The URL can be used to link to this page

Edgehill Sub H-2015-0005ADA COUNTY RECORDER Christopher D. Rich 2016-113890 BOISE IDAHO Pgs=44 DAWN TRIVOLIS 11/23/2016 10:51 AM CITY OF MERIDIAN, IDAHO NO FEE DEVELOPMENT AGREEMENT PARTIES; 1.. City of Meridian 2. Corey Barton, Owner 3. Challenger Development Inc,, Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made. and entered into this day of 1Uw4, t / , 20.16, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called CITY whose address is 3.3 E. Broadway. Avenue; Meridian, Idaho 83642 and Corey Barton, whose address is 1977 E, Overland Road; Meridian, Idaho 836.42, hereinafter called OWNER and Challenger Development Inc., whose. address -is 1977 E. Overland Road,. Meridian, Idaho .83642; hereinaftercalled DEVELOPER. RECITALS: 1.1 WHEREAS; .Owner is the sole ow>ler, in law and/or equity; of certain tract of land hithe County:of Ada, State of Idaho, described in Exhibit "AP, which is .attached hereto and by this reference incorporated herein as if set forth in full; herein after referred to as the Property;: and 1.2 WHEREAS, Idaho Code § 67-65 HA provides that cities niay; by ordinance, require or permit as a condition ofzoning that the Owners anO%r Developer make a written commitment concerningthe use or development ofthe subject. Property; and 1.3 WHEREAS, City.has exercised.its statutory,authority,bythe enactment of Section 11 -SB -3 of the Unified Deveiopinent Code ("UDC"); which authorizes development agreements upon the annexation and/or re -zoning of land; .and 1A WHERE AS, owner and/or. Developer has submitted an application for the annexation of approximately 40.19 acres of land fi•om the RUT -zoning district in Ada County:to the R4 (Medturn -LOWDensity Residential) zon.j'n district (as described in Exhibit' A" ), under the. Unified Development Code; which generally describes how the Property will be developed and what improvements will be ma. de;.and 1.5 WHEREAS, Owner and/or Developer made representations. at. the pubiic hearings both before the Meridian Planning &: 'Zoning Commission � ah before the Meridian City Council,.as to how the Property Will'be-.developed and.what improvements will be made; and _ DEVELOPMENT AGRFgm8NT—EDGEHILL SUBDIVISION (1-1-201'5-0005 PAGE I of 9 1.6 WHEREAS, the record oftheproceedings 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 8th day of March, 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 interestto 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 of this Agreement, herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure 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, DEVELOPMENT AGREEMENT - EDGEHILL SUBDIVISION (H-2015-0005 PAGE 2 OF 9 3.2 OWNER: means and refers to Corey Barton, whose address is 1977 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 Challenger Development Inc., whose address is 1977 E. Overland Road, Meridian, Idaho 83642, the party that is developing said Property and shall include any subsequent developer(s) ofthe 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 -Low Density Residential (R-4) 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 Direct lot access to S. Linder Road and W. VictolyRoad, both arterial streets, is prohibited in accord with UDC 11-3A-3. 5.1.2 Future development of this site shall be generally consistent with the preliminary plat and building elevations depicted in the StaffReport attached to the Findings of Fact and Conclusions for Law as Exhibit "B". 5.1.3 The rear or sides of structures on lots that face S. Linder Road and W. Victory Road shall incorporate articulations through changes in material, color, modulation, and architectural elements (horizontal and vertical) to break up monotonous wall planes and roof lines. 5.1.4 A 10 -foot wide multi -use pathway and associated landscaping shall be constructed along the Williams pipeline at the southwest corner ofthe site in accord with the Pathways Master Plan. DEVELOPMENT AGREEMENT-EDGFIBLL SUBDIVISION (H-2015-0005 PAGE 3 OF 9 5.1.5 The City Council approved a waiver for the segment of the Sundall Lateral that crosses this site to remain open and not be piped or otherwise be covered due to its large capacity in accord with UDC 11-3-6A.3. 5.1.6 The developer shall provide a minimum of 4.02 acres (or 10%) of qualified open space within the development in accord with the standards listed in UDC 11 -3G -3B. 5.1.7 The developer shall provide a tot lot with playground equipment within the central common area on Lot 15, Block 4; a segment of the City's multi -use recreational pathway along the Williams Pipeline; and a pedestrian pathway along the north side ofthe Sundall Lateral from the east boundary connecting to the pathway in Kentucky Ridge Subdivision to the northwest corner of the site in accord with the site amenity requirements listed in UDC 11 -3G -3C. 5.1.8 An encroachment permit is required for any development/improvements within the Williams pipeline easement. All development shall comply with the Williams Gas Pipeline Developers' Handbook. 6. COMPLIANCE PERIOD This Agreement must be fully executed within two (2) years after the date of the Findings for the annexation and zoning or it is null and void. 7. DEFAULT/CONSENT TO DE -ANNEXATION AND REVERSAL OF ZONING DESIGNATION: 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 Cure Period. In the event of Owner and/or Developer's default of this Agreement, Owner and/or Developer shall have thirty (30) days fi-om 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 Scction 7.2, Owners 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 ofProperty and upon City's compliance with all applicable laws, ordinances and rules, including any applicable provisions of DEVELOPMENT AGREEMENT-EDGMILL SUBDIVISION (H-2015-0005 PAGE 4 OF 9 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 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 ofthe Property by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby, the City shall execute and record an appropriate instrument of release of this Agreement. 10. ZONING: City shall, following recordation 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. DEVELOPMENT AGREEMENT-EDGEFTILL SUBDIVISION (II -2015-0005) PAGE 5 OF 9 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 1977 E. Overland Road Meridian, ID 83642 with copy to: City Attorney City of Meridian 33 E. Broadway Avenue Meridian, ID 83642 DEVELOPER: Challenger Development Inc. 1977 E. Overland Road Meridian, ID 83642 14.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement; the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a 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 ofthe 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 ofthe Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owner and/or Developer, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and DEVELOPMENT AGREEMENT-EDGEHILL SUBD7vISION (H-2015-0005 PAGE 6 of 9 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. DUTY 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. 21.1 No condition governing the uses and/or conditions governing re -zoning of the 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 Clerk. [end of text; signatures, acknowledgements, and Exhibits A and B follow] DEVELOPMENT AGREEMENT -EDGEHILL SUBDIVISION (H-2015-0005) PAGE 7 OF 9 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this.agreemmt and Made itef-ective as hoxeinabove provided, OWNER: DEVELOPER;. Challenger. Development Inc; By: n Printed Nam ; Qv 2U &r tc" its - CITY OE { I C_ � �f R S� 'By, l4— \�a_ qL Mayor T de Weerd ATTEST; r� C, y Col , C1 Clerk DEVELOPMENT AGREEMENT — EDGEmLL SUBDIVISION (H-2015-0005)' PAGE8 ou 9 STATE OF IDAHO ) ss; County of Ada,. On this 104�'. day of NOVPnr.bv' , 2016, befomme, the undersigned, a Notary P'ublic,ln and for.said Sta(e; personaltyappeared CoreyBarton,'.known or-identif►ed to.tne io be the person who signed above and acknowiedged to me that he:exeouted the same, IN WITNESS WHEREOF, I have hereunto set -my hand,and affixed my official seal the day and year in,thls certificate first above written, (SEAL) STATE OF IDAHO ss; County of Ada, ) 11 0 (i n .Notary. Public foi' Idaho Residing at; lxlGtrvt r 4 My. Commission Expires' h -QS -ar2- 9 On this jb�\4- day of 0e" , 2016, before