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Mayor Tammy de Weerd City Council Members: Keith Bird Joe Berton Luke Cavener Genesis Milam Charlie Rountree David Zaremba TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To ensure that your comments and recommendations will be considered by the Meridian City Council please submit your comments and recommendations to Meridian City Hall Attn: Jaycee Holman, City Clerk, by: February 18, 2014 Transmittal Date: February 5, 2014 File No.: FP 14-006 Hearing Date: February 25, 2014 Request: Final Plat approval consisting of 16 single family residential building lots and 3 common/ other lots on 4.38 acres of land in an R-8 zoning district for Village at Cold Creek By: Hayden Homes Idaho, LLC Location of Property or Project: north side of W. Ustick Rd, approx 1/3 mile east of N. Ten Mile _Joe Marshall (No FP) _Scott Freeman (No FP) _Steven Yearsley (No FP) _Patrick Oliver (No FP) _Macy Miller (No FP) _Tammy de Weerd, Mayor _Charlie Rountree, C/C _Brad Hoaglun, C/C _Keith Bird, C/C _David Zaremba C/C —Sanitary Services (No VAR, vac, FP) —Building Department/ Rick Jackson _Fire Department _Police Department —City Attorney Community Development —City Planner _City Engineer _ Economic Dev. (CUP only) Parks Department Your Concise Remarks: _ Meridian School District (No FP) _Meridian Post Office (FP/PP/SHP only) _Ada County Highway District _Ada County Development Services _Central District Health _COMPASS (Comp Plan only) _Nampa Meridian Irrig. District Settlers Irrig. District _ Idaho Power Co. (FP,PP,CUPISHP only) _ Qwest (FP/PP/SHP only) _Intermountain Gas (FP/PP/SHP only) _ Idaho Transportation Dept. (No FP) _Ada County Ass. Land Records Downtown Projects'. _Meridian Development Corp. _Historical Preservation Comm. South of RR / SW Meridian: NW Pipeline —New York Irrigation District _ Boise=Kuna Irrigation District Boise Project Board of Control / Tim Page City Clerk's Office c 33 E. Broadway Avenue, Meridian, ID 83642 Phone 208-888-4433 < Fax 208-888.4218 • www.meridiancity.org Planning Department COMMISSION & COUNCIL REVIEW APPLICATION Type of Review Requested (check all that apply) ❑ Alternative Compliance ❑ Annexation and Zoning ❑ Comprehensive Plan Map Amendment ❑ Comprehensive Plan Text Amendment ❑ Conditional Use Permit STAFF USE ONLY: ❑ Conditional Use Permit Modification ❑ Design Review File number(s): ❑ Development Agreement Modification 13 Final Plat ,pp ❑ Final Plat Modification Project name: VIUAi E P I,aJi:,�/`A ClUelC ❑ Planned Unit Development Date filed: Date complete: ❑ Preliminary Plat FF t 171Private Street Assigned Planner:, ')71)4€7j. y�7j' f El Rezone/ files: 82-13((11'14 PP -13"02.3 ❑ Short plat ❑ Time Extension (Commission or Council) �b ❑ UDC Text Amendment Hearing dated I ❑ Commission ❑ Vacation (Council) t 1{ ❑ Variance Council ❑ Other Applicant Information Applicant name: Hayden Homes Idaho, LLC Phone: 208.995.1031 Fax: Applicant address: 2464 SW Glacier PI. Ste 110 Redmond, OR Zip: 97756 E-mail: bduffey@HaydemHomes.com Applicant's interest in property: M Own ❑ Rent ❑ Optioned ❑ Other Owner name: Hayden Homes Idaho, LLC Phone: 208.995.1031 Fax: Owner address: 2464 SW Glacier PI. Ste 110 Redmond, OR Zip, 97756 E-mail: bduffey@Hayden-Homes.mm Agent name (e.g., architect, engineer, developer, representative): Ross Erickson, P.E. Firm name: Erickson Civil, Inc. Phone: 208.846.8955 Fax: 208.846.8956 Address: 6213 N. Cloverdale Road, Ste 125 Boise, Idaho Zip: 83713 E-mail: ross@ericksonciviLcom Primary contact is: ❑ Applicant ❑ Owner ❑ Agent ® Other Engineer Contactname: Ross Erickson Phone: 208.846.8955 Fax: 208.846.8956 Contact address: 6213 N. Cloverdale Road, Ste 125 Boise, Idaho Zip: 83713 E-mail: ross@ericksonciviLcom Subject Property Information Location/street address: Ustick Road, Just west of Towerbridge Street - Meridian, Idaho 83646 Assessor's parcel runber(s): SO435346700 Township, range, section: TAN R.1 W Sec. 35 Current land use: Single Family Total acreage: 4.38 Current zoning district: R-8 33 E. Broadway Avenue. Suite 210 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: %"vw.meridiancity.mg I (Rev. 11129/11) Project Description Prgjccl/subdivision nurnc; Village at Cold Creek General description of proposed project/request: 16 building lot, 3 common lot, single family detached residential subdivision in an R-8 zone. Proposed zoning dnstricl(s), R-8 Acres of each zone proposed: 4.38 Type of use proposed (check all that apply); 8 Residential D Commercial ❑ Office 111 irdirstrial Cl Other Amenities provided with this development (if applicable): N/A -_ Who will own & maintain the pressurized irrigation system in this development? HOA Which Irrigation district does this property lie within', NMID - Delivered by Settler's Irrigation District Primary irrigation source: Surface water + Storage Pond Secondary; City Water Square footage of landscaped areas to be Irrigated (if pr(map or sekvndan paint or o,mPclina 4 ciq ,catmrr 15 364 SBFT Residential Project Summary (if applicable) Number of residential units: 16 Numbcr of building lots: 16 Number of common and/or other lots: 3 proposed number ofdweiling units (for mold -family developments only): I Bedroom: N/A 2 or more Bedrooms: N/A (Minimum sqUarC footage of auuoture(s) (excl. garage). 1,200 proposed building height; Per MCC li ininmun property size (s.f); 6,600 Average property sire (s.f.): 7,725 Gross density (DlJh,erc-loud land). 3'65 Net density (nufacro-miud,ng roads K allays? 5'03 percentage of open space provided: 7.89% Acreage of open space: 0.346 acres. Percentage ol'useable open space: 5.27% (See Chapter 3, Article G, for qualified open space) Type of open space provided in acres (i.e., Iandsecping, public, common, etc):�— P _ common lots, Landsra ed c .M_ Type ofdwelling(s) proposed: IR Single -fancily D'fownhomes D Duplexes D Mtllli-family Nom -residential Project Summary (if applieablc) Number of buriding Iols:_ _.__ _ Qlhar lots Gross floor area proposed: _ -.. Existing (if applicable) .-_.__._ .. Building height: perceiving c of stle/proiect devoted to the folloa4ng: Landscnping: -_-_ _. Building: _- _.-- --_-__ Paving: _---- 'total number of employees: _-- ._.. ,X-laxinuum number of employees in any one lime: -_ ...... Number and ages ol`students/children (if applicable): Seating capacity; 'total number of parIVhg £paces provided: --_— -- Number Number of compact spaces provided: _ Authorizalion print applicant nani( Applicant signature: Homes Idaho, LLC Date, I 4 •y,_ 33 L. Broadmoor Alv neo. Suite 210 • Meridian, Idaho 83642 Phone: (208)884-$533 . fuisindle: (2118)8884,854 • Wobsite: ,�ywv.meridianaity.urg 2 (Rm 11=21371) January 24, 2014 Honorable Mayor and City Council City of Meridian 33 E. Broadway Ave. Meridian, Idaho 83642 RE: Villas Village at Cold Creek Subdivision — Final Plat Application Dear Mayor and Council, As representative for Hayden Homes Idaho, LLC, we respectfully request that the City accepts the attached final plat application for the Village at Cold Creek Subdivision. The application includes a plat for 16 single family, detached building lots and 3 common lots with a total project density of 3.65 units per acre on a 4.38 acre parcel. The property is currently located within City limits and has an R-8 zoning designation with a development agreement. The final plat is prepared in substantial conformance with the approved preliminary plat, the development agreement, and meets all of the conditions of approval thereof. The enclosed application, plat, and construction plans have been prepared and submitted in accordance with the all requirements and provisions of the UDC and acceptable engineering, architectural and surveying practices and local standards. The project approvals that are currently in place for the development are RZ-13-009, PP -13-023 and the project development agreement. We look forward to working with you and your staff and request approval of this project. Please feel free to contact me at (208) 867-3954 with any questions or concerns Sincerely, EretSo Civil, Inc. '$ Rosilzricksdh, P—E'. Project Manager 6213 N. Cloverdale Road, Suite 125 Boise, Idaho 83713 7.208.846.8955, F.208.846.8956 Legal Description Hayden -Homes Ustick Property A parcel located in the SW "/a of Section 35, Township 4 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at a Brass Cap monument marking the southwest corner of said SW "/n, from which a 5/8 inch diameter iron pin marking the southeast corner of said SW "/d bears S 89°15'57" E a distance of 2643.50 feet; Thence S 89°15'57" E along the southerly boundary of said SW Y< a distance of 1622.31 feet to a 5/8 inch diameter iron pin and the POINT OF BEGINNING; Thence leaving said southerly boundary N 0°26'42" W a distance of 625.77 feet to a 5/8 inch diameter iron pin on the southerly right-of-way of Five Mile Creek; Thence along said southerly right-of-way S 62°13'25" E a distance of 433.35 feet to a 5/8 inch diameter iron pin on the westerly boundary of Primeland Subdivision as shown in Book 83 of Plats on Page 9085, records of Ada County, Idaho; Thence S 6003'09" W along said westerly boundary and the prolongation thereof a distance of 430.47 feet to a 5/8 inch diameter iron pin on the southerly boundary of said SW "%; Thence N 89015'57" W along said southerly boundary a distance of 333.20 feet to the POINT OF BEGINNING; This parcel contains 4.38 acres and is subject to any easements existing or in use. Clinton W. Hansen, PLS Land Solutions, PC July 12, 2013 ' ludo (� Land Surveyl, and <onsulOnp \O�pILAND 1ST�d A- I 4U) Hayden Homes — Ustick Job No. 13-45 0 O w _J z Z W H USTICK PROPERTY - EXHIBIT s 6 32s, F CRFFk\ 43335 � � 25 PRESCRIPTIVE USE EASEMENT ----------------------- 34W3516;2.31'3N 89'15'57" W BASIS OF BEARING W. USTICK ROAD 2643.50' .m 35 0 1/4 2 z Lan lutions 0 50 100 200 Land Surveying and Consulting 231 E. STH ST., STE. A MERIDIAN, ID 83642 (208)288-2040 (208)288-SS57W w .Janasolutfombfz AREA = S N 0 m d v=j N Z O [co Z CID 25 PRESCRIPTIVE USE EASEMENT ----------------------- 34W3516;2.31'3N 89'15'57" W BASIS OF BEARING W. USTICK ROAD 2643.50' .m 35 0 1/4 2 z Lan lutions 0 50 100 200 Land Surveying and Consulting 231 E. STH ST., STE. A MERIDIAN, ID 83642 (208)288-2040 (208)288-SS57W w .Janasolutfombfz Data and Deed Call Listing of File: Hayden Homes - Ustick Property Legal Description. des Tract 1: 4.382 Acres: 190879 Sq Feet: Closure= n83.1724e 0.01 Feet: Precision =1/363422: Perimeter =1823 Feet 001�n0.2642w 625.77 002=s62.1325e433.35 003=s6.0309w 430.47 004=n89.1557w 333.20 ELECTRONICALLY RECORDED • DO NOT ADA COUNTY RECORDER Christopher D. Rich AMOUNT 13.00 2 REMOVE THE COUNTY STAMPED FIRST BOISEIDAHO 06/14/2013 02:30PM PAGE AS IT IS NOW INCORPORATED AS DEPUTY Victoria Bailey stmpuale electronic pART OF THE ORIGINAL DOCUMENT. Reemdwq I IIIIII IBII VIII IIIIII IIIIII IIII VIII IIIIINIIII III IIID IIII IIII RECORDED-REQUEsr OF NOTARY PUBLIC ALLIANCE TITLE - BOISE PRODUCT 113066476 ©� WARRANTY DEED Alliance Title & Escrow Corp. Order NoA 95397 FOR VALUE RECEIVED Foothill Construction LLC, an Idaho Limited Liability Company the grantor(s), do(es) hereby grant, bargain, sell and convey unto Hayden Homes Idaho, LLC, an Idaho Limited Liability Company whose current address is 2464 SW Glacier Place, Suite 110, Redmond, OR 97756 the gramee(s), the following described premises, in Ada County, Idaho, TO WIT: Legal Description Exhibit "A" TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee, heirs and assigns forever. And the said Grantor does hereby covenant to and with the said Grantee(s), that (s)he is/are the owner(s) in fee simple of said premises; that