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Earl Glenn Subdivision RZ MDAADA COUNTY RECORDER Christopher D. Rich 2016.021940 BOISE IDAHO Pgs=42 VICTORIA BAILEY 03/17/2016 09:45 AM MERIDIAN CITY NO FEE IIIIIIIIII I IIIIIIIIIIIIIIIII I�IIIIII II IIIIIII I III 00204102201600219400420424 ADDENDUM TO DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Brinegar Investments, LLLP, Owner/Developer THIS ADDENDUM TO DAIELOPMENT AGREEMENT is dated this 1IT day of t��,,� �,h� , 201"ADDENDUM"), by and between City of Meridian, a municipal corporation of the State of Idaho ("CITY"), whose address is 33 E. Broadway Avenue, Meridian, Idaho 83642 and Brinegar Investments, LLLP, ("OWNER/DEVELOPER"), whose address is 1925 N. Locust Grove Road, Meridian, Idaho 83646. RECITALS A. CITY and OWNER/DEVELOPER entered into that certain Development Agreement that was recorded on May 21, 2007 in the real property records of Ada County as Instrument No. 107071997 ("DEVELOPMENT AGREEMENT") on the parcel of property as described in Exhibit A, attached hereto. B. CITY and OWNER/DEVELOPER now desire to amend the Development Agreement, which terms have been approved by the Meridian City Council in accordance with Idaho Code Section 67-6511. 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, except as specifically amended as follows: 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY. 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions: ADDENDUM TO DEVELOPMENT AGREEMENT - MDA 15-006 — EARL GLEN Page 1 of 4 2. 4 30 foot ii,,We land-seape bi&rshall be installed adjacent to the existinghome along E. Ak-Mllan ReaJ,- the remainder of the bi&r shall be 35 fieet wide -a-Y applieant shall 19povide 4 4 additional shrubs and 3 additional tyees ovel. an above ,,, rte U ntom i ,. the A.f A f,'1 a Road styeet a ff U t�LVV YI+ l+VI.L (. / Ll1 LLL/ L//LL lIGJ L/L , 4. The 614veway on Lot 4 ; Bloek 1 shall be designed wit -h a turn around so that d-rawing ofs-aid drivewt#, and tm-nareund shall be ineluded as an Exhibit in the A4. (See &hibit A 1) 5. Future attaehed hemes within the subdivision shall eomp4, with the elevation approved at the City Gouneil heaping on Mareh 6, 2007-,- a ee", of sai elevations- � L 11 a „1, d 7� n exhibit in the Il A (See �, L 1„t A � 1 VLt+YI.LLLV/LU U/Lt.LLL VL L%LIiL LL I.LG 4L 4LJ 6. Development of this site shall substantially comply with the preliminary plat, landscape plan and the conceptual residential building elevations shown in Exhibit,4 of the Findings of Fact and Conclusions of Law dated September 1, 2015. 7. The developer shall provide a minimum of 0.79 acres of open space and three (3) amenities on Lot 4, Block 2 as shown on the landscape plan including a covered picnic area, horseshoe pit and a pathway. The use of the common open space and site amenities will be for the benefit of the entire development. 2. That Owner/Developer agrees to abide by all ordinances of the City of Meridian and the Property shall be subject to de -annexation if the Owner/Developer, or their assigns, heirs, or successor shall not meet the conditions of this Addendum, and the 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 Owner/Developer 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 have 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, ADDENDUM TO DEVELOPMENT AGREEMENT - MDA 15-006 — EARL GLEN Page 2 of 4 5. This Addendum sets forth all promises, inducements, agreements, condition, and understandings between Owner/Developer 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 Owner/Developer and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this 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. 7. Except as amended by the Addendums, all terms of the previous Agreements shall remain in full force and effect. ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this Addendum and made it effective as hereinabove provided. Attest: Jaycek. o-TI'm-mi-a OWNER/DEVELOPER: BRINEGAR INVESTMENTS, LLLP A _ CITY OF MERIDIAN V �^ j Cily ,r y �, dClA 610 �F Thr 71t@ASVR4. Weerd ADDENDUM TO DEVELOPMENT AGREEMENT - MDA 15-006 — EARL GLEN Page 3 of 4 STATE OF IDAHO ) ss. County of Ada ) On this .,4 day of , 201f, before me, the undersigned, a No x Public in and for said State, personally appeared ®ev4Mknown or identified to me to be the G f Brinegar Investments, LLLP, the person who executed the instrument on behalf of said Idaho partnership. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ee•` ti0PE R/ Qso .• pTARy••• St e 000400164"S" STATE STATE OF IDAHO ) ss County of Ada ) � r Notary Public for Idaho Residing at:-tj1 My commission expires: 15 r ! N On this (� day of aY c lti 201' before me a Notary Public, personally appeared Tammy de Weerd and 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. .... pp -Q �Y •'• Notary Public for Idaho 4 • Residing at:�� ) (� O r Commission expires: ti�: ADDENDUM TO DEVELOPMENT AGREEMENT - MDA 15-006 — EARL GLEN Page 4 of 4 CITY OT MEERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER E IDIANt-, (��Zwu 1 1i A �,11 . In the Matter of the Request for Rezone of 1.65 Acres of Land with an R-15 Zoning District; Preliminary Plat Consisting of Seventeen (17) Single Family Residential Building Lots; Three (3) Multi -family Lots and Three (3) Common Lots on Approximately 4.65 Acres in the 11-8 and Proposed R-15 Zoning Districts; Conditional Use Permit for a Multi --family Development Consisting of Sixteen (16) Residential Dwelling Units AND Development Agreement Modification to Amend the Development Plan from a Single Family Development to a Mix of Single Family and Multi -family, for Earl Glen Subdivision, Located on the North Side of E. McMillan Road, East of N. Locust Grove Road, by Brinegar Investments, LLLP. Case No(s), RZ-15.009; PP -15-011; CUP -15-015 and MDA -15-006 For the City Council Hearing Date of: August 18, 2015 (Findings on September 1, 2015) A. Findings of Fact 1, Hearing Facts (see attached Staff Report for the hearing date of August 18, 2015, incorporated by reference) 2, Process Facts (see attached Staff Report for the hearing date of August 18, 2015, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of August 18, 2015, incorporated by reference) 4, Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of August 18, 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, CITY Or MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASENO(S). RZ-15-009; PP -15-011; CUP -15-015 &MDA -1 5-006 -1- 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 of the annexation and zoning request in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subj ect to the Conditions of Approval all in the attached staff report for the hearing date of August 18, 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 Rezone; Preliminary Plat; Conditional Use Permit and Development Agreement Modification is hereby approved per the conditions of approval in the attached Staff Report for the hearing date of August 18, 2015, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two (2) years of the approval of the preliminary plat or the combined preliminary and final plat or short plat (UDC 11 -6B -7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two (2) years, may be considered for final approval without resubmission for preliminary plat approval (UDC 11 -6B -7B). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-613-7.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 Conditional Use Permit Duration Please take notice that the conditional use permit, when granted, shall be valid for a maximum period of two (2) years unless otherwise approved by the City. During this time, the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER, CASE NO(S). RZ-15-009; PP -15-011; CUP -15-015 & MDA -15-006 -2- requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting, the final plat must be signed by the City Engineer within this two (2) year period. Upon written request and filed by the applicant prior to the termination of the period in accord with 11 -5B -6.G.1, the Director may authorize a single extension of the time to commence the use not to exceed one (1) two (2) year period. Additional time extensions up to two (2) years as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the conditional use comply with the current provisions of Meridian City Code Title 11 (UDC 11 -5B -6F). Notice of 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 August 18, 2015 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-15-009; PP -15-011; CUP -15-015 & MDA -15-006 -3- By action of the City Council at its regular meeting held on the 2015. COUNCIL PRESIDENT CHARLIE ROUNTREE COUNCIL VICE PRESIDENT KEITH BIRD COUNCIL MEMBER DAVID ZAREMBA COUNCIL MEMBER JOE BORTON COUNCIL MEMBER LUKE CAVENER day of , VOTED_�, VOTED. VOTED-1j1-,1--- VOTED OTED VOTED VOTED