Loading...
Paramount Subdivision MDA H-2015-0022ADA COUNTY RECORDER Christopher D. Rich 2016-005060 BOISE IDAHO Pgs=26 LISA BATT 01/20/2016 01:29 PM MERIDIAN CITY NO FEE II I II I I I III VIII I II II II I I I I I I I II I I I II I II'IIIII III 00186891201600060600260260 2nd ADDENDUM TO THE DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Brighton Development, Inc., Owner/Developer This 2nd addendum is made and entered into this 10� day of -)cnUcKykA Qo114 2.9i-5, by and between CITY OF MERIDIAN, a municipal corporation of the State of Idah - , ereafter called CITY, and Brighton Development, Inc., whose address is 12601 W. Explorer Drive, Suite 200, Boise, ID 83713, hereinafter called OWNER/DEVELOPER. RECITALS A. CITY and OWNER/DEVELOPER entered into that certain DEVELOPMENT AGREEMENT on August 14, 2004 (Instrument # 103137116) and an ADDENDUM TO DEVELOPMENT AGREEMENT on July 24, 2013 (Instrument # 113083665). B. CITY and OWNER/DEVELOPER now desire to amend the Development Agreement and the Addendum to the Development Agreement and in accordance with the terms in this 2nd Addendum, which terms have been approved by the Meridian Planning and Zoning Commission and the Meridian City Council in accordance with Idaho Code Section 67-6511A. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 1. OWNER/DEVELOPER shall be bound by the terms of the Development Agreement and the Addendum to Development Agreement except as specifically amended by the following: SECTION 3: DEFINITIONS: 3.4 "PROPERTY": means and refers to the property in the original Development Agreement (Instrument # 10313 7116) as well as the property described in the attached Exhibit "A ". SECTION 6: CONDITIONS GOVERNING DEVELOPMENT OF PROPERTY.• Owner/Developer shall develop the property in accordance with the original Development Agreement (Instrument #1031317116) and the Addendum to Development Agreement (Instrument # 113083665). In addition, the following provisions shall also be required: ADDENDUM TO DEVELOPMENT AGREEMENT (MDA H-2015-0022 PARAMOUNT SUBDIVISION) PAGE I OF 5 1. Direct access to W. Chinden Boulevard and N. Meridian Road is prohibited in accord with UDC 11-3A-3 and 11 -3H -4B. 2. A minimum 35 foot wide street buffer is required along W Chinden Boulevard, an entryway corridor, on the C -C and TN -C zoned properties and shall be landscaped in accord with the standards listed in UDC 11 -3B -7C. 3. A 10 foot wide multi -use pathway shall be provided within the street buffers along W. Chinden Boulevard, along the west side off. Meridian Road, and along the north side of W Director Street within a public use easement in accord with UDC 11 -3H -4C.4. The public use easement shall be submitted to the City, approved by City Council and recorded prior to issuance of any Certificate of Zoning Compliance or, approval of any subsequent land use application for the C -C and TN -C zoned properties. 4. Right-of-way (ROW) shall be dedicated in the amount required by the Idaho Transportation Department for the expansion of W. Chinden Boulevard with development of the C -C and TN -C zoned properties adjacent to Chinden Boulevard. 5. A Certificate of Zoning Compliance and subsequent building permit application is allowed to be submitted for approval prior to recordation of the first phase of the subdivision where the assisted living facility is proposed to develop. The first phase final plat shall be recorded prior to issuance of the Certificate of Occupancy for the assisted living facility. 6. The two accesses via N. Fox Run Way, a collector street, are allowed as depicted on the site plan. 7. Development of the property at the southeast corner of W. Chinden Blvd. and N. Fox Run Way where the assisted living facility is proposed shall be generally consistent with the concept plan shown in Exhibit A.4 of the Staff Report that was approved with the Findings of Fact and Conclusions of Law approved by Meridian City Council on December 8, 2015, attached hereto as Exhibit "B ". 8. A modification of the development agreement is required to include a conceptual development plan for the TN -C and C -C zoned property located at the southwest corner of W. Chinden Blvd, and N. Meridian Road and at the southwest corner of W. Chinden Blvd. and N. Fox Run Way prior to submittal of a Certificate of Zoning Compliance application (f required) or issuance of any building permits. The concept plan(s) should include a site plan showing access and circulation; a mix of at least 3 land use types; and residential densities ranging from 6 to 15 units/acre in the MU -C designated area and 3 to 8 units/acre in the MDR designated area as required in the Comprehensive Plan (pgs. 27-28 and pg. 20 respectively). 9. Construction of the street buffer landscaping and associated 10 foot wide multi -use pathways along W. Chinden Blvd. and N. Meridian Road shall be constructed with the final plat for each phase of development. ADDENDUM TO DEVELOPMENT AGREEMENT (MDA H-2015-0022 PARAMOUNT SUBDMSION) PAGE 2 OF 5 2. That Owner/Developer agrees to abide by all ordinances of the City of Meridian and the Property shall be subject to de -annexation of the Owner/Developer, or their assigns, heirs, or successor shall not meet the conditions of this addendum to the Development Agreement, and any new Ordinances of the City of Meridian as herein provided. 3. This Addendum shall be binding upon and insure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Addendum shall be binding on the Owners/Developers of the Property, each subsequent owner and any other person(s) 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 hereon 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 Addendum if City, in its sole and reasonable discretion, had determined that Owner/Developer has fully performed its obligations under this Addendum. 4. If any provision of this Addendum is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Addendum and the invalidity thereof shall not affect any of the other provisions contained herein. 