they are free from all encumbrances Except: Current Year Taxes, conditions, covenants, restrictions, reservations, easements, rights and rights of way, apparent or of record. And that (s)he will warrant and defend the same from all lawful claims whatsoever. Dated this day of June, 2013. FOOTHILL CONSTRUCTION LLC DAVID T. OldAL, III B ZON AL as his Attorne In -Fact Q State of Idaho ) as. County of Ada) On this _1_;51h day of June, 2013, before me, the undersigned, a Notary Public in and for said state, personally appeared ZONA ONEAL, known or identified to me to be the person whose name is subscribed to the within instrument as Attorney-in-fact of DAVID T. ONEAL, III, member of Foothill Constructions LLC, and acknowledged to me that she subscribed the name of DAVID T. ONEAL, III, as principal and her own name as Attorney-in-fact. IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seat the day and year first above v,�ritten. DENNISE DAVIDSON ale O—� NOTARY PUBLIC Notary Public for the State of Idaho De wE DAN00 STATE OF IDAHO Residing at: Commission Expires: RESIDNO IN MERVAN. IDAHO My COWISSIDN EXPIRES ON 420016 EXHIBIT "A" 195397 A parcel of land being a portion of the Southeast quarter Southwest quarter of Section 35, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, and being more particularly described as follows: COMMENCING at the South quarter corner common to Section 35, Township 4 North, Range 1 West, and Section 2, Township 3 North, Range 1 West, thence along the South line of Section 35, North 89'43'15" West 1021.16 feet to a point, said point being the REAL POINT OF BEGINNING; thence leaving said South line of Section 35 North 00°54'00" West 625.77 feet to a point on the Southerly right-of-way of the Five Mile Drain; thence along Southerly right-of-way of the Five Mile Drain South 62°40'43" East 433.35 feet (formerly South 62°40'48" East 433.29 feet) to a point; thence leaving said Southerly right-of-way of the Five Mile Drain South 05°36'11" West 430.46 feet (formerly South 05°35'45" West 430.49 feet) to a point on the said South line of Section 35; thence along said South line of Section 35, North 89'43'15" West 333.16 feet to the POINT OF BEGINNING. AFFIDAVIT OF LEGAL II° TEREST STATE OF IDAHO COUNTY Or ADA t Hayden Homes, LLC (name) Redmond (city) being Fust duly sworn upon, oath, depose and say: 2464 SW Glacier PL. Ste. 110 OR 97756 (address) (stale) That I am the record owner of the properly described on the attached, and I grant my Permission to: Hayden Homes Idaho, LLC 2464 SW Glacier PL. Ste 110 Redmond, OR 97756 (name) (address) to submit the accompanying application(s) pertaining to that property. 2. I agree to indemnify, defend and hold the City of Meridian and its employees harmless from any claim or liability resulting from any dispute as to the statements contained herein oras to the ownership of the property which is the subject of the application. 3, 1 hereby grant permission to City of Meridian staff to enter the subject property for the purpose of site inspections related to processing said application(s). Dated this /l (lay of _ 20 /3 (Signature) SUBSCRIBED AND SWORN to before me the day and year first above written, f < j l .t80E8Btl8CYttYd.n (Noltluy Pubtic for Idaho) Residing at: as ho U y` My Commission Expires: >Y .< dlgY � r3 N lrnoeaf Htd N I i,l,-r lid IN Lind„r lid iLFtz,,. rHl Sky AV, (R] X13 G N 11 ' N r NW�rs<� nn tV.a'r ui �i M1}�1 •A,.�iW - z , e1 0 LU 4 G iiNill If011ry i1t1j� mC Ild;tOl t, t: f \, € S I.A... AvN q I'ktld.}131d' 9 Pu.,,,; Ale '(R] 311W N31 'N N1,11Mlelid Pf.l apW u41 i i rP on„€„lk A,o �aN�: ,-t6;n�e NHca�th Ave PI Ien Fddc lid ti1�1�"a"t Z i'A a r t R If' i tyi Meridian City Hall, Suite 102 r1 `" 33 E. Broadway Avenue Meridian, Idaho 83642 Community Development 208.887.2211 Department Date: 8/22/13 The parcel information below has been researched and verified as correct by the City of Meridian Community Development Department. Project Name: Village at Cold Creek Parcel Number: 50435346700 Zip Code: 83646 T/R/S: 4N 1W 35 Acres: 4.19 Property Owner: Hayden Homes Idaho, LLC 2464 SW Glacier PI. #110 Redmond, OR 97756 Address Verification Rev: 04/23/12 au 0saxn'x /� aXvarxnorosn y� uaslnfaena � $� X33tl'J OIO]1tl 3NVnIA F'OHVdl s31YOX N30 AtlH au 0saxn'x /� -s�52 s �'� AIR 16 " $ x A6g6 $� I � 5e $w5 2 3 C Ntl 311W N31N _ .0 N U ro � � O � a re -s�52 s �'� AIR 16 " $ zo 5e $w5 2 e ga C F 4§�R ces'9S3A3s �'_ c e envaa a�a Rs J i' N W 3 w^ V Z Y� Ul WF W� U �z0 a= �°o Fi- Qm} Wz g°0 56 0 W�'pM 0 F QQN �FQ OWE Fmk a=� F }LL N_ QU0 Zzm �0 �m w0 ma aQ Z F Q F m 7 LL 7)11=0 ZU m O jj v',L)wz wow wOOt JIO <N J'\l< Z w w Q 2 7� z <� O� L„Ozz T!1 J — of r Imsgwam ourumea � I r � J` L.Iset N AbM m Nd3tl0 NOObM 'H '� G� __SI'III—__ h / 41' rp 49 1956 �\ fi --r ../ p 'rhe eLL O A 0� h0 O pIJ R `may, .aoonl oa'esl 3 I � AtlM 3NO15AatlbIW 'N m � rp po so .80'99 NI 1e Nn .0jti d' rrz / / v i_. rZ N901a L_ $0'll m N Ll Z>ZI L99L 9 crc .fi0S1 I .1059 .059 IA ,Z4,9 .L39 0 N l m 3 � W O W � V = c3 o vi ° z O oI � z jOr �µrp JE oa Ng vii -Spy 0150 '� muw�< � N°wZ zF C rvfr� Spero M. 'LjQ i� Z° k rc TL S w �0� pw�ZO ±m WO ioz OF O �iFO w k O ib0< woo Foci p z U< Q Ln =F O r Z ° co 0ZO " {�/� ¢ O u 3 w o'o02 z _ � awr5 m O o o€ F u _ LU C O�� V u�� wOOd- n p7U O Q O W Q u Q wwg W Zw z�r. o iu 3 i xo d oca£ J I¢- < a W OZ F oy m m >g < 30 <oz o x °a �� p3 o Wa WO N o v. �6w NN0iwo foo e� L 'i`Z j N� °a wO I gi ¢� OE 0 r �3 WE -oz ' z w p Z o m >'� <4 ' 6fi, l -< Ul 3R z 30r G� ?ALL ¢ x ol u� z< z�s� " °o �o=. s ° was x z mz z z .w.., a ¢ o� - o 5 Emz U rt%gA 01 m LL h C � W W W V OCw zw° o4y`. .-Vio '^eros` 60O i� � J� U~p � r c z� O N OrOm p W � 0 S � 2 z m ozos w °0wo Q - vl vi � O m— W Zw O�� W Z Geo u Woos '^mu� O¢o �w4 uZ Q l=o0Lu zw i 60 Sq 0 6 o G W -r OZs� �o a p a � z w <_ e ej N_ ago€ 'o z w z LD oaEo J p�w V 0,0 ZZ z Z .<. _ i O w 5 M Ou C U a r r w w Q o owawo w wp� o °� o a° r J wzb- O °�� Oc zw Oc w :onm From: Kelly Woodworth <kwoodworth@adaweb.net> Sent: Thursday, January 23, 2014 2:47 PM To: Ross Erickson Subject: RE: Street Name Evaluation Hi Ross, I don't have any concerns with the name N Wagon Creek Way for this street segment. It will go before Street Naming Committee February 13`h for final approval. Thank you, Kellv Woodworth Assessor's Land Records Street Nanning & Addressing Direct: 208.287J2VS Fax: 20— 287-7219 From: Ross Erickson [mailto:ross@ericksoncivil ccm] Sent: Thursday, January 23, 2014 2:04 PM To: Kelly Woodworth Subject: RE: Street Name Evaluation Hi Kelly -- Please find the attached revised final plat showing N. Wagon Creek Way as discussed. Can you please forward me back an email indicating that this change is acceptable and indicate the date that it will be approved by the street name review committee. Thanks, RE Ross Erickson, PE Erickson Civil, Inc. fi71 t N J,:vridh d ; @d.'mit r 125 C20£; <V/ 18'14 From: Kelly Woodworth imailto:kwoodworthC:o adaweb.net] Sent: Thursday, January 23, 2014 12:26 PM To: Ross Erickson Subject: RE: Street Name Evaluation You're 1. out of 4. 1 think N Wagon Creek Way would work. The rest are existing. Kelly Woodworth Assessor's Land Records Street Naming 8,Addressing Direct: 208.287.7268 Fax: 208. 287.7219 From: Ross Erickson[mailto:rossCcbericksoncivil.com] Sent: Thursday, January 23, 2014 12:22 PM To: Kelly Woodworth Subject: RE: Street Name Evaluation 1 Hi Kelly— We just spoke about a street name to replace Cold Creek. How about: N. Currant Creek Way N. Rush Creek Way N. Timber Creek Way N. Wagon Creek Way Please let me know. Thanks, RE Ross Erickson, PE Erickson Civil, Inc. ?,?'3 11(:kw(v P 11,.R(i. h') W" r, n `INf CKi0 1C`J r"l From: Kelly Woodworth [mailto: kwoodworthCa)adaweb. net Sent: Friday, August 23, 2013 1:21 PM To: Ross Erickson Subject: RE: Street Name Evaluation Hi Ross, Here is the evaluation completed yesterday for The Village at Cold Creek. Kelly Woodworth Assessor's Land Records Street Noming F, Addres6ln� Direu� 208.287.7208 Fax: 205.257.7219 From: Ross Erickson [mailto:ross ericksoncivil.eom] Sent: Friday, August 09, 2013 3:39 PM To: Kelly Woodworth Subject: Street Name Evaluation Hi Kelly — Can you please do a preliminary street name evaluation for the attached residential sub in Meridian? Thanks, RE Ross Erickson, PE Erickson Civil, Inc b2i Roi Kx �Rr to R fI Onr PA L v C °a£ jpiq um pu _W s ip �1,3 •ERg �a $ 1 g 4NOSCAPE PIA S r 20 I rel=r(,rhX a� �Y g CP vtxn k �'F'fr gfY I z ��e�g53 gY� �— �]�vE BMSFS.NYiSTA ML Ii431 lltixi . 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, _: _e_ T Oz lM1,§\ e /> )IR f| { q. � AGENCY « m(1 -31- F7 - , _: _e_ T Oz lM1,§\ e _________________ __________________________________________________________e Parcel name: 31 L1• North: 717843.0347 Line Course: N 89-15-57 W North: 717845.3996 Line Course: N 52-23-46 W North: 717851.6297 Line Course: N 00-44-03 E North: 717872.4880 Line Course: S 44-15-57 E North: 717859.3402 Line Course: S 89-15-57 E North: 717858.6160 Line Course: S 89-15-57 E North: 717857.8472 Line Course: S 89-15-57 E North: 717857.0204 Line Course: S 06-03-09 W North: 717843.0387 East : 2446070.9312 Length: 184.56 East 2445886.3864 Length: 10.21 East 2445878.2975 Length: 20.86 East 2445878.5648 Length: 18.36 East 2445891.3799 Length: 56.52 East 2445947.8952 Length: 60.00 East 2446007.8903 Length: 64.53 • East 2446072.4150 Length: 14.06 East 2446070.9325 Perimeter: 429.10 Area: 2,767 sq. ft. 0.06 acres• Mapcheck Closure - (Uses listed courses, radii, and deltas)e Error Closure: 0.0042 Course: N 18-01-23 E• Error North: 0.00401 East : 0.00130 Precision 1: 102,166.67 • _______________________________________ ________-____• Parcel name: B1 L2• North: 717858.6124 Line Course: N 89-15-57 W North: 717859.3366 Line Course: N 44-15-57 W North: 717872.4843 Line Course: N 00-44-03 E North: 717950.5179 Line Course: N 50-37-49 E North: 717954.1907 Line Course; N 21-43-35 E North: 717967.8650 Line Course: S 89-15-57 E North: 717967.4368 Curve Length: 25.71 Delta: 26-18-15 Chord: 25.48 Course In: N 00-44-03 E RP North: 718023.4322 End North: 717972.9169 Line Course: S 25-34-12 E North: 717969.7507 Line Course: S 00-44-03 W North: 717858.6098 East 2445947.8924 Length: 56.52 East 2445691.3770 Length: 18.36 East 2445878.5619 Length: 76.04 East 2445879.5619 Length: 5.79 East 2445884.0379 Length: 14.72 East 2445889.4869 Length: 33.42 East 2445922.9042 Radius: 56.00 Tangent: 13.09 Course: N 77-34-55 E• Course Out: S 25-34-12 E• East : 2445923.6217 East : 2445947.7921 Length: 3.51 East : 2445949.3070 Length: 111.15 East : 2445947.8828 Perimeter: 347.23 Area: 7,405 sq. ft. 0.17 acres• Mapcheck Closure - (Uses listed courses, radii, and deltas)• Error Closure: 0.0099 Course: S 74-45-59 W Error North: -0.00259 East : -0.00952 Precision 1: 35,072.73 -------------------------------------------------------------------0 Parcel name: B1 L3• North: 717858.6124 Line Course: N 00-44-03 E North: 717969.7532 Line Course: N 25-34-12 W North: 717972.9195 Curve Length: 15.66 Delta: 16-01-12 Chord: 15.61 Course In: N 25-34-12 W RP North: 718023.4348 End North: 717981.5516 Line Course: S 83-56-51 E North: 717976.3987 Line Course: S 00-44-03 W North: 717857.8385 Line Course: N 89-15-57 W North: 717858.6073 East : 2445947.8924 Length: 111.15 East 2445949.3166 Length: 3.51 East 2445947.8016 Radius: 56.00 Tangent: 7.88 Course: N 56-25-12 E• Course Out: S 41-35-24 E• East 2445923.6312 East 2445960.8038 Length: 48.87 East 2446009.4014 Length: 118.57 East 2446007.8821 Length: 60.00 East 2445947.8870 Perimeter: 357.76 Area: 7,229 sq. ft. 0.17 acres• Mapcheck Closure - (Uses listed courses, radii, and deltas)• Error Closure: 0.0074 Course: S 46-12-55 W