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Roundtree Place Sub AZ PP H-2016-0081ADA COUNTY RECORDER Christopher D. Rich 2016-109498 BOISE IDAHO Pgs=38 DAWN TRIVOLIS 11/10/2016 02:11 PM CITY OF MERIDIAN, IDAHO NO FEE DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2, Corey Barton Homes, Owner 3, Trilogy Development; Developer THIS DEVELOPMENT AGREEMENT (this. Agreement), is made and entered into this __�_ day of (,10 u l6(?4 - , 2016, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called CITY whose address is 33 E. Broadway Avenue, Meridian) Idaho 83642 and Corey Barton Homes, whose address is 1977 E, Overland Road, Meridian, Idaho 83642, hereinafter called OWNER and Trilogy Development; whose addregs.is 9839 W. Cable Car Street, Suite 101, Boise, Idaho 83709, hei,einafter called DEVELOPER, 1. RECITALS: 1.1 WHEREAS, Owner is the sole owner, in law and/orequity, of cstl.ain tract of land in the County of Ada, State of Idaho, described in Exhibit "A", which is attached hereto and by -this reference incorporatedherein as if set forth in full, herein after referred to as the Property; and 1.2 WHEREAS, Idaho Code § 67-6511A provides that cities may, by ordinance, require 'or permit as a condition of zoning that the Owner and/or Developer make a written commitment concerning the use or development ofthe ubject Property; and 1;3 WHEREAS, City has exercised its statutory authority by the enactment of Section 11-5B-3 of the Unified Development Code ("UDC"); which authorizes development agreements upon the annexation and/or re -zoning of land; and 1.4 WHEREAS, Owner and/or Developer has submitted an application for. the annexation of approximately 538 acres of land from the RUT zoning.district in Ada County to the R-8 (Medium Density Residential) zoning district (as described in Exhibit "A"), under the Unified Developtixent =Code, which generally describes how the Property will be developed and what improvements will be made; and 1.5 WHEREAS, Owner and/or Developer made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the Property will -be developed and what improvements will be made; and DEVELOPMENT AGREEMENT — ROUNDTREE PLACE SUBDIVISION H -20J 6,0081 PAGE 1 OF 9. 1.6 WHEREAS, the record of the proceedings for the requested preliminary plat on the Property held before the Planning & Zoning Commission, and subsequently before the City Council, includes responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and includes further testimony and comment; and 1.7 WHEREAS, on the 20`x' day of September, 2016, the Meridian City Council approved certain Findings of Fact and Conclusions of Law and Decision and Order ("Findings"), which have been incorporated into this Agreement and attached as Exhibit `B"; and 1.8 WHEREAS, the Findings require the Owner and/or Developer to enter into a Development Agreement before the City Council takes final action on final plat; and 1.9 WHEREAS, Owner and/or Developer deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and request; and 1.10 WHEREAS, City requires the Owner and/or Developer to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions ofthis Agreement, herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property Owner and to ensure zoning designation are in accordance with the amended Comprehensive Plan of the City of Meridian on April 19, 2011, Resolution No. 11-784, and the UDC, Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 CITY: means and refers to the City of Meridian; a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho 83642. 3,2 OWNER: means and refers to Corey Barton Homes, whose address is 1977 DEVELOPMENT AGREEMENT - RoUNDTREE PLACE SUBDIVISION H-2016-0081 PAGE 2 or 9 E. Overland Road, Meridian, Idaho 83642, the party that owns said Property and shall include any subsequent owner(s) of the Property. 3.3 DEVELOPER: means and refers to Trilogy Development, whose address is 9839 W. Cable Car Street, Suite 101, Boise, Idaho 83709, the party that is developing said Property and shall include any subsequent developer(s) of the Property. 3.4 PROPERTY: means and refers to that certain parcel(s) of Property located in the County of Ada, City of Meridian as described in Exhibit "A" describing the parcels to be re -zoned Medium Density Residential (R-8) and attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right to develop the Property in accordance with the terms and conditions of this Agreement. 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under the UDC. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner and/or Developer shall develop the Property in accordance with the following special conditions: 5.1.1 Future development of this site shall be consistent with the preliminary plat, landscape plan, and building elevations in Exhibit A of the attached Findings of Fact and Conclusions of Law with attached Staff Report (Exhibit B). 5.1.2 All single-family dwellings constructed within the project shall substantially conform to the materials and elevations proposed and included inExhibit A of the attached Findings of Fact and Conclusions of Law with attached Staff Report (Exhibit B), excluding the two story home. Because homes on lots whose side or rear face on S. Linder Road (Lots 1-3 and Block 1), and W. Waltman Street (Lot 1, Block 1, Lots 1, 7, and 9, Block 2) will be highly visible; the side of any structure that faces the public street on these lots, shall incorporate articulation through changes in materials, color, modulation, and architectural elements (horizontal and vertical) to break up monotonous wall planes and roof lines. 5.1.3 Direct lot access to S. Linder Road is prohibited in accord with UDC 11-3A-3. 6. COMPLIANCE PERIOD This Agreement must be fully executed within six (6) months after the date of the Findings for the annexation and zoning or it is null and void. DEVELOPMENT AGREEMENT-ROUNDTREE PLACE SUBDIVISION H-2016-0081 PAGE 3 of 9 7. DEFAULT/CONSENT TO DE -ANNEXATION AND REVERSAL OF ZONING DESIGNATION: 7.1 Acts of Default, Either party's failure to faithfully comply with all of the terms and conditions included in this Agreement shall constitute default under this Agreement. 