5. This Addendum sets forth all promises, inducements, agreements, condition, and understandings between Owners/Developers and City relative to the subject matter herein, and there are no promises, agreements, conditions or under -standing, either oral or written, express or implied, between Owners/ Developers and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this second addendum 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. a. Except as herein provided, no condition governing the uses and/or conditions governing development of the subject Property herein provided for can be modified or amended within 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. 6. This Addendum shall be effective as of the date herein above written. ADDENDUM TO DEVELOPMENT AGREEMENT (MDA H-2015-0022 PARAMOUNT SUBDNISION) PAGE 3 OF 5 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: BRIGHTON DEVELOPMENT, INC. BY: CITY OF MERIDIAN Attest: Gose "v.pTGD AU�,LS�l City OE EP\IDIAN? Jaycee olman, City Clerk T SEAL AFB V Pti Ide TI!C\SU ADDENDUM TO DEVELOPMENT AGREEMENT (MDA H-2015-0022 PARAMOUNT SUBDIVISION) PAGE 4 OF 5 STATE OF IDAHO ) ss: County of Ada, On this � ay of , 20 before me, thy, ersigned, allotary Public in and rr for sa' State, ersonally appeared VF W 2%hl- wn or identified to me to be the of Brighton Development, Inc., and acknowledged to me that he executed the same on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. -c'-, � dl2v�xv jy0 , ', t s€ N tary Pu li for Ida esiding at: Qr/ Commission E Tres: e/ STATE OF IDAHO ) : ss County of Ada On this day of 2915 before me, a Notary Public, personally appeared Tammy de Weerd and Jaycee L-14olman, know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. .•Oven&•. .•'1G A J01V••. x•55 p`t``,R,jg�•,s ; (SEAL) '4r oil?***IOF Notary ub11cfo Residing at: vl Commission expires: �� ptr� 0"-)o ADDENDUM TO DEVELOPMENT AGREEMENT (MDA H-2015-0022 PARAMOUNT SUBDIVISION) PAGE 5 OF 5 Exhibit A: Legal Description for Property Annexed with Paramount Northeast (AZ -13-005) Date: May 21, 2013 Project No, 113901 THE LAND CROUP, INC. PARAMOUNT NORTHEAST ANNEXATION .DESCRIPTION A parcel of land located in the NE 1/4 of Section 25, T. 4 N., R. 1 W., B,M., Meridian, Ada County, Idaho, more particularly described as follows: BEGINNING at the section corner common to Sections 24 and 25 of said T. 4 N., R. 1 W., and Sections 19 and 30 of T. 4 N., R. 1 E., B.M., (from which point the 1/4 Section Corner common to said Sections 24 and 25 bears North 89°37'01" West, 2669.33 feet distant); Thence South 00°25'09" West, 975.74 feet on the section line common to said Sections 25 and 30; Thence North 89036'40" West, 1989.76 feet to a point on the easterly right-of- way line of North Fox Run Way, said point also being on the easterly boundary line of Paramount Subdivision No. 5, as same is shown on the Plat thereof recorded in Book 92 of Plats at Page I0969 of Ada County Records; Thence on the easterly boundary line of said Paramount Subdivision No. 5 for the following courses and distances: "Thence North 00033'16" East, 153.06 feet to a point of curve; Thence 161.04 feet on the are of a curve to the left, said curve having a radius of 206.50 feet, a central angle of 44°41'01" and a chord distance of 156.99 feet which bears North 21047'15" West; Thence North 44107'45" West, 267.59 feet to a point of curve; Thence 93.95 feet on the arc of a curve to the right, said curve having a radius of 120.50 feet, a central angle of 44'40'10" and a chord distance of 91.58 feet which bears North 21'47"10" West; Thence North 00°32'25" last, 200,63 feet to a point of curve; jr Lnrr4mpe Arrhir;rrnrr *.Vitt ria f Oterrr l rni gfiax e'" Engiffeedg3 «C n pbir Co vyauvrnr`z Mica 462 E Shore Drive, Ste. 100, Eagle, Idaho 83616 «P 208,939.4041 F 208,939.4445 • wwwandandgroupinc.com TILL' LAND GROUP; INC. Thence 14.76 feet on the arc of a curve to the right, said curve having a radius of 20.50 feet, a central angle of 41614'48" and a chord distance of 14.44 feet which bears North 21609'49" East to a point of reverse curve; Thence 33.11 feet on the are of a curve to the left, said curve having a radius of 46.00 feet, a central angle of 41'1448" and a chord distance of 32.40 feet which bears North 21609149" East; Thence North 00"32'25" East, 85.09 feet to a point of curve; Thence 31.36 feet on the arc of a curve to the right, said curve having a radius of 20.00 feet, a central angle of 89°50'34" and a chord distance of 28.25 feet which bears North 45627'42" Cast; Thence North 00°22'59" East, 52.00 feet to a point on the section line common to said Sections 24 and 25; Thence leaving the boundary line of said Paramount Subdivision No. 5, South 89637'01" East, 223393 feet on the section line common to said Sections 24 and 25 to the point of beginning. Said parcel contains 48.32 acres more or less. Also including: A parcel of land located in the NW 1/4 of the NE 114 of Section 25, T. 4 N., R, 1 W., B,lvi., Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the section corner common to Sections 24 and 25 of said T. 4 N., R. 1 W., and Sections 19 and 30 of T. 4 N., R. 1 E., B,M.; Thence North 89637'0 t" West, 2669.33 feet on the section line common to said Sections 24 and 25 to the 114 Section Corner common to said Sections 24 and 25, said point being the REAL POINT OF BEGINNING; Thence reversing direction, South 89°37'01" East, 303.40 feet on the section Rine common to said Sections 24 and 25; Thence leaving said section line, South 00°22'59" 'Nest, 52.00 feet to a point of curve on the westerly right o- way line of North Fox Run Way, said point also being on the westerly boundary line of Paramount Subdivision No. 5, as same is shown on the flat thereof recorded in Book 92 of Plats at Page 10969 of Ada County Records; iT 2 l.