Error North: -0.00510 East : -0.00533 Precision 1: 48,345.95 ----- -------------------------• Parcel name: Bl L4• • North: 717857.8437 Line Course: N 00-44-03 E North: 717976.4039 Line Course: N 83-56-51 W North: 717981.5568 Curve Length: 15.05 Delta: 15-23-36 Chord: 15.00 Course In: N 41-35-24 W RP North: 718023.4399 End North: 717992.9265 Line Course: S 83-56-51 E North: 717980.7387 Line Course: S 06-03-09 W North: 717857.0222 Line Course: N 89-15-57 W North: 717857.8491 East : 2446007.8874 Length: 118.57 East 2446009.4067 Length: 48.87 East 2445960.8091 Radius: 56.00 Tangent: 7.57 Course: N 40-42-48 E• Course Out: S 56-59-00 E• East 2445923.6366 East 2445970.5932 Length: 115.59 East 2446085.5389 Length: 124.41 East 2446072.4212 Length: 64.53 East 2446007.8964 Perimeter: 487.02 Area: 9,516 sq. ft. 0.22 acres• Y Mapcheck Closure - (Uses listed courses, radii, and deltas)• Error Closure: 0.0105 Course: N 59-03-48 E• Error North: 0.00540 East : 0.00902 Precision 1: 46,362.86 ------ ----- - - ---° Parcel name: B1 L5• North: 717980.7358 Line Course: N 83-56-51 W North: 717992.9236 Curve Length: 26.35 Delta: 26-57-51 Chord: 26.11 Course In: N 56-59-00 W RP North: 718023.4371 East : 2446085.5316 Length: 115.59 East : 2445970.5859 Radius: 56.00 Tangent: 13.43 Course: N 19-32-05 E• Course Out: S 83-56-51 E• East : 2445923.6292 End North: 718017.5324 East 2445979.3171 Line Course: N 06-03-09 E Length: 34.61 North: 718051.9495 East 2445982.9663 Line Course: S 83-56-51 E Length: 109.50 North: 718040.4039 East 2446091.8560 Line Course: S 06-03-09 W Length: 60.00 North: 717980.7383 East 2446085.5296 Perimeter: 346.05 Area: 6,620 sq. ft. 0.15 acres• Mapcheck Closure - (Uses listed courses, radii, and deltas)• Error Closure: 0.0032 Course: N 38-55-35 W• Error North: 0.00248 East : -0.00201 Precision 1: 108,140.63 --------- -- ------------- - --------- ---------------------------------- ° Parcel name: B1 L6• • North: 718040.4014 East : 2446091.8579 Line Course: N 83-56-51 W Length: 109.50 North: 718051.9470 East 2445982.9683 Line Course: N 06-03-09 E Length: 60.00 North: 718111.6126 East 2445989.2946 Line Course: S 83-56-51 E Length: 109.50 North: 718100.0669 East 2446098.1843 Line Course: S 06-03-09 W Length: 60.00 North: 718040.4014 East 2446091.8579 Perimeter: 339.00 Area: 6,570 sq. ft. 0.15 acres• Mapcheck Closure - (Uses listed courses, radii, and deltas)• Error Closure: 0.0000 Course: S 90-00-00 E• Error North: 0.00000 East : 0.00000 Precision 1: 339,000,000.00 e ---------------------------------------------------------------------------• Parcel name: B1 L7• North: 718100.0669 East : 2446098.1842 Line Course: N 83-56-51 W Length: 109.50 North: 718111.6126 East 2445989.2946 Line Course: N 06-03-09 E Length: 6.86 North: 718118.4343 East 2445990.0179 Curve Length: 41.10 Radius: 60.00 Delta: 39-15-08 Tangent: 21.40 Chord: 40.31 Course: N 13-34-26 W Course In: N 83-56-52 W Course Out: N 56-48-00 E• RP North: 718124.7604 East 2445930.3523 End North: 718157.6142 East 2445980.5582 Line Course: N 56-49-49 E Length: 24.01 North: 718170.7506 East 2446000.6558 Line Course: S 83-56-51 E Length; 104.44 North: 718159.7385 East 2446104.5136 Line Course: S 06-03-09 W Length: 60.00 North: 718100.0729 East : 2446098.1873 • Perimeter: 345.91 Area: 6,797 sq. £t. 0.16 acres• Mapcheck Closure - (Uses listed courses, radii, and deltas)• Error Closure: 0.0067 Course: N 27-10-41 E• Error North: 0.00600 East : 0.00308 Precision 1: 51,628.36 • ---------------------------------------------------------------------------• • Parcel name: B1 L80 • North: 718157.6105 East : 2445980.5575 Line Course: N 56-49-49 E Length: 24.01 North: 718170.7468 East 2446000.6552 Line Course: S 83-56-51 E Length: 104.44 North: 718159.7347 East 2446104.5130 Line Course: N 06-03-09 E Length: 61.78 North: 718221.1703 East 2446111.0271 Line Course: N 62-13-25 W Length: 115.13 North: 718274.8234 East 2446009.1631 Line Course: S 27-46-35 W Length: 109.50 North: 718177.9408 East 2445956.1337 Curve Length: 30.60 Radius: 60.00 Delta: 29-13-02 Tangent: 15.64 Chord: 30.27 Course: S 47-48-31 E• Course In: S 27-34-58 W Course Out: N 56-48-00 Be RP North: 718124.7602 East 2445930.3519 End North: 718157.6140 East 2445980.5578 Perimeter: 445.45 Area: 11,311 sq. ft. 0.26 acres• Mapcheck Closure - (Uses listed courses, radii, and deltas)* Error Closure: 0.0036 Course: N 04-27-21 Be Error North: 0.00356 East : 0.00028 Precision 1: 123,738.89 s _____________________________________ ______________________________________ • Parcel name: B1 L9• • North: 718274.8203 East : 2446009.1624 Line Course: S 27-46-35 W Length: 109.50 North: 718177.9376 East 2445958.1330 Line Course: N 62-13-25 W Length: 65.00 North: 718208.2290 East 2445900.6227 Line Course: N 27-46-35 E Length: 109.50 North: 718305.1117 East 2445951.6522 Line Course: S 62-13-25 E Length: 65.00 North: 718274.8203 East 2446009.1624 Line Course: S 63-26-06 W Length: 0.00 North: 718274.8203 East 2446009.1624 Perimeter: 349.00 Area: 7,117 sq. ft. 0.16 acres* Mapcheck Closure - (Uses listed courses, radii, and deltas)• Error Closure: 0.0000 Course: S 90-00-00 Be Error North: 0.00000 East : 0.00000 Precision 1: 349,000,000.00 --------------------------------------------------------------------------- Parcel name: B1 L10• North: 718305.1116 East : 2445951.6521 Line Course: S 27-46-35 W Length: 109.50 North: 718208.2290 East : 2445900.6227 Line Course: N 62-13-25 W Length: 65.00 North: 718238.5204 East 2445843.1124 Line Course: N 27-46-35 E Length: 109.50 North: 718335.4030 East : 2445894.1419 Line Course: S 62-13-25 E Length: 65.00 North: 718305.1116 East : 2445951.6521 Perimeter: 349.00 Area: 7,117 sq. ft. 0.16 acres* • Mapcheck Closure - (Uses listed courses, radii, and deltas)• Error Closure: 0.0000 Course: S 90-00-00 Be Error North: 0.00000 East : 0.00000 Precision 1: 349,000,000.00 ---------------------------------------------------------------• Parcel name: Bl L11• North: 718335.4030 Line Course: S 27-46-35 W North: 718238.5203 Line Course: N 62-13-25 W North: 718268.8117 Line Course: N 27-46-35 E North: 718365.6944 Line Course: S 62-13-25 E North: 718335.4030 Line Course: S 29-44-42 W North: 718335.4030 East : 2445894.1418 Length: 109.50 East 2445843.1124 Length: 65.00 East 2445785.6022 Length: 109.50 East 2445836.6316 Length: 65.00 East 2445894.1418 Length: 0.00 East 2445894.1418 Perimeter: 349.00 Area: 7,117 sq. ft. 0.16 acres• Mapcheck Closure - (Uses listed courses, radii, and deltas)• Error Closure: 0.0000 Course: S 90-00-00 E• Error North: 0.00000 East : 0.00000 Precision 1: 349,000,000.00 --------------------------------------------------------------------• Parcel name: B1 L12• North: 718365.6943 Line Course: S 27-46-35 W North: 718268.8117 Line Course: N 62-13-25 W North: 718298.8514 Line Course: N 00-26-42 W North: 718423.1177 Line Course: S 62-13-25 E North: 718365.6945 East : 2445836.6315 Length: 109.50 East 2445785.6021 Length: 64.46 East 2445728.5696 Length: 124.27 East 2445727.6045 Length: 123.22 East 2445836.6262 Perimeter: 421.45 Area: 10,275 sq. ft. 0.24 acres• e Mapcheck Closure - (Uses listed courses, radii, and deltas)• Error Closure: 0.0053 Course: N 88-28-39 W Error North: 0.00014 East : -0.00531 Precision 1: 79,518.87 --------- - ----- --------------- - -------------------------------- ------ Parcel name: B2 L1• North: 717847.3764 Line Course: N 00-26-42 W North: 717861.3760 Line Course: S 89-15-57 E North: 717860.2684 Line Course: N 45-44-03 E North: 717873.0974 Line Course: S 00-44-03 W North: 717852.2191 Line Course: S 53-51-51 W North: 717846.1983 Line Course: N 89-15-57 W North: 717847.3640 e East : 2445732.0803 Length: 14.00 East 2445731.9715 Length; 86.44 East 2445818.4045 Length: 18.38 • East 2445831.5665 Length: 20.88 East 2445831.2990 Length: 10.21 East 2445823.0532 Length: 90.98 East 2445732.0807 Perimeter: 240.89 Area: 1,450 sq. ft. 0.03 acres• Mapcheck Closure - (Uses listed courses, radii, and deltas)• Error Closure: 0.0124 Course: S 01-43-04 E• Error North: -0.01236 East : 0.00037 Precision 1: 19,426.61 e ----- --------- • Parcel name: B2 L2• • North: 717861.3789 East : 2445731.9715 Line Course: N 00-26-42 W Length: 74.02 North: 717935.3967 East 2445731.3966 Line Course: S 89-15-57 E Length: 100.96 North: 717934.1031 East 2445832.3483 Line Course: S 00-44-03 W Length: 61.00 North: 717873.1081 East 2445831.5667 Line Course: S 45-44-03 W Length: 18.38 North: 717860.2791 East 2445818.4046 Line Course: N 89-15-57 W Length: 86.44 North: 717861.3866 East 2445731.9717 a Perimeter: 340.80 Area: 7,330 sq. ft. 0.17 acres• Mapcheck Closure - (Uses listed courses, radii, and deltas)• Error Closure: 0.0077 Course: N 01-41-12 E• Error North: 0.00770 East : 0.00023 Precision 1: 44,259.74 ----------------------------------------------------------- -- ------ ° 0 Parcel name: B2 L3• North: 717935.3924 East : 2445731.3965 Line Course: N 00-26-42 W Length: 65.01 North: 718000.4004 East 2445730.8916 Line Course: S 89-15-57 E Length: 102.30 North: 717999.0896 East 2445833.1832 Line Course: S 00-44-03 W Length: 65.00 North: 717934.0950 East 2445832.3504 Line Course: N 89-15-57 W Length: 100.96 North: 717935.3886 East 2445731.3987 • Perimeter: 333.28 Area: 6,606 sq. ft. 0.15 acres• Mapcheck Closure - (Uses listed courses, radii, and deltas)• Error Closure: 0.0043 Course: S 29-10-12 E• Error North: -0.00379 East : 0.00212 Precision 1: 77,504.65 a -------------------------------------------------------- Parcel name: B2 L4• a North: 718000.4042 East : 2445730.8915 Line Course: N 00-26-42 W Length: 65.01 North: 718065.4122 East : 2445730.3866 Line Course: S 89-15-57 E Length: 103.64 North: 718064.0843 East : 2445834.0181 Line Course: S 00-44-03 W Length: 65.00 North: 717999.0896 East 2445833.1852 Line Course: N 89-15-57 W Length: 102.30 • North: 718000.4004 East 2445730.8936 • e Perimeter: 335.95 Area: 6,693 sq. ft. 0.15 acres• Mapcheck Closure - (Uses listed courses, radii, and deltas)• Error Closure: 0.0043 Course: S 29-10-12 E• Error North: -0.00379 East : 0.00212 Precision 1: 78,127.91 • ---___-____ __-____ • Parcel name: 32 L5• North: 718065.4160 East 2445730.3865 Line Course: N 00-26-42 W Length: 65.01 North: 718130.4240 East 2445729.8816 Line Course: S 89-15-57 E Length: 105.30 North: 718129.0748 East 2445835.1729 Curve Length: 8.93 Radius: 123.50 Delta: 4-08-34 Tangent: 4.47 Chord: 8.93 Course: S 02-48-20 W Course In: S 85-07-23 E Course Out: N 89-15-57 W RP North: 718118.5753 East 2445958.2258 End North: 718120.1578 East 2445834.7359 Line Course: S 00-44-03 W Length: 56.08 North: 718064.0824 East 2445834.0174 Line Course: N 89-15-57 W Length: 103.64 North: 718065.4103 East 2445730.3859 Line Course: S 90-00-00 E Length: 0.00 North: 718065.4103 East 2445730.3859 Perimeter: 338.96 Area: 6,781 sq. ft. 0.16 acres• Mapcheck closure - (Uses listed courses, radii, and deltas)• Error Closure: 0.0057 Course: S 06-00-41 W Error North: -0.00566 East : -0.00060 Precision 1: 59,466.67 ------------ ----- Parcel name: B2 L6• North: 718130.4278 East 2445729.8814 Line Course: N 00-26-42 W Length: 115.09 North: 718245.5143 East 2445728.9876 Line Course: S 62-13-25 E Length: 130.68 North: 718184.6146 East 2445844.6097 Line Course: S 27-46-35 W Length: 7.58 North: 718177.9080 East 2445841.0773 Line Course: S 18-48-13 E Length: 11.27 North: 718167.2395 East 2445844.7099 Curve Length: 39.50 Radius: 123.50 Delta: 18-19-24 Tangent: 19.92 Chord: 39.33 Course: S 14-02-19 W Course In: S 66-47-59 E Course Out: N 85-07-23 W RP North: 718118.5871 East 2445958.2229 End North: 718129.0866 East 2445835.1700 Line Course: N 89-15-57 W Length: 105.30 North: 718130.4358 East 2445729.8786 Perimeter: 409.42 Area: 9,568 sq. ft. 0.22 