7.2 Notice and Care Period. In the event of Owner and/or Developer's default of this Agreement, Owner and/or Developer shall have thirty (30) days from receipt of written notice from City to initiate commencement of action to correct the breach and cure the default, which action must be prosecuted with diligence and completed within one hundred eighty (180) days, provided, however, that in the case of any such default that cannot with diligence be cured within such one hundred eighty (180) day period, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 7.3 Remedies. In the event of default by Owner and/or Developer that is not cured after notice as described in Section 7.2, Owner and/or Developer shall be deemed to have consented to modification of this Agreement and de - annexation and reversal of the zoning designations described herein, solely against the offending portion of Property and upon City's compliance with all applicable laws, ordinances and rules, including any applicable provisions of Idaho Code §§ 67-6509 and 67-6511. Owner and/or Developer reserve all rights to contest whether a default has occurred. This Agreement shall be enforceable in the Fourth Judicial District Court in Ada County by either City or Owner and/or Developer, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 7.4 Delay. In the event the performance of any covenant to be performed hereunder by either Owner and/or Developer or City is delayed for causes that are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 7.5 Waiver. A waiver by City of any default by Owner and/or Developer of any one or more of the covenants or conditions hereof shall apply solely to the default and defaults waived and shall neither bar any other rights or remedies of City nor apply to any subsequent default of any such or other covenants and conditions. 8. INSPECTION: Owner and/or Developer shall, immediately upon completion of any portion or the entirety of said development of the Property as required by this Agreement or by City DEVELOPMENT AGREEMENT - ROUNDTREE PLACE SUBDIVISION H-2016-0081 PAGE 4 OF 9 ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Agreement and all other ordinances of the City that apply to said Property. 9. REQUIREMENT FOR RECORDATION: City shall record this Agreement, including all of the Exhibits, and submit proof of such recording to Owner and/or Developer, prior to the third reading of the Meridian Zoning Ordinance in connection with the re -zoning of the Property by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning ofthe Property contemplated hereby, the City shall execute and record an appropriate instrument of release of this Agreement. 10. ZONING: City shall, following recordation ofthe duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. 11. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under the UDC, to insure the installation of required improvements, which the Owner and/or Developer agree to provide, if required by the City. 12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the City, or sufficient surety of performance is provided by Owner and/or Developer to the City in accordance with Paragraph 11 above. 13. ABIDE BY ALL CITY ORDINANCES: That Owner and/or Developer agree to abide by all ordinances of the City of Meridian unless otherwise provided by this Agreement. 14. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY.. City Clerk City of Meridian 33 E. Broadway Ave. Meridian, Idaho 83642 OWNER: Corey Barton Homes 1977 E. Overland Road Meridian, ID 83642 with copy to: City Attorney City of Meridian 33 E. Broadway Avenue Meridian, ID 83642 DEVELOPER: Trilogy Development 9839 W. Cable Car Street, Suite 101 Boise, ID 83709 14.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. DEVELOPMENT AGREEMENT-ROUNDTREE PLACE SUBDIVISION H-2016-0081 PAGE 5 OF 9 15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owner and/or Developer, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or Owner shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owner and/or Developer, to execute appropriate and recordable evidence oftermination of this Agreement if City, in its sole and reasonable discretion, had determined that Owner and/or Developer have fully performed their obligations under this Agreement. 18. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 19. DITTY TO ACT REASONABLY: Unless otherwise expressly provided, each party shall act reasonably in giving any consent, approval, or taking any other action under this Agreement. 20. COOPERATION OF THE PARTIES: In the event of any legal or equitable action or other proceeding instituted by any third party (including a governmental entity or official) challenging the validity of any provision in this Agreement, the parties agree to cooperate in defending such action or proceeding. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owner and/or Developer and City relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owner 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 Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. DEVELOPMENT AGREEMENT-RouNDTREE PLACE SUBDIVISION I -I-2016-0081 PAGE 6 OF 9 213 No condition governing the uses and/or conditions governing re -zoning ofthe subject Property herein provided for can be modified or amended without the approval ofthe City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed. amendment. 22, EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Cleric. [end of text; signatures, acknowledgements, and Exhibits A and 13 follow] ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER: COREY BARTON : DEVELOPER: Trilogy Develop 10 Coles,�gity Cleric oRppRAT$Oq�C 'RG CITY OF MERIDIAN Q - ur T •� S� 'O'N'E By: - '`�l Mayor Tam y Weerd DEVELOPMENT AGREEMENT-ROUNDTREE PLACE SUBDIVISION H-2016-0081 PAGE % oF.9 STATE OF IDAHO ) ss: County of Ada, ) On this�t� day of (der- , 2016, before me, the undersigned, a Notary Public in and for said State, personally appeared-���av , known or identified to me to be the -ores �, of Corey Barton Homes, and acknowledged to me that he executed the same on behalf of said Company. IN WITNES S WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL)Ej T',t T1 l L �dSG of STATE OF IDAHO } ss: County of Ada, ) moo= l `� Notary Public for Idaho Residing at: K)ankj , My Commission Expires: On this o0,day of OC ))u r , 2016, before me, the undersigned, a Notary Public in and for said State, personally appeared '34,, A- L4.dp Se- , known or identified to me to be the 'Pte 4 , 4n � of Trilogy Development, and acknowledged to me that he executed the same on behalf of said Company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. DEVELOPMENT AGREEMENT—RouNDTREEPLACE "DIVISION H-2016-0081 PAGE 8 OF 9 (SEAL) Notary Public for Idaho o tA0T4'�. d � m Residing at: g o ► u My Commission Expires: /D-vt l ®. OF ID DEVELOPMENT AGREEMENT—RouNDTREEPLACE "DIVISION H-2016-0081 PAGE 8 OF 9 STATE OF IDAHO ) ss County of Ada ) On this_ day of INC &f6M &-X- , 2016 before me, a Notary Public, personally appeared Tammy de Weerd and C.,Iay Coles, know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the. instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and -year in this certificate first above written, ,••' VNE0•'••. (SES► •,�tio r � � , r ' r t Jey-- 'Notary public for Idaho Residing at; Commission expires: 3 _a $ ^ ad a DEVELOPMENT AGREEMENT-ROUNDTREB PLACE SUBDIVISION H-2016-0081 PAGE 9 OF 9 10111I:3Yr=1 Legal Description & Exhibit Map for Annexation Bottndary J,U,B ENGINEERS, INC. J -U -B COMPANIES Roundtree Place Subdivision Annexation Description Project Number 10-16-064 lune 22, 2016 I a g'u°raw � 1 uAr uio A parcel of land being all of Lot 18, Van Hees Subdivision, according to the plat thereof filed in Book 12 of plats at Page 688, records of Ada County, Idaho; a portion of South Linder Road; and a portion of West Waltman Street; situated