Hills Century Farm Commercial MDA H-2016-0092ADA COUNTY RECORDER Christopher D. Rich 2016-119080
BOISE IDAHO Pgs=38 BONNIE OBERBILLIG 12/08/2016 01:24 PM
CITY OF MERIDIAN, IDAHO NO FEE
ADDENDUM TO DEVELOPMENT AGREEMENT
.PARTIES: 1, City ofMeridian
2. Martin L.011, 11, Owner/Developer
THIS ADDENDUM TO DEVELOPMENT AGREEMENT is dated thisday.of Vit'
2016, (" ADI)ENDUM" ), by and between City of Meridian, a municipal corporation of the State
of Idaho. ("CITY"), whose= address is. 33 E. Broadway Avenue, Meridian, 'Idaho 83642 and
Martin -L.011 whose addt.ess is 3625 E. Amity Road, Meridian, Idaho 83642, hereii.i4oer
.called 0WNFR/DF,VFT,0PFR_
RECITALS
A. City and OWNER)DEVELOPER entered into that certain Development
Agreement -that was recorded on July 9, 20.15 in the: real property records of Ada County as
Iiistrumerit No:- 20.15-061375 ("DEVELOPMENT AGREEMENT.
B, City and OWNER/DEVELOPER now desire to amend the Developrrtent.
Agreement (Instrument no. 2015063175) with this Addendum to Developmeni.Agreement which
terms have been approved by the Meridian City Council. in accordance with Idaho Code § 67-
6511 on.October 1'8,2016.
NOW, THEREFORE, in consideration of the covenants and conditions set forth herein;.the:parties
agree as follows:.
I , OWNER/DEVELOPER shall be bound by the terms of the original Development
Agreement, except as specifically amended as follows:
.5. CONDITIONS GOVF,RNTN(C DVVFLOPMT,NT (IMSTTBTFCT PR0PT,RTV..
5,.1. Owner/Developer shall develop the Property in accordance with the following
special conditions:
a, Improve S, Hillsdale. Avenue as a public street adjacent4o the east boundary of this, site
as required by Ada County Highway District,.
b, Business hours of operation in the C N district. shall be limited fro 'in* 6:00 am to 10.i00,
pm as set forth in UDCl.1-2B-3A.4,. except for the YMCA which is allowed to operate
from.5;00 am to 10:00 pith. The residential care facility use does not violate the: limitation. on
the hours of operation,
Q. Future development of this site shall be generally consistent with the concept plans
included in Exhibit A.3 of the Staff.Repoit that is attached to the Findings of Fact and
Hill's Century Farm Commercial — II -2016-0092 Pege.1
Conclusions of Law in the original Development Agreement (Instrument No. 2015-
061375); and Exhibits AA and A.6 of the Staff Report attached to the Findings of Fact
and Conclusions of Law from the modification to development agreement (H-2016-
0092), attached hereto as Exhibit "A".
d. Future development of this site should include a pedestrian pathway network that links
the mixed use area with the residential and the elementary schooUYMCA site as well as
adjacent off-site properties. Vehicular connections should also be provided for
interconnectivity within the site.
e. The existing home in the R-8 zoning district that is proposed to remain at the south
boundary of the annexation area midway between S. Eagle Road and S. Howry Lane
shall be required to hook up to City water and sewer service within 60 days of services
becoming available from the development of the adjacent R-8 zoned property, per MCC
9-1-4A; the existing home that fronts on E. Amity Road that is proposed to be removed
with redevelopment of the site and the existing home that fronts on S. Howry Lane that
is proposed to remain in the C -N district as long as the Hill's reside there are not
required to hook up to City services.
f. The rear or sides of homes on lots that face S. Eagle Road and E. Amity 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.
g. To ensure future development is consistent with the objectives and vision of the MU -N
designation the following items will be considered in reviewing development
applications:
i. Community serving facilities (i.e. a school, park, YMCA, library, hospitals,
churches, daycares, civic buildings, or public safety facilities) should be
provided;
ii. Public and quasi -public spaces (i.e. plazas, parks, outdoor gathering areas, open
space, library and schools) should comprise a minimum of 10% of the
development area;
iii. Street sections consistent with the Ada County Highway District Master Street
Map are required;
iv. Neighborhood serving uses and dwellings should be integrated;
v. Residential uses should comprise a minimum of 40% of the development area
with net densities ranging from 4 to 8 units per acre with supporting non-
residential services. Non-residential uses should be smaller scale and provide a
good or service that people typically don't travel more than a mile for and need
regularly;
vi. Non-residential buildings should be proportional to and blend in with residential
buildings;
vii. Employment opportunities for those living in the neighborhood are encouraged;
viii. The mixed use project should be directly assessible to neighborhoods within the
section by both vehicles and pedestrians;
Hill's Century Farm Commercial — H-2016-0092 Page 2
ix. Planning of the C -N property north of the park and YMCA shall consider
appropriate visibility, parking and emergency access to the future neighborhood
park.,
X. Sample uses appropriate in the MU -N area would include: townhouses, multi-
family developments, neighborhood grocer, drug stores, coffee/sandwich/ice-
cream shops, vertically integrated buildings, live -work spaces, dry
cleaner/laundromat, salons/spas, daycares, neighborhood -scale professional
offices, medical/dental clinics, gift shops, schools, parks, churches, clubhouses,
public uses, and other appropriate neighborhood uses.
h. A landscape buffer to residential uses is not required adjacent to the Hill home at the
southeast corner of the site as buffering will be achieved through the adjacent City park,
YMCA and school complex and the property will eventually be part of the YMCA site.
i. The annexation area shall be subdivided prior to issuance of any building permits
beyond those required for the development of the school, YMCA and park site as shown
on the conceptual development plan; and the assisted living facility and medical clinic
shown on the detailed site plan approved with H-2016-0092.
2. OWNER/DEVELOPER agrees to abide by all ordinances of the City of Meridian that
are consistent with the terms of the Development Agreement and the Project Site shall be subject
to de -annexation if the DEVELOPER, or their assigns, heirs, or successors shall not meet the
conditions of this Addendum as herein provided, and the Ordinances of the City of Meridian
that are consistent with the terms of the Development Agreement and this Addendum.
3. if any provision of this Addendum is held not valid by a court of competent
jurisdiction, such provision shall be deemed to be excised from this Addendum and the
invalidity thereof shall not affect any ofthe other provisions contained herein.
4. This Addendum sets forth all promises, inducements, agreements, condition, and
understandings between OWNER/DEVELOPER and City relative to the subject matter herein,
and there are no promises, agreements, conditions or under -standing, either oral or written,
express or implied, between OWNER/DEVELOPER and City, other than as are stated herein.
Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to
this Addendum shall be binding upon the parties hereto unless reduced in writing, and signed by
them or their successors in interest or their assigns, and pursuant, with the respect to City, to a duly
adopted ordinance or resolution of City.
