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Bancroft MDA H-2016-0055ADA COUNTY RECORDER Christopher D. Rich 2016-087114 BOISE IDAHO Pgs=37 HEATHER LUTHER 09/14/2016 04:13 PM CITY OF MERIDIAN, IDAHO NO FEE PARTIES: 1. City of Meridian 2. Reginald Jones and Jack Stolfo, Owners 3. Berkeley Building Company, Developer ADDENDUM TO DEVELOPMENT AGREEMENT is dated this 13 day o 016, (ADDENDUM"), by and between City of r Meridian, a municipa corporation of the State of Idaho ("CITY'), whose address is 33 E. Broadway Avenue, Meridian, Idaho 83642 and Reginald Jones and Jack Stolfo, OWNERS"), whose address is PO Box 140077, Garden City, Idaho 83714 and Berkeley Building Company, (DEVELOPEW'), whose address is 2275 S Eagle Rd #185, Meridian, ID 83642. A. CITY and OWNERS and/or DEVELOPER entered into that certain Development Agreement that was recorded on December 2, 2002 in the real property records of Ada County as Instrument No. 102143307 {"DEVELOPMENT AGREEMENT"); B. CITY and OWNERS and/or 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. OWNERS/DEVELOPER shall be bound by the terms of the Development Agreement; however the Development Agreement shall be amended as to the property listed in Exhibit A as follows: Developer shall comply with the updated developmentplan as noted in the Staff, Report which is an Exhibit to the Findings ofFact and Conclusions ofLaw attached hereto as Exhibit B that includes the following requirements: a. The rear and sides of homes on lots that face or back up to S. Eagle Road and E. Easy Jet Drive, shall incorporate articulation through changes it] materials, color, modulation, and architectural elements (horizontal and vertical) to break up the monotonous wall planes and roof lines. b. If an agreement cannot be Leached with the Sutherland Farm Homemmer's Association (HOA) to allow the subject property to be incorporated into the ADDENDUM TO DEVELOPMENT AGREEMENT -BANCROFT SQUARE, NIDA H 2016-0055 Page lo174 Sutherland Farm HOA, the Owners and Developer shall revise the preliminary plat to include a minimum 10% qualified open space and one (1) site amenity in accord with the standards listed in VDC 11-3G-3. 2. That Owners and/or Developer agrees to abide by all ordinances of the City of Meridian and the Property shall be subject to de -annexation if the Owners and/or 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 Owners and/or 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 Owners and/or Developer, to execute appropriate and recordable evidence of termination of this Addendum if City, in its sole and reasonable discretion, had determined that Owners and/or 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. 5. This Addendum sets forth all promises, inducements, agreements, condition, and understandings between Owners and/or 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 Owners and/or Developer 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. 7. Except as amended by the Addendum, all terms of the previous Development Agreement shall remain in full force and effect. ADDENDUM TO DEVELOPMENT AGREEMENT - BANCROFT SQUARE, NIDA H2016-0055 Page 2 of 4 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNERS: alldJones Jac-ICStolfo DEVELOPER: Berkeley)Bpilding Company By: rm.. CITY OF MERIDIAN LAUGU—,q',,, Mayor Tam e Weerd 0 TTEST. V. ff/ 1 STATE OF IDAHO ss County of Ada On this3{ day of 2 , 2016, before me, a Notary Public, personally appeared Tammy de Weerd and know or identified to me to be the Mayor an resoectively o he . City of Meridian, who ex cut `ch ms%%4n e" nt the person that executed the instrumd g`n'ehalfof said Cify; and acknowledged to me that such City executed the same. IN WITN.FyS&%OF, I have hereunto set my hand and axed my official seal the day and year in this certific a fust aiaffixed l -t-;5 SEAL) ; aye NO`• Notary Public for dahoA' j Residing at:c Commission expires: ADDENDUM TO MOPAGREEMENT - BANCROFT SQUARE,, MDA H 2016-0055 Page 3 of 4 rrrr STATE OF IDAHO ss: County of Ada, On this ,,L day of , 2016, before me, the undersigned, a Notary Public in and for said State, personally appeared Reginal Jones, known or identified tome to be the person who signed above, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. SEAL) 7EAEIVIECFIEN tary Public, te o9 Idaho STATE OF IDAHO ss: County of Ada, 0&1 Notary Public for Idaho Residing at: ,X My Commission Expires:gjLy I Onthisday of 2016, before me, the undersigned, a Notary Public in and for said State, personally appeared Jack Stolfo, known or identified to me to be the person who signed above, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set ;Zmy official seal the day and year in this certificate first above written. SEAL)r/ ,aNn Np,• Public for Idaho GPX Residing at: My Commission Expires: 1107gRr Residing: Boise, Idaho z ,, Commission Expires: 3/29/2022 `' VBLIC STATE OF IDAHO ) '•.9 ••..•.•• O County of Ada, ) •' On thisr day of +— 2016, before me, the undersigned, a Notary Public in and for said State, personally appeared Slfh known or identified to me to be the Ljl dill of Berkeley Building Company, and acknowledged to me that he executed the same on behalf of said Company. IN WITNESS WHEREOF, I have hereunto set my and affixed my official seal the day and year in this certificate first above written. SEAL) unu otary Public for o p SS,A...8.9'',, Residing at: RAeiriing in ROISe, Idaho J,•OTARMy Commission Expires: My Commi sion Expires 5/24/2017 c 0 00 t ,'•.pUBLI'.• J' . 9TF OF 41RanR"!!! ADDENDUM TO DEVELOPMENT AGREEMENT - BANCROFr SQuaxE, NIDA H 2016-0055 Page 4 of 4 EXHIBIT A Bancroft Square - MDA H-2016-0055 EXHIBIT A Bancroft Square - MDA H-2016-0055 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0055 - 1 - CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for Rezone of 6.54 Acres of Land from the R-4 to the R-8 Zoning District; Preliminary Plat Consisting of Thirty-Three (33) Building Lots and Five (5) Common Lots on 5.41 Acres of Land; Modification to the Conditional Use Permit /Planned Development to Change the Approved Land Use from Office/Multi-family Residential to Single-family Residential; and Modification to the Development Agreement to Update the Development Plan for this Site, by Schultz Development. Case No(s). H-2016-0055 For the City Council Hearing Date of: July 26, 2016 (Findings on August 9, 2016) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of July 26, 2016, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of July 26, 2016, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of July 26, 2016, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of July 26, 2016, 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 Exhibit B CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0055 - 2 - Community Development Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of July 26, 2016, 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/planned development modification and development agreement modification is hereby approved per the conditions of approval in the Staff Report for the hearing date of July 26, 2016, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer’s signature on the final plat within two (2) years of the approval of the preliminary plat or the combined preliminary and final plat or short plat (UDC 11-6B-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two (2) years, may be considered for final approval without resubmission for preliminary plat approval (UDC 11-6B-7B). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A, the Director may authorize a single extension of time to obtain the City Engineer’s signature on the final plat not to exceed two (2) years. Additional time extensions up to two (2) years as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again (UDC 11- 6B-7C). Notice of Conditional Use Permit Duration Please take notice that the conditional use permit, when granted, shall be valid for a maximum period of two (2) years unless otherwise approved by the City. During this time, the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting, the final plat must be signed by the City Engineer within this two (2) year period. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0055 - 3 - Upon written request and filed by the applicant prior to the termination of the period in accord with 11-5B-6.G.1, the Director may authorize a single extension of the time to commence the use not to exceed one (1) two (2) year period. Additional time extensions up to two (2) years as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the conditional use comply with the current provisions of Meridian City Code Title 11(UDC 11-5B-6F). Notice of Development Agreement Duration The development agreement shall be signed by the property owner and returned to the City within six (6) months of the City Council granting annexation and/or rezone (UDC 11-5B-3D). A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s) and returned to the city within six (6) months of the city council granting the modification (UDC 11-5B-3F). A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the City if filed prior to the end of the six (6) month approval period (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 July 26, 2016 By action of the City Council at its regular meeting held on the --C day of / 2016. COUNCIL PRESIDENT KEITH BIRD VOTED COUNCIL VICE PRESIDENT JOE BORTON VOTED COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED COUNCIL MEMBER TY PALMER VOTED COUNCIL MEMBER LUKE CAVENER VOTED— COUNCIL OTED COUNCIL MEMBER GENESIS MILAM VOTED MAYOR TAMMY de WEERD VOTED TIE BREAKER) i Mayor Ta Weerd Attest: City Clerk Cily or w I=* SEAL Copy served upon Applicant, Community Attorney. Department, Public Works Department and City By: C o (z 61 w Dated: City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0055 - 4 - EXHIBIT A Bancroft Square - RZ, PP, CUP, MDA H-2016-0055 PAGE 1 STAFF REPORT HEARING DATE: July 26, 2016 TO: Mayor & City Council FROM: Sonya Watters, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Bancroft Square – RZ, PP, MCU, MDA (H-2016-0055) I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, Schultz Development, has submitted an application for a rezone (RZ) of 6.54 acres of land from the R-4 to the R-8 zoning district; a preliminary plat (PP) consisting of 33 building lots and 5 common area lots on 5.41 acres of land; and a modification to the conditional use permit/planned development (MCU) (CUP-02-005) to change the approved use from office/multi-family to single- family residential. See Section VIII, Analysis, for more information. An application for a modification to the Development Agreement (Instrument No. 102143307) for Sutherland Farm Subdivision was submitted to update the development plan for this site as recommended by Staff. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed RZ, PP and MCU applications with the conditions of approval in Exhibit B, based on the Findings of Fact and Conclusions of Law in Exhibit D of the Staff Report. The Meridian Planning & Zoning Commission heard these items on June 23, 2016. At the public hearing, the Commission moved to recommend approval of the subject RZ, PP and MCU requests. a. Summary of Commission Public Hearing: i. In favor: Matt Schultz; Robert Nielson ii. In opposition: None iii. Commenting: Bonnie Broussard; Fred Kuperus; iv. Written testimony: Matt Schultz, Applicant’s Representative; Mike and Annette Wheeler, Arnie and Kay Veers, Bill and Sally Riggs, James and Marsha Harris, Joann St. Charles and Robert Nelson, Kent and Mary Ellen Wheeler, Robert and Laurel Nielson, Tom Reynolds, Ken Aileen Scalian (all in favor of the development provided that the minimum open space & site amenity requirements are provided with this development; or in the alternative, that the development is included in the HOA for either Sutherland Farms or Sutherland Downs in order to help bear the cost of maintenance of those private common areas and also be subject to certain architectural design guidelines as determined appropriate for this development). v. Staff presenting application: Sonya Watters vi. Other staff commenting on application: None b. Key issue(s) of Public Testimony: i. In favor of proposed development. c. Key Issues of Discussion by Commission: i. In favor of proposed development. EXHIBIT A Bancroft Square - RZ, PP, CUP, MDA H-2016-0055 PAGE 2 d. Commission Change(s) to Staff Recommendation: i. None e. Outstanding Issue(s) for City Council: i. None The Meridian City Council heard these items on July 26, 2016. At the public hearing, the Council approved the subject RZ, PP, MCU and MDA request. a. Summary of City Council Public Hearing: i. In favor: Matt Schultz ii. In opposition: None iii. Commenting: None iv. Written testimony: None v. Staff presenting application: Sonya Watters vi. Other staff commenting on application: None b. Key issue(s) of Public Testimony: i. None c. Key Issues of Discussion by Council: i. None d. Key Council Changes to Commission Recommendation i. None III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2016- 0055 as presented in the staff report for the hearing date of July 26, 2016, with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2016-0055, as presented during the hearing on July 26, 2016, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number H-2016-0055 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The subject property is located at 2750 S. Eagle Road at the southeast corner of S. Eagle Road and E. Easy Jet Drive, in the southwest ¼ of Section 21, Township 3 North, Range 1 East. B. Applicant: Schultz Development P.O. Box 1115 Meridian, ID 83680 EXHIBIT A