In the Southeast 1/4 of the Northeast 1/4 of Section 14, the Northeast 114 of the Southeast 114 of Section 14, the southwest 114 of the Northwest 114 of Section 13 and the Northwest 1/4 of the Southwest 114 of Section 13, Township 3 North, flange 1 Wast of the Boise Meridian, Ada County, Idaho and more particularly described as follows: Commencing at found aluminum cap marking the northeast corner of said Section 14from which D.5/8" rebar, marking the southeast corner of the Northeast 1/4 of said Section 14 bears South 00°33'17" West, 2,£57.50 feet; Whence from said aluminum cap along the east boundary of said Northeast 114 of Section 14, South 00°33117" West, 2,317.62 feet to the POINTOF BEGINNIN(5; Thence leaving said east boundary, South 89`12'59" East, 25.00 feet to the former east right-of-way line for South Linder Road; Thence along said former east right-of-way line, South 04'33'17" West, 364.88 feet along line parallel to and 25 feet east of the east boundary of said of Section 14 to the extension of the centerline of West Waltman Street; Thence along said centerline and extension thereof, North 89°12'41" West, 689,88 feet to the extension of the west boundary of said Van Hees Subdivision; Thence along said west boundary and the extension thereof, North 00°33'48" East, 364.82 feet to the south boundary of Tapestry Subdivision, according to the platthereof filed in Book 99 of Fiats at Page 12606 thru 12608,- Thence 2608; Thence along said south boundary and the extension thereof, South 89'12'59" FasT; 664,82 feet to the POINT OF BEGINNING. Cj f1. i.•. Said parcel contains 251,690 square feat or 5.78 acres, more or less, ,rd' End of Description, Page Iofl a 2505. Beechmodrlvenua Suite 20 Eloise, 1D 83709 p 24)6-376•7330 j 20 -323.9336 w www.jub.com Roundtree Place Subdivision H-2016-0081 0 m j�! 0 Os 2, z tt oil CM, Ck CL rn 0 t. UNDER ROAD sc 5DC1';i3'17"1i 339.88)T�33'17*W 2, 2 31 317.62' Z trti h? -,-----9jGQr33*17V o a) 0- 0 NO(r33'48'E 364.82' Z Qj Z Co R -0 —A m 0 C rri w E; v7 i W 9 < Co —M Q 0- 0 m j�! 0 Os 2, z tt oil CM, Ck CL rn 0 t. UNDER ROAD Roundtree Place Subdivision H-2016-0081 tt oil t. UNDER ROAD sc 5DC1';i3'17"1i 339.88)T�33'17*W 2, 2 31 317.62' 364.88' trti h? -,-----9jGQr33*17V o a) 0- 0 Z Qj Roundtree Place Subdivision H-2016-0081 EXHIBIT B CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for Annexation and Zoning of 5.78 Acres of Land with an R-8 Zoning District; and Preliminary Plat Consisting of twenty-three (23) single-family residential building lots and four (4) common lots on 5.78 acres of land for Roundtree Place Subdivision located at 755 S. Linder Road, by Trilogy Development. Case No(s). H-2016-0081 For the City Council Hearing Date of: September 6, 2016 (Findings on September 20, 2016) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of September 6, 2016, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of September 6, 2016, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of September 6, 2016, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of September 6, 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 comments) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0081 -1- 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 annexation approval is subject to a development agreement containing the provisions in the attached Staff Report for the hearing date of September 6, 2016, incorporated by reference. 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 annexation and zoning was approved with an R-8 zoning district with the requirement of a Development Agreement with the provisions noted in the Staff Report for the hearing date of September 6, 2016, attached as Exhibit A. 2. The applicant's request for a preliminary plat is hereby approved based on the findings in the Staff Report for the hearing date of September 6, 2016, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Six (6) Month 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 11-513-31)). 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 11-513-3F). E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of September 6, 2016 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0081 -2- By action of the City Council at its regular meeting held on the � day of M-elg � , 2016. COUNCIL PRESIDENT KEITH BIRD VOTED VeC COUNCIL VICE PRESIDENT JOE BORTON VOTED ft COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED req{ COUNCIL MEMBER TY PALMER VOTED ft COUNCIL MEMBER LUKE CAVENER VOTED rt COUNCIL MEMBER GENESIS MILAM VOTED Ye4 MAYOR TAMMY de WEERD VOTED (TIE BREAKER) Mayor Ta y e et`d nF�P`iED AUGt.. Attest: (Ot- Copy Cily urE IDIAN�.C. Jay les SEALCity Cleric ,P served upon Applicant, The Planning Division, Public Works Department and City Attorney. By: � a r. -h.) � i -�Ut Dated: City Cleric's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0081 -3- EXHIBIT A STAFF REPORT Hearing Date: September 6, 2016 (��zWE IDIAN'1-1 TO: Mayor and City Council FROM: Josh Beach, Associate Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Roundtree Place Subdivision — AZ and PP (H-2016-0081) L SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Trilogy Development, has submitted an application for annexation and zoning (AZ) of 5.78 acres of land with an R-8 zoning district; and a preliminary plat (PP) consisting of twenty-three (23) building lots and four (4) common lots on 5 acres of land in the R-8 zoning district for Roundtree Place Subdivision. NOTE: 77ie proposed development is a resubdivison of Lot 18 of the Val? Hees Subdivison. All County records (the recorded plat and Ada County Assessor) indicate that the subject parcel is 5 acres in size thus staff has based its analysis of the open space and site amenities on. the County records. See analysis below. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed AZ and PP applications in accord with the conditions of approval in Exhibit B and the Findings of Fact and Conclusions of Law in Exhibit D. The Meridian Planning & Zoning Commission heard these items on August 4th, 2016. At the public hearing on August 4t°, the Commission moved to recommend approval of the subject AZ and PP requests. a. Summary of Commission Public Hearing: L In favor: Kristi Watkins (applicant) ii. In opposition: None iii. CommentinLx: Jeanette Ockerman, Ron Hohnstein, Andrew Gowans iv. Written testimony: None v. Staff presenting application: Josh Beach vi. Other staff commenting on application: Bill Parsons b. Key issue(s) of Public Testimony: L. Proposed density ii. Fencing along Waltman Road iii. Safety of children crossing Linder to get to the elementary school iv. Traffic, direct access to Linder from the proposed subdivision v. Removing the direct access to Waltman Road vi. The capacity of Peregrine Elementary School c. Key Issues of Discussion by Commission: L Safety of children getting to Peregrine Elementary, and providing additional crossing guards across Linder. jL Proposed density of the development iii Traffic to and from the are both for the school as well as the