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Home My WebLink AboutCC - Development Agreement ADA COUNTY RECORDER Phil McGrane 2022-041093 ' BOISE IDAHO Pgs=64 BONNIE OBERBILLIG 04/27/2022 09:17 AM CITY OF MERIDIAN, IDAHO NO FEE JWVELOPW�ff AGREEMENT P` S: 1. City of Merldian 24 Lane Development,-LLC, Owner/Developer S DEVELOPMENT AGREEMENT(this Agreenift0l,is made and entered into this 26th day of April � 2022,by and between City-of Meridian, a mumcipal corporation rf the State of Idaho,hereafter called CITY whose address is 33 E.Broadway Avenue,. Meridian, Idaho 83642 and Lane Development L C,-whose,address is PO Box 608,Eagle, Idaho 83616,her ° fler ed OWNERIDEVELOPM i» RECITALS- Ll WHEREAS,Owner is the sole o er,in lawand/or equity,of e of land in the County of A.da, State of Idaho,-described in Exhibit"A7,which.is attached hereto and by this reference incorporated herein:as if sett forth in full, herein after referred to as the Property;and 1-2 WHEREAS,Idaho Code 4 67-6 11A provides that cities may,by ordinance, require or permit as a condition ofzoning that the Owner and/or Developer male a written commitment. concerning the use or de elopment f the subject Property; and L3 WHEREAS, City has exercise its statutory authority by the enactment of Section 1 1-5B-3 of the Unified;Development Code C "),whichauthorizes development agreements on'he annexation 'car rebzoning of l d;and .4 WHEREAS,-Owner/Developer has submitted an application for annexation and rezone on 10.41 acres of land ftom the RUT zone to R4 (Medium Density Residential) and -C (Community Business) zoning districts on the prone as shown in wit"X' der the Unified Development Code,wbieh generally describes haw the Property will be developed and what improvements will be d 1 AS, Owner/Developei representations at the public hearings b Planning .., Zoning+C a 901*li UnA trio metidiaA City d"esUncil,as ta, hew the Property will be dmtopead and what improvements will be made;and L6 WHEREAS,the record cif the proceedings foxrequested rezoning held.before. Planning and Zoning Commission the City Counei4 includes ponse o govemment subdivisions providing services within the City of Meridian p "ng Junsdict 0rt,.arid ' lodes f r test' comment; d Eve O �REE. _ Qr POIN o (H 0 1-07t) PAGE t OF 8 1.7 WHEREAS, on the V' day of March, 2022, the Meridian City Council approved certain Findings of Fact and Conclusions of Law and Decision and Order ("Findings"), which have been incorporated into this Agreement and attached as Exhibit`B'; and 1.8 WHEREAS, the Findings require the Owner/Developer to enter into a Development Agreement before the City Council takes final action on final plat; and 1.9 WHEREAS,Owner/Developer deem it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and request, and 1.10 WHEREAS, City requires the Owner/Developer to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this Agreement,herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure zoning designation are in accordance with the amended Comprehensive Plan of the City of Meridian on 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 OWNERIDEVELOPER: means and refers to Lade Development, LLC whose address io 1'0 Deis 606, L-'agle, Idaho 83616 lzerclna t r cnllea OWNER/DEVELOPER,the party that owns and is developing said Property and shall include any subsequent owner(s)and/or developer(s)of the Property. 3.3 PROPERTY: means and refers to that certain parcel(s)ofProperty located in the County of Ada, City of Meridian as in Exhibit"A" describing a parcel to bound by this Development Agreement and attached hereto and by this reference incorporated herein as if set forth at length. DEVELOPMENT AGREEMENT—LENNON POKM COMMUNTTY(H-2021-0071) PAGE 2 OF 8 4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right to develop the Property in accordance with the terms and conditions of this Agreement. 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under the UDC. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owners/Developer shall develop the Property in accordance with the following special conditions: a. Future development of this site shall be generally consistent with the approved plat,site plan,landscape plan,open space exhibit,and conceptual building elevations included in Section VII and the provisions contained in the Staff Report attached to the Findings of Fact and Conclusions of Law attached hereto as Exhibit"B". b. The 10-foot multi-use pathway along the Kellogg Drain and Creason Lateral in the southwest quadrant of the site shall be constructed with Phase 1 of the development. c. The existing county residential access onto W. Ustick Road shall be closed upon development of the subject site;the only approved accesses to the adjacent arterials are those shown on the site plan. 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. e. The required landscape street buffers shall be constructed and vegetated along the entire perimeter (along N. Linder Road and W. Ustick Road) with the first phase of development. f. No more than 18 multi-family units are approved with the Lennon Pointe Community development. g. If cross-access is proposed between the commercial lot and the 5-unit townhomes,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. h. Applicant shall construct the following landscaped areas with trees that touch at maturity,trees at least 3"in caliper at the time of planting,and install enough plants to have at least 70% ground cover at plant maturity: landscape buffer between the proposed commercial building and the single-family residential to its south and, the landscape area at the northeast corner of the site between the multi-family building and the east property boundary(Lot 31,Block 1). MvELopmmNT AGREEMENT-LENNON PonNrm COMMUNITY(H-2021-0071) PAGE 3 OF 8 Item#14. i. With the first phase of development, the Applicant shall construct 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. Applicant shall depict this curbing on the civil drawings and landscape plans with the first final plat submittal;coordinate with ACHD as necessary. 6. COMPLIANCE PERIOD This Agreement must be fully executed within six (6) months after the date of the Findings for the annexation and zoning or it is null and void. 7. DEFAULT/CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: 7.1 Acts of Default. In the event Owner/Devcloper, 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 action must be prosecuted with diligence and completed within one hundred eighty (180) days; provided, however,that in the case of any such default that cannot with diligence be cured within such one hundred eighty (180) day period, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 7.3 Remedies. In the event of default by Owner/Developer that is not cured after notice from City as described in Section 7.2, City shall,upon satisfaction of the notice and hearing procedures set forth in Idaho Code section 67-6511 A,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 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 DEVELopMENr AGRmAENT-LENNON Po Nn COMMUNrI'Y(H-2021-0071) PAGE 4 of Page 201 Item#14. control of the parry responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 7.6 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 approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Agreement and all other ordinances of the City that apply to said Property. 9. REQUIREMENT FOR RECORDATION: City shall record this Agreement, including all of the Exhibits,and submit proof of such recording to Owner/Developer,prior to the third reading of the Meridian Zoning Ordinance in connection with the re-zoning of the Property by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby,the City shall execute and record an appropriate instrument of release of this Agreement. 10. ZONING: City shall,following recordation 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 agree to provide, if required by the City. 12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed,completed,and accepted by the City,or sufficient surety of performance is provided by Owner/Developer to the City in accordance with Paragraph 11 above. 13. ABIDE BY ALL CITY ORDINANCES: That Owners and/or Developer agree to abide by all ordinances of the City of Meridian unless otherwise provided by this Agreement. 14. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United State Muil, rogistorcd or certified mail, pvstasr, prepaid, return ccccipt requested, addresoed ws follows: CITY: with copy to: City Clerk City Attorney City of Meridian City of Meridian 33 E. Broadway Ave. 33 E. Broadway Avenue Meridian, Idaho 83642 Meridian,Idaho 83642 DEVELOPMENT AGREEMENT—LENNON PODTIE COMMQNrFY(H-2021-0071) PAGE 5 OF S Page 202 Item#14. OVVNER/DEVELOPER: Lane Development,LLC PO Box 608 Eagle,ID 83616 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. 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, had determined that Owner/Developer have fully performed their obligations under this Agreement. 18. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction,such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided,each party shall act reasonably in giving any consent,approval,or taking any other action under this Agreement. 20. COOPERATION OF THE PARTIES: In the event of any legal or equitable action or other proceeding instituted by any third party (including a governmental entity or official) Vhallansinr,the validity of any provisioa in this A rooazcat,the parties agarae to cooperate in defending such action or proceeding. 21. 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 DEvELoPbmv`r AGREEMENT-LENNON POWM COMMUN rrY(H-2021-0071) PAGE 6 OF B Page 203 Item#14. 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. 21.1 No condition governing the uses and/or conditions governing re-zoning of the subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment, 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. [end of text;acknowledgements, signatures and Exhibits A and B follow] DEVELOPMENT AGREEMENT—LENNON POTN rE ComiuNrrY(H-2021-0071) PAGE 7 OF$ Page 204 ACKNOWLEDGMENTS IN WITNESS WHEREOF,the parties have herein,executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: Lane Developm By: lverYl Its: -,�L49D'n CITY OF MERIDIAN ATTEST: By. 4-26-2022 Chris Johnson City Clerk 4-26-2022 Mayor Robert E. Simison ty STATE OF IDAHO ) ss: County of Ada ) N On this 'y day of U'II U ^s _,2022,befarc me,the undersigned,a Notary Public in and for said State, personally appeared known or identified to me to be the MW�)WA, of Lane Development,LLC and the person who signed above and acknowledged to me that he executed the same on behalf of said corporation. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal day and year in this certificate first v JESSICA LUPTON COMMISSION I#20212435 NOTARY PUBLIC Notary Public for STATE OF IDAHO Residing at: b C UOn MY COMMISSION EVIRE$06JZ7l2027 My Commission fires: STATE OF IDAHO ) ss County of Ada ) On this 26th day of April , 2022, 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 VMEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public for Idaho Residing at: Meridian Idaho Commission expires: 3-28-2028 DuvFwPMENT AGREEMENT-LENNON POINTE CommuNITX(H-202 1-007 1) PAGE 8 OF 8 Item#14. EXH I BIT A FOX HMH LAND SURVEYS engineering Lennon Pointe Annexation Legal Description A parcel of land situate in the North 112 of the West 112 of Government Lot 4 in Section 1, Township 3 North, Range 1 West,Boise Meridian, City of Meridian,Ada County,Idaho,and more particularly described as follows: BEGINNING at the northwest corner of Section 1,from which the west one-quarter corner bears,South 00*01'03"East,2699.19 feet,thence along the northerly line of Government Lot 4,South 88'43'02" East,665.57 feet; Thence along the westerly boundary of the Creason Creek Subdivision No.1 recorded in Book 112 of Plats at Pages 16486-16488,South 00°02'45"West,680.06 feet to the northerly boundary of the Creason Creek Subdivision No.2 recorded in Book 119 of Plats at Pages 18301-18303; Thence along said northerly boundary, North 88`59'01"West 66 6-feet-to-westerlyiirre of Government Lot 4; Thence North 00°01'03"West,683.16 feet to the POINT OF BEGINNING, Containing 10.41 acres,more or less END OF DESCRIPTION Prepared by: Ronald M.Hodge, PLS Survey Department Manager RMHAk 1�1 TE FOB, 8575 ^�bra,-1 zt� �0 9rf OF C� IP44 D M p0 680 S. Progress Ave.,Suite#2B• Meridian,Idaho 83642•Tel:208-342-7957 •Web: hmh-Ilc.com Equal Opportunity Employer Lennon Pointe Community—H-2021-0071 Page 206 Item#14. EXHIBIT B' W. Ustick Rd. SURVEYMAP 35 136 S88043'02"E 665.57' 2Al — — — Point of Beginning ANNEXATION C—C 7 ry a� z Lo f- o v N O t0 O O w O 17 to N w R-15 0 0 a 0 0 I 664,76' N88°59'01"W G TE 8575 0 77 IPA h S 1 Z-2 k o r 0 100 200 p� AF OF q�D M. �p 2 1 Scale In Feet NOTE:THIS DRAWING IS A VISUAL REFERENCE ONLY. DS.RMH SCALET7--`! 