Bancroft Square - RZ, PP, CUP, MDA H-2016-0055 PAGE 3 C. Owner: Reginald Jones and Jack Stolfo P.O. Box 140077 Garden City, ID 83714 D. Representative: Matt Schultz, Schultz Development P.O. Box 1115 Meridian, ID 83680 E. Applicant's Statement/Justification: Please see applicant’s narrative for this information. V. PROCESS FACTS A. The subject application is for a rezone, preliminary plat and conditional use permit modification which requires a public hearing before the Planning & Zoning Commission and City Council; and a development agreement modification which requires a public hearing before the City Council, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: June 6 and 20, 2016 (Commission); June 6 and 20, 2016 City Council) C. Radius notices mailed to properties within 300 feet on: May 23, 2016 (Commission); May 26, 2016 (City Council) D. Applicant posted notice on site by: June 10, 2016 (Commission); July 8, 2016 (City Council) VI. LAND USE A. Existing Land Use(s) & Zoning: This site consists of vacant/undeveloped land, zoned R-4. B. Character of Surrounding Area and Adjacent Land Use and Zoning: North: Offices, zoned L-O South: Rural residential home, zoned RUT in Ada County East: Single-family homes in Sutherland Farm Subdivision, zoned R-4 West: S. Eagle Road and single-family homes in Thousand Springs Subdivision, zoned R-4 C. History of Previous Actions: In 2002, the subject property received the following approvals as part of the larger Sutherland Farm development: Annexation and zoning with an R-4 zoning district. A total of 127.74 acres of land was annexed with the R-4, L-O and C-G zoning districts with the requirement of a development agreement (DA), recorded as Instrument No. 102143307 (AZ-02-004, Ord. #02-982). The DA was amended in 2004 to change the approved land use on 16.1 acres of land preliminary platted as Lots 5, and 8-11, Block 1) from office/multi-family to single-family residential (Sutherland Farm Subdivision No. 4) and the property was rezoned from R-4 to R- 8 (RZ-04-006; Inst. #104112888). In 2014, the DA was amended again to remove the Citadel Storage property (preliminary platted as Lots 3 and 4, Block 1) from the agreement (RZ-14-004; Inst. #2014-092383)]; EXHIBIT A Bancroft Square - RZ, PP, CUP, MDA H-2016-0055 PAGE 4 Preliminary plat which encompassed the entire Sutherland Farm development and consisted of a total of 308 building lots and 30 other lots on 127.64 acres of land (PP-02- 004); Conditional use permit for a planned development which consisted of a mix of residential, office and commercial uses [260 single-family residential detached lots, 32 single-family attached (townhome) lots, 11 office/multi-family residential lots, and 5 commercial lots] (CUP-02-005). The planned unit development conceptually approved offices and multi-family housing as a land use exception in the R-4 zoning district under Meridian City Code 12-6-3 in effect at that time; detailed approval of the planned development through a conditional use permit is required prior to construction of the office and multi-family structures. The office/multi-family uses were anticipated to develop in the final two phases of development. There are no restrictions on the number of units, square footage of structures, building height or number of stories that can be constructed. The conditional use permit was modified in 2004 (CUP-04-009) which eliminated 5 of the office/multi-family lots (preliminary platted as Lots 5 and 8-11, Block 1) to the northeast and added 47 new single-family residential building lots in their place at a gross density of approximately 5 units/acre (Sutherland Farm Subdivision No. 4). In 2014, the conditional use permit was modified again (CUP-14-007) which eliminated 2 more of the office/multi-family lots to the north and allowed the development of a self-service storage facility (Citadel Storage) instead. Of the 11 office/multi-family lots that were originally approved for such uses, only the subject 4 lots (Lots 3 and 4, Block 5 and Lots 11 and 12, Block 6 as depicted on the preliminary plat) remain.] The Findings approved by City Council in 2002 state, “It is found that the office/multiple- family housing uses are strongly related to the primary use of the development (R-4). The office uses will provide services (medical, dental, optical, etc.) that will be complementary to the residents of the subdivision. The mixing of residential uses and commercial uses will encourage the office development to be constructed in a manner that will be pedestrian friendly. High-density housing will provide an immediate consumer base for the office development.” (See findings for more information.) In 2015, a rezone (RZ-15-012), preliminary plat (PP-15-016) and conditional use permit CUP-15-017) application was submitted for an office and multi-family development consisting of 2 commercial/office building lots; and 64 residential units on 3 building lots and 1 common lot in the R-15 zoning district on 5.41 acres of land on the subject property. This application was withdrawn by the applicant prior to Council making a decision on the application largely due to neighborhood opposition. D. Utilities: Location of sewer: A sanitary sewer main intended to serve the subject site exists directly to the north in E. Easy Jet Drive. Location of water: A water main intended to serve the subject site exists directly to the north in north in E. Easy Jet Drive and to the east in S. Nephrite Way. Issues or concerns: None E. Physical Features: 1. Canals/Ditches Irrigation: There are a couple of irrigation ditches that cross this site. EXHIBIT A Bancroft Square - RZ, PP, CUP, MDA H-2016-0055 PAGE 5 2. Hazards: Staff is unaware of any hazards that may exist on this site. 3. Flood Plain: This property does not lie within the floodplain or flood way. VII. COMPREHENSIVE PLAN ANALYSIS This site is designated Mixed Use – Community (MU-C) on the Comprehensive Plan Future Land Use Map (FLUM). The purpose of MU-C designated areas is to allocate areas where community-serving uses and dwellings are seamlessly integrated into the urban fabric. The intent is to integrate a variety of uses, including residential, and to avoid mainly single-use and strip commercial type buildings. All developments should have a mix of at least three land use types. Residential uses should comprise a minimum of 20% of the development area at densities ranging from 6 to 15 dwelling units per acre d.u./acre). Non-residential buildings should be proportional to and blend in with adjacent residential buildings. See Comprehensive Plan for more information (pages 27-28). The single-family portion of the site encompasses 5.41 acres of the 39+/- acres that make up the MU- C designated area which results in approximately 14% residential uses for the overall area so far; approximately 23 