-ondst pe Ar'hittr1u& • Sita Planniq + Cicr`l Er rjirerrins • Go#'Conrst l rY gdfi6n & Eugineerins • Graphir commiliratiat 462 I.. Shore Drive, tits. 100, Ingle, Idaho 83016 61' 2088 039,4041 1,208-939,444.5 . vr�v.nc�l «sdprt5ii ant.cnm THE LAND GROUP, INC, Thence on the westerly and northerly boundary line of said Paramount Subdivision No. 5 for the following courses and distances: Thence 31,47 feet on the arc of a curve to the right, said curve having a radius of 20.00 feet, a central angle of 90°09'26" and a chord distance of 28.32 feet which bears South 44°32'18" last; Thence South 00032'25" West, 84,73 .feet to a point of curve; Thence 33,11 feet on the are of a curve to the left, said curve having a radius of 46,00 feet, a central angle of 41'14'48" and a chord distance of 32.40 feet which bears South 20004'59" bast to a point of reverse curve; `1'henee 14.76 feet on the arc of a curve to the right, said curve having a radius of 20.50 feet, a central angle of 41 ° 14'48" and a chord distance of 14.44 feet which bears South 20°04'59" East; Thence South 00132'25" West, 200,63 feet to a point of curve; Thence 139.94 feet on the arc of a carve to the left, said curve having a radius of 179.50 feet, a central angle of 44°40'10" and a chord distance of 136.43 feet which bears South 21'47'40" East; Thence South 44°07'45" least, 149.80 feet; Thence South 45°52'15" West, 25.00 feet; Thence North 86115`58" West, 225.83 feet; Thence North 89°26'44" West, 254,00 feet to a point on the north -south mid- section line of said Section 25; Thence leaving the northerly boundary line of said Paramount Subdivision No. 5, North 00032125" East, 638.03 feet on the north -south mid-section line of said Section 25 to the real point of beginning. Said parcel contains 5.25 acres more or less. PREPARED BY:LA THE LAND GROUP, INC. r James R. Washburn, PLS .a S -fit - 2i71? .r "'< W Ltrerlira.eArrhitartxrr +Silo 111anniq • Clcdl E114iliffriq r Gql Calif Irtalim a H)lA meriq r G'rr+�WI6.011.1il /iau 462 E. Shore Drive, Ste. 100, ra81e, Idaho 83616 M P 208.939.4041 F 208,939.4446 * -,, i�ic.cotr" CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2015-0022 - 1 - CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for a Modification to the Development Agreement for Paramount Subdivision to Include the 53.57 Acres of Land Annexed with AZ-13-005 (Paramount Northeast); and a Conceptual Development Plan for that Area, by Brighton Investments, LLC. Case No(s). H-2015-0022 For the City Council Hearing Date of: November 24, 2015 (Findings on December 8, 2015) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of November 24, 2015, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of November 24, 2015, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of November 24, 2015, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of November 24, 2015, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the “Local Land Use Planning Act of 1975,” codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Community Development Department, the Public Works Department and any affected party requesting notice. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2015-0022 - 2 - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of November 24, 2015, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council’s authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant’s request for a development agreement modification is hereby approved per the provisions in the Staff Report for the hearing date of November 24, 2015, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Two (2) Year Development Agreement Duration The development agreement shall be signed by the property owner and returned to the City within two (2) years of the City Council granting annexation and/or rezone (UDC 11-5B-3D). A modification to the development agreement may be initiated prior to signature of the 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 11-5B-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 24, 2015 By action of the City Council at its regular meeting held on the day of ,r , 2015. COUNCIL PRESIDENT CHARLIE ROUNTREE VOTED COUNCIL VICE PRESIDENT KEITH BIRD VOTEDl� COUNCIL MEMBER DAVID ZAREMBA VOTED__V-- COUNCIL MEMBER JOE BORTON VOTED COUNCIL MEMBER LUKE CAVENER VOTED COUNCIL MEMBER GENESIS MILAM VOTED HLO — MAYOR TAMMY de WEERD VOTED (TIE BREAKER) ` u� - - . or Ta de Weerd GO�pORATrb,j�c ti� Gs� J Attest: F tii Jaycee HoWan Z`drREAsuP�V��� City Clerk Copy served upon Applicant, The Planning Division, Public Works Department and City Attorney. Dated: ��� /�✓ City rk's f i CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2015-0022 - 3 - EXHIBIT A Paramount Subdivision – MDA H-2015-0022 1 STAFF REPORT HEARING DATE: November 24, 2015 TO: Mayor & City Council FROM: Sonya Watters, Associate City Planner 208-884-5533 SUBJECT: H-2015-0022 – Paramount Subdivision - MDA I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, Brighton Investments, LLC, requests a modification to the existing development agreement (MDA) for Paramount Subdivision to include the 53.57 acres of land annexed with AZ-13-005 (Paramount Northeast); and a conceptual development plan for that area. See Section IX Analysis for more information. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed MDA as requested by the applicant and as recommended by staff per the provisions listed in Exhibit A.2. The Meridian City Council heard these items on November 24, 2015. At the public hearing, the Council approved the subject MDA request. a. Summary of City Council Public Hearing: i. In favor: Mike Wardle ii. In opposition: None iii. Commenting: None iv. Written testimony: Mike Wardle v. Staff presenting application: Sonya Watters vi. Other staff commenting on application: None b. Key Issues of Discussion by Council: i. The timing and phasing for construction of the street buffers required on this property; ii. Allowance for the submittal of Certificate of Zoning Compliance and building permit applications prior to the property being subdivided; and iii. The number of access points via N. Fox Run Way. c. Key Council Changes to Staff/Commission Recommendation i. Modify DA provision #5 in Exhibit A.2 to allow a Certificate of Zoning Compliance and subsequent building permit application to be submitted and approved prior to recordation of the first phase of the subdivision which will include the property proposed to develop with an assisted living facility; the final plat for the first phase shall be recorded prior to issuance of the Certificate of Occupancy for the assisted living facility; ii. Modify DA provision #6 in Exhibit A.2 to allow both of the access driveways via N. Fox Run Way as proposed on the site plan; iii. Modify DA provision #3 in Exhibit A.2 to include the requirement for a 10-foot