0' DATE 0928.2021 LENNON POINTE REZONE-ANNEXATION OR.TLK ADA COUNTY,IDAHO HMH SV.RMH SHT.Ill GS02o-OW SECA,TM,R.1W,B.M. engineerkV Lennon Pointe Community H-2021-0071 Page 207 EXHIBIT B Item#14. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW (:�VE I�ty AND DECISION & ORDER In the Matter of the Request for Annexation of 10.41 acres of land with a request for C-C(2.01 acres) and R-15(8.3 acres)zoning districts; Preliminary Plat consisting of 43 residential building lots(42 single-family residential and 1 multi-family residential), 1 commercial building lot,and 2 common lots on 8.8 acres of land in the proposed C-C and R-15 zoning districts; Conditional Use Permit for a multi-family development consisting of a total of 18 units on 1.18 acres in the proposed R-15 zoning district, by DG Group Architecture, PLLC. (NOTE: The Applicant also received approval for private streets in a portion of the project. This application is reviewed and approved by the Director) Case No(s). H-2021-4471 For the City Council Hearing Date of. February 22,2022(Findings on March 8,2022) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of February'22,2022. incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of February 22, 2022, incorporated by reference) 3. Application and Property Facts(see attached Staff Report for the hearing date of February 22, 2022, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of February 22, 2022,incorporated by reference) B. Conclusions of Law I. 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 I I 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§ I i-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(Lennon Pointe Community-FILE#I-I-202 I-0071) Page 208 Item#14. b. 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 February 22, 2022, 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 § 1 l-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's requests for Annexation and Zoning, Preliminary Plat,and Conditional Use Permit are hereby approved per the conditions of approval in the Staff Report for the hearing date of February 22,2022, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Prelirninary 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 Tina! plat or short plat(UDC l 1-6B-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 11-613-7B). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-GB-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 1I- 6B-7C). Notice of Conditional Use Permit Duration Please take notice that the conditional use permit,when granted, shall be valid for a inaxirnum period of hvo(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 conditional use permits that also require platting, the final plat must be signed by the City FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDFR FOR{Lennon Pointe Community-FILE#14-202 I-0071) - Page 209 Item#14. 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 1 I-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 67-651 IA. 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. Notice of Final Action and Right to Regulatory Takings Analysis 1. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521,any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight(28)days after the date of this decision and order seek a judicial review as provided by Chapter 52,Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of February 22,2022. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR{Lennon Pointe Community-FILE#t14-202 I-0071) Page 210 By action of the City Council at its regular meeting held on the 8th day of March 2022. COUNCIL PRESIDENT BRAD HOAGLUN VOTED COUNCIL VICE PRESIDENT JOE BORTON VOTED COUNCIL MEMBER JESSICA PERREAULT VOTED COUNCIL MEMBER LUKE CAVENER VOTED COUNCIL MEMBER TREG BERNT VOTED COUNCIL MEMBER LIZ STRADER VOTED MAYOR ROBERT SIMISON VOTED (TIE BREAKER) Mayor Robert E. Simison 3-8-2022 Attest: Chris Johnson 3-8-2022 City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. By: Dated: 3-8-2022 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Lennon Pointe Community—FILE#H-2021-0071) -4- Page 160 Item#14. EXHIBIT A STAFF REPORTC�WE IDIAN�- COMMUNITY DEVELOPMENT DEPARTMENT HEARING 2/22/2022 Legend DATE: �Pra��ct Lae©tion - TO: Mayor&City Counci l ~ FROM: Joe Dodson,Associate Planner L ri SUBJECT: H-2021-0071 - ,roan"J Lennon Pointe Community '` i ---a, LOCATION: The site is located at 1515 W. Usticic e Read, in the southeast corner of N. Linder Road and W. Ustiek Road, in the - NW '/4 of the NW '/a of Section 1, Township 3N., Range IW. a { ,.� �' rr 1. PROJECT DESCRIPTION • Annexation of 10.41 acres of land with a request for C-C(2.01 acres)and R-15 (8.3 acres)zoning districts; • Preliminary Plat consisting of 44 43 residential building lots (4. 42 single-family residential and 1 multi-family residential), I commercial building lot,and 2 common lots on 8.8 acres of land in the proposed C-C and R-15 zoning districts; • Conditional Use Permit for a multi-family development consisting of a total of 18 units on 1.18 acres in the proposed R-15 zoning district,by DIG Group Architecture,PLLC. Nate: The Applicant is also applying for private streets in a portion of the project This application is reviewed and approved by the Director; Commission action is not required. Analysis of the private street design is provided below in section Y, II. SUMMARY OF REPORT A, Project Summary Description Details Acreage 10.41 (R-15—8.3 acres;C-C—2.01 acres) Future Land Use Designation Mixed Use Community Existing Land Use(s) County residential Proposed Land Use(s) Residential (townhomes,single-family attached,single-family detached, and multi-fancily)and Commercial Lots(#and type;bldg,lcommon) 47 total lots -43 residential lets; 1 multi-family residential lot; 1 commercial,and? common lot. Phasing Plan(#of phases) No phasing plan was submitted Page i Page 212 Item#14. Description Details Number of Residential Units 61 residential units—4 detached single-family lots,34 single-family (type of units) attached lots,9 townhome lots,and 18 multi-family units. Density Gross 7.35 dulac.;Net— 18.55 duiac. Open Space(acres,total 1.64 acres of qualified open space(18.7%)—large open space area in [%J/bufrerlqualified) the southwest corner of the site,the large central mew,and half of the required arterial street buffers Amenities 2 qualifying amenities for UDC l 1-3G-3—segment of 1 0-foot multi-use pathway and tot-lot(non-qualifying dog-park area is also proposed). 2 qualifying amenities for the multi-family residential (UDC 1 1-4-3-27) —shared plaza and public art feature. Physical Features(waterways, Kellogg Drain and Creason Lateral traverse the southern portion of the hazards,flood plain,hillside) site.Floodplain exists over a majority of the site.See Public Works comments for further requirements,Section VIII.B. Neighborhood meeting date September 7.2021 History(previous approvals) N/A B. Community Metrics Description Details Ada.County Hi hwa District ■ Staff report(yes/no) Yes • Requires ACHD No Commission Action (yes/no) Access Access to the adjacent arterials(Ustick and Linder)is proposed via one driveway (ArteriaVCollectors/State connection to each. Hwy/Local)(Existing and Private Street access is proposed to the internal local street being extended through the Proposed) site. Traffic Level of Service Ten Mile Road—Better than"E"(1.47411,540 VPH) Pine Avenue(existing section only)—Better than"D"(182/425 VPH) Stub Two local stub streets exist to the east and south property boundaries—Applicant is Street/interconnectivity/Cross proposing to extend each street and intersect them within the site. Access Applicant is proposing a private street through the west half of the development that connects to the extended local street. Access to the commercial property at the northwest corner of the site is proposed via drive aisle connections to the proposed private street and the multi-family drive aisle. Access to the multi-family units is proposed via a typical drive aisle. Existing Road Network Internal road network is not existing. Existing Arterial Sidewalks 1 Existing arterial sidewalks;The required landscape buffers will be installed with this Buffers proj eet. Proposed Road Improvements None proposed or required with this application.Below are anticipated improvements to adjacent roadways: Capital Improvements Plan(CIP)I Integrated Five Year Work Plan(IFYWP): • Linder Road is scheduled in the IFYVVP to be widened to 5-lanes from Ustick Road to Cherry Lane in the future with the design year of 2025. ■ Ustick Road is scheduled in the IFYVVP to be widened to 54anes from Linder Road to Ten Mile Road in 2025. • Linder Road is listed in the CIP to be widened to 3-lanes from Ustick Road to Cherry Lane between 203E and 2040. • Ustick Road is listed in the CIP to be widened to 5-lanes from Linder Road to Ten Mile Road between 2021 and 2025. Page 2 Page 213 Item#14. Description Details Fire Service • Distance to Fire Station 1.5 miles from Fire Station#? • Fire Response Time This project lies within the Meridian Fire response time goal of 5 minutes. • Resource Reliability Fire Station#2 reliability is 85%. • Risk Identification Risk Factor 4—commercial with hazards(multi-family waterway) • Accessibility Proposed project meets all required access,road widths,and turnarounds;Fire has signed off on Private Street layout. Addressing 1'or project is very important for emergency responses; Applicant shall work with City Addressing Agent and the Fire Official to have lighted maps wherever -necessary. Police.Service • Distance to Station Approximately 4.2 miles from Meridian Police Department • Response Time Approximate 4-minute response time to an emergency_ • Call Data Between 10+'1/2019-9/31/202 1,the Meridian Police Department responded to 4,584 calls for service within the reporting district(M731)of the proposed development. The crime count on the calls for service was 442. See attached documents for details. Between 10/1/2019-9/31/202 1,the Meridian Police.Department responded to 62 crashes within a mile of the proposed development. See attached documents for details. • Additional Concerns None West Ada.School District Approyedp_rt'•tim Approved MF plat parcetsyer units per Miles bnrollmern Ca pa attendance area attendance area p° °0�h '" River Valley Elementary 453 700 433 560 4.8 Meridian Middle School 1097 1000 800 1799 2.2 Meridian High School 1769 2075 3728 2300 2.0 School of Choice Options Chief Joseph School•Arts 498 700 N/A N/A 3.7 Barbara Morgan-STEM 412 500 N/A N/A 1.0 Water • Project Consistent with No—Sec attached water markup in Exhibit VII.F and conditions in Section VIILB for Master Plan required revisions. • Comments • A water main connection will be required to Usti.ek Road. • Current design does not follow the utility corridor,Water mains should be located north and east of roadway centerline. A water main connection will be required to the existing stubs in North Zion Park Avenue and West Pebblestone Drive. • The proposed main west of Building B should be eliminated. • Complete the water loop by extending the water main in the private road between Building B and Building DI to the northeast. • Minimize water main length near the commercial lot at the northwest corner ofthe development, Bring the water main only as far as needed to provide a hydrant For the buildings' fire protection.Extend service lines from the main to serve the two retails buildings. • Water mains should not crass through landscaping or sidewalks. Wastewater • Project Consistent with No—Development needs to tie into sewer at W. Pebblestone Dr. and not in W. Ustick. Master Plan Page 3 Page 214 Item#14. Descrip tion Details • Comments •Services should not crass ether residential lots.The services in the southeast corner do this and need to be adjusted. •Sewer needs to tie into the cleanout in W.Pebblestone Dr.The cleanout is supposed to he temporary until this parcel developed.The City does not want the clean out there permanently. •There is a marrlrole located in a landscaping area(located at the NE corner nearest Pebblestone Dr).Reconfigure so this manhole is in the ROW. •20'Utility easement for sewer and 30'utility easement for sewer and water needed. •Ensure no permanent structures(trees,bushes,buildings,carports,trash receptacle walls,fences,infiltration trenches,light poles,etc.)are built within the utility easement. •Ensure no sewer services cross infiltration trenches. COMPASS—Communities in Motion 2040 2.0 Review Housing,w/in 1 mile 5,240 Jobs wlin 1 mile 970 Ratio 0.2 —indicates an employment need(ratio between 1-1.5 is considered healthy ratio). Nearest Bus Stop 3.1 miles Nearest Public School 0.5 miles Nearest Public Park 0.25 miles—Approximately '/4 mile north of Tully Park(18.3 acres in size}. Nearest Grocery Store 1.6 miles Recommendations See agency comment section for link to full file. Page 4 Page 215 Item#14. C. Project Area Maps Future land Use Map Aerial Map Legend � Legend `� .