increased number of homes in the area. Roundtree Place Subdivision H-2016-0081 PAGE 1 EXHIBIT A iY. The addition of the pathway through a common lot to the sidewalk along S. Linder Road. d. Commission Chanue(s) to Staff Recommendation: L Remove condition 1.1.3b. The applicant has complied with this condition. ii. Remove condition 1.1.3c. With the addition of new condition 1.1.3b, the applicant will comply with this condition. iii. Add new condition 1.1.3b. The Commission recommended that the applicant provide a pedestrian pathway from S. Tree Top Avenue through the proposed common lot to the proposed sidewalk in the landscape buffer along S. Linder Road. iv. Remove condition 1.1.1C that required the removal of the home immediately upon annexation. e. Outstanding Issue(s) for City Council: L None The Meridian City Council heard this item on September 6th, 2016. At the public hearings, the Council moved to approve the AZ and PP request. a. Summary of City Council Public Hearing: L In favor: Scott Wonders (applicant) ii. In opposition: None iii. Commenting: Ron Newberry iv. Written testimony: None v. Staff presenting application: Josh Beach vi. Other staff commenting on application: None b. Key Issues of Discussion by Council: i. The increase in traffic and safety of children walking to the elementary school. c. Ivey Council Changes to Staff/Commission Recommendation i. None III. PROPOSED MOTION Denial Approval After considering all staff, applicant and public testimony, I move to recommmend approval to the City Council of File Number H-2016-0081, as presented in the staff report for the hearing date of August 4, 2016, with the following modifications: (Add any proposed modifications). Denial After considering all staff, applicant and public testimony, I move to recommend denial to the City Council of File Number H-2016-0081, as presented during the hearing on August 4, 2016, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2016-0081 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is located at 755 S. Linder Road, in the NE i/4 of Section 14, Township 3 North, Range 1 West. B. Owners: Roundtree Place Subdivision H-2016-0081 PAGE 2 EXHIBIT A Corey Barton Homes 1977 E. Overland Road Meridian, ID 83642 C. Applicant: Trilogy Development 9839 W. Cable Car Street, Suite 101 Boise, ID 83709 D. Representative: JUB Engineers 250 S. Beechwood, Suite 201 Boise, ID 83709 E. Applicant's Statement/Justification: Please see applicant's narrative for this information. V. PROCESS FACTS A. The subject application is for annexation and zoning and preliminary plat. A public hearing is required before the Planning & Zoning Commission and City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: July 18 and August 1, 2016 (Commission); August 15 and August 29, 2016 (Council) C. Radius notices mailed to properties within 300 feet on: July 15, 2016 (Commission); August 11, 2016 (Council) D. Applicant posted notice on site(s) on: July 25, 2016 (Commission); August 26, 2016 (Council) VI. LAND USE A. Existing Land Use(s) and Zoning: The annexation area consists of a vacant agricultural property and a single-family home zoned RUT in Ada County. B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: Single-family residential properties in Tapestry Subdivision, zoned R-8. 2. East: S. Linder Road; single-family residential zoned property in Mallard Landing Subdivision, zoned R-4. 3. South: Single-family residential properties in Primrose Subdivision, zoned RUT (Ada County) 4. West: Peregrine Elementary School, zoned R-4. C. History of Previous Actions: In 1948, the subject property was platted as a 5 acre lot (Lot 18) as part of the Van Hees Subdivision. D. Utilities: 1. Location of sewer: A sanitary sewer main intended to provide service to the proposed development currently exist adjacent to the east of the proposed development. 2. Location of water: Water mains intended to provide service to the proposed development currently exist adjacent to the south and north of the proposed development. Roundtree Place Subdivision H-2016-0081 PAGE 3 EXHIBIT A 3. Issues or concerns: Applicant shall be required to loop the proposed water system to the existing water mains adjacent to the proposed development. E. Physical Features: L Canals/Ditches Irrigation: No major facilities. 2. Hazards: Staff is not aware of any hazards that exist on this property. 3. Flood Plain: This site does not lie within the Meridian Floodplain Overlay District. VII. COMPREHENSIVE PLAN POLICIES AND GOALS The Comprehensive Plan Future Land Use Map (FLUM) designates this site as Medium Density Residential (MDR). MDR designated areas allow smaller lots for residential purposes within City limits. Uses may include single-family homes at gross densities of 3 to 8 dwelling units per acre (d.u./acre). The applicant proposes to develop the property with twenty-three (23) single-family detached dwellings at a gross density of 4.62 dwelling units per acre (d.u./acre) and a net density of 6.69 d.u./acre. Staff finds the density proposed by the applicant with the preliminary plat is consistent with the MDR designation. Staff fords the following Comprehensive Plan policies to be applicable to this property and apply to the proposed use (staff analysis in italics): 1. "Restrict private curb cuts and access points on collectors and arterial streets."(3.06.02D, Page 53) The proposed development will not connect to S. Linder Road which is an arterial street. Access to the subdivision will be through the Tapestry Subdivision using W. Bayeux Drive and S. Flintstone Avenue, or from W Waltman Street. 2. "Require appropriate landscaping and buffers along transportation corridor (Setback, vegetation, low walls, berms, etc.)." (3.06.02F) The landscape plan submitted by the applicant depicts a landscape buffet; however it does not meet the width requirements as set forth in UDC 11 -3B -7C. 3. "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, Page 56) If approved, the proposed single-family detached would contribute to the varieo� of housing types available within the Cit), consistent with the surrounding residential developments. 4. "Require usable open space to be incorporated into new residential subdivision plats." (3.07.02A Page 55) UDC 11-3G-3 requires that a minimum of 10% of open space be provided as well as one site amenity. The plat as designed provides approximately 4.4% useable open space. Prior to the Commission hearing, the applicant should submit a revised platproviding the required 10% open space. 5. "Require common area in all subdivisions." (3.07.02F) The proposed plat depicts a total of 0.22 acres of qualified open. space. The applicant has provided open space for the development; however the UDC requires that subdivisions with 5 Roundtree Place Subdivision H-2016-0081 PAGE 4 EXHIBIT A acres or more provide 10% open space. This property is a re -subdivision of a county subdivision. That recordedplat depicts this property as a 5 acre parcel; thus the property) must develop with 10 percent open space and one (1) amenity per UDC 11-3G-3. 