acres• Mapcheck Closure - (Uses listed courses, radii, and deltas)• Error Closure: 0.0085 Course: N 19-19-51 W Error North: 0.00801 East : -0.00281 Precision 1: 48,167.06 ____-__ __--__ -e Parcel name: B3 L1• • North: 718005.4382 East : 2445923.4008 Line Course: N 89-15-57 W Length: 30.13 North: 718005.8243 Curve Length: 6.37 Delta: 20-16-45 Chord: 6.34 Course In: N 00-44-03 E RP North: 718023.8228 End North: 718007.0198 Line Course: N 18-24-38 W North: 718020.6923 Line Course: N 00-35-39 E North: 718024.8321 Line Course: N 26-10-09 W North: 718028.8529 Line Course: N 00-44-03 E North: 718119.5654 Curve Length: 27.87 Delta: 20-52-17 Chord: 27.71 Course In: S 89-15-57 E RP North: 718118.5852 End North: 718146.7536 Line Course: S 88-31-31 E North: 718146.4636 Line Course: N 27-03-34 E North: 718158.6728 Line Course: S 62-13-25 E North: 718138.6851 Curve Length: 21.45 Delta: 68-16-34 Chord: 20.20 Course In: S 27-46-35 W RP North: 718122.7592 End North: 718120.8613 Line Course: S 06-03-09 W North: 718021.5480 Curve Length: 26.60 Delta: 84-40-54 Chord: 24.25 Course In: N 83-56-51 W RP North: 718023.4459 End North: 718005.4474 East : 2445893.2733 Radius: 18.00 Tangent: 3.22 Course: N 79-07-35 W• Course Out: S 21-00-48 W• East : 2445893.5039 East : 2445887.0494 Length: 14.41 East : 2445882.4984 Length: 4.14 East : 2445882.5413 Length: 4.48 East 2445880.5655 Length: 90.72 East 2445881.7279 Radius: 76.50 Tangent: 14.09 Course: N 11-10-11 E• Course Out: N 68-23-40 W• East : 2445958.2217 East : 2445887.0965 Length: 11.27 East : 2445898.3628 Length: 13.71 East : 2445904.5996 Length: 42.89 East : 2445942.5476 Radius: 18.00 Tangent: 12.20 Course: S 28-05-08 E• Course Out: S 83-56-51 E• East 2445934.1592 East 2445952.0588 Length: 99.87 East 2445941.5286 Radius: 18.00 Tangent: 16.40 Course: S 48-23-36 W Course Out: S 00-44-03 W East 2445923.6289 East 2445923.3983 Perimeter: 393.90 Area: 9,106 sq. ft. 0.21 acres• Mapcheck Closure - (Uses listed courses, radii, and deltas)• Error Closure: 0.0095 Course: N 15-32-13 W Error North: 0.00920 East : -0.00256 Precision 1: 41,464.21 --------------------------------------------------------------------------- Parcel name: VCC Bdry1• North: 717847.3764 Line Course: N 00-26-42 W North: 718423.1190 Line Course: S 62-13-25 E North: 718221.1684 Line Course: S 06-03-09 W North: 717843.0380 Line Course: N 89-15-57 W North: 717847.3802 East 2445732.0803 Length: 575.76 East 2445727.6086 Length: 433.35 East 2446111.0250 Length: 380.25 East 2446070.9315 Length: 338.88 East 2445732.0794 Perimeter: 1728.24 Area: 174,075 sq. ft. 4.00 acres• Mapcheck Closure - (Uses listed courses, radii, and deltas)• Error Closure: 0.0039 Course: N 13-48-10 W Error North: 0.00376 East : -0.00092 Precision 1: 443.138.46 ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 41 BOISE IDAHO 01/30/14 09:47 AM DEPUTY Lisa Ball RECORDED- REQUEST OF IIIIIIIiIIIIIIIIIIIIIIIIIIIIIIIIIII Meridian City 114007669 DEVELOPMENT AGRF,EMENT PARTIES: 1. City of Meridian 2, Hayden Homes Idaho, LLC, Owner/Developer J'H!S DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this. 015 -' day of -A-,A 2014, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called CITY, and Hayden Homes Idaho, LLC, whose address is 2464 S.W. Glacier Place, Ste, 110, Redmond, Oregon97756 hereinafter called O WNER/DEVELOPER. RECITALS: 1.1 WHEREAS, Owner is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A" for each owner, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property; and 1.2 WHEREAS, Idaho Code § 67-6511 A provides that cities may, by ordinance, require or permit as a condition of re -zoning that the Owner/Developer make a written commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section I1 -5I3-3 of the Unified Development Code ("UDC"), which authorizes development agreements upon the annexation and/or re-zon ng of land; and 1.4 WHEREAS, Owner/Developer has submitted an application for annexation and zoning of the Property described in Exhibit "A", requesting a designation of Light Industrial District (I -L District) under the UDC and generally describing how the Property will be developed and what improvements will be made; and 1.5 WHEREAS, Owner/Developer made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the subject Property will be developed and what improvements will be made; and DEVELOPMENTAGREEMENT-VILIrkoBArCOLD Ctrr_r-.KSuuDIVIVONI(RZ13-009) PAGE IOF8 1.6 WHEREAS, the record of the proceedings for the requested annexation and zoning designation of the subject Property held before the Planning & Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and conmrent; and 1.7 WHEREAS, City Council, the 261' day of November, 2013, the Meridian City Council approved certain Findings of Fact and Conclusions of Law and Decision and Order ("Findings"), which have been incorporated into this Agreement and attached as Exhibit "B'; and L8 WHEREAS, the Findings require the Owner/Developer to enter into a Development Agreement before the City Council takes final action on annexation and zoning designation; and 1.9 WHEREAS, Owner/Developer deem it to be in their best interest to be able to enter into this Agreement and aclmowledges that this Agreement was entered into voluntarily and at their urging and requests; 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 re -zoning designation is in accordance with the amended Comprehensive PIan of the City of Meridian on April 19, 2011, Resolution No. 11-784, and the Zoning and Development Ordinances codified in Meridian Unified Development Code, Title 11. 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 ofthe state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho 83642. DEVELOPMENT AGREEMENT— VILI.AOF, AT COLD CREEK SUBDIVISION (RZ 13-009) PAGE 2 OF 8 3.2 OWNER/DEVELOPER: means and Hayden Homes Idaho, LLC, whose address is 2464 S.W. Glacier Place, Ste. 110, Redmond, OR 97756, the party that is developing said Property and shall include any subsequent owner/developer(s) of the Property. 3.3 PROPERTY: means and refers to that ecrtainpareel(s) of Property located in the County of Ada, City of Meridian as described in Exhibit "A" describing the parcels to be re -zoned R-8 (Medium Density Residential District) attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right to develop the Property in accordance with the terms and conditions of this Agreement. 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under City's Zoning Ordinance codified at Meridian Unified Development Code. 4.2 No change in the uses speeifi6d in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5,1. Owner/Developer shall develop the Property in accordance with the following special conditions: 5,1.1 Direct lot access to W. Ustick Road is prohibited in accord with UDC 11-3A- 3. 5,1.2 The subject properly shall develop consistent with the preliminaryplat shown in Exhibit "C". 5.1.3 Future structures constructed onthe site shall be generally consistent with the conceptual elevations included in Exhibit "D". The rear (or side) of the structures on Lots 2, 3, and 4, Block 1 and Lot 2, Block 2 adjacent to Ustick Road shall incorporate articulation through changes in materials, color, modulation, and architectural elements (horizontal and vertical) to break up monotonous wall planes and roof lines in accord with UDC l l -3A-19 and the Design Manual. 6. COMPLIANCE PERIOD This Agreement must be fully executed within two (2) years after the date of the Findings for the annexation and zoning or it is null and void. 7. DEFAULT/CONSENT TO DE -ANNEXATION AND REVERSAL OF ZONING DESIGNATION: DEVELOPMENT AGREEMENT— VILLAGE AT Coto CREEK SUBDIVISION (RZ 13-009) PAGE 3 OF 8 7.1 Acts of Default. In the event Owner/Developer, or Owner's/Developer's heirs, successors, assigns, or subsequent owners of the Property or any other person acquiring an interest in the Property, fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the Property, this Agreement may be terminated by the City upon compliance with the requirements of the Zoning Ordinance, 7.2 Notice and Cure Period. In the event of Owner/Developer's default of this Agreement, Owner/Developer shall have thirty (30) days from receipt of written notice from City to initiate commencement of action to correct the breach and cure the default, which 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) dayperiod, 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 as described in Section 7.2, Owner/Developer shall be deemedto have consented to modification of this Agreement and de -annexation and reversal of the zoning designations described herein, solely against the offending portion of Property and upon City's compliance with all applicable laws, ordinances and rules, including any applicable provisions of Idaho Code § § 67-6509 and 67-6511. Owner/Developer reserves all rights to contest whether a default has occurred. This Agreement shall be enforceable in the Fourth Judicial District Court in Ada County by either City or Owner/Developer, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 7.4 Delay. In the event the performance of any covenant to be performed hereunder by either Owner/Developer or City is delayed for causes that are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 7.5 Waiver. A waiver by City of any default by 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. DEVELOPMENT AGREEMENT -VILLAGE AT COLD CREEK SUBDIVISION (RZ 13-009) PAGE 4 OF S 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. REQUIRE, ME NT FOR RECORDATION: City shall record eitheramemorandum of this Agreement or 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 Meridian City Code §11-5-C, to insure that installation of the improvements, which the Owner/Developer agrees 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. 13. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agree to abide by all ordinances of the City of Meridian and the Property shall be subject to de-annexationiftheowner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 14, NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certifiedmail, postage prepaid, return receipt requested, addressed as follows: CITY: City Clerk City of Meridian 33 E. Broadway Ave, Meridian, Idaho 83642 OWNER/DEVELOPER: DEVELOPMENT AGREEMENT— VILLAGE AT Corn CREEK SUBDIVISION (RZ 13-009) PAGE 5 OF 8 Hayden Homes Idaho, LLC 2464 S. W. Glacier Place, Ste. 110 Redmond, OR 97756 with copy to: City Attorney City of Meridian 33 E. Broadway Avenue Meridian, ID 83642 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 Coma 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 perforin 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 of the Property, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of 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 has fully performed its obligations under this Agreement. 18. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided, eachparty Shall act reasonably in giving any consent, approval, or taking any other action under this Agreement, DEVELOPMENT AGREEMENT -VILLAGE A•r COLD CREEK SUBDIVISION (RZ 13-009) PAGE 6 OF 8 20. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owver/Developer and City relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owner/Developer and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. 20.1 No condition governing the uses and/or conditions governing re -zoning ofthe subject Property herein provided for can be modified or amended without the approval 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. 21. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk ACKNOWLEDGMENTS IN WPINESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNEWDEVELOPER: Hayden Ilornes Idaho, LLC Ey CITY OF MERIDIAN Fay: Mayor Tam e Weerd ATTEST: J II Jay ea LHolman, City Clerk DEVELOPMENTAGREEMENT—V[c.LAGEArCON)CRE.EKSUBDIVISION (R713-009) PAGH70H8 STATE OF IDAHO ) ss: County of Ada, ) On this''y of 201'4, before me, the undersigned, a Notary Public in and for said State, personally appeared 1,' . _ _._, known or identified to me to be theT„ of Hayden Homes Idaho,L.LC, and acknowledged to me that she executed the same on behalf of said Limited Liability Company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) \<<. ,f — Notary Public for Idaho ` Residing My Commission Expires:. i STATE, OF IDAHO ) ss County of Ada ) I-� On this day of N 0 vgpl/ _ , 2014, before me, a Notary Public, personally appeared Tammy de Weerd and Jaycee . Holman, know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set try hand and affixed my official seal the day and year in this certificate first above written. f _�_`. (SEAL) Nbiary Public for, daho Residingat:Commission expires: _.;ICLI o DEVELOPMENT AGREEMENT -- VIL6AOE ATCotD CREEK SUBDIVISION (RZ 13-009) PAGE 8 OF 8 Legal Description Rezone L-i2ga Ge. cri tp jon Hayden -Homes Ustjck Property A parcel located in the SW Y, of Section 35, Township 4 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at a Brass Cap monument marking the southwest corner of said SW Ye, from which a 5/8 inch diameter iron pin marking the southeast corner of said 8W Y bears S 89015'57" E a distance of 2643,50 feet; Thence S 89°15'57" E along the southerly boundary of said SW y a distance of 1622.31 feet to a 5/6 inch diameter iron pin and the Paw OF BEGINNING; Thence leaving said southerly boundary N 002G42" W a distance of 625.77 fast to a 518 inch diameter Iron pin on the southerly rightwf-way of Five Mile Creek; Thence along said southerly right-of-way S 62°13'25" E a distance of 433.35 feet to a 5/8 inch diameter iron pin on the westerly boundary of Prlmeland Subdivision as shown in Book 83 of Plats on Page 9085, records of Ada County, Idaho; Thence S 6°03'09" W along sald westerly boundary and the prolongation thereof a distance of 430.47 feet to a 5/8 inch diameter Iron pin on the southerly boundary of said SW Yn; Thence N 89°15'57" W along said southerly boundary a distance of 333.20 feet to the POINT OF BEGINNING; This parcel contains 4.38 acres and is subject to any easements existing or In use Clinton W. Hansen, PLS oar uANp Land Solutions, PC 9 �s July 12, 2013 ey a W �.iJ1'3; �'t!`fit li(: �li 951u Haydan Homoso.0 Job N0. 13.453�b5 Village at Cold Creek Subdivision RZ43-009; PP -13-023 Exhibit B CITY OF D MERIDIAN FINDINGS FINDINGS OF FACT, CONCLUSIONS OF. C VFT I I r> AND IDAHO DECISION & ORDER In the Matter of the Request for Rezone of 4.38 Acres of Land from the R-4 to the R-8 Zoning District; and Preliminary Plat for The Village at Cold Creek Subdivision Consisting of Sixteen (16) Single-Fandly Residential Detached Building Lots and Three (3) Common/Other Lots, Located on the North Side of W. Ustick Road, Approximately '/4 Mile East of N. Ten Mile Road, by Hayden Homes Idaho, LLC. Case No(s). RZ-13-009; PP -13-023 For the City Council Hearing Date of, November 6, 2013 (Findings on November 26, 2013) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of November 6, 2013, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of November 6, 2013, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of November 6, 2013, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of November 6, 2013, incorporated by reference) B• Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (LC. §67-6503). 2. The Meridian City Council takes Judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps. 3 • The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A• 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed, CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-13-009; PP -13-023 '1- 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the CIerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice, 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of November 6, 2013, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11 -SA and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. Tho applicant's request for a rezone is hereby approved with the requirement of a development agreement per provisions in the attached Staff Report for the hearing date of November 6, 2013, attached as Exhibit A, 2. The applicant's request for preliminary plat is hereby conditionally approved per the conditions of approval in the attached Staff Report for the hearing date of November 6, 2013, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two (2) years of the approval of the preliminary plat or the combined preliminary and final plat or short plat (UDC 11-613-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two (2) years, may be considered for final approval without resubmission for preliminary plat approval (UDC 11-613-711), Upon written request and filed by the applicant prior to the tormination of the period in accord with 11 -6B -7.A, the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two (2) years. Additional time extensions up to two (2) years as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11, If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again (UDC 11- 6B -7C). Notice of Two (2) Year Development Agreement Duration The development agreement shall be signed by the property owner and returned to the City within two (2) years of the City Council granting annexation and/or rezone (UDC 11 -5B -3D), CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S), RZ-13-009; PP -13-023 .2. A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the City if filed prior to the end of the two (2) year approval period (UDC 11-513-3F). E, Notice of Final Action and Right to Regulatory Takings Analysis 1, The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty=eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of November 6, 2013 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-13-009; FP -13.023 -3. By action of the City Council at its regular meeting held on the 2013, COUNCIL PRESIDENT BRAD HOAGLUN COUNCIL VICE PRESIDENT CHARLIE ROUNTREE COUNCIL MEMBER DAVID ZAREMEA 2�' dayof VOTED_ -U6 VOTED h1LA-- VOTED LA/'MR-f1— COUNCIL MEMBER KEITH BIRD VOTED MAYOR TAMMY de WEERD VOTED (TIE BREAKER) ------. Mayor T�rirr -de Weed Attest: Jaycee Hal Cna , City C erk Copy served upon Applicant, The PlarBfing Dejiarhncut, Public Works Department and City Attorney. _... 13 : d Dated: (� City Cle k' ffice -- CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S), RZ-13-009; PP -13-023 -4- STAFF REPORT TO: FROM: SUBJECT: EXHIBIT A Hearing Date: November 6, 20I3 Mayor & City Council Sonya Watters, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 The Village at Cold Creek Subdivision - RZ-13-009; PP -13-023 I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The property owner/applicant, Hayden Homes Idaho, LLC, has applied for a rezone (RZ) of 4.38 acres of land from the R-4 to the R-8 zoning district; and apreliminary plat (PP) consisting of 16 single-family residential detached building lots and 3 common/other lots for The Village at Cold Creek Subdivision. See Section IX of the staff report for more information. Ii. SUMMARY RECOMMENDATION Staff recommends approval of the proposed RZ and PP applications in accord with the conditions of approval in Exhibit B and the Findings of Fact and Conclusions of Law in Exhibit D. reguests. a. b. C. Summary of Commission Public hearing: i. In favor: Ross Erickson. Applicant's Representative ii. In opposition: No iii. Commenting: John Schafer d. Outstanding Issue(s) for City Council: i. None 1 L':. l 1. . .1._.. 4 C 1. 'J 1": 1 ,. 4! .I.:: .! 1... ].;: I . _Kc• 1.1.x.1 6Mi.. x . t i I. 1 ILII 111 I IIM 1 Wt.l 1 1 5 ;1 1 [ I t' I ' 1 3 11. \I:I' \11' Village at Cold Creek Subdivision 87,13-009; PP -13-023 PAGE 1 ,,off: �1 � . ,,� ,.4.,. ,..4'• i � :i. '. qui ii I.•.iu i tt i� III, PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Numbers RZ-13- 009 & PP -13-023, as presented in the staff report for the hearing date of November 6, 2013, with the following modifications: (Add any proposed modifications). Denial After considering all staff, applicant and public testimony, I move deny File Numbers RZ-13-009 & PP -13-023, as presented during the hearing on November 6, 2013, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Numbers RZ-13-009 & PP -13-023 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is located on the north side o£ W. Ustick Road, approximately /4 mile east of N. Ten Mile Road, in the SW V4 of Section 35, Township 4 North, Range 1 West. (Parcel #S043 5346700) B. Owner(s): Hayden Homes Idaho, LLC 2464 S.W. Glacier Place, Ste. 110 Redmond, OR 97756 C. Applicant: Same as owner D. Representative: Ross Erickson, Erickson Civil, Inc 6213 N, Cloverdale Road, Ste, 125 Boise, Idaho 83713 E. Applicant's Statement/Justification: Please see applicant's narrative for this information. V, PROCESS FACTS A. The subject application is for a rezone and preliminary plat. A public hearing is required before the Planning & Zoning Commission and City Council on this matter, consistent with Meridian City Code Title 11, Chapter S. B. Newspaper notifications published on; September 16, and 30, 2013 (Commission); October 14. and 28. 2013 (City Council) C. Radius notices mailed to properties within 300 feet on: September 12, 2013 (Commission); October 10, 2013 (Cf , Council) D. Applicant posted notice on site(s) on: September 18, 2013 (Commission); October 21, 2013 (City Council Village at Cold Creek Subdivision RZ-13.009; PP -13-023 PAGE 2 EXHIBIT A VI. LAND USE A. Existing Land Use(s) and Zoning: This site consists of vacant undeveloped land, zoned R4. B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: Five Mile Creek and single-family residential (Bridgetower Subdivision), zoned R-4 2. Bast: Offices, zoned R-4 3. South: Ustick Road & single-family residential (Fieldstone Meadows Subdivision), zoned R- 4 4, West; Rural residential property, zoned R1 in Ada County C. History of Previous Actions: e In 1995, this property was annexed (Ordinance #700) with an R-4 zoning district. A development agreement was not required as a provision of annexation. A plat for Bramblewood Subdivision was also approved but has since expired. ® In 2006, a preliminary plat (PP -06-064) for Cold Creek Subdivision was denied due to the following reasons: "The proposed preliminary plat request will require that a sewer easoment through the property to the north prior to construction plan approval. This 20 foot common area will become an attractive nuisance and there is not an alternative source that will satisfy this particular plat option." D. Utilities: 1. Public Works: a. Location of sewer: The city currently owns and maintains a sewer trunk main on the north side of Five Mile Creek, adjacent to north of the proposed development. This is the intended receiving sewer main for this proposed development, b. Location of water: The city currently owns and maintains a water main in W. Ustick road, adjacent to the south of the proposed development. This is the main intended for service to this proposed development. c. Issues or concerns: The elevations of the flow line of Five Mile Creek and the invert of the sanitary sewer are in conflict, therefore an aerial sewer crossing over Five Mile Creek is being proposed, Careful attention will need to be given to the sewer design with regard to flood plain restrictions, E. Physical Features: 1. Canals/Ditches Irrigation: The Five Mile Creek exists off-site along the