" Street, Suite 700,Denver, CO 80202 C. Representative: Same as Applicant IV. NOTICING Planning&Zoning City Council Posting Date Posting Date Newspaper notification published in newspaper 3/22/2023 4/23/2023 Radius notification mailed to property owners within 500 feet 3/16/2023 4/21/2023 Public hearing notice sign posted 3/22/2023 4/20/2023 on site Nextdoor posting 3/16/2023 4/21/2023 V. COMPREHENSIVE PLAN ANALYSIS This property is designated Medium High-Density Residential(MHDR)on the Future Land Use Map (FLUM)and is located within the area governed by the Ten Mile Specific Area Plan(TMISAP). LAND USE: MHDR areas are locations recommended primarily for relatively dense multi-family housing types, such as row houses,townhouses, and condominium and apartment buildings and complexes. These areas should have a mix of housing types that achieve an overall average density target of 12 dwelling units per gross acre with densities ranging from 8-15 units per acre. MHDR areas typically are relatively compact areas within a larger neighborhood and generally should be located around and near more intensely developed areas, such as Mixed Use Commercial or Employment areas,in order to provide convenient access to these commercial activity and employment centers for the greatest number of residents. Apartment buildings are desired to be accessed via shared entrances and hallways. The proposed multi-family development incorporates a mix of single-family detached and attached/duplex and townhome style units containing a mix of 1-,2-and 3-bedrooms at an overall gross density of 10.64 units per acre. Although single-family and townhome style units are proposed,the use is considered multi- family because all of the units are on one lot instead of individual lots. As such,they will all be rental units and not privately owned. The proposed density is consistent with the density desired in the MHDR designation.A charter school and landscape business exist to the west;residential uses with a mix of housing types including single-family detached and attached,townhomes and multi-family apartments, are entitled and planned to develop to the north(Aviator),northeast(Newkirk)and east(Alamar)of this site. Employment and commercial uses are planned to the southeast of this site across Franklin Rd.,which will provide jobs and services in close proximity to area residents. TRANSPORTATION: ACHD's Master Street Map(MSM) depicts a new towncenter collector street(i.e. W. Aviator St.)across the northwest corner of this property extending from the west from N. Black Cat Rd. The Transportation System Map in the TMISAP lists the functional classification for this street as a collector street and the Street Section Map lists the design classification as a major collector street,which is intended to be constructed consistent with Street Section C, as follows: fy r k � � gr ktk- ate Mel Um FraWl Lane We Lane foram-a&dkiam This street is planned to eventually provide a connection from W. Franklin Rd. '/Z mile west of N. Black Cat Rd.to Franklin Rd.via Umbria Hills Ave., '/4 mile west of N. Ten Mile Rd. A local public street(Moshava Ave.) is proposed for access to the development from the south via W. Franklin Rd., an arterial street. ACHD is requiring this access to be a private road/drive aisle constructed along the west boundary of the site to ensure the parcel to the west has access to the driveway. Private streets are proposed for internal access to the proposed dwelling units. Franklin Rd. is fully improved abutting the site; therefore,no additional right-of-way or street improvements are required. The Ten Mile interchange is located within about 1.5 miles to the southeast of the site. State Highway 16 is planned to extend from Chinden Blvd. to I-84 approximately 1.5 miles west of this site,just west of McDermott Rd.; no interchange is planned at Franklin Rd. DESIGN: All residential neighborhoods in the Ten Mile Interchange area should be developed in consideration of Traditional Neighborhood Design(TND)principals and concepts and the standards established by the City for the R-15 zoning district. Future development should be consistent with the design elements in the TMISAP for the Residential MHDR FLUM designation as determined by the Application of the Design Elements table(see pg. 3-49), as follows: (Staff's analysis of consistency with these elements is in italics.) 0 3-33. Street-oriented Design: Useable porches should be a dominant element of residential buildings and should be located along at least 30%of the front fagade of the buildings—a higher percentage is recommended as is the location of porches on one or more side facades. When possible, garages should be loaded from a rear alleyway. Where garages must be accessed from the front,the garages must be located no less than 20' behind the primary fagade. Front-loaded 2-car garages that are visible from the primary street must be designed with two(2) separate garage doors. Largely, this plan (65%) does not incorporate street-oriented design;there is no on-street parking along the collector street and no porches are proposed except for the townhome style units, which have porches and balconies and are accessed from the rear via a private street along the periphery of the site. The 2-car garages have single-doors but are located at the rear of the structures away from public view and the primary street,no front-loaded garages are proposed. • 3-34.Buildings to Scale: Everything seen and experienced from the sidewalk—building fronts, lighting,open space—should be designed for human interaction at a pedestrian's perspective. Key elements to consider are the continuity of the building sizes,how the street-level and upper-level architectural detailing is treated, elements that anchor and emphasize pedestrian scale,roof forms, rhythm of windows and doors, and general relationship of buildings to public spaces such as streets, plazas and other open space.Human-scale design is critical to the success of built places for pedestrians. Building entrances should be placed close to the street; ground floor windows, articulated facades, appropriately scaled lighting, awnings and other weather protection should be provided. Continuity of building sizes is proposed between the single-story single-family style structures and between the 2-story townhome style structures along the eastern boundary of the site. The street- level and upper-level architectural detailing of the townhome style units is very similar with windows of like size and orientation and balconies over porches. Stone veneer wainscoting is proposed along portions of the facades to anchor and emphasize pedestrian scale; landscaping along street facing foundations is also required for pedestrian scale. Weather protection is proposed over entrances. Roof forms are symmetrical in various pitches. 3-36.Neighborhood Design: All residential neighborhoods in the Ten Mile interchange area should be developed in consideration of traditional neighborhood design principles and concepts,which pertain to mixed housing stock, architecture and design, streetscapes and streets. Front porches and garages accessed from an alley are usually the standard in residential areas;parking for homes is primarily located behind buildings. Streetscape design relates to the street itself and consists of landscaped parkways with trees between curbs and sidewalks, adjacent sidewalks and front yard spaces and provides public space for street trees, street furniture and view corridors. Other aspects of neighborhood design that contribute to a traditional streetscape are connected network of streets, alleys and sidewalks. Roadways and pedestrian ways are interconnected so that access for pedestrians, cyclists and automobile drivers is direct and convenient and allows traffic to be dispersed through a variety of streets and ways.Narrower streets designed with TND characteristics result in slower moving traffic and provide a safer,more pleasant pedestrian environment and encourages interaction among residents. A variety of residential housing types is proposed for a mixed housing stock and diversity of housing choices within the same neighborhood. Hip and gable roofs and I-and 2-story structures are proposed for a variety in architecture and design. Porches and balconies are depicted on the concept elevations for the townhome style units. Parking is located off internal private streets. The townhome style units have garages at the rear of the structures accessed from a private street. Internal walkways and private streets provide connections for pedestrians and vehicles to adjacent public streets and developments. The narrow private streets and center planter islands with bulb- outs assist in slowing traffic for a safer neighborhood and pedestrian environment. 3-37.Building Form& Character: Building Facades—Buildings should be designed so that their primary facades relate to active public spaces and pedestrian areas. The primary fagade of a structure is that frontage of the building that has been designed and detailed so as to represent the building's most important elevations. The primary fagade should always include an entry into the building. Entries should be located so as to provide direct access from adjacent public spaces,primary streets and activity areas. Access from walkways should be uninterrupted by vehicular traffic. Buildings should be located so as to help frame adjacent public spaces and to provide an architectural backdrop for associated passive and active activities. The space between a building fagade and the adjacent walkway should be appropriately landscaped with a combination of lawns,groundcover, shrubs and trees. Building facades front on internal private streets and common open space areas. The overall design of the development is very auto oriented, not pedestrian oriented as desired.Although there are a lot of walkways, there is a lot of asphalt in the site design and pedestrian crossings in vehicular use areas (i.e.private streets). For pedestrian safety and to delineate walkways, Staff recommends crossings are distinguished from vehicular driving surfaces through the use of pavers, colored or scored concrete, or bricks as set forth in UDC 11-3A-19B.4. The townhomes are designed so that their primary facades face the private street and have direct pedestrian access from the sidewalk along the private street. Landscaping(lawn, groundcover, shrubs and trees)should be provided between building