5. Except as herein provided, no condition governing the uses and/or conditions governing
development of the subject Project Site herein provided for can be modified or amended without
the approval of the City Council after the City has conducted public hearing(s) in accordance with
the notice provisions provided for a zoning designation and/or amendment in force at the time of
the proposed amendment.
6. This Addendum shall be effective as of the date herein above written.
7. Except as amended by this Addendum, all terms of the Development Agreement shall
-remain in full force and effect
Hill's Century Farm Commercial —H-2016-0092 Page 3
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed.this agreement and
made it effective as hereimbove provided;
(OWNER FVFT,OPVR!
� Vw
M»rtin L. Hill
CCTV OF MTRmTAN
By:
Mayor Tarj&lde Weerd
o�FpD AiJCUSz
City of }
AT FST � _r"h xs lea taeas`'Q4.
C 14y Col ,.City Clerk
Hill's Century Purn'Commercial —H-2016-0092 Page
STATE OFIDAHO, )
: SS
County of Ada
-Onthis itty0f 201'67 before hie, the unde'rsigned,;a Notary
Public 'in and for said State, personally appeared Martin L. Mil, known or identified to m&
to be the person who signed above 'and acknowledged to me-that<he-executed the same.
IN WITNESS WHEREOF, I.have hereunto set,piy hand and affixed my official
seal 'the :day and year in this certificate first above written.
(SEAL)
AMANDA McCURRY
NOTARY PUBLIC
STATE OF IDAHO
STATE OF IDAHO
t kv* blie i
N'aryP.0 -fdr][Vaho U
Residing -at: :S't*- , U416
My Commission xplres' "
—M—
yo,
ss
County of Ada..
On this -I -o day of A, 2016, before me., a'Notary . Public,
personally appeared Tammy de Weerd and C.Jay Coles, know or identified to: me to be the -
Mayor and Clerk, respectively, of the City of Meridian,, vrhp executed the m'g.t.m.ent. of behalf of
said City,. and acknowledged to me that such City oxecutQdthesame.
IN WITNESS WBERE0F,.'*1 hav*e hereunto set my hand and affixed my official
seal the day and year in this certificate flrst above written,
110 S Century Farm Commere ial — H-2016-0092
1019
Valzt " c's
Notary Publ icf6pldaho- U
Residing at;
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Commissionexpires: 6 — Div
EXHIBIT A
CITY OF MERIDIANaVE R ITID"I`
FINDINGS OF FACT, CONCLUSIONS OF LAW .L �
AND DECISION & ORDER ----,
l A H O
In the Matter of the Request for a Modification to the Development Agreement to Include a
Detailed Site plan and Modification of Certain Provisions of the Agreement; and Preliminary flat
Consisting of 20 Building Lots and 2 Common Lots on 19.73 Acres of Land in the C -N Zoning
District, by Mat -tin L. Hill.
Case No(s). H-2016-0092
For the City Council Hearing Dates of: September 27 and October 4, 2016 (Findings on October 11,
2016)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of October 4, 2016, incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of October 4, 2016, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of October 4, 2016,
incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of October 4, 2016, incorporated by reference)
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use
Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503).
2. The Meridian City Council takes judicial notice of its Unified Development Code codified at
Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by
ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of
Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A.
4. Due consideration has been given to the comments) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction..
5. It is found public facilities and services required by the proposed development will not impose
expense upon the public if the attached conditions of approval are imposed.
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-2016-0092 - I -
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of October 4, 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 modification to the development agreement and preliminary plat is
hereby approved per the provisions in the Staff Report for the hearing date of October 4, 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 -611-7A).
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 I 1 -6B -7B).
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11-613-7.A, the Director may authorize a single extension of time to obtain the City
Engineer's signature on the final plat not to exceed two (2) years. Additional time extensions up
to two (2) years as determined and approved by the City Council may be granted. With all
extensions, the Director or City Council may require the preliminary plat, combined
preliminary and final plat or short plat to comply with the current provisions of Meridian City
Code Title 11. If the above timetable is not met and the applicant does not receive a time
extension, the property shall be required to go through the platting procedure again (UDC I I -
6B -7C).
Notice of Development Agreement Duration
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 l 1 -5B -3F).
A modification to the development agreement may be initiated prior to signature of the
agreement by all parties and/or may be requested to extend the time allowed for the agreement
to be signed and returned to the City if filed prior to the end of the six (6) month approval
period (UDC 11-513-3F).
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). II -2016-0092 - 2 -
E. Notice of Final Action and Right to Regulatory Takings Analysis
l . The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development
application entities 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 October 4, 2016
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). I -I-2016-0092 -3 -
By action of the City Council at its regular meeting held on the j day of M66
2016.
COUNCIL PRESIDENT KEITH BIRD VOTED Yeo
COUNCIL VICE PRESIDENT JOE BORTON VOTED Y(f4
COUNCIL, MEMBER ANNE LITTLE ROBERTS VOTED X�-
COUNCIL MEMBER TY PAL NIRP, VOTED Ya
COUNCIL MEMBER LUKE CAVENER VOTED
COUNCIL MEMBER GENESIS MILAM VOTED Y(4
MAYOR TAMMY de WEERD VOTED
(TIE BREAKER)
Mayor Twn'my/deWeerd
o�ATED Ab,
Attest.,
{ 1 j ur W
f bAff a
Clay C0160 0 SEAL. T �
City cleric'FR
Copy served upon Applicant, Community Development Department, Public Woxks Depattment and City
Attomay.
B t5 X Dated; t
l
Y
CtY Clea Oiflce
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). H-2016-0092 -44
STAFF REPORT
HEARING DATE:
TO:
FROM:
SUBJECT:
EXHIBIT A
October 4, 2016
(Continued f om: September- 27, 2016)
Mayor & City Council
Sonya Allen, Associate City Planner
208-8845533
Hill's Century Farm Commercial — MICA, PP (H-2016-0092)
I. SUMMARY DESCRIPTION OF APPLICANTS' REQUEST
The applicant, Martin L. Hill, has submitted an application for a modification to the development agreement
to include a detailed site plan and modification of certain provisions of the agreement; and a preliminary plat
consisting of 20 building lots and 2 common area lots on 19.73 acres of land in a C N zoning district. See
SediOn V111, Analysis, for more information.
II. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed MDA and PP applications based on the Findings of Fact and
Conclusions of Law in Exhibit C of the Staff Report.
The Meridian Planning & Zoning Commission heard the PP on September 1, 2016. At the public
hearing, the Commission moved to recommend approval of the subject PP request.
a. Summary of Commission Public Hearing:
i. In favor: Mike Wardle, Brighton Corporation
ii. In opposition: None
iii. Commenting: None
iv. Written testimony: Mike Wardle, Brighton Corporation
L. Staff presenting application: Sonya Allem
A. Other staff commenting on application. Bill Parsons
b. Key..issueW of Public Testimony:
L None
e. Key Issues of Discussion by Commission:
L Creation of a remnant parcel by not including the western R-8 zoned property in the plat;
ii. Revised conditions to Section 2 in Exhibit B as requested by the Appy cant.
