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Paramount Director - MDA, PP, RZ H-2016-0104CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0104 - 1 - CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for a Development Agreement Modification to Amend Certain Provisions and Include a Conceptual Development Plan for the Site; Rezone of 37.31 Acres of Land from the C-C and TN-C Zoning Districts to the R-15 Zoning District; and a Preliminary Plat Consisting of 196 Building lots, 12 Common Lots and 2 Future Right-of-Way Lots on 35.63 Acres of Land in the R-15 Zoning District, by Brighton Investments/Land Holdings. Case No(s). H-2016-0104 For the City Council Hearing Date of: November 15, 2016 (Findings on December 6, 2016) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of November 15, 2016, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of November 15, 2016, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of November 15, 2016, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of November 15, 2016, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the “Local Land Use Planning Act of 1975,” codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Community Development Department, the Public Works Department and any affected party requesting notice. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0104 - 2 - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of November 15, 2016, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council’s authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant’s request for a development agreement modification, preliminary plat and rezone is hereby approved per the conditions of approval in the Staff Report for the hearing date of November 15, 2016, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer’s signature on the final plat within two (2) years of the approval of the preliminary plat or the combined preliminary and final plat or short plat (UDC 11-6B-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two (2) years, may be considered for final approval without resubmission for preliminary plat approval (UDC 11-6B-7B). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A, the Director may authorize a single extension of time to obtain the City Engineer’s signature on the final plat not to exceed two (2) years. Additional time extensions up to two (2) years as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again (UDC 11- 6B-7C). Notice of Development Agreement Duration The development agreement shall be signed by the property owner and returned to the City within six (6) months of the City Council granting annexation and/or rezone (UDC 11-5B-3D). A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s) and returned to the city within six (6) months of the city council granting the modification (UDC 11-5B-3F). A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0104 - 3 - to be signed and returned to the City if filed prior to the end of the six (6) month approval period (UDC 11-5B-3F). E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of November 15, 2016 By action of the City Council at its regular meeting held on the L�? day of 2016. COUNCIL PRESIDENT KEITH BIRD VOTED COUNCIL VICE PRESIDENT JOE BORTON VOTED COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED COUNCIL MEMBER TY PALMER VOTED COUNCIL MEMBER LUKE CAVENER VOTED Y66, COUNCIL MEMBER GENESIS MILAM VOTED �f MAYOR TAMMY de WEERD VOTED (TIE BREAKER) Mayor 7ade Weerd Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. By; - x, ' d Dated City Clerk's Office U CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0104 - 4 - EXHIBIT A Paramount Director MDA, PP, RZ H-2016-0104 PAGE 1 STAFF REPORT HEARING DATE: November 15, 2016 TO: Mayor & City Council FROM: Sonya Allen, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Paramount Director – MDA, PP, RZ (H-2016-0104) I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, Brighton Investments/Land Holdings, has submitted the following applications:  A modification to the existing development agreement (MDA) to amend certain provisions and include a conceptual development plan for the site;  A rezone (RZ) of 37.31 acres of land from the C-C and TN-C zoning districts to the R-15 zoning district; and  A preliminary plat consisting of 196 building lots, 12 common area lots and 2 future right-of-way lots on 35.63 acres of land in the R-15 zoning district. See Section VIII, Analysis, for more information. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed MDA, RZ and PP applications with the conditions of approval in Exhibit B, based on the Findings of Fact and Conclusions of Law in Exhibit D of the Staff Report. The Meridian Planning & Zoning Commission heard these items on October 6 and 20, 2016. At the public hearing, the Commission moved to recommend approval of the subject RZ and PP requests. a. Summary of Commission Public Hearing: i. In favor: Mike Wardle, Applicant’s Representative ii. In opposition: Elizabeth Davis and Brian Davis iii. Commenting: None iv. Written testimony: Mike Wardle, Applicant’s Representative (in agreement with staff report) v. Staff presenting application: Sonya Allen vi. Other staff commenting on application: None b. Key issue(s) of Public Testimony: i. Not in favor of the attached housing type and higher density proposed within the Cadence portion of the development as compared to the detached homes and lower density within the adjacent Paramount Subdivision; ii. Concern that the homes will be purchased by investors and turn into rental properties that aren’t owner occupied. c. Key Issues of Discussion by Commission: i. Concern regarding the lack of off-street parking (below UDC standards) within the Cadence portion of the development. EXHIBIT A Paramount Director MDA, PP, RZ H-2016-0104 PAGE 2 ii. In favor of the proposed housing types, density, and transition between developments. d. Commission Change(s) to Staff Recommendation: i. None e. Outstanding Issue(s) for City Council: i. Off-street parking in the Cadence portion of the development is below that required by the UDC [a condition is included in Exhibit B (#1.2.3c) for the applicant to reconfigure the lots to meet the UDC parking standards; or, submit and obtain approval of an application for alternative compliance with the final plat application]. The Meridian City Council heard these items on November 15, 2016. At the public hearing, the Council approved the subject MDA, PP and RZ requests. a. Summary of City Council Public Hearing: i. In favor: Mike Wardle, David Turnbull ii. In opposition: Stephen Chrysler; Karen Coonradt; Bob Chlebda; Elizabeth Davis; Brian Davis; Jonathan Sage; Karen Pestka; Jake Griggs; Eric Delreal; Ramona Neal; Sheldon Anderson; Terrance Kurtz; Jennifer Sullivan; Naquel Ross; and Gisela Delreal iii. Commenting: Justin Lucas, ACHD iv. Written testimony: Mike Wardle, Applicant’s Representative (in agreement with staff report) v. Staff presenting application: Sonya Allen vi. Other staff commenting on application: None b. Key issue(s) of Public Testimony: i. Overcrowding in area schools; ii. Not in favor of more traffic in the neighborhood generated from the proposed use; iii. Opposed to change in use from commercial to entirely residential and higher density residential – prefer neighborhood friendly commercial uses and lower density residential. iv. Concern regarding shortage of off-street parking; v. Concern regarding impact of the proposed development on property values; and, vi. Concern that proposed units may be rentals, rather than owner occupied. c. Key Issues of Discussion by Council: i. In favor of the diversity in housing types proposed; and ii. In support of the development with the applicant’s agreement in regard to how to reconcile the parking concerns. d. Key Council Changes to Staff/Commission Recommendation i. None III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2016- 0104 as presented in the staff report for the hearing date of November 15, 2016, with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2016-0104, as