acres is yet to be redeveloped. As stated above, residential uses should comprise a minimum of 20% of the MU-C development area. The proposed development consists of approximately ¾ of that area which allows for additional residential uses to develop to the south. The applicant proposes to rezone the site from the R-4 to the R-8 zoning district and develop the site with 33 single-family detached residential units. The gross density for the development is 6.10 d.u./acre which is within the density desired in MU-C designated areas. Although single-family developments are not listed as a sample use within the mixed use designation, nor is R-8 zoning listed as an appropriate zoning district, the density falls within the density range desired in mixed use areas. The previous development application for this site was for a multi-family development with R-15 zoning which is compatible with the Comprehensive Plan for mixed use areas; however, the neighbors were adamantly opposed to that type of development and zoning. Therefore, staff is supportive of the proposed development and believes it’s in the best interest of the City and its residents provided that development complies with UDC standards. The following items are considered when reviewing development applications in Mixed Use areas: Staff’s analysis in italics) Residential densities should be a minimum of 6 dwelling units/acre.” (pg. 23) The proposed development is 6.10 dwelling units/acre. Where feasible, higher density and/or multi-family residential development will be encouraged, especially for projects with the potential to serve as employment, destination centers and when the project is adjacent to US 20/26, SH-55, SH-16 or SH-69.” (pg. 23) The proposed project provides for higher density residential development adjacent to S. Eagle Road and employment uses to the north while providing a transition in density from the lower density residential uses to the east and future mixed use development area to the south. A mixed use project should include at least 3 types of land uses; exceptions may be granted for smaller sites on a case by case basis.” (pg. 24) The larger Sutherland Farm planned development is comprised of single-family attached and detached residential homes, offices and a storage unit facility. The properties to the south of E. Victory Road are designated as mixed use, which when re-developed should contribute to the variety of uses in this area. EXHIBIT A Bancroft Square - RZ, PP, CUP, MDA H-2016-0055 PAGE 6 All mixed use projects should be directly accessible to neighborhoods within the section by both vehicles and pedestrians.” (pg. 24) A centrally located stub street is proposed to the south for future interconnectivity and access as well as to the east to S. Nephrite Way, a local street that abuts this site and Sutherland Farm subdivision. Support a variety of residential categories (low-, medium-, medium-high and high-density single-family, multi-family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities.” (3.07.01E) Although staff is unaware of how “affordable” the proposed units will be, the medium density development will contribute to the variety of lot sizes and prices for housing in this area. 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, pg. 56) The proposed single-family homes should contribute to the choice between ownership and rental dwelling units in this area of the City. 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, pg. 45) City services are available to be extended to this site with development. Require appropriate landscaping and buffers along transportation corridor (setback, vegetation, low walls, berms, etc.) A 25-foot wide landscaped street buffer is required along S. Eagle Road, a principal arterial street; and a 10-foot wide street buffer already exists along E. Easy Jet Drive, a local street, that should be maintained and protected during construction. Protect existing residential properties from incompatible land use development on adjacent parcels.” (3.06.01F, pg. 53) The proposed single-family residential development should be compatible with existing single-family homes to the east and south. Restrict private curb cuts and access points on collectors and arterial streets.” (3.06.02D) No access points are proposed via S. Eagle Road, an arterial street. One access point is proposed via E. Easy Jet Drive, a local street, which also stubs to the property to the south; and one access is proposed via S. Nephrite Way at the east boundary of the site. 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.” (3.07.02, pg. 55) The proposed medium density development is located near major access thoroughfares [S. Eagle Road and Interstate 84] and near a segment of the City’s regional pathway system that runs along the Ridenbaugh Canal to the north. Street sections consistent with the Ada County Highway District Master Street Map are required within the UDC.” (pg. 24) The proposed streets are consistent with ACHD’s Master Street Map. EXHIBIT A Bancroft Square - RZ, PP, CUP, MDA H-2016-0055 PAGE 7 A letter has been received from the Ada West School District commenting on this application. Based on U.S. census data, the District estimates that when complete, this development will add approximately 27 school aged children to the enrollment numbers of schools within the Ada West district. The District estimates that the revenue required for the purchase of future school sites is 830.00 per new home which will create the need for $27,390.00 in revenue to purchase the school sites this subdivision will require. In lieu of this revenue, the District will accept the donation of land appropriate for a school site (see letter to the City dated May 23, 2016 for more information). VIII. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: REZONE (RZ): The applicant proposes to rezone 6.54 acres of land from the R-4 to the R-8 zoning district for the development of 33 single-family residential homes with a density of 6.10 units per acre. A preliminary plat was submitted, included in Exhibit A.2, which depicts how the site is proposed to develop. As discussed above in Section VII, Staff is in favor of the zoning and density proposed for the development. The legal description submitted with the application, included in Exhibit C, shows the boundaries of the property proposed to be rezoned. The City may require a development agreement (DA) in conjunction with a rezone pursuant to Idaho Code section 67-6511A. To ensure the site develops as proposed and in accord with UDC standards, staff recommends the existing DA is modified as a provision of the rezone and includes the in Exhibit B. CONDITIONAL USE PERMIT MODIFICATION (MCU): A modification to the previously approved conditional use permit/planned development (CUP/PD) is requested by the