north boundary of the site. 2. Hazards: Staff is not aware of any hazards that exist on this site. 3. Flood Plain: A portion of this property along the north boundary lies within the Meridian Floodplain Overlay District and is within flood zone X5. VII. COMPREHENSIVE PLANPOLICIES AND GOALS This site is designated on the Comprehensive Plan Future Land Use Map (FLUM) as Medium Density Residential (MDR). The MDR designation allows smaller lots for residential proposes within City limits. Uses may include single-family homes at densities of 3 to 8 dwelling units per acre. The proposed R-8 zoning is Village at Cold Creek Subdivision RZ-13-009; PP -13-023 PAGE 3 EXHIBIT A consistent with the MDR designation. The plat contains 16 single-family residential building lots for a gross density of 3.65 dwelling units per acre consistent with the desired density of MDR designated areas. Staff finds the following Comprehensive Plan policies to be applicable to this application and apply to the proposed use of this property (staff analysis in italics); ® "Support a variety of residential categories (low-, medium-, medium-high and high-density single-family, multi -family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities." (3.07.0113) The proposed medium density residential development will contribute to the variety of residential densities in this area of the City, which currently consists of medium -low, medium, and medium-high density residential properties. ® "Require new residential development to meet development standards regarding landscaping, signage, fences and walls, etc." (3.05.02C) Street buffer landscaping is required adjacent to W. Ustick-Road, arr arterial street, in accord with the standards listed in UDC 11 -3B -7C as shown on the landscape plan. Separate permits shall be obtalned far signage and fencing in compliance with the standards listed in UDC 11-3D-5 and 11-34-7respectively. o "Protect existing residential properties from incompatible land use development on adjacent parcels.' (3.06.01F) The proposed single-family residential development should be compatible with existing adjacent residential and office uses, ® "Support infill of vacant lots in substantially developed, single-family areas at densities similar to surrounding development" (3.07.021) The surrounding area exceptfor the property immediately to the west has been developed at urban densities. The proposed subdivision will be similar to densities in surrounding subdivisions. ® "Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City.' (3.01,01F) The proposed development is contiguous to the city and city services are available to be extended to the site upon development in accord with UDC 11-3A-21. VIII. UNIFIED DEVELOPMENT CODE (UDC) A. Purpose Statement of the Residential Districts: Per UDC 11-2A-1, the purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian comprehensive plan. Residential districts are distinguished by the allowable density. of dwelling units per acre and corresponding housing types that can be accommodated within the density range. The medium density residential (R-8) district allows a maximum gross density of 8 dwelling units per acre. B. Schedule of Use: Unified Development Code (UDC) Table 11-2A-2liststhe principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the R-8 zoning district Any use not explicitly listed, or listed as a prohibited use is prohibited. The proposed use of the property for single-family detached dwellings is a principal permitted use in the R-8 zoning district. Village at Cold Creek Subdivision RZ-13-009; PP -13.023 PAGE 4 EXWBIT A C. Dimensional Standards: Development of the site should be consistent with the dimensional standards listed in UDC Table 11-2A-6 for the R-8 zoning district. D. Landscaping: Landscaping: Street buffer landscaping shall be installed in accordance with the standards listed in UDC Table 11-2A-6 for the R-8 zoning district. E. Off -Street Parking: Off-street parking is required in accord with UDC Table 11-3C-6 for single- family dwellings. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: REZONE: The applicant has applied to rezone 4.38 acres of land from the R-4 to the R-8 zoning district (see legal description in Exhibit Q. As discussed above in Section VII, the proposed zoning is consistent with the corresponding FLUM designation of MDR for this property. A development agreement (DA) was not required as a provision of annexation when the property was annexed in 1995. To ensure the site develops as proposed with this application, Staff recommends a DA with the provisions noted in Exhibit B. PRELIMINARY PLAT: The proposed preliminary plat consists of 16 building tots and 3 common/other lots on 4.38 acres of land in a proposed R-8 zoning district. Dimensional Standards: Staff has reviewed the proposed plat for compliance with the dimensional standards listed in UDC Table 11.2A.6 for the R-8 zoning district. All of the lots comply with the minimum square footage requirement of 5,000 square feet and both of the blocks comply with the maximum length requirement. Lot 4, Block I needs to be widened to 15 feet to comply with the minimum street frontage requirement, per UDC 11 -2A -3B, A minimum 25 -foot wide street buffer, measured from the back of curb, is required adjacent to W. Ustick Road, an arterial street. Access: Access is proposed on the plat via W. Ustick Road. A stub street is proposed to the west for future extension and interconnectivity. A stub street is not required to the office development to the east as there is no public sheet connection and the site is already developed. Comments have not yet been received from ACHD on this application. Common Driveway: Lots 3 and 4, Block 1 are proposed to be served by a common driveway. Common driveways are required to be constructed in accord with the standards listed in UDC 11- 6C -3D. Water & Sewer Service: Sewer will be extended from the north side of Five Mile Creek via an aerial crossing over the creek consistent with City of Meridian standards. A 20 -foot wide sewer easement is depicted on the plat along the west side of Lot 8, Block 1, Staff recommends the tine type be changed to delineate the easement more clearly. Additionally, the landscape plan depicts a sewer line running through Lot 12, Block 1; this should be removed. Water service will be extended to the site via W. Ustick Road, Pressurized Irrigation: An underground pressurized irrigation system is required to be provided for the development in accord with UDC 11-3A-15 as proposed. A pressure irrigation storage pond is proposed on Lot 1, Block 3. Village at Cold Creek Subdivision RZ-13.009; PP -13-023 PAGE 5 EXHIBIT A Storm Drainage: An adequate storm drainage system is required in all developments in accord with the City's adopted standards, specifications, and ordinances, per UDC 11-3A-18. Stormwater from the public right-of-way will be discharged into a storage pond on Lot 1, Block 3. The facility shall comply with the standards listed in UDC 11 -3B -11C• Multi -Use Pathway: A multi -use pathway is not designated on the Master Pathways Plan for this site. Open Space & Site Amenities: Because this site is below 5 acres in size, UDC 11-3G-3 does not require open space or site amenities to be provided. Landscaping: A minimum 25 -foot wide street buffer is required along W. Ustick Road landscaped in accord with the standards listed in UDC 11 -3B -7C. The landscaping shown on the landscape plan oomplies with the aforementioned standards. If the unimproved street right-of-way is 10 feet or greater from the edge of pavement to edge of sidewalk or property line, and street widening project is not in the transportation authority's five year funded plan, the developer is required to maintain a 10 -foot wide compacted gravel shoulder meeting the construction standards of the transportation authority and landscape the remainder with lawn or other vegetative ground cover in accord with UDC 11 -3B -7C•5 • Fencing: A 6 -foot tall vinyl fence is proposed along the perimeter boundary of the subdivision where fencing doesn't already exist. The existing fence along the east boundary is proposed to remain. Sidewalks: A 5 -foot wide detached sidewalk is required along W. Ustick Road and a 5 -foot wide attached sidewalk is required along the internal local streets, in accord with UDC 11-3A-17. Waterways: The Five Mile Creek exists off-site along the northern boundary of the property. There is an existing surface water delivery ditch that enters the site at the southwest corner from the other side of Ustick Road. The applicant states the pipe will extend back into the site and a box will be located outside of the right-of-way to allow the surface water to be sent to the west or east based on the rotation. The subject property and the parcel to the west are the only two parcels that receive water from this pipe. Building Elevations: Conceptual building elevations for future homes in this development were submitted by the applicant and included in Exhibit A.4. Administrative design review is not required for detached single-family residential homes. However, staff recommends through a DA provision that the rear (or side) of structures on Lots 2-4, Block 1 and Lot 2, Block 2 that back up to Ustick Road incorporate articulation through changes in materials, color, modulation, and architectural elements (horizontal and vertical) to break up monotonous wall planes and roof tines. In summary, Staff recommends approval ofthe proposed rezone and prellminary plat request with the recommended conditions listed in Exhibit B of this report in accord with the findings contained in Exhibit D. X. EXHIBITS A. Drawings/Other 1. VicinityMap 2• Proposed Preliminary Plat (dated: 8/21/13) 3. Proposed Landscape Plan (dated: 8/21/I3) Village at Cold Creek Subdivision RZ-13-009; PP -13-023 PAGE 6 EXIIIBIT A 4. Conceptual Building Elevations B. Agency & Department Comments/Conditions C. Legal Description & Exhibit Map for the Proposed Rezone D, Required Findings from Unified Development Code Village at Cold Creek Subdivision RZ-13-009; PP -13.023 PAGB 7 EXHIBIT A A. Drawings 1. Vicinity Map FshibilA Pago 1 EXHIBIT A 2. Proposed Preliminary Plot (dated: 8/21/13) 9 =^Np6T.W*TH06.N AA.. irtg 7-79. ---------- Exhibit A Page I pi� EIIHMIT A 3. Proposed Landscape Plan (dated: 8/21/13) ,, nr xz, n •.w ti:.• : mrd,. rye VkS31Yt 6r&a&ea ent�unsarw:� gcaw ® ba(6F-1 m AM VILn um 19ra b k� LiVm'c"�i'�7r 5 Exhibit A Page 2 EXMBIT A 14Y Hl. CT 09�WNittl �e®tlmv� f V B 01fl IMl Kttb fm WLbIN irlin- gggg Ag Inn Exhibit A Page 3 m H. a °mss mom® m�.m m �tte.P y q� am V® ecal e mqV� ml >m M.pm¢f pql � cenm vbm.e ��i$� _ aybm ebocs Pm Vbtlm mall 6 'qC Ita Ib.s� Fi _ Itl Ob.s¢y z egaem a '6s m ebaOm � f ImtlegyVu Tp Vam b.P6i P1 .«, ItlIV4 Iy.9mLOWD 14Y Hl. CT 09�WNittl �e®tlmv� f V B 01fl IMl Kttb fm WLbIN irlin- gggg Ag Inn Exhibit A Page 3 m EXHIBIT A 4. Conceptual Building Elevations CxWbit 13 .2 _ EXHIBIT A Exhibit B _ g _ EXHIBIT A B. EXIIIBIT B - AGENCY d DEPARTMENT COMMENTS/CONDITIONS 1. PLANNING DEPARTMENT 1.1 REZONE 1.1.1 A Development Agreement (DA) is required as a provision of the rezone of this property. Prior to the rezone ordinance approval, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of rezone ordinance adoption, and the developer. The Applicant shall contact the City Attorney's Office to initiate this process. The DA shall be signed by the property owner and returned to the city within two (2) years of the City Council granting the rezone. Currently, a fee of $303.00 shall be paid by the applicant to the City Clerk's office prior to commencement of the DA. The DA shall, at minimum, incorporate the following provisions: a. Direct lot access to W. Ustick Road is prohibited in accord with UDC 11-3A-3. b. The subject property shall develop consistent with the preliminary plat shown in Exhibit A.2. c. Future structures constructed on the site shall be generally consistent with the conceptual elevations included in Exhibit AA The rear (or side) of structures on Lots 2, 3, and 4, Block 1. and Lot 2, Block 2 adjacent to Ustick Road shall incorporate articulation through changes in materials, color, modulation, and architectural elements (horizontal and vertical) to break up monotonous wall planes and roof lines in accord with UDC 11-3A-19 and the Design Manual. 