facades and adjacent walkways. • Pitched Roofs: A mix of flat and pitched roofs are anticipated in the Ten Mile area based on a wide variety of individual buildings. Pitched roofs should be,where possible, symmetrical hips or gables, with a pitch between 4:12 and 12:12 with an overhang of at least 12 inches and a maximum of 2.5'. Roof brackets and rafter tail treatments are encouraged. A mix of symmetrical gable and hip style roofs are proposed. The conceptual elevations do not depict the pitch of the roofs or dimensions of the overhangs;all roof pitches should fall within the desired range. No roof brackets, rafter tail treatments or other similar architectural design elements are proposed but should be considered Compliance with the design standards in the Architectural Standards Manual is required. • 3-47.Public Art: Public art should be incorporated into the design of streetscapes,public buildings, parks,transit, infrastructure, and other public projects in the Ten Mile area. Public art should be meaningful and encourage the free flow of ideas and cultural ideologies. Public art should be integrated into either the architectural design or the design of plazas and public spaces associated with a building and should be easily visible to the public (e.g. visible from the street or publicly accessible open spaces rather than interior courtyards). Public art is not proposed but should be provided in accord with this guideline in a prominent location that provides an identity for the development.Details should be submitted prior to the City Council hearing on what type of public art is proposed and the location of such. The provision ofpublic art would also qualify as another amenity. 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): • `Encourage a variety of housing types that meet the needs, preferences, and financial capabilities of Meridian's present and future residents."(2.01.02D) The proposed single-family detached and attached/duplex and townhouse style dwellings will contribute to the variety of housing types and rental options available within the City. • "Permit new development only where it can be adequately served by critical public facilities and urban services at the time of final approval, and in accord with any adopted levels of service for public facilities and services."(3.03.03F) City water and sewer service is available and can be extended by the developer with development in accord with UDC 11-3A-21. • "Avoid the concentration of any one housing type or lot size in any geographical area;provide for diverse housing types throughout the City."(2.01.01 G) This overall area contains a variety of housing types, including single-family attached and detached homes, townhomes and apartments for sale and rent, which contributes to the diversity in housing types and options available within the City. • "Require all new development to create a site design compatible with surrounding uses through buffering, screening,transitional densities, and other best site design practices."(3.07.01A) Proposed structures are oriented to front on adjacent collector and arterial streets (Aviator& Franklin) as desired. A minimum 5-foot wide landscape buffer should be provided around the perimeter of the development in areas adjacent to vehicular use areas.A 100 foot wide strip of land owned by NMID exists along the eastern boundary of the site where the Purdam Gulch Drain is located, which will provide a spatial separation and buffer between the proposed townhome style units and single-family detached and attached units approved to develop in Alamar Subdivision to the east.A 20 foot wide landscape buffer exists along the shared property line on the school site to the west, which provides screening and buffering between land uses. • "Encourage compatible uses and site design to minimize conflicts and maximize use of land." (3.07.00) The proposed residential use and site design should be generally compatible with adjacent residential uses, the school and landscaping business. • "Support infill development that does not negatively impact the abutting, existing development. Infll projects in downtown should develop at higher densities,irrespective of existing development." (2.02.02C) The proposed infill development shouldn't negatively impact adjacent existing properties as similar uses and densities exist and/or are planned in this area. • "Ensure development is connected to City of Meridian water and sanitary sewer systems and the extension to and through said developments are constructed in conformance with the City of Meridian Water and Sewer System Master Plans in effect at the time of development."(3.03.03A) The proposed development will connect to City water and sewer systems with development of the subdivision;services are required to be provided to and though this development in accord with current City plans. • "Require pedestrian access in all new development to link subdivisions together and promote neighborhood connectivity."(2.02.01D) There are no multi-use pathways designated on the Pathways Master Plan for this site, nor are any pathways stubbed to this property other than the sidewalk along Aviator Street. There are no neighborhoods abutting this site. Internal pedestrian pathways provide access to the sidewalk along Aviator St. • "Require urban infrastructure be provided for all new developments, including curb and gutter, sidewalks,water and sewer utilities."(3.03.03G) Urban sewer and water infrastructure and curb, gutter and sidewalks are required to be provided with development of the subdivision. • "Maximize public services by prioritizing infill development of vacant and underdeveloped parcels within the City over parcels on the fringe."(2.02.02) Development of the subject infill parcel will maximize public services. VI. STAFF ANALYSIS A. DEVELOPMENT AGREEMENT MODIFICATION(MDA): The Applicant proposes a modification to the existing Development Agreement(DA) (Inst. #2020- 117678)to remove the property at 4540 W. Franklin Road from the agreement for the purpose of including it in the proposed multi-family development and associated DA. There is a conceptual development plan included in the DA that depicts a parking lot and a sports field for the adjacent charter school to the west that previously owned this property(see Section VIII.A). That plan is proposed to be replaced with the multi-family development plan proposed with the conditional use permit included in Section VIII.D. Since the time the DA was approved, a property boundary adjustment was approved(A-2020-0164,ROS#12525 -Parcel B)which broke this portion off into its own parcel. With the concurrent annexation request for the adjacent parcels to the east, Staff recommends a new DA as a provision of annexation.As a provision of the new DA, Staff recommends the property located at 4540 W.Franklin Rd. no longer be subject to the terms of DA Inst.#2020- 117678(Compass Public Charter School East Expansion H-2020-0042) and be subject to the terms of the new DA. A legal description and exhibit map are included in Section VIII.H for the overall boundary of the property subject to the new DA,which includes the subject parcel at 4540 W. Franklin Rd. and the property proposed to be annexed. B. ANNEXATION(AZ): The Applicant requests annexation of two parcels of land(i.e. Parcels#S1210336450& S1210336521) consisting of 10.29-acres with an R-15 (medium high-density residential)zoning district. The parcels are currently zoned RUT in Ada County. As discussed above in Section V,the proposal is generally consistent with the guidelines for development in the TMISAP except for certain design elements as noted. A preliminary plat, site plan and conceptual building elevations were submitted, included in Section VIII, showing how the property is proposed to be subdivided into one(1)building lot and one(1) common lot for the development of 122 multi-family residential units. The proposed residential use,mix of housing types and density of the development is consistent with the MHDR FLUM designation. The design partially incorporates traditional neighborhood design elements but not entirely as noted above in Section V. The proposed R-15 zoning and multi-family development with single-family detached&attached and townhome style units is compatible with adjacent future single-family detached and attached homes to the east in Alamar Subdivision, zoned TN-R; single-family attached homes and apartments to the northeast in Newkirk Subdivision,zoned R-15; and to future single-family attached homes approved in Aviator Subdivision to the north. This property is an enclave surrounded by City annexed land to the north,west and east. A legal description and exhibit map for the boundary of the property proposed to be annexed is included in Section VIII.B. This property is within the City's Area of City Impact boundary. The City may require a development agreement(DA) in conjunction with an annexation pursuant to Idaho Code section 67-6511A. To ensure future development is consistent with the guidelines for development in the TMISAP and with the development plan proposed,Staff recommends a DA is required with the provisions discussed herein and included in Section IX.A. C. PRELIMINARY PLAT(PP): A preliminary plat is proposed consisting of one(1)building lot and one(1)other lot on 11.47 acres of land in the R-15 zoning district(see Section VIII.C). Existing Structures/Site Improvements: There are two(2)existing homes and several outbuildings on the property that are proposed to be removed with development. Prior to the City Engineer's signature on the final plat,all existing structures that do not conform to the setbacks of the district are required to be removed.A detached sidewalk exists along W. Franklin Rd. on the western portion of the site that transitions to an attached sidewalk on the eastern portion of the site. Dimensional Standards: The proposed plat and subsequent development is required to comply with the dimensional standards listed in UDC Table 11-2A-7 for the R-15 zoning district. Access: Access is proposed via the extension of W. Aviator St., a collector street,which is planned to cross the northwest corner of the site and extend to the northeast through Aviator and Newkirk Subdivisions. If Aviator St. hasn't been constructed with Aviator Subdivision,ACHD is requiring the on-site and an off-site portion to be constructed with this subdivision. The street shall be designed consistent with Street Section C (major collector street)in the Ten Mile Interchange Specific Area Plan,unless an alternative street section is approved by ACHD (see pgs.3-20,3-22 and 3-23). Another access (N.Moshova Ave.)is proposed at the southwest corner of the site via W.Franklin Rd., an arterial street.ACHD is requiring this access to be a drive aisle or private street rather than a public street as proposed because there is no public benefit to a public street in this location.The access drive should be located along the west property line so that the adjacent property at 4610 W.Franklin Rd. has access to the driveway and a cross-access/ingress-egress easement should be required granting access to that property. The UDC (11-3F-4A.2)prohibits private streets from connecting to an arterial street unless otherwise approved through alternative compliance as set forth in UDC 11-5B-5. Therefore,the access should be constructed as a drive aisle. Private streets are proposed for internal access within the development and are required to comply with the standards listed in UDC 11-3F-4. The Director approved the private streets with the condition they're constructed on a lot in the subdivision rather than an easement since the property is being subdivided in accord with UDC 11-3F-4A.1; the plat should be revised accordingly.Where the private street connects to a public street(i.e.W.Aviator St.),the connection shall be approved by ACHD. The private streets should be constructed in accord with the standards listed in UDC 11- 3F-4B.2. A common/shared driveway exhibit was submitted for the access driveway to the townhome style units at the southeast corner of the site as shown in Section VIII.C.Because common driveways aren't allowed off of a private street and this driveway meets the standards for a private street,it should be constructed as a private street. No stub streets are proposed or recommended to adjacent properties as the property to the east where the Purdam Gulch Drain is located is owned by NMID and a crossing isn't needed in that area; and the northern portion of the property to the west is a school. The access proposed via Franklin Rd. will be located along the west property line so that the property to the west(currently a landscape business)has access via the drive aisle. Landscaping(UDC 11-3B): A 25-foot wide street buffer with an 8-foot wide parkway and a 5-foot wide detached sidewalk is required to be provided along W. Franklin Rd.,an arterial street,per UDC Table 11-2A-7,landscaped per the updated standards listed in UDC 11-3B-7C. On the eastern portion of the site where the sidewalk is attached, Staff doesn't recommend it's removed and replaced with a detached sidewalk as it's fairly new. A 20-foot wide street buffer with an 8-foot wide parkway planted with Class 11 trees and a 6-foot wide detached sidewalk is required to be provided along W. Aviator St., a collector street,per UDC Table I I- 2A-7 and Street Section C in the TMISAP, landscaped per the updated standards listed in UDC 11-3B- 7C. All common open space areas are required to be landscaped with one deciduous shade tree for every 5,000 square feet of area and include a variety of trees, shrubs, lawn or other vegetative groundcover per UDC 11-3G-5B.3. Shrubs should be added to common open space areas and the calculations table on the landscape plan(Sheet L5) should be updated to demonstrate compliance with this standard. There are several existing trees on this site that will be removed with development as depicted on the landscape plan. Mitigation is required to be provided per the standards listed in UDC 11-3B-10C.5; calculations demonstrating compliance should be included on the landscape plan submitted with the Certificate of Zoning Compliance and/or final plat application. Landscaping is required along all pathways per the standards listed in UDC 11-3B-12C. Common Open Space(UDC 11-3G-3): Because this is a multi-family development,the open space standards in UDC 11-3G-3 do not apply; however,the open space standards listed in UDC 11-4-3-27C for multi-family development do apply(see analysis below in the CUP section). Site Amenities(UDC 11-3G-4): Because this is a multi-family development,the site amenity standards in UDC 11-3G-4 do not apply;however,the site amenity standards listed in UDC 11-4-3-27D for multi- family development do apply(see analysis below in the CUP section). Sidewalks(11-3A-17): A detached sidewalk exists along the western portion of the site along W. Franklin Rd.that transitions to an attached sidewalk on the eastern portion of the site. The UDC(11-3A- 17)requires minimum 5-foot wide detached sidewalks along collector and arterial streets. Because this is a fairly new sidewalk, Staff doesn't recommend it's removed and replaced with a detached sidewalk. Staff recommends a 6-foot wide sidewalk is constructed along the collector street at the northern boundary of the site in accord with Street Section C in the TMISAP.No sidewalk is required along internal private streets. Staff does recommend a sidewalk is constructed along the entry drive aisle via Franklin Rd.for pedestrian connectivity and safety. Fencing(11-3A-7): Fencing is required to comply with the standards listed in UDC 11-3A-7. A fencing plan was submitted, included in Section VIII.E,that depicts 6-foot tall solid vinyl privacy fencing along much of the perimeter of the site. A 6-foot tall black iron open vision fencing is proposed around the swimming pool.A 4-foot tall solid vinyl fence with a 2-foot open vertical slat top is proposed in certain locations as depicted on the plan. Lighting(UDC 11-2D- : All lighting installed on the site should comply with the standards set forth in UDC 11-3A-11 and with the guidelines in the TMISAP. Waterways: The Purdam Gulch Drain lies along the east boundary of the site within a 100-foot wide easement on land owned by Nampa&Meridian Irrigation District.Where the drain shifts to the northwest at the northeast corner of the site,the easement encroaches on this site as depicted on the plat. A 6-foot tall closed vision vinyl fence is proposed within the easement area. Per NMID's comments in Section IX.F,no structures shall encroach within the easement area without a signed License Agreement and approved plan before construction. The UDC (11-3A-6C.3)requires an open vision fence at least 6-feet in height and having an 11- gauge,2-inch mesh or other construction,equivalent in ability to deter access if the drain isn't improved as a water amenity or linear open space.Therefore, Staff recommends the fencing type is changed to 6-foot tall black iron open vision fence along the east boundary of the site and across the northeast corner of the site at the easement line if an encroachment agreement isn't obtained from NMID for the proposed fence. Utilities (UDC 11-3A-21): Connection to City water and sewer services is required in accord with UDC 11-3A-21. Street lighting is required to be installed in accord with the City's adopted standards, specifications and ordinances. Pressurized Irrigation System (UDC 11-3A-15): Underground pressurized irrigation water is required to be provided to each lot within the subdivision as set forth in UDC 11-3A-15. 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. A geotechnical resort was submitted with this subdivision. D. CONDITIONAL USE PERMIT A conditional use permit is proposed for a multi-family development consisting of 122 dwelling units on 11.47 acres of land in the R-15 zoning district. A mix of housing types are proposed including(18)2- bedroom single-family detached style homes, (6) 3-bedroom single-family detached style homes, (56) 1- bedroom single-family attached/duplex style units, and(42)townhome style units with(28)2-bedroom units and(14) 3-bedroom units. All units will be for rent and are located on one lot rather than individual lots,which constitutes a multi-family development. A multi-family development is listed as conditional use in the R-15 zoning district per UDC Table 11- 2A-2 and is subject to the specific use standards listed in UDC 11-4-3-27:Multi-Family Development as follows: "B. Site Design: 1. Buildings shall provide a minimum setback of ten feet(10')unless a greater setback is otherwise required by this title and/or title 10 of this Code. Building setbacks shall take into account windows, entrances,porches and patios,and how they impact adjacent properties. The proposed multi family structures appear to comply with the minimum setbacks required for the R-15 zoning district listed in UDC Table I1-2A-7 if the street buffer along the collector street(W. Aviator St.) is placed in an easement rather than a common lot.Also, comply with building code requirements for separation between structures within the development. 2. All on-site service areas, outdoor storage areas,waste storage, disposal facilities, and transformer and utility vaults shall be located in an area not visible from a public street, or shall be fully screened from view from a public street. The site plan depicts four(4) trash enclosures within the site that are screened and not visible from a public street; all proposed transformer/utility vaults and other service areas shall comply with this requirement. The trash enclosure should accommodate recycling. 3. A minimum of eighty(80)square feet of private,usable open space shall be provided for each unit. This requirement can be satisfied through porches,patios,decks, and/or enclosed yards. Landscaping, entryway and other access ways shall not count toward this requirement. In circumstances where strict adherence to such standard would create inconsistency with the purpose statements of this section,the Director may consider an alternative design proposal through the alternative compliance provisions as set forth in section 11-5B-5 of this title. The open space exhibit, included in Section VIII.F, demonstrates compliance with this standard. The landscape plan depicts enclosed yards for the single-family style units. 4. For the purposes of this section,vehicular circulation areas,parking areas, and private usable open space shall not be considered common open space. These areas were not included in the common open space calculations for the site. 5. No recreational vehicles, snowmobiles,boats or other personal recreation vehicles shall be stored on the site unless provided for in a separate, designated and screened area. The Applicant shall comply with this requirement. 