applicant. The previously approved CUP/PD (CUP-02-005) allowed for multi-family residential/office uses to develop on the subject property as a use exception in the R-4 zoning district. Because the adjacent neighbors were highly opposed to multi-family residential uses developing on the site (i.e. Easy Jet apartments), the applicant proposes to change the land use previously approved with the CUP/PD for this site to single-family residential at a density envisioned in the Comprehensive Plan for mixed use designated areas. For the reasons noted above in Section VII, staff is amenable to this change and feels it’s in the best interest of neighboring residents. PRELIMINARY PLAT (PP): A preliminary plat is proposed that consists of 33 residential building lots and 5 common lots on 5.41 acres of land in a proposed R-8 zoning district. Dimensional Standards: The lots in the proposed subdivision are required to comply with the dimensional standards of the R-8 zoning district listed in UDC Table 11-2A-6. Staff has reviewed the proposed plat and found it in compliance with these standards. Access/Stub Streets: One centrally located access is proposed at the north boundary of the site via E. Easy Jet Drive, which also stubs to the property to the south; and one access is proposed via S. Nephrite Way at the east boundary of the site in accord with the access standards listed in UDC 11-3A-3. Direct access via S. Eagle Road is not proposed and is prohibited. EXHIBIT A Bancroft Square - RZ, PP, CUP, MDA H-2016-0055 PAGE 8 Landscaping: Landscaped street buffers are required to be provided with development as set forth in UDC Table 11-2A-6 in accord with the standards listed in UDC 11-3B-7C. A minimum 25-foot wide buffer is required along Eagle Road, an arterial street; and no buffer is required along local streets (i.e. Easy Jet, Nephrite, Girdner, or Titanium). A 15-foot wide buffer exists along Easy Jet and a 50-foot wide buffer/common area exists along Nephrite between Girdner and Easy Jet. The existing street buffers/common area should be protected during construction. Landscaped 8-foot wide parkways are proposed along internal streets (i.e. Girdner and Titanium) with detached 5-foot wide sidewalks. The proposed parkways comply with the standards listed in UDC 11-3A-17E. Landscaping is required along the pathway in Lot 3, Block 1 in accord with the standards listed in UDC 11-3B-12C as proposed. Common Open Space & Site Amenities: All new development is required to comply with the qualified open space and site amenity requirements listed in UDC 11-3G-3 which requires a minimum of 10% qualified open space and one site amenity for developments of this size. The qualified open space proposed with this development is 0.43 of an acre or 7.9%. Because this property was originally included in the preliminary plat and is still part of the planned development for Sutherland Farm, the applicant requests this property be allowed to develop as originally intended as the last phase of the Sutherland Farm development and that the qualified open space and site amenities for the overall development be considered to cover this portion of the site as well. A total of 13.24 acres or 11.3% qualified open space has already been constructed within the Sutherland Farm development along with the following site amenities: a ¾ mile regional pathway along the Ridenbaugh Canal, a 5.9 acre park, a 2.5 acre park, tot lots, a gazebo, swing set and horseshoe pits. The applicant has discussed incorporating the subject property into the Sutherland Farm Homeowner’s Association (HOA) with the HOA; however, an official agreement has not yet been reached. Because phased developments are typically reviewed for compliance with UDC standards for the overall area and this property was originally intended to develop in the final two phases, staff supports the applicant’s request provided that the Sutherland Farm HOA agrees to allow this property to be incorporated into their HOA. If not, Staff recommends the plat is revised to provide the full 10% qualified open space and one site amenity on this site. Fencing: A 6-foot tall vinyl fence is proposed along the back side of the street buffer along Eagle Road and there is an existing 6-foot tall vinyl fence along the back side of the common area adjacent to Nephrite Way. All fencing should comply with the standards listed in UDC 11-3A-17. Sidewalks/Pathways: Sidewalks are required to be constructed with development as set forth in UDC 11-3A-17. Detached sidewalks are required along all collector and arterial streets (i.e. Eagle Road) and attached sidewalks are required along local streets (i.e. Easy Jet, Nephrite, Girdner and Titanium). Attached sidewalks already exist along the frontage of this site on S. Eagle Road, E. Easy Jet Drive and S. Nephrite Way; because the sidewalk along Eagle is in good condition, staff is not recommending the sidewalk is reconstructed as a detached sidewalk. Detached sidewalks with parkways are proposed along internal streets within this development. A pathway is proposed through the common area on Lot 3, Block 1 for pedestrian access from the development to the sidewalk along Eagle Road. EXHIBIT A Bancroft Square - RZ, PP, CUP, MDA H-2016-0055 PAGE 9 Waterways: There are a couple of irrigation ditches that cross this site; staff is unaware if they’ve been piped. If not, they are required to be piped with development of the site as set forth in UDC 11-3A-6. Building Elevations: Conceptual building elevations for homes within this development have been submitted as shown in Exhibit A.5. A variety of building materials are proposed as shown. The homes are proposed to be single and two-story and range from 1,200 s.f. to 2,200 s.f. similar to the elevations included in Exhibit A.5 and the sizes of homes in Sutherland Downs Subdivision to the north. Because homes on lots that back up to or face S. Eagle Road and E. Easy Jet Drive are going to be highly visible, staff recommends the rear and/or sides of homes on lots that face or back up to these roadways incorporate articulation through changes in materials, color, modulation, and architectural elements (horizontal and vertical) to break up monotonous wall planes and roof lines. DEVELOPMENT AGREEMENT MODIFICATION (MDA): A modification to the existing development agreement for Sutherland Farm Subdivision, recorded as Instrument No. 102143307, is requested by the applicant to update the development plan for this site as recommended by staff. Staff recommends approval of the proposed RZ, PP, and CUP, and MDA with the conditions included in Exhibit B. IX. EXHIBITS A. Drawings/Other 1. Vicinity/Zoning Map 2. Proposed Preliminary Plat (dated: 5/6/16) 3. Proposed Landscape Plan (dated: 5/5/16) 4. Open Space Exhibit 5. Proposed Building Elevations B. Agency & Department Comments/Conditions