presented during the hearing on November 15, 2016, for the following reasons: (You should state specific reasons for denial.) EXHIBIT A Paramount Director MDA, PP, RZ H-2016-0104 PAGE 3 Continuance I move to continue File Number H-2016-0104 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The subject property is located at the southwest corner of W. Chinden Blvd. and N. Meridian Road, in the northeast ¼ of Section 25, Township 4 North, Range 1 West. B. Applicant: Brighton Investments/Land Holdings 12601 W. Explorer Drive, Suite 200 Boise, ID 83713 C. Owner: Same as applicant D. Representative: Michael D. Wardle, Brighton Corporation 12601 W. Explorer Drive, Suite 200 Boise, ID 83713 E. Applicant's Statement/Justification: Please see applicant’s narrative for this information. V. PROCESS FACTS A. The subject application is for a development agreement modification which requires a public hearing before the City Council; and a rezone and preliminary plat which require a public hearing before the Planning & Zoning Commission and City Council, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: September 19 and October 3, 2016 (Commission); October 24 and November 7, 2016 (City Council) C. Radius notices mailed to properties within 300 feet on: September 8, 2016 (Commission); October 21, 2016 (City Council) D. Applicant posted notice on site by: October 10, 2016 (Commission); November 2, 2016 (City Council) VI. LAND USE A. Existing Land Use(s) & Zoning: This site consists of vacant/undeveloped land, zoned C-C and TN-C. B. Character of Surrounding Area and Adjacent Land Use and Zoning: North: W. Chinden Blvd., agricultural and commercial land, zoned MU-DA in Ada County South: W. Director Street and single-family residential properties, zoned R-8 East: N. Meridian Road and a church, zoned RUT in Ada County West: N. Fox Run Way and single-family residential properties, zoned R-8; and an assisted living facility, zoned C-C EXHIBIT A Paramount Director MDA, PP, RZ H-2016-0104 PAGE 4 C. History of Previous Actions:  In 2013, the subject property was annexed (AZ-13-005, Paramount Northeast).  A Development Agreement (DA) modification application (H-2015-0022) was approved in 2015 to include the annexation area in the existing DA (Inst. No. 1031317116, amended as Inst. No. 113083665) for Paramount Subdivision, recorded as Instrument No. 2016-005060.  In January 2016, a preliminary plat (Paramount North Forty, H-2016-0034) was approved for the subject property. A final plat was never submitted. D. Utilities: Location of sewer: Sanitary sewer mains intended to serve the eastern portion of the subject site currently exist directly adjacent to the subject parcel in W. Director Street, and a main intended to provide service to the western portion of the subject site is currently under construction as part of the Paramount Veranda Assisted Living project. Location of water: Water mains intended to serve the eastern portion of the subject site currently exist directly adjacent to the subject parcel in W. Director Street, and a main intended to provide service to the western portion of the subject site is currently under construction as part of the Paramount Veranda Assisted Living project. Issues or concerns: None. E. Physical Features: 1. Canals/Ditches Irrigation: The North Slough crosses the southwest corner of this site. 2. Hazards: Staff is unaware of any hazards that may exist on this site. 3. Flood Plain: This property does not lie within the floodplain or flood way. VII. COMPREHENSIVE PLAN ANALYSIS Land Use: Approximately 26 acres of the site is designated Mixed Use - Community (MU-C) and approximately 15 acres is designated Medium Density Residential (MDR) on the Future Land Use Map (FLUM) contained in the Comprehensive Plan. The purpose of the MU-C designation is to allocate areas where community-service uses and dwellings are seamlessly integrated into the urban fabric. The intent of the MU-C designation is to integrate a variety of uses, including residential, and to avoid mainly single-use and strip commercial type buildings. Development should comply with the general guidelines for development in all mixed use areas and have a mix of at least 3 land use types. Residential uses should comprise a minimum of 20% of the development area at densities ranging from 6 to 15 units/acre. See pages 27-28 in the Comprehensive Plan for more information. The intent of the MDR designation is to allow smaller lots for residential purposes within City limits. Uses may include single-family homes at gross densities of 3 to 8 units/acre. The applicant proposes to develop the site with single-family attached homes consisting of a total of 196 units at a gross density of 5.5 dwelling units per acre and a net density of 9.92 units per acre. Single-family attached homes (2 attached units on individual properties) are listed as an appropriate use in the MDR designation but are not specifically listed as an appropriate use in the MU-C designation; townhomes (3 or more attached units on individual properties) are listed as an appropriate use. Because single-family attached and townhome units are both located on individual EXHIBIT A Paramount Director MDA, PP, RZ H-2016-0104 PAGE 5 lots, the proposed density and zoning (R-15) is consistent with both FLUM designations for this site, and age qualified 55+ housing is proposed for variety in half of the development, staff feels the proposed use is appropriate. This site is located at the corner of a major arterial intersection (W. Chinden Blvd./N. Meridian Rd.). A residential care facility is currently under construction at the west boundary of this site at the southeast corner of Chinden & Fox Run; and a church, private school, and Zamzow’s retail store exist to the east across Meridian Road. The proposed development will contribute to the variety of residential housing options and mix of uses in this area. The following items from the Comprehensive Plan are considered when reviewing development applications in Mixed Use areas: (Staff’s analysis in italics)  “Residential densities should be a minimum of 6 dwelling units/acre.” (pg. 23) The proposed gross density of the development is 5.5 dwelling units/acre gross and 9.92 dwelling units per acre net, consistent with that desired in MU-C and MDR designated areas.  “Where feasible, higher density and/or multi-family residential development will be encouraged, especially for projects with the potential to serve as employment, destination centers and when the project is adjacent to US 20/26, SH-55, SH-16 or SH-69.” (pg. 23) The proposed project provides for higher density residential development adjacent to US 20/26 (Chinden Blvd.) and contributes to the variety of housing options in this area. This area is predominately developed with single family detached residential homes; a residential care facility is currently under construction to the west. Staff believes the prosed attached units will provide additional housing options at a higher density near employment and mobility corridors.  “A mixed use project should include at least 3 types of land uses; exceptions may be granted for smaller sites on a case by case basis.” (pg. 24) The larger mixed use area consists of a variety of uses including single-family detached homes, a residential care facility, a church, a private school and a retail store (Zamzow’s). There is also quite a bit of land to the west within the MU-C designated area that is yet to develop which will further contribute to the variety of uses in this area.  “Support a variety of residential categories (low-, medium-, medium-high and high-density single-family, multi-family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities.” (3.07.01E) Although staff is unaware of how “affordable” the proposed units will be, the medium density development will contribute to the variety of lot sizes, prices and types of housing in this area.  “Provide for a wide diversity of housing types (single-family, modular, mobile homes and multi-family arrangements) and choices between ownership and rental dwelling units for all income groups in a variety of locations suitable for residential development.” (3.07.03B, pg. 56) The proposed attached units will contribute to the diversity in housing types as well as provide for age qualified (55+) housing in this area; however, staff is unaware if the units will be owner occupied or rentals.  “Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City.” (3.01.01F, pg. 45) City services are available to be extended to this development. EXHIBIT A Paramount Director MDA, PP, RZ H-2016-0104 PAGE 6  “Restrict private curb cuts and access points on collectors and arterial streets.” (3.06.02D) There are no direct access points for this site proposed via Chinden Blvd., a state highway, or N. Meridian Road, an arterial street. An access via N. Fox Run Way, a collector street, was previously approved for this property; two other accesses are proposed via W. Director Street, a collector street. Access via a local street is not available. Because two accesses are required for emergency purposes, one of the accesses via Director is allowed; the other requires Council approval of a waiver to UDC 11-3A-3.  “Ensure development provides safe routes and access to schools, parks and other community gathering places.” (3.07.02N) A detached 10-foot wide multi-use pathway is required along W. Chinden Blvd. and N. Meridian Road and exists along W. Director Street which will provide a safe route to the church and private school to the east and the internal amenities and the public schools to the west as well as other community gathering places in the vicinity. VIII. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: 1. DEVELOPMENT AGREEMENT MODIFICATION (MDA): A modification to the existing development agreement (DA) (Instrument No. 2015-005060) is requested to amend certain provisions and include a conceptual development plan for the site (see Exhibits A.6 and A.7). The existing DA requires the agreement to be modified to include a conceptual development plan for the subject property. The concept plan is required to show access and circulation, a mix of at least 3 land use types, and residential densities ranging from 6 to 15 units per acre in the MU-C designated area and 3 to 8 units per acre in the MDR designated area per the Comprehensive Plan. The applicant proposes to amend the DA as follows: (The Applicant’s requested changes are in underline/strike-out format; Staff’s proposed changes are in double underline/strike-out format; and Staff’s comments in regard to the proposed changes are in italics below.) #6.3 – “A detached10-foot wide multi-use pathway shall be provided within the street buffers along W. Chinden Boulevard, along the west side of N. Meridian Road, and along the north side of W. Director Street within a public use easement in accord with UDC 11-3H-4C.4. The public use easement shall be submitted to the City, approved by City Council and recorded prior to issuance of any Certificate of Zoning Compliance or, approval of any subsequent land use application for the C-C and TN-C zoned properties the City Engineer signing the final plat.” The proposed changes are consistent with that approved with the preliminary plat for Paramount North Forty – Staff is in agreement with the proposed change. #6.4 – “Right-of-way (ROW) shall be dedicated reserved in the amount required by the Idaho Transportation Department for the expansion of W. Chinden Boulevard with development of the C-C and TN-C zoned properties adjacent to Chinden Boulevard.” The term “dedicated” implies donation of ROW to ITD; the proposed change reserves the area which is the intent. Zoning designations are not necessary to include and is proposed to change. Staff is in agreement with the proposed changes. #6.8 – “A modification of the development agreement is required to include a conceptual development plan for the TN-C and C-C zoned property located at the southwest corner of W. Chinden Blvd. and N. Meridian Road and at the southwest corner of W. Chinden Blvd. EXHIBIT A Paramount Director MDA, PP, RZ H-2016-0104 PAGE 7 and N. Fox Run Way prior to submittal of a Certificate of Zoning Compliance application (if required) or issuance of any building permits.” The concept plan(s) should include a site plan showing access and circulation; and a mix of at least 3 land use types; and residential densities ranging from 6 to 15 units/acre in the MU-C designated area and 3 to 8 units/acre in the MDR designated area as required in the Comprehensive Plan (pgs. 27-28 and pg. 20 respectively). Zoning designations are not necessary to include and are proposed to change. A mix of uses is required for the overall MU-C designated area, not just this site. The existing and proposed uses in the overall MU-C area meet this requirement. Staff is in agreement with the proposed changes. In addition to the Applicant’s proposed changes, Staff recommends the following change: #6.2 – A minimum 35-foot wide street buffer is required along W. Chinden Boulevard, an entryway corridor, on the C-C and TN-C zoned properties and shall be landscaped in accord with the standards listed in UDC 11-3B-7C. The zoning districts aren’t necessary to include and are proposed to change with this application. The proposed conceptual development plan depicts a 196-unit single-family attached housing development with two types of products for variety – single-story units for age qualified 55+ on the west side of the development adjacent to the residential care facility; and 2-story units with 3 bedrooms (+ another bedroom/bonus room) on the east end of the development – all with common driveways and side entry garages. Public streets are proposed for internal circulation throughout the development with landscaped chokers for traffic calming and aesthetic appeal. The proposed use contributes to the mix of uses and housing options in this area as required in MU-C designated areas. Therefore, staff is in general support of the proposed concept plan. 2. REZONE (RZ): A rezone of 37.31 acres of land from the C-C and TN-C zoning districts to the R-15 zoning district for the development of 196 single-family residential attached units is proposed consistent with the associated MU-C and MDR FLUM designations for this site. The legal description submitted with the application, included in Exhibit C, shows the boundaries of the property proposed to be rezoned. The City may require a development agreement (DA) in conjunction with a rezone pursuant to Idaho Code section 67-6511A. Because an amendment to the existing DA is proposed with this application that will update the agreement in accord with the proposed plan, staff does not recommend a new DA is required for this site. PRELIMINARY PLAT (PP): A preliminary plat is proposed that consists of 196 building lots, 12 common area lots and 2 future right-of-way lots on 35.63 acres of land in the proposed R-15 zoning district. Two different types of single-family attached structures are proposed within this development. The Encore units are an age qualified 55+ single-story, attached product configured in quads with shared driveways and side-entry garages located at the west end of the development consisting of 98 units. The Cadence units are a 2-story, attached product with side-entry garages accessed from shared driveways located at the east end of the development consisting of 98 units (see Exhibit A.4). EXHIBIT A Paramount Director MDA, PP, RZ H-2016-0104 PAGE 8 Dimensional Standards: The lots in the proposed subdivision are required to comply with the dimensional standards of the R-15 zoning district listed in UDC Table 11-2A-7 and the block length standards listed in 11-6C-3F. Staff has reviewed the proposed plat and found it in compliance with these standards. Building setbacks are required to comply with the setbacks noted in UDC Table 11-2A-7 for the R-15 district. Based on the common driveway exhibit in Exhibit A.5 for the Encore units, the rear building setback needs