me, the upderslgned,.allotary Public in and for.sad-State, personally appeared (i_ revs J rtort ktiownor identified tome to be the -Pr^ SJ , of Challenger AevelopmentJ c;, and aoknoWledged to methat he executed the same on behalf of said Corporation. IN WITNESS WHEREOF, .1 have hereunto set myhand and affixed my official seal the day and year in this �,rtne. t, as certificate first above written, (SEAL) n Notary Public, for .Idaho Residing at; MAn A My GommissionExpnes; D5~�dr STATE OF IDAHO ) ss, County`of Ada ) On this_ day ofAL O -W & , 2016;: before mo, . -a Notary Publlc, personally appeared Tammy.de Weerd and C.Jay Coles, know or identifiedto me to be the Mayor and Clerk, respectively; of the City of Meridlan, 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,, thave Hereunto set my hand and affixed my official seal the day and year' in -this cortWOWSfAVIR4ove written. `I* : Notary Public for Idaho O . o Residing at; -/ • G ® = Commission expires; F' puv� " fee 000 ir,081 tNtt1110 DEVELOPMENT AGREEMEN'C ED4BHILL SUBDIVISION (H-2015-0005) PAGE 9 OF 9 Exhibit A k � LAW A V•B MAPPING GROUP PKI J-U•B ENGINEERS, INC. Edgehill Subdivision Boundary Description Project Number 10-15-050 September 29, 2015 The northwest quarter of the northwest quarter of Section 25, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, being more particularly described as follows: BEGINNING at the northwest corner of Section 25, Township 3 North, Range 1 West, Boise Meridian, which bears N89°20'35"W, 2640.25 feet from the north quarter -section corner of Section 25: Thence 589`20'35"E, 1320.05 feet along the north line of the northwest quarter of the northwest quarter to the northeast corner of the northwest quarter of the northwest quarter; Thence S00°32'23"W, 1324.69 feet along the cast line of the northwest quarter of the northwest quarter to the southeast corner of the northwest quarter of the northwest quarter; Thence N89"23'22"W, 1321.93 feet along the south line of the northwest quarter of the northwest quarter to the southwest corner of the northwest quarter of the northwest quarter; Thence N00"37'16"E, 1325.76 feet along the west line of the northwest quarter of the northwest quarter to the POINT OF BEGINNING. The above described parcel contains 40.19 acres, more or less. Page 1 of 1 u 2S0 S. Beechwood Avenue Suite 201, Boise, ID 83709 p 208.376.7330 ) 208-323-9336 it, wvnv.iub.com Edgehill Subdivision —AZ H-2015-0005 Exhibit A E 7320.20' � N-1/4 LANp s RF G�'a 34 A 'lJ�fq} or Edgehill Subdivision J� Boundary Discription -� The Northwest Quarter of the Northwest Quarter of Section 25, pw-e xcwau, we T..ship 3 North, Range 1 West, eolse Meridian, Ada County, Idaho. Edgehill Subdivision —AZ H-2015-0005 Exhibit B CITY OF ME' ItIDIAN � �j_ J �.i�`r"'"'' FIMIaINGS OF FACT, CONCLUSIONS Off' LAW •- AND DECISION & ORDER In the Matter of the Request for Annexation and Zoning of 40.19 Acres of Land with an R-4 Zoning District; and Preliminary Plat Consisting of 116 Building Lots and 7 Common Lots on 40..19 Acres of Land in an R-4 Zoning District for Edgehill Subdivision, by .LU -B Tngiueers, Inc. Case No(s). H-2015-0005 For the City Council Hearing Dates of; January 19 and February 23, 2016 (Findings on March 8, 2016) A. Findings of Fact 1, Hearing Facts (see attached Staff Report for the hearing date of March 8, 2016, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of March 8, 2016, incorporated by reference) 3. Application and Property Facts (see attached StaffReport for the hearing date of March 8, 2016, incorporated by reference) 4, Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of March 8, 2015, incoiporated 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 (l,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 § I I -SA. 4. Dae 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 they a copy served by the Clerk upon the applicant, the Conununity Development Department, the Public 'Works Department and any affected party requesting notice. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS 01' 1,A.W AND DECISION & ORDF,R CASE NO(S). II -2015-0005 -1- 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of March 8, 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: The applicant's request for annexation and zoning is hereby approved with the requirement of a development agrocment containing the provisions listed in the Staff Report for the bearing date of March S, 2016, attached as Exhibit A. 2, The applicant's request for preliminary plat is heroby approved per the conditions of approval in the Staff Report for the hearing dato of March 8, 2016, attached as Exhibit A. D. Notice of Applicable Time Limits Notico of Preliminary plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat sball 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 (LTDC 11-613-7A). Tex 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 prelimblary plat, such segments, if submitted within successive intervals of two (2) years, may be considered for final approval without resubmission for preliminary plat approval (UDC 11-613-713). 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'1'itle 11.1f to 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- 03-7C). Notice of Two (2) Year Development Agreement Duration The development agreement shall be signed by the property owner and returned to the City within two (2) years of the City Council granting annexation and/or rezone (UDC 11-513-3D). A modification to the development agreement may be iivtiated prior to signature of the agreement by all parties and/or nary be requested to extend the time allowed for the agreement to be signed and returned to the City if filed prior to the end of the two (2) year approval period (UDC 11-513-3F). E. Notice of :Final Action and -Right to Regulatory Taldngs Analysis CITY OF MERIDIANFINDINGS OF FACT, CONCLUSIONS OF LAW AM DECISION & ORDER CASE NO(5). H-2015-0005 -2- 1. The Applicant is hereby notified that pursuant to Idaho Code 678003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request inust be in writing, and must be tiled with the City Clerk not more than twenty-eight (28) days after the final decision concerrniiig the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Sudicial Review may be filed. 2. PIease false notice that this is a final action of the goveridng 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 alter the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. Attached: Staff Report for the hearing date of March 8, 2016 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASENO(S), H-2015-0005 .3- By action of the City Council at its regular meeting held on the day of 2016, ( COUNCIL PRESIDENT KEITH BIRD COUNCIL VICE PRESIDENT JOE, B ORTON COUNCIL MEMBER ANNE LITTLE ROBERTS COUNCIL MEMBER TY PALMER COUNCIL MEMBER LUKE CAVENER COUNCIL MEMBER GENESIS MILAM MAYOR TAMMY do WFERD (TIE BREAKER) Attest; City nr 11) A 1,0 1 -4. A It 14 SEAL J'Etyce6jlolman City Clerk -------------- VOTED --j— VOTED IAA=k-- -10 VOTED VOTED VOTED VOTED VOTED Copy served upon Applicant, The Planning Division, Public. Works Department and City Attorney. Dated. CITY OF AffiREDIAN FMINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & OPIDEP, CASE NO(S). H-2015-0005 -4- EXHIBIT A STAFF REPORT Hearing Date: February 23, 2016 (Continued fr-oin: Janum)� 19, 2016)(��WE , TO: Mayor & City Council FROM: Sonya Watters, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: H-2015-0005 — Edgehill Subdivision — AZ, PP I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, J -U -B Engineers, Inc., has submitted an application for annexation and zoning (AZ) of 40.19 acres of land with an R4 zoning district; and a preliminary plat (PP) consisting of 116 building lots and 7 common lots on 40.19 acres of land for Edgehill Subdivision. 