C. Legal Description & Exhibit Map for Rezone D. Required Findings from Unified Development Code EXHIBIT A Bancroft Square - RZ, PP, CUP, MDA H-2016-0055 PAGE 10 Exhibit A.1: Vicinity/Zoning Map 2020 4305 4355 35 0 2 4385 34 7 2 34 4 8 425535 41 4265 3303 3471 3367 3520 3321 34 2 63404 35 86 34 6 8 3552 35 1 5 34 74 3334 3533 3356 36 3 8 3526 34 8 5 3323 3345 3301 3357 34 6 1 3395 3559 35 8 5 3312 34 9 8 3378 2275 3398 2257 2998 2867 29 6 3 29 4 9 3175 3067 4025 30453023 3250 2289 2989 3437 3451 2549 3475 4355 3432 3500 3300 3475 3232 28 8 8 3030 3415 33 0 4 28 8 2 32 9 3 3359 29 5 5 28 3 8 29 3 7 28 1 6 3337 2900 29 1 5 3476 28 3 9 28 4 0 3359 29 7 5 3025 29 0 4 3459 3352 29152895 28 8 3 3145 28 3 9 4300 3145 3020 3035 2361 2431 2440 2350 3650 3307 2680 3499 31 2 1 3330 3360 28 1 6 28 6 0 29 2 0 29 19 28 5 7 2471 2315 3454 2200 2725 29 4 8 29 2 6 28 6 0 3477 3472 2964 34 5 3 28 9 7 28 7 7 33 4 0 3170 3014 2915354 6 2846 2867 28 38 35 16 2915 35 3 2 2799 35 4 7 35 7 5 35 50 3867 36 8 4 3820 2691 2845 2858 2880 2684 2622 2579 2899 35 9 4 37 0 0 3788 2725 36 74 2662 2721 34 74 3949 2739 34 5 8 2623 2602 2510 4175 4199 4267 2742 2698 2760 2614 4173 2475 4064 2724 2680 2750 2734 4243 2 9 9 1 42 6 0 3037 2592 4083 3041 4231 2524 2628 3 0 0 0 2689 3011 2 9 6 4 2706 2747 2728 2685 2752 25922570 3020 27 85 28 32 3012 28 92 2502 29 17 2587 3030 2 9 9 7 2768 29 3 5 2680 2603 28 50 26 9 1 27 30 2787 26 38 2747 28 98 28 74 28 9327 29 25012570 26 84 28 28 27 9 0 2700 2699 2726 2676 2918 2922 2917 29 9 0 29 6 6 29 2 1 3030 31 6 6 28 98 31 3 4 3455 31 3 3 3471 29 6 3 3466 29 4 4 29 2 2 28 9 6 34 7 1 28 9 7 28 7 6 36 7 3 37 4 5 37 99 2897 29312909 2935 35 3 3 3076 3068 3040 2978 36 1 9 2937 2874 2830 35 6 8 2898 37 4 8 2885 2567 377 2 2658 2618 2644 2695 2706 33 8 1 3 3 9 0 34 8 3 2679 4276 2786 4292 2540 2765 4047 2782 26 9 6 2679 42 2 8 2740 2941 41 9 2 3 0 4 3 2802 306 8 2803 2867 3195 2895 2 9 7 2 2900 2 9 5 0 2742 2 9 2 0 2735 2944 2966 2701 2716 2746 3049 2630 2684 2725 2768 3 0 0 7 2681 3 0 2 5 27 8 8 29 10 3 0 1 0 28 9 9 29 15 25 88 27 64 26 8 6 28 49 26 60 26 06 2530 27 6 1 26 3626 9 9 26 37 2521 2537 2629 2673 2700 2 7 5 2 2650 28242817 2680 2721 3 8 2750 2810 29 37 31 0 2 3092 28 7 1 287229 8 9 30 0 4 2967 2860 29 42 3 0 1 5 2 9 6 9 2910 2851 2870 2 7 0 0 313 0 3197 3133 3183 312 13171309 7 31 4 5 31 1 4 4270 2925 2865 4178 2850 3075 3050 3026 2960 3060 3870 2953 2860 3130 2855 3210 3965 3745 3040 3792 2825 3516 3077 2910 3950 3029 36 1 2 34943339 3373 34 3 7 2300 3389 3449 36 1 1 36 3 7 2255 2670 2630 2620 35 1 1 34 7 3 3730 35 1 0 2822 2897 2889 2667 2649 2866 2560 2596 2607 2734 35 4 9 3591 36 2 6 36 14 33 5 7 34 4 0 2727 2711 2537 2756 2549 2654 42 1 2 4151 2574 2626 27204250 4111 2696 2662 4145 4293 39 9 5 2623 39 6 7 26622630 2671 4135 4096 2645 4154 2743 2755 26782683 2633 2710 2626 2960 2686 2 9 9 0 3 0 2 2 28 10 2625 27 0 2 29 3 0 28 7128 0926 0 1 28 48 2 5 8 7 27 28 2586 2596 2585 26 9 6 2744 2627 2769 2722 27 46 2658 2788 2575 2677 2563 27652777 31 6 5 30 29 28 9 3 28 7 3 28 7 4 28 7 5 28 72 29 6 5 28 9 4 3280 2 9 4 5 2923 2 9 1 7 2889 3169 2828 3157 3 0 2 7 31 6 0 3 0 5 9 307 1 2848 2922 2988 3025 2910 31 3 8 30 4 4 3020 3250 2264 3885 2520 2590 2820 3199 3395 3317 3655 29 5 5 3443 3345 3331 3201 3352 32 7 1 28 2 5 3498 3412 3460 2930 3140 28 7 8 28 7 5 28 112781 3265 3631 3100 3015 36772370 3575 2375 26 602650 3461 3450 35 0 5 34 8 9 3845 3850 2640 3132 36 55 37 63 37 8 1 2921 2902 2848 2827 35 8 6 36 30 37 20 36 38 37 6 8 36 5 6 2640 2712 35 1 5 268035 67 35 79 2602 34 2 2 3 4 0 4 2784 2523 27 4 6 2 4 9 1 2611 2643 2628 2557 3940 2660 4179 2641 2718 41 2 8 2653 4210 2680 4097 4162 2929 2652 2733 2608 2605 2732 2609 2515 2661 2961 3044 2484 3066 3 0 3930212963 29 3 6 2709 28 9 6 28 7228 34 29 18 2767 28 39 2753 2729 28 5 6 28 33 27 98 555 28 7026 5 8 26 85 27 6 0 26 59 2533 27 68 2601 2647 2727 9 2 7 7 0 2699 2698 2743 254 5 29 40 30 05 29 1 9 28 9 5 3230 29 4 3 3330 3390 3025 2905 2829 2810 2730 30 1 1 2835 2 9 2 5 29132904 2967 2 9 3 2 307 0 310 7 2 9 1 6 3063 2950 3076 2750 3 0 6 4 2820 3025 2990 3100 32 5 0 3250 3890 2987 3815 3085 L-O L-O 15 RSW C-C RUT RUT RUT R1 R-8 R1 R-4 RUT C-G C-C R-8 R-40 R-8 R-4 RUT RUT S E a g le R d E Victory Rd E Copper Point Dr E FalconDr E Pine Bluff Dr S H o o d R a n c h P l S M il a n A v e E Mackay Dr E Cullen St S B a y S ta r W ay E Falcon Dr S Z im s A v e E Easy Jet Dr S ElRio Dr S HaloPl EShaverCt S N Way S SlateCreek W a y E ShergarCt S B r a n d s J e welWay E Mackay Dr E RajaDr SLoftus W a y EGirdner Dr E Raja Dr EHorseCreekSt E Pyrus Ct E Yesternight St S Slat e C re ek Av e S Caleb W a y SBurgdorf W ay E Copper Point Dr E Moon Dipper St S Balthasar W ay S P in e F la ts Ave ESheepCreekSt S K n a p p Ave E D w o r s hak Dr S M il a n P l SCapulet Way E Shaver Ct S K n a p p A v e E Green Canyon Dr S Groom Way S Teddy Ave S L y fo r d A v e Point St S A f le e t A v e E Hero Dr E Los Altos Dr E Loon Creek St E QuinDr Griffon St S S e la tir P l S Te r r i D r S S a n R a m o n D r S K n a p p P l S Proud Way S C o b a lt P o in t W a y e S Tr i st ra m W a y E Indian Creek Dr S G i v e n s W a y GienWay S Pine F la ts W ay S H a lo L n S F la m e A v e S T ita n iu m Pl S JeblaWay S J l a W a y S L e ga l A v e SHillis Pl S Z im s P l STagishPl r S Te d d y A v e EXHIBIT A Bancroft Square - RZ, PP, CUP, MDA H-2016-0055 PAGE 11 Exhibit A.2: Proposed Preliminary Plat (dated: 5/6/16) EXHIBIT A Bancroft Square - RZ, PP, CUP, MDA H-2016-0055 PAGE 12 Exhibit A.3: Proposed Landscape Plan (dated: 5/5/16) EXHIBIT A Bancroft Square - RZ, PP, CUP, MDA H-2016-0055 PAGE 13 EXHIBIT A Bancroft Square - RZ, PP, CUP, MDA H-2016-0055 PAGE 14 Exhibit A.4: Qualified Open Space Exhibit EXHIBIT A Bancroft Square - RZ, PP, CUP, MDA H-2016-0055 PAGE 15 Exhibit A.5: Proposed Building Elevations & Floor Plans EXHIBIT A Bancroft Square - RZ, PP, CUP, MDA H-2016-0055 PAGE 16 EXHIBIT A Bancroft Square - RZ, PP, CUP, MDA H-2016-0055 PAGE 17 Exhibit B: Agency & Department Comments/Conditions 1. PLANNING DEPARTMENT 1.1 Within six (6) months of Council’s approval of the rezone findings and prior to submittal of a final plat application, the developer shall apply for a modification to the existing development agreement (Instrument No. 102143307) to update the development plan for this site and require the following: a. The rear and/or sides of homes on lots that face or back up to S. Eagle Road and E. Easy Jet Drive, shall incorporate articulation through changes in materials, color, modulation, and architectural elements (horizontal and vertical) to break up monotonous wall planes and roof lines. b. If an agreement cannot be reached with the Sutherland Farm Homeowner’s Association HOA) to allow the subject property to be incorporated into the Sutherland Farm HOA, the applicant shall revise the preliminary plat to include a minimum 10% qualified open space and one (1) site amenity in accord with the standards listed in UDC 11-3G-3. Note: A development agreement modification application was submitted after the Commission hearing and before the City Council hearing that contained the above provisions. 