to be extended from 3 feet to a minimum of 12 feet. The applicant states that the lots can be lengthened into the adjacent common area to accommodate this requirement on the affected lots. Access: One access is proposed via N. Fox Run Way, a collector street, which was previously approved with the development agreement and preliminary plat for Paramount North Forty and is shared with the residential care facility. Two accesses are proposed via W. Director Street, a collector street; one of those is required for emergency access. The other access via Director requires Council approval of a waiver to UDC 11-3A-3 for access. No access is proposed or allowed via W. Chinden Blvd. and N. Meridian Road. The Idaho Transportation Department (ITD) is the transportation authority for US-20/26/W. Chinden Blvd. abutting this development on the north. The Ada County Highway District (ACHD) is the transportation authority for all other public streets within and abutting this development. ITD and ACHD’s comments on this application are included in Exhibit B, Sections 7 and 8. A 30-foot wide common lot is proposed along Chinden and a 40-foot wide common lot is proposed along Meridian for future right-of-way for the expansion of these streets. Landscaping: A 35-foot wide street buffer is required along US-20/26/W. Chinden Blvd., a state highway/arterial street and along N. Meridian Road, an arterial street (both entryway corridors); and a 20-foot wide street buffer is required along N. Fox Run Way, a collector Street. Landscaping is required within the street buffers in accord with the standards listed in UDC 11- 3B-7C. The plat depicts a 75-foot wide buffer along Chinden Blvd. and a 40-foot wide buffer along Meridian Rd. The common lots proposed along Chinden Blvd. and Meridian Road for future right-of-way for the expansion of these streets is required to be landscaped in the interim with vegetative groundcover in accord with UDC 11-3B-7C.5. Parkways: Six-foot wide parkways are proposed in bulb-outs and within common areas adjacent to streets. Because the parkways are only proposed to be 6-feet wide, root barriers are required. All parkways shall be constructed in accord with the standards listed in UDC 11 -3A- 17. Common Open Space & Site Amenities: Based on the size of the proposed development, a minimum of 10% (or 3.6 acres) of qualified open space is required as set forth in UDC 11-3G-3B; and a minimum of one qualified site amenity is required as set forth in UDC 11-3G-3C. A total of 8.63 acres (or 24.2%) of qualified open space is proposed consisting of half of the 35- foot wide street buffers required along W. Chinden Blvd. and N. Meridian Road, both arterial streets, plus additional area outside of the required buffer that’s part of those lots; all of the street buffer and common area along N. Fox Run Way and W. Director Street (within the boundary of the proposed plat), both collector streets; and common areas where amenities for the development are proposed. Proposed site amenities consist of a swimming pool and clubhouse in the Encore portion of the development; a swimming pool with a restroom facility, tot lot and associated parking area in the EXHIBIT A Paramount Director MDA, PP, RZ H-2016-0104 PAGE 9 Cadence portion of the development; and segments of the City’s multi-use pathway system along W. Chinden Blvd. and N. Meridian Rd., in compliance with UDC standards. A Certificate of Zoning Compliance and Design Review application is required to be submitted and approved for the swimming pools, clubhouse, restroom facility and parking lot. Pathways: A 10-foot wide multi-use pathway is required to be provided per the Pathways Master Plan along W. Chinden Blvd. and N. Meridian Road as proposed. A 10-foot wide pathway also exists off-site along W. Director Street adjacent to the south boundary of the site. Staff recommends a north/south pathway is provided within Lot 23, Block 5 between Lots 31 and 32; and within Lot 12, Block 4 between Lots 23 & 24 and 1 and 35 to connect to the east/west pathways; and within Lot 6, Block 3. The addition of the pathways will allow the area to be counted toward the qualified open space requirement because it’s below 50’ x 100’ in area. Sidewalks: The UDC (11-3A-17) requires 5-foot wide detached sidewalks to be constructed along collector streets; and 5-foot wide attached sidewalks to be constructed along local streets. A 4-foot wide detached sidewalk exists along N. Fox Run Way, a collector street; because it’s a fairly new sidewalk, staff does not recommend it’s reconstructed as a 5-foot sidewalk if 5’ x 5’ turnouts are constructed every 200 feet to comply with ADA standards, otherwise the sidewalk should be reconstructed as a 5-foot wide sidewalk. Five-foot wide attached sidewalks are proposed internally along local streets. Common Driveways: Common/shared driveways are proposed throughout the development for access to each unit and are required to be constructed in accord with the standards listed in UDC 11-6C-3D. The plat should be revised to include a common lot or easement on the building lots for each of the common driveways. The UDC (11-6C-3E.7) requires any plats using a common driveway to depict the setbacks, building envelope, and orientation of the lots and structure that are accessed via a common driveway on the preliminary plat and/or as an exhibit with the final plat application. The applicant has submitted exhibits for the both the Encore and Cadence portions of the development that depict the aforementioned items; however, the rear setback on the Encore units is depicted at 3 feet and should be a minimum of12 feet per UDC Table 11-2A-7. The applicant states the rear lot line can be adjusted into the adjacent common areas on the affected lots to comply with this standard. A perpetual ingress/egress easement is required to be filed with the Ada County Recorder, which shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment, for the common driveways. Parking: Off-street parking is required as set forth in UDC Table 11-3C-6 for single-family attached units. For 2, 3 and 4 bedroom units, a minimum of 4 vehicle spaces are required per unit, at least 2 in an enclosed garage, the 2 other spaces may be enclosed or a minimum 10’ x 20’ parking pad each. The Encore units contain 2 bedrooms (+ 1 bedroom/den) and comply with this standard. The Cadence units contain 3 bedrooms (+ 1 bedroom/bonus room) and have 2-car garages but the shared driveway configuration does not allow for the 2 additional parking pads required for each unit. As designed, the Cadence portion only provides half of the required number for a total of 196 spaces fewer than required. The applicant requests a waiver to this requirement; however, there is no mechanism in the UDC for a waiver. The UDC (Table 11-5B-5) does allow for alternative compliance to UDC 11-3C-6 as set forth in UDC 11-5B-5; alternative compliance is a staff-level Director-approved EXHIBIT A Paramount Director MDA, PP, RZ H-2016-0104 PAGE 10 application. The applicant should either reconfigure the plat to comply with this standard, which will result in a reduction in the number of building lots; or, submit an application (and gain approval) for alternative compliance with the final plat application for the affected lots. If alternative compliance is not approved, the plat will need to be revised to accommodate the required off-street parking; or, the product type will need to be changed to accommodate the required off-street parking. Note: According to staff’s calculations, approximately 155+/- on-street parking spaces can be accommodated consisting of 1+ space(s) in front of each unit and at the ends of blocks where non-street fronting units are located; and 43 off-street parking spaces are proposed adjacent to the community pool. In order for alternative compliance to be approved, the Director has to determine three findings as listed in UDC 11-5B-5E, one of which is the alternative compliance provides an equal or superior means for meeting the requirements. Fencing: Fencing is not depicted on the proposed landscape plan but a detail of the berm and sidewalk proposed along W. Chinden Blvd. and N. Meridian Road, which also depicts a fence/wall, is included on Sheet PP4.2 (see Exhibit C). The developer is responsible for constructing fences abutting pathways and common open space lots to distinguish common from private areas; fencing details should be included with the final plat application in accord with the standards listed in UDC 11-3A-7A.7. All fencing should comply with the standards listed in UDC 11-3A-7 and 11-3H-4D. Noise Abatement: Noise abatement is required for residential uses adjoining state highways (i.e. US-20/26 aka Chinden Blvd.) as set forth in UDC 11-3H-4D. The applicant has submitted a cross-section of the berm and pathway proposed along Chinden Blvd. and Meridian Road that also includes a fence/wall (see Sheet PP4.2 of the landscape plan in Exhibit A.3.). A detail of the fence/wall should be submitted with the final plat application that complies with this standard. Waterways: The North Slough has been relocated and is located within a 40-foot wide easement along the west boundary of this site and has been tiled. 