�-' 1#10 ® Project Locution ® ?roject Location Residential i - - I Medium 4�L. '�- Density Residential J _ Zoning Map Planned Development Map Legend R-4 0 Legend 0 ElProject Location Pro`ect Location RUT ' = � RUT R-8 ;-' City Limits 1�C r y. R-1 5 —Planned Parcels C-N -, R1 C-C RUT C-C RUT' R, TN-k Mom- R-4-._ RUT R-8 R4 �rrftrr, l: RUT !' t1CL R-8 '* _ HE RUT III. APPLICANT INFORMATION A. Applicant:. Same as Representative B. Owner: Jeff Sindon—PO Box 383,McCall,ID 83638 C. Representative: Andrew Wheeler,DG Group Architecture, PLLC—430 E, State Street,Eagle, ID 83616 Page 5 Page 216 Item#14. IV. NOTICING Planning&Zoning City Council Posting Date Posting Date Newspaper Notification t 112/2021 2/6/2022 Radius notification mailed to properties within 500 feet 10/27/2021 2/3/2022 Site Posting I 1/2/2021 2/7/2022 Nextdoor posting 10/28/2021 2/3/2022 V. STAFF ANALYSIS A. Future Land Use Map Designation{Itltps:�i'tiu�g��.rrrerlclicrrrrin.u �curslrzrr} Mixed Use Community—The purpose of this designation is to allocate areas where community- serving uses and dwellings are seamlessly integrated into the urban fabric. The intent is to integrate a variety of uses,including residential, and to avoid mainly single-use and strip commercial type buildings. Non-residential buildings in these areas have a tendency to be larger than in Mixed Use.Neighborhood (MU-N) areas,but not as large as in Mixed Use Regional(MU- R) areas. Goods and services in these areas tend to be of the variety that people will mainly travel by car to,but also walk or bike to(tip to three or four miles). Employment opportunities for those living in and around the neighborhood are encouraged. The subject site has existing City of Meridian.zoning in all directions, including across the adjacent arterials to the mirth and west. The site is directly bordered to its north and nest by arterial streets. Ustick and Linder Roads, respectively. Development q thave areas are ongoing tivitlr detached single-f tnily to the east and south in 6-eason Creek Subdivision and multiple qffice buildings hei►rg cony acted to the north across Ustick Road. An ambulance service and C- C Zoning exist to the west across Linder Road. In addition to the existing land uses around the property, the subject site contains two major watervvays and a large area ot-Jloodplain that traverse a large segment of the,southern half of the.site, the Creason Lateral and the Kellogg Drain. The Applicant is proposing to pipe the Kellogg Drain and reroute it to make more area of the site triable as well as provide open space andpathw a.vs in the.southwest cosier-Af the site and along the ive.st boundwy. The proposed land uses are attached singleiimily townhomes, multi-family residential, and commercial. These laud uses are consistent with those outlined in the MU-Cj attire land use designation d4�firrition.s and preferred uses when properli,integrated with both internal and external uses. Overall, Staff rinds the proposed site design does integrate the project and proposed uses in appropriate manners. Specijically, the,4pplicani has proposed their multi- .ja oily residential product along Ustick and the commercial buildings at the hard corner oj'the Ustick and Linder intersection }which places the most intense uses closest to the arterials. Therefore, the sirrgle;fanrily uses are proposed on the rerrxcrirrirrr area fthe site that makes tip approximately I()%of the site area. The.applicant is proposing the.single farnilt-portion of the site as all nvo-story except.1br the tar-unit toivnhomes along Linder ii,hich are proposed 3-stories. Because of the proposed transitional density and placentent r f the proposed uses,this project is generally consistent with the concept diagrams in the Citj,'s Comprehensive Plan far mixed- use designations. However,the one area of the site thatStgfffnds could provide more transition is the 4-stor37 multi"fancily building along Ustick that is also adjacent to single-family to the east. Tile existing detached single farrrily barite in Creason Creek directly adjacent to the site is a,tingle-stor_i,haute Page 6 Page 217 Item#14. with an upstairs bonus roost. Despite the separation of the side yard o{the single-family home and a proposed micro path area of?0ftet wide between the two uses, Slgfj�fincls the height disparity of'lhe existing home and the proposed 4-slot?°ini dli-frantily building is an aclegrrcrte transition.According-to the Applicant, the-multi-fcivnily units are each Avo stories and are being proposed as being stacked, which is how the 4-story concept is proposed Therefore, Slaf}'is recommending the top two (?) units directly adjacent to Creason Creek are removed so there is approximately 65 feet(includes landscaping and unit width) ofseparatdon between the existing home and the 4-story portion of the rraztlti;farrtily1. With this revision, the height of the two story multi- .fiitni117 units would he appraxirtaate6a?I feet deperzrling on lznwn the Applicurrl proposes to rooj'1he units (flat roof`or pitched roof). In addition to site design, certain densities are required to be nter for-residential projects within the AIU-C_f dure land arse designation. The proposed project as shnwww is approximately, 7.35 dulac. meeting the 6-15 dulac requirement (see comrnunin,rnetrics above). Therefore, Staff;fnds the den.sih,proposed with the wine-ration and plat is consistent with the Future Land Use A4ap designation oj'Mixed-Use Community(MU--C). NOTE: The gross density will decrease slightly with staf f s recarrtrrtertdcttion to lose two of the multi-family units. Mired--use designations also require at least three (3) types ref land uses. Ken analvzi►zgprcrjects within the MU-C future land use designation, the approved andlor developed land uses nearby, must be considered. Therefore, Staf'has taken into account adjacent land uses that can be traveled between with relative ease. The closest development to this propero,,is an qffice development that is under construction to the north. Specific uses gfthis project are not known at this time but the property is zoned C-C and does not have limitations on the allowed rues outside ofzoning. Furthermore, this project is proposed with different residential land uses us well as Nfo commercial building footprints. Staff finds the appropriate number-o('uses for a mired-use area is stet. Therefore,as noted previously and with Staffs recommended revision,Staff finds the proposed project to be generally consistent ovith the Mixed-Use Community purpose statement and concept diagram. Further and specific policy anal vsis is below. The City may require a development agreement(DA) in conjunction with an annexation pursuant to Idaho Code section 67-6511 A.In order to ensure the site develops as proposed with this application, Staff recommends a DA as a provision of annexation with the pro included in Section VULA1. The D.4 is required to be signed lit,the propert'v owner(s)Ideveloper and returned to the City within 6 months of the Council granting the annexation for approval by City Council and subsequent recordation. A final plat will not be accepted until the DA is executed and the BIZ ordinance is approved hY City Council. B. Comprehensive Plan Policies [hops:iluwwwa.iyrerirlianc'rt�r.rwlIcornLrplurt�: The applicable Comprehensive Plan policies are cited below with Staff analysis in italics. "Avoid the concentration of any one housing type or lot size in any geographical area; provide for diverse housing types throughout the City"(2.01.01G). Lennart Pointe Community is proposing a project with a combination of land uses in the.form of'single family attached, toww�nhomes, multi- .family, and commercial within one development. A vast majority gf'the housing that exists around this development are traditional detached single-fcttnily homes. The Applicant(topes to add additional housing types in this geographic area and"Whin this MU-C area that will delineate a unique living-opportunity in the City and acid to the housing diversity available while being within.safe walking distance to fixture commercial uses. "Require all new development to create a site design compatible with surrounding uses through buffering,. screening, transitional densities, and other best site design practices"(3.07.01 A). The Page 7 Page 218 Item#14. proposed site design incorporates mews,primate streets, an extension of public streets, common open.space, and dijj ,ent land uses within the same project area. As discussed above, Stag�jinds the proposed site design is compatible with adjacent uses through transitional densily, hufferirag; and overall design. "Establish and maintain levels of service for public facilities and services,including water, sewer, police,transportation, schools, fire, and parks"(3.02.01G).A11 public utilities are available,for- ihis project site due to existing facilities abutting the site. This project also lies ivithin the Fire Department response time goal of'S minutes. Linder and U.slick Loads are curr-enth-built at their ultimate anticipated►vidths directly abutting the,site. West Ada School District of j' red comments on this project and estimates 32 additional.school aged children would be housed in this development. According to the letter received, the allocated elenzentar v and high school,for this site have capacity but the middle school is already over capacity. Staff understands that school enrollment is a major issue to be dealt with on a citt, wide scale. Due to the incorporation ofdtffer°errt housing 1ypes and a unit count on the low end sr/' the allowed density, the Applicant has minimized the project impact on area.schools. Stuff f nds that the existing and planned development of the immediale area create conditions for adequate levels ofservice to crud for this proposed project. "Preserve,protect,and provide open space for recreation,conservation,and aesthetics" (4-05.01 F). The proposed project offers open space that exceeds the mininzurn requirements in the unified development code (UDC). The Applicant has placed a large area of'open space in the sowhivest corner aj'the development where the irrigation facilities and their easements exist. In addition, there is a rnev running north-south through the center of the developntent.for°the erttcrched single-fatnily units to front on green space rather than the road neN�ork. This adds to the green space and adds a more livable component to the project. father areas oj'open space are also propased along the west boundary,that would act as a buffer from Linder as titi°ell as a proposed dog park-area to the soulheast corner of the site_In addition, all gfthe open space areas are accessible through pedestrian jcrcilities that connect throughout the entire site. Stglj" supports the proposed open space areas and anticipates thee°will provide recreation, conservation, and add to the aesthetic oj'the project. See,further analti.sis in Section V.F and 1!L. "Establish distinct,engaging identities within commercial and mixed-use centers through design standards."(2.09.03A).As discussed above, the proposed project offers a distinct set of uses and design that are curr•entl'v trot available nearhy the.site. Included in this is the incorporation gfnvo commercial buildings at the northwest corner of'lhe site with a shard pla--a,fnr ttse by the residents and future business patrons. This is ca desired aspect of mixed--use areas that helps engage the commercial buildings with the residential component of ca project. In addition, according the submitted elevations and site renderings, the Applicant is proposing distinct architecture jor the project that creates a specific identity for-this development and coaxer property. In addition to general Comprehensive Plan policies, projects in mixed-use areas should also aim to meet the mixed-use policies. Rather than list them all in this report,Staff has analyzed the project against them and finds the project to be consistent with a majority of those policies outlined in the mixed-use area of the Comprehensive Plan here. Therefore,Staff finds this development to be generally,consistent with the Comprehensive Plair and a majoriq,cr,f the mixed arse policies. Page 8 - Page 219 Item#14. C. Existing Structures/Site Improvements: The site currently houses a single-family home and other accessory buildings. All existing structures will be removed upon development of this site, The Applicant will be responsible for maintaining the existing arterial sidewalks along Ustick and Linder Roads during construction. D. Proposed Use Analysis: The Lennon Pointe Community proposes multiple residential uses and a commercial component within the same project. The commercial area is proposed at the very northwest corner of the site and shows two building pads totaling 12,000 square feet on 1.47 acres of requested C-C zoning. No tenants are currently known at this time but the submitted site plan shows the larger building closest to the hard corner with a drive-through and the smaller building along the south boundary of the C-C area adjacent to a shared plaza. Should a drive-through be proposed