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 & ZoninLy Commission heard these items on November 5, and December 17,, 2015. At the public hearing on December 17, 2015, the Commission moved to recommend approval of the subject AZ and PP requests. a. Summary of Commission Public Hearing: i. In favor: Kristi Watkins, Applicant's Representative ii. 1n opposition; Linda Coffield; Susan Thompson; Ron Thompson; Ed Bird; Cindy Bird iii. Commenting: Paul Young; Terry Bennett; Kevin Petty; Chad Bullock; Dan Mortensen, Ron Paulson iv. Written testimony: Kristi Watkins, Applicant's Representative (in agreement with staff report), Steven Mortensen; Laurel and Terry Bennett; Ed and Cindy Bird; Gordon Hamilton, William's Pipeline; v. Key issue(s): Concern regarding hove the development will impact groundwater and wells in the area; Traffic generated from the proposed development and associated road/intersection (roundabout) improvements, Location of the access on Victory in relation to the Thompson's property to the north and possible slide -offs into theiryroperty; Type of fencing proposed along east boundary (prefer vinyl fencing to match existing fencing in the area and construction of a solid fence across the stub street); Preference of a lower density (fewer homes) for this site. vi. Staff presenting application: Sonya Watters & Bill Parsons vii. Otber staff commenting on application: None b. Key Issues) of Discussion by Commission: i. The Commission continued the project to December 17"' in order to allow time for the Traffic Im )act Stu TIS to be revised and AC11D time to review the revised TIS and issue a report; ii. The timing for street/intersection (roundabout) improvements, iii. The timing for extension of City water and sewer services to this site, Edgehill Subdivision -- AZ, PP H-2015-0005 PAGE 1 EXHIBIT A c. Commission Change(s) to Staff Recommendation: i, At staff's reauest, delete condition#1.1.2 as the preliminary plat was revised in accord with the conditions prior to the Commission bearing. d. Outstanding Issues) for City Council: L The applicant requests a waiver from Council to allow the Sundall Lateral to remain open where there are not street crossings due to its large capacity. The Meridian City Council heard these items on January 19 and February 23, 2016, At the public hearing on February 23Yd. the Council approved the subject AZ and PP request Summary of City Council Public Hearing: L In favor: Scott Wonders ii. I�gnosition: None Commentin'T: Norma Petty, Pa ul Yours : Kevin P M, Justin Lucas, ACHD,, Steve Jus iy- Written testimony, None y� Staff presenting application: Sonya Watters, Kyle Radek yi Other staff commenting on application, None ii Key issue(s) of Public Testimony h Concern regarding the continued delivery of irrigation water to downstream users: iL Safe pedestrian access along Victory Road for children walling to schook -c� Key Issues of Discussion by Council: L ^ ii, (Lok l K dock 4) in the Safety concerns for school first abase of deyeloninent: children in regard_to the_lack-of�sidewakki_aeross_the frontage of the Petty property along Victory Road between this development and iii, Kentucky Ridpe subdivision Leaving theSundall to the east Lateral open as a water amenity with a pathway along the north side connecting to the pathway to the east in Kentucky Ridge Estates Subdivision IL Kex Council Changes to Commission Recommendation L Council allowed the Sundall Lateral to remain open and not be piped due to its large capacity (see provision #1.1.1.e in Exhih B). ii. Council required the common area (Lot 15. Block 4) that contains the pedestrian jafh)xay along the north side of the Sundall Lateral and the tot lot to he-DaAtucted with the first phase of development prior to issuance of the first building Permit (see condition #1.1.8 in Exbibit I3), III. PROPOSED MOTION Approval Atter considering all staff, applicant and public testimony, I move to approve File Number 1-2015- 0005, as presented in the staff report for the hearing date of February 23, 2016, with the following modifications'. (Add iuly proposed modifications). Denial After considering all staff, applicant and public testimony, I move to deny File Number 1-1-2015-0005, as presented during the [searing on February 23, 2016, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2015-0005 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) Edgehill Subdivision — AZ, PP H-2015-0005 PAGE 2 EXHIBIT A IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is located at the southeast corner of S. Linder Road and W. Victory Road at 1393 and 1405 W. Victory Road, in the NW % of Section 25, Township 3 North, Range 1 West. (Parcel No.'s: S1225223205 chi S1225223185) B. Owner: Bling, LLC 151 W. Galvani Dative, Ste, 100 Meridian, Idaho 53642 C. Applicant: Shawn Brownlee, Trilogy Development, Ire. 2358 S. Titanium Place Meridian, ID 83642 D. Representative: J -U -B Engineers, hie. 250 S. Beechwood, Ste. 201 Boise, In 83709 E. Applicant's StatcmcnKlustification: 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: October 19 and November 2, 2015 (Commission); December 28, 2015 and January 11, 2016 (City Council) C. Radius notices mailed to properties within 300 feet on: October 15, 2015 (Commission); December 18, 2015 (City Council) D. Applicant posted notice on site(s) on: October 26, 2415 (Commission), January 11, 2016 (City Council VI. LAND USE A. Existing Land Use(s) and Zoning: The subject property consists of rural residential/agricultural property zoned RUT in Ada County, B. Character of Surrounding Area and Adjacent Land Use and Zoning: I. North: W. Victory Road and residential properties in Model Ruin Acres subdivision, zoned R1 in Ada County 2. East: Residential properties in Kentucky Ridge Estates subdivision, zoned R-4; and a rural residential property, zoned RUT in Ada County 3, South: Rural residential/agricultural property, zoned R-4 4. West: S. Linder Road and rural residential properties, zoned RUT and RI in Ada County C. History of Previous Actions; None Edgehill Subdivision - AG, PP 11-2015-0005 PAGE 3 EXHIBIT A D. Utilities: 1. Location of sewer: A sanitary sewer main intended to provide service to the proposed development currently exist in S Linder Road near the intersection of W. American Fork Drive (W. Kodiak Drive). 2. Location of water: This parcel is currently not serviceable with domestic water. The development fails in Pressure Zone 5 in which there is currently no supply in the area. 3. Issues or concerns: The development of this subdivision is dependent on the extension of existing sanitary sewer trains, and grater services being available from the city's Pressure Zone 5, E. Physical Features: 1. Canals/Ditches Irrigation: The Sundall Lateral bisects this site. 2. Hazards: The Williams gas pipeline crosses the southwest corner of this site. 3. Flood Plain: This site does not lie within the Meridian Floodplain Overlay District VII. COMPREHENSIVE PLAN POLICIES AND COALS The Comprehensive Plan Future Land Use Map (FLUM) designates this site as Low Density Residential (LDR). The LDR designation allows for the development of single-family homes on large lots where urban services are provided. Uses may include single-family homes at ,gross densities of three dwelling units or less per acre. The applicant proposes to develop this 40.19 acre site with 116 single-family detached homes at a gross density of 2.59 dwelling units per acre (d.u./acre) and a net density of 4.54 d.u.lacre, which is within the density desired in LDR designated areas. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed use (staff analysis in italics): "Support a variety of residential categories (low-, medium-, medium-high and high-density single-family, multi -family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities." (3,07.01E) The proposed loin density residential development mill contribute to the variety of housing aplirrns located within the Citv. Stur`is unaware how "affordable" the htrnres will be but they will contribute to the t-ange of available housing opportunities. "PerYnit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City," (3,01.0117) City services are available to be extended b), the developer to the proposed lots upon development of the site in accord rwith UDC 11-311-21. "Require new residential development to meet development standards regarding landscaping, signage, fences and walls, etc." (3.05.020) Street buffer landscaping is required along S. Linder Road and W. Victoq Road, both residential arterial streets, as set forth in UDC Table 11-2A-5 in accord with the standards listed in ULC 11 -3B -7C. Separate permits shall be obtained for signage and fencing. fencing shall conrplla with the standards listed in UDC 11-3A-7. Edgehill Subdivision - AZ, PP 1-1-2015-0005 PAGE 4 EXHIBIT A "Protect existing residential properties from incompatible land use development on adjacent parcels." (3.06.01 F) The proposed low-densit3, residential development should he compatible with existing adjacent residential and agricultural rases. "Require common area in all subdivisions." (3.07.02F) The proposed plat depicts a total 81'4.02 acres (or 10%) of grudifred open space in accord ivith the re_quirenaents listed in UDCII-3G` 3. "Develop pathways to connect Meridian with Boise, Nampa, Duna, and Eagle." (6.01.020) A segment of the City's mcrlti-use pathway system is designated on the Vaster Pathways Plan across the southivest corner of this site which should eventually connect with pathways in adj'aceni f n-isdictions. "Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity as part of a community pathway system." (3.03.0313) There is one pedestrian connection proposers at the south boundwy of the site, staff' recommends another pathway is provided cat the east houndai), to connect to the planned pathivacj, in Kentucky Ridge Estates subdivision. "Review new development for appropriate opportunities to coinfect local roads and collectors to adjacent properties (stub streets). (3.03.020) There are no existing stub streets to this property. The proposed plat depicts stub streets to the east and south fir fttaare extension and interconneetivihp. hi accord with the above analysis, staff finds the proposed development is consistent with the density and land use desired within this area of the City and consistent titrith the goals of the Cbnrprehensive Plan. 'III. 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 low-density residential (R-4) district allows a maximum gross density of 4 dwelling units per acre. B. Schedule of Use: Unified Development Code (UDC) Table 11-2A-5 lists the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the R-4 zoning district. Any use not explicitly Iisted, or listed as a prohibited use is prohibited. The proposed use of the site,for single- fiainily detached dryellings is a principal permitted use in the R-4 zoning district. C. Dimensional Standards: Development of the site should be consistent with the dimensional standards listed in UDC Tables 11-2A-5 for the R-4 zoning district. D. Landscaping: Street buffer landscaping shall be installed in accordance with the standards listed in UDC Table 1 I -2A-5 for the RA zoning district. E. Off Street Parking: Off-street parking is required in accord with UDC Table 11-3C-6 for single- family dwellings. Ed.aohill Subdivision - AZ, PP 1-1-2015-0005 PAGE 5 EXHIBIT A IX. ANALYSIS A. Analysis of facts Leading to Staff Recommendation: 1. Annexation & Zoning The applicant has applied for annexation and zoning of 40.19 acres of land with an R-4 zoning district. As discussed above in Section VII, staff believes the proposed zoning is consistent with the policies in the Comprehensive Plan and the FLUM designation of LDR. The applicant proposes to develop 116 new single-family residential detached homes on the site as shown on the preliminary plat included in Exhibit A.2. The legal description submitted with the application, included in Exhibit C, shows the boundaries of the property proposed to be annexed and rezoned. The property is contiguous to land that has been annexed into the City and is within the Area of City Impact boundary. The City may require a development agreement (DA) in conjunction with an annexation pursuant to Idaho Code section 67-6511 A. hi order to ensure the site develops as proposed with this application, staff recommends a DA as a provision of annexation with the conditions included in Exhibit B. 2. Preliminary Plat The proposed plat consists of 116 building lots and 7 common lots on 40.19 acres of land in a proposed R-4 zoning district (see Exhibit A.2). The property is proposed to develop in 2 phases, beginning at the north end of the site as shown on the phasing plan in Exhibit A.2. The gross density for the subdivision is 2.59 d.u./acre with a net density of 4.54 d.u./acre with an average lot size of 9,586 s.f., consistent with the FLUM designation of LDR. Existing Structures: There are existing structures on this site that are required to be removed prior to signature on the final plat by the City Engineer. Dimensional Standards: Development of this site is required to comply with the dimensional standards listed in UDC 11-2A-3 and Table 11-2A-5 for the R-4 district. Staff has reviewed the proposed plat and found the following lots do not comply with the R-4 standards: Lots 6 & 15, Block 2; Lots 2123 & 25, Block 4; Lots 19 & 25, Block 5; and Lot 11, Block 6 do not comply with the minimum street frontage requirement of 60 feet; Lots 4 and 5, Block 1, do not comply with the minimum square footage of 5,000 s.f.; and the lot square footage is not depicted for Lot 21, Block 5 and Lots 6 & 7, Block 7. Block Length: The plat is required to comply with the block length standards listed in UDC 1I - 6C -3F. Staff has reviewed the proposed plat and found it to be in compliance with the aforementioned standards, axcept for the face of Block 5, which is approximately 1,055 feet. Block faces are allowed to exceed 750 feet if a pedestrian pathway is proposed in which case the block can extend up to 1,000 feet. A pedestrian pathway is provided; however, the block exceeds the 1,000 foot maximum. Therefore, the configuration of the block should be revised to comply with the aforementioned requirement. Access: Access to streets should comply with the standards listed in UDC 11-3A-3. Access is proposed for this site via one access from W. Victory Road and one access foul S. Linder Road in accord with UDC standards. Direct lot access is prohibited via S. Linder Road and W. Victory Road. Based on the Traffic Impact Study (TIS), ACRD is requiring the constriction of a center turn lane at the Highgrade Avenue/Victory Road intersection. Uphill Subdivision - A -Z, PP 13-2015-0005 PACE 6 EXHIBIT A Streets: All of the proposed streets depicted on the plat are public. Stub streets are proposed to the adjacent properties to the east and west for future extension. A future roundabout is depicted on the Master Street Map at the Linder/Victory Road intersection. Williams Gas Pipeline: A 1130+/- foot long section of the Williams pipeline crosses the southwest corner of the site. The Williams pipeline is a natural gas pipeline that serves as a primary artery for the transmission of natural gas to the Pacific Northwest and Intermountain Region. The proposed plat depicts a 75 -foot wide right-of-way/easement for use by the pipeline company. This easement encroaches on Lots 9-11, Block G; staff recommends the easement be located within a common lot and not within buildable lots. An encroachment permit is required for any development/improvements within the pipeline easement. All development shall comply with the Williams Gas Pipeline Developers' Handbook, Traffic Impact Study (TIS): A TIS was required by ACRD for this development. Stafftivas notified liy ACHD that the TIS came hack fr-om revie iv with errors in it, so it ivill meed Io he corrected prior to ACHD completing their staff`report. Parking: Off-street parking is required on each residential lot in accord with the standards listed in UDC I t -3C-6. Landscaping: A landscape plan was submitted with this application for the area proposed to be platted as shown in Exhibit A.3. A 25 -foot wide street buffer is required along S. Linder Road and W. Victory Road, both residential arterial streets, per UDC Table 11--2A-5. Landscaping is required to be provided within the buffers in accord with the standards listed in UDC 11 -3B -7C. Additionally, because Linder and Victory Roads are not within ACHD's Five Year Work Plan to be widened, a 10 -foot wide compacted gravel shoulder meeting the construction standards of ACHD and landscaping (lawn or other vegetative groundcover) is required to be provided if the unimproved right-of-way is 10 feet or greater from edge of pavement to edge of sidewalk or property line in accord with UDC 11 -3B -7C.5. A license agreement with ACI1D is required for any improvements within the right-of-way. Landscaping within the conuuon areas is required in accord with the standards listed in UDC