6. The parking shall meet the requirements set forth in chapter 3, "Regulations Applying to All Districts", of this title. The proposed parking meets and exceeds UDC standards per the analysis below. Based on (56) 1-bedroom units, (46)2-bedroom units and(20) 3-bedroom units, a minimum of 248 off-street parking spaces are required, including(12)spaces for guest parking, with 122 of those in a covered carport or garage.A total of 260 spaces are proposed with 165 of those being covered(i.e. 84 in-unit garages, 23 in separate garages and 58 covered carport spaces) and 95 surface spaces, which exceeds the minimum standard by 12 spaces.Accessible parking is required in accord with ADA standards. Based on 260 vehicle parking spaces, a minimum of 10 bicycle parking spaces are required to be provided in accord with the standards listed in UDC 11-3C-5C.A total of 30 bicycle spaces are proposed in accord with and exceeding this standard. 7. Developments with twenty(20)units or more shall provide the following: a. A property management office. b. A maintenance storage area. c. A central mailbox location, including provisions for parcel mail,that provide safe pedestrian and/or vehicular access. d. A directory and map of the development at an entrance or convenient location for those entering the development. (Ord. 18-1773,4-24-2018) The narrative states these items have been incorporated into the design; the site plan submitted with the Certificate of Zoning Compliance application should depict the location of these items in accord with this standard. C. Common Open Space Design Requirements(UDC 11-4-3-27C): The total baseline land area of all qualified common open space shall equal or exceed ten(10) percent of the gross land area for multi-family developments of five(5)acres or more.Based on 11.47 acres of land in the development, a minimum of 1.15 acres of common open space that meets the qualifications listed in UDC 11-4-3-27C.2 is required. In addition to the baseline open space requirement, a minimum area of outdoor common open space shall be provided as follows: a. One hundred fifty(150) square feet for each unit containing five hundred(500) or less square feet of living area.None of the units are below 500 square feet(sf.) of living area. b. Two hundred fifty(250) square feet for each unit containing more than five hundred(500) square feet and up to one thousand two hundred(1,200) square feet of living area. 4I1122 102 units are between 500 and 1,200 s f.; therefore, a total of 30,500 25,500 s f. (or 9-78 0.59-acre) of common open space is required that meets the standards in UDC 11-4-3-27C. c. Three hundred fifty(350) square feet for each unit containing more than one thousand two hundred(1,200) square feet of living area.None 20 of the units are over 1,200 sf of living area; therefore, a total of 7,000 s.f. (or 0.16 acre) of common open space is required that meets the standards in UDC 11-4-3-27C. Per the above standards, a minimum of 4-.8-5 1_9 acres of common open space is required overall. The revised common open space exhibit included in Section VIII.F depicts a total of 24 2.15 acres of common open space, not including parkways which don't meet the minimum width requirement of 20 feet, which exceeds the minimum standard by 0.25-acre; hewever it M ud areas that pen spaee area depieW along AL AWnging Lake Ln. and along the east bewidaij,,ef the site don't nieet the minintunt area and diniensien standatW neted below).pa4dng areas, and the linear e Common open space shall be not less than four hundred(400) square feet in area,and shall have a minimum length and width dimension of twenty feet(20'). In phased developments, common open space shall be provided in each phase of the development consistent with the requirements for the size and number of dwelling units. This project is proposed to develop in one phase. Unless otherwise approved through the conditional use process,common open space areas shall not be adjacent to collector or arterial street buffers unless separated from the street by a berm or constructed barrier at least four feet(4') in height,with breaks in the berm or barrier to allow for pedestrian access. (Ord. 09-1394, 3-3-2009, ef£retroactive to 2-4-2009)Some of the common open space is located adjacent to a collector street(Aviator St) and an arterial(Franklin Rd.)street— The Applicant shall provide a berm or constructed barrier as noted unless otherwise approved through the CUP process. TheAppfieant sheuld state what their intenfiens are at Me GOMMissi through the A 4-foot tall berm is depicted on the landscape plan. Staffrecommends a break in the berm is provided and the Pedestrian pathway is extended to the sidewalk along Franklin Rd. in the central common area between the 1-and 2-bedroom units. D. Site Development Amenities: All multi-family developments shall provide for quality of life, open space, and recreation amenities to meet the particular needs of the residents as noted in UDC 11-4-3-27D. The number of amenities shall depend on the size of the multi-family development based on the number of units. For multi-family developments with 75 units or more, such as this,four(4) amenities shall be provided with at least one(1) from each category. For multi-family developments with more than 100 units,the decision-making body shall require additional amenities commensurate to the size of the proposed development.Based on 122 units, Staff recommends a minimum offive (5) amenities are provided with at least one (1)from each category. The following amenities are proposed from each of the following categories: 1)Quality of Life— clubhouse,dog park(a waste station is required); Open Space—community garden; Recreation— swimming pool, internal walking trails, children's play structure; and,Multi-Modal—charging stations for electric vehicle. The proposed amenities meet and exceed UDC standards. E. Landscaping Requirements: Development shall meet the minimum landscaping requirements in accord with chapter 3, "Regulations Applying to All Districts",of this title.Additionally, all street facing elevations shall have landscaping along their foundation that complies with the standards listed in UDC 11-4-3-27E.2. The landscape plan submitted with the Certificate of Zoning Compliance application should depict landscaping along the street facing elevations of all buildings along W. Franklin Rd. and W.Aviator St. in accord with these standards. Landscaping is required to be provided along all pathways per the standards listed in UDC 11-3B-12C. Street buffer landscaping along W.Aviator St., a collector street, and W. Franklin Rd., an arterial street, is required to be installed with the subdivision improvements. Depict a minimum 5-foot wide buffer around the perimeter of the development in areas adjacent to vehicular use areas with landscaping as set forth in UDC 11-313-8C.1. F. Maintenance and Ownership Responsibilities: All multi-family developments shall record legally binding documents that state the maintenance and ownership responsibilities for the management of the development,including,but not limited to, structures,parking, common areas,and other development features." The Applicant shall comply with this requirement;a copy of such shall be submitted to the Planning Division prior to issuance of the first Certificate of Occupancy within the development. Pathways(UDC 11-3A-8): The Pathways Master Plan does not depict a multi-use pathway on this site. No pathways are proposed except for sidewalks required along streets within the development and internal pedestrian pathways. All pathways should be constructed in accord with the standards listed in UDC 11-3A-8. For better pedestrian connectivity, Staff recommends the north/south pathways next to the linear open space at the west boundary of the site between Mount Elbert W. Ski Jump Ln. &Paid W.Fresh Powder Lane are connected; and a walkway is added on the south side of W. Fresh Powder Ln. on the north side of the common area where the clubhouse& swimming pool is located. Staff further recommends pedestrian crossings across private streets are distinguished through the use of pavers,colored or scored concrete, or bricks as set forth in UDC 11-3A-19B.4b. Building Elevations: Conceptual building elevations were submitted for the proposed structures within the development as shown in Section VIII.G. Building materials appear to consist of a stucco-like material with wood look lap siding and stone accents with asphalt shingle roofs. Design Review: A design review application(s)is required to be submitted for all structures within the development. Final design of all structures should comply with the multi-family design standards listed in the Architectural Standards Manual(ASM) and the traditional neighborhood design guidelines in the Ten Mile Interchange Specific Area Plan(TMISAP)for the MHDR FLUM designation(see the Application of Design Elements table on pg.3-49)—the proposed conceptual elevations are not approved. Certificate of Zoning Compliance (CZC): A CZC application is required to be submitted for the multi- family development; compliance with the specific use standards listed in UDC 11-4-3-27 is required. VII, DECISION A. Staff: Staff recommends approval of the proposed Development Agreement Modification,Annexation with the requirement of a Development Agreement,Preliminary Plat and Conditional Use Permit per the provisions in Section IX, in accord with the Findings in Section X. The Director has approved the proposed private streets within the development per the provisions in Section IX, in accord with the Findings in Section X. B. The Meridian Planning&Zoning Commission heard these items on April 6,2023. At the public hearing,the Commission moved to recommend approval of the subject AZ, CUP and PP requests. 