6. "Require pedestrian access in all new development to link subdivisions together and promote neighborhood connectivity." (3.07.02C) The preliminary plat shows a five foot sidewalk that would connect the proposed development to the Tapestry Subdivision to the north, as well as to the existing sidewalk along W. Waltman Street. A five foot detached sidewalk is required along S. Linder- Road. 7. "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) Cite services are available and will be extended by the developer to the proposed lots upon development of the site in accord with UDC 11-3A-21. 8. "Review new development for appropriate opportunities to connect local roads and collectors to adjacent properties (stub streets). (3.03.020 Page 48) The proposed plat depicts connections to the existing stub street from the north. The new roadway will facilitate a connection to W Waltman Street. 9. "Support infill of vacant lots in substantially developed, single-family areas at densities similar to surrounding development." (3.07.02I Page 55) The subject property is adjacent to existing single-family Homes and similar lot sizes to the north in Tapestry Subdivision. The proposed development, with the proposed zoning of R-8, is similar to the surrounding uses. All of the proposed lots exceed the minimum standards of R- 8 district. Based on the above analysis, staff finds that the proposed development is generally consistent with the comprehensive plan. VIII. UNIFIED DEVELOPMENT CODE (UDC) A. Purpose Statement of Zone: Per UDC 11-2A-1, the purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. The medium density residential (R-8) district allows a maximum gross density of 8 dwelling units per acre. B. Schedule of Use: Unified Development Code (UDC) Table 11-2A-6 lists the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the R-8 zoning district. Any use not explicitly listed, or listed as a prohibited use is prohibited. The proposed use of the site for single- family detached dwellings is principally permitted use in the R-8 zoning district. C. Dimensional Standards: Development of the site should be consistent with the dimensional standards listed in UDC Tables 11-2A-6 for the R-8 zoning district. D. Landscaping: Street buffer landscaping shall be installed in accordance with the standards listed in UDC Table 11-2A-6 for the R-8 zoning district. E. Common Open Space and Site Amenity Requirements: Common open space and site amenities are required to be provided on the site in accord with the requirements listed in UDC 11-3G-3. F. Off -Street Parking: Off-street parking is required in accord with UDC Table 11-3C-6 for single- family dwellings. Roundtree Place Subdivision H-2016-0081 PAGE 5 EXHIBIT A IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: Annexation & Zoning: The applicant has applied for annexation and zoning of 5.78 acres of land with an R-8 zoning district. As discussed above in Section VII, staff believes the proposed zoning and density is consistent with the vision of the Comprehensive Plan. The legal description submitted with the application, included in Exhibit C, shows the boundaries of the property proposed to be annexed. The property is contiguous to land that has been annexed. The City may require a development agreement (DA) in conjunction with an annexation pursuant to Idaho Code section 67-6511A. To ensure the site develops as proposed and recommended by staff with this application, staff recommends a DA as a provision of annexation with the provisions included in Exhibit B. Preliminary Plat: The proposed plat consists of twenty-three (23) building lots and four (4) common lots on 5 acres of land. The R-8 zoning district is proposed for the development (see Exhibit A.2). The gross density for the subdivision is 4.62 d.u./acre. The average lot size is 6,515 square feet. Existing Structures: There is an existing single family home on the site that will be demolished as part of this project. Dimensional Standards: Development of this site is required to comply with the dimensional standards listed in UDC 11-2A-3 and Table 11-2A-6 for the R-8 district and. Staff has reviewed the proposed plat and found it to be in compliance with the R-8 dimensional standards. Block Length: The plat is required to comply with the block length standards listed in UDC 11- 6C -3F. Staff has reviewed the proposed plat and found it to be in compliance with the aforementioned standards. Common Driveways: For any plats using a common driveway, the setbacks, building envelope, and orientation of the lots and structures shall be shown on the preliminary plat and/or as an exhibit with the final plat application. Staff has determined that the preliminary plat does not show the required details as set forth in UDC 11-6C-3 and several of the lots are proposed to take access from a common drive (Lots6-8, Block 1 and Lots 5-7 and Lots 9-11, Block 2). At the time of final plat submittal, the applicant shall submit an exhibit showing the required setbacks, building envelopes and building orientation of all lots that take access from a common drives. Access: Vehicular access is proposed for this site via an extension of S. Flintstone Avenue, and a vehicular access to W. Waltman Lane. No direct lot access to S. Linder Road is proposed or permitted for the proposed development. Streets: All of the proposed streets depicted on the plat are public. A total of 50 -feet of right-of- way is proposed throughout the subdivision with 33 feet between the back of curbs. ACHD's staff has indicated support of the road design as proposed by the applicant. Sidewalks: Sidewalks are required along all public streets as set forth in UDC 11-3A-17. The applicant proposes to construct 5 -foot wide attached sidewalks throughout the development and a 5 -foot wide detached sidewalk adjacent to S. Linder Road. Landscaping: A landscape plan was submitted with this application for the area proposed to be platted as shown in Exhibit A.4. A 25 -foot wide street buffer is required along S. Linder Road, an arterial street, per UDC Table 11-2A-6 and is required to be landscaped in accord with the standards listed in UDC 11 -3B -7C. The buffer shown on the landscape plan does not meet the requirements of the UDC. All street buffers with detached sidewalks shall be measured from the ultimate curb location as anticipated by ACRD. Detached sidewalks shall have an average Roundtree Place Subdivision H-2016-0081 PAGE 6 EXHIBIT A minimum separation of greater than four (4) feet to back of curb. The applicant shall construct a 25 foot landscape buffer as required by UDC 11-313-7 and revise the plan accordingly. Further, the applicant is proposing to construct a 10 -foot wide landscape buffer adjacent to W. Waltman Street. To ensure a uniform landscape buffer along said roadway, staff recommends that the applicant construct the same buffer width on Lot 1, Block 1. Tree Mitigation: If there are any existing trees on the site that are proposed to be