on this commercial lot, it will require a fixture Conditional Use Permit(CUP)because it is within 300 feet of a residential use and district. Commercial buildings require Certificate of Zoning Compliance(CZC)and Design Review so Staff will evaluate uses for compliance with code with future application submittals. The remaining area of the site(7.25 acres) is proposed with the R-15 zoning district and residential uses. The residential areas of the site are proposed with three(3)detached single- family homes(located at the very southeast corner of the site), attached single-family(2 attached units with each on their own lot),townhomes (3 or more attached units an individual lots),and multi-family residential. All of the proposed single-family uses are permitted uses within the requested R-15 zoning district. The multi-family residential use is a conditional use in R-15 zoning district per UDC Table 1.1-2A-2. No phasing plan was submitted so it can be assumed development is proposed to be constructed in one phase. Administrative Design Review is required for all of the proposed residential uses except for the three (3) detached homes proposed in the southeast corner of the site. This application was not submitted concurrently with the other applications so the Applicant will be required to subnvt this prior to obtaining building permits for any of the attached product and the multi-farnily, The Applicant has provided conceptual elevations and renderings of all residential uses and Staffs initial analysis is that the buildings comply with the Architectural Standards Manual (ASM). E. Dimensional Standards(UDC 11-2): The commercial and multi-family residential lots appear to meet all UDC dimensional standards per the submitted plat.All of the single family lets also meet the UDC minimum lot size standul d except frir the central lot in the 3-aunt townhome at the south end of the.site—this lot is shows as less than the minimum required 2,000 square feet and should be corrected with the fatal plat submittal to meet UDC standards. The 3-unit tour nhome building c ontains the three smallest building lots in the development and includes the non-conforming lot. Other than these three lots, the smallest building lot is approximately 2,800 square feet. Furthermore, it appears the site plan shox,s building fnotptints too large.far the proposed building lots--the building footprints do not ineet the nrinirrium building setback to the entrance .sideiv alks ref 1O feat. When.f oure building permits are.sichmitted, the Applicant 144l1 be required to shoiv compliance with all R-15 dimensional standards cis outlined[n VDC Table 11-2A-7. According to the submitted conceptual elevations,the proposed 4-stray multi-family buildings are 46 feet in height which is above the 40 foot height limit for the requested R-15 zoning district.Prior to submitting,for CZC and Design Revieiv. the Applicant is required to correct this to complt1 with the R-15 dimensional standards. Page q Page 220 Item#14. In addition to the building lots,the Applicant is proposing a private street through a portion of the residential area. According to the submitted plans,the Applicant is proposing this private street to be at least 26 feet wide and be within a 30-foot easement on the plat. Sidewalks are not required along private streets but the Applicant has proposed a 5-foot wide sidewalk along the proposed building rather than adjacent to the private street. Overall,the minimum UDC standards outlined in UDC I I-3F for the proposed private street are met per the submitted plans. The inclusion ofsidew alks adjacent to the townhome units on the ivest eyed af'the development adds to the pedestrian circulation of the.site despite not being required for private streets. The same can he said for all nf'the pedestrian facilities shown on the submitted site plan that provide the entrances to each unit and creates alley-loaded homes for a majority of fhe site. However. the ..detached"sidewalk on the east side of the 6-unit townhonme huilding shot{ld he moved to he located adjacent to the private street.so the sidewalk is less likely to he blocked by ears parked on the parking pad between the street and the garage door. In addition,all subdivision developments are also required to comply with Subdivision Design and Improvement Standards(UDC l 1-6C-3). The proposed prelirninmy plat and submitted plaits appear to meet the UDC requirements of this section. F. Specific Use Standards (UDC l l-4-3): The proposed multi-family development use is subject to conditional use permit approval by the Planning and Zoning Commission and subject to specific use standards outlined in UDC 11-4-3- 27 and below: 11-4-3-27—Multi-Family Development: A. Purpose: 1. To create anulti-family housing that is safe and convenient and that enhances the quality of life of its residents. 2. To create quality buildings and designs for multi-family development that enhance the visual character of the community. 3. To create building and site design in multi-family development that is sensitive to and well integrated with the surrounding neighborhood. 4. To create open space areas that contribute to the aesthetics of the community,provide an attractive setting for buildings, and provide safe, interesting outdoor spaces for residents. B. Site Design. 1. Buildings shall provide a minimum setback of ten feet (I Y)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. Proposed prgiect complies with this requirement according to the submitted plans. 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 screened trash enclosures that are only visihle front internal to the site; all proposed trunslornterlutilih,vaults shrill also comply x ith this requirement. 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 accessways shall not count toward this Page I0 Page 221 Item#14. 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 alterative compliance provisions as set forth in section 11-5B-5 of this title. Each multi fran7iiti unit is proposed eas a t»fo-stun•arnit x°itJ7 the units on levels l &2 d eringfrom those on levels 3 &4. According to a document submitted by the Applicant, the lower units provide at least 132 sguare_feet of'private open space in the_form of private patios. This document also states the units oil the upper levels provide at least 251 square feet of private open.space per unit in 1he.1brm ref' private patios. The submitted conceptual elevations show the'fourth loon patio is essential1y a roof-top deck above the third,floor. Based on the submitted elevations and data provided by the applicant,,Staff supports the proposed private common open space and finds it exceeds the required area. 4. For the purposes of this section, vehicular circulation areas,parking areas,and private usable open space shall not be considered conunon open space. These areas were not included its the cotninon open space ealeulationsfor 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. .4pplicant shall cotnphv with this requirement. 6. The parking shall meet the requirements set forth in chapter 3, "Regulations Applying to All Districts", of this title.See anahvsis in stgffreport helow. 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) Applicant is proposing 18 units so this requirement is not applicable to this development. The site plan submitted with the Certificate of'Zoning Compliance application shall depict these items. C. Common Open Space Design Requirements: 1. 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 I iving 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. c. Three hundred fifty(350) square feet for each unit containing more than one thousand two hundred(1,200)square feet of living area. 2. 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'). Each multifilmily unit is proposed as greater than 1.200 square feet so 350 square feet of common open space per unit is needed to n7eet the spec{fie use standards. The n7axiniun7 coinn7on open space Page I I. Page 222 Item#14. required for the overall project is 44,41 S square feet with 6.300 square feel of that needed to satisfy the multi-fart►lily standards. Because the project is relati►elv small, all opera space is proposed to he.shared between the single and inulti.fctnrilt residential atzils. The open space shown on the submitted open space exhibit shows 48,824 square feet of total qualified open space but does not include all areas that are qualilying per UDC standards. However, based oil the munher ol'unitr, the inaccurate amount of open space shoran.still tweets all required open space area. HIth the pedenrian_fac ilities proposed in this project Staff finds it applicable,for all gf'the residential units to share the common open space proposed. 3. 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 prgjecl is proposed to be developed in one(1)phase. 4. Unless otherwise approved through the conditional use process, common open space areas shall not be adjacent to collector or arterial streets 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,eff. retroactive to 2-4- 2009). The birf f`ers along Linder and Ustick Roads are not included in the open space exhibit calculations at all.so this area 7vas not part nf'the area shoivn to satisfi,the cant►non open spate requirernent,for the tnulti ffimily units. D. Site Development Amenities: 1. All multi-family developments shall provide for quality of life,open space and recreation amenities to meet the particular needs of the residents as follows: a. Quality of life: (1) Clubl}ouse. (2) Fitness facilities. (3) Enclosed bike storage. (4) Public art such as a statue. b. Open space: (l)Open grassy area of at least fifty by one hundred feet(50 x 100') in size. (2) Community garden. (3) Ponds or water features. (4) Plaza. c. Recreation: (1) Pool. (2) Walking trails. (3)Children's play structures. (4) Sports courts. 2. The number of amenities shall depend on the size of multi-family development as follows: a. For multi-family developments with less than twenty(20) units,two (2)amenities shall be provided from two(2)separate categories. Page 12 Page 223 Item#14. b. For multifamily development between twenty(20)and seventy-five(75)units,three (3)amenities shall be provided, with one from each category. c. For multi-family development with seventy-five (75) units or more, four(4)amenities shall be provided,with at least one from each category. d. For multi-family developments with more than one hundred(100)units,the decision- making body shall require additional amenities commensurate to the size of the proposed development. 3. The decision-making body shall be authorized to consider other improvements in addition to those provided under this subsection D, provided that these improvements provide a similar level of amenity. (Ord.05-1 170, 8-30-2005,eff.9-15-2005) Eased on 18 proposed units, a minimum of No(2)amenities are required. The Applicant is proposing a shared plaza and public art front hvo categories to sathv#this requirement.. F. Landscaping Requirements: 1. Development shall meet the minimum landscaping requirements in accord with chapter 3, "Regulations Applying to All Districts", of this title. 