I I - 3G -3E, Landscaping is required along all pathways in accordd with the standards listed in UDC 1 l -3B- 12C. Landscaping is proposed along the micropaths depicted on the plat; landscaping should also be included in the micropath required to the property to the east and along the multi -use pathway along the Williams pipeline. If the Williams pipeline does not allow landscaping within their easement, provide an additional S feet outside of the easement for landscaping on both sides. Tree Mitigation: The City Ai-borist, Elroy Huff, has visited the site to confirm mitigation requirements. There are a total of 14 existing trees totaling 1.59 caliper inches that are proposed to be removed with development that require mitigation, there are also other existing trees that are proposed to be removed that do not require mitigation. Mitigation information should be included on a revised landscape plan in accord with the standards listed in UDC 11-313- 101:.5. Parkways: Parkways are not proposed within this development. Open Space: A Minimum of 10% qualified open space is required to be provided for this development in accord with UDC I1 -3G -3A.1. Based on the area of the preliminary plat (40.19 acres), a minimum of 4.02 acres of qualified open space is required to be provided as set forth in Edgehill Subdivision AZ, PP 14-2015-0005 PAGE 7 EXHIBIT A UDC 11 -3A -3B as proposed. Qualified open space within the development consists of half of the area of the street buffers along Linder and Victory Roads and internal common open space areas that are at least 50' x 100' in area. Detailed calculations should be depicted on the landscape plan that demonstrates compliance with the qualified open space requirements listed in UDC 11 -3G -3B. 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 I I.3G-3A.2, in accord with the standards listed in UDC l 1 -3G -3C. Based on the area of the preliminary plat (39.76 acres (excludes Linder and Victory right-of- way), a minimum of 2 qualified site amenities are required to be provided. The applicant proposes to provide a tot lot on Lot 15, Block 4 as a site amenity. The tot lot should be depicted on the landscape plan and a detail of the play equipment should be submitted. As additional amenities, staff recommends a short segment (180+/ feet) of the City's regional pathway system is constructed along the Williams Pipeline as designated in the Pathways Master Plan; and a pedestrian pathway is provided from the east boundary of the site to the northwest corner of the site along the north side of the Sundall Lateral. Pathways: Pathways should comply with the standards listed in UDC 1 t -3A-8 and 1 I -3B -12C. The Pathways Master Plan depicts a segment of the City's regional pathway on this site along the Williams pipeline. A 10 -foot wide pathway is required to be constructed in this location with development. A recreational pathway easeinent for the pathway is required to be submitted to the Park's Department, approved by City Council and recorded. The applicant should coordinate the location and details of the easement with Jay Gibbons, Park's Department (888-3579). A pathway connection is proposed at the south boundary for firhu-e extension and through Block 5 for pedestrian access to the common area on Lot 15, Block 4. A pathway stub was approved with Kentucky Ridge Subdivision to this site at the east boundary on the north side of the Sundall Lateral. Common area should be provided at the south end of Lot 7, Block 3 in order to provide a minimum 5 -foot wide pathway connection in alignment with the pathway approved to the east. This pathway should extend along the Sundall Lateral to the northwest corner of the site as a site amenity as noted above. Four -foot tall bollard lighting, or other appropriate lighting source, is required along all pathways through common areas that are not visible from a public street as set forth in UDC 11 -3A -8H. The landscape plan should be revised to include lighting along pathways in accord with this requirement. Sidewalks: Sidewalks are required along all public streets as set forth in UDC 11-3A-17. The applicant proposes to construct 5 -foot wide detached sidewalks along S. Linder Road and W. Victory Road and 5 -foot wide attached sidewalks along local streets within the development in accord with UDC standards. Utilities: All development is required to connect to the City water and sewer system unless otherwise approved by the City Engineer in accord with UDC 11-3A-21. At this time, this development is not serviceable by the Meridian water system. Street lighting is required to be installed within the development in accord with the City's adopted standards, specifications and ordinances. Pressurized Irrigation (PI): An ru-iderground PI system is proposed to be provided to each lot in the subdivision in accord with UDC 11-3A--15. A pressure irrigation pump station is proposed within Lot 1, Block 2 at the northwest corner of the site. The system will be operated and maintained either by the Boise Project Board of Control or the Idomeowner's Association, Edgehill Subdivision — AZ, PP 11-2015-0005 PAGE 8 EXHIBIT A Storm Drainage: A storm drainage system is required for the development in accord with the City's adopted standards, specifications and ordinances, Design and construction shall follow best management practice as adopted by the City in accord with UDC 11-3A-18. Storntwater is proposed to be retained onsite in seepage beds. Waterways: The Sundall Lateral bisects this site east to west, The UDC (11-3A-6) requires all irrigation ditches, laterals, canals and drains to be piped unless left open as a water amenity (as defined in LTDC 11 -IA -1) or linear open space, The City Council may waive this requirement for large capacity facilities. The applicant requests a waiver from Council to allow the Sundall Lateral to remain open where thele are not street crossings due to its large capacity. [NOTE: During the approval of the Kentuelcy Ridge (jka Revolution Ridge) project to the east, the Council allowed the Sundall Lateral to remain open due to its large capacity.l If'Council grants the applicant's request for a waiver to allow the Sundall Lateral to remain open, it will either need to serve as or be improved as part of the development to be a water amenity as defined in UDC. 11-1A-1, Otherwise, the waterway shall be required to be fenced with an open vision fence at least 6 feet in heightand having an I1-guage, 2 -inch mesh or other construction, equivalent in ability to deter access to the waterway in accord with UDC I 1 -3A -6B. Floodplain: This property does not lie; within the Meridian Floodplain Overlay District. Building Elevations: The applicant has submitted 7 conceptual sample building elevations for future homes in this development, included in Exhibit AA, Building materials appear to consist of a nix of horizontal and vertical lap and shake siding with stone accents and asphalt shingles. Because homes on lots that back up to S. Linder Road and W. Victory Road will be highly visible, staff recommends the rear or sides of structures on lots that face these streets incorporate articulation through changes in materials, color, modulation, and architectural elements (horizontal and vertical) to break tip monotonous wall planes and roof lines. Fencing: All fencing should comply with the standards listed in UDC I 1 -3A -6B and 11-3A-7. The landscape plan does not depict fencing; however, the applicant proposes to construct 6 -foot tall vinyl fence along the frontage of Victory and Linder Roads; 4 -foot tall vinyl fence along pathways and open space conunon areas; open vision urought iron fencing along the canal; and 6 -foot tall cedar fence along the eastern and southern boundaries. Fencing details should be included on a revised landscape plan as proposed. In sunimmy, Staff recommends approval of the proposed armexatior7 and preliminmy plat request for this site with a development agreement and the reconrtnended conditions listed in Exhibit B of this report in accord ivith the findings contained in Exhibit C. X. EXHIBITS A. Drawings/Other 1. Vicinity/Zoning Map 2. Proposed Preliminary Plat (dated: x9/10/15-1 1/5/2015) and Phasing Plan - REVISED 3. Proposed Landscape Plata (dated: "�r^�•� 11/3/2015) - REVISED 4. Conceptual Building Elevations B. Agency & Department Comments/Conditions C. Legal Description & Exhibit Map for Annexation Boundary D. Required Findings from Unified Development Code Edgehill Subdivision - AZ, PP H-2015-0005 PAG13 9 EXHIBIT A A. Drawings 1. Vicinity/Zoning Map LYhibit A Page 1 EXHIBIT A 2. Proposed Preliminary Plat (dated: 9/10/15 11/5/2015) and Phasing Plan - REVISED -eu IE,L-T 1,0 Uig EDGEHILL SUBDIVISION -- = _ , C 3 GT P JIM QUARTER OF 25. SITIJAiED IH ME WRTHNE©TQIKITER OF 111E 6Y.?tdTIfNESSU 70yrP5hA�RR, RWiGE 11'1E5T. - eoeEuxctA - CITY OF NiERIDIAN, ADA COUNTY, IDAHO d Il .li ; 2015 o-1 � qn>r¢ l P scuelurC* i 41GBeiY WF c r' „1 r i��_ �T �r:a•iR'r I]' R.