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. 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 underground PI system is proposed to be provided to each lot in the subdivision in accord with UDC 11-3A-15. The system will be operated and maintained by the Homeowner’s Association. 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. Stormwater is proposed to be retained in an onsite detention area in accord with ACHD requirements. Building Elevations: Conceptual building elevations were submitted for each of the 2 types of attached units (Cadence & Encore) as shown in Exhibit A.4. Building materials consist of 2 different types of materials with stone veneer accents. The applicant states there are 2 different Encore floor plans – front units (Plan 1) and rear units (Plan 2) with elevation variations; and 1 floor plan for the Cadence units with a few differences between the back-to-back units (Plans 1 and 2), primarily on the first floor. EXHIBIT A Paramount Director MDA, PP, RZ H-2016-0104 PAGE 11 All attached structures are required to comply with the residential design standards listed in the Architectural Standards Manual. An administrative design review application must be submitted to the Planning Division and approved prior to submittal of building permit applications; one design review application can be submitted for the overall development. Staff recommends approval of the proposed MDA, RZ and PP applications with the conditions included in Exhibit B. IX. EXHIBITS A. Drawings/Other 1. Vicinity/Zoning Map 2. Proposed Preliminary Plat (dated: 10/12/16, Revised) 3. Proposed Landscape Plan (dated: 8/16/16) 4. Proposed Conceptual Building Elevations & Site Layout 5. Common Driveway Exhibits (NOT APPROVED) 6. Proposed Modifications to Development Agreement (Instrument No. 2015-005060) 7. Proposed Conceptual Development Plan to be Included in Development Agreement B. Agency & Department Comments/Conditions C. Legal Description and Exhibit Map for Rezone D. Required Findings from Unified Development Code EXHIBIT A Paramount Director MDA, PP, RZ H-2016-0104 PAGE 12 Exhibit A.1: Vicinity/Zoning Map ÚÚd C-N L-O RUT L-O RUT R-8 R-15 C-C L-O R-8 C-CC-G R-8 R-2 R1 C-C RUT C-C RUT TN-C R-4 RUT R-4 RUT R-4 RUT R-8 C-C N L i n d e r R d E Chinden Blvd W CayuseCreek Dr W Chinden Blvd N M e r i d i a n R d N L a n d o n C r e e k P l W C r o s b y D r E Segundo St ESanPedro St WRattlesnakeDr W D i r e c t o r S t W Pr o d u c e r D r N M o r p h e u s A v e W Woodward S t N Isla A v e E Boulder Bar St E Tallinn St N R e d H i l l s A v e E Everest St N B e r g m a n A v e W Heston Dr N S a g u a r o H i l l s A v e N R o s a S p r i n g s A v e N G a r b o Av e E Rio C o l i n a s D r W BacallDr W H e s t o n C t N S e n i t a H i l l s A v e N K e a t o n W a y E SanPedroSt W Bro d e r i c k D r N Moose Creek Ave E P r o d u c e r D r E Tuttle St N G a r b o Av e N M i t c h u m W a y E Cholla Hills St E Joshua Tree Dr W G a b l e S t E San Pedro St W PuzzleCreek Ct E Segundo St E Giant Saguaro St NGertie Pl N B o o t h A v e W Glade Creek St N R e d H i l l s P l W Cedar Grove St WEagleMountainDr WMartenCreekDr E I r o n s t o n e Ct N Moose Creek Ave N F o x R u n W a y N D i e t r i c h A v e N S a g u a r o H i l l s A v e N R e d H o r s e W a y WHamRapidsSt W C a y u s e C r e e k D r E Pasacana St E Martello Ln E Klamath Ln N B r y n n e r A v e W C a g n e y S t E Almos St W Everest Ln N M o r p h e u s P l W Coburn St E I r o n s t o n e D r W Caine St E Azan S t N P e p p a r d A v eW D r e y f u s s S t N P i n e r y C a n y o n A v e E C h olla Hills St E Martello Ln E Lockhart Ln WRootCreekSt N K e a t o n A v e W Bacall St E Cholla Hills St N M i t c h u m A v e N R o s a S p r i n g s A v e N S e n i t a H i l l s A v e N B e a h a m A v e N L a r k w o o d P l N P e p p a r d A v e N S a g u a r o H i l l s P l E Pasacana St WBrandtLn W Barrymore D r W V a l e n tino Dr N E l k R a n c h L n W C o l b e r t S t W P i c k f o r d S t W V a l e n t i n o S t W Hitchcock St WIslandGreenDr N H o o d A v e N R i o V i s t a W a y N D i a m o n d C r e e k A v e N A r l i s s A v e N R e d H i l l s A v e N L a n g e A v e N C l a r e t C u p W a y N M a x i m u s P l N D e m i l l e A v e N R e d H i l l s A v e N B a r n e y L n N M a x i m u s W a y N R o s a S p r i n g s A v e W Redgrave D r N B e a h a m A v e N C h a n n i n g W a y N R i o L o m a s A v e W C a g n e y D r SAINT IGNATIUS SCHOOL PARAMOUNT SUB NO 16 PARAMOUNT SUB NO 27 PARAMOUNT SUB NO 05LOCHSA FALLS NO 11 PARAMOUNT SUB NO 07 LOCHSA FALLS NO 06 SAGUARO CANYON NO 03 ARCADIA LOCHSA FALLS NO 01 PARAMOUNT SUB NO 04 KNIGHT SKY ESTATES KNIGHTHILL SUBDIVISION HIGHTOWER SAGUARO SPRINGS/MADELYNN ESTATES VENTANA NO 02 CARDIGAN BAY PARAMOUNT SUB NO 12 VENTANA NO 01 SAGUARO CANYON NO 02 LOCHSA FALLS NO 03 LOCHSA FALLS NO 07 PARAMOUNT SUB NO 02 PARAMOUNT SUB NO 01 PARAMOUNT SUB NO 08 PARAMOUNT SUB NO 03 LOCHSA FALLS NO 12 LOCHSA FALLS NO 02PARAMOUNT VILLAGE CENTER PARAMOUNT SUB NO 09 SAGUARO CANYON NO 04 PARAMOUNT SUB NO 11 SCHOOL PARAMOUNT ELEM PARAMOUNT SUB NO 06 SCHOOL ROCKY MOUNTAIN HIGH MOULTON BRADFORD PARAMOUNT SUB NO 13 JERICHO SUBDIVISION PARAMOUNT SUB NO 15 SCHOOL CHALLENGER PARAMOUNT SUB NO 17 VILLAS AT LOCHSA FALLS PARAMOUNT SUB NO 18 PARAMOUNT SUB NO 22 PARAMOUNT SUB NO 21 PARAMOUNT SUB NO 19 HACIENDA SUBDIVISION NO. 3 HACIENDA SUBDIVISION NO.2 HACIENDA HACIENDA NO.5 SPURWING CHALLENGE LINDER & CHINDEN PARAMOUNT SUB NO 24 PARAMOUNT ADDITIONAL PHASES BULL RANCHBIRKDALE ESTATES PARAMOUNT NORTHEAST ASSISTED LIVING Paramount No. 29 PARAMOUNT DIRECTOR EXTENSION HACIENDA SOUTH EXHIBIT A Paramount Director MDA, PP, RZ H-2016-0104 PAGE 13 Exhibit A.2: Proposed Preliminary Plat (dated: 10/12/16, Revised) EXHIBIT A Paramount Director MDA, PP, RZ H-2016-0104 PAGE 14 EXHIBIT A Paramount Director MDA, PP, RZ H-2016-0104 PAGE 15 Exhibit A.3: Proposed Landscape Plan (dated: 8/16/16) EXHIBIT A Paramount Director MDA, PP, RZ H-2016-0104 PAGE 16 EXHIBIT A Paramount Director MDA, PP, RZ H-2016-0104 PAGE 17 Exhibit A.4: Proposed Conceptual Building Elevations & Site Layout EXHIBIT A Paramount Director MDA, PP, RZ H-2016-0104 PAGE 18 EXHIBIT A Paramount Director MDA, PP, RZ H-2016-0104 PAGE 19 Exhibit A.5: Common Driveway Exhibits (NOT APPROVED) Rear setback doesn’t comply with minimum 12’ setback – revision required EXHIBIT A Paramount Director MDA, PP, RZ H-2016-0104 PAGE 20 Parking pad does not comply with UDC standards - Revisions or Alternative Compliance required EXHIBIT A Paramount Director MDA, PP, RZ H-2016-0104 PAGE 21 Exhibit A.6: Proposed Modifications to Development Agreement (Instrument No. 2015-005060) as Recommended by Staff Note: Applicant’s proposed changes are in strike-out/underline format; Staff’s recommended changes are in double strike-out/underline format) SECTION 