2.All street facing elevations shall have landscaping along their foundation.The foundation landscaping shall meet the following minimum standards: a.The landscaped area shall be at least three feet(3')wide. b. For every three(3) linear feet of foundation,an evergreen shrub having a minimum mature height of twenty-four inches (24")shall be planted. c.Ground cover plants shall be planted in the remainder of the landscaped area. The landscape plans provided appear to show compliance ivith these landscape requirements and will also he verified at the time of CZC submittal(see Erlribit FILP). G. Access(UDC 11-3A-3, 11-3H-4)& Private Streets {UDC I1-3F-4): Access from the adjacent arterials(N. Linder Road and W. Ustick Road) is proposed via one 25- foot wide driveway connection to each arterial street. The driveway to Ustick Road shall be restricted to right-in/right-out,per ACHD, and passes through the multi-family portion of the project where it connects to the parking drive aisle for the multi-family units and then connects to the proposed private street. The driveway access to Linder Road is a temporary full access and is located approximately 360 feet south of the LinderlUstick intersection. ACHD has approved both of these arterial access points through analysis of driveway analyses made by the Applicant's traffic engineer. No Traffic Impact Study JIS)was required because less than 100 residential units are proposed. The other public access points to the site are proposed via extending a public local street through the site,N. Zion Park Avenue is being extended from the south property boundary and W. Pebblestone Drive is being extended from the east property boundary in the northeast corner of the site. The proposed local street is shown as 32 feet wide with 5.5-foot wide attached sidewalk within 47 feet of right-of--way. This does not meet ACHD standards so the Applicant 10/be required to revise the plat to stow the public road cgs 33 fiet wide with 5-fnat wide attached side ivalk. This revision crux be easilt°mude as the Applicant is providing the correct amount of' ri.zht-qJ-",ay. no revisions to the plat are needed to make this correction. A private street is proposed through the west portion of the site for vehicular access to some of the residential units. The proposed private street and local street are functioning as alleys for a Page I3 Page 224 Item#14. majority of the proposed residential units as the main entrance to each home is located opposite of the garage access, As discussed in section V.E above,the private street meets UDC I I-3F-4 standards by being proposed as at least 26 feet wide. As noted,the Applicant is proposing three(3)detached homes in the southeast corner of the site. These three lots take access from a common drive off of the local street extension, N.lion Park Avenue. The proposal for the number of units and access complies with code requirements. In general, and consistent with ACHD analysis and approvals,Staff supports the proposed road layout and arterial access points because the proposal oft�rs appropriate site circulation while also providing avenues to minirni,e cut-through traffic to the east and south through driveway connections to Linder and Ustick Roads. H Parking(UDC 11-30: Off-street parking is required to be provided in accord with the standards listed in UDC Table I I- 3C-6 for multi-family and single-family dwellings based oil the number of bedrootins per unit. Based oil the proposal of 18 3-bedroom apartment units, 36 parking spaces total are required to be provided—cane space per unit must be covered,per UDC standards. The submitted site plan shows 44 total parking spaces for the multi-family portion of the site. Each 2-stoly unit that enters on thefr`rst level is proposed with a hvo-cargcar•age, The 2-ston,units that eater on the third level appear utilize the sari face spaces but none cif these spaces are shown to he covered. Therefore, the submitted.site plan does not show compliance with code regatirernents. The Applicant should revise the site plan to show at least nine(9) covered spaces,for-the upper lei el units to satisfi-this requirement. Ifthis is not desired, the Applicant can provide a single-car garage spare an thef first level for each proposed unit. NOTE: Stafl'i.s recommending a loss of two omits along the east.side of the building. This recommended change would reduce the parking requirement by 4 total.spaces, two cohered and two uncovered. However, due to the overall issues with insufficient parking for multi-family projects, Stef'does not recommend a redaction in parking. The single-family portion of the site consists of 43 homes but the bedroom count of each is not known at this time. However,each home is shown with a two-car garage and a 20' x 22' parking pad that allows for a 4-bedroom home,per UDC standards.In addition, the stttunilted site plan shows 35 additional nlf street parking spaces around the private.street portion of the site meant for guest parkingfbr the single family homes. The proposed 33-foot ivide local street etlso allows on-street parking where no driveways exist. Staff supports the proposed amount of parking for the single-family portion q f the project because it exceeds UDC mininnuua requirements. The commercial area proposed in the northwest corner of the site is shown with two buildings totaling approximately 12,000 square feet requiring at least 24 parking spaces based on the nonresidential parking ratio of 1 space for every 504 square feet of commercial gross floor area. According to the saahmitted site plan, 25 parking spaces are being proposed. Each space appears to meet the minimum dimensional standards of'9'x 19'as well. Complete analysis of the proposed COMIercial area ivill take place with the first CZC application for the commercial site. Initial anal y.sis shows compliance with all UDC dimensional standards except for how the drive aisle along the north and east of the commercial site/ianc•tions. The drive aisle along the north boundary of'the site is shown as 12 feet wide which implies a one-wqj�drive aisle and it lends to the drive aisle along the east boundary of`the site that is shown as approximately 26 feet wide which implies nvo-wav Ira f c. There does not appear to be a need far the eastern drive aisle to allow two-mlay traffic ij'the north drive aisle is a one-wav Brit in this area. Page I4 Page 225 Item#14. The commercial area depicted on the site plan is conceptual in nature so future submittals and proposed itses will dictate rriore cica tcril iri the srrhnritted plans.At this point, Stajf is not recommending arry specific•revisions to the commercial area of the site f'or•the reasons noted. 1. Pathways (UDC 11-3A-8): A l 0-foot wide multi-use pathway is required along the Creason Lateral in the southwest corner of the property. This pathway is slated to connect to the existing arterial sidewalk along Linder Road and to future improvements to the south for a more complete regional pathway network. The applicant is proposing the multi-arse path wav in air appropriate location but its connection to the southern boundar-y does not appear to matchwith location of'the regional pathwav segment approved with Creason Creek No. 2 directly to the south. Upon review cif the modified landscape plans for that plat. it appears the applicant shoudd shijt the regional pathway stab to the west to be closer to the Creason Lateral. Final approval Uf the pathway connections will be verified�}) the Parks Department and our pathways coordinator.In the interim, Slaf f'is recommending the Applicant show-this shiji ref the regional pathway prior to the Council bearing to better match agiaceni approvals to the south. In addition to the proposed regional palhiva'v segment, the proposed sidewalks in this project are essentially micro-pathways that connect throughout the entire development and traverse through every open space area as well. They crier increased pedestrian connection and provide far the inclusion ofa majority allc°v loaded residential units. The proposed pedestrian facilities offer connectivity to and farm nearby subdivisions as well as safe access to all amenities and the commercial area in the northwest corner of the project. J. Sidewalks(UDC II-3A-l7): Attached sidewalks at least 5 feet wide are proposed along the proposed local street extension,in accord with the standards listed in UDC 1 1-3A-17. Other sidewalks are proposed throughout the rest of the site for added pedestrian connectivity,as discussed throughout this report. The sidewalks in this development create connections throughout the entire proiec•t including to andfrom the commercial portion of the site. The proposed large opera space area and regional pathuwav in the southwest corner of the development are also easily accessible because of'llrese sidewalks. The sidewalks along N. Linder Road and W. Ustick Road are existing; the Applicant is required to maintain andlor•repair arcy af'this sidewalk that is disturbed during construction. As stated above,Staff supports the sidewalk and pedestrian circulation element of"this project. In consideration ojpedestrian safety as well as traffic calming,for the site. Stq#'is recommending that all pedestrian crossings that cross the private.street and an drive aisle be construeled with brick pavers, stamper!concrete, or equal, as nrttline�d in UDC 11-3A-19B.4.b. K. Landscaping(UDC 11-38): A 25-foot wide street buffer is required adjacent to N. Linder Road and W. Ustick Road,arterial streets,and to be landscaped per the standards listed in UDC 11-3B-7C. A 25-foot wide easement is depicted on the plat adjacent to both arterials starting at the back of the existing attached sidewalk along each arterial,meeting the UDC requirements for the minimum width. UDC II-3B-7C.2 dictates that required lrtrrrLscape 6r{ffcrs for residential subdivisions,shall he located our common lots and owned and maintained ky a homeowner's association. The Applicant's proposal to include this required bqffer-in an easement does not eompdv wish this code section. Therefore, the.4pplieant should revise the plat to shore the required arterial landscape buffers adjacent to the residential portions of the project within a common lot at least 25 feet in width. The required landscape buffer adjacent to the commercial site can remain in an easement per this code section. Page I5 Page 226 Item#14. In addition, an area of the Creason Lateral and Kellogg.Drain irrigation easements underlay a barge portion cif the landscape btrf]"er along Linder Road that is currentIv shown with trees. Staff anticipates the applicable irrigation district will not allow trees 1141hin their easements so the landscape plans should be revised to show the removal of trees from the easement career. Furthermore, code requires that ij'a required landscape buffer is encumbered by easetnents, at least 5 feet of landscaping be proposed outside of'the easement area to include the required number of trees. Because of the extensive impediment these two irrigation facilities create in this area of the site,Staff does not find it feasible to comply with this code requirement in its fullest extent as it would require half of the site to shift to the east reducing the width of the mew in the center of the development Staff finds the trees that are allowed outside of the easement area, the placement of the access point to Linder, and the separation oftile townhome units front Linder offer appropriate and adequate landscaping and buffering. However,to formalize this finding and comply with code, the Applicant should apply for Alternative Compliance with the first final plat application. Landscaping is required along all pathways (including micro-pathways) in accord with the standards listed in UDC 11-3E-12C. The total lineal feet of all pathways with the required and proposed number of trees is included on the first sheet of the submitted landscape plans. According to the subnzitted landscape plans, the proposed regional pathway=in the southwest corner of the site is also within the Kellogg Drain irrigation easement which generally does not allow trees and rnininral landscaping. The subtnitted landscape plans show no trees proposed within this easement. Common open space is required to be landscaped in accord with the standards listed in UDC H- 3G-3E.The total square footage of common open space and the required number of trees to demonstrate compliance with UDC standards is included in the Landscape Calculations table and shows compliance with code requirements. The proposed C-C zoning district requires a 25-foot landscape buffer to any residential district. According to the submitted plans, a 20-loot buffer is proposed to be shared over the cornrrrercial property boundary— 10 feet on the commercial properh,and 10 feet on the residential side. It appears the additional required 5 feet ref area can be easily acconzrnodated and will not require anti}revision to the placement cif buildings. In addition, in order to allow the corranzercial site to be ►more viable and the fact the proposed developnzent is planned together, Staff approves of the proposal to share the width of tfre 25-1oot landscape brrj`fer across the shared property line. L. Waterways(UDC ll-3A-6); As noted throughout the report,the subject site has two waterways subject to review the Kellogg Drain and the Creason Lateral. UDC 11-3A-6 dictates these waterways be piped. So, the Applicant is proposing to pipe both waterways to help with the usahle area of the.site. The Applicant is also proposing to reroute the Kellogg Drain because its easement would greatly, encumber the site if'left in its e urrerzt poesition. The Applicant is proposing to nznve it closer to the southern property]boundai.y and underneath ca segment oj'the public rind and private street: it is then proposed to move north and connect to the existing section of the drain that is piped and currentli,passes under Linder Road. Staf f'supports the proposal to pipe and vegetate these ti�ater-�var�s. In addition, a majority of the site contains floodplain which will require specific permits and building requirements. Public Works and Land Development will be the departments to handle these reviews as final platting and building permits are submitted. Page I6 Page 227 Item#14. A portion of nne of the building lots(Lot 1, Block 1) is shown on the preliminaryy plat and site plan within the,floodplain area. The building fibotprint is not so this technically conzplic�s with Cin,and floodplain standartLY, Horvever, to ensure the fitture homeowner has the easiest access to use their propert , Staffreconsnsenl.s this 6-unit townhome building he shifted to the north to get as much of the building lot out of the floodphtin as possihle. There is adequate room on the