1. Summary of Commission public hearing: a. In favor: Elizabeth Koeckeritz, Givens Pursley;David Bailey,Bailey En ing eering En ineer b. In opposition:None c. Commenting. None d. Written testimony: Shannon Ely,Baron Properties (Applicant) e. Staff presenting application: Sonya Allen f. Other Staff commenting on application: Bill Parsons 2. Key issue(s) testimony a. The Applicant requests the proposed private streets are allowed to be in an easement rather than a common lot due to the nature of the project and the civil complexities associated with it and concerns pertaining to spacing&easements(condition#A.2.I c),- the private street names are updated in condition#A.3.6m to reflect the new names; and condition#13.2.9 ("Street suns 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° or building permits.') is deleted in its entirety and replaced with the following condition, which is consistent with their arrangements with other Modern Craftsman projects: "Prior to Vertical permit acceptance/receipt, street signs are to be in place, sanitary sewer may be installed/inspected in part or in whole (but not required as activated or fly approved as not necessary for site safety), and water systems activated and approved as related to hydrant locations, road base installed and approved for use and capacity of80,000 lb. vehicle,prior to payment or receipt of vertical building permits. Vertical building permit plan sets may be submitted and reviewed/approved prior to horizontal acceptance of above listed requirements. However, approved plan sets may not be paid for or collected until horizontal acceptance. This stipulation does not pertain to garage buildings or vertical structures located within the driveways, drive isles, or site roads to be constructed. Garage buildings or vertical structures located within the driveways, drive isles or site roads are allowed to proceed with plan submittals, reviews and approvals along with permit payment and receipt, and can be constructed concurrent with completion of horizontal requirements for the site, and be permitted prior to horizontal acceptance to minimize access impact in regard to the emergency access of the site." 3. Ke, ids)of discussion by Commission: a. Discussion pertainingto o the private street being in an easement as requested by the Applicant,rather than a common lot as preferred by the UDC—preference to uphold the Director's decision if a request for City Council review of the Director's decision is submitted. b. Not in favor of approving an alternative compliance request that would provide more private open space in lieu of the required common open space. Would prefer the Applicant make more of an effort to comply with the minimum UDC standards for common open space without degrading the quality of the development. 4. Commission change(s)to Staff recommendation: a. At Staff s request, a condition was added for a sidewalk to be provided along the south side of W. Fresh Powder Ln. on the north side of the common area where the community center is located for pedestrian connectivity and safety(A.3.6o). b. At the Applicant's request,update the street names referenced in condition#A.3.6m per the updated plans. C. At the Applicant's request,modify condition#B.2.9 per the language proposed by the Applicant and agreed upon b, Staff. 5. Outstanding issue(s) for City Council: a. None C. The Meridian Citv Council heard these items on May 9,2023.At the public hearing,the Council moved to approve the subject AZ, CUP.MDA and PP requests. 1. Summary of the City Council public hearing: a. In favor: Elizabeth Koeckeritz, Givens Pursley; Matthew Riggs,Applicant b. In opposition:None C. Commenting: Susan Luke, Compass Charter School;Kristy Inselman,ACHD d. Written testimony: Elizabeth Koeckeritz, Givens Pursley(in agreement with the Commission recommendation) e. Staff presenting application: Sonya Allen f. Other Staff commenting on application: Bill Parsons 2. Key issue(s)of public testimony: a. Request for a"no parking" sign to be installed along Aviator while construction is going on to help with traffic flow and congestion for the adjacent charter school, especially during arrival and dismissal. 3. Key issue(s)of discussion by City Council: a. Preference to see revisions to the elevations to more closely comply with the traditional neighborhood design guidelines,including front porches; b. The plan for public art within the development. 4. City Council change(s)to Commission recommendation: a. Modify DA provision#1.1f to include the specific requirement for front porches to be provided on units facing the boulevard: b. Include a requirement for pedestrian connections to be provided across parkways to the detached sidewalks adjacent to parallel parking spaces the north/south boulevard (see condition#3.6p). C. Include a requirement for the Applicant to work with Staff and Compass Charter School on traffic calming or other measures on the private streets to enhance safety condition#3.6g). VIII. EXHIBITS A. Conceptual Development Plan Included in Development Agreement(Inst. #2020-117678 H-2020-0042) for Property Located at 4540 W. Franklin Rd. lid �r 1 pow r If, I' IL 13{ r I I k II III ..I I •tMa.r I � �Y 1 ,�«. I i i I !i�! 717 i ._ IJ. I I � _ OMPASS ,., ."�'-,. Qouma U A I M E B. Annexation Legal Description and Exhibit Map Desorption for R-15 Zone Colorado Ridge Subd+virlon Oedaber 1.9' 200.'t2 A portion of the Southwest 1 J4 of the Southwest 114 4f Section 10,Tewnsh ip 3 North, Flange 1 West, Boise Medd►an.Ada Counly, Idaho, more particularly described as follows; Gornrnenc�ng at the Section corner common to Sections 9. 10, 15 and 16, T.3N,, R-TW., B.M. from which the 114 comer common to said Soctiwt, 10 and 15, bears South 89615'34" Easl, 2640-54 f Rat thence on the south boundary line of sald Section 10 S6uti-I$9°15'84`t=ala1, 908-44 feet to the REAL POINT OF$EGINNI � thtience leaving said south boundary line, North V8',3V14' East, iudr.m test; thence South 84"155Q' East,412.W feet to the east boundary line of the 5oulhlwest 1f4 of the Southwest 114 of sad Section 10; thence on said east boundary llne, South oG,s6,3s, Vest, 1087-99 feet to the West 1116 corner common to said 5ectionis 10 and 15: thence on the south boundary line of said Section 10. North OW15'34"West, 41 t,97 feet to the REAL POINT OF BEGINNING. Containing 10-291 acres,more or Jess. End of Description- 0 ENS � 11779 C, $OF Xp Mr- Page 1 of >I I S89'15150"C 412-30' 0 50 100 200 40D W. Aviator St. t t14,291 AcroB Lo 0 a � I �Go I in I � 0 CL a S_9 S_10 9Q8,#4' _. :W. Framklln Rd. 1320-21' 1 f4 5.14 51ri y.t5_ REWolnk rd89Y5'34"N A11.&7' WSfi6 _�_ }5 of RagInning 9osie of BearaSga SOR15'34'E ?. 4U.54' q 1177 �.., �.s• ..s...�.. n�, , IQf H Annexation Exhibit far Job Ha. SURVEY #�T-15 bane 2- Calorpdo Ride Subdivision 1 GROUP, LLC A WOM of Uto- SW4 W Lh. 5w+/4 Qr Si. ao, o.q, oat. T.W. otlk, P.M., Ado bn4nty. Iffan,x llopp/2cm B. Preliminary Plat(dated: 10/20/22) F _ 1" .i r ' Y � 1 n. ;� :L .r. •rr. ti d � 1 `.xr yy 4 ��.• Lf W � Us +1MrrP+� C. Common/Shared Access Drive Exhibit—NOT APPROVED AS A COMMON DRIVEWAY(TO BE APPROVED AS A PRIVATE STREET) SIFUREL ACCESS DRIVE FOR C OLORADO RIDGE A PORTION OF W 1/1 OF TER 'W 1f1 OF SECTION 10 TOWMWIF 3 `IORTH, RANGE 1 WE.W. 1901A M RIDIAV MERIDUN, ADA COIINTF, II}AHO 2022 LL W C PRIVATE} Ld I I L C�1 ::aI I � 1 f i I � a o <w ?C ;Er E'.T. i;'L3 l � I I I0013L II I SCALE IN FEET —20' iley Engineering, Inc, PAXS IL EN131NEERIN a I P�arfNIM I CARD�a�r.ar�si.xn-c 3�c . LADLE 1F M6 vwso�,r�— D. Site Plan(dated: 10/20/2022) 'oNWMN4L r,R sos jun NW l MTaLQ IPILJ Ir P. Lfw%rr'j,rrUdIPI:trli'1, ,c T -X lei I. 1.. PILLILI •JS' _ "� _ ea ti o E. Landscape Plan&Fencing Plan(dated: 10/18/2022) _M f T LO R ADO R I D G E MIEFLIDIA . ip ---- -- ;UP LANDKAPf PLAN Am $ L 5 LU O r Tyr � O A LJ �re3 �1T� '.rrrsi i,i•r1xwii•t Ll *fir b..YiF I l,r�raia:- fr i w,Ooe L, y �� WAMA1 WILL iJ. I v 7 LU .. i_ a iC l i t� *fir r��i�r7E hL Tr_ raP, i +Yp �k.... - rL r. L2 I LUTPM 41 --_-- :SAdQ LA _ ILLU rtAq rL�wi r;Lr-it r I &x 1s w La - — � n n .. 11 - T, �, �. •i�Hlll•�� � �� �• .a- _ _�; � - -- _ 'i4rTdlli'�' - 4YR'}rY1Ll4'lif � O _ 3 N .Mmg--a La PL+P.T FALrTfE ,�.:a,:,kr .,,x.. ..x.. ,. .. �t ;.irr. ��savaal•-r.�r ;� ,. ��!rt�„�• attar 1-..I•w,r y. 7�7'Si�k'�.tir'�4'���5?�Y,��:1Ftis2�'���ruYs.�a •Y �r _.-:,�.=� „,„ -.�. IF- '"^iftialrx• 4u 'x?f ':ri;'Sss _ IAt J:JwILE--I dw L-jar,,,— f� Eg µ g 1-kh.G5c h1nC c�L frLL Y 1 Item-- sr r�LoftAtk t twr Fort: ^7��irr,r� �.�����,«,err'��-:7�•,,,.,.�,,..,.,...,,.,,,.,. o�rua F. Common Open Space Exhibit(dated: 10,12W20 z 4/21/23)REVISED uM 51,tll EMLOT YQA I g . [•o-voasan mocy qj � L Y _ ■ �,y J � I Jmm W F' .ate W w 1 [: �� 1 G. Conceptual Building Elevations _MODERN CRAFTSMAN fPn4L A — CZ1.19F-�!ENTRY FEATURE Ic Elm Elm d1 At- LIME goo MODERN CRAFTSMAN 11��1kY4ri F:1 EG/R*A! DIY•Ill[P -- — E3AFi07J I i M t� E L ODEFIN CRAFTSMAN MEN LINE WIEN SAPOKI -AU H M E L vow MODERN— CRAFTSMAN t. SIMON �eEn�sang[M.d�j,pc r i &OMO1 HUMMEL MODERN- - GROTS AN 2 BED 2 BATH TYPE A ML RF -- _— LINE BARON duMMEL MODERN- CRAFTSMAN 2 Oa 2 BATH TYPE e .iE ti Em BARON {u M h1 E L w OPP * MODERN- CRAFTSMANair rm f Ed tali LJLAm 1Uhsh+EL MODERN- CRAFTSMAN �0E-S7{ E�lal.l7wk3 OLIN ' •uwrs� E - ° BA N -�uMMEL MODERN CRAFTSMAN 70WNI-MSES-e PLFX EIMMI E17M-- - _ I - t MEN BARON Lr M Al E L H. Legal Description for Property Subject to New Development Agreement Description for Colorado Ridge Subdivision April 4,2023 A parcel of land located in the Southwest 1f4 of the Southwest 114 of Section 10, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the Section corner common to Sections 9, 10, 15 and 16, T.3N.,R.1W., B.M.from which the 1/4 corner of said Sections 10 and 15, bears South 89015'34" East,2640.54 feet;thence on the south boundary line of said Section 10 South 89'15'34" East,702.06 feet;thence leaving said south boundary line, North 00°36'35" East,36.88 feet to the REAL PDINT CF BEGINNING; thence continuing North 00*36'35" East, 319.00 feet; thence South 89'15'38" East, 206.24 feet; thence North 00°35'14" East, 732.97 feet; thence South 89'15'50" East,412.30 feet to the east boundary line of the Southwest 114 of the Southwest 114 of said Section 10; thence on said east 'aaundary line,South 00°36'35" West, 1,057.89 feet to the north right-of-way line of W. Franklin Road; thence on said north right-of-way iine the following three (3) courses and distances: North 89°15'34"West, 65.81 feet; !North 00°44'26" East, 5.88 feet; North 89'15'34' west, 552.95 feet to the REAL POINT OF BEGINNING. Containing 11.472 acres, more or less. End of Description. y0,,NNL LAND 5 \C E NS s fi 11779 �q�� 23 Pz° Q �EOF0) McCK Page 1 of 1 I I Scale: 1"=200' I—� 389'15'54'E 412.30' 0 50 100 200 400 W. Aviator St. a+ cV UJ uµ�_7 O � G 111.472 Acres �n is 0 8 S8915'38"E 206 24 w tn � � r �6 11 Z Real Point m of Beginning 589'i5'34"E 552.95' 5.9 5.10 W. Franklin Rd. L4- L3 1320 23' 1/4 S.10 5-16 5.15 702.06' 618.25 L2 ——— — Wi f16 ,, Basis of Bearings .., ' S89-15'341 2640.54' Line Table OB Line Bearing Length \ NLLA�y��NS S PZ- L1 N40'36'35"E 35.88' r L2 N00'36'35"E 30.00' a_ 11779 L3 N59'15'34'W 65.31' C', L4 N00'44'26"E 5.88' OF 1� p P�Cgwotlo Rdge(.190 rrc 1,)22-045\-g,Pp1ok Z,dxg -r,/2023 2:38 56 PM ,fob No. IDAHO Exhibit Map for 22-045 9955 W.EMERALD S,. SURVEY .UAHa83,� Colorado Ridge Subdivision Sheet No. iMg}8aM� 1 GROUP L.L.0 A Parcel of land located In the SM/4 of the Sw1/4 of Owg. dote Section 40, T.3f1_, R-iW-, 8-64., Ado County, Idaho, 4/4/2U23 IX. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION 1. Annexation 1.1 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. The southwest portion of the property located at 4540 W. Franklin Rd. (Parcel#S 1210336405) shall no longer be subject to the terms of the previous Development Agreement recorded as Instrument#2020-117678(Compass Public Charter School East Expansion H-2020-0042)and shall instead be subject to the terms of the subject Development Agreement. b. Future development of this site shall be generally consistent with the preliminary plat, site plan, landscape plan, qualified open space exhibit and conceptual building elevations included in Section VIII and the provisions contained herein. c. Right-of-way shall be dedicated and/or the collector street(W. Aviator St.)shall be constructed across and adjacent to the northwest corner of this site on-and off-site as required by ACHD. The shall be designed consistent with Street Section C(major collector street)in the Ten Mile Interchange Specific Area Plan(see pgs. 3-20, 3-22 and 3-23). d. Public art of a high quality of design shall be provided within the development and incorporated into the design of the streetscape or publicly accessible open space as set forth in the TMISAP (see pg. 3-47). The art shall be provided in a prominent location and should provide an identity for the development. e. A maximum of 122 multi-family units shall be constructed within this development. f. A Design Review application shall be submitted for all structures within the multi-family development. Compliance with the design standards listed in the Architectural Standards Manual and the guidelines in the Ten Mile Interchange Specific Area Plan(TMISAP) is required. The residential development shall be developed in consideration of traditional neighborhood design principals and concepts as set forth in the TMISAP for the MHDR Future Land Use Map designation as specified in the Application of the Design Elements table on pg. 3-49 including but not limited to: roof pitch and overhang(roof brackets and rafter tail treatments are encouraged design elements), and front porches for street-facing units on the north/south boulevard. g. Pedestrian-scale lighting should be provided on all building facades facing the street and internal walkways in accord with the TMISAP(pg. 3-34). h. The space between the building fagade and adjacent walkway should be appropriately landscaped with a combination of lawns, groundcover, shrubs and trees in accord with the TMISAP (pg. 3-37). 2. Preliminary Plat 2.1 The final plat shall include the following revisions: a. Depict the extension of the collector stub street(i.e. W.Aviator St.)across the northwest corner of the site as required by ACHD. b. A drive aisle access shall be depicted via W. Franklin Rd.,an arterial street, at the southwest corner of the site along the west property line to ensure the parcel to the west has access to the drive aisle, as required by ACHD. c. Depict the internal private streets in a lot within the subdivision per UDC 11-3F-4A.1. Where the private street connects to a public street(i.e. W. Aviator St.),the connection shall be approved by ACHD. d. Depict a minimum 20-foot wide street buffer along W. Aviator St., a collector street, in a permanent dedicated buffer easement with an 8-foot wide parkway and a 6-foot wide detached sidewalk,per UDC Table 11-2A-7 and Street Section C in the TMISAP,unless an alternative street section is approved by ACHD. eIRVa LAFle RaVel Lime Lane Lane foram-dA dkiam 2.2 The landscape plan submitted with the final plat shall include the following revisions: a. Include mitigation calculations on the plan for existing trees that are proposed to be removed in accord with the standards listed in UDC 11-3B-I005. b. Depict landscaping within the 20-foot wide street buffer along W. Aviator St. in accord with the updated standards listed in UDC 11-3B-7C.An 8-foot wide parkway is required along the collector street planted with Class 11 trees and a 6-foot wide detached sidewalk as set forth in the TMISAP (Street Section Q. Include the linear feet of buffer with the number of required vs.provided trees in the Landscape Calculations table on Sheet L5 that demonstrates compliance with UDC standards. c. Depict landscaping within the 25-foot wide street buffer along W. Franklin Rd. in accord with the updated standards listed in UDC 11-3B-7C. d. Change the fencing type along the east boundary of the site adjacent to the Purdam Gulch Drain to 6-foot tall wrought iron in accord with UDC 11-3A-6C.3.Fencing should not encroach within the easement at the northeast corner of the site without a License Agreement with NMID. e. Depict enhanced landscaping and design features in the street buffer along W. Franklin Rd. that meets the entryway corridor standards in UDC 11-3B-7C.3fin order to count 50%of the street buffer toward the open space requirement in UDC 11-3G-3A.1. f. Provide a 4-foot tall berm(or constructed barrier)within the street buffer along W. Franklin Rd. as proposed in accord with UDC 11-4-3-27C.7. Provide a break in the berm and extend the pedestrian pathway in the central common area between the 1-and 2-bedroom units to the sidewalk along Franklin Rd. 2.3 The proposed plat and subsequent development is required to comply with the dimensional standards listed in UDC Table 11-2A-7 for the R-15 zoning district. 2.4 No structures shall encroach within the Nampa&Meridian Irrigation District's easement for the Purdam Gulch Drain that crosses the northeast corner of the site without a signed License Agreement and approved plan before construction. 2.5 A cross-access/ingress-egress easement shall be granted to the property to the west at 4610 W. Franklin Rd. (Parcel#S 1210336377) for access to the drive aisle via W.Franklin Rd. located along the west property line. 2.6 Prior to the City Engineer's signature on the final plat, all existing structures that do not conform to the setbacks of the district shall be removed. 2.7 Approval of a preliminary 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. Upon written request and filing by the applicant prior to the termination of the period in accord with subsections(A)and(B) of UDC 11-6B-7,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 this title. 3. Conditional Use Permit 3.1 The multi-family development shall have an ongoing obligation to comply with the specific use standards listed in UDC 11-4-3-27. 3.2 The multi-family development shall record a legally binding document that states the maintenance and ownership responsibilities for the management of the development, including, but not limited to, structures,parking, common areas, and other development features as set forth in UDC 11-4-3-27F. A recorded copy of said document shall be submitted to the Planning Division prior to issuance of the first Certificate of Occupancy for the development. 3.3 Comply with building code requirements for separation between structures within the development. 3.4 Site amenities shall be provided as proposed from each of the following categories: 1) Quality of Life—clubhouse, dog park(a waste station is required); Open Space—community garden; Recreation—swimming pool, internal walking trails, children's play structure; and,Multi-Modal —charging stations for electric vehicles, in accord with UDC 11-4-3-27D. Other comparable amenities may be considered by the Director. 3.5 The trash enclosures shall accommodate recycling. 3.6 The site and/or landscape plan submitted with the Certificate of Zoning Compliance shall be revised as follows: a. Remove the street sections for N.Moshova Ave. and depict a drive aisle instead of a public street on the plan. The drive aisle shall be located along the west property to ensure the parcel to the west can utilize the access.Depict a sidewalk along the drive aisle for pedestrian connectivity and safety. b. Change the fencing type along the east boundary of the site adjacent to the Purdam Gulch Drain to 6-foot tall black iron open vision fencing in accord with UDC 11-3A-6C.3 to deter access to the lateral. If the fence is placed within the easement area, a License Agreement shall be required with NMID. c. All transformer and utility vaults and other service areas shall be located in an area not visible from a public street,or shall be fully screened from view from a public street in accord with UDC I1-4-3-27B.2. d. Depict landscaping along the foundation of all street facing elevations adjacent to W. Aviator St. and W. Franklin Rd., as set forth in UDC 11-4-3-27E.2. e. Depict landscaping along all pathways in accord with the standards listed in UDC 11-3B- 12C. f. Include mitigation calculations for trees removed from the site as set forth in UDC 11-3B- 10C.S, g. Depict landscaping within common open space areas as set forth in UDC 11-3G-5B.3; include calculations in the Landscape Calculations table that demonstrate compliance with the updated standards. h. The drive aisle via W. Franklin Rd. shall be located along the west property line in order to provide a shared access to the property to the west(Parcel#S1210336377). i. Depict a minimum 5-foot wide buffer around the perimeter of the development in areas adjacent to vehicular use areas with landscaping as set forth in UDC 11-3B-8C.1. j. Depict the location of the property management office,maintenance storage area,central mailbox location(including provisions for parcel mail,that provide safe pedestrian and/or vehicular access), and a directory and map of the development at an entrance or convenient location for those entering the development as set forth in UDC 11-4-3-27B.7. k. Depict a berm or constructed barrier at least 4-feet in height,with breaks in the berm or barrier to allow for pedestrian access along W.Aviator St. and W. Franklin Rd., as set forth in UDC 11-4-3-27C.7,unless otherwise approved through the conditional use process. 