6: CONDITIONS GOVERNING DEVELOPMENT OF PROPERTY: Owner/Developer shall develop the property in accordance with the original Development Agreement (Instrument #1031317116) and the Addendum to Development Agreement (Instrument # 113083665). In addition, the following provisions shall also be required: 1. Direct access to W. Chinden Boulevard and N. Meridian Road is prohibited in accord with UDC 11- 3A-3 and 11-3H-4B. 2. A minimum 35-foot wide street buffer is required along W. Chinden Boulevard, an entryway corridor, on the C-C and TN-C zoned properties and shall be landscaped in accord with the standards listed in UDC 11-3B-7C. 3. A detached10-foot wide multi-use pathway shall be provided within the street buffers along W. Chinden Boulevard, along the west side of N. Meridian Road, and along the north side of W. Director Street within a public use easement in accord with UDC 11-3H-4C.4. The public use easement shall be submitted to the City, approved by City Council and recorded prior to issuance of any Certificate of Zoning Compliance or, approval of any subsequent land use application for the C-C and TN-C zoned properties the City Engineer signing the final plat. 4. Right-of-way (ROW) shall be dedicated reserved in the amount required by the Idaho Transportation Department for the expansion of W. Chinden Boulevard with development of the C-C and TN-C zoned properties adjacent to Chinden Boulevard. 5. A Certificate of Zoning Compliance and subsequent building permit application is allowed to be submitted for approval prior to recordation of the first phase of the subdivision where the assisted living facility is proposed to develop. The first phase final plat shall be recorded prior to issuance of the Certificate of Occupancy for the assisted living facility. 6. The two accesses via N. Fox Run Way, a collector street, are allowed as depicted on the site plan. 7. Development of the property at the southeast corner of W. Chinden Blvd. and N. Fox Run Way where the assisted living facility is proposed shall be generally consistent with the concept plan shown in Exhibit A.4 of the Staff Report that was approved with the Findings of Fact and Conclusions of Law approved by Meridian City Council on December 8, 2015, attached hereto as Exhibit “B”. 8. A modification of the development agreement is required to include a conceptual development plan for the TN-C and C-C zoned property located at the southwest corner of W. Chinden Blvd. and N. Meridian Road and at the southwest corner of W. Chinden Blvd. and N. Fox Run Way prior to submittal of a Certificate of Zoning Compliance application (if required) or issuance of any building permits. The concept plan(s) should include a site plan showing access and circulation; and a mix of at least 3 land use types; and residential densities ranging from 6 to 15 units/acre in the MU-C designated area and 3 to 8 units/acre in the MDR designated area as required in the Comprehensive Plan (pgs. 27-28 and pg. 20 respectively). 9. Construction of the street buffer landscaping and associated 10-foot wide multi-use pathways along W. Chinden Blvd. and N. Meridian Road shall be constructed with the final plat for each phase of development. EXHIBIT A Paramount Director MDA, PP, RZ H-2016-0104 PAGE 22 Exhibit A.7: Proposed Conceptual Development Plan to be Included in Development Agreement EXHIBIT A Paramount Director MDA, PP, RZ H-2016-0104 PAGE 23 Exhibit B: Agency & Department Comments/Conditions 1. PLANNING DIVISION 1.1 Within six (6) months of Council’s approval of the amended development agreement findings and prior to submittal of a final plat application, the developer shall sign and obtain Council approval of an amended development agreement that reflects the modifications listed in Exhibits A.6 and A.7. 1.2 Site Specific Conditions of Approval 1.2.1 Development of the site shall substantially comply with the preliminary plat, landscape plan and building elevations included in Exhibit A, the conditions of approval listed herein, and the provisions of the development agreement. 1.2.2 Any fencing constructed on the site shall be consistent with the standards as set forth in UDC 11- 3A-7 and 11-3H-4D. 1.2.3 The preliminary plat included in Exhibit A.2 shall be revised as follows: a. Depict root barriers for the 6-foot wide parkways shown on the street section for typical local roads at traffic calming areas, and other areas where parkways are proposed, as set forth in UDC 11-3A-17. b. Depict the proposed common driveways in a common lot or easement that is a minimum of 20 feet in width as set forth in UDC 11-6C-3D. c. Adjust the boundaries of the lots in the Encore portion of the development to comply with all minimum setbacks of the R-15 district as set forth in UDC Table 11-2A-7 as applicable. c. Reconfigure the lots to meet the parking standards listed in UDC Table 11-3C-6 for single- family attached units in the Cadence portion of the development; or, submit and obtain approval of an application for alternative compliance as set forth in UDC 11-5B-5 with the final plat application. 1.2.4 The landscape plan included in Exhibit A.3 shall be revised as follows: a. Depict fencing abutting pathways and common open space lots to distinguish common from private areas in accord with the standards listed in UDC 11-3A-7A.7. b. The note for the common driveway on Lot 23, Block 1 references incorrect lot numbers; revise accordingly. c. Depict 5’ x 5’ turnout areas every 200 feet for the sidewalk along N. Fox Run Way to comply with ADA standards; or, reconstruct the sidewalk to 5 feet wide in accord with UDC 11-3A- 17. d. Include a detail of the fence/wall proposed along W. Chinden Blvd. and N. Meridian Road in accord with the standards noted in UDC 11-3H-4D. e. Depict a north/south 5-foot wide pathway within Lot 23, Block 5 between Lots 31 and 32; and within Lot 12, Block 4 between Lots 23 & 24 and Lots 1 and 35 to connect to the east/west pathways; and within Lot 6, Block 3. 1.2.5 A total of 8.63 acres (or 24.2%) of qualified open space shall be provided with development as proposed, minus the area where building lots in the Encore portion of the development may need to expand to comply with setback requirements. 1.2.6 Site amenities shall be provided for the development as proposed consisting of a swimming pool and clubhouse in the Encore portion of the development; a swimming pool with a restroom EXHIBIT A Paramount Director MDA, PP, RZ H-2016-0104 PAGE 24 facility, tot lot and associated parking area in the Cadence portion of the development; and segments of the City’s multi-use pathway system along W. Chinden Blvd. and N. Meridian Rd. 1.2.7 A Design Review application is required to be submitted and approved for all single-family attached structures prior to submittal of a building permit application. Design of the structures shall comply with the residential standards listed in the Architectural Standards Manual. One Design Review application may be submitted for the overall development. 1.2.8 An exhibit shall be included in the final plat application that depicts the setbacks, building envelope, and orientation of the lots and structures that are accessed via common driveways as set forth in UDC 11-6C-3D.7. 1.2.9 A final plat shall be recorded for this property prior to applying for building permits. 1.2.10 A Certificate of Zoning Compliance and Design Review application is required to be submitted and approved for the swimming pools, clubhouse, restroom facility and associated parking lot. 1.2 General Conditions of Approval 1.2.1 Comply with all bulk, use, and development standards of the applicable district listed in UDC Chapter 2 District regulations. 1.2.2 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set forth in UDC 11-3A-6. 1.2.3 Install lighting consistent with the provisions as set forth in UDC 11-3A-11. 1.2.4 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11-3A- 15, UDC 11-3B-6 and MCC 9-1-28. 1.2.5 Comply with the sidewalk standards as set forth in UDC 11-3A-17. 