removed, the applicant should contact Elroy Huff, City Arborist, at 888-3579 to schedule an appointment to confirm mitigation requirements prior to removal of any trees on the site. The landscape plan incorrectly motes that there are no existing trees onn the site. Fencing: All fencing should comply with the standards listed in UDC 11-3A-613 and 11-3A-7. The landscape plan does not depict any proposed fencing for the subdivision. With the submittal of the final plat application, the applicant shall submit a master fencing plan for the entire development. Open Space: Based on the area of the preliminary plat (5 acres), a minimum of 0.50 acres of qualified useable open space is required to be provided as set forth in UDC 11 -3A -3B. Based on the preliminary plat the applicant is proposing 0.22 acres which is 4.4% of the proposed development. Prior to the Commission hearing, the applicant shall (at a minimum) provide a revised plat that demonstrates compliance with 10% open space. Staff recommends that the applicant convert Lot 3, Block 1 from a buildable lot to a common lot and add additional open space to the south boundary of Lotl, Block 1 (10 -foot landscape buffer as noted above). If the aforementioned changes are made, staff believes the plat will conform to the open space requirements set forth in UDC 11-3 G. Site Amenities: All developments consisting of five acres of more are required to provide a minimum of one site amenity; one additional site amenity is required for each additional 20 acres per UDC 11 -3G -3A.2, in accord with the standards listed in UDC 11 -3G -3C. Based on the area of the preliminary plat as determined by staff (5 acres), staff recommends a minimum of 1 qualified site amenity be provided. The applicant has not proposed a site amenity as set forth in UDC 11 -3G -3C. Prior to the Commission hearing, the applicant shall revise the landscape plan and incorporate one amenity as set forth UDC 11 -3G -3C. Pressurized Irrigation (PI): An underground PI system is required to be provided to each lot in the subdivision as proposed in accord with UDC 11-3A-15. Building Elevations: The applicant is proposing to construct detached single-family homes. The applicant has submitted 4 conceptual sample building elevations for future homes in this development, included in Exhibit AA. Building materials appear to consist of a mix of horizontal lap siding, board and batten with stone accents. For the most part, staff is supportive of the proposed elevations. In the elevation exhibit below, staff does not supportive of one of the elevations because the living space and garage does not provide adequate modulation. Staff recoinmends that this elevation not be part of the recorded development agreement. Because homes on lots whose side or rear face S. Linder Road (Lots 1-3 and 6, Block 1), S. and W. Waltman Street (Lot 1, Block 1, Lots 1, 7, and 9, Block 2) will be highly visible; staff recommends that the side of any structure that faces the public street on these lots, incorporate articulation through changes in materials, color, modulation, and architectural elements (horizontal and vertical) to break up monotonous wall planes and roof lines. Compliance with these standards will be verified prior to applying for a building permit for said lots. Roundtree Place Subdivision H-2016-0081 PAGE 7 EXHIBIT A In accord with the Findings contained in Exhibit D, Staff recommends approval of the proposed annexation and preliminary plat requestfor this site. Staff has included comments and recommended conditions from other City departments in Exhibit B of this report. X. EXHIBITS A. Drawings/Other 1. Vicinity Map 2. Proposed Preliminary Plat (dated: 06/29/16) 3. Proposed Landscape Plan (dated: 06/02/16) 4. Conceptual Building Elevations B. Agency & Department Comments/Conditions C. Legal Description & Exhibit Map for Annexation Boundary D. Required Findings from Unified Development Code Roundtree Place Subdivision H-2016-0081 PAGE 8 EXHIBIT A A. Drawings 1. Vicinity Map Vicinity Map 0 0.175 0.3Miles 0 Roundtree Place Subdivision H-2016-0081 PAGE 9 EXHIBIT A 2. Proposed Preliininaty Plat (dated: 06/29/16) PRELI!91\4RY PLAT FOR ams�ny•^"•- �_.. �" �I �' ', ROUNDTREEPLACE SUBDIVISION 'y:` ARESU8DM VOf U0TIB,OFYM1YYEESSU3QiYktl4Y -- '�'« tjjj���-,✓�`+ff`�� �tk , SITUATEO N TIE$OUTWAST QUARTER Of THE N0RrMT0UARTFR0FSECTKf74l, TWiHSFFP 7 t,ORRi, RANOEi WEST, EOMNEArt1AN - r CITY OFMERIDIAN, ADACOUNTY,IDAHO. + � 2916 µrf7r�E'�juuli�tA 3d.Iz x TFllx" � Roundtree Place Subdivision H-2016-0081 PAGE 10 I'M Pe • u- {{� U Q a F nor m+ e R 51 mum %K m? o (� WZ Roundtree Place Subdivision H-2016-0081 PAGE 10 EXHIBIT A 3. Proposed Landscape Plan (dated: 06/02/2016) o Y i r t ill t i i .w mo � o � QL PWiTSCHEIXRE � !LP -101 1 Roundtree Place Subdivision H-2016-0081 PAGE I 1 EXHIBIT A 4. Conceptual Building Elevations Roundtree Place Subdivision H-2016-0081 PAGE 13 EXHIBIT A B. EXHIBIT B - AGENCY & DEPARTMENT COMMENTS/CONDITIONS 1. PLANNING DEPARTMENT 1.1 Site Specific Conditions of Approval 1.1.1 A Development Agreement (DA) is required as aprovision of annexation of this property. Prior to the annexation ordinance approval and the acceptance of a final plat application, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of annexation ordinance adoption, and the developer. Currently, a fee of $303.00 shall be paid by the applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the City within six months of the City Council granting annexation. The DA shall, at minimum, incorporate the following provisions: a. Future development of this site shall be consistent with the preliminary plat, landscape plan) and building elevations attached in Exhibit A and the revisions noted in the staff report. b. All single-family dwellings constructed within the project shall substantially conform to the materials and elevations proposed and included in Exhibit AA, excluding the two story home. Because homes on lots whose side or rear face S. Linder Road (Lots 1-3 and 6, Block 1), and W. Waltman Street (Lot 1, Block 1, Lots 1, 7, and 9, Block 2) will be highly visible; the side of any structure that faces the public street on these lots, shall incorporate articulation through changes in materials, color, modulation, and architectural elements (horizontal and vertical) to break up monotonous wall planes and roof lines. e. All existing stmetur-es on the prope" shall be femwxed iffffnediately "on annexation in the eit�,. c. Direct lot access to S. Linder Road is prohibited in accord with UDC 11-3A-3. 