COUNCIL MEMBER GENESIS MILAM VOTED MAYOR TAMMY de WEERD VOTED (TIE BREAKER) Mayor Tam y e Weerd Attest: :lay0ee001man City Clerk �tit�sf-u n uc'Urrr City of E IDIAN&--- SEAL rEA y`1ht IRf ���Re � Copy served upon Applicant, The Planning Division, Public Works Department and City Attorney. By: Dated:_ a ,�` City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S), RZ-15-009; PP -15-011; CUP -15-015 & MDA -15-006 -4- EXHIBIT A 1616 S South Shoshone St. A Boise Idaho A 83705 A 208.342-7067 A 208-342-7437 FAX RE -ZONE DESCRIPTION A PAROL OF LAND BEING PART OF THE SOUTHWEST % OF THE SOUTHWEST 1/a OF SECTION.2% TOWNSHIF4 NORTH, RANGE 1 EAST, BoiSEMERiDIAN, CITY OF MER101AN, ADA COUNTY, IDAHO A parcel of Land being Part of the Southwest % of the Southwest 1 of Section 29, Township 4 North, {range -1 Cast, Boise Meridian, City of Meridian, Ada County, Idaho, more particularly described as follows; A. COMMENCING at the found Zinc Cap Monument maridng the Southwest cornerof Section 29, from which a found 518" rebar with set Aluminum Cap marking the South Quarter Corner of Section 29 bears South $9'12'29" Cast, a distance of 2653.18 feet; B. thence along the Southerly lino of Section 29, South 89°12'2.9" East, a distance of 485.65 feet to the Southerly extension of the Westerly line of the parcel described in Warranty Deed Instrument No, 110010666, Ada County Records, the POINT OF BEGINNING of the parcel herein described; C. thence along said Westerly line North 02°12'20" Cast, a distance of 2099 feet; D. thence South 89`120' C=ast, a distance of 63.78 feet to a point of tangency in the center line of North Beethoven Avenue; E. thence continuing altmg the center line of North Beethoveri Avenue the following two (2) courses; F. South 89'12'49" cast, a distance of 1IV6 feet, G. along a curve to the left having alength of 23,71 feet, a radius of 32,00 feet, a central angle of 42027'1'6", tangents of 12.0 feet and a long chord of which bears North 69'33'33" C=ast, a distance of 23,17 feet; H. thence leaving said center line, South 87044'05" East, a distance of 134.80 feel to the Easterly boundary of the property described in Warranty Deed Instrument No. 110010666, Ada County Records; Earl Glen — RZ 15-009 — MDA 15-006 EXHIBIT A 1, thence along said Easterly boundary, South 02°15'55° West, a distanco of 214.52 feet to the Southerly line of Section 29; J. thence along said Southerly line, North 89°12'29" West, a distance of 338,55 feet to Vie POINT OF BEGINNING, This description is intended to describe a portion of the real property conveyed by Warranty ©eod Instrument No, 110010666, Ada County Records, a portion of public right- of-way, and no other property. Containing 71,910 square feet (11.650 acres) more or less. Subject to existing easements, rights-of-way, and covenants as any may exist, of record and not of record. Any modification of this description shall render it null and Pox Land Surveys, Inc.. Aaron P. flush, Project Manager, PLS 12464 END OF DESCRIPTION �G;11'p�jectit�7 L•11i d3�1-13rin�pi�r.Pq�P��j111.� 11)oecU)csceiplionctl d3 d-RIiZOV l :d1b.30-1 A.tk�c Earl Glen — RZ 15-009 — MDA 15-006 30 EXHIBIT A cuRVE TAelE CUoy LENGTH RADIUS I DELTA TANGENT CH. BEARING I CH. LENGTH _--C1 237Y _ .3280' _ 0427211C' V -4T NW33 ITIS 2317' REZONE AREA LIMITS -- PARCEL BOUNDARY LINE. SECTION LINE FXISTNG RIOH1.Or-MY LINO FUTURE PLANNEDI.OTLINtS �. SETALUMINUMCAPMONUMENT 0 FOUND ZINC CAP MONUMENT A REZONE ARUAANOWPOINY,NOTUINGSET ($0' WIOR) i --- --j tt I ' ' I I I 0�I i S 91 12' 49"E _A-x,3B7° 44' 0YE , 63.78' --1_16.78' I � N I rFi I RE -ZONE, AREA +? � (1,850AC+1} t 4 r ! r�'iIN I �iN. 29 POINT DP BEGINNING 495,65' f 338:55' 182 31 32 589012'29"E 2859,18' E. MCA4 [11, [.AN T�-OAD :RASIS OF BRARW Earl Glen — RZ 15-009 — MDA 15-006 FOX I,AND SI.RVEYS INC_ (208) 3427967 STAFF REPORT HEARING DATE: TO: FROM: SUBJECT: EXHIBIT �'B August 18, 2015 Mayor and City Council Bill Parsons, Planning Supervisor Josh Beach, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 RZ-15-009; PP -15-011; CUP -15-015 and MDA -15-006 — Earl Glen L SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Brinegar Investments, LLLP, has submitted an application for the following: 1) a rezone of 1.65 acres of land from R-8 (Medium -density Residential) zoning district to the R-15 (Medium high-density Residential) zoning district; 2) a preliminary plat consisting of seventeen (17) single-family residential lots, three (3) multi -family residential lots and three (3) common lots on approximately 4.65 acres of land in the R-8 and proposed R-15 zoning districts; 3) a conditional use permit to develop a multi -family development consisting of sixteen (16) dwelling units (two (2) four Alex structures and one (1) eight Alex structure); and 4) a development agreement modification to change the development plan from a single family development to a mix of single family and multi -family. See Section VII and Analysis, for more information. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed RZ, PP, CUP and MDA applications based on the Findings of Fact and Conclusions of Law in Exhibit C of the Staff Report, The Meridian Planning and Zoning Commission heard these items on July 16, 2015. At the public hearing, the Commission voted to recommend approval of the subiect RZ, PP and CUP requests. a. Summary of Commission Public Hearing: i. In favor: Lance Warnick ii. In opposition: None W. Commenting: None iv. Written testimony: None v. Staff presenting application: Bill Parsons vi. Other staff commenting on application: None b. Key Issue(s) of Discussion by Commission: i. None c. Key Commission Change(s) to Staff Recommendation: L None d. Outstanding Issue(s) for City Council: i. None Earl Glen —RZ-15-009; PP -15-011; CUP -15-015; MDA -15-006 PAGE 1 EXHIBIT A MeridianThe 'ty Council heard these items on August 18, 2016. At the public hearing. the Coun i approved the subiect RZ. PP. CUP and MDA reauest a. 11-8-FAW Y k3JIK3\�lYi2[Nl iL In opposition: None UL Commentin Written _ IJ_1 _I_ ► I1•. y� Staff presenting application: '-ll P 11- _ staff commenting on application: None b. Key Issues of Discussion b 1 1_ . _►_ • Council ChanL-es1 Staff/Commission L ' 1 m_I_l' 1 1 : - 11. \�a III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Numbers RZ-15-009; PP - 15 -011; CUP -15-015 and MDA -15-006 as presented during the hearing on August 18, 2015, with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Numbers RZ-15-009; PP -15- 011; CUP -15-015 and MDA -15-006, as presented during the hearing on August 18, 2015, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Numbers RZ-15-009; PP -15-011; CUP -15-015 and MDA -15-006 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 (parcel #S0529336265): The subject property is located on the north side of E. McMillan Road, east of N. Locust Grove Road in the southwest ''/a of Section 29, Township 4 North, Range 1 East. B. Applicant/Owner: Brinegar Investments, LLLP 1925 N. Locust Grove Road Meridian, Idaho 83646 C. Representative: Lance Warnick, Aspen Engineers 485 W. Main Street, Suite B Kuna, ID 83634 D. Applicant's Statement/Justification: Please see applicant's narrative for this information. V. PROCESS FACTS A. The subject applications are for a rezone, preliminary plat, conditional use permit and development agreement modification. Except for the development agreement modification request, which only Earl Glen — RZ-15-009; PP -15-011; CUP -15-015; MDA -15-006 PAGE 2 EXHIBIT A requires City Council review, a public hearing is required before the Planning and Zoning Commission and City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: June 29, and July 13, 2015 (Commission); July 27, and August 10, 2015 (Council) C. Radius notices mailed to properties within 300 feet on: June 25, 2015 (Commission); July 23, 2015 Council D. Applicant posted notice on site by: July 6, 2015 (Commission); August 7, 2015 (Council) VI. LAND USE A. Existing Land Use(s): The site consists of a single family residence that will be removed upon development of the site. The property is currently zoned R-8. B. Character of Surrounding Area and Adjacent Land Use and Zoning: North: County residence and Sheridan Place Subdivision, zoned RUT in Ada County and R-8 South: Idaho Power Substation, zoned R-8 East: Sheridan Place Subdivision, zoned R-8 West: Vacant and developed commercial property, zoned C -N C. History of Previous Actions: In 2006, the property received annexation and preliminary plat approval (AZ -06-052 and PP -06-052) to develop 26 residential lots with a mix of townhomes and single family detached homes in the R-8 zoning district. A development agreement was required as a provision of annexation, recorded as Instrument #107071997, and restricts the use of the property to the mix of residential uses as noted above. The previously approved preliminary plat has since expired. D. Utilities: a) Location of sewer: This development will connect to the existing sanitary sewer main near the southwest corner of the development. b) Location of water: This development will connect to the existing water mains along the south, west and north boundaries. c) Issues or concerns: None E. Physical Features: 1. Canals/Ditches Irrigation: No major facilities exist on this site. 2. Hazards: Staff is not aware of any hazards that exist on the property. 