1.2.6 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-5J. 1.2.7 Construct all off-street parking areas consistent with the standards as set forth in UDC 11-3B-5I, 11-3B-8C, and Chapter 3 Article C. 1.2.8 Construct the required landscape buffers consistent with the standards as set forth in UDC 11-3B- 7C (streets). 1.2.9 Construct storm water integration facilities that meet the standards as set forth in UDC 11-3B- 11C. 1.2.10 Protect any existing trees on the subject property that are greater than four-inch caliper and/or mitigate for the loss of such trees as set forth in UDC 11-3B-10. 1.2.11 Comply with the outdoor service and equipment area standards as set forth in UDC 11-3A-12. 1.2.12 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle. 2. PUBLIC WORKS DEPARTMENT 2.1 SITE SPECIFIC CONDITIONS OF APPROVAL 2.1.1 A street light plan will need to be included in the final plat application. Street light plan requirements are listed in section 6-7 of the City's Design Standards. A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272 2.2 General Conditions of Approval 2.2.1 Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. The applicant shall install mains to and through this subdivision; applicant shall EXHIBIT A Paramount Director MDA, PP, RZ H-2016-0104 PAGE 25 coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. 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. Water service to this site is available via extension of existing mains adjacent to the developmen t. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 3. All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 4. Upon installation of the landscaping and prior to inspection by Planning Department staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 5. A letter of credit or cash surety in the amount of 110% will be required for all incomplete fencing, landscaping, amenities, pressurized irrigation, prior to signature on the final plat. 6. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water 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 applicant shall be required to enter into a Development Surety Agreement with the City of Meridian. 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. 7. 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, and water infrastructure for a duration of two years. This surety amount will be verified by a line item final cost invoicing 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. 8. In the event that an applicant and/or owner cannot complete non-life, non-safety and non-health improvements, prior to City Engineer signature on the final plat and/or prior to occupancy, a surety agreement may be approved as set forth in UDC 11-5C-3C. 9. 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. 10. 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. 11. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 12. Developer shall coordinate mailbox locations with the Meridian Post Office. 13. All grading of the site shall be performed in conformance with MCC 11-1-4B. 14. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. EXHIBIT A Paramount Director MDA, PP, RZ H-2016-0104 PAGE 26 15. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 16. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 17. 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. 18. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting (http://www.meridiancity.org/public_works.aspx?id=272). All street lights shall be installed at developer’s expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. The contractor’s work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 19. The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian’s standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2” x 11” map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted, reviewed, and approved prior to signature of the final plat by the City Engineer. 20. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 21. Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 22. 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. 23. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 9-1-28.C.1). The applicant 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 development plan approval. EXHIBIT A Paramount Director MDA, PP, RZ H-2016-0104 PAGE 27 24. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. 3. POLICE DEPARTMENT 3.1 The Police Department has no comment on this application. 4. FIRE DEPARTMENT 4.1 One and two family dwellings not exceeding 3,600 square feet require a fire-flow of 1,000 gallons per minute for a duration of 2 hours to service the entire project. One and two family dwellings in excess of 3,600 square feet require a minimum fire flow as specified in Appendix B of the International Fire Code. Fire Hydrant spacing shall be provided as required by Appendix C of the International Fire Code. 4.2 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 ½” outlet face the main street or parking lot drive aisle. b. Fire hydrants shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10’. f. Fire hydrants shall be placed 18” above finished grade to the center of the 4 ½” outlets. g. Fire hydrants shall be provided to meet the requirements of IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 4.3 In accordance with International Fire Code Section 503.2.5 and Appendix D, any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. Phasing of the project may require a temporary approved turn around on streets greater than 150' in length with no outlet. 4.4 All entrances, internal roads, drive aisles, and alleys shall have a turning radius of 28’ inside and 48’ outside, per International Fire Code Section 503.2.4. 4.5 All common driveways shall be straight or have a turning radius of 28’ inside and 48’ outside and have a clear driving surface of 20’ in width capable of supporting an imposed weight of 75,000 GVW, per International Fire Code Section 503.2. 4.6 Provide signage (“No Parking Fire Lane”) for all fire lanes in accordance with International Fire Code Sections 503.4 & D103.6. 4.7 Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set forth in International Fire Code Section 304.1.2. 4.8 Fire lanes, streets, and structures (including the canopy height of mature trees) shall have a vertical clearance of 13’6 as set forth in International Fire Code Section 503.2.1. 4.9 Operational fire hydrants, temporary or permanent street signs, and access roads with an all weather surface are required to be installed before combustible construction material is brought onto the site, as set forth in International Fire Code Section (IFC) 501.4 and Meridian amendment to IFC 10-4-2J. 4.10 All portions of the buildings located on this project must be within 150’ of a paved surface as measured around the perimeter of the building as set forth in International Fire Code Section 503.1.1. EXHIBIT A Paramount Director MDA, PP, RZ H-2016-0104 PAGE 28 4.11 Emergency response routes and fire lanes shall not be allowed to have traffic calming devices installed without prior approval of the Fire Code Official. National Fire Protection Standard 1141, Section A5.2.18. 5. REPUBLIC SERVICES 5.1 Republic Services did not submit comments on this application. 6. PARKS DEPARTMENT 6.1 The developer shall submit 14-foot wide public pedestrian easements for the proposed multi- use pathways within the boundary of this subdivision; coordinate the details of such with Jay Gibbons, Pathways Project Manager., at 208-888-3579. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 Site Specific Conditions of Approval 7.1.1 Comply with the requirements of ITD and City of Meridian for any project improvements within the State right-of-way for the US-20/26/ Chinden Boulevard frontage. Submit to the District copies of State right-of-way permits, if any, prior to District approval of the final plat. 7.1.2 Dedicate 37-feet of right-of-way from the centerline of Meridian Road abutting the site. Construct a 5-foot wide detached concrete sidewalk located a minimum of 30-feet from the centerline of Meridian Road abutting the site. Provide a permanent right-of-way easement if public sidewalks are located outside of the dedicated right-of-way. 7.1.3 Reconstruct the sidewalk on Fox Run Way abutting the site to be 5-feet in width or provide 5’ x 5’ turnout areas every 200 feet to meet ADA standards. 