• f 1 ,,, MEET INDEX /-77 6' `/ 1 1 tl � T •v � / fr_c TT � f 44 -- 1, 26 . „� �`, 4. `vim „�% r, 15 t1 i ! T 19 r�/ •.., tee, nom 20 /huh4f\4 5 -.. � \'\\/ rnr tFee;o -. 1 252 C3� ars, t c r I ➢i u.'..,, �— EU£ 2 r aim 9 9/ l] T: ;r 19 1�Ilk, yrtr x5'r N T•] !u I] tG 16 tI lI _._ a a I% I :' c [�T It r .E, � Q _ I _ I 5 � C'1 a:eR L P 1K+bEYCR Tunt NI m. — II •�<, z.E C -UD. E t'F-s:�-F4 1.c. i.+urnCE�EI CFE�,Ti\I.EP CNt. ENWiEF1 r:rz PP -01 Exhibit n Page 2 EXHIBIT A q ,� / ♦ •`:. i.i SFA q5� �1 1 Ik J ,y 3 Exhibit A Pago 3 EXHIBIT A V-4 PHASE 1 '55 LOTS x. 'PH ASE 2' 61 LOTS RIP, I Exhibit A Page 4 EXHIBIT A 2. Proposed Landscape Plan (dated: Mwvh-204-5 11/3/2015) - REVISED ELl'.1 A —E t-� EDGEHILL SUBDIVISION CITY Or MERIDIAN, ADA COUNTY, IDAHO 20116 ONV14EP-1 DEVELOPER LANW�.---APE DESUGMER LANDSCAPE ARCHITErJ Exhibit A Page 5 LP -000 EXHIBIT A 3. Conceptual Building Elevations -2� EXHIBIT A EXHIBIT B - AGENCY & DEPARTMENT COMMENTS/CONDITIONS 1. PLANNING DEPARTMENT 1.1 Site Specific Conditions of Approval L I , l A Development Agreement (DA) is required as a provision of annexation of this property. Prior to the annexation ordinance approval, 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 Planning Division within two (2) years of the City Council granting annexation. The DA shall, at minimum, incorporate the following provisions: a. Direct lot access to S. Tinder Road and W. Victory Road, both arterial streets, is prohibited in accord with UDC 11-3A-3. b. Future development of this site shall be generally consistent with the preliminary plat and building elevations depicted in Exhibit A and the conditions noted in the staff report. c. The rear or sides of structures on lots that face S. Linder Road and W. Victory Road shall incorporate articulation through changes in materials, color, modulation, and architectural elements (horizontal and vertical) to break up monotonous wall planes and roof lines. d. A l0 -foot wide multiuse pathway and associated landscaping shall be constructed along the Williams pipeline at the southwest corner of the site in accord with the Pathways Master Plan. e. TheitC unciLat�pro�e�isZwaiverox_�*�r; ,^+ �',^*�^ the segment of the Sundall Lateral that crosses this site to remain open and not be piped or_otherwise covered due to its large capacitin accord with UDC 11-3A-GA.3, • i� : �btainedzr oHne-il. £ The developer shall provide a minimum of 4.02 acres (or 10%) ofqualifiecl open space within the development in accord with the standards listed in UDC 11 -3G -3B. g. The developer shall provide a tot lot with playground equipment within the central common area on Lot 15, Block 4; a segment of the City's multi-tlse recreational pathway along the Williams Pipeline; and a pedestrian pathway along the north side of the Sundall Lateral from the east boundary connecting to the pathway in Kentucky Ridge Subdivision to the northwest corner of the site in accord with the site amenity requirements listed in UDC l 1 -3G -3C. h. An encroachment permit is required for any development/improvements within the Williams pipeline easement. All developmentshall comply with the Williams Gas Pipeline Developers' Handbook, 1.1.2 The preliminary plat included in Exhibit A.2, dated niter 11/5/2015, �'��" �� ^ .:� ,' as follows. -- a. Revisenote #12 as is a roved as revised. . " shall bJnr aeeor-dance with the Git), of Meridian stmidafds in effeet at the fiffle of development and are as shovm by the tables on this plan," Also, delete the Lot Setbaek Requirements table. v. bets 6 A 15, tlo Ek 2 Lois 7�1 2�-c25, nID& A, Lots 19 P?r, look 5; aflrLot -11, glue l,.,ll 1,.,,,,, . rninimtim st, eet f outage of 60 feet;• footage of Let 2 1, Blook 5; and Lots 6 & 73 Bleek 7. -3- EXHIBIT A °w:�-r�v-75 the Will ., C-onlinon lot. z , Week 3 in order- to provide a inininiun T5'a t: , 1~e+,+e Sti all :.,� the-still di 1r rte.=-Qarcrrrncl W44en4he-comineiarea on Le l Sj le�lf ll i313f1 bat 1 a l lHe F' "z ai a e lateral ileea ,,.•,l.',,.rl., 1.1.3 The landscape plan included in Exhibit AA, dated September 3, 2015, shall be revised as follows: a. Depict a I0 -foot wide multi -use pathway within the Williams pipeline in accord with the Pathways Master Plan; landscaping is required along the pathway in accord with the standards listed in UDC 11 -3B -12C. If lCilliains Pipeline hill not allow, landscaping within their easement, provide additional width outside ofthe easement for landscaping. b. Include fencing adjacent to all micropath connections to distinguish common from private areas, per UDC 11 -3A -7A.7. Fencing adjacent to all interior• pathways and connn.on open space is restricted to 4 feet in height if closed vision material is used or 6 fi?et in height if open vision material is used. c. If Council grants the applicant's request for a waiver to allow the Sundall Lateral to remain open, it will either need to serve as or be improved as part of the development to be a water amenity as defined in UDC l 1-1 A-1. Otherwise, the waterway shall be required to be fenced with an open vision fence at least 6 feet in height and having an I 1-guage, 2 -inch mesh or other construction, equivalent in ability to deter access to the waterway in accord with UDC 11 -3A -6B. d. Include detailed calculations that demonstrate compliance with the qualified open space requirements listed in UDC 11 -3G -3B. e. Depict 4 -foot tall bollard lighting, or other appropriate lighting source, along all pathways through common areas that are not visible fi-om a public street as set forth in UDC 11 -3A -8H, unless otherwise waived by the Director. Such lighting shall be shielded from adjacent residences. f. Provide common area at the south end of Lot 7, Block 3 in order to provide a minimum 5 - foot wide pathway connection to the planned pathway at the east boundary in Kentucky Ridge Estates subdivision. TIlis pathway shall extend to the northwest corner of the site along the north side of the Sundall Lateral. Widen the coininon area on Lot 15, Block 4 and Lot 1, Bloch 2 along the lateral accordingly. g. The 75 -foot wide easement for the Williams pipeline shall be located within a common lot. h. A 10 -foot wide compacted gravel shoulder meeting the construction standards ofACHD and landscaping (lawn or other vegetative groundcover) is required to be provided along S. Linder Road and W. Victory Road if the unimproved right-of-way is 10 feet or greater from edge of pavement to edge of sidewalk or property lime in accord with UDC 11 -3B -7C.5. A license agreement will he required with ACHD for any irnprovernents within the right -of rvaj�. i. Mitigation information shall be included for the 159 caliper inches (as determined by the City Arborist) of trees proposed to be removed from the site in accord with the standards listed in UDC; 11-313-10C.5. -4- EXHIBIT A j. Include a 5 -foot wide pedestrian pathway within Lot 12, Block 6 and Lot 7, Block 5 and wherever else pathways are proposed within the development. k. Depict the tot lot within Lot 15, Block 4 and pathways. Also include a detail of the play equipment, 1. Depict 6 -foot tall vinyl fence along the frontage of Victory and Linder Roads; 4 -foot tall vinyl fence along pathways and open space common areas; open vision wrought iron fencing along the canal; and 6 -foot tall cedar fence along the eastern and southern boundaries as proposed. 1.1.4 A 14 -foot wide recreational pathway easement is required to be provided within the Williams pipeline easement For the multi -use pathway. The applicant shall coordinate with Jay Gibbons, Park's Department (208-888-3579), on the location of the easement. The easement should be submitted to the Park's Department for approval by the City Council and subsequent recordation, prior to signature on the final plat by the City Engineer. 