.............
d. Commission Change(s) to Staff Recommendation:
i. At staffs request, a condition was added for on -;street narking to be provided on the south side
of the street (E. Hill Park St.) adjacent to the park (see condition 46.1).
fl. Modify conditions #2.2.3, 2.2.9 and 2.2.11 as requested by the applicant and agreed upon by
staff (see Exhibit B); staff is not in favor of modifying condition #2.1.1 as requested by the
applicant.
e. Outstanding Issues) for City Council:
L None
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Hill's Century Farm Commercial MDA, PP H-2016-0092 PAGE 1
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III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Number H-2016-0092, as
presented in the staff report for the hearing date of October 4, 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-2016-0092, as
presented during the hearing on October 4, 20I6, for the following reasons: (You should state specific
Bill's Century Farm Commercial — MDA, PP H-2016-0092 PAGE 2
EXIMIT A
reasons for denial.)
Continuance
I move to continue File Number H-2016-0092 to the hearing date of (insert continued hearing date here) for
the following reason(s): (You should state specific reason(s) for continuance.)
l V. APPLICATION AND PROPERTY FACTS
A. Site Address/Location:
The subject property is located at 3625 E. Amity Road, in the northwest'`/4 of Section 33, Township 3
North, Range I East.
B. Applicant:
Martin L. Hill
3625 E. Amity Road
Meridian, Idaho 83642
C. Owner:
Same as applicant
D. Representative:
Mike Wardle, Brighton Corporation
12601 W. Explorer Drive, Ste. 200
Boise, Idaho 83713
E. Applicant's Statement/Justification: PIease see applicant's narrative for this information.
V. PROCESS FACTS
A. The subject applications are for a modification to the development agreement and a preliminary plat. A
public hearing is required before the Planning & Zoning Commission and City Council on the
preliminary plat; a public )tearing is only required before the City Council on the development agreement
modification, consistent with Meridian City Code Title 11, Chapter 5.
B. Newspaper notifications published on: August 15 and 29, 2016 (Commission); September 5 and 193
2016 (City Council)
C. Radius notices trailed to properties within 300 feet on: August 12, 2016 (Commission); September 2,
2016 (City Council)
D, Applicant posted notice on site by: August 18, 2016 (Commission); September 16, 2016 (City Council
VL LAND USE
A. Existing Land Use(s): This property is currently being used for agricultural purposes and is zoned R-8
and C N.
B. Character of Surrounding Area and Adjacent Land Use and zoning:
North: E. Amity Road and agricultural land, zoned RUT in Ada County
South: Future City Park, YMCA, library and elementary school, zoned GN
East: Rural residential/agricultural property, zoned RUT in Ada County
West: Agricultural property (future single-family residential), zoned R-8
Hill's Century Fann Commercial -- MDA, PP 1.1-2016-0092 PAGE 3
EXHIBIT A.
C. History of Previous Actions:
In 2015, an amendment to the Comprehensive Plan Future Land Use Map (CPAM-15-001) was
approved to change the land use designation on this property (and a larger area totaling 87 acres)
from low density residential to mixed use neighborhood. Annexation and zoning (AZ -15-004) with a
C -N zoning district was also approved with the requirement of a development agreement, recorded
as Instrument No. 2015-061375.
A property boundary adjustment (PBA -15-012) was approved later in 2015 that created the current
configuration of the subject property (ROS #10215).
D. Utilities:
a) Location of sewer: A sanitary sewer main intended to provide service to the subject development
was recently installed as part of the Hillsdale Elementary School project.
b) Location of water: Water trains intended to provide service to the subject development currently
exists near the northwest corner of the subject site in E. Amity Road, as well as a recently installed
mainlines as part of the Hillsdale Elementary School project.
c) Issues or concerns: Applicant shall be responsible for the extension of sanitary sewer and water
mains to provide service, including a 12 -inch water mainline across the development frontage in E.
Amity Road,
E. Physical Features:
Canals/Ditches Irrigation: The Cunningham Lateral crosses this site along with some irrigation
ditches.
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 Overlay District,
VII. COMPREHENSIVE PLAN ANALYSIS
The Future Land Use Map (FLUM) contained in the Comprehensive Plan designates the subject property as
Mixed Use - Neighborhood (MU -N).
The purpose of the MU -N designation is to assign areas where neighborhood -serving uses and dwellings are
scamlessly integrated into the urban fabric. The intent is to avoid predominately single use developments by
incorporating a variety of uses. Land uses in these areas should be primarily residential with supporting non-
residential services. Non-residential uses in these areas tend to be smaller scale and provide a good or service
that people typically do not travel far for (approximately one mile) and need regularly. Employment
opportunities for those living in the neighborhood are encouraged. Comiectivity and access between the non-
residential and residential land uses is particularly critical in MU -N areas. Tree -lined narrow streets are
encouraged. Developments are encouraged to be designed according to the conceptual MU -N plan depicted
in Figure 3-1 on page 25 of the Comprehensive Plan. See pages 24-27 of the Compr-ehensive Plan for more
information.
The applicant proposes to develop the northeast portion of this site with a residential care facility (assisted
living) and a medical clinic. The use of the remainder of the site is not yet detailed but is anticipated to
develop with professional offices, dental/medical clinics, daycares, gift shops, dry cleaner/laundroinat,
salons/spas and other neighborhood -scale commercial uses as allowed in the C -N district and as desired in
MU -N designated areas (see the concept plan in Exhibit A.4).
Hill's Century Farm Commercial — MDA, PP H-2016-0042 PAGE 4
EXHIBIT A
Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the
proposed use (staff analysis in italics):
"Require appropriate landscaping and buffers along transportation corridor (setback, vegetation, low
walls, berms, etc.)." (3.06.02F)
A 2S foot wide landscape buffer and building setback will be required with development along E. Amity
Road, an arterial street; and a 2Q foot wide buffer and building setback will be required along S dowry
Lane, designated as a. future collector street. Landscaping should be installed in accord with the
standards listed in UDC 11 -3B -7C Landscape Buffers along Streets.
"Locate small scale neighborhood commercial areas within planned residential developments as part of
the development plan." (3.05.01 E)
The proposed neighborhood connnercial development should integrate well with the YMCA, Ci0i Park,
libraty, health complex and elementary school to the sotcth, and existing and future residential uses in
the vicinity.
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,
The proposed assisted living facility will provide another housing option in this portion of the City
adjacent to future medium densio, residential uses. Staff is unaware of Trow "affordable " it will be.
"Require neighborhood and community commercial areas to create a site design compatible with
surrounding uses (e.g. landscaping, fences, etc.)." (3.05.02A)
The neighborhood commercial development is proposed to be separated from future residential
development to the west by a local street (S. Tavistock Ave.) and landscaped street buffer.