1. Depict a waste station in the dog park as required by UDC 11-4-3-2 7D.M. in. Connect the north/south pathways on the east side of the linear open space at the west boundary of the site between Mow#Elbe W. Ski Jump Ln. &Pyfamid W. Fresh Powder Lane. n. Distinguish pedestrian crossings across private streets through the use of pavers, colored or scored concrete,or bricks as set forth in UDC 11-3A-19B.4b. o. Depict a sidewalk along the south side of W. Fresh Powder Ln. on the north side of the common area where the community center is located. p. Depict pedestrian connections across parkways to the detached sidewalks adjacent to parallel narking spaces alone the north/south boulevard as discussed at the City Council hearing. q= Depict traffic calming or other measures on the private streets to enhance safety as discussed at the City Council hearing(work with the Compass Charter School and Staffl. 3.7 All internal private streets shall be constructed in accord with the standards listed in UDC 11-3F- 413.2. The Applicant or owner shall have one (1)year to complete 3.8 All pathways shall be constructed in accord with the standards set forth in UDC 11-3A-8. 3.9 A minimum of 445 2.15 acres of common open space is required,as proposed,that complies with the standards for qualified open space listed in UDC 11-4-3-27C. shall be sHbniitted Mat denianstffitaq eeniplianee with the required standatWq OR an ahemative 3.10 A minimum of 260 off-street parking spaces shall be provided for the multi-family development with a minimum of 165 of those spaces in a covered carport or garage as proposed on the site plan, in accord with UDC Table 11-3C-6. 3.11 A Certificate of Zoning Compliance and Design Review application shall be submitted and approved for the proposed use prior to submittal of a building permit application. The design of the site and structure shall comply with the design guidelines in the Ten Mile Interchange Specific Area Plan, the standards listed in UDC 11-3A-19 and the design standards listed in the Architectural Standards Manual. 3.12 The conditional use permit is valid for a maximum period of two (2) years unless otherwise approved by the City. During this time, the Applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground as set forth in UDC 11-5B-6.A time extension may be requested as set forth in UDC 11-5B-6F. B. PUBLIC WORKS 1. Site Specific Conditions of Approval 1.1 Since the 6-plex's to the east and west will not be individually owned lots,have a single meter come off of W Chair lift for each individual building instead of extending a water main down the common driveway. 1.2 Water services up to the meter are the responsibility of the City and require a 20'easement up to the meter and 10'beyond. 1.3 Water main needs to be on the north side of the private drives and a minimum of 25'from all infiltration structures unless an alternative protection per DEQ is provided. 1.4 Water main pipe sizes were not provided in the plans.Water was modeled with all mains being 8" 1.5 Any unused sewer stubs must be abandoned per City requirements 1.6 All manholes must have a 14ft wide graveled/paved access path per City requirements. 1.7 Infiltration trenches and other permanent structures(trees,bushes,buildings, carports,trash receptacle walls, fences, light poles, etc.)cannot be built within City water/sewer easement. 1.8 Remove SSMH 4, 5,B 13, and B 14 to reduce number of unnecessary manholes. 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. 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 I"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(UDC 11-3B-6). 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 wells that will not continue to be used must be properly abandoned according to Idaho Well Construction Standards Rules administered by the Idaho Department of Water Resources. The Developer's Engineer shall provide a statement addressing whether there are any existing wells in the development, and if so,how they will continue to be used, or provide record of their abandonment. 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 , read base approved by the Ada GetRity Highway Distr-iet and the Final Plat for-this subdivision shall be r oFded,prior-to app,yiag for-building refm;*s. Prior to vertical permit acceptance/receipt, street signs are to be in place, sanitary sewer may be installed/inspected in part or in whole(but not required as activated or fully pproved as not necessary for site safety,), and water systems activated and approved as related to hydrant locations,road base installed and approved for use and capacity of 80,000 lb. vehicle,prior to payment or receipt of vertical building permits. Vertical building permit plan sets may be submitted and reviewed/approved prior to horizontal acceptance of above listed requirements. However, approved plan sets may not be paid for or collected until horizontal acceptance. This stipulation does not pertain to garage buildings or vertical structures located within the driveways, drive isles, or site roads to be constructed. Garaize buildings or vertical structures located within the driveways, drive isles or site roads are allowed to proceed with plan submittals,reviews and approvals along with permit payment and receipt, and can be constructed concurrent with completion of horizontal requirements for the site, and be permitted prior to horizontal acceptance to minimize access impact in regard to the emergency access of the site. 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. 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 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered baclfill,where footing would sit atop fill material. 2.17 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. 2.18 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. 2.19 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. 2.20 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. 2.21 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125%of the total construction cost for all incomplete sewer,water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit,cash deposit or bond. 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. 2.22 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20%of the total construction cost for all completed sewer,water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit,cash deposit or bond. 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 https:llweblink.meridianciU.ory WWebLinkIDocView.aspx?id=288044&dbid=0&repo=MeridianCitE&cr =1 D. POLICE DEPARTMENT https:llweblink.meridiancity.orglWebLinkIDocView.aspx?id=288041&dbid=0&repo=MeridianCitX E. PARK'S DEPARTMENT No comments were submitted. F. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID) https://weblink.meridianciN.oLvlWebLinkIDocView.aspx?id=289411&dbid=0&repo=MeridianCity G. IDAHO TRANSPORTATION DEPARTMENT(ITD) https://weblink.m eridia n c i ty.org/WebLink/Doc View.aspx?id=2 9 0 8 09&db id=0&rep o=Meridia n City H. WEST ADA SCHOOL DISTRICT(WASD) https://weblink.meridianciU.org/WebLink/Doc View.aspx?id=291870&dbid=0&repo=MeridianCiU I. ADA COUNTY HIGHWAY DISTRICT(ACHD) https://weblink.meridianciU.orglWebLinkIDocView.aspx?id=292086&dbid=0&repo=MeridianCiU J. ADA COUNTY DEVELOPMENT SERVICES https://weblink.meridiancity.org/WebLink/Doc View.aspx?id=289772&dbid=0&repo=Meridian City K. DEPARTMENT OF ENVIRONMENT QUALITY(DEQ) https://weblink.meridiancity.org/WebLink/Doc View.aspx?id=288836&dbid=0&repo=MeridianCity&cr =1 L. COMMUNITY PLANNING ASSOCIATION OF SOUTHWEST IDAHO(COMPASS) https://weblink.meridiancity.org/WebLink/Doc View.asp x?id=290682&dbid=0&repo=Meridian City X. 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 Applicant's request to annex the subject property with R-1 S zoning for a multi family development complies with the applicable provisions of the Comprehensive Plan. Further, the density and mix of residential housing types is consistent with the land uses and density desired in MHDR designated areas in the TMISAP. 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 to R-15 and development generally 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 residential and school uses in the area. 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 City services are available to be provided to this development. WASD has provided comments on the application that are included above in Section IX.H. 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 11-613-6) 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 in general conformance with the UDC and the Comprehensive Plan. 2. Public services are available or can be made available and 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 accommodate 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 plat is in conformance with scheduled public improvements for this area 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. C. Conditional Use Permit(UDC 11-513-6E) The Commission shall base its determination on the Conditional Use Permit requests upon the following: 1. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. The City Council finds that the subject property is large enough to accommodate the proposed use and dimensional and development regulations of the R-15 zoning district(see Analysis, Section V for more information). 2. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. The City Council finds that the proposed use as a multi family development is consistent with the future land use map designation of MHDR and is allowed as a conditional use in the R-15 district per UDC Table 11-2A-2. 3. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. The City Council finds the proposed design of the development, construction, operation and maintenance should be compatible with the mix of other uses planned for and existing in this area and with the intended character of the area and that such uses will not adversely change the character of the area. 4. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. The City Council finds that if the applicant complies with the conditions outlined in this report, the proposed use will not adversely affect other property in the area. 5. That the proposed use will be served adequately by essential public facilities and services such as highways,streets,schools,parks,police and fire protection,drainage structures,refuse disposal,water, and sewer. The City Council finds that essential public services are available to this property and that the use will be adequately served by these facilities;see comments in Section IX.Hfrom WASD. D. Private Street(UDC 11-3F-5) In order to approve the application,the Director shall find the following: 1. The design of the private street meets the requirements of this Article; The Director finds the proposed design of the private streets complies with the standards listed in UDC 11-3F-4. See analysis in Section VI.C for more information. 