3. Flood Plain: This property does not lie within the Floodplain Overlay District. VII. COMPREHENSIVE PLAN ANALYSIS This property is designated Medium Density Residential (MDR) on the Comprehensive Plan Future Land Use Map (FLUM). The MDR designation allows smaller lots for residential purposes within City limits. Uses typically include single family homes at densities of 3 to 8 dwelling units per acre. The proposed preliminary plat includes seventeen (17) single-family lots and three (3) multi -family residential lots on approximately 4.65 acres. The applicant has submitted a concurrent rezone and conditional use permit application to develop the proposed multi -family lots (R-15 portion of the property) with sixteen (16) dwelling units. The overall gross density of the project is 7.10 dwelling units to the acre. Staff finds that Earl Glen — RZ-15-009; PP -15-011; CUP -15-015; MDA -15-006 PAGE 3 EXHIBIT A the proposed development is consistent with the MDR land use designation and UDC density requirements of the current R-8 and the requested R-15 zoning districts. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed use (staff analysis in italics): "Require landscape street buffers for new development along all entryway corridors." (2.01.02E) A 35 foot wide landscape buffer is required along E. McMillan Road, designated an entryway corridor, in accord with the standards listed in UDC I1 -3B -7C Landscape Buffers along Streets. "Provide for a wide diversity of housing types (single-family, modular, mobile homes and multi -family arrangements) and choices between ownership and rental dwelling units for all income groups in a variety of locations suitable for residential development." (3.07.03B) Staff finds developing this property with a mix of residential uses provides housing diversity in this part of the City which is currently lacking and the increased density is necessary to support the existing and frtture commercial development to the west. "Restrict private curb cuts and access points on collectors and arterial streets." (3.06.02D) The plan as submitted depicts the extension of local street (N. Beethoven Ave) and no access is proposed or approved via E. McMillan Road in accord with UDC 11-3A-3. For the multi family portion of the development the applicant will have to execute a reciprocal cross access and shared parking agreement between Lots 12-14, Block Ito ensure Lot 13, Block I has local street access. "Review new development for appropriate opportunities to connect local roads and collectors to adjacent properties (stub streets)." (3.03.020) The applicant is proposing to extend E. Roaring Creek Street to N. Beethoven Avenue to provide another means of access to the development and provide Sheridan Place Subdivision access to the commercial development to the west in accord with this policy. "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) City services are readily available to serve the proposed development in accord with UDC I1 -3A-21. "Require all new and reconstructed parking lots to provide landscaping in internal islands and along streets." (2.01.04B) Perimeter landscaping and internal planter islands are proposed in the new parking areas however, they must comply with the landscape requirements in UDC 11 -3B -8C. "Locate high-density development, where possible, near open space corridors, or other permanent major open space and park facilities, Old Town, and near major access thoroughfares." (3.07.02L) The proposed development is located adjacent to commercial development and McMillan Road, designated an arterial roadway which is currently tinder construction and being widened to 5 lanes. "Elevate quality of design for houses and apartments; evaluate the need for design review guidelines for single-family homes." (3.07.020) The multi family structures within the proposed development will be subject to the design standards in UDC 11-3A-19 and the guidelines in the Meridian Design Manual. "Require usable open space to be incorporated into new residential subdivision plats." (3.07.02A) Earl Glen — RZ-15-009; PP -15-011; CUP -15-015; MDA -15-006 PAGE 4 EXHIBIT A The applicant's proposal is to develop an integrated residential development that shares common open space and site amenities. Since the proposed development is under five (5) acres in size, common open space is not required for the single family portion of the development. However, the speck use standards for the multi family development require common open space and site amenities based on the square footages and the number of units. As proposed, the landscape plan depicts 0.79 acres of common open space and three (3) amenities (only two are required) in accord with UDC I1-4-3-27. Based on the analysis above, staff finds the proposed development is consistent with the Comprehensive Plan. VIII. UNIFIED DEVELOPMENT CODE (UDC) A. Purpose Statement of Zone(s): Purpose Statement of the Residential Districts (R-8 and R-15): The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. B. Schedule of Use: UDC Table 11-2A-2 lists the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the R-8 and R-15 zoning districts. Any use not explicitly listed, or listed as a prohibited use is prohibited. The proposed single family detached dwellings are principally permitted in the R-8 zoning district; the proposed multi -family development is listed as a conditional use in the R-15 zoning district. The specific use standards listed in UDC 11-4-3-27 for multi -family developments apply to a portion of the development. C. Dimensional Standards: Development of the site shall comply with the dimensional standards listed in UDC 11-2A-6 and UDC 11-2A-7 for the R-8 and R-15 zoning districts. D. Landscape Standards: 1. Street buffer landscaping shall be installed in accordance with the standards listed in UDC Table 11- 2A-7 and UDC 11 -3B -7C. 2. Parking lot landscaping: All parking lot landscaping shall comply with the standards listed in UDC 11 -3B -8C. 3. The proposed pathway shall comply with the design standards in accord with UDC 11-3A-8. 4. Common open space and site amenities are required to be provided on the site in accord with the requirements listed in 11-4-3-27C and 11-4-3-27D. E. Subdivision Design and Improvement Standards: The subdivision must comply with the subdivision design standards outlined in UDC 11-6C-3. F. Off -Street Parking: Off-street parking is required in accord with UDC Table 11-3C-6 for single-family and multi -family dwellings. G. Structure and Site Design Standards: The proposed multi -family development must comply with the design standards in accord with UDC 11-3A-19. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: DEVELOPMENT AGREEMENT MODIFICATION (MDA) AND REZONE (RZ): Per the recorded DA, the property is limited to developing with single family attached and detached homes. The applicant proposes to rezone 1.65 acres of land from the R-8 zoning district to the R-15 zoning district and amend Earl Glen — RZ-15-009; PP -15-011; CUP -15-015; MDA -15-006 PAGE 5 EXHIBIT A the recorded DA to develop the three (3) proposed multi -family structures requested with the concurrent CUP application. The applicant's proposed changes to the DA are attached as Exhibit A.7. As part of the amendment to the DA, the applicant has requested that the open space approved with the proposed development be allowed to count towards the required open space when the owner develops the property to the north which is under the same ownership. Because the northern property is not concurrently proposed for annexation into the City and does not having conceptual development plans, staff is not amenable to the applicant's request. However, staff would entertain this proposal if/when the applicant request annexation of the properties north of the proposed development. The legal description submitted with the application, included in Exhibit C, shows the boundaries of the property proposed to be rezoned. PRELIMINARY PLAT (PP): The proposed preliminary plat consists of seventeen (17) single-family residential building lots, three (3) multi -family residential lots and three (3) common lots on approximately 4.65 acres of land in the existing R-8 and the proposed R-15 zoning districts. The average lot size proposed for the