7.1.4 Replace any broken or deteriorated portions of curb and gutter on Director Street abutting the site. 7.1.5 Extend two stub streets, Garbo Way and Peppard Avenue into the site. Construct the entry portion of both roadways with two 20-foot wide travel lanes, a 12-foot wide center landscape island, curb, gutter, an 8-foot wide planter strip, and 5-foot wide detached concrete sidewalks. 7.1.6 Dedicate the center landscape islands on Garbo Way and Peppard Avenue as right-of-way owned by ACHD. The applicant or the home owners association shall enter into a license agreement with ACHD for any landscaping to be located within the center landscape islands. 7.1.7 Construct the internal local streets as 33-foot street sections with rolled curb, gutter, and 5-foot wide attached concrete sidewalks within 47-feet of right-of-way, as proposed. 7.1.8 Construct bulb-outs though out the site on all of the internal local street, as proposed. Construct the bulb-out to provide a minimum of 24-feet of pavement from back of curb to back of curb and with a minimum inside radius 26-feet. 7.1.9 Provide written Fire Department approval for use of the reduced street section and the bulb-outs. 7.1.10 Provide a permanent right-of-way easement for all sidewalks located outside of the dedicated right-of-way. 7.1.11 If parking lots are constructed on any street they shall be located entirely outside of the right -of- way. Construct a 5-foot wide concrete sidewalk around the outside of the parking lots tying into the sidewalk on either side. 7.1.12 Terminate Channing Way at Everest Drive and construct a driveway to provide secondary emergency access and access to 2 building lots. EXHIBIT A Paramount Director MDA, PP, RZ H-2016-0104 PAGE 29 7.1.13 Construct one 24-foot wide driveway onto Garbo Way located 230-feet north of Director Street, as proposed. Pave the driveway its full width at least 30-feet into the site beyond the edge of pavement of Garbo Way. 7.1.14 Construct one 24-foot wide driveway onto Mitchum Avenue, located 65-feet south of Boulder Bar Drive, as proposed. Pave the driveway its full width at least 30-feet into the site beyond the edge of pavement of Mitchum Avenue. 7.1.15 Direct lot access is prohibited to Meridian Road, Fox Run Way, and Director Street and shall be noted on the final plat. 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 from being located within the ACHD right-of-way. 7.2.3 In accordance with District policy, 7203.3, the applicant may be required to update any existing non-compliant pedestrian improvements abutting the site to meet current Americans with Disabilities Act (ADA) requirements. The applicant’s engineer should provide documentation of ADA compliance to District Development Review staff for review. 7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.2.5 A license agreement and compliance with the District’s Tree Planter policy is required for all landscaping proposed within ACHD right-of-way or easement areas. 7.2.6 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.2.7 It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 7.2.8 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District’s Utility Coordinator at 387-6258 (with file numbers) for details. 7.2.9 All design and construction shall be in accordance with the ACHD Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Standards unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.2.10 Construction, use and property development shall be in conformance with all applicable requirements of ACHD prior to District approval for occupancy. EXHIBIT A Paramount Director MDA, PP, RZ H-2016-0104 PAGE 30 7.2.11 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant’s authorized representative and an authorized representative of ACHD. The burden shall be upon the applicant to obtain written confirmation of any change from ACHD. 7.2.12 If the site plan or use should change in the future, ACHD Planning Review will review the site plan and may require additional improvements to the transportation system at that time. Any change in the planned use of the property which is the subject of this application, shall require the applicant to comply with ACHD Policy and Standard Conditions of Approval in place at that time unless a waiver/variance of the requirements or other legal relief is granted by the ACHD Commission. 8. IDAHO TRANSPORTATION DEPARTMENT (See following page) EXHIBIT A Paramount Director MDA, PP, RZ H-2016-0104 PAGE 31 EXHIBIT A Paramount Director MDA, PP, RZ H-2016-0104 PAGE 32 EXHIBIT A Paramount Director MDA, PP, RZ H-2016-0104 PAGE 33 Exhibit C: Legal Description and Exhibit Map for Rezone EXHIBIT A Paramount Director MDA, PP, RZ H-2016-0104 PAGE 34 EXHIBIT A Paramount Director MDA, PP, RZ H-2016-0104 PAGE 35 EXHIBIT A Paramount Director MDA, PP, RZ H-2016-0104 PAGE 36 Exhibit D: Required Findings from Unified Development Code 1. REZONE: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; The City Council finds the proposed density and associated R-15 zoning is consistent with the applicable provisions of the Comprehensive Plan in regard to the MU-C and MDR future land use map designations for this site. b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council finds that the proposed map amendment and subsequent development will contribute to the range of housing opportunities available in the northern portion of the City. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The City Council finds that the proposed zoning amendment will not be materially detrimental to the public health, safety, or welfare. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The City Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The annexation is in the best of interest of the City (UDC 11-5B-3.E). Because this application is for a rezone, this finding is not applicable. 2. PRELIMINARY PLAT: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: a. The plat is in conformance with the Comprehensive Plan; The City Council finds that the proposed plat is in substantial compliance with the adopted Comprehensive Plan in regard to density, transportation, and circulation. Please see Comprehensive Plan Policies and Goals, Section VII, of the Staff Report for more information. b. Public services are available or can be made available and are adequate to accommodate the proposed development; The City Council finds that public services will be provided to the subject property upon development. (See Exhibit B of the Staff Report for more details from public service providers.) EXHIBIT A Paramount Director MDA, PP, RZ H-2016-0104 PAGE 23 c. The plat is in conformance with scheduled public improvements in accord with the City’s capital improvement program; Because City water and sewer and any other utilities will be provided by the developer at their own cost, the City Council finds that the subdivision will not require the expenditure of capital improvement funds. d. There is public financial capability of supporting services for the proposed development; Based on comments provided from the public service providers (i.e., Police, Fire, ACHD, etc.), Council finds there is public financial capability of supporting services for the proposed development. (See Exhibit B for more detail.) e. The development will not be detrimental to the public health, safety or general welfare; and The City Council is not aware of any health, safety, or environmental problems associated with the platting of this property. ACHD and ITD consider road safety issues in their analysis. f. The development preserves significant natural, scenic or historic features. The City Council is unaware of any significant natural, scenic or historic features that exist on this site.