1.1.5 An encroachment permit is required for any development/improvements within the Williams pipeline casement, All development shall comply with the Williams Gas Pipeline Developers' Handbook. 1.1.6 The developer shall construct all proposed fencing and/or any fencing required by the UDC, consistent with the standards as set forth in UDC I 1-3A-7 and I 1 -3A -6B. 1.1.7 The existing structures on the site shall be removed prior to signature on the final plat by the City Engineer, 1.3_. the otntnon at ea (I-ot15,_131ock9� that coart lns th__ pe eestrLii�athway_al_on tliemoAlt sicle of the Sru1da11 Lateral and the tot lot shall be constructed with the first phase of develo ttp lent prior to issuance of the first building- pernit. Der requirement of the City Council. 1.2 General Conditions of Approval 1.2.1 Comply with all bulk, use, and development standards of the R-4 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 Construct on -street bikeways on all collector streets as set forth in UDC 11-3A-5. 1.2.4 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set forth in UDC I 1-3A-6. 1.2.5 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. 1.2.6 Comply with the sidewalk standards as set forth in UDC 11-3A-17. 1.2.7 Install all utilities consistent with the standards as set forth in UDC I I -3A-21 and 11-311-5J. 1.2.8 Construct all off-street parking areas consistent with the standards as set forth in UDC I I -3C-6 for single-family dwellings. 1.2.9 Construct the required landscape buffers consistent with the standards as set forth in UDC I 1 313- 7C. 1.2.10 Construct storm water integration facilities that meet the standards asset forth in UDC 11-313- 1 1C. 1,2.11 Construct all parkways consistent with the standards as set forth in UDC 11 -3A -17E, 11-3G-3135 and 11-313-7C. -5- EXHIBIT A 1.2.12 Comply with all subdivision design and improvement standards as set forth in UDC 11-6C-3, including but not limited to cul-de-sacs, alleys, driveways, common driveways, easements, blocks, street buffers, and mailbox placement. 1.2,13 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. 1.2.14 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 LrDC 1 1-3B-5; UDC 1 i -3B-13 and UDC l 1-313-14. 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. 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 shall have an ongoing obligation to maintain all pathways. 1.3.6 The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. 1.3.7 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 11- 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 -3B. 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. 14,4 The applicantshall 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 11-613- 713 (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 11 313-14A. -6- EXHIBIT A 2. PUBLIC WORKS DEPARTMENT 2.1 SITE SPECIFIC CONDITIONS OF APPROVAL 2.1.1 The proposed 8 -inch diameter sewer mainline in Linder Road will need to be upsized to match the sewer master plan. A 15 -inch diameter mainline will be required from W. American Fork Drive (W. Kodiak Drive) south 2200 feet to the master plan manhole north of W. Eggers Place. From this point South to Victory Road the line will need to be 12 -inch in diameter. The 8 inch line in Victory Road is sufficient. 2.1,2 This parcel is currently not serviceable with domestic water. The development falls in Pressure Zone 5 in which there is currently no supply in the area. Zone 5 water will be available to the parcel with the construction of both a cite water line project and the construction of future phases of the Biltmore Subdivision, including off-site improvements, The City project is projected to be constructed in 2016. Biltmore improvements are dependent on the developer's schedule. 2.1.3 A street light plan will need to be included in the final plat application. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found at http;//Nv-�vw.meridiancity,org/public_works.aspx`lid=272. The plan will need to include Type 1 lighting along the frontages of Linder and Victory Roads in addition to Type. 2 lighting on the subdivisions internal streets. 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 Torr ns 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 reimbursernent agreement for infrastructure enhancement per MCC 8-6-5. 2.2,3 The applicant shall provide casement(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-fect wide for a single utility, or 30 -feet wide for two, The easements shall not be dedicated via the plat, but rattier 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 8112" x 11" neap 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. 2.2.1 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source, If a surface or well source is not available, a single -point connection to the culinary water system shall be required, If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval, 2.2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. -7- EEXHIBIT A 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 1 1-3A-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 9-14 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 (203)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, ctc., prior to signature on the final plat. 2.2,11 All development improvements, including but not limited to sewer and water, fencing, micro - paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.2.12 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 2.2.13 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.2.17 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.2.18 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3 -feet above the highest established peals 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 all irrigation district or ACIID. 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. 2.2.217 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. -9- EXHIBIT A 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 developntent 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/ptiblie_works.aspx?id=272. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. 2.2.22 The City of Meridian requires that the owner post to the City a perfoitr<ance surety in the aunount 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 a. The Police Department has no continent on this application. 4. FIRE DEPARTMENT a. Final Approval of the fire hydrant locations shall be by the Meridian fire Department in accordance with International Fire Code Section (IFC) 508.5.4 as follows: a. Fire hydrants shall have the 4 Y2" outlet face the mahi street or parking lot drive aisle. b. Fire hydrants shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fie Hydrants shall be placed on coursers when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fite hydrants shall be placed 18" above finished grade to the center of the 4'/2" outlets. g. Fire hydrants shall be provided to meet the requirements of IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. b. All entrances, internal roads, drive aisles, and alleys shall have a turning radius of 28' inside and 48' outside, per International Fire Code Section 503.2.4. C, Flisure that all yet undeveloped parcels are maintained free of combustible vegetation as set forth in International Fire Code Section 304.1.2. d. Fire lanes, streets, and structures (including the canopy height of mature trees) shall Have a vertical clearance of 13'6 as set forth in International Fire Code Section 503.2.1. -9- EXHIBIT A e. Operational fire hydrants, temporary or permanent street signs, and access roads with an all weather surface are required to he installed before combustible construction material is brought onto the site, as set forth in International Fire Code Section (IFC) 501.4 and Meridian amendment to WC 10-4-2J. E The fire department requests that any fixture signalization installed as the result of the development of this project be equipped with Opticom sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. The cost of this installation is to be borne by the developer. (National Fire Protection Std 1141 Section 5.2.11.1) 5. REPUBLIC SERVICES 5.1 Republic Services has no continents on this application. 