development is 5,849 square feet. The gross density of the development is proposed at 7.10 dwelling units per acre consistent with the FLUM designation of MDR. Dimensional Standards: The proposed plat is required to comply with the dimensional standards of the R-8 and R-15 zoning districts listed in UDC Tables 11-2A-6 and 11-2A-7. Staff has reviewed the proposed plat and found the plat to comply with the minimum street frontage and lot size requirements of the applicable districts. Existing Structures: There is an existing home on the site that is required to be removed prior to signature on the final plat by the City Engineer. Access: Access to this development is proposed from the extension of N. Beethoven Avenue and E. Roaring Creels Street. Direct lot access via E. McMillan Road is not proposed or approved with this application. The internal streets are proposed as a reduced street section (48 feet of right-of-way; 34 feet between curbs). Staff is supportive of the public street access and reduced street sections proposed for the development. For the multi -family portion of the development the applicant will have to execute a reciprocal cross access and shared parking agreement between Lots 12-14, Block Ito ensure Lot 13, Block 1 has local street access in accord with UDC 11-3A-3. The applicant must include a note on the face of the final plat that details this requirement or provide a separate recorded copy of the agreement prior to signature on the final plat. Landscaping: A 35 -foot wide street buffer is required along E. McMillan Road, an entryway corridor, per UDC Table 11-2A-7. The landscape plan submitted with the application depicts the required landscape buffer required by the UDC. Common Open Space & Site Amenities: All new single-family developments 5 acres in size or greater are required to provide open space and site amenities in accord with the standards listed in UDC 11-3G- 3. Although the development is under the 5 acre minimum, the applicant is proposing to provide 0.79 acres of common open space and three (3) site amenities to be a shared in common with the proposed multi -family development and the single family development. See the multifamily common open space and site amenities for more detail. Earl Glen — RZ-15-009; PP -15-011; CUP -15-015; MDA -15-006 PAGE 6 EXHIBIT A Fencing: The applicant is proposing 4 -foot and 6 -foot tall vinyl fencing on the submitted landscape plan. Fencing adjacent to interior common open space areas and pathways is restricted to 4 -feet in height if solid material is used and 6 feet in height if open vision material is used, in accord with UDC 11-3A-7. The fencing plan shown on the submitted landscape plan complies with the UDC. Sidewalks: UDC 11-3A-17 requires detached sidewalks to be constructed along all arterial streets. With the recent improvements to the intersection, a 5 -foot wide detached sidewalk was constructed along E. McMillan Road. However, the existing residence has an existing driveway to McMillan Road that must be removed with the installation of the landscape buffer. The applicant is also proposing to construct 5 -foot wide attached sidewalk adjacent to N. Beethoven Avenue and E. Roaring Creek Street in accord with the UDC standards. Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28. CONDITIONAL USE PERMIT (CUP): A CUP is requested for a multi -family development in the proposed R-15 zoning district as required by UDC Table 11-2A-2. The multi -family development is proposed to consist of sixteen (16) dwelling units consisting of three (3) structures (one eight-plex and two four-plexes); each on individual lots. Unit mix will consist of eight (8) two bedroom units and eight (8) three bedroom units. Specific Use Standards: The specific use standards for multi -family developments listed in UDC 11-4- 3-27 apply to development of this site as follows: Buildings shall provide a minimum setback of 10 feet, unless a greater setback is otherwise required by the UDC. The foundations of the multi family structures have a greater setback than 10 feet but several of the front porch columns are located right at the 12 foot setback in compliance with the R-15 dimensional standards. Service areas: On-site service areas, outdoor storage areas, waste storage, disposal facilities, and transformer or utility vaults shall be fully screened from view from any public street. The proposed trash enclosure is located near the street and will be highly visible. Further, the submitted plans do not depict the location of any transformers or mechanical equipment. With CZC and DES application, the applicant must demonstrate compliance with all of the aforementioned requirements. A minimum of 80 square feet (s.f.) of private useable open space is required to be provided for each unit. The submitted plans depict balconies in excess of 80 sf in accord with this provision. Developments with 20 units or more shall provide a property management office, a maintenance storage area, a central mailbox location with provisions for parcel mail that provides safe pedestrian and/or vehicular access and a directory map of the development at an entrance or convenient location for those entering the development. The requirement is not applicable because the proposed development is under 20 dwelling units. At a minimum, 350 s.£ of common open space is required for each unit containing more than 1,200 s.f, of living area. Because all of the proposed units are larger than. 1,200 square feet of living area, a minimum of 5,600 sf of common open space is required to be provided. The submitted site plan depicts approximately 0. 79 acres (34,412 s f) of common open space which Earl Glen — RZ-15-009; PP -15-011; CUP -15-015; MDA -15-006 PAGE 7 EXHIBIT A is in excess of the open space required by City Code. Staff finds the applicant has provided adequate landscaping for the site. For multi -family developments with less than 20 units or more, 2 site amenities are required to be provided with at least one from each category listed in UDC 11-4-3-27D. Because sixteen (16) units are proposed, two (2) amenities must be provided for the site with at least one from each category. The applicant is proposing a covered picnic area, horseshoe pit and a 6 -foot wide pathway in Lot 4, Block 2. Staff finds the applicant complies with the site amenity requirement of the UDC. Landscaping is required to comply with UDC 11-4-3-27-F. All street facing elevations shall have landscaping along their foundation as follows: the landscaped area shall be at least 3 -feet wide and have an evergreen shrub with a minimum mature height of 24 inches for every 3 linear feet of foundation. The remainder of the area shall be landscaped with ground cover plans. The submitted landscape plan complies with this requirement. The development is required to record legally binding documents that state the maintenance and ownership responsibilities for the management of the development, including, but not limited to, structures, parking, common areas, and other development features. The applicant must submit this documentation of compliance with this requirement with the Certificate of Zoning Compliance application. Further, UDC ll-3B-7C2.a requires all residential street buffers to be on a common lot maintained by a homeowner's association. Parking: For multi -family developments, off-street parking is required in accord with the standards listed in UDC Table 11-3C-6 as follows: ➢ The applicant is proposing to construct a mix of 2 and 3 bedroom units therefore; 2 parking spaces are required for each unit; at least 1 in a covered carport or garage. Based on the number of units (16 dwelling units), a total of thirty-two (32) parking stalls are required; sixteen (16) covered and sixteen (16) open spaces. A total of 33 stalls are proposed for the site in accord with the UDC. A minimum of one bicycle parking space for every 25 proposed vehicle spaces or portion thereof is required to be provided on the site. The applicant is proposing to install (2) bike racks in the parking area of the proposed development consistent with this requirement. With the submittal of the CZC and DES application, the applicant must provide a detail of the proposed bike rack. Landscaping: Parking lot landscaping is required to be provided in accord with the standards listed in UDC 11 -3B -8C. In the northwest corner of the parking lot proposed for Lot 14, Block 1, the landscape buffer width is under the 5 foot minimum (4.80 feet). With the submittal of the certificate of zoning compliance application, the applicant must revise the landscape buffer to comply with UDC 11 -3B -8C. Building Elevations: Conceptual building elevations were submitted for both the single family homes and the multi -family structures in this development as shown in