1.2 Site Specific Conditions of Approval 1.2.1 Development of the site shall substantially comply with the preliminary plat, landscape plan and building elevations included in Exhibit A, the conditions of approval listed herein, and the provisions of the development agreement (Instrument No. 102143307). 1.2.2 Any fencing constructed on the site shall be consistent with the standards as set forth in UDC 11- 3A-7 and 11-3A-6B. 1.2.3 The preliminary plat included in Exhibit A.2 is approved as submitted unless an agreement cannot be reached with the Sutherland Farm Homeowner’s Association (HOA) to allow the subject property to be incorporated into the Sutherland Farm HOA. In that case, the applicant shall revise the preliminary plat to include a minimum 10% qualified open space and one (1) site amenity in accord with the standards listed in UDC 11-3G-3. 1.2 General Conditions of Approval 1.2.1 Comply with all bulk, use, and development standards of the applicable district listed in UDC Chapter 2 District regulations. 1.2.2 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set forth in UDC 11-3A-6. 1.2.3 Install lighting consistent with the provisions as set forth in UDC 11-3A-11. 1.2.4 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. 1.2.5 Comply with the sidewalk standards as set forth in UDC 11-3A-17. 1.2.6 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-5J. 1.2.7 Construct all off-street parking areas consistent with the standards as set forth in UDC 11-3B-5I, 11-3B-8C, and Chapter 3 Article C. 1.2.8 Construct the required landscape buffers consistent with the standards as set forth in UDC 11-3B- 7C (streets). EXHIBIT A Bancroft Square - RZ, PP, CUP, MDA H-2016-0055 PAGE 18 1.2.9 Construct storm water integration facilities that meet the standards as set forth in UDC 11-3B- 11C. 1.2.10 Protect any existing trees on the subject property that are greater than four-inch caliper and/or mitigate for the loss of such trees as set forth in UDC 11-3B-10. 1.2.11 Comply with the outdoor service and equipment area standards as set forth in UDC 11-3A-12. 1.2.12 Construct all required landscape areas used for storm water integration consistent with the standards as set forth in UDC 11-3B-11C. 1.2.13 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle. 1.3 Ongoing Conditions of Approval 1.3.1 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. 1.3.2 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. 1.4 Process Conditions of Approval 1.4.1 No signs are approved with this application. Prior to installing any signs on the property, the applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3 Article D and receive approval for such signs. 1.4.2 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-6F1 or 2) gain approval of a time extension as set forth in UDC 11-5B-6F4. 2. PUBLIC WORKS DEPARTMENT 2.1 SITE SPECIFIC CONDITIONS OF APPROVAL 2.1.1 Applicant shall be required to terminate the proposed water main in E. Girden Court with a fire hydrant instead of a blow-off. 2.1.2 A street light plan will need to be included in the final plat application. Street light plan requirements are listed in section 6-7 of the City's Design Standards. A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272. The plan will need to include a 35' Type 1 LED street light with a 12' arm along Eagle Road approximately 150' south of Easy Jet Way. 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. EXHIBIT A Bancroft Square - RZ, PP, CUP, MDA H-2016-0055 PAGE 19 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 be dedicated using the City of Meridian’s standard forms. Applicant shall 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. 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 9-1-28.c.1). The applicant shall 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 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. 2.2.6 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. 2.2.7 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 2.2.8 Street signs are to be in place, sanitary sewer and water system shall be approved and activated, and acceptable roadway access shall be in place, prior to applying for building permits. 2.2.9 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. 2.2.10 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 2.2.11 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.2.12 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.2.13 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.2.14 All grading of the site shall be performed in conformance with MCC 11-1-4B. 2.2.15 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. EXHIBIT A Bancroft Square - RZ, PP, CUP, MDA H-2016-0055 PAGE 20 2.2.16 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. 2.2.17 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.2.18 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. 2.2.19 100 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. 2.2.20 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 has no comment on this application. 4. FIRE DEPARTMENT 4.1 The Fire Department has no comment on this application. 5. REPUBLIC SERVICES 5.1 Republic Services has no comment on this application. 6. PARKS DEPARTMENT 6.1 The Parks Department has no comment on this application. 7. ADA COUNTY HIGHWAY DISTRICT 7.1. Site Specific Conditions of Approval 7.1.1 Replace any broken or deteriorated portions of curb, gutter, and sidewalk on Eagle Road, Easy Jet, and Nephrite Way abutting the site. 7.1.2 Construct Titanium Avenue to intersect Easy Jet Drive, 520-feet east of Eagle Road, as proposed. EXHIBIT A Bancroft Square - RZ, PP, CUP, MDA H-2016-0055 PAGE 21 7.1.3 Construct Titanium Avenue as a 33-foot street section with rolled curb, gutter, and a portion of 8- foot wide planter within 40-feet of right-of-way. Construct a 5-foot wide detached concrete sidewalk outside of the right-of-way in a permanent right-of-way easement Titanium Way. 7.1.4 Construct one stub street to the south, Titanium Way. Install a sign at the terminus of Titanium Avenue stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE.” 7.1.5 Construct Girdner Drive to intersect Nephrite Way in alignment centerline to centerline with Girdner Drive on the east side of Nephrite Way across from the site. Construct Girdner Drive/Court as a 33-foot street section with rolled curb, gutter, and a 5-foot wide attached concrete sidewalk within 46-feet of right-of-way. 7.1.6 Construct one cul-de-sac turnaround with a minimum turning radius of 45-feet at the terminus of Girdner Court. 