6. PARKS DEPARTMENT 6.1 Meridian's adopted Pathways Master Plan indicates a multi -use pathway along the Williams Pipeline at the southwest corner of the site. The developer shall construct a 10 foot wide multi- use pathway and coordinate the location of such with the Jay Gibbons, Park's Department (208- 888-3579). 6.2 Prior to City Engineer signature on the final plat, the applicant shall provide a pedestrian pathway casement covering the required multi -use pathway along the Williams Pipeline for signature and recordation by the City. 6.3 The applicant shall have an ongoing obligation to maintain all pathways. 7. ADA COUNTY HIGHAVAY DISTRICT 7.1 Site Specific Conditions of Approval 7.1.1 Dedicate 35 -feet of right-of-way from the east property line west approximately 1,087 -feet increasing to approximately 72 -feet of right-of-way from centerline of Victory Road abutting the site. 7.1.2 Construct a center turn lane at the Highgrade Avenue/Victoiy Road intersection. Coordinate the design and location of the center turn lane with ACRD staff prior to final plat. 7.1.3 Construct Victory Road with minimum 17 -feet of pavement from centerline and 5 -foot wide sidewalk located minimum 32 -feet from centerline to face of sidewalk abutting the site. 7.1.4 Provide a permanent right-of-way easement for any public sidewalks placed outside of the dedicated right-of-way. The easement shall encompass the entire area between the right-of-way line and 2 -feet behind the back edge of the sidewalk, 7.1.5 Dedicate 48 -feet of right-of-way frons the south property line north approximately 1,094 -feet increasing to approximately 72 -feet of right-of-way from centerline of Linder Road abutting the si te, 7.1.6 Construct Linder Road with minimum 17 -feet of pavement from centerline and 5 -foot wide sidewalk located minimum 44 -feet from centerline to face of sidewalk abutting the site. 7.l .7 Construct a new local road, llighgrade Avenue, with a 10 -foot wide by 150 -foot long landscape median within 66 -feet of right-of-way at the entrance to Highgrade Avenue and Victory Road. The travel lanes are 22 -feet wide on each side of the median. -10- EXHIBIT A 7.1.8 Construct a new local road, Topedge Street, a 10 -foot wide by 180 -foot long landscape median within 66 -feet of right-of-way at the entrance to Topedge Street and Linder Road. The travel lanes are 22 -feet wide oil each side of the median. 7.1.9 Construct the internal local streets as 36 -foot street sections with rolled curb, gutter, and 5 -foot attached sidewalks, within 50 -feet of right-of-way. 7.1.10 Construct a new local street, Higligrade Avenue, to intersect Victory Road approximately I;250 - feet east of Linder Road., 1,377 -feet west of Kentucky Way, 490 -feet east of Model Farm Drive, and 510 -feet west of Cobble Way. 7.1.11 Construct a new local street, Topedge Street, to intersect Linder Road approximately 680 -feet south of Victory Road, 7.1.12 Construct all internal local streets to provide a minimum offset of 125 -feet from any other local street and a minimum offset of 330 -feet from any collector roadway. 7.1.13 Constrict one stub street, Higligrade Avenue, approximately 725 -feet east of Linder Road, 140 - feet in length, and south to the adjoining property, Install signage at the terminus of the stub street(s) stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 7.1.14 Construct 3 cul-de-sacs with a 52 -foot turning radius. 7.1.15 Submit the bridge plans for the crossing of the Sundall Lateral for review and approval prior to the prc-construction meeting and final plat approval. 7.1.16 Payment of impacts fees are due prior to issuance of a building permit. 7.1.17 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 fiom 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 com lianee 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 casement 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 DTGLINE (1-811-342-1585) at least two Bull business days prior to breaking ground within ACHD right-of-way. The applicant shall -11- EXHIBIT A contact ACRD Traffic Operations 387-6190 in the event any ACRD 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 387-6259 (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 ACH 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 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. -12- EXHIBIT A 7.2.13 C. Legal Description & Exhibit Map for Annexation Boundary TW CJUBI ,z'� cRovv ; mc, J•U'B ENGINEERS. INC. Edgehill Subdivision Boundary Description Project Number 10-15-050 September 29, 2015 The northwest quarter of the northwest quarter of Section 25, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, being more particularly described as follows: BEGINNING at the northwest corner of Section 25, Township 3 North, Range i West, Boise Meridian, which bears N89°20'35"W, 2640.25 feet from the north quartet -section corner of Section 25. Thence S89°20'35%,1320.05 feet along the north line of the northwest quarter of the northwest quarter to the northeast corner of the northwest quarter of the northwest quarter, Thence 500°3223"W, 1324.69 feet along the east line of the northwest quainter of the northwest quarter to the southeast corner of the nurthwest quarter of the northwest quarter, Thence N69"23'22"W, 7321,$3 feet along the south line of the northwest quarter of the northwest quarter to the southwest corner of the northwest quarter of the northwest quarter; Thence N00"37'16"E, 1325.76 feet along the west line of the northwest quarter of the northwest quarter to the POINT Of BEGINNING. The above described parcel contains 40.19 acres, more or less_ -13- EXHIBIT A II I - (j W. victory Rood — — — 4— — — — — — -- — 264{7,25' N-1 /4 2 589'20'35E 1320.05' — — — — . — — . — — -589'20'35"E 1320,20' __— II II II I I _ II II 4�-12520 o 'n d m I a� �p ( M of b C-0 I N I I N M O II I I I I ( I I �A LAND s i 134 I N89'25'22'iV 1321.93' I 4, fC�q OF�p�P'�� Edgehill Subdivision / 3 Boundary Discription y _--,•'" Tho Northwest Quarter o1 the Northwest Quarter of Section 255, j,uagMG1Nans,INC Township 3 North, Range 1 West, Bolsa Meridien, Ada County, Idaho WE 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 the subject 40.19 acre property with an R-4 zoning district and develop 116 new single-fa►Wily residential homes. The Council funds that the proposed map amendment complies with the FLUM and the provisions of the Comprehensive Plan and should be compatible with adjacent residential and agricultural uses (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-4 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. Cite utilities will be extended at the expense of the applicant. 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 11-0-3.E), The Council finds annexing this property with an R4 zoning district is in the best interest of tine City. 2. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: a. The plat is in conformance with the Comprehensive Plan; The Council finds that the proposed plat is Comprehensive Plan in regard to land use Comprehensive Plain Policies and Goals, information, in substantial compliance with the adopted transportation, and circulation. Please see Section VII, of the Staff Report for more b. Public services are available or can be made available and are adequate to accommodate the proposed development; The Council finds this parcel is currently not serviceable with domestic water. (See ] xhibit B of the Staff Report for more details fronn public set -vice providers.) -15- 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, the Council finds that the subdivision will not require the expenditure of capital improvement funds. d. There is public financial capability of supporting services for the proposed development; Based on comments from public service providers contained in Exhibit B, the Council finds there is public fiulancial capability of supporting services for the proposed development. e. The development will not be detrimental to the public health, safety or general welfare; and The Council is not aware of any health, safety, or environmental problems associated with the platting of this property. ACI ID considers road safety issues in their analysis.