Exhibit A.6. Staff is supportive of the proposed design features portrayed with the elevations. Design features include a mixture of wood and brick siding, stone wainscot, covered front porches, decorative columns, pop -outs, decorative corbels, window trim and varying roof planes. Staff is supportive of the proposed elevations. Future single family detached homes constructed within the subdivision must comply with the elevations attached in Exhibit A.6 and refinement to the multi- family structures will occur during the review of the future CZC and DES application in accord with the standards below. The applicant has not provided any elevations for the proposed carports. Staff recommends that the proposed carports be painted and/or powdered coated to complement the color scheme of the proposed development. Earl Glen — RZ-15-009; PP -15-01 l; CUP -15-015; MDA -15-006 PAGE 8 EXHIBIT A Certificate of Zoning Compliance (CZC) and Design Review (DES): A CZC and DES application is required to be submitted to the Planning Division prior to issuance of building permits for any of the multi -family lots. Future multi -family structures on the site must comply with the design standards listed in UDC 11-3A-19 and the guidelines contained in the Meridian Design Manual. Staff recommends approval of the proposed RZ, PP, CUP, and MDA applications with the recommended conditions of approval in Exhibit B. IX. EXHIBITS A. Drawings/Other 1. Vicinity Map 2. Legal Description and Exhibit Map for Rezone Area 3. Proposed Preliminary Plat (dated: 05/19/15) 4. Proposed Landscape Plan (dated: 05/20/15) 5. Proposed Site Plan (dated: 05/19/15) 6. Conceptual Building Elevations 7. Applicant's Proposed Changes to Development Agreement B. Agency and Department Comments/Conditions C. Required Findings from Unified Development Code Earl Glen — RZ-15-009; PP -15-011; CUP -15-015; MDA -15-006 PAGE 9 Exhibit AJ: Vicinity Map Vicinity Map EXHIBIT A 0 0.175 0.35 Miles Print Date: 9122!2014 Vicinity Map Legend Parcels -Meridian Print Date: 9/2212014 Cr E IDIAN =- 0 0.175 0.35 Miles IR F The information shmm on this mop Is compiled from various sourws and is subject to constant revision. The City of Meridian makes no wananty or guarantee as to the content, aocu my, Gmetinass, or completeness of any ofthe data provided, and assumes no legal responslbiW for the informotion contained on this map. CNE IDIAN J -- i Earl Glen — RZ-15-009; PP -15-011; CUP -15-015; MDA -15-006 PAGE 10 EXHIBIT A Exhibit A.2: Legal Description & Exhibit Map for Rezone Area y1�4 1616 South Shoshone St. A Boise Idaho A 03705 d 200.342-7957 it 208-342-7437 FAX RE -ZONE DESCRIPTION A PARCEL OF LAND BEING PART OF THE SOUTHWEST'/a of THE SOUTHWEST % or SECTION.29, TOWNSHIP -4• NORTH, RANGE 1 FAST, BoisE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO A parcel of Land being Part of the Southwest % of the Southwest %4 of Section 29, Township 4 North, Range -1 East, Bolse Meridian, City of Meridian, Ada County, Idaho, more particularly described as follows; A. COMMENCING at the found ,Zinc Cap Monument marking the Southwest corner of Section 29, from which A found 5/8" rebar with set Aluminum Cap marking the South Quarter Corner of Section 29 bears South 89'12'269" (east, a distance of 2653.18 feet; B. thence along the Southerly line of Section 29, South 89°12'2.9" East, a distance of 485.65 feet to the Southerly extension or the Westerly line of the parcel described in Warranty Deed Instrument No. 110010666, Ada County Records, the POINT or BEGINNING of the parcel herein described,- C. escribed; C. thence along said Westerly line North 02°12'20" Cast, a distance of 209.57 feet; D. thence South 89°1249" East, a distance of 63.78 feet to a point of tangency in tite center line of North Beethoven Avenue; E. thence continuincf along the center Ilne of North Beethoven Avenue the following two (2) courses, F. South 89"12'49" Fast, a distance of 118.76 feet; G. along a curve to the left having a length of 23.71 feet, a radius of 32.00 feet, a central angle of 42°27'1x6", tangents of 12.43 feet and a long chord of which bears North 69°33'33" Cast, a distance of 23.17 feet; H. thence leaving said center line, South 87°44'05" Gast, a distance of 134.80 feet to the Easterly boundary of the property described in Warranty Deed Instrument No. 110010666, Ada County Records; Earl Glen — RZ-15-009; PP -15-01 l; CUP -15-015; MDA -15-006 PAGE 11 EXHIBIT A 1, thence along said Easterly boundary, South 02015'55" West, a distance of 2'14.52 feet to the Southerly line of Section 29; J. thence along said Southerly line, North 89012'29" West, a'distAhceOf 338.55 feet to the POINT OF BEGINNING. This description is intended to describe a portion of the real property conveyed by Warranty Deed Instrument No,110010666, Ada County records, a portion of public right- of-way, and no other properly. Containing 71,910 square feet (1.650 acres) more or less. Subject to existing easements, rights-of-way, and covenants as any may exist, of record and not of record. Any modification of this description shall render it null and Fox Land Surveys, Inc. Aaron P. Wish, Project Manager, PLS 12464 END OF DESCRIPTION 1G;til',vizcis\2tl (•111434-13rinagur.PclPmjtl�LSI 1?u�ytDcsu ipliunsll4_l4-ItIsT_OV li•IlC-3(1-Id,dtac. Earl Glen — RZ-15-009; PP -15-011; CUP -15-015; MDA -15-006 PAGE 12 30 31 EXHIBIT A CURVE'rABLE CURVELCNOTH RADIUS DELTA TANGENT CH. BEARING CH. LENGTH Ci 7.1.71' 92,00' 042'27'IC' 12.48' I N09'33'3,1`C- 1 23.17' REZONE AREA LIMITS — PARCEL BOUNDARY LINE SECTION LINE — — — GXISTNG RIGHT OF -WAY LINE — FUTURE PLANNED LOT LINES SET ALUMINUM CAP MONUMENT 0 FOUND ZINC CAP MONUMENT REZONC ARCA ANGLC POINT, NOTIIING SET �— --� .^2�AAiiihTC3 ei2 xS ST. — (50' WIVE) I 1 � 1 I i I 1 I P /r 8 9° 12' 49"E Sal° 44' 05 C- ra`f, Gt 6a 'm 118,N GN,, f 134.80' R -ZONL AREA Lo to q� Of (1.650 AC +!-) I �'ON P. —51 29POINT OF BEGINNING 485.65' ( 338.55' 1828.98'9 32 S89°1229E 2663,18' 32 E. MCMULI At -4 r(.)X I,AND SI. RWYh iNC. xf sKcrcHawo 73ASIb" Or, RRARINO (208) 342-7957 Earl Glen – RZ-15-009; PP -15-011; CUP -15-015; MDA -15-006 PAGE 13 EXHIBIT A Exhibit A.3: Proposed Preliminary Plat (dated: 05/19/15) PRELIMINARY PLAT OF EARL GLEN SUBDIVISION LOCATED IN A PORTION OF THE SW 114OFTHE SW 114 OF SECTION 29, TAN, R,I E, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO MAY 19, 2015 Z f3 --------- --- --- wumv vw a mv� w. W, 4: PRELIMINARY PLAT OF EARL GLEN SUBDIVISION LOCATED IN A PORTION OF THE SW 114OFTHE SW 114 OF SECTION 29, TAN, R,I E, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO MAY 19, 2015 Z f3 Earl Glen — RZ-15-009; PP -15-011; CUP -15-015; MDA -15-006 PAGE 14 wumv vw a mv� w. W, 4: PIAT VM PP -1 tae Earl Glen — RZ-15-009; PP -15-011; CUP -15-015; MDA -15-006 PAGE 14 EXHIBIT A Exhibit AA Proposed Landscape Plan (dated 05/20/15) ......,...........r1/ I� OVERALL SITE PLAN .,, 1 .... ,..... ENGINEER PEIALOPER u...._r.- 5M BED= LL3 AND LLA FOR LA241MAVE PLANS AND SH Mr LXM FOR DETATLO VICPIRY MAP LANDSCAPE CALCl1LAT10NS. �rore..T v.'o i..sdtr awa rtR-FYI' A•�A'R. • Nt•.lalf_i. r W..-.i.f t..f,lr r,JE. -N+ I �I� lra • � _/ wRt'tLL LTJ UT I L T I --------� ILMENN 181!'F \ i'WI .1n.ehLNdt+N.eC ttiKe: LUT 3 \ ..qT �\\ �-c'ux ttLc vNitRJ:Jtf 'r�t�t�Ly • \ _ \\`� —--_-----_'- GDOUL LANDSCAPE NO \ � TE8 may^=�y£r� �• L>r` mp-w� _x -1 4 J £%�'.0 .-.._....wn <•r F (-� II met UICE 6312= LLO FO$ OYE1iALL JIMM PLAN OM BHZW L$D rOA PLANT ,1+s�?t ( I I LTOT, LAFDOCAPR MUMS, AND j ."?? tt i II .`'T. aF PLANTING MWTADH s 4. y dy LTi N - • - LANDSCAPE PLAN r--- - - F 4�wx i4 w, k _.W — ' I II T r•' LOT :[ - 6 0 D E F e x d i L • a F 11 Ill ff ILA II LIJ Earl Glen — RZ-15-009; PP -15-011; CUP -15-015; MDA -15-006 PAGE 15 EXHIBIT A j! pla ------------- --- ------------ LIT ---- LEGEND, I —1 r L"T 71 —GENERAL LANDSCAPE NOTES AYMT=4 !g1."gU'='A= I - M iy'wr1%1%1 41 AMY Lj L . . . . . . . . . . . . MM 5EUMU LLD 3MM OVMtMZ MTM FLAN• MM LANDSCAPE PLAN 9UMT KAW NIM MAW UNT, LhNMRCAPM N0rRK AND FLAM77" DIVZAJLS 111A.2 MEND, W'T' 4 P Pi7— lei % 3-�jr- m A ixpmlan* z op LANACAPE NOTES M'Zxt v mm.: j" T + SEE SHEET LLO FOR OVERALL SITE PLAN, SHEET L11-LIM FOR DETAMM LANDSOAPE PLANS. 4t c L FL �2. �O Earl Glen —RZ-15-009; PP -15-011; CUP -15-015; NMA -15-006 PAGE 16 EXHIBIT A Exhibit A.5: Proposed Site Plan (dated 05/19/15) CONDITIONAL USE PERMIT SITE PLAN FOR MULTI -FAMILY LOTS IN"��� EARL GLEN SUBDIVISION LOCATED IN A PORTION OF THE SW 1/4 OF THE SW 1/4 OF ` r SECTION 29, TAN, R.iE, BOISE MERIDIAN, ��"9�5�; � u •;��;� ��ti�m `�- CITY OF MERIDIAN, ADA COUNTY, IDAHO °`°$ MAY 19, 2015 --, —� i----8�------ — w;" IF Ww y� II' I y I WTIe RE �.{µ' I--.