wide multi- use pathway to be constructed along the west side of N. Meridian Road and the north side of W. Director Street. iv. Include a DA provision stating that the street buffer landscaping and associated 10 -foot wide multi-use pathways along W. Chinden Blvd. and N. Meridian Road shall be constructed with the final plat for each phase of development (see DA provision #9 in Exhibit A.2). EXHIBIT A Paramount Subdivision – MDA H-2015-0022 2 III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2015-0022 as presented in the staff report for the hearing date of November 24, 2015, with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny H-2015-0022 as presented during the hearing on November 24, 2015, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number H-2015-0022 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: Paramount Subdivision generally encompasses property that is located south of W. Chinden Boulevard, east of N. Linder Road, west of N. Meridian Road and north of W. McMillan Road. The property that is the subject of the MDA is located at the southeast corner of W. Chinden Blvd. (SH 20/26) and N. Fox Run Way, in the northeast ¼ of Section 25, Township 4N., Range 1W. B. Owners: Brighton Investments, LLC 12601 W. Explorer Drive., Ste. 200 Boise, ID 83713 C. Applicant: Same as Owner D. Representative: Michael D. Wardle, Brighton Corporation 12601 W. Explorer Drive, Ste. 200 Boise, ID 83713 E. Applicant's Statement/Justification: Please see applicant’s narrative for this information. V. PROCESS FACTS A. The subject application is for a development agreement modification. A public hearing is required before the City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: November 2, and 16, 2015 C. Public Service Announcement broadcasted on: November 6, 2015 D. Applicant posted notice on site by: November 13, 2015 VI. LAND USE A. Existing Land Use(s): The subject area of the MDA consists of property that was annexed into the City but is not yet developed, zoned C-C and TN-C; the property is currently being farmed. B. Character of Surrounding Area and Adjacent Land Use and Zoning: EXHIBIT A Paramount Subdivision – MDA H-2015-0022 3 North: W. Chinden Blvd. and rural residential, undeveloped, and commercial property, zoned R1 and MU-DA in Ada County respectively West: Agricultural/undeveloped land, zoned C-C South: Single-family residential properties in Paramount Subdivision, zoned R-8 East: N. Meridian Road and a church, zoned RUT in Ada County C. History of Previous Actions:  In 2003, the following applications were approved for the larger Paramount Subdivision which did not include the portion of the property that is the subject of the MDA:  Annexation and zoning (AZ-03-006) of 397.11 acres of land with R-8, R-40, L-O and C-G zones. A development agreement (DA) was required as a provision of annexation, recorded as Instrument No. 103137116;  Preliminary plat (PP-03-004) consisting of 764 building lots on 397.11 acres of land; and  Conditional use permit for a planned development (CUP-03-008)  In 2007, a modification to the DA (MI-07-007, Paramount Commercial Southwest) was approved and recorded as Instrument No. 107145935. The amendment removed the CUP requirement and required design review approval instead for all commercial development in the C-G zoned portion of the site located at the northeast corner of N. Linder Road and W. McMillan Road.  In 2008, a modification to the DA (MDA-08-001) was approved and recorded as Instrument No. 108108427. The amendment allowed a church and other specified uses to develop in the L-O zoned portion of the site located at the southwest corner of W. Producer Drive and N. Meridian Road.  In 2013, the DA was modified (MDA-13-010) to update the DA to focus on allowed uses within the subdivision rather than specific numbers of building lots, common lots, dwelling units, and square footage of commercial space; specific numbers of each were removed (Instrument No. 113083665).  Also in 2013, the majority of the property that is the subject of the MDA was annexed (AZ-13-005, Paramount Northeast). A preliminary plat (PP-13-008) was also approved but it only included a small portion of the land that was part of the annexation area along the south boundary. VII. ANALYSIS Analysis of Facts Leading to Staff Recommendation: The applicant requests a modification to the existing development agreement (MDA) (Instrument No. 103137116, amended as Instrument No. 113083665) for Paramount Subdivision to include the 53.57 acres of land annexed with AZ-13-005 (Paramount Northeast); and a conceptual development plan for the majority of that area. Prior to annexation ordinance approval, the developer was required to amend the existing DA for Paramount Subdivision to include the land annexed with Paramount Northeast and the following provisions: (Note: The annexation ordinance was inadvertently approved without the DA being amended; the subject application will finalize the requirements for the annexation.)  “A conceptual development plan that includes a circulation plan, for the area adjacent to Chinden Boulevard proposed to be annexed with C-C and TN-C zoning. This provision is satisfied with the conceptual use and circulation plan submitted with this application included in Exhibit A.4.  Direct access to W. Chinden Boulevard and N. Meridian Road is prohibited in accord with UDC 11-3A-3 and 11-3H-4B. EXHIBIT A Paramount Subdivision – MDA H-2015-0022 4  A minimum 35-foot wide street buffer is required along W. Chinden Boulevard, an entryway corridor, on the C-C and TN-C zoned properties and shall be landscaped in accord with the standards listed in UDC 11-3B-7C.  A 10-foot wide multi-use pathway shall be provided within the street buffer along W. Chinden Boulevard within a public use easement in accord with UDC 11-3H-4C.4. The public use easement shall be submitted to the City, approved by City Council and recorded prior to issuance of any Certificate of Zoning Compliance or, approval of any subsequent land use application for the C-C and TN-C zoned properties.  