north side of`this building_fnr this to occur without anY other changes to the development. M. Qualified Open Space(UDC 11-3G): A minimum of 10%qualified open space meeting the standards listed in UDC 11-3G-3B is required for the single-family portion of the site. Analysis on the open space area required and proposed for the multi-family portion of the site is above in Section V.F. Based on the proposed plat of 8.75 acres, a minimum of 0.88 acres of qualified common open space should be provided to satisfy this requirement. The Applicant has revised Ilse open space exhibit per Staffs request to depict the qualified areas and accurately note the amount of qualified open space for the project According to the revised exhibit, the Applicant is proposing 1.64 acres of qualified open space,approximately 18.7%. The majorio,of"the qualified open space consists of floe large open space area in the southwest corner of"the site, the large central resew,and haff of the required arterial street buffers. This area exceeds the ntinitnum UDC requirements. Stuff finds the proposed open space is adequate in amount and placement to satisf}?all code requirements. N. Qualified Site Amenities(UDC 11-3G): Based on the area of the proposed plat(8.75 acres),a minimum of one(1)qualified site amenity is required to be provided per the standards listed in UDC 11-3G-3C. The applicant proposes two(2)qualified amenities to satisfy the requirements in this section of the UDC, a 10-foot multi-use pathway segment and a children's play structure.The proposed amenities meet the minimum UDC standards. U. Fencing(UDC 1I-3A-6, 11-3.l-7): All fencing is required to comply with the standards listed in UDC l 1-3A-7. Fencing is proposed as shown on the landscape plan and appears to meet UDC standards. P. Building Elevations (UDC 11-3,4-191 Architectural Standards Manual}: As discussed in the comprehensive plan policies analysis, Staff believes the submitted elevations meet the required Architectural Standards.The applicant has not submitted a concurrent design review application for the attached residential buildings. With the final plat application,the Applicant should also submit an Administrative Design Review(DES)application for these units. The Applicant also submitted conceptual elevations for the commercial buildings, These elevations show multiple field materials of brick, concrete wainscot, and lap siding with roof parapet variations and wall modulation--in all, the conceptual elevations appear to also meet the ASM. A separate DES will be required for the Commercial portion of the development with future CZC submittals to verify ASM compliance. V1. DECISION A. Staff: Staff recommends approval of the requested annexation and zoning with the requirement of a Development Agreement and approval of the requested conditional use permit and preliminary Page 17 Page 228 Item#14. plat applications per the Findings in Section IX of this staff report. The Director approved the private street application. B, The Meridian Planning&Zoning Commission heard these items on_December_2, 2021 and January 20,2022._At the January 20th public hearing, the Commission moved to recommend apt�roval of the submect Annexation and Zoning,Preliminary Plat,and Conditional Use Permit requests. 1. Summary of Commission public hearings a. In favor: Andrew Wheeler,Applicant Representative; Patrick Reams, Owner Representative; Carissa Sindon,descendant of the Owners. b. In opposition: Caryn Bitler,neighbor; Pamela Stinette,neighbor; Dlena Santana, neighbor; Shelby Shanaberger.neighbor;John Biller,neighbor-Pamela Stinnett, neighbor; C. Commenting: Andrew Wheeler; Caryn Bitler; Pamela Stinette;Qlena Santana: Shelby Shanaberger: John Bitler; Patrick Reams; Carissa Sindon: Pamela Stinnett. d. Written testimony: Caryn and John Bitler(l 3 pieces of testimony), Helen and Eder Santana; L. Staff presenting application: Joseph Dodson,Associate Planner f. Other Staff commenting on application: Kurt Starman,Deputy City Attorney 2. Key issuc(s)of public testimony a. Concern over proposal to include multi-family dwellings; b. Concern with height disparity across property to existing homes in Creason Creek and a loss of privacy: c. General desire to construct the property with detached single-family homes only; d. Concerns with general increase of traffic in the vicinity with additional homes/units; C. Desire to relay how difficult the site is to develop with two major irrigation facilities bisecting the property and has floodwrie throughout the entire pro e�rty: f. Appreciation of proposed design considering history of property and difficulty of developing this. 3. Key issue(s)of discussion by Commission: a. Location of proposed multi-family in relation to existing single-family to the east and the proposed commercial—could the commercial and multi-family be switched; b. Height of the multi-family being 4-story and at the maximum 40' mark; general desire for this to be reduced as it does not match anZhing aloLig the Ustick corridor: C. How will the garages for the multi-family be utilized for parking instead of storage, d. Location of the Dog Park in relation to the other open space and existing homes to the cast—could it be moved; e. What kind of commercial is the target for the imposed pad sites; £ Staffs recommended(and agreed to by Applicant,)changes for the homes along the east boundary to be front-loaded to have abutting backyards along the east boundary; g. Concern with viability of Commercial with no direct access due to proximity to the hard corner of Linder and Ustick, h. General agreement that the proposed changes to the site plan and multi-family are a benefit to the prgiect, i. Still concern with proposed attached units along east boundary instead of detached single-family, 4. Commission change(s)to Staff recommendation: a. Commission recommended changes to the staff report consistent with Staff s memo prior to the January 2[3"'meeting. 5. Outstanding issue(s) for City Council: a. None Page 18 Page 229 Item#14. — --Meridian uncil heard these I ----n Fcb r ar�v 22.2U22. .At th_e nublic hearin t he - C��mtcil_z�a�v�d_tQ�pp�t�y�t��abi�t� � c�da Use Pen-nit regues L, �� z�t�h�+�ii� a�ncil publc.hearin�.- Ln-fuypr�Aad_rw—W eceler,Applicant Rcprese-gtatiiv% Can&sa-Sip-dond-csrcndmtpf previous owners. �= In onng��,ivst��n$J1=1.err;_�.iZet-¢ att_Shanabe�-��r�n��izb�t� c-, C-Qmmf win g;_Cmms s a Sin don. CAUm--Bitter;` AnShu,abszW drn testim , See public recir_ 1 tnWes ftr�t�i Mrs. Carmen Bitter Staff rescntiug apRlirationLImphDQdwn,Amcia#c-PJ=cT L tQthcr Staf-Lw=-entin&pn appl i $ ll Nary-amity-E4tt me 2. key isissuet)of nublic testimon a. Adsbli nal # ir--a er t d hy-prszlcub sn�cif WLy a-ny c0trt2nerciaLcut-tlij.cjit la traffic for existing resintial_t the east: bL Sunnort for the project as a logical rcdevelopment of former agricultural land_des despite py-crall ch lira rte—r of Meridian to apse ur an c mmwniZ- c. Reciting of previous concerns stated at the Commission hearing-see above far dorniniss,on re ac�_and those comments_ I Ke isuc[sLa p_n�CjiY_C9-luiril: Proiect being_more clos v aligned with Mixed-Use Nei borhood than Mixed-[use Qu ni t� end whcthcr site should bQ 6xcd-use at a11 nuTm ; - - -- 1s the bcrntlac -fzuij and th_e cistirtg-rcaidencc t e e sufficient: c- R coin b hi L a r �designated as i��r �bv ACI ID d, Sh-Qpld-a"e rQr yt-o L y&r b�ftber restri�tcr�ti n w} GHD is allowing at this timebc�auscsa�`f..�esc�blc r�afftc cQn�Eict�in�fuhtr� IL Anticipated timing of the commercial cmponent yfthe nroiect ecifica lv in relatim to thc rmesid mnonen-1 L yiabili_ty-pLw umg is wilh.pmposed accesses and-yihat_are tl}e e_xpe...r yd_tettatttsl_u,scs because of this; J ar�ject ai,tici a ed t[�7 eVeloned�b lt�3rJC1_ e Y_tii same ownershiR—huw in concerm regardin&pupetual,maintenance ofsbared comm-max-vas ifownerrsbip varies across the site: Wi_l tlgt7ess Applicant to do denser 1I clsca mg—bct iLmntlti_famz l lcljn sort e st erty bc�uniam, 4. City Council changes]to Commission recommendation: a Add prcytsictt tQc nit uet curbing.o the su>.icct site,adjacei,t r«ACH©ri l,t-of-ways within the lZrp ed Linder access curb cut to discourage anv left-in or left-out traffic movement, be Add thaixhe landirtgbeert the Mulr-fames and tl,e�tirtrsidential and the landscaving between the C-C-and R-15 zt� in di ct beljind theme sed e m-mercial.buildingarQcmjructesl;m d.dcnser Iandsca ing that touch�at�al�irity white ipstall op-mme,mow trees at tl-e-lime of installatim Page 19 Page 230 Item#14. VII. EXHIBITS A. Annexation and Zoning Legal Descriptions and Exhibit Maps FOX HMH LAND SURVEYS engineering Lennon Pointe Annexation Legal Description A parcel of land situate in the North 112 of the West 112 of Government Lot 4 in Section 1,Township 3 North,Range I West,Boise!Meridian,City of Meridian,Ada County,Idaho,and more particularly described os follows: BEGINNING at the northwest Corner of Section 1,from which the west one-quarter corner bears,South 00-01'03"East,2699.19 feet,thence along the northerly line of Government Lot 4,South 88e43'02" East,665.57 feet; Thence along the westerly boundary of the Creason Creek Subdivision No.1 recorded in Book 112 of Plats at Pages 16486-16488,South 00°02'45"West,680.06 feet to the northerly boundary of the Creason Creek Subdivision No.2 recorded in Book 119 of Plats at Pages 19301-18303; Thence along said northerly boundary,North 88"59'01"West,664.76 feet to westerly line of Government Lot 4; Thence North 00"01'03"West,683.16 feet to the POINT OF BEGINNING. Containing 10.41 acres,more or less END OF DESCRIPTION Prepared by: Ronald M.Hodge,PLS Survey Department Manager RMH.tk �, 8575 aTf Of �a� G4• 680 S.Progress Ave.,Suite 92B•Meridian,Idaho 83642•Tel:208-342-7957*Web:hmh-llc.com Equal Opportunity Fmployer Page 20 Page 231 Item#14. EXHIBIT B' W. Ustick Rd, SURWYMaP 35 36 S88043'02"E 665.57' 2 1 - Point of Beginning ANNEXATION �r 17 w c o ri 6 c3 CDC CD oy o r � di w u� a P Q Co 664.76' N88059'01"W T fi lr Q. ` 8575 0 100 200 �vy7rs of Iq� Gr �4 M Scale in Feet NOTE:THIS DRAWING IS A VISUAL REFERENCE ONLY. D&I'M SCALFM'�=I 4' DATE 09.OR I LEMON PaWM RMINE-ANNEf AIMN H � DMIX RQA C4U3+ITY,IQAHO ! Y SV.RMH SHf.1H GSQ2U OBB SECA.T.3N,R.1W,B.M. eng wmehng Page 21 Page 232 Item#14. \V, , FOB HMH 1W LAND SURVEYS engineering Lennon Pointe Rezone (C-C) Community Commercial Legal Description A parcel of land situate in the North 112 of the West 112 of Government Lot 4 in Section 1, Township 3 North,Range 1 West,Boise Meridian,City of Meridian,Ada County,Idaho,and more particularly described as follows: BEGINNING at the northwest corner of Section 1,from which the west one-quarter corner bears,South 00°01'03" East,2699.19 feet,thence along the northerly line of Government Lot 4,South 88"43'02" East,356.54 feet; Thence South 01°16'58"West,255.14 feet; Thence South 89°58"57"West,350.66 feet to westerly line of Government Lot 4; Thence North 00"01'03"West,263.17 feet to the POINT OF BEGINNING. Containing 2.10 acres,more or less END OF DESCRIPTION Prepared by: Ronald M.Hodge,PLS Survey Department Manager �Gsrc � 0 8575 9rf OF $�fv D M. V01� RMN:[k 680 5.Progress Ave.,Suite#2B• Meridian,Idaho 83642•Tel:208-342-7957•Web:hmh-Ilc.com Equol Opportunity Employer Page 22 Page 233 Item#14. *w 'dFOX 1W LAND SURVEYS engineering Lennon Pointe R-15 Rezone Legal Description A parcel of land situate in the North 112 of the West 112 of Government Lot 4 in Section 1,Township 3 North,Range 1 West,Boise Meridian,City of Meridian,Ada County,Idaho,and more particularly described as follows: COMMENCING at the northwest corner of Section 1,from which the west one-quarter corner bears, South 00"01'03"East,2699.19 feet,thence along the northerly line of Government Lot 4,South 88'43"02"East,356.54 feet to the POINT OF BEGINNING; Thence continuing along the northerly line of Government Lot 4,South 88'43'02"East,309.03 feet; Thence along the westerly boundary of the Creason Creek Subdivision No.1 recorded In Book 112 of Plats at Pages 16486-16488,South 00°02'45"West,680.06 feet to the northerly boundary of the Creason Creek Subdivision No.2 recorded in Back 119 of Plats at Pages 18301-18303; Thence along said northerly boundary,North 88'59'01"West,664.76 feet to westerly line of Government Lot 4; Thence along said westerly line,North 00'01'03"West,420.00 feet; Thence North 89'58'57"East,350.66 feet; Thence North 01'16'58"East,255.14 feet to the POINT OF BEGINNING. Containing 8.30 acres,more or less END OF DESCRIPTION P L 0 Prepared by: �s7 Ronald M.Hodge,PL5fi Survey Department Manager a 85] 0 09.Zz.7 p 9rf OF RMH tk ` D IA. �a4 680 S.Progress Ave.,Sulte 028• Meridian,Idaho 83642•Tel:208-342-7957•Web:hrnh-Ilc.eom Equal Opportunity Employer Page 23 Page 234 Item#14. S. Preliminary Plat (dated: ,n f!1 v 4Q021 January 18, 2©22) NO IS AIC£fl�r :i :8 �06# 9 � 7l'ld 3Hf11.�3Lr+�JY dll4kl€JJOO � W w y .:e S.fl1 {tlr s .f 1•.. yy�� t 'r. I , F i� g I I ar I f 10 I ! I — E , l i -- Illi�Lf J a �I .{. f iswssrs siwar n� !