—,------- - EFS" ' ILOT , I 5.050 F I Bi sora I f) :_ �__ ___--I8.141 IF aidi3 mwa f0 / I Earl Glen — RZ-15-009; PP -15-011; CUP -15-015; MDA -15-006 PAGE 17 J ca wig W e Jf3 $ cc R -MEN SUMMON d 5RE W FOR MTKAtA Clo^yis EVI -1 tdl m CONDITIONAL USE PERMIT SITE PLAN FOR MULTI -FAMILY LOTS IN"��� EARL GLEN SUBDIVISION LOCATED IN A PORTION OF THE SW 1/4 OF THE SW 1/4 OF ` r SECTION 29, TAN, R.iE, BOISE MERIDIAN, ��"9�5�; � u •;��;� ��ti�m `�- CITY OF MERIDIAN, ADA COUNTY, IDAHO °`°$ MAY 19, 2015 --, —� i----8�------ — w;" IF Ww y� II' I y I WTIe RE �.{µ' I--.—,------- - EFS" ' ILOT , I 5.050 F I Bi sora I f) :_ �__ ___--I8.141 IF aidi3 mwa f0 / I Earl Glen — RZ-15-009; PP -15-011; CUP -15-015; MDA -15-006 PAGE 17 J ca wig W e Jf3 $ cc R -MEN SUMMON d 5RE W FOR MTKAtA Clo^yis EVI -1 tdl EXHIBIT A Exhibit A.6: Proposed Building Elevations (dated: 04/24/15) 4tr er ewvAtw" • 8 Rlky. C '6-UcdhttO1`4-- 'E1 t07 -,K h^h S?WX Sips; t-yeVh twr4 - MGKIBBEN + COOPER ARCHITECTS 1ICKIOREN + COOPER ARCHITECTS GAEL GtVN ��8�Pl4'iC KWAIUM Earl Glen — RZ-15-009; PP -15-011; CUP -15-015; MDA -15-006 PAGE 18 EXHIBIT A Left elevation Right elevation Earl Glen — RZ-15-009; PP -15-011; CUP -15-015; MDA -15-006 PAGE 19 EXHIBIT A Exhibit A.7: Applicant's Proposed Changes to Development Agreement Applicant's proposed changes are shown in underline/strilce-out format; Staff's recommended changes are shown in bold underline/strilce-out. 4. USES PERMITTED BY THIS AGREEMENT: The uses allowed pursuant to this Agreement are only those uses allowed under City's Zoning Ordinance codified as Meridian City Code Title 11 which are herein specified as follows: Construction and development of X617 single family residential lots, 3 multi-familX av�l e building lots and 3 common lots on 4.65 3-.-,L7 acres in. theesed R-8 and proposed R-15 zones pertinent to this Zmoi RZ-15-009 • PP -15-011 and CUP -15-015 applications. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1 Owner/Developer shall develop the Property in accordance with the following special conditions: .. • W. .. .. „ - ���NWAIWALWMWFCM 6. Development of this site shall substantially comply with the preliminary plat, landscape plan and the conceptual residential building elevations shown in Exhibit A. 7. The developer shall provide a minimum of 0.79 acres of open space and three (3) amenities on Lot 4, Block 2 as shown on the landscape plan including a covered picnic area, horseshoe pit and a pathway. The use of the common open space and site amenities will be for the benefit of the entire development. Earl Glen — RZ-15-009; PP -15-011; CUP -15-015; MDA -15-006 PAGE 20 EXHIBIT A B. Agency and Department Comments/Conditions 1. PLANNING DIVISION 1.1.1 Prior to the rezone ordinance approval, the addendum to the recorded DA shall be executed between the City of Meridian, the property owner(s) and the developer at the time of rezone ordinance adoption. A final plat application will not be accepted until the DA is recorded. The applicant shall contact the City Attorney's Office to initiate this process. The amended DA shall be signed by the property owner and returned to the City within two (2) years of the City Council granting the rezone. The DA shall, at minimum, incorporate the following provisions: 4. USES PERMITTED BY THIS AGREEMENT: The uses allowed pursuant to this Agreement are only those uses allowed under City's Zoning Ordinance codified as Meridian City Code Title 11 which are herein specified as follows: Construction and development of 2-6 17 single family residential lots, 3 multi- amilx e building lots and 3 common lots on 4.65 5.4-7 acres in the prepese R-8 and proposed R-15 zones pertinent to"n6052 RZ-15-009• PP -15-011 and CUP -15-015 applications. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1 Owner/Developer shall develop the Property in accordance with the following special conditions: 6., Development of this site shall substantially comply with the preliminary plat, landscape plan and the conceptual residential building elevations shown in Exhibit A. 7. The developer shall provide a minimum of 0.79 acres of open space and three (3) amenities on Lot 4, Block 2 as shown on the landscape plan including a covered picnic area, horseshoe pit and a pathway. The use of the common open space and site amenities will be for the benefit of the entire development. 1.2 Site Specific Conditions of Approval 1.2.1 Development of the site shall substantially comply with the preliminary plat, site plan, landscape plan, and conceptual building elevations included in Exhibit A, the design standards listed in UDC 11-3A-19, Earl Glen – RZ-15-009; PP -15-01 l; CUP -15-015; MDA -15-006 PAGE 21 _ �- - 2-1 - o MR lie W -W, W-0 101019. IN Will . -W. ..W 1011 -• -- . .... ,. • 6., Development of this site shall substantially comply with the preliminary plat, landscape plan and the conceptual residential building elevations shown in Exhibit A. 7. The developer shall provide a minimum of 0.79 acres of open space and three (3) amenities on Lot 4, Block 2 as shown on the landscape plan including a covered picnic area, horseshoe pit and a pathway. The use of the common open space and site amenities will be for the benefit of the entire development. 1.2 Site Specific Conditions of Approval 1.2.1 Development of the site shall substantially comply with the preliminary plat, site plan, landscape plan, and conceptual building elevations included in Exhibit A, the design standards listed in UDC 11-3A-19, Earl Glen – RZ-15-009; PP -15-01 l; CUP -15-015; MDA -15-006 PAGE 21 - - o MR lie W -W, W-0 101019. IN 6., Development of this site shall substantially comply with the preliminary plat, landscape plan and the conceptual residential building elevations shown in Exhibit A. 7. The developer shall provide a minimum of 0.79 acres of open space and three (3) amenities on Lot 4, Block 2 as shown on the landscape plan including a covered picnic area, horseshoe pit and a pathway. The use of the common open space and site amenities will be for the benefit of the entire development. 1.2 Site Specific Conditions of Approval 1.2.1 Development of the site shall substantially comply with the preliminary plat, site plan, landscape plan, and conceptual building elevations included in Exhibit A, the design standards listed in UDC 11-3A-19, Earl Glen – RZ-15-009; PP -15-01 l; CUP -15-015; MDA -15-006 PAGE 21 EXHIBIT A the guidelines contained in the City of Meridian Design Manual, and the conditions in this report. 1.2.2 The developer shall comply with the specific use standards for multi -family developments listed in UDC 11-4-3-27, including but not limited to the following: a. The applicant shall record legally binding documents that state the maintenance and ownership responsibilities for the management of the development, including, but not limited to, structures, parking, common areas, and other development features, per UDC 11-4-3-27G. b. Submit elevations of the proposed carports. The required carports shall be painted and/or powder coated to complement the overall color scheme of the development. c. All roof and wall -mounted mechanical, electrical, communications, and service equipment and trash enclosure shall be screened from public streets and properties by the use of parapets, walls, fences, enclosures, or by other suitable means. 1.2.3 The preliminary plat included in Exhibit A.3, dated May 19, 2015, shall include the following: a. Construct Lot 15, Block 1 and Lot 4, Block 2 as proposed. b. Cross -access and shared parking agreement shall be noted on the plat in accord with UDC 11 -3A - 3A.2. A separate cross -access easement and shared parking agreement may be recorded. c. Direct lot access to E. McMillan Road is prohibited include a note on the final plat. d. Prior to signature on the final plat, the applicant shall remove the existing curb cut on E. McMillan Road and replace it with curb, gutter and a 5 -foot detached sidewalk in accord with ACHD standards. 1.2.4 The landscape plan included in Exhibit A.4, dated March 20, 2015, shall include the following: a. Landscaping is required to be provided along the foundation of all street facing elevations in accord with the standards in UDC 11-4-3-27-F. b. Lot 15, Block 1 and Lot 4, Block 2 shall be landscaped as proposed. c. All street buffers and common open space shall be maintained by an owner's association as set forth in UDC 11-3B-7C2b. d. All parking lot landscaping must comply with UDC 11 -3B -8C. The 4.80 landscape buffer located in the northwest corner of the parking lot proposed for Lot 14, Block 1 shall measure 5 feet in width, measured from face of curb to back of sidewalk. d. The proposed pathway on Lot 4, Block 2 shall be constructed in accord with UDC 11-3A-8. 1.2.5 The site plan included in Exhibit A.5, dated May 20, 2015, shall be revised as follows: a. Provide a detail of the bike rack. b. The applicant shall construct a minimum of thirty-two (32) parking stalls for the development as dimensioned on the site plan; a minimum of sixteen (16) stalls shall be covered. 