Right-of-way (ROW) shall be dedicated in the amount required by the Idaho Transportation Department for the expansion of W. Chinden Boulevard with development of the C-C and TN-C zoned properties adjacent to Chinden Boulevard.” The applicant submitted a conceptual development plan as required for the portion of the annexation area at the southeast corner of W. Chinden Blvd. and N. Fox Run Way (see Exhibit A.4). The portion of the annexation area at the southwest corner of Chinden/Fox Run was not included in the concept plan; therefore, Staff recommends the DA is modified in the future to include a conceptual development plan for that area prior to submittal of a Certificate of Zoning Compliance application. The proposed concept plan includes a detailed plan for the C-C zoned area at the southeast corner of Chinden/ Fox Run where a 56,543 square foot residential care facility is proposed; a conditional use permit application is currently in process for this use. The plan for the remainder of the C-C and TN-C zoned site to the east and south is very conceptual and only depicts “future residential” uses; the type of residential use(s) is not specified. A circulation plan is shown that depicts two access points via N. Fox Run Way to the portion of the site proposed to develop with a residential care facility and three other accesses via Director Street with cross-access between the residential designated areas and the proposed residential care facility. A phased 35-foot wide landscape buffer and 10-foot wide multi-use pathway is also depicted along W. Chinden Blvd. with 30 feet for future right-of-way for a total of 70 feet from centerline. The C-C zone only allows multi-family and vertically integrated residential uses; the portion of this zone outside of the residential care facility site may need to be rezoned in the future if a different type of residential use is proposed other than those allowed. The TN-C zone allows single-family, townhouse, duplex, multi-family, and vertically integrated residential uses. This area is designated on the Comprehensive Plan Future Land Use Map (FLUM) as MU-C (Mixed Use - Community) (25+/- acres) and MDR (Medium Density Residential) (17+/- acres) as shown below. XY""d""d #1 #1 R-15 R-15 C-C L-O C-N RUT R-8 R-4 RUT C-C R-2 R-15 C-C R-4 L-O R-8 R-4 L-O RUT RUT TN-C RUT R-2 R-15 R1 RUT RUT RUT L-O C-C R-4 C-G R-8 RUT RUT L-O RUT C-G R-8 RUT C-C C-N RUT R-8R-15 R-4 R-4 R-8 R-8 C-G R1 L-O R-8 R-8 R-15 R-8 R-40 L-O RUT RUT C-N L-O R-8 N L o n g L a k e W a y W McMillan Rd E McMillan Rd E Chinden Blvd N GoddardCreek Way N M e r i d i a n R d WCayuseCreekDr N L o c u s t G r o v e R d W Chinden Blvd N L i n d e r R d WAnatoleDr N L a n d o n Cr e e k P l E SanPedroSt WWolfRapidsDr W P e c k S t W D i r e c t o r S t N M i t c h u m A v e W Boulder Bar Dr WDeerCrest D r E Handel St W V a l e n t i n o S t W C r o s b y D r W C a g n e y S t E YuccaCanyonSt E BoulderBar St W Pr o d u c e r D r N A r l i s s Av e E Meadow Creek Dr W Ramsbrook St W Heston Dr N S a g u a r o H i l l s A v e N R o s a S p r i n g s A v e E Rio Col i n a s D r W Tango Creek Dr WBacall Dr N S e n i t a H i l l s A v e W Kingsley S t N C h o p i n A v e N Tango Rapids Way E Strauss D r W SelwayRapids Ln E Everest St E G r a nd Canyon Dr N S t a r r y N i g h t A v e W Br o d e r i c k D r E San Pedro St W Root Creek St N S c h u m a n n A v e WRattlesnakeDr E Quinte s s a D r WDeerCrestSt N Penngrove Way WDivideCreekSt W G a b l e S t N Wild Goose Way N D o n a v a n A v e E E n s e n a d a D r E Segundo St WLadleRapidsSt WMartenCreekDr N R e d H i l l s A v e N B o o t h Av e WGladeCreekSt W CedarGrove St E Comisky St N F o x R u n W a y WEagleMountainDr WDitchCreekDr N W y m a n A v e N D i e t r i c h A v e E Tuttle St N R e d Ho r s e W a y N S a g u a r o H i l l s A v e WHamRapidsSt WCayuseC r e e k D r E Pasacana St WApgarCreekDr E Havasu Falls St W Root Creek St E Grand Canyon St W Peach Springs St N Moose Creek Ave E I r o n s t o n e D r E Handel St N Isla A v e N T i m b e r l i n e W a y EAzan S t W Pachino St N S u m m i t W a y W Salerno St W D r e y f u s s S t N P i n e r y C a n y o n A v e E Bonita Canyon St E Cholla Hills St W G ladeCreekDr WAnatoleSt W TidaSt E GlasgowSt WBalata Ct WKellyCreekDr W RootCreek St N K e a t o n Av e E Handel Ct E Commander St E Yucca Canyon St E GoldenOak Ct E Senita Canyon St W KingsleyDr E ComiskySt E PaintedHillsDr W Bacall St W Divide Creek St E OcelotCt W LosFlores Ct N Silver Maple Ave E T h ree C o r n er s D r W Cedar Grove St N L o n g L a k e W a y E ChollaHills St N S p u r w i n g W a y E Silver Torch St N M i t c h u m Av e N S p a n g l e Av e N R o s a S p r i n g s A v e N S e n i t a H i l l s A v e W I s land Gree nDr E SegundoSt E Handel St N B e a h a m A v e N Mi g u e l Ave N P e p p a r d Av e WLosFlor e s D r N Te r e s i t a Ave N S a g u a r o Hi l l s P l E Ocelot St WAstonteDr E Pasacana St N M i d n i g h t H a z e W a y WBrandtLn N S c h u b e r t A v e W Barrymore D r W V a l e ntinoDr W SelwayRiver Ln N E l k R a n c h L n W Milazzo St WHungry CreekDr W DitchCreek Dr W Divide Creek St W Arnaz St W Everest Ln W C o l b e r t S t W P i c k f o r d S t W V a l e n t i n o S t W C a g n e y S t W Grand Teton Dr WCedarGroveSt WPuzzleCreekDr WHitchcock St WRattlesnakeDr WGladeCreekSt WThreeLakesDr N D i a m o n d C r e e k A v e N Mink Creek Ave N R i o V i s t a W a y N F l a t T a i l W a y N A r l i s s A v e N T e e k e m F a l l s W a y N C l o o n e y Av e N C l a r e t C u p W a y NDebussy Way N R e d H o r s e W a y E P r o d u c e r D r E Mozart St N Z a c h a r y W a y N Silver Elm Way N D e m i l l e A v e N B a r n e y Ln N F o x R u n W a y N J e r i c h o R d N Lolo Pass Wa y NPenncross Way WQuintaleDr N L a n g e A v e N B a c h Av e N M o r n i n g D e w A v e WWapootDr W R e dgrave D r N B e a h a m A v e N C h a n n i n g Wa y N B e a h a m Av e N Stanley Creek Ave N Be a h a m A v e N A l e s t e r A v e W C a g n e y D r NSpurwing Way N S u n S h i m m e r A v e E D u n w o odyC t N L a r k w o o d P l N L a r k w o o d P l XY""d""d #1 #1 MEDIUM DENSITY RESIDENTIAL MU-C COMMERCIAL CIVIC MU-N MU-N OFFICE CIVIC MU-C MEDIUM DENSITY RESIDENTIAL MEDIUM DENSITY RESIDENTIAL LOW DENSITY RESIDENTIAL MU-C MEDIUM DENSITY RESIDENTIAL MU-C OFFICE OFFICE CIVIC CIVIC