1.1.2 The preliminary plat, dated 06/29/16, is approved with the following changes: a. The applicant shall include a common lot on the south side of Lot 1, Block 1 to match the width (10') of the other common lot adjacent to W. Waltman Street, 1.1.3 The landscape plan dated 06/02/16, is approved with the following changes: a. With the submittal of the final plat application, the applicant shall submit a master fencing plan for the entire development. The landscape plan does not depict the required 25 foot of landscaping on the frontage of S. Linder Road. All street buffers with detached sidewalks shall be measured from the ultimate curb location as anticipated by ACHD. Detached sidewalks shall have an average minimum separation of greater than four (4) feet to back of curb. Prior to the Commission hearing, the landscape plan shall be revised to meet the requirements of UDC 11-3B-7. b. The landscape plan does not show the Fequired 0 of qualified open spaee as requir-ed-by UDC 11 3G 3. -Prief to the Commission hearing, the landseape plan shall be revised to r-efle the required qualified open spaee. Staff r-eeemmends that the applieapA eonveFt Lot 3, -Bleek -1 from a buildable lot to a common lot and add additional open spaee to the south boundary of Lot!, -Bleek 1 (10 foot landseape buffer as noted in eondition 1.2.2a. above). e. The landseape plan does not show the one (1) required ameffib, f6F the development as required by UDG 11 3G 3. Priof to the Commission hearing, the appheant shall revise the site plan to ,Beet the fequirements of UDC 11 3r_ 3-C L V 1 1 J V J V. Roundtree Place Subdivision H-2016-0081 PAGE 14 EXHIBIT A b. The applicant shall provide a pathway amenity on Lot 4, Block 1 extending from S. Tree Top Ave. to the proposed sidewalk within the 25 foot landscape buffer along S. Linder Road, and this pathway shall be landscaped according to UDC 11-3B-12. 1.1.4 Sidewalks are required along all public streets as set forth in UDC 11-3A-17. Five-foot wide attached sidewalks are required along both sides of S. Flintstone Ave., W. Roundtree St. and S. Tree Top Ave., and a 5 -foot wide detached sidewalk is required along S. Linder Rd. 1.1.5 Lots 6, 7, and 8, Block 1 and Lots 5-7 and 9-11, Block 2 shall take access from common driveway as proposed if the Commission and Council approve the use of the common driveway as shown. An exhibit depicting the setbacks, building envelope and orientation of lots and structures shall be submitted with a future final plat application. Include note on the final plat that addresses access across the lots and the responsible party for maintenance of the common driveway. 1.1.6 Prior to the issuance of a building permit, the applicant shall record a final plat. 1.2 General Conditions of Approval 1.2.1 Comply with all bulk, use, and development standards of the R-8 zoning district listed in UDC Table 11-2-A-5. 1.2.2 Comply with all provisions of 11-3A-3 with regard to access to streets. 1.2.3 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set forth in UDC 11-3A-6. 1.2.4 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11-3A- 15, UDC 11-313-6 and MCC 9-1-28. The applicant shall provide a waiver from the applicable irrigation district that the property does not have water rights and/or water delivery to the subj ect property with the submittal of a final plat application. 1.2.5 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11 -3B -5J. 1.2.6 Construct all off-street parking areas consistent with the standards as set forth in UDC 11-3C-6 for single-family dwellings. 1.2.7 Construct the required landscape buffers consistent with the standards as set forth in UDC 11-313- 7C. 1.2.8 Comply with all subdivision design and improvement standards asset forth in UDC 11-6C-3, including but not limited to cul-de-sacs, common driveways, easements, blocks, street buffers, and mailbox placement. 1.2.9 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 11-313-10. 1.2.10 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 applicant and/or assigns shall have the continuing obligation to provide irrigation that meets the standards as set forth in UDC 11-3B-6 and to install and maintain all landscaping as set forth in UDC 11-3B-5, UDC 11-3B-13 and UDC 11-3B-14. 1.3.2 All common open space and site amenities shall be maintained by an owner's association as set forth in UDC 11 -3G -3F1. 1.3.3 The project is subject to all current City of Meridian ordinances and previous conditions of approval associated with this site. Roundtree Place Subdivision H-2016-0081 PAGE 15 EXHIBIT A 1.3.4 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. 1.3.5 The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. 1.3.6 The applicant and/or property owner shall have an ongoing obligation to maintain all landscaping and constructed features within the clear vision triangle consistent with the standards in UDC 1I - 3A -3. 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 applicant shall complete all improvements related to public life, safety, and health as set forth in UDC 11-5C-313. A surety agreement may be accepted for other improvements in accord with UDC 11 -5C -3C. 1.4.3 The final plat, and any phase thereof, shall substantially comply with the approved preliminary plat as set forth in UDC 11 -6B -3C2. 1.4.4 The applicant shall obtain approval for all successive phases of the preliminary plat within two years of the signature of the City Engineer on the previous final plat as set forth in UDC 11 -6B - 7B (if applicable). 1.4.5 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. 1.4.6 Upon installation of the landscaping and prior to inspection by Planning Division staff, the applicant shall provide a written certificate of completion as set forth in UDC 11 -3B -14A. 2. PUBLIC WORKS DEPARTMENT 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 6-7 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 the installation of a 30' LED Type 1 light at the intersection of Linder Road and Waltman Street. Type 2 lights will be required on the subdivisions internal streets and along the frontage of Wathnan Street. 2.1.2 In lieu of extending a water main down the westerly common drive, applicant shall install services and meters adjacent to the public right-of-way, and then run service lines to each individual lot on the common drive. 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. Roundtree Place Subdivision H-2016-0081 PAGE 16 EXHIBIT A 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 9-1-28C1). 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. 2.2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.2.10 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. Roundtree Place Subdivision H-2016-0081 PAGE 17 EXHIBIT A 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 Pernutting 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-I 4B. 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 peal-, 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 structures 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.meiidiancity.org/public_worIcs.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. 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 has no comment on this application. Roundtree Place Subdivision H-2016-0081 PAGE 18 EXHIBIT A 4, FIRE DEPARTMENT 4.1 Homes who take access from a common driveway shall post their address at the entrance to the common driveway. 