1.2.6 The applicant shall provide, at a minimum, a covered picnic area, a horseshoe pit and a walking path as proposed. 1.2.7 The applicant shall provide a minimum of 0.79 acres of common open space as proposed. 1.2.8 The existing residence shall be removed prior to City Engineer signature on the final plat. A demolition permit shall be procured from the Building Division, 1.2.9 The applicant shall record a final plat prior to applying for a building permit. Earl Glen — RZ-15-009; PP -15-011; CUP -15-015; MDA -15-006 PAGE 22 EXHIBIT A 1.3 General Conditions of Approval 1.3.1 Comply with all bulk, use, and development standards of the R-8 and R-15 zoning districts listed in UDC Chapter 2 District regulations. 1.3.2 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set forth in UDC 11-3A-6. 1.3.3 Install lighting consistent with the provisions as set forth in UDC 11-3A-11. 1.3.4 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11-3A-15, UDC 11-3B-6 and MCC 9-1-28. 1.3.5 Comply with the sidewalk standards as set forth in UDC 11-3A-17. 1.3.6 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11 -3B -5J. 1.3.7 Provide two (2) bicycle racks as proposed in accord with the UDC 11 -3C -5C. 1.3.8 Comply with the outdoor service and equipment area standards as set forth in UDC 11-3A-12. All HVAC equipment shall be screened from the adjacent streets. 1.3.9 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle. 1.3.10 Low pressure sodium lighting shall be prohibited as an exterior lighting source on the site. 1.3.11 All fencing constructed on the site shall comply with the standards as set forth in UDC 11-3A-7. 1.3.12 Staff's failure to cite specific ordinance provisions does not relieve the applicant of responsibility for compliance. 1.3.13 Provide temporary fencing around the perimeter of the building site to contain debris during construction prior to release of building permits. 1.4 Ongoing Conditions of Approval 1.4.1 The conditional use may only be transferred or modified consistent with the provisions as set forth in UDC 11 -5B -6G. The applicant shall contact Planning Division staff regarding any proposed modification and/or transfer of ownership. 1.4.2 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. 1.5 Process Conditions of Approval 1.5.1 No signs are approved with this application. Prior to installing any signs on the property, the applicant shall submit a sign pen -nit application consistent with the standards in UDC Chapter 3 Article D and receive approval for such signs. 1.5.2 The conditional use approval shall be null and void if the applicant fails to 1) commence the use within two years as set forth in UDC 11 -5B -6F 1 or 2) gain approval of a time extension as set forth in UDC 11- 5B-6174. 1.5.3 The applicant shall submit and obtain approval of a Certificate of Zoning Compliance and Design Review application from the Planning Division, prior to submittal of any building permit application. 1.5.4 The preliminary plat approval shall be null and void if the applicant fails to either 1) obtain the City Engineer signature on a final plat within two years, or 2) gain approval of a time extension as set forth in UDC 11-6B-7. 2. PUBLIC WORKS DEPARTMENT Earl Glen — RZ-15-009; PP -15-011; CUP -15-015; MDA -15-006 PAGE 23 EXHIBIT A 2.1 Site Specific Conditions of Approval 2.1.1 A street light plan will need to be included in the final plat application. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found at http://www.meridiancity.org/public works.aspx?id=272. In addition to Type 2 lighting on internal streets, the plan will need to include a type 1 light at the intersection of Beethoven Ave. and McMillan Rd. If possible, existing conduit should be used to connect the new Type 1 light to the lighting circuit at the intersection of McMillan and Locust Grove Roads. 2.2 General Conditions of Approval 2.2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub - grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2.2 Per Meridian City Code (MCC), the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 2.2.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20 -feet wide for a single utility, or 30 -feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2" x 11" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted, reviewed, and approved prior to development plan approval. 2.2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 2.2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. 2.2.6 All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. 2.2.7 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at (208)898- 5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 2.2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. Earl Glen — RZ-15-009; PP -15-011; CUP -15-015; MDA -15-006 PAGE 24 EXHIBIT A 2.2.9 Street signs are to be in place, sanitaiy sewer and water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.2.10 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, etc., prior to signature on the final plat. 2.2.11 All development improvements, including but not limited to sewer and water, fencing, micro -paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.2.12 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 2.2.13 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.2.17 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.2.18 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3 -feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1 -foot above. 2.2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACRD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any sthuctures within the project. 2.2.20 At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.2.21 100 Watt and 250 Watt, high-pressure sodium street lights shall be required on all public roadways per the City of Meridian Improvement Standards for Street Lighting. All street lights shall be installed at developer's expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found on the city of meridian Public Works Department's website at http://www.meridiancity.org/public_works.aspx?id=272. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. 2.2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. Earl Glen — RZ-15-009; PP -15-011; CUP -15-015; MDA -15-006 PAGE 25 EXHIBIT A 2.2.23 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-221. 3. POLICE DEPARTMENT 3.1 The Police Department did not submit comments on this application. 4. FIRE DEPARTMENT 4.1 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 street 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 '/2" 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. 4.2 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. 4.3 Provide signage ("No Parking Fire Lane") for all fire lanes in accordance with International Fire Code Sections 503.4 & D103.6. 4.4 Any newly installed Fire Department connections for sprinkler or standpipes will require locking Knox box plugs. 4.5 One and two family dwellings not exceeding 3,600 square feet require a fire -flow of 1,000 gallons per minute for a duration of 2 hours to service the entire project. One and two family dwellings in excess of 3,600 square feet require a minimum fire flow as specified in Appendix B of the International Fire Code. Fire Hydrant spacing shall be provided as required by Appendix C of the International Fire Code. 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 13'6 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 10-4-2J. 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. Earl Glen — RZ-15-009; PP -15-011; CUP -15-015; MDA -15-006 PAGE 26 EXHIBIT A 4.10 Maintain a separation of 5' from the building to the dumpster enclosure as set forth in International Fire Code Section 304.3.3. 4.11 The first digit of the Apartment/Office Suite shall correspond to the floor level as set forth in International Fire Code Section 505.1. 4.12 There shall be a fire hydrant within 100' of all fire department connections as set forth in local amendment to the International Fire Code 10-4-2L. 4.13 The Fire Department will require Knoxbox Fire Department Connection caps on all FDC inlets. IFC 102.9 4.14 Buildings over 30' in height are required to have access roads in accordance with the International Fire Code Appendix D Section D105. 5. REPUBLIC SERVICES 5.1 The applicant shall contact Bob Olson, Republic Services, at 208-345-1265 or rolson(&republicservices.com to obtain approval of the dumpster design. 6. PARKS DEPARTMENT 6.1 The Parks Department did not submit comments on this application. 