MU-C MEDIUM DENSITY RESIDENTIAL CIVIC CIVIC OFFICE OFFICE MU-N MEDIUM DENSITY RESIDENTIAL LOW DENSITY RESIDENTIAL CIVIC LOW DENSITY RESIDENTIAL HIGH DENSITY RESIDENTIAL COMMERCIAL MEDIUM DENSITY RESIDENTIAL MEDIUM DENSITY RESIDENTIAL MEDIUM DENSITY RESIDENTIAL CIVIC MU-N MU-N N.C. Idaho Power N L o n g L a k e W a y W McMillan Rd E McMillan Rd E Chinden Blvd N GoddardCreek Way NCoppe r c l oud Wa y N M e r i d i a n R d WCayuseCreekDr N L o c u s t G r o v e R d W Chinden Blvd N L i n d e r R d WAnatoleDr N L a n d o n C r e e k P l E SanPedroSt WWolfRapidsDr W P e c k S t W D i r e c t o r S t W Boulder Bar Dr W HavasuFallsSt WDeerCrest D r N D y v e r Av e E Handel St W V a l e n t i n o S t W C r o s b y D r W WoodwardSt W C a g n e y S t E Boulder Bar St W Pro d u c e r D r N A r l i s s A v e E Meadow Creek Dr W Ramsbrook St W Bird Wing Dr W Heston Dr N S a g u a r o H i l l s A v e E Rio Col i n a s D r WTangoCreekDr W Laughton Dr N S e n i t a H i l l s A v e N D o v e R i d g e P l W Kingsley S t N C h o p i n A v e N Tango Rapids Way N Big Cedar Ave E Comisky St E Strauss D r WSelwayRapidsLn E Everest St W Br o d e r i c k D r EBearSpringsDr E San Pedro St W Root Creek St E Quinte s s a D r W D e e r C r est St N P e n n g r o v e W a y E Joshua Tree Dr N Z a m o r a W a y W G a b l e S t E StraussCt E San Pedro St N Wild Goose Way N D o n a v a n A v e W PuzzleCreek Ct N B r i g h t An g e l P l E E n s e n a d a D r E Segundo St N G e r t i e P l W Marten Creek Dr N B o o t h A v e W Glade Creek St N R e d Hi l l s P l W CedarGrove St E Comisky St N D u v a l l A v e E Three Corners Dr N Fo x R u n W a y NWild Goose Ave WEagle Mountain Dr WPo n d Stone S t N Lolo Pass Ave E Peach Springs St E WhiteHawk St N W y m a n A v e W Grand T eton Ct E SwiftWater Dr N D i e t r i c h A v e E Tuttle St N S a g u a r o H i l l s A v e N H o p k i n s A v e W C a y u s e C r e e k D r E Pasacana St W Apgar Creek Dr E Havasu Falls St W Root Creek St N B r y n n e r A v e E Grand Canyon St W Peach Springs St E Almos St N C h i m n e y P e a k A v e E Ir o n s t o n e D r E Handel St N Z i o n P a r k A v e N Isl a A v e W C aine St E Tuttle Ct E SanPedroCt N R a t h b o n e A v e N T i m b e r l i n e W a y W Pachino St N S u m m i t W a y W Salerno St E Territo r yDr W D r e y f u s s S t E RedwickCt WApgarCreekLn N S c h u b e r t A v e N P i n e r y C a n y o n A v e E Bonita Canyon St W G ladeCreekDr E Martello Ln WAnatoleSt W Tida St E Lockhart Ln W Kelly Creek Dr W RootCreek St N K e a t o n A v e E H andel Ct E Commander St ETownline Way E YuccaCanyonSt E Senita Canyon St N S c h u b e r t A v e WKingsley Dr E Comisky St EPaintedHillsDr W Bacall St WDivideCreekSt E Ocelot Ct W LosFlores Ct N Silver Maple Ave E T h r e e C o r n e r s D r W Cedar Grove St N L o n g L a k e W a y E ChollaHills St N S p u r w i n g W a y E Silver Torch St N M i t c h u m A v e N S p a n g l e A v e N R o s a S p r i n g s A v e W I s l a n d G r e e n D r E Segundo St E Handel St N P a r k Cr o s s i n g A v e N B e a h a m A v e N M i g u e l A v e N P e p p a r d A v e WLosFlor e s D r N S a g u a r o H i l l s P l E Ocelot St WAstonteDr E Pasacana St N M i d n i g h t H a z e W a y W BrandtLn N S c h u b e r t A v e W Barrymore D r N E l k R a n c h L n W Milazzo St W Ditch Creek Dr W Divide Creek St W Arnaz St W Everest Ln W C o l b e r t S t W P i c k f o r d S t W V a l e n t i n o S t W C a g n e y S t W Grand Teton Dr WCedarGroveSt W P u z z l e Creek Dr WHitchcock St WRattlesnakeDr WGladeCreekSt WThreeLakesDr N P e p p a r d A v e N D i a m o n d C r e e k A v e N M i n k C r e e k A v e N M o r p h e u s W a y N R i o V i s t a W a y N F l a t T a i l W a y N N e w s h a m Av e N Wild Goose Ave N A r l i s s A v e N R e d H i l l s A v e N T e e k e m F a l l s W a y N C l a r e t C u p W a y N Debussy W a y N W h i t e C a p L n NWild Goos e W a y N D u s t o d Av e N S w e e t V a l l e y A v e N B a c h Pl N R e d H o r s e W a y N K a r e n D r E P r o d u c e r D r E Mozart St N Z a c h a r y W a y N T i p t o n A v e N K i l t A v e N R e d H i l l s A v e N S w e e t V a l l e y P l N A b r u z z o A v e N S i l v e r El m W a y N R e d H i l l s A v e N S t a r r y N i g h t A v e N C o u g a r F l a t A v e N S a g u a r o H i l l s A v e N D e m i l l e A v e N B a r n e y L n N Lolo Pass Ave N F o x R u n W a y N J e r i c h o R d N A n n a t a Av e N Lolo Pass Wa y N J u n t u r a A v e N P o r t a g e A v e NPenncross Way N M a x i m u s W a y N B a l l i n g e r W a y N L a r k w o o d A v e WQuintaleDr N L a n g e A v e N B a c h A v e N S u n S h i m m e r A v e N S p u r w i n g Ln N M o r n i n g D e w A v e N S u n S h i m m e r W a y WWapootDr W R edgrav e D r N B e a h a m A v e N C h a n n i n g W a y N R i o L o m a s A v e N B e a h a m A v e N Stanley Creek Ave N B e a h a m A v e N A l e s t e r A v e W C a g n e y D r N M o o s e C r e e k W a y NSpurwing Way N S u n S h i m m e r A v e E D u n w oodyC t N L a r k w o o d P l N L a r k w o o d P l The intent of the MU-C designation is to integrate a variety of uses, including residential, and to avoid mainly single-use and strip commercial type buildings. Development should comply with the general MU-C MDR EXHIBIT A Paramount Subdivision – MDA H-2015-0022 5 guidelines for development in all mixed use areas and have a mix of at least 3 land use types. Residential uses should comprise a minimum of 20% of the development area at densities ranging from 6 to 15 units/acre. See pages 27-28 in the Comprehensive Plan for more information. The intent of the MDR designation is to allow smaller lots for residential purposes within City limits. Uses may include single-family homes at gross densities of 3 to 8 units/acre. Because the proposed concept plan only depicts a general use of residential and does not include a site plan of specific type or density of residential use(s), and does not incorporate a mix of uses as required in MU-C designated areas, staff recommends the DA is modified prior to development of this area to include a more detailed concept plan. This will ensure the site develops in accord with the MU-C and MDR designations. If the site is