1.2 PRELTMTNARY PLAT Site Specific Conditions of Approval 1.2.1 The final plat shall include the following revisions from the preliminary plat; a. Lot 4, Block 1 shall be revised to comply with the minimum street frontage requirement listed in UDC 11 -2A -3B of 15 feet for two properties sharing a common drive. b. Change the line typo shown on Lot 8, Block i for the 20 -foot wide sewer easement and pressurized irrigation easement so that it doesn't appear to be a lot line. 1.2.2 The landscape plan submitted with the final plat shall be revised as follows; a. Remove the sewer line easement and symbol on Lot 12, Block 1. b, Depict the location of the curb along W. Ustick Road. c. If the unimproved street right-of-way along W, Ustick Road is 10 feet or greater fiom the edge of pavement to edge of sidewalk or property line, and street widening project is not in the transportation authority's five year funded plan, the developer is required to maintain a 10 -foot wide compacted gravel shoulder meeting the construction standards of the transportation authority and landscape the remainder with lawn or other vegetative ground cover in accord with UDC 11 -3B -7C.5. 1.2,3 Common driveways are required to be constructed in accord with the standards listed in UDC 1I - 6C -3D, 1.2.4 The applicant shall construct all proposed fencing and/or any fencing required by the UDC, consistent with the standards as set forth in UDC 11-3A-7 and 11-3A-613. 1.2.5 The stormwater drainage facility shall comply with the standards listed in UDC 11 -3B -11C, Exhibit B .4. EXHIBIT A General Conditions of Approval 1.2.6 Comply with all bulk, use, and development standards of the R-8 zoning district listed in UDC 11-2-A-6. 1.23 Comply with all provisions of 11-3A-3 with regard to access to streets. Direct access to W. Ustick Road is prohibited. 1.2.8 Construct on -street bikeways on all collector streets as set forth in UDC 11-3A-5. 1.2.9 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set forth in UDC 11-3A-6, 1.2,10 Provide a pressurized irrigation system consistent with the standards asset forth in UDC 11-3A- 15, UDC 11-3B-6 and MCC 9-1-28. 1.2.11 Comply with the sidewalk standards asset forth in UDC 11-3A-17. 1.2,12 Install all utilities consistent with the standards asset forth in UDC 11.3A-21 and 11-313-51 1.2.13 Construct all off-street parking areas consistent with the standards asset forth in UDC 11-3C-6 for single-family dwellings. 1.2.14 Construct the required landscape buffers consistent with the standards asset forth in UDC 11 -3B - 7C. 1,2.15 Construct storm water integration facilities that meet the standards asset forth in UDC 11-313- I1C. 1.2.16 Construct all parkways consistent with the standards asset forth in UDC 11 -3A -17B, 11 -3G -3B5 and 11.3B -7C. 1.2.17 Comply with all subdivision design and improvement standards as set forth in UDC 11-6C-3, including but not limited to cul-de-sacs, alleys, driveways, common driveways, easements, blocks, street buffers, and mailbox placement. 1.2.18 Protect any existing trees on the subject property that are greater than four -inch caliper and/or mitigate for the loss of such trees as set forth in UDC 11-3B-10. 1.2.19 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle. Ongoing Conditions of Approval 1.2.20 The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets the standards as set forth in UDC 11-3B-6 and to install and maintain all landscaping as set forth in UDC 11-3B-5, UDC 11-3B-13 and UDC 11-313-14. 1.2,22 All common open space and site amenities shall be maintained by an owner's association as set forth in UDC 11 -3G -3F1, 1.2.23 The project is subject to all current City of Meridian ordinances and previous conditions of approval associated with this site. 1.2.24 The applicant and/or property owner shall have an ongoing obligation to prune all trees to a minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the area. 1.2.25 .The applicant shall have an ongoing obligation to maintain all pathways. 1.2.26 The applicant has a continuing obligation to comply with the outdoor lighting provisions asset forth in UDC 11-3A-11. Exhibit 13 .5- EXHIBIT A 1.2.27 The applicant and/or property owner shall have an ongoing obligation to maintain all landscaping and constructed features within the clear vision triangle consistent with the standards in UDC I I - 3A -3, Process Conditions of Approval 1.2.28 No signs are approved with this application Prior to installing any signs on the property, the applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3 Article D and receive approval for such signs. 1.2.29 The applicant shall complete all improvements related to public life, safety, and health as set forth in UDC 11 -5C -3B. A surety agreement may be accepted for other improvements in accord with UDC 11 -5C -3C. 1.2.30 The final plat, and any phase thereof, shall substantially comply with the approved preliminary plat as set forth in UDC 11 -6B -3C2. 1.2.31 The preliminary plat approval shall be null and void if the applicant fails to either 1) obtain the City Engineer signature on a final plat within two years or 2) gain approval of a time extension as set forth in UDC I1-611-7. 1,2.32 The applicant shall obtain approval for all successive phases of the preliminary plat within two years of the signature of the City Engineer on the previous final plat as set forth in UDC 11 -6B - 7B, 1.2,33 Upon installation of the landscaping and prior to inspection by Planning Department staff, the applicant shall provide a written certificate of completion asset forth in UDC 11 -3B -14A, 2. PUBLIC WORKSDEPARTMENT 2.1 Site Specific Conditions of Approval 2.1.1 A portion of this project lies within the Meridian Floodplain Overlay District - flood zone X5. Prior to any development or construction taking place, the applicant shall submit a Floodplain Development Permit Application to the City Floodplain Administrator for review and approval. The application shall provide engineering analysis to meet MCC section 10-6, including hydraulic and hydrologic calculations illustrating any impacts to the water surface elevations including no rise effects of any development within the floodway. 2.1.2 The applicant shall provide a 20 -foot easement across Lot 8, Block 1 for the sanitary sewer main outside of public right of way. The easement area shall be covered with a pavement or concrete surface for ease of access by City of Meridian Wastewater personnel. 2.2 General Conditions of Approval 2.2.1 The applicant shall install sanitary sewer mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub -grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2.2 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to development plan approval. ExhibitIl -6- EXHIBIT A 2,2.3 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer, 2.2.4 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non -approval submitted to the Public Works Department. If lateral users association approval can't be obtained, alternate plans shall be reviewed and approved by the Meridian City Engineer prior to final plat signature. 2.2.5 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 2.2,6 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 2,2.7 Street signs are to be in place, sanitary sewer and water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits, 2.2.8 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, etc., prior to signature on the final plat. 2,2,9 All development improvements, including but not limited to sanitary sewer and water, fencing, mioro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.2.10 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. 22,11 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2,2.12 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.2.13 Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 2.2.14 Developer shall coordinate mailbox locations with the Meridian Post Office, 2,2,15 All grading of the site shall be performed in conformance with MCC 11-12-311, 2.2,16 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.2.17 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3 -feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1 -foot above. 2.2.18 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD, The design engineer shall provide certification that the facilities have been installed in Exhiblt B .7- FWWRTITHM accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.2.19 At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.2.20 100 Watt and 250 Watt, high-pressure sodium street lights shall be required on all public roadways per the City of Meridian Improvement Standards for Street Lighting. All street lights shall be installed at developer's expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights, Street lighting is required at intersections, corners, cul-de-sacs, and at a spacing that does not exceed that outlined in the Standards. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. 2.2.21 The City of Meridian requires. that the owner post to the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an in -evocable letter of credit, cash deposit or bond. Please contact Land Development Service for more information at 887-2211. 2.2.22 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond, Please contact Land Development Service for more information at 887.2211. 2.2.23 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, 3. POLICE DEPARTMENT 3.1 The Police Department has no concerns related to this application 4. FIRE DEPARTMENT 4.1 The common driveway on Lots 3 and 4, Block 1 shall be a minimum 20 feet wide with "no parking" posted and shall be paved with a surface capable of supporting 75,000 pounds. 4.2 North Cold Creek Way shall be posted and painted for no parking on one side of the street, preferably the east side. 4.3 The street widths with 33 feet measured from back of curb shall have rolled curbs. 4.4 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department in accordance with International Fire Code Section (IFC) 508.5.4 as follows: a. Fire hydrants shall have the 4 %" outlet face the main street or parking lot drive aisle. b. Fire hydrants shall not face a sheet which does not have addresses on it, c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be placed 18" above finished grade to the center of the 4 %" outlets. g. Fire hydrants shall be provided to meet the requirements of IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. Exhibit B .8. EXHIBIT A 4.5 All entrances, internal roads, drive aisles, and alleys shall have a turning radius of 28' inside and 48' outside, per International Fire Code Section 503.2.4. 4.6 Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set forth in International Fire Code Section 304.1.2. 