7. ADA COUNTY HIGHWAY DISTRICT Site Specific Conditions of Approval Replace any broken or deteriorated curb, gutter, and sidewalk on McMillan Road abutting the site. Extend Beethoven Avenue into the site tying into Roaring Creels Street as a 36 -foot street section within 50 -feet of right-of-way, tapering to a 34 -foot street section with curb, gutter, and 5 -foot wide attached concrete sidewalks within 48 -feet of right-of-way, as proposed. Provide written fire department approval for use of a reduced street section. 4. Construct a "L" shaped stub street to stub to the north and west property lines, as proposed. Install a sign at the terminus of the stub street stating that, "THIS ROAD WILL BE EXTENDED INTHE FUTURE." Construct one 25 -foot wide driveway onto Beethoven Avenue located 100 -feet east of the entry portion (north/south) of Beethoven Avenue. Pave the driveway its full width at least 30 -feet into the site beyond the edge of pavement of Beethoven Avenue. Construct one 27 -foot wide driveway onto Beethoven Avenue located 200 -feet east of the entry portion (north/south) of Beethoven Avenue. Pave the driveway its full width at least 30 -feet into the site beyond the edge of pavement of Beethoven Avenue. 7. Payment of impacts fees are due prior to issuance of a building permit. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. All irrigation facilities shall be relocated outside of the ACHD right-of-way. 2. Private Utilities including sewer or water systems are prohibited fiom being located within the ACRD right- of-way. 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 Earl Glen — RZ-15-009; PP -15-011; CUP -15-015; MDA -15-006 PAGE 27 EXHIBIT A Development Review staff for review. 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. 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. 6. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 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 DIGLINE (1-811-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACRD conduits (spare or filled) are compromised during any phase of construction. 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. 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. 10. Construction, use and property development shall be in conformance with all applicable requirements of ACHD prior to District approval for occupancy. 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. 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, Earl Glen—RZ-15-009; PP -15-011; CUP -15-015; MDA -15-006 PAGE 28 EXHIBIT A C. 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 a rezone, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; The Applicant is proposing to rezone a portion of the subject property to the R-15 zoning district. The Council finds that the proposed map amendment (zoning) is generally consistent with the MDR future land use map designation for this site. Therefore, the Council finds the amendment is consistent with the applicable provisions of the Comprehensive Plan (see section VII above). b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The Council finds that the proposed map amendment to the R-15 zoning district is generally consistent with the purpose statements of the residential districts in that it will contribute to the range of housing opportunities available within the City as well as provide interconnectivity with nearby services for those residents. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. City utilities will be extended at the expense of the applicant. The Council considered all oral and written testimony that may be provided to determine this finding. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and The Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of sei vices by any political subdivision providing services to this site. e. The annexation (as applicable) is in the best of interest of the City (UDC 11-511-3.E). Because the subject request is for a rezone, the Council finds this finding is not applicable. 2. PRELIMINARY PLAT FINDINGS: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: a. The plat is in conformance with the Comprehensive Plan; The Council finds that the proposed plat is in substantial compliance with the adopted and proposed Comprehensive Plan in regard to land use, transportation, and circulation. Please see Comprehensive Plan Policies and Goals, Section VII, of the Staff Report for more information. b. Public services are available or can be made available and are adequate to accommodate the proposed development; The Council finds that public services will be provided to the subject property upon Earl Glen — RZ-15-009; PP -15-011; CUP -15-015; MDA -15-006 PAGE 29 EXHIBIT A 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 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; The Council relied upon comments from the public service providers (i.e., Police, Fire, ACRD, etc.) to determine this finding. (See Exhibit B for more detail.) e. The development will not be detrimental to the public health, safety or general welfare; and The Council is not aware of any health, safety, or environmental problems associated with the platting of this property. ACHD considers road safety issues in their analysis. The Council considered all public testimony presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems. f. The development preserves significant natural, scenic or historic features. The Council is unaware of any natural, scenic or historic features on this site. Therefore, the Council finds that the proposed development will not result in the destruction, loss or damage of any natural, scenic or historic feature(s) of major importance. The Council referenced all public testimony presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance. 3. CONDITIONAL USE PERMIT: The Commission and Council shall review the particular facts and circumstances of each proposed conditional use in terms of the following, and may approve a conditional use permit if they shall find evidence presented at the hearing(s) is adequate to establish: a. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. The Council finds that if the site is designed in accord with the site plan in Exhibit A and the conditions of approval in Exhibit B, the site will be large enough to accommodate the proposed use and meet the dimensional and development regulations of the R-15 zoning district and the specific use standards for multi -family developments. b. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. The Council finds that the proposed multi -family residential use in the R-15 zone meets the objectives of the Comprehensive Plan. c. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. Earl Glen — RZ-15-009; PP -15-011; CUP -15-015; MDA -15-006 PAGE 30 EXHIBIT A The Council finds that the general design, construction, operation and maintenance of the multi -family use will be compatible with existing residential and future commercial uses in the vicinity and with the existing and intended character of the vicinity so as to not adversely change the character of the area. The Council considered all public testimony presented to determine whether or not the proposal will adversely affect the other properties in the area. d. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. The Council finds that the proposed development should not adversely affect other property in the vicinity if the applicant complies with all conditions of approval listed in Exhibit B of this staff report and constructs all improvements and operates the use in accordance with the UDC standards. e. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, and sewer. The Council finds that sanitary sewer, domestic water and irrigation can be made available to the subject property. Please refer to comments prepared by the Public Works Department, Fire Department, Police Department and other agencies. f. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. The Council finds that the applicant will pay to extend the sanitary sewer and water mains into the site. No additional capital facility costs are expected from the City. The applicant and/or future property owners will be required to pay impact fees. g. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. The Council finds that the proposed development should not involve activities that will create nuisances that would be detrimental to the general welfare of the surrounding area. The Council recognizes the fact that traffic and noise will increase with the approval of this development; however, whenever undeveloped property is developed, the amount of traffic generation does increase. h. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. The Council finds that the proposed development will not result in the destruction, loss or damage of any natural feature(s) of major importance. The Council referenced all public testimony presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance. Earl Glen—RZ-15-009; PP -15-011; CUP -15-015; MDA -15-006 PAGE 31