_ ,/�1 41 Page 24 Page 235 Item#14. C. Open Space Exhibit (date.- °" 24) Revised January 2022 Nal IY011ddv.IN3 W3111.CN3 I�I� RI . a 31N10d NONN3l T Q 4 311d 3an.L,,-uHouv dncuo E)a wm 5y g Y tr iit u n n7 I U r a I +ii 1- i I'I' III -•I I• If 1� � •• I I i - 11 --1- FI II - i I.. � {�':�4' m'.� 1 } ►rill " '�.�ii r! II nR rw I�e^I �� l 1 1 - r - 1;: k '`�{'.i�-•IYI 8a .�"- I+ gyp{ t . M 45y �ayr. - m• .. -,e�r - - W 7 y� M+Jkia 311H 3AI3 Q 'ur amumn 'N — g Page 25 Page 236 Item#14. D. Landscape Plans (date! 9,'1!5,2z,NOT APPROVED[requires revision prior to Final Plat) 31NlOd NONNTT "1 0`111- mid wuziawwv dncij�)Er ca IF i 2 Aff Page 26 Item#14. N.LINDL14 ROAD 1 — P e—`,--T �.I f' C C, r r3' •� tsI_ � x C3 - �� .lip Tp o p `. ' HHI �v i •g arl�L Ri x �C. " 9 ' ❑ q— i g I i i s =s yy ..•- IXi13 rJJF ARCH ITEM UBE aLLG j. l ENNON POINTS EI�17L'cL1ENT A�'ai_ICFT'OR Page 27 Page 238 Item#14. r f4f m r. I. mIf zo J _ 1! ;7 1 ❑ �p 1 $ Q r e¢ 8 Ef is ....:.:•� X 9ol •k9,e IC ps:. r7 I,ll :^� WerMrl CRr-114-CTIJ#?E I'LLC r A LENNON POINTS 1 N; YM EMFNT AINKCATION Page 28 Page 239 Item#14. pp !y - _ - n Tt y ' S' n tj L L # a S c rr 7; ,• f! ! �� 4:3 GROUP RRGHiTEC T URE RING ;�;r; i�f ii LENNCN PDINTE ENTnrMrNTAPMOATION Page 24 Page 240 Item#14. —A N.LINDER ROAD 3f 71 If / Y f'� - lam= L7Rf1r,f F IS„ a _ _ 1 5 ��. 333 ifs r :r dt� =s z —pl ,07 ) u f Y ^S I ]kit; e� Ifs E i ,�',� �;; Asa#ar1s�1�•'9�`Ii' � i� F. '�I'K i r } M ORDUPI rPc,rrecrunP PL.LC a a LENNON POINTE ENTMM rrMEW APPLICATION — --_ Page 30 Page 241 Item#14. E. Site Plan[Revised January 2022) LOT« swan urcacw lor.L.1 mr.Lefl rmm auaua� 3 IGF� aumcxax�o er r M wrmurin uar+ m .a k °�. p�rrw n y. -- ` �•` i �i s vcirucw _ SITE A ' 0M' 51,61 SF 1 18 bTWM .47�AC Wn46 � I � INYF _4� le�P-ncYE aflxel+dY;oeaB 111 W. sl n +� -j - 4 o are• � ou�.6� Aug. IT 44 :'• � � ra'nrn.an�c rnB Alrt 1P'/IRtiI � S �Hsmad4 ❑ � firtpaa iF�1N nPOQI.+'� W RX�NI[MgNTpW 2 i�THWAY FwM�+UUTp W "pY➢Y!I W�11llpl PNafIRY LL R 51 PLAN 9{ � i i arxt r.at nop�aa,*r+9 m�np�o+*p rap.N,a 6�iC pUN da4ntimmMMrtT��.T oFn 0444P Page 31 Page 242 Item#14. �orcavcn.a�' rrn..rx w.wrw�m smcti ---. - - 1 NCw _ SITE B S:.TE Ac.+..>s.. 51.619 SF 1 18 AC 1 a, AC Aft Jr 1Nh �a 5.861 F 1 1. ME 6��C rT J l' ® PRO ozv eoLOC C•' y rww. y �_ dwy ii�'rrrr war � f J I LL! .� .. .oulcwrrcrn�e.l rnon�.n ��'1SITE�PLAN WhrilW�I DYPOA�YIW1l�Cr'Ir4,Li Page 32 Page 243 Item#14. F. Public Works— Water Markup SSMM 4A' -ST'r_p:Rr RIM 2$7147' INV IN INV OUTZ. RIM:RIM:2548"82 RIM:2S70.10' RIM r W' INV,IN. - INV.MJ INV J INV CUT I ii- INV IN,E)' - INV C}T: yl _ INV O;uT RIy:29&$, _ I! qx RIM'+571 B7' lw /r f INS.ONT' — WV PIIT h 4 -a � .. �`.\ /G_� RIM Syq>ae•'� „�. . ..,moron�. � _ s. AIM i 'f•BK�- >.• I7dY-❑urn „P m. r fOdIWRNWa � � wee I� — T x "SkR i" I �. RIM R57p_57 �� INV,IN fe y-y+�— INV OUT W y _ i, \I I Ima,,�•, I M. _. — felM�25ea3.ss 1 INV.IN mm, 17, INV.1N iSVN -� INV.IN,8E � !.'I INV OUT k= twv-O SS,MH { RIM-?d69 tiff 't �` �—~� NV.IN- IN V.OUT: UTILITY PLAN SCALE 7'+bG' Page 33 Page 244 Item#14. G. Conceptual Building Elevations and Site Renderings(Revised January 2022) ff7rr T r 71 LM Flp, L Em Em tirA3.2A j Pr;lVPL;-PP;:P:;1-z 7 'lao '56 ---------- L I J. Ink, J QTVG 73 7 17 117 —L T EE 9 A4.2 t Page 34 Item#14. �"' `- '_.''.;-Y...�_— � �. Inc .•-mac ..��❑ � . s .� {- I Iffis RIM ----- z ,• 1°.�I ° it ll 11 'I ° � 1'° I II rll 1 u II 1 1. . i �� Y Z RC A w+�or An .�"Y.iT'.,u,.+.t� x•III��-.1.11/,��1111��-___W. ,. y + r � 1iy -T T� -� -t-_J .__-a —-_'r-'N'-.-�J�-°.�• �r__-ir m_-.r�'_-v�-°'r±•-s'rnr�r•LI_ 4 _asIA Page 35 Page 246 Item#14. LD J LLI A6.28 FOG w .,..,. F iq., a 2 W J r A7.2 Page 36 Page 247 Item#14. a SS((�4ax Nj C•3f awl W 0 - LU J OEM- 1 � A !r : a —� o M T I Page 37 Page 248 All - .. lot 1 on z a t Page 38 r w r OL -01 `► 'ion '` s r�r y k } _ � I Item#14. Vlll. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION 1, A Development Agreement (DA) is required as a provision of annexation of this property. Prior to approval of the annexation ordinance,a DA shall be entered into between the City of Meridian,the property owner(s)at the time of annexation ordinance adoption, and the developer. Currently,a fee of$303.00 shall be paid by the Applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the Planning Division within six(6)months of the City Council granting the annexation. The DA shall, at minimum, incorporate the following provisions: a. Future development of this site shall be generally consistent with the approved plat,site plan, landscape plan, open space exhibit, and conceptual building elevations included in Section V1I and the provisions contained herein. b. The ]0-foot multi-use pathway along the Kellogg Drain and Creason Lateral in the southwest quadrant of the site shall be constructed with Phase 1 of the development. c. The existing county residential access onto W. Ustick Road shall be closed upon development of the subject site, the only approved accesses to the adjacent arterials are those shown on the site plan. 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. e. The required landscape street buffers shall be constructed and vegetated along the entire perimeter(along N. Linder Road and W. Ustick Road)with the first phase of development. f No more than 44 18 multi-family units are approved with the Lennon Pointe Community development the first t.,, nits al nest ims the east pr-apef4j boundaty and Crvason Creek Subdivision are limited to two g. If cross-access is proposed between the commercial lot and the 5-unit townhomes,the Applicant shall submit a recorded cross-access agreement to the Planning Division at the time of Final PIat Signature to ensure perpetual cross-access between the private street in the residential portion of the project and the commercial drive aisle. h. AIi to shell c4nstr�cts�win ladsr ►ed_arathtes t rat t❑ucl� at Inatur l:y��V_es kit 1g:'50"in call ep r at the tines ofplantirt&andAnsWI-1,�n�augh plants to have at leas 0��.P.gr pod caycr at plant e17�tirrity_land�a_Re buf e Mw-cen-the_prop()sed-con,lnci-cial.buildittg_and thc_single-fam ly_r sidmfial.tu its-south be IanS�cape�r� alhe heart outer Q£the site bet v en a multi-family building and the east property boundary(Lot 31, Block1). i. With t) fr t_ph self i v l gmen t,_the_Apriiic-t s iall�onstru ct raised curbing or similar within the Linder Road access adjacent to ACHD right-of- x�a�1�� lift-in c�r_]�ft��f#"Ic p�L Ann�rrt�l tti�>. Page 41 Page 252 Item#14. thiscurbine on the civil drawings and landscc epllans with the first final talat ubrnittai;coordinate with ACHD as necessary. 2. The preliminary plat included in Section VILE, da4e ' Ost..her�1 with revision date of Januxi-y 21177, shall be revised as follows pri`oXtQ Final ajjStJbmittal R4 le,St tff.t 104 a.,.,., prior-to the City Couneil hemin : a. Geffeet the size ef:Let 9 Bleek 1 to meet the 2,000 square f6at mininnum lot size b. Add additional common lots for the required landscape street buffers to N. Linder Road and W. Ustick road adjacent to residential uses,per UDC 11-3B-7C.2. c. Stamped and signed by the licensers land surveyor. d. Add a note stating direct lot access to N. Linder Road and W. Ustick Road is prohibited except for those access points approved by ACHD and as shown on the approved site plan. e. Add a common lot for the proposed common drive currently shown on Lot 13,Block 2 and add a plat note stating the purpose of the common drive and which building lots it serves. 3. The landscape plan included in Section VII.D, dated September 15, 2021, shall be revised as follows prior to submittal of the Final Plat application: a. Revise the location of the trees for the Linder Road street buffer to be outside of tiny waterway casement. b. Shift the proposed regional pathway on Lot 1, 'Block 1 to the west to better align with the approved segment to the south in Creason Creek No.2. c. Show the required 25-foot landscape buffer between the C-C zoning district and the R-15 zoning district as required by UDC 11-3B-9C. d. Revise the landscapcplan to match the revised preliminary_plat and site plan 4ated 4. The site plan, as shown in Exhibit V1I.E,shall be revised as follows prior to Final Plat submittal: out of the floodway zone. c. Show the required number of covered spaces for the proposed multi-family residential development, per UDC Table 11-3C-6. d. Shift the proposed regional pathway an Lot 1, Block l to the west to better align with the approved segment to the south in Creason Creek No. 2. t,.t1. r:h,r.. .1 he 0, RedtWe tile l4eigh! Of the PFE)POSed btlildilleS tO meet Oie maximum building height limit of f.-...ty (40) feat for-the S3 1_5 zoning,d:strict Page 4Z Page 253 Item#14. b. Show the loss of the iwo uf14s an flie third and fourth levels of!he eastem Multi 6. With Final Plat application,the Applicant shall submit for Alternative Compliance to the landscape street buffer tree requirements along N. Linder Road for that area encumbered by the Kellogg Drain and Creason Lateral easements. 7. Future development shall be consistent with the minimum dimensional standards listed in UDC Table 1 I-2A-7, UDC Table 11-2B-3,and those listed in the specific use Standards for multi-family development, UDC 11-4-3-27. g. Off-street parking is required to be provided in accord with the standards listed in UDC Table 11-3C-6 for multi-family and single-fancily dwellings based on the number of bedrooms per unit. 9.. The Applicant shall comply with all.ACHD conditions of approval. 10. The Applicant shall obtain Administrative Design Review(DES) for the attached single- family and townhomc units prior to building pen-nit submittal. One DES may be utilized for the entire single-family portion of the site. 11. The Applicant shall obtain Certificate of,Zoning Compliance(CZC)and Administrative Design Review(DES)approval for the future:commercial buildings and multi-family structures prior to building pen-nit submittal. 12. Comply with the outdoor service and equipment area standards as set forth in UDC 11-3A- 12. 13. Provide a pressurized irrigation system consistent with the standards as set forth in UDC 1 I- 3A-I 5. UDC 11-313-6 and MCC 9-1-28. 14. Upon completion of the landscape installation,a written Certificate of Completion shall be submitted to the Planning Division verifying all landscape improvements are in substantial compliance with the approved landscape plan as set forth in UDC 11-313-14. 15. The applicant and/or assigns shall comply with the private street standards as set forth in UDC 11-3F-3 and l 1-3F-4. 16. The conditional use approval shall become null and void unless otherwise approved by the City if the applicant fails to 1) commence the use,satisfy the requirements,acquire building permits and commence construction within two years as set forth in UDC 11-513-617.1; or 21 obtain approval of a time extension as set forth in UDC 1 I-5B-6F.4. 17. The preliminary plat approval shall become null and void if the applicant fails to either: 11 obtain the City Engineer signature on a final plat within two years of the date of the approved findings: or 2)obtain approval of a time extension as set forth in UDC 11-6B-7. 18. Prior to City Engineer signature on the plat, the applicant shall submit a public access easement for the multi-use pathway along the southern boundary of the site to the Planning Division for approval by City Council and subsequent recordation. 19. Prior to issuance of Certificate of Occupancy on any building, the Applicant shall provide proof of the required maintenance agreement to the Planning Division in accord with UDC 11-4-3-27—all multifamily 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. Page 43 Page 254 Item#14. 20. Business hours of operation within the C-C zoning district shall be limited from 5 am to 11 pm as set forth in UDC 1 1-2B-3A.4. 21. An_v drive-thru establishment use shall require Conditional Use Permit approval in accord with UDC 1]4-3-11. B. Public Works Site Specific Conditions of Approval 1. The geotechnic.al investigative report prepared by SITE Consulting, LLC indicates some very specific construction considerations due to shallow ground water on site. The applicant shall be responsible for the adherence of these recommendations. 2.. A portion of this project lies within the.Meridian.Floodplain and Floodway overlay District. Prior to any development occurring in the overlay District a floodplain permit application, including hydraulic and hydrologic analysis is required to be completed and submitted to the City and approved by the Floodplain Administrator per MCC 10-6—All structures in the overlay district must be elevated to flood protection elevations. 3. A water main connection will be required to Ustick Road. 4. Current design does not follow the utility corridor. Water mains should be located north and east of roadway center]ine. 5. A water main connection will be required to the existing stubs in North Zion Park Avenue and West Pebblestone Drive. 