"Identify and encourage medical service related 'industry which are currently lacking." (2.02.01A)
The proposed medical clinic and anticipated medical and dental offices should provide march needed
services in this area of the Cite that are currently lacking.
"Restrict private curb cuts and access points on collectors and arterial streets." (3.06.02D)
The UDC (11-3A-3) restricts access to arterial and collector streets when access is available from a
local street. Because no access is available via a local street, a driveway is proposed via E. Amita, Road,
an arterial street, and via S Hillsdale Avenue, a facture collector street; these accesses and locations are
approved by ACHD as shown on the revised site plan in Exhibit A.4.
"Permit new development only where urban services can be reasonably provided at the time of final
approval and development is contiguous to the City." (3.01,0 IF)
City services are available to be extended by the developer to the proposed lots upon development of the
site in accord with. UDC 11-3A-21.
"Review new development for appropriate opportunities to connect local roads and collectors to adjacent
properties (stub streets). (3.03,020)
There are no stub streets to this property from adjacent properties. A collector street is proposed along
the east boundmy of the site for connection to Ain.ity Road for the properties to the south. A north/south
stub street is proposed along the west boundary of the site for future extension and interconnectivity.
"Plan for and encourage services like health care, daycare, grocery stores and recreational areas to be
built within walking distance of residential dwellings." (2.0 1.01 C)
Hill's Century Farm Commercial — MDA, PP H-2016-0092 PAGE 5
EXHIBIT A
The proposed medical clinic, assisted living facility and anticipated facture uses on the site are within
walking distance of adjacent existing and. future residential dwellings.
"Require screening and buffering of commercial and industrial properties to residential use with
transitional zoning." (3„06.01E)
The proposed GN zoning provides a transition in zoning between neighborhood commercial and
residential uses. A mini -non 10 foot wide landscape buffer will also be required along S. Tavistock
Avenue along the west boundmy of the commercial portion of the site.
Staff feels the proposed assisted living facility and medical clinic along with future uses as anticipated are
consistent with the uses desired in the MU -N area and appropriate for this property. Additionally, the
location of the neighborhood commercial area near the mid -mile with an elementary school, YMCA, City
Park and a library and health complex to the south, along with supporting residential uses meets the intent of
mixed use designated areas.
VIII. ANALYSIS
A. Analysis of Pacts Leading to Staff Recommendation:
1. DEVELOPMENT AGREEMENT MODIFICATION (MDA): A modification to the development
agreement (DA) (Instrument No. 2015-061375) to include a detailed site plan and modification of certain
provisions of the agreement is proposed as follows:
The conceptual development plan included in Exhibit A of the DA depicts a "bubble" plan for
the mixed use designated area that lists future possible uses and no site details (see below). A
provision in the DA requires a detailed site plan to be submitted and approved prior to a plat
application being submitted and any development occurring beyond the school/YMCA/park site
to ensure development is consistent with the objectives and vision of the MU -N designation.
A detailed plan for the first phase of development is proposed which includes a medical clinic at the
northeast corner of the site with an assisted living facility immediately to the west on 2 building lots
on 6 acres of land (see Exhibit AA). Details are not included for the 18 building Iots on the
remaining 13.7 acre portion of the neighborhood commercial area but the applicant anticipates many
of these lots will be consolidated as users are determined; such users are anticipated to include
Hill's Centmy Farm Commercial --MDA, PP H-2016-0092 PAGE 6
EXHIBIT A
professional offices, dental/medical clinics, daycares, gift shops, diy cleaner/laundromat, salons/spas
and other neighborhood -scale uses as desired in MU -N designated areas.
The applicant's narrative assumes that with submittal of the proposed site plan that they've complied
with the aforementioned DA provision and that no further modifications will be required for the
remainder of the site if uses such as those anticipated are provided. Because the intent of the
requirement is not solely to ensure MU -N appropriate uses are provided, but to ensure arrangement
of buildings in the commercial portion of the development provide for a common usable area (i.e. a
plaza or green space); an overall design consistent the with the mixed use neighborhood concept
plan in the Comprehensive Plan (Figure 3-1) with a transition in uses to the future medium density
residential development to the west; a pedestrian pathway network that links the mixed use area with
the YMCA site to the south, and provision of smaller scale non-residential uses that provide goods
or services that people living in the immediate vicinity need regularly, staff does not agree with this
assumption and clarifies that subsequent modifications are still required.
Because the provision currently requires a detailed site plan to be submitted prior to plat approval
and the applicant does not have details yet for the remainder of the site, staff recommends allowing
the applicant to proceed forward with the preliminary plat and first phase of development provided
that no final plats are approved on the portion of the site where a detailed site plan has not been
approved. See Exhibit A. S for Staff's recornniended anodiftcation.
Second, the applicant proposes DA provision #5.lg.xii is deleted which states, "Maximum building
size should be limited to a 20,000 square foot building footpring (excluding the school site) unless a
structure contains a mix of both residential and office or commercial land uses."
Because the provision is not a reguireanent but something that should be considered when reviewing
development applications, per the Comprehensive Plan (pg. 24), staff does not recommend deletion
of this provision. However, staff does recommend the provision is clarified accordingly to avoid
confusion of requirements vs. recommendations/considerations. See Exhibit A.5for Staf'f's
recornartended modifications.
Last, the applicant proposes a modification to provision #5. Li as follows, "The annexation area shall
be subdivided prior to issuance of any single-family residential building permits or for issuance of
occupangy permits for commercial buildings beyond those required for the development of the
school, YMCA and park site as shown on the conceptual development plan"
Because the DA requires detailed site plan approval through a modification to the agreement and
because details haven't yet been provided for 13.7 acres of the commercial area, staff does not
recommend modification of this provision as proposed. However, Staff is amenable to modifying the
provision as follows: "The annexation area shall be subdivided prior to issuance of any building
permits beyond those required for the development of the school, YMCA and park site as shown on
the conceptual development plan; and the assisted living facility and medical clinic shown on the
detailed site plan approved with H-2016-0092." See Exhibit A, 5.
Note: A conditional use permit is required for an assisted living facility (i,e, nursing/residential care
facility} in the C -N zoning district per UDC Table 11-2B-2 the use is subject to the specific use
standards listed in UDC 11-4-3-29,
2, PRELIMINARY PLAT (PP): A preliminary plat is proposed consisting of 20 building lots and 2
common lots on 19.73 acres of land in the C -N zoning district.
The boundary of the proposed plat does not encompass all of the area included in Parcel 2 shown
on the Record of Survey (recorded as #10215) in Exhibit A..1; a 171,42 foot wide strip of land,
Hill's Century Farm Commercial — MDA, PP H-2016-0092 I PAGE 7
EXHIBIT .A.
zoned R-8, along the west boundary is not included. Because this will create a remnant parcel
that's not legal to build on, staff recommends this area is included in a revised preliminary plat,
This property will likely be included in a future plat when the parcel to the west develops.