intended to develop with all residential uses as shown, an amendment to the Comprehensive Plan may be required if a mix of uses within the overall MU-C area can’t be provided. In regard to access, the UDC (11-3A-3) restricts access to collector streets when access to a local street is available. Two access points are proposed on the concept plan to the assisted living facility site via N. Fox Run Way, a collector street. Staff recommends only one access is allowed via Fox Run with other access being provided via W. Director Street, a local street, at the southern boundary of the site. Because this property is not an original parcel of record as defined by UDC 11-1A-1 and therefore is not considered a legal parcel to build upon, staff recommends the property is subdivided prior to any development occurring on the site. The concept plan shows a phased landscape buffer and multi-use pathway along Chinden Blvd. Staff does not recommend approval of the proposed phasing of these items as shown; typically, street buffers and sidewalks/pathways are required to be installed with the first phase of development along arterial streets. Staff will evaluate the proposed phasing of t hese improvements at the time of preliminary plat application; however, will most likely require the street buffers and multi-use pathway/sidewalk along Chinden Blvd. and N. Meridian Road to W. Director Street to be installed with the first phase of development. Note: In regard to the extension of W. Director Street to N. Meridian Road, the applicant states that the North Slough will be piped prior to the coming irrigation season and W. Director Street will be extended as soon as possible thereafter. Based on the submitted concept plan and staff’s analysis thereof, staff recommends the following provisions are added to the DA in addition to those listed above:  The property shall be subdivided prior to submittal of a Certificate of Zoning Compliance application or issuance of a building permit (as applicable) for any development on the site.  Only one access via N. Fox Run Way, a collector street, is allowed for the property at the southeast corner of W. Chinden Blvd. and N. Fox Run Way, north of W. Director Street.  Development of the property at the southeast corner of W. Chinden Blvd. and N. Fox Run Way where the assisted living facility is proposed shall be generally consistent with the concept plan shown in Exhibit A.4.  A modification of the development agreement is required to include a conceptual development plan for the TN-C and C-C zoned property located at the southwest corner of W. Chinden Blvd. and N. Meridian Road and at the southwest corner of W. Chinden Blvd. and N. Fox Run Way prior to submittal of a Certificate of Zoning Compliance application (if required) or issuance of any building permits. The concept plan(s) should include a site plan showing access and circulation; a mix of at least 3 land use types; and residential densities ranging from 6 to 15 units/acre in the MU-C designated area and 3 to 8 units/acre in the MDR designated area as required in the Comprehensive Plan (pgs. 27-28 and pg. 20 respectively). EXHIBIT A Paramount Subdivision – MDA H-2015-0022 6 Staff recommends approval of the proposed MDA with the provisions listed above and in Exhibit A.2 and the concept plan in Exhibit A.4. X. EXHIBITS A. Drawings/Other 1. Vicinity Map 2. Proposed Modifications to the Development Agreement 3. Legal Description for Property Annexed with Paramount Northeast (AZ-13-005) 4. Proposed Conceptual Development Plan EXHIBIT A Paramount Subdivision – MDA H-2015-0022 7 Exhibit A.1: Vicinity Map Existing DA Boundary: EXHIBIT A Paramount Subdivision – MDA H-2015-0022 8 Proposed Area to be Included in DA: XY""d""d #1 #1 N L o n g L a k e W a y W McMillan Rd E McMillan Rd E Chinden Blvd N GoddardCreek Way NCoppercloud Way N M e r i d i a n R d WCayuseCreekDr N L o c u s t G r o v e R d W Chinden Blvd N L i n d e r R d WAnatoleDr N L a n d o n C r e e k P l E SanPedroSt WWolfRapidsDr W P e c k S t W D i r e c t o r S t W Boulder Bar Dr W HavasuFallsSt W DeerCrest D r N D y v e r Av e E Handel St W V a l e n t i n o S t W C r o s b y D r W WoodwardSt W C a g n e y S t E Boulder Bar St W Pr o d u c e r D r N A r l i s s A v e E Meadow Creek Dr W Ramsbrook St W Bird Wing Dr W Heston Dr N S a g u a r o H i l l s A v e E Rio Col i n a s Dr WTangoCreekDr W Laughton Dr N S e n i t a H i l l s A v e N D o v e R i d g e P l W Kingsley S t N C h o p i n A v e N Tango Rapids Way N Big Cedar Ave E Comisky St E Strauss D r WSelwayRapidsLn E Everest St W Br o d e r i c k D r EBearSpringsDr E San Pedro St W Root Creek St E Quintes s a D r W D e e r C r est St N P e n n g r o v e W a y E Joshua Tree Dr N Z a m o r a W a y W G a b l e S t E StraussCt E San Pedro St N Wild Goose Way N D o n a v a n A v e W PuzzleCreek Ct N B r i g h t An g e l P l E E n s e n a d a D r E Segundo St N G e r t i e P l WMarten Creek Dr N B o o t h A v e W Glade Creek St N R e d Hi l l s P l W CedarGrove St E Comisky St N D u v a l l A v e E ThreeCorners Dr N Fo x R u n W a y NWild Goose Ave WEagle Mountain Dr WPo n d Stone S t N Lolo Pass Ave E Peach Springs St E WhiteHawk St N W y m a n A v e W Grand T eton Ct E SwiftWater Dr N D i e t r i c h A v e E Tuttle St N S a g u a r o H i l l s A v e N H o p k i n s A v e W C a y u s e C r e e k D r E Pasacana St WApgar Creek Dr E Havasu Falls St W Root Creek St N B r y n n e r A v e E Grand Canyon St W Peach Springs St E Almos St N C h i m n e y P e a k A v e E Ir o n s t o n e D r E Handel St N Z i o n P a r k A v e N Isla A v e W C aineSt E Tuttle Ct E SanPedroCt N R a t h b o n e A v e N T i m b e r l i n e W a y W Pachino St N S u m m i t W a y W Salerno St E Territo r yDr W D r e y f u s s S t E Redwick Ct WApgarCreekLn N S c h u b e r t A v e N P i n e r y C a n y o n A v e E Bonita Canyon St W G ladeCreekDr E Martello Ln WAnatoleSt W Tida St E Lockhart Ln WKelly Creek Dr W RootCreek St N K e a t o n A v e E Handel Ct E Commander St ETownline Way E YuccaCanyonSt E Senita Canyon St N S c h u b e r t A v e WKingsley Dr E Comisky St EPaintedHillsDr W Bacall St WDivideCreekSt E Ocelot Ct W LosFlores Ct N Silver Maple Ave E T h r e e C o r n