5. REPUBLIC SERVICES 5.1 Republic Services wants to ensure that the garbage totes get to the end of the common drives on service day. 6. PARKS DEPARTMENT 6.1 Parks Department has no comments 7. ADA COUNTY HIGHWAY DISTRICT 7.1 Site Specific Conditions of Approval 7.1.1 Improve Linder Road abutting the site with pavement a minimum of 17 -feet fiom centerline plus a 3 -foot wide gravel shoulder adjacent to the entire site. 7.1.2 Dedicate 48 -feet of right-of-way from centerline on Linder Road abutting the site. 7.1.3 Construct 5 -foot wide concrete sidewalk on Linder Road abutting the site. The front edge of sidewalk shall be located no less than 41 -feet from the centerline of Linder Road. 7.1.4 Construct all internal streets as 33 -foot street sections, with rolled curb, gutter and 5 -foot wide concrete sidewalk within 50 -feet of right-of-way. Continue Flintstone Avenue south into the site tapering down to a 33 -foot street section. 7.1.5 Replace any deteriorated or deficient sidewalk, curb, gutter or pedestrian facilities along Waltman Street abutting the site. 7.1.6 Payment of impacts fees are due prior to issuance of a building permit. 7.1.7 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 ACRD right-of-way (including all easements). 7.2.2 Private Utilities including sewer or water systems are prohibited from being located within the ACRD 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. Roundtree Place Subdivision H-2016-0081 PAGE 19 EXHIBIT A 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 ACED 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 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 ACRD 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 ACRD. The burden shall be upon the applicant to obtain written confirmation of any change from ACRD. 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. Roundtree Place Subdivision H-2016-0081 PAGE 20 EXHIBIT A Roundtree Place Subdivision H-2016-0081 PAGE 21 EXHIBIT A C. Legal Description & Exhibit Map for Annexation Boundary P J•I1'I3 ENGINEER$, Wr, 1-U-8 COMPMOEt Roundtree Place Subdivision Annexation Description .Project Number 10-16-064 lune 22, 2016 TMC edTca,nX ��tgtr y ��uPON -.+`i I �+ACPPIN44 Fes: A parcel of land being all of Lot 18, Van Hees subdivision, according to the plat thereof filed in Book 12 of Plats at Page 688, records of Ada County, Idaho; a portion of South Linder Road; and a portion of West Waltman Street; situated In the Southeast 1/4 of the Northeast 1/4 of Section 14, the Northeast 1/4 of the Southeast 1/4 of Section 14, the southwest 1/4 of the Northwest 1/4 of Section 13 and the Northwest 1/4 of the Southwest 1/4 of Section 13, Township 3 North, Range 1 West of the Boise Meridian, Ada County, Idaho and more particularly described as follows - Commencing at found aluminum cap marking the northeast corner of said Section 14 from which a 5/8" rebar, marking the southeast corner of the Northeast 1/4 of said Section 14 bears South 00"33'17" West, 2,657.50 feet; Thence from said aluminum cap along the east boundary of said Northeast 1/4 of Section 14, South 00"33'17" West, 2,317.62 feet to the POINT OF BEGINNING; Thence leaving said east boundary, South 89`12'59" East, 25.00 feet to the former east right -df -way line for South Linder Road; Thence along said former east right-of-way line, South 00'33'17" West, 364,88 feet along a line parallel to and 25 feet east of the east boundary of said of Section 14 to the extension of the centerline of West Waltman Street; Thence along said centerline and extension thereof, North 89"12'41" West, 689.88 feet to the extension of the west boundary of said Van Hees Subdivision; Thence along said west boundary and the extension thereof, North 00°33148" East, 364.82 -feet to the south boundary of Tapestry Subdivision, according to the plat thereof filed in Book 99 of Plats at Page 12606 thru 12606; Thence along said south boundary and the extension thereof, south 89'12'59" East, 664,82 feet to the POINT OF BEGINNING. Said parcel contains 251,690 square feet or 5.78 acres, more or less. End of Description. tsa . ��rti Page 1 of 1 a a 250 S. eeechvtood Aueiue suite 201, aaise I© 83709 P 208-376-7339 f 208-32a-933153 w www.jubxam _ Roundtree Place Subdivision H-2016-0081 PAGE 22 EXHIBIT A [nu fiwlpl RvlalR'd� uIw�RTI¢iR lkdlau�3.Ru:: .�ueY-�'.!all%gl/Na yk;(�Td= Roundtree Place Subdivision H-2016-0081 PAGE 23 i {n .Rmjpk N 33''}'81 36#.82* T 1, _ I N rqCa vt a _0 _ cj ._. z to In c}__ t - G t�� 555 i � r �JL -� UNDER ROAD SW33'17`UY 2317.62' MO � SW33' 17'W 364/88' _ i 1 W u a� #73 — ta cA to�d c o= Ca Tr % aC zQ ` z., Roundtree Place Subdivision H-2016-0081 PAGE 23 EXHIBIT A D. Required Findings from Unified Development Code 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; The Applicant is proposing to annex 5.78 acres with an R-8 zoning district and develop 23 new single-family residential homes. Council finds that the proposed map amendment complies with the provisions of the Comprehensive Plan. (see section VII above for more information). 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-8 zoning district is consistent with the purpose statement for the residential districts as detailed in Section VIII above. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The Council finds that the proposed zoning map 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 considers any oral and written testimony that was provided when determining 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 services by any political subdivision providing services to this site. e. The annexation is in the best of interest of the City (UDC 11-513-3.E). The Council finds armexing this property with an R-8 zoning district is in the best interest of the City with the provision of a development agreement. 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; Council finds that the proposed plat is in substantial compliance with the adopted Comprehensive Plan in regard to land use, transportation, and circulation. Please see Comprehensive Plan Policies and Goals, Section 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; 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.) Roundtree Place Subdivision H-2016-0081 PAGE 24 EXHIBIT A 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, 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 relies 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 Council is not aware of any health, safety, or environmental problems associated with the platting of this property that should be brought to the Council's attention. ACRD considers road safety issues in their analysis. The Council considers any public testimony that was presented when determining whether or not the proposed subdivision may cause health, safety or environmental problems of which the Commission is unaware. L The development preserves significant natural, scenic or historic features. 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 any public testimony that was presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance of which the Commission is unaware. Roundtree Place Subdivision H-2016-0081 PAGE 25