4.7 Fire lanes, streets, and structures (including the canopy height of mature trees) shall have a vertical clearance of 1316 as set forth in international Fire Code Section 503.2.1, 4.8 Operational fire hydrants, temporary or permanent street signs, and access roads with an all weather surface are required to be installed before combustible construction material is brought onto the site, as set forth in International Fire Code Section (IFC) 501.4 and Meridian amendment to IFC 10-4.27. 4.9 The roadways shall be built to Ada County Highway District cross section standards and have a clear driving surface. Streets less than 26' in width shall have no on -street parking; streets less than 32' in width shall have parking only on one side. These measurements shall be based on the drivable surface dimension exclusive of shoulders. The overhead clearance shall be a minimum of 13' 6". The roadway shall be able to accommodate an imposed load of 75,000 GVW as set forth in International Fire Code Section 503.2.1, and D103.6.1 and D103.6.2. 4.10 The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. The cost of this installation is to be borne by the developer. (National Fire Protection Std 1141 Section 5.2.11.1) 5. REPUBLIC SERVICES 5.1 Republic Services has no comments on this application. 6. PARKS DEPARTMENT 6.1 The Park's Department has no comments on this application. 7. ADACDUNTYHIGHWAYDISTRICT 7.1 Site Specific Conditions of Approval 7.1.1 Dedicate 50 feet of right-of-way from the centerline for Ustick Road abutting the site. ACRD will provide compensation for right-of-way dedicated beyond the existing right- of-way. ight- ofway. 7.1.2 Construct a 6 foot wide landscape buffer and 5 foot wide detached concrete sidewalk on Ustick Road abutting the site, as proposed. Construct the front edge of the sidewalk a minimum of 42 feet from the centerline of Ustick Road and provide a permanent right-of- way easement for sidewalk placed outside of the dedicated right-of-way. The easement shall encompass the entire area between the right-of-way line and 2 feet behind the back edge of the sidewalk. 7.1.3 Construct Quarrystone Way as a 33 foot street section with rolled curb, gutter and 5 foot wide attached concrete sidewalk on both sides of the street its full length. 7.1.4 Construct Quarrystone Way to intersect Ustick Road and align with Quarrystone Way directly south of Ustick Road, as proposed. 7.1.5 Provide a permanent right-of-way easement for all public sidewalks on Quarrystone Way placed outside of the dedicated right-of-way. The easement shall encompass the entire area between the right-of-way line and 2 feet behind the back edge of the sidewalk. Exhibit B .9- EXHIBIT A 7.1.6 Construct Cold Creek Way as a 29 foot street section with vertical curb, gutter and no sidewalk on the west side of the street and rolled curb, gutter and 5 foot wide attached sidewalk on the east side of the street, as proposed. 7.1.7 The applicant is required to get written fire department approval for 29 and 33 foot street sections from the City of Meridian, 7.1.8 Construct Wilder Street as a 33 foot street section with rolled curb, gutter and 5 foot wide attached concrete sidewalk on both sides of the street within 46 feet of right-of-way, as proposed. 7.1.9 Construct Wilder Street to stub at the west edge of the site approximately 148 south of the north property line, as proposed. 7.1.10 Install a sign at the terminus of Wilder Street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 7.1.11 Construct all new local streets to provide a minimum offset of 125 feet as proposed. 7.1.12 Direct lot access is prohibited to Ustick Road and shall be noted on the final plat. 7.1.13 Payment of impacts fees are due prior to issuance of a building permit, 7.1.14 Comply with all Standard Conditions of Approval. 7.2 Standard Conditions of Approval 7.2.1 All irrigation facilities shall be relocated outside of the ACHD right-of-way, 7.2.2 Private Utilities including sewer or water systems are prohibited from being located within the ACHD right-of-way. 7.2.3 In accordance with District policy, 7203.3, the applicant may be required to update any existing non-compliant pedestrian improvements abutting the site to meet current Americans with Disabilities Act (ADA) requirements. The applicant's engineer should provide documentation of ADA compliance to District Development Review staff for review. 7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details, 7.2.5 A license agreement and compliance with the District's Tree Planter policy is required for all landscaping proposed within ACHD right-of-way or easement areas. 7.2.6 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.2.7 It is the responsibility of the applicant to verify all existing utilities within the right- of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIOLINE (1-811-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. ExhibitB • l0- EXHIBIT A 7.2.8 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 7.2.9 All design and construction shall be in accordance with the ACHD Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Standards unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.2.10 Construction, use and property development shall be in conformance with all applicable requirements of ACED prior to District approval for occupancy. 7.2.11 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of ACHD. The burden shall be upon the applicant to obtain written confirmation of any change from ACHD. 7.2.12 If the site plan or use should change in the future, ACHD Planning Review will review the site plan and may require additional improvements to the transportation system at that time. Any change in the planned use of the property which is the subject of this application, shall require the applicant to comply with ACHD Policy and Standard Conditions of Approval in place at that time unless a waiver/variance of the requirements or other legal relief is granted by the ACHD Commission. ExhibitB - 11 - EXHIBIT A C. Legal Description e& Exhibit Map for the Proposed Rezone Lepaf Descri tp ion Hayden -Homes Ustick Property A parcel located In the SW % of Section 35, Township 4 North, Range 9 West, Boise Morkilan, City of MerklIan, Ads County, Idaho, and more particularty described so follows; Commencing at a Brass Cap monument marking the southwest comer of said SW Y, from which a 518 Inch diameter kon pin marking the southeast comer of said SW % bears S 89°16'67" E a distance of 2643,60 feet; Thence S 89115'67" E along the southerly boundary of said SW % a distance of 1622.31 feet to a 5/8 Inch diameter Iron pin and the POINT OF BEGINNING; Thence leaving sold southerly boundary N 0128'420 W a distance of 026.77 feet to a 518 inch diameter kon on on the southerly right-of-way of Five Mlle Creek; Thence along eald southerly fight -of -way S 621326° E a distance of 433.35 feet to a 5f8 inch diameter Iron pin on the westerly boundary of Prlmoland Subdivision as shown In Book 83 of Plate on Pago GM6, records of Ads County, Idaho; Thence S 6103'09" W along said westerly boundary and the prolongation thereof a distance of 430,47 foot to a 58 inch diameter Iron pin on the southerly boundary of said SW 9/,; Thence N 89°15'570 W along sold southerly boundary a distance of 333,20 feet to the POINT OF BEGINNING; This parcel contains 4.38 acres and Is subject to any easements exia0ng or In use, Clinton W. Hansen, PLS Land Soiutiona, PC July 12, 2013 rdYl� nm�5 Exhibit B -12- 6fn ilio. 9" EXHIBIT A USTICK PROPERTY EXHIBIT 4 s fag • � �V � O 54 9S taa2al' =z s a N 89'15'570 N! BASIS Of BEARING a 0 50 100 200 W) Exhibit B - 13- 1/4 and Consulting AREA e i 4.58 ACRES k o p 54 9S taa2al' =z s a N 89'15'570 N! BASIS Of BEARING a 0 50 100 200 W) Exhibit B - 13- 1/4 and Consulting EXHIBIT A D. Required Findings from Unified Development Code 1. Rezone Findings: Upon recommendation from the Commission, the Council shall make a full Investigation and shall, at the public hearing, review the application. In order to grant an annexation, the Council shall make the following findings; a. The map amendment complies with the applicable provisions of the Comprehensive Plan; The Applicant requests a rezone of the subject property from the R-4 to the R-8 zoning district. The City Council finds that the proposed map amendment is generally consistent with the MDR PLUM designation for this property. Therefore, the City Council finds the amendment is consistent with the applicable provisions of the Comprehensive Plan (see section VII above). b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council Hinds that the proposed map amendment to the R-8 zoning district is consistent with the purpose statements for residential districts as detailed in Section VIII above. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The City Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. City utilities will be extended at the expense of the applicant, it. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The City Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The annexation is in the best of interest of the City (UDC 11-513-M). The City Council finds this provision does not apply to the subject rezone application. 2. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: a. The plat is in conformance with the Comprehensive Plan; The City Council finds that the proposed plat is in substantial compliance with the adopted Comprehensive Plan in regard to land use, transportation, and circulation, Please see Comprehensive Plan Policies and Goals, Section V11 of the Stqff Report for more information, Exhibit B -14- EXHIBIT A b. Public services are available or can be made available and are adequate to accommodate the proposed development; The City Council finds that public services will be provided to the subject property upon development. (See Exhibit B of the Staff Report for more details from public service providers.) c. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because City water and sewer and any other utilities will be provided by the development at their own cost, the City Council finds that the subdivision will not require the expenditure of capital improvement funds, d. There is public financial capability of supporting services for the proposed development; Based on comments from the public service providers (Le., Police, Fire, ACRD, etc.), the City Council finds there is public financial capability of supporting services for the proposed development. (See Exhibit B for more detail.) e. The development will not be detrimental to the public health, safety or general welfare; and The City Council finds this development will not be detrimental to the public health, safety or general welfare. Exhibit B - 15 - EXHIBIT C Preliminary Plat (dated 8/21/13) GIT4AT,_"n IN n"P(iRT9Niryp'1 I+�vl ai1nNR:f I �c�wrveil� a" IH. Iznrv,3C 1 W6ca 1. I.BmM NaJ1u1: MCR101AN. Mln'CGUIVTY. I[+Al l'"a�" ry�r K.Y.d xm«o waw 4 :r-�r .Ir�... 'ur'f(krt}y61st, f i l ff tri •^k 4' —. CM.d! �— W. l.: ¢.., ern-R•,��. r-' d`L'•.`"'£7. ...,. / i r"�""tit;' '(i.'::c�'-:rbc � •,.r.:-, ilk k. 7 — .._ Mla yi in� ' ;...'. �- ilk/ WUXtl apld Rmlfae Lf CNdCreok W1Y r 1 Village at Cold Creek Subdivision RZ-13-009; PP -13-023 EXH>«JT D Conceptual Building Elevations Village at Cold Creek Subdivision RZ-13-009; PP -13-023 EXHIBIT D Village at Cold Creek Subdivision RZ-13-009; PP -13-023 Hearing Date: February 25, 2014 File No.: FP -14-006 Project Name: Village at Cold Creek Request: Request for final plat consisting of 16 single-family residential building lots and 3 common/other lots on 4.38 acres of land in an R-8 zoning district, by Hayden Homes Idaho, LLC. Location: The site is located on the north side of W. Ustick Road approximately 1/3 mile east of N. Ten Mile Road, in the SW 1/4 of Section 35, Township 4N, Range 1 W.