6. The proposed main west of Building B should be eliminated. Townhomes can be served by the water main east of Building B. 7. Complete the water loop by extending,the proposed water main in the private road between Building B and Building D 1 northeast to connect into the water main located south of Building Al. S. Minitnize water main length near the commercial lot at the northwest corner of the development. Bring the water main only as far as needed to provide a hydrant for the buildings' fire protection. Extend service: lines from the main to serve the two retails buildings. 9. Water mains should not cross through landscaping or sidewalks. 10. Sewer service lines should not cross lots other than the lot they serve. Services in the southeast corner do not meet this requirement and must be adjusted. 11. Sewer needs to connect to West Pebblestone Drive by removing the temporary cleanout and connecting to the existing main. 12. The manhole located at the northeast corner of the development near Pebblestone Drive must be moved so it is located out of the landscaped area and instead located in Right-of-Way. 13. Sewer services should not cross infiltration trenches. 14. Utility easements are required for all mains outside of Right-of-Way. 15. No permanent structures can be built within a City of Meridian utility easement including but. not limited to buildings, car ports, trash enclosures, fences,trees.bushes, infiltration trenches, light poles,etc. General Conditions of Approval Page.44 Page 255 Item#14. 16. 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. 17. 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. 18. The applicant shall provide easements) for all public water/sewer mains outside ofpublic 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 1 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. 19. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(MCC 9-1-28.C). 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. 24. 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. 21_ 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.' 1 I-3A-6. In performing such work,the applicant shall comply with Idaho Code 42- 1207 and any other applicable law or regulation. 22. 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. 23. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 94 8. Contact Central District Health for abandonment procedures and inspections (208)375-52I 1. 24. Street signs are to be in place, sanitary sewer and water system shall be approved and activated,road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded,prior to applying for building permits. Page 45 Page 256 Item#14. 25. A letter of credit or cash surety in the amount of 1 10%will be required for all uncompleted fencing, landscaping, amenities,etc.,prior to signature on the final plat. 26. All improvements related to public life,safety and health shall be completed prier 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 I I-5C-3B. 27. 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. 28. 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. 29. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Anny Carps of Engineers. 30. Developer shall coordinate mailbox locations with the Meridian Post Office. 31. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop till material. 32. 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. 33. 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. 34. 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. 35. 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 bighting. A copy of the standards can be found at littp://www.ineridiajicity.org/public_works.aspx?id=272. 36. 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. 37. 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 Page 46 Page 257 Item#14. Community Development Department website. Please contact land Development Service for more information at 887-2211. C. FIRE DEPARTMENT https:llwehliyak.trret-idianc-its?.orglWebLinkIDoel,'iew.W,y?icf 240228&dbid=O&rgpo=Mc?ridicrtiC itv D. POLICE DEPARTMENT baps:11weblink.meridiancity.cttg/WebLink/Doc View.aspx?id=240012&dbid----0&-!1 po=MeridianC itv E. PARK ISDEPARTMENT—PATHWAY COMMENTS htips:llweblink.tneridiancity.of lWebLinklDocYiew.aspx:yid=?42744&dbid=lJ&rgpo=MeridianC i t7' F. COMMUNITY PLANNING ASSOCIATION OF SOUTHWEST IDAHO(COMPASS) htWs:l/wehlink.meridianc b,%omg We-bLinklDoc View.aspx?ic=243241&dbid=0&rgpo=MeridianC i &ct I G. WEST ADA SCHOOL DISTRICT(WASD) https:llvt,eblink.titericlictttc•itl--.otg/WebLinkIDoeView.rasps?id=242517&cibitl=O&i- o=kferidicinC itv H. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ) his:llii,ehlink.meridiancity.orglWebLittklDoef1`ievv°.aspx?id 240139&dhid=O&repo=MeridirnaC I. ADA COUNTY HIGHWAY DISTRICT(ACHD) httl�s:1/ivehlink.traeridiatrrit}.org/WchLinklDocf'retiy.rasAr'id 244361&dl)icl i0&repo=MeridianC 1 J. NAMPA MERIDIAN IRRIGATION DISTRICT(NMID) https:llweblink.tneridictnci o:.otglWebLittklDoe Vievv.aspr?id=240461&dbid=0&repo=MeridianC in IX. FINDINGS A. Annexation and/or Rezone(UDC 11-5B-3E) Required Findings: Upon recommendation from the commission,the council shall make a full investigation and shall, at the public hearing,review the application. In order to grant an annexation and/or rezone,the council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; Council finds the proposed zoning snap amendment to annex the property into the City of. Meridian with R-I5 and C-C zoning districts and subsequent development is consistent with the Comprehensive Plan, if all conditions of approval are met. Page 47 Page 258 Item#14. 2. The map amendment complies with the regulations outlined for the proposed districts. specifically the purpose statement; Council finds the proposed zoning niap amendment and request for the development of ratultiple housing types Fill contribute to the range of'housing opportunities available ivithin the CRY and within this area. Council finds the proposed addition oj'commercial within the development is generally consistent with the purpose statement of the commercial district and consistent Keith the,future land use designation of Mired-Use Cornnurrrio'. 3. The map amendment shall not be materially detrimental to the public health,safety, and welfare; Council jt`nds the proposed z7oning reap amendment should not be detrimental to the public health, .safety and welfare. 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 Council finds the proposed zoning snap arnendnrent will not result in an adverse impact on the delivery oj'services by arty political subdivision providing public services within the City. +. The annexation (as applicable)is in the best interest of city. Because of the unique and distinct project proposed, the proposed addition ref more commercial zoning, and the varying types oj'housing options proposed. Council,find,s the annexation is in the hest interest of°the City'. B. Preliminary Plat Findings: In consideration of a preliminary plat,combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: 1. The plat is in conformance with the Comprehensive Plan; Council finds that the proposed plat, with Std{ff"s recotnntendations, is in substantial cotrrpliance with the adapted Comprehensive Plan in regard to land use, density, transportation, and pedestrian connectivity. (Please see Comprehensive Plan Policies in, Section V of this report jor-more itilbr►nation.) 2. Public services are available or can be made available and are adequate to accommodate the proposed development; Council jindls that public services will be provided to the subject property wish development. (.See Section V111 gf'the Staff Report for more details fi-nnz public service providers.) 3. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because CYty water and seiner and any other utilities will he provided by the development at their own cast. Council,finds that the.subdivision will not require the expenditure ofcapital in►provernent funds. 4. There is public financial capability of supporting services for the proposed development; Council,finds there is public financial capability of.supporting ser vices.for the proposed development based upon cornnients fi-ont the public service providers(i.e..Police,Fire,ACHD. l�`11 etc.), (See Section for inore irrfurrnation j Page 48 Page 259 Item#14. 5. The development will not be detrimental to the public health,safety or general welfare; and, Council is not aware of anv health, ,safer}-, or environmental problems associated vi•ith the platting oj'this property. ACHD considers mad safety issues in their analysis and has approved the proposed road layout and connections to adjacent arterials. 6. The development preserves significant natural,scenic or historic features. Council is unaware of'anv sign;ficanr natural,scenic, or historicfeatures that exist on this site that require preserving. C. Conditional Use Permit Findings: The commission small base its determination on the conditional use permit request upon tits. 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. Councilfinds that the submitted site plum shows compliance with all dimensional and development regulations in the R-15 Zoning district in which it resides except for those noted and required ro be revised. 2. That the proposed use will be harmonious with the Meridian comprehensive plan and in accord with the requirements of this title. Council,f inds the proposed use o f multi jf nrily residential, in conjunction with the other residential housing t pes proposed, is in accord with the comprehensive plan designation of Alixed-Use CornmarniN and the reguirentents of this title, 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. Despite the proposed use being cliftrent than the residential uses closest to the subject site, Counciljinds the design, construction, and proposed operation and maintenance will be conapatihle with tither uses in the general neighborhood anti should not adversely change the essential character of'the same area. i f all conditions of approval tyre rrtct. 4. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. Council finds the proposed use, if it complies with all conditions ol'approval imposed, will not adverssey,of et other prvper7 ,in the vicinity. 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. Page 49 Page 260 Item#14. Council_frnds the proposed use will,he served adequalely by essential public.facili"ties and services as all services are readily available, the nearby arterial street is widened to its fir l -width, and the Applicant is required to construct a new public road extension to accommodate additional Irafficflow. 6. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. All public,facilities and services are readilt?available,for the subject site so Council,f inds that the proposed use will not be detrimental to the economic welfare of the community or create excessive additional costs_fbr puhlicfacilities and services. 7. That the proposed use will not involve activities or processes,materials,equipment and conditions of operation that will be detrimental to any persons,property or the general welfare by reason of excessive production of traffic,noise,smoke,fumes,glare or odors. Although truf'e will likelt!increase in the vicinity with the proposed use, all major roadwa},s adjacent to the site are alreadjy at their f dl width and the proposed layout offers the best opportunity_iar.safe circulation, Therglbre. Councilfinds the proposed use will not he detrimental to anv persons,property,, or the general welfare. alt_cottrlrtlsIms ocT rQi wx met. 8. That the proposed use will not result in the destruction,loss or damage of a natural, scenic or historic feature considered to be of major importance.(Ord.05-1170,8-30- 2005,eff.9-15-2005) Council iv not aware of an.v such features; the proposed use should not result in damage of any such_features. D. Private Street Findings: 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 Direclorfinds that the proposed private street design meets the requirements. 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; and The Director finds that the proposed private streets would not cause damage, bazar d. or nuisance, or other detriment to persons,propert}; or uses in the vicinity if all conditions of approval are mel. 3. The use and location of the private street shall not conflict with the comprehensive plan and/or the regional transportation plan.(Ord.05-1170,8-30-2005,eff.9-15-2005) The Director finds the use and location of the private streets do not conflict with the comprehensive plan at-the regional transportation plan because the proposed design meets all requirements and the project is also extending the required public road through the site. 4. The proposed residential development(if applicable) is a mew or gated development. (Ord. 10-1463, 11-3-2010,eff. 11-8-2010) The Director finds the proposed residential development is a mew development by leaving a majority of the units facing green,space instead of the private street. Page 50 Page 261