e r s D r W Cedar Grove St N L o n g L a k e W a y E ChollaHills St N S p u r w i n g W a y E Silver Torch St N M i t c h u m A v e N S p a n g l e A v e N R o s a S p r i n g s A v e W I s l a n d G r e e n D r E Segundo St E Handel St N P a r k Cr o s s i n g A v e N B e a h a m A v e N M i g u e l A v e N P e p p a r d A v e WLosFlore s D r N S a g u a r o H i l l s P l E Ocelot St WAstonteDr E Pasacana St N M i d n i g h t H a z e W a y W BrandtLn N S c h u b e r t A v e W Barrymore D r N E l k R a n c h L n W Ditch Creek Dr W Divide Creek St W Arnaz St W Everest Ln W C o l b e r t S t W P i c k f o r d S t W V a l e n t i n o S t W C a g n e y S t W Grand Teton Dr WCedarGroveSt WPuz z l e Creek Dr WHitchcock St WRattlesnakeDr WGladeCreekSt WThreeLakesDr N P e p p a r d A v e N D i a m o n d C r e e k A v e N Mink Creek Ave N M o r p h e u s W a y N R i o V i s t a W a y N F l a t T a i l W a y N N e w s h a m Av e N Wild Goose Ave N A r l i s s A v e N R e d H i l l s A v e N T e e k e m F a l l s W a y N C l a r e t C u p W a y N Debussy W a y N W h i t e C a p L n NWild GooseWay N D u s t o d Av e N S w e e t V a l l e y A v e N B a c h Pl N R e d H o r s e W a y N K a r e n D r E P r o d u c e r D r E Mozart St N Z a c h a r y W a y N T i p t o n A v e N K i l t A v e N R e d H i l l s A v e N S w e e t V a l l e y P l N A b r u z z o A v e N S i l v e r El m W a y N R e d H i l l s A v e N S t a r r y N i g h t A v e N C o u g a r F l a t A v e N S a g u a r o H i l l s A v e N D e m i l l e A v e N B a r n e y L n N Lolo Pass Ave N F o x R u n W a y N J e r i c h o R d N A n n a t a Av e N Cool River Ave N Lolo Pass Wa y N J u n t u r a A v e N P o r t a g e A v e NPenncross Way N M a x i m u s W a y N B a l l i n g e r W a y N L a r k w o o d A v e WQuintaleDr N L a n g e A v e N B a c h A v e N S u n S h i m m e r A v e N S p u r w i n g Ln N M o r n i n g D e w A v e N S u n S h i m m e r W a y WWapootDr W R e d grav e D r N B e a h a m A v e N C h a n n i n g W a y N R i o L o m a s A v e N B e a h a m A v e N Stanley Creek Ave N B e a h a m A v e N A l e s t e r A v e W C a g n e y D r N M o o s e C r e e k W a y NSpurwing Way N S u n S h i m m e r A v e E D u n w oody C t N L a r k w o o d P l N L a r k w o o d P l EXHIBIT A Paramount Subdivision – MDA H-2015-0022 9 Exhibit A.2: Proposed Modifications to the Development Agreement Include the following provisions in the amended development agreement as required by City Council with AZ- 13-005: 1. Direct access to W. Chinden Boulevard and N. Meridian Road is prohibited in accord with UDC 11- 3A-3 and 11-3H-4B. 2. A minimum 35-foot wide street buffer is required along W. Chinden Boulevard, an entryway corridor, on the C-C and TN-C zoned properties and shall be landscaped in accord with the standards listed in UDC 11-3B-7C. 3. A 10-foot wide multi-use pathway shall be provided within the street buffers along W. Chinden Boulevard, along the west side of N. Meridian Road, and along the north side of W. Director Street within a public use easement in accord with UDC 11-3H-4C.4. The public use easement shall be submitted to the City, approved by City Council and recorded prior to issuance of any Certificate of Zoning Compliance or, approval of any subsequent land use application for the C-C and TN-C zoned properties. 4. Right-of-way (ROW) shall be dedicated in the amount required by the Idaho Transportation Department for the expansion of W. Chinden Boulevard with development of the C-C and TN-C zoned properties adjacent to Chinden Boulevard. Include the following additional provisions in the amended development agreement, as recommended by staff and as approved by City Council: 5. The property shall be subdivided prior to submittal of a Certificate of Zoning Compliance application or issuance of a building permit (as applicable) for any development on the site. A Certificate of Zoning Compliance and subsequent building permit application is allowed to be submitted for approval prior to recordation of the first phase of the subdivision where the assisted living facility is proposed to develop. The first phase final plat shall be recorded prior to issuance of the Certificate of Occupancy for the assisted living facility. 6. Only one The two accesses via N. Fox Run Way, a collector street, is are allowed as depicted on the site plan for the property at the southeast corner of W. Chinden Blvd. and N. Fox Run Way, north of W. Director Street. 7. Development of the property at the southeast corner of W. Chinden Blvd. and N. Fox Run Way where the assisted living facility is proposed shall be generally consistent with the concept plan shown in Exhibit A.4. 8. A modification of the development agreement is required to include a conceptual development plan for the TN-C and C-C zoned property located at the southwest corner of W. Chinden Blvd. and N. Meridian Road and at the southwest corner of W. Chinden Blvd. and N. Fox Run Way prior to submittal of a Certificate of Zoning Compliance application (if required) or issuance of any building permits. The concept plan(s) should include a site plan showing access and circulation; a mix of at least 3 land use types; and residential densities ranging from 6 to 15 units/acre in the MU-C designated area and 3 to 8 units/acre in the MDR designated area as required in the Comprehensive Plan (pgs. 27-28 and pg. 20 respectively). 9. Construction of the street buffer landscaping and associated 10-foot wide multi-use pathways along W. Chinden Blvd. and N. Meridian Road shall be constructed with the final plat for each phase of development. EXHIBIT A Paramount Subdivision – MDA H-2015-0022 10 Exhibit A.3: Legal Description for Property Annexed with Paramount Northeast (AZ-13-005) EXHIBIT A Paramount Subdivision – MDA H-2015-0022 11 EXHIBIT A Paramount Subdivision – MDA H-2015-0022 12 EXHIBIT A Paramount Subdivision – MDA H-2015-0022 13 EXHIBIT A Paramount Subdivision – MDA H-2015-0022 14 Exhibit A.4: Proposed Conceptual Development Plan NOTE: The “phased” landscape buffer and multi-use pathway depicted on the concept plan is not approved with this application. The proposed phasing will be evaluated with the preliminary plat application.