Dimensional Standards: The lots in the proposed subdivision are required to comply with the
dimensional standards of the C -N zoning district listed in UDC Table l I -2B-3. Staff has reviewed the
proposed plat and found it in compliance with these standards.
Building setbacks and height are required to comply with the standards noted in UDC Table 11-2B -3 for
the C -N district,
Access/streets: A local street (S. Tavistock Ave.) is proposed for access via E. Amity Road, an arterial
street; and another local street (1. Hill Park St.) is proposed for access via S. Hillsdale Ave., a future
collector street. A driveway access is depicted on the plat for the proposed coinmezcial development via
E. Amity Road and S. Hillsdale Avenue. A future roundabout is depicted at the intersection of E. Amity
Road and S. Hillsdale Avenue.
The UDC (I 1-3A-3) requires access to be provided via local streets when available to improve safety by
combining and/or limiting access points to collector and arterial streets and ensuring that motorists can
safely enter all streets. The site plan is required to be reconfigured to reflect access only via the
proposed local streets unless otherwise waived by City Council. The applicant requests a waiver
from Council for the proposed access points via Amity and Hillsdale. Note: The applicant has
requested a modification of ACHD policy to allow the proposed accesses; ACRD staff is in support of
the request with the rnodifred driveway locations shown on the site plan in Exhibit A.4.
With inclusion of the R-8 zoned property to the west in the plat, S.Tavistock Ave. should be constructed
as a complete street within this site and stabbed to the adjacent property to the south.
A cross-access/ingress-egress easement should be granted between lots in the proposed subdivision for
access to streets in accord with UDC 11 -3A-3.
Landscaping: A 25 -foot wide street buffer is required along E. Amity Road, an arterial street; a 20 -foot
wide buffer is required along S. Hillsdale Avenue, a collector street; and a 10 -foot wide buffer is
required along S. Tavistock Avenue and E. Hill Park Street, both local streets, in accord with the
standards listed in UDC 11 -3B -7C.
Sidewalks. Sidewalks are required to be constructed with development in accord with UDC 11-3A-17.
A minimum 5 -foot wide detached sidewalk is required along E. Amity Road, an arterial street, and S.
Hillsdale Avenue, a future collector street; and a minimum 5 -foot wide attached (or detached) sidewalk
is required along S. Tavistock Avenue and E. Hill Park Street as shown on the landscape plan.
Pathways: The Pathways Master Plan does not designate a pathway on this site, However, pedestrian
connections should be provided that link the mixed use area with adjacent single-family development
and the City Park and YMCA to the south.
Common Open Space & Site Amenities; Commercial development is not required to provide common
open space and site amenities as set forth in UDC 11-3G-3; however, the mixed use standards in the
Comprehensive Plan recommends a public plaza or open space is provided. The western 6 acre
residential portion of the site that staff recommends is included in this plat is required to provide
common open space and site amenities; however, because that area will be included in a future plat for
nlediuin density residential lots, staff does not recommend open space and amenities are required at this
time and instead is reviewed as part of the larger residential development planned to the west.
Fencing: No fencing is proposed with this development. All fencing should comply with the standards
listed in UDC 11-3A-17.
Hill's Century Farm Commercial —MDA, PP H-2016-0092 PAGE 8
EXHIBIT A
Waterways: The Cunningham Lateral crosses this site and is proposed to be relocated and piped along
the east side of this site.
The Boise Project Board of Control requires a 40 -foot wide easement for the relocation of the lateral
through Lots 10 and I l and a portion of Lot 20 along the west side of S. Hillsdale Avenue. No trees are
allowed within the easement which overlaps the area where a landscaped street buffer is required along
Hillsdale. Therefore, the applicant should apply for alternative compliance to UDC 1 I -3B -7C with the
final plat application that contains the land in which the easement lies.
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 I I -3A.-15. The system will be operated and maintained by the Owner's
Association,
Storm Drainage: A stonn 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-1 8. Stonnwater is proposed to be retained in
an onsite detention area in accord with ACHD requirements.
Building Elevations: Conceptual building elevations were submitted for future retail, office and
professional services buildings and the assisted Iiving/memory care facility as shown in Exhibit A.6.
Building materials for the coinrnercial buildings are depicted as stucco cornices, a 3 coat stucco system
on metal lath, tension canopies, aluminum window frames with tinted and insulated glass; stone veneer
wall and base. Building materials for the residential care facility are depicted as cultured stone with
"hardi" Iap and shake siding, and wood timber truss gable elements and asphalt shingles.
All structures are required to comply with the design standards listed in the Architectural Standards
Manual.
Staff recornrnends approval of the proposed MDA application as recommended by staff ira Exhibit A. S
and PP application with the conditions included in Exhibit B.
IX, EXHIBITS
A, Drawings/Other
1. Vicinity/Zoning Map & Record of Survey
2. Proposed Preliminary PIat (dated: 7/14/16)
3. Proposed Landscape Plan (dated: 7/14/16)
4. Proposed Site Plan (dated: 8/2/16)
5. Proposed Modifications to Development Agreement as Recommended by Staff
6. Conceptual Building Elevations (dated: July 2016)
B. Agency & Department Comments/Conditions
C. Required Findings from Unified Development Code
Hill's Century Farm Commercial — MDA, PP H-2016-0092 I PAGE 9
EXHIBIT A.
Exhibit A.1: Vicinity/Zoning Map & Record of Survey
Hill's Century Farm Commercial -- MDA, PP H-2016-0092 PAGE 10
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Hill's Century Farm Commercial — MDA, PP H-2016-0092 . PAGE 1 I
EXHIBIT A
Exhibit A.2: Proposed Preliminary Plat (dated: 7/14/16) NO A PPRIGP rr] to
HILL'S CENTURY FARM COMMERCIAL SUBDIVISION
PRELIMINARY PLAT
SITUATED IN A PORTION OF THE NW 1(4 OF SECTION 33,
TOWNSHIP a NORTH, RANGE 1 EAST, BOISE MERIDIAN,
CITY OF MERIDIAN,AOA000NTY, IDAHO
.3wj t JULY 2016
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Hill's Century Farm Commercial — MDA, PP H-2616-0092 PAGE 12
EXHIBIT A
Exhibit A,3: Proposed Landscape Plan (dated: 7/14/16) NOT AP -PRO
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Hill's Century Farm Commercial — MDA, PP H-2016-0092
1 1 PAGE 13
EXHIBIT A
Exhibit A..4: Conceptual Development Plan (dated: 8/2/16)
HILL'S CENTURY FARM COMMERCIAL SUBDIVISION
SITE PLAN u
Hill's Century Farm Commercial — MDA, PP H-2016-0092 PAGE 14
;M71:1
EXHIBIT A
Exhibit A.5; Proposed Modifications to Development Agreement as Recommended by staff
Proposed changes are noted in strike-ottt/tinder•line for•rzzat.