2. Granting approval of the private street would not cause damage hazard, or nuisance, or other detriment to persons,property, or uses in the vicinity; The Director finds granting approval of the proposed private streets will not cause damage hazard, or nuisance, other detriment to persons,property or uses in the vicinity. 3. The use and location of the private street shall not conflict with the comprehensive plan and/or the regional transportation plan; and, The Director finds the use and location of the proposed private streets does not conflict with the regional transportation plan. While private streets do not provide connectivity with adjacent neighborhoods, which is desired in the Comprehensive Plan, the properties to the east and west are already developed/entitled with no connectivity to this site. 4. The proposed residential development(if applicable)is a mew or gated development. This finding is not applicable as it's a multi family development and is not a mew or gated development. W IDIAN� AGENDA ITEM ITEM TOPIC: Resolution No. 23-2401: A Resolution vacating the southerly 1.2 feet of the 5- foot-wide public utility, drainage, and irrigation (PUDI) easement along the northern boundary of Lot 11, Block 9 of Lavender Heights Subdivision No. 2, being more particularly described in Exhibit "A"; and Providing an Effective Date ADA COUNTY RECORDER Trent Tripple 2023-045437 BOISE IDAHO Pgs=3 VICTORIA BAILEY 08/09/2023 08:56 AM CITY OF MERIDIAN, IDAHO NO FEE CITY OF MERIDIAN RESOLUTION NO. 23-2401 BY THE CITY COUNCIL: BORTON, CAVENER, HOAGLUN, OVERTON, PERREAULT, STRADER A RESOLUTION VACATING THE SOUTHERLY 1.2 FEET OF THE 5-FOOT-WIDE PUBLIC UTILITY, DRAINAGE, AND IRRIGATION (PUDI) EASEMENT ALONG THE NORTHERN BOUNDARY OF LOT 11, BLOCK 9 OF LAVENDER HEIGHTS SUBDIVISION NO. 2, BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on July 18, 2023, the City Council of the City of Meridian held a hearing on the vacation of the southerly 1.2 feet of the 5-foot-wide public utility, drainage, and irrigation (PUDI) easement along the northern boundary of Lot 11, Block 9 of Lavender Heights Subdivision No. 2; and WHEREAS, after such hearing, the City Council, by formal motion, did approve said described vacation; and NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY,IDAHO: Section 1. That the southerly 1.2 feet of the 5-foot-wide public utility, drainage, and irrigation (PUDI) easement along the northern boundary of Lot 11, Block 9 of Lavender Heights Subdivision No. 2, as fully described in.Exhibit "A", is hereby vacated. Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. Passed by the City Council of the City of Meridian, Idaho, this 8th day of August, 2023. Approved by the Mayor of the City of Meridian, Idaho, this 8th day of August, 2023. LAVENDER HEIGHTS SUBDIVISION NO 2 EASEMENT VACATION—H-2023-0028 Attest: Mayor Robert E. Simison 8-8-2023 Chris Johnson, City Clerk 8-8-2023 STATE OF IDAHO ) ) ss: County of Ada ) On this 8th day of August, 2023, before me, the undersigned, a Notary Public in and for said State, personally appeared Robert E. Simison and Chris Johnson, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Notary Public My Commission Expires: 3-28-2028 LAVENDER HEIGHTS SUBDIVISION NO 2 EASEMENT VACATION-H-2023-0028 EXHIBIT A Legal Description Easement Vacation Parcel B, Record of Survey No. 13726 Lavender Heights Subdivision No. 2 A portion of an existing Public Utility, Pressure Irrigation and Lot Drainage easement over a portion of Parcel B as shown on Record of Survey No. 13726, records of Ada County, Idaho, being also over a portion of the platted Lot 11, Block 9, of Lavender Heights Subdivision No. 2, as shown in Book 122 of Plats on Pages 19344 through 19346, records of Ada County, Idaho; being located in the SE Y4 of the SW % of Section 32, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at a Brass Cap monument marking the southeast corner of the SE Y4 of the SW'/4 of said Section 32, from which a Brass Cap monument marking the northeast corner of said SE '/4 of the SW '/4 bears N 0012'02" E a distance of 1334.18 feet; Thence N 0°12'02" E along the east boundary of said SE Y4 of the SW '/4, being partially along the easterly boundary of said Lavender Heights Subdivision No. 2 a distance of 737.33 feet to the northeasterly corner of said Parcel B; Thence along the northerly boundary of said Parcel B N 89°47'24" W a distance of 10.00 feet to a point on a line 10.00 feet westerly of and parallel to the easterly boundary of said Parcel B; Thence along said parallel line S 0°12'02" W a distance of 4.87 feet to the POINT OF BEGINNING; Thence continuing along said parallel line S 0°12'02" W a distance of 1.20 feet to a point on the southerly boundary of an existing 5.00 foot wide Public Utility, Pressure Irrigation and Lot Drainage easement as shown on the plat of said Lavender Heights Subdivision No. 2 adjacent to the northerly boundary of the said Lot 11, Block 9; Thence leaving said parallel line and along said existing southerly easement boundary N 89°47'24" W a distance of 126.89 feet to a point on a line 5.00 feet easterly of and parallel to the westerly boundary of said Parcel B; Thence along said parallel line N 0°12'02" E a distance of 1 .20 feet to a point; Thence leaving said parallel line S 89°47'24" E, parallel to the northerly boundary of said Parcel B, a distance of 126.89 feet to the POINT OF BEGINNING. This easement vacation parcel contains 152 square feet (0.003 acres) and API- LA NO is subject to any other easements existing or in use. �5�° �S T E SG� � L O Clinton W. Hansen, PLS 11118 X Land Solutions, PC Z3 January 31, 2023 < 9T i F CF 5 oN W NPR La ridi)blufiorls Easement Vacation Land surveying and Consulting Lavender Heights 2 LLA Job No.22-68 Page 1 of 1 W IDIAN� AGENDA ITEM ITEM TOPIC: Resolution No. 23-2402: A Resolution of the Mayor and City Council of the City of Meridian Authorizing the Parks and Recreation Director to Administer the Care to Share Program; Establishing Eligibility Criteria and Parameters for Care to Share Funds; and Providing an Effective Date CITY OF MERIDIAN RESOLUTION NO. 23-2402 BY THE CITY COUNCIL: BORTON, CAVENER,HOAGLUN, OVERTON, PERRAULT, STRADER A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN AUTHORIZING THE PARKS AND RECREATION DIRECTOR TO ADMINISTER THE CARE TO SHARE PROGRAM; ESTABLISHING ELIGIBILITY CRITERIA AND PARAMETERS FOR CARE TO SHARE FUNDS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS,pursuant to Resolution no. 08-630,the City of Meridian established the Care to Share Program, a donation-based that makes children's recreation classes accessible for low- and moderate-income families; and WHEREAS, the funds for the Care to Share Program are raised entirely from donations and not from taxpayer dollars; and WHEREAS, the Parks and Recreation Director is authorized to administer the program and the funds collected pursuant to this policy; NOW, THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO AS FOLLOWS: Section 1. That the Parks and Recreation Director is authorized to administer the program and the funds collected pursuant to the policy and procedures set forth in this resolution; Section 2. That any member of the public may request access to Care to Share funds for a child, and the Parks and Recreation Director or designee shall assess such child's eligibility for the Care to Share funds. Section 3. That a child shall be deemed eligible for Care to Share funds if financial need is documented using proof of current use of other assistance program, including,but not limited to the following examples: free school lunch, food stamps, energy assistance, Women Infants & Children(WIC), Aid to Families with Dependent Children(AFDC), etc. Section 4. That the following parameters and limitations shall apply to disbursement of Care to Share funds: a. Care to Share funds may be used to fund up to 80% of the cost of a class, camp, lesson, membership or any recreational youth program offered in our department activity guide for an eligible child. b. Each child shall be limited to an annual calendar year maximum of Care to Share awards in an amount equivalent to the fee for two (2)weeks of summer day camp (e.g. Camp Mer-Ida-Moo or like programming),per City fee schedule. c. Care to Share fund awards are granted on first come, first served basis. d. Care to Share awards shall be made only to the extent such funds are available. RESOLUTION UPDATING CARE TO SHARE CRITERIA PAGE I Section 5. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this 8th day of August, 2023 APPROVED by the Mayor of the City of Meridian, Idaho, this 8th day of August, 2023 APPROVED: Robert E. Simison, Mayor ATTEST: By: Chris Johnson, City Clerk RESOLUTION UPDATING CARE TO SHARE CRITERIA PAGE 2 Mayor Robert E. Simison E City Council Members: IDIAN*4-�- Joe Borton John Overton Liz Strader Jessica Penrreault D A H O Brad Hoaglun Luke Cavener July 21, 2023 MEMORANDUM TO: Mayor Robert Simison and City Council FROM: Garrett White, Recreation Manager, MPR Dept. RE: Proposed Care Enough to Share Resolution Update Background The Care Enough to Share program provides financial assistance for children up to 18 years of age who are interested in participating in Meridian Parks and Recreation Department activities. This program was established 24 years ago (Fall of 1999)with the most recent update to the resolution in 2008. Currently, families residing within the City of Meridian that qualify can receive assistance for up to 80% of an activity fee,with a maximum of$150 per year/per child. Since the last update in 2008,program registration fees have increased in such a way that the eligible $150 per child does not go as far. In 2008, one week of summer day camp was $84 per child. Today summer day camp is $125 per child. The Department would like to increase the maximum amount per child to an amount equivalent to two weeks of summer camp ($250). The Care Enough to Share fund balance will support this increase. Objective To increase the maximum funds available per child from$150 to an amount equivalent to two weeks of summer day camp(e.g. Camp Mer-IDA-Moo or similar programming),per the City Fee Schedule. Using the equivalent of two weeks of summer camp would push the maximum funds available per child to $250 and would also allow for increases as they occur without updating the resolution in the future.