7.1.7 Direct lot access to Eagle Road is prohibited and shall be noted on the final plat. 7.1.8 Payment of impacts fees are due prior to issuance of a building permit. 7.1.9 Comply with all Standard Conditions of Approval. 7.2 Standard Conditions of Approval 7.2.1 All proposed irrigation facilities shall be located outside of the ACHD right-of-way (including all easements). Any existing irrigation facilities shall be relocated outside of the ACHD right -of-way including all easements). 7.2.2 Private Utilities including sewer or water systems are prohibited from being located within the ACHD right-of-way. 7.2.3 In accordance with District policy, 7203.3, the applicant may be required to update any existing non-compliant pedestrian improvements abutting the site to meet current Americans with Disabilities Act (ADA) requirements. The applicant’s engineer should provide documentation of ADA compliance to District Development Review staff for review. 7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.2.5 A license agreement and compliance with the District’s Tree Planter policy is required for all landscaping proposed within ACHD right-of-way or easement areas. 7.2.6 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.2.7 It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call 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 ACHD conduits (spare or filled) are compromised during any phase of construction. 7.2.8 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District’s Utility Coordinator at 387-6258 (with file numbers) for details. 7.2.9 All design and construction shall be in accordance with the ACHD Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD EXHIBIT A Bancroft Square - RZ, PP, CUP, MDA H-2016-0055 PAGE 22 Standards unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.2.10 Construction, use and property development shall be in conformance with all applicable requirements of ACHD prior to District approval for occupancy. 7.2.11 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant’s authorized representative and an authorized representative of ACHD. The burden shall be upon the applicant to obtain written confirmation of any change from ACHD. 7.2.12 If the site plan or use should change in the future, ACHD Planning Review will review the site plan and may require additional improvements to the transportation system at that time. Any change in the planned use of the property which is the subject of this application, shall require the applicant to comply with ACHD Policy and Standard Conditions of Approval in place at that time unless a waiver/variance of the requirements or other legal relief is granted by the ACHD Commission. EXHIBIT A Bancroft Square - RZ, PP, CUP, MDA H-2016-0055 PAGE 23 Exhibit C: Legal Description & Exhibit Map for Rezone EXHIBIT A Bancroft Square - RZ, PP, CUP, MDA H-2016-0055 PAGE 24 EXHIBIT A Bancroft Square - RZ, PP, CUP, MDA H-2016-0055 PAGE 25 Exhibit D: Required Findings from Unified Development Code 1. REZONE: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; The City Council finds the proposed density and associated R-8 zoning is consistent with the applicable provisions of the Comprehensive Plan in regard to the MU-C future land use map designation for this site. b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council finds that the proposed map amendment and subsequent development will contribute to the range of housing opportunities available in the City. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; Based on testimony provided at the public hearing, the City Council finds that the proposed zoning amendment will not be materially detrimental to the public health, safety, or welfare. 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 City Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The annexation is in the best of interest of the City (UDC 11-5B-3.E). Because this application is for a rezone, this finding is not applicable. 2. PRELIMINARY PLAT: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: a. The plat is in conformance with the Comprehensive Plan; The City Council finds that the proposed plat is in substantial compliance with the adopted Comprehensive Plan in regard to density, 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 City Council finds that public services will be provided to the subject property upon development. (See Exhibit B of the Staff Report for more details from public service providers.) EXHIBIT A Bancroft Square - RZ, PP, CUP, MDA H-2016-0055 PAGE 25 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 developer at their own cost, the City Council finds that the subdivision will not require the expenditure of capital improvement funds. d. There is public financial capability of supporting services for the proposed development; Based on comments provided by the public service providers (i.e., Police, Fire, ACHD, etc.), the City Council finds there is public financial capability of supporting services for this development. (See Exhibit B for more detail.) e. The development will not be detrimental to the public health, safety or general welfare; and The City Council finds this development will not be detrimental to the public health, safety or general welfare based on testimony provided at the public hearing. ACHD considers road safety issues in their analysis. 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 City Council finds that if the site is designed in accord with the preliminary plat and landscape 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-8 zoning district. b. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. The City Council finds that the proposed single-family residential use in the R-8 district meets the objectives of the Comprehensive Plan and is consistent with UDC standards. 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. Based on testimony provided at the public hearing, the City Council finds that the general design, construction, operation and maintenance of the single-family residential development will be compatible with existing residential and future mix of 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. 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 City 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 A Bancroft Square - RZ, PP, CUP, MDA H-2016-0055 PAGE 26 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 City 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 City 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 City 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 City 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. Based on testimony provided at the public hearing, the City Council finds that the proposed development will not result in the destruction, loss or damage of any natural feature(s) of major importance.