5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY:
5.1. Owner/Developer shall develop the Property in accordance with the following
special conditions:
a Improve c Hewr-y La S, -Hillsdale Avenue as a public street adjacent to the east boundary
of this site as required by Ada County Highway District.
b. Business hours of operation in the C -N district shall be limited from 6:00 am to 10:00 pm as
set forth in UDC11-213-3AA, except for the YMCA which is allowed to operate from 5:00
am to 10:00 pm. The residential care facility use does not violate the limitation onthe hours
of operation.
c. Future development of this site shall be generally consistent with the concept plans
ppk-atiaert included in Exhibit A.3 of the Staff Report that is attached to
the Findings of Fact and Conclusions of Law in the original development agreement (Inst.
2015-061375); and Exhibits A.4 and A.6 of the Staff Report that is attached to the Findings
of Fact and Conclusions of Law in the amended development agreement (H-2016-0092
(Exhibit "B9.
d. Future development of this site should include a pedestrian pathway network that links the
mixed use area with the residential and the elementary sebool/YMCA site as well as
adjacent off-site properties. Vehicular connections should also be provided for
interconnectivity within the site.
e. The existing home in the R-8 zoning district that is proposed to remain at the south
boundary of the annexation area midway between S. Eagle Road and S. Howry Lane shall
be required to hook up to City water and sewer service within 60 days of services becoming
available from the development of the adjacent R-8 zoned property per MCC 9-1-4A; the
existing home that fronts on E. Amity Road that is proposed to be removed with
redevelopment of the site and the existing home that fronts on S. Howry Lane that is
proposed to remain in the C -N district as long as the Hill's reside there are not required to
hook up to City services.
I: The rear or sides of homes on lots that face S. Eagle Road and E. Amity 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.
g,
Staff Repai4 that is attaehed te the Findings of Faet a -ad Genelusions of Law (Exhibit "B") is
�r-y-c-cm al HT1 �z -az�d ems to pessilale-�-� o�-t lc4ailS am
detailed plan shall be sabmitted thr-e4agh an amendfnent to -the development agreetRent wid
beyond the OIJYN Qn — sits. I o ensure future development is consistent with the
objectives and vision of the MU -N designation,atm -n om; the ftaur a - e
inkeratefollowing the following: items will be considered in reviewingdevelopment
applications:
Hill's Century Farm Commercial -- MDA, PP H-2016-0092 PAGE 15
EXHIBIT A
i. RYYilrltri hn YY:1-" e ee _1�i, er ia.1_'M y n rte'YfS to 1. lYate
sei: a form
��11nfLLLLLL111113IIIIIIn w.me usabl�l_e are n eh a a plaza o rtreo_�n�s�uc+e,;-
ii. Tr-&-fisitional uses and/or landsea-pe buffering should be previded bevA,een
n.�er�n nri-AIIaZ+�� f-iri rti'%. Y i;y-'er 8- �-�,_.do n: y residential deNT elepraent'
'� +�.�,, �4 ,,t' ,amu
i'ti.Yi 'eet'Ttl�elude at least 3types`• _F'l.,t,a „Pan•
i Community serving facilities (i.e. a school, park, YMCA, library, hospitals,
churches, daycares, civic buildings, or public safety facilities) should be provided;
v: Public and quasi -public spaces (i.e. plazas, parks, outdoor gathering areas, open
space, library and schools) should comprise a minimum of 10% of the development
area;
v -i Street sections consistent with the Ada County Highway District Master Street Map
are required;
Y44, Neighborhood serving uses and dwellings should be integrated;
vviii: Residential uses should comprise a minimum of 40% of the development area with
net densities ranging from 4 to 8 units per acre with supporting non-residential
services. Non-residential uses should be smaller scale and provide a good or service
that people typically don't travel more than a mile for and need regularly;
ix-. Non-residential buildings should be proportional to and blend in with residential
buildings;
Employment opportunities for those living in the neighborhood are encouraged;
f ,Yr,neetiyitY. and , n between
The rnixed use Project should be directly accessible to neighborhoods within the
section by both vehicles and pedestrians;
xii. Maximum b ildbig -size should be l4nited to a 20,000 s��ilding fe
n;
xiii: Planning of the C -N property north of the park and YMCA shall consider
appropriate visibility, parking and emergency access to the future neighborhood
park.
Sample uses appropriate in the MU -N area would include: townhouses, multi-farnily
developments, neighborhood grocer, drug stores; coffee/sandwich/ice-cream shops,
vertically integrated buildings, live -work spaces, dry cleaner/laundromat,
salons/spas, daycares, neighborhood -scale professional offices, medical/dental
clinics, gift shops, schools, parks, churches, clubhouses, public uses, and other
appropriate neighborhood -scale uses.
h. A landscape buffer to residential uses is not required adjacent to the Hill home at the
southeast corner of the site as buffering will be achieved through the adjacent City Park,
YMCA and school complex and the property will eventually be pant of the YMCA site.
i. The annexation area shall be subdivided prior to issuance of any building permits beyond
those required for the development of the school, YMCA and park site as shown on the
Hill's Century Farm Commercial —MDA, PP H-2016-0092 PAGE 16
EXHIBIT A
conceptual development plan; and the assisted livingfaciliiy and medical clinic shown on
the detailed site plan approved with H-2016-0092,
Hill's Century Farni Commercial — MDA, PP H-2016-0092 PAGE 17
EXHIBIT A
Exhibit A.6: Conceptual Building Elevations (dated: July 2016)
FRONT ELEVATION
SIDE ELEVATION
REAR ELEVATION
OFFICE / RETAIL BUILDING MATERIALS
Stucco cornice; three (3) coat stucco system on metal lath; tension
canopies; aluminum window frame w/ tinted and insulated Mass;
stone veneer wall and Base.
Hill's Century Farm Commercial — MDA, PP H-2016-0093 PAGE 18
EXHIBIT A
ASSISTED LIVING BUILDING MATERIALS
Asphalt shingles; cultured stone; tHardi1 lap and shake siding;
wood timber truss gable elements.
Hill's Century Farm Coanmereial — MDA, PP H-2016-0092 PAGE 19
EXHIBIT A
Hilt's Celltary FarM C.OIYUDCrGiBl — MDA, PP H-2016-0092 PAGE 20
EXHIBIT A
B, Agency & Department Comments
1. PLANNING DIVISION
1.1 Site Specific Conditions of Approval
I.1.1 The preliminary plat included in Exhibit A.2, dated 7/14/16, shall be revised as follows:
a. r elude the western 171.42 foot Nvide too zened afea depieted withi,, Par -eel - en —+ie--ard-of
Q,,.,.o,./4111121 G1 . ,:+t,:., the t, ,,, Ate, f +t,o plat.
nmw "—vc .
i=c-We-a •eet buff ,. with;,, . „en letlengg. Tavi&tAEI� set f
in TJD(3 11 2B 3 an the R 8 zoned -Tp n of the site, The buffer is required to
e�taintined lay t13e
u..,,,oe,,.neF's As . ete tet, ,,t t 1, air t on the plat . ,,.. ;ng, '_
e=—Remove-A-he-aeeess driveways depieted via E. Amity Road and S. Hillsdale Avenue unkess a waivef
is 1 by r;+„ Council to listed :• C- 11 3A--3tt waive �illDC -jyac
a11)T" Led by t � Council foi- a drr'vaw access via E. Arni Road and . T�—Ayea-M-e
d. A cross-access/ingress-egress easement shall be granted between lots in the proposed subdivision in
accord with UDC I 1-3A-3.
e. Include the 2 common area lots in the Development Data table.
1.1,2 The landscape plan included in Exhibit A.3, dated 7/14/16, shall be revised as follows:
a. inelude- 44he--ar-ea shown within Pamel 2 an the Reeefd I Sunzeyr-eearded as #10245 within the
beundaiy of e site . requifed ;, eon4isgo>:r-#' .1r z iu--apfl
n—.' �r
X14 3A 3, to UL}C 11-3A-3 was
etprlov City Council ora ii ,etvcr a cess via E Anti Riad ander. illsdale�tv�.
c. No trees are allowed within the portion of the street buffer along S. Hillsdale Avenue that contains
the easement for the Cunningham Lateral. The applicant shall submit an application for alternative
compliance to UDC 11 -3B -7C.3 as set forth in UDC 11-513-5.
d. Include a street buffer along S. Tavistock Ave. as set forth in UDC Table 11-2B-3 per the standards
listed in UDC 11 -3B -7C.
1.1.3 Construct S.Tavistook Ave. as a complete street section within this site with a stub to the adjacent
property to the south.
1.1.4 The existing structures on the site shall be removed prior to signature on the final plat by the City
Engineer for the phase in which they are located.
1.1.5 The developer shall construct all proposed fencing and/or any fencing required by the UDC, consistent
with the standards as set forth in UDC 11-3A-7 and I 1 3A -6B.
1.2 General Conditions of Approval
1.2.1 Comply with all bulk, use, and development standards of the C -N zoning district listed in UDC Table
I 1-2B-3.
1,2.2 Comply with all provisions of 11-3A-3 with regard to access to streets. tvilaiver to UDC 11-3A-3 wad
droved by City t~�urr Mir a driveway acces is E Airaitt� Road and S. Flillsdale Ave�:ue.
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 11-3A-6.
Hill's Century Farnt Commercial - MDA, PP H'-2014-0092 , PAQE 21
EXHIBIT A
1.2.5 Provide a pressurized irrigation system consistent with the standards as set forth in UDC l 1-3A-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.
1.23 Install all utilities consistent with the standards as set forth in UDC I 1-3A-21 and 11-313-51
1.2.8 Construct all off-street parking areas consistent with the standards as set forth in UDC 11-3C-6 for non-
residential uses.
1.2.9 Construct the required landscape buffers consistent with the standards as set forth in UDC 11-313-7C.
1.2.10 Construct storm water integration facilities that meet the standards asset forth in UDC 11-313-1 IC,
1.2.11 Construct all parkways consistent with the standards asset forth in UDC 11 -3A -17E, 11-30-3135 and 1 I-
313 -7C.
1.2.12 Comply with all subdivision design and improvement standards asset 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 asset forth in UDC 11-313-10,
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 11-313-6 and to install and maintain all landscaping as set forth in UDC 11-
3B-5, UDC 11-313-13 and UDC 11-313-14.
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-31" 1.
13.3 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 I1 -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.
Hitl's Century Farm Commercial — MDA, PP H-2016-0092 PAGE 22
EXMBXT A
1.4.4 The applicant shall obtain approval for all successive phases of the preliminary plat within two years of
the signature of the City Engineer on the previous final plat as set forth in UDC 11 -6B -7B (if
applicable).
1.4.5 The preliminary plat approval shall be null and void if the applicant fails to either 1) obtain the City
Engineer signature on a final plat within two years; or, 2) gain approval of a time extension as set forth
in UDC 11-68-7,
1.4.6 Upon installation of the landscaping and prior to inspection by Planning Division staff, the applicant
shall provide a written certificate of completion as set forth in UDC 11 -3B -14A.
2. PUBLIC WORKS DEPARTMENT
2.1 Site Specific Conditions of Approval
2.1.1 Applicant shall be responsible for the extension of sanitary sewer and water mains to provide service,
including, but not limited to a 12 -inch water mainline across the development frontage in E. Amity Road
per MCC 9-1 -1IB.
2.1.2 A street light plan will need to be included in the final plat application. Street light plan requirements
are listed in section 6-7 of the City's Design Standards. A copy of the standards can be found at
http://www.meridiancity.org/publie—works.aspx?id=272
2.2 General Conditions of Approval
2.2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department,
and execute standard forms of easements for any mains that are required to provide service outside of a
public right-of-way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub -
grade is less than three feet than alternate materials shall be used in conformance of City of Meridian
Public Works Departments Standard Specifications.
2.2.2 Per Meridian City Code (MCC), the applicant shall be responsible to install sewer and water mains to
and through this development. Applicant may be eligible for a reimbursement agreement for
infrastructure enhancement per MCC 8-6-5.
2.2.3 The applicant shall provide 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 -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 forrn 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 1 I" 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 developmnnt plan apps:oval signature of
the final plat by the City Engineer.
2.2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of
water (MCC 9-1-28C1). The applicant should be required to use any existing surface or well water for
the primary source. If a surface or well source is not available, a single -point connection to the culinary
water system shall be required. If a single -point connection is utilized, the developer will be responsible
for the payment of assessments for the common areas prior to prior to receiving development plan
approval.
2.2.5 All existing structuresiw thin the bopu&Loff the alat carright-tai wa that are required to be removed shall
be prior to signature on the final plat by the City Engineer.
Hill's Century Farm Commercial — MDA, PP H-2016-0092 PAGE 23
EXHIBIT 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 11-3A-6. In
performing such work, the applicant shall comply with Idaho Code 42-1207 and any other applicable
Iaw 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
(208)334-2190.
2.2.8 Any existing septic systems within this project shall be removed from service per City Ordinance
Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections
(� (2{-,0. 8)375-5211.
2.2.7 S#eet signs are to L e in plar{�.,
iiis�alled, drainage lots eanstnieted, read ase appys--ved by the Ada County Highway Distriet an
Final Plat for- this subdivision shall 1-,e r -e fid, piie - to applying f r building nn,.,. apo pef its
crxrrcTa
irr1 9��m_er�t i ateife�nafeiy a health Thal] be ML_ I fie prior to occupancy Qf the
structure s• Where approved b the ity l n_gineer, an owner ma_y qc t ager rnan e__auL fpr�u�h
iipprucapents in oder tonin' , n 'Meer Signore on the fin -ad p tis set forth in MC t IC-3B,
2.2.10 A letter of credit or cash surety in the amount of 110% will be required for a]I uncompleted fencing,
landscaping, amenities, etc., prior to signature on the final plat.
2.2.11 A41-develepmeirt-im , ' ekudilkg-l3ut r et 1i33}ited-to sem r
d, Qr »ice
eef i fie tes o ^eeupatn In the _eyenttat a>a =licant alp /ortwner I not CQr_rlplete non -lie non -safety
and nui -health imp►�velnent , pri rQ to amity Eng n_ee_� _.sigl�attire�t n tl�e final plat and/or prior to
ocGU_ pancy,_a_juremeagre_e_n�ent_may_be_rmY-cd iu fart i inJUD-3_C.
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 11-1--4B.
2.2,17 Compaction test results shall be submitted to the Meridian Building Department for all building pads
receiving engineered backfill, where footing would sit atop fill material.
2.2.18 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3 -feet
above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of
the crawl spaces of homes is at least I -foot above.
2.2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage
facility within this project that do not fall under the jurisdiction of an irrigation district or 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.
Hill's Centttiry Farm Commercial —MDA, PP H-2016-0092 PAGE 24
2.2.20 At the completion of the project, the applicant shall be responsible to submit record drawings per the
City of Meridian AutoCAD standards. These record drawings must be received and approved prior to
dle issuance of a certification of occupancy for any structures within the project.
2.2.21 100 Watt and 250 Watt, high-pressure sodium street lights shall be required on all public roadways per
the City of Meridian Improvement Standards for Street Lighting. All street lights shall be installed at
developer's expense. Final design shall be submitted as part of the development pian set for approval,
which must include the location of any existing street lights. Street light plan requirements are Iisted 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.nieridiancity.org/public_works.aspx?id=272. The contractor's work and materials shall
conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC.
2.2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount of
125% of the total construction cost for all incomplete sewer, water and reuse infrastructure prior to final
plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City.
The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant
must file an application for surety, which can be found on the Community Development Department
website. Please contact Land Development Service for more information at 887-2211.
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.
I POLICE DEPARTMENT
3.1 The Police Department has no comments on this application.
4. PIRI✓ DEPARTMENT
4.1 The Fire Department has no comments related to this application.
5. REPUBLIC SERVICES
5.1 Republic Services has no comments related to this application.
6. PARKS DEPARTMENT
6.1 On -street parking shall be provided on the south side of the street (B. Hill Park St.) adjacent to the park.
7. ADA COUNTY HIGHWAY DISTRICT
7.1 Site Specific Conditions of Approval
7.1.1 Dedicate 37 -feet of right-of-way from the centerline of Amity Road abutting the site's west property line
tapering to 49 -feet at the Howry Lane/Hillsdale Avenue intersection.
7.1.2 Widen the pavement on Amity Road to 17 -feet from centerline, tapering to 24 -feet to provide a
dedicated right turn lane at the Howry Lane/Hillsdale Avenue intersection abutting the site.
7.1.3 Construct a 5 -foot wide detached concrete sidewalk located 31 -feet from the centerline of Amity Road at
the west property line tapering to 42-fect from centerline at the Howry Lane/Hillsdale Avenue
intersection abutting the site. Provide a permanent right-of-way easement or any portion of the sidewalk
located outside of the dedicated right-of-way.
Hill's Century Farm Commercial —MDA, PP'H=2016-0092 PAGE 25
EXHIBIT A
7.1.4 Coordinate with the West Ada School District and other area property owners to acquire the right-of-way
necessary to construct the center left turn lane on Amity Road,
7.1.5 Construct a center left turn lane on Amity Road at the Howry Lane/Hillsdale Avenue intersection.
7.1.6 Construct a dedicated right turn lane on Amity Road at the Howry Lane/Hillsdale Avenue intersection,
as proposed.
7.1.7 Dedicate additional right-of-way at for Howry Lane/Hillsdale Avenue at Amity Road to allow for the
future construction of a single lane roundabout at the Howry Lane/Hillsdale Avenue/Amity Road
intersection, as shown on page 6. This includes the existing 20 -foot wide private road easement for
Howry Lane.
7.1.8 South of the influence area of the roundabout dedicate 38.5 feet of right-of-way for Howry
Lane/Hillsdale Avenue abutting the site. This includes the existing 20 -foot wide private road easement
for Howry Lane,
7.1.9 The existing 20 -foot wide private road easement for Howry Lane, shall be dedicated as right-of-way
prior to plans acceptance and ACHD's signature on the first final plat.
7.1.10 If the applicant is unable to coordinate the dedication of the existing 20 -foot wide private road easement
for Howry Lane, as right-of-way, then the road will need to be to be shifted to the west. If the roadway
does need to be shifted to the west, then submit a revised preliminary plat to ACHD for review and
approval.
7.1.11 Construct Howry Lane/Hillsdale Avenue as Avenue as half of a 36 -foot residential collector street
section plus 12 -feet of pavement to total 30 -feet, with vertical curb, gutter, an 6 -foot wide planter strip
and 8 -foot wide detached concrete sidewalk abutting the site and a gravel shoulder and barrow ditch on
the opposite side of the roadway, as proposed. Provide a permanent right-of-way easement for the
detached concrete sidewalks located outside of the right-of-way. If street trees are desired, widen the
planter strip to a minimum width of 8 -feet.
7.1.12 Construct a dedicated left tuns lane on Howry Lane/Hillsdale Avenue at the Amity Road intersection to
as recommend in the Hillsdale Elementary & YMCA Master Plan TIS. Coordinate the design of the
intersection (one entry/receiving lane, and simultaneous left and right turns onto Amity Road with
District Planning Review staff.
7.1.13 Coordinate with the YMCA and SRS AZ Investors, LLC to dedicate the right -of way necessary to
accommodate the construction of Howry Lane/Hillsdale Avenue abutting the YMCA parcel.
7.1.14 If the applicant is able to coordinate with the YMCA and SRS AZ Investors, LLC to dedicate the right-
of-way
ight-
of way necessary for the construction of Howry Lane/Hillsdale Avenue ACHD is willing to pay for the
construction of the half street abutting the YMCA site as part of a cooperative development agreement
(CDA) with the YMCA and SRS AZ Investors, LLC. The CDA would note that ACHD would front the
design and construction costs associated with constructing Howry Lane/Hillsdale Avenue abutting the
YMCA parcel to complete the street and that the YMCA and SRS AZ Investors, LLC would reimburse
ACHD for their proportional share of the roadway design and construction when ACHD receives
development applications for those sites.
7.1.15 If the applicant is able to coordinate the right-of-way dedication to allow for Howry Lane/Hillsdale
Avenue to be constructed abutting the YMCA site, then the applicant should enter into a CDA with
ACHD for the construction of the roadway. The CDA would note that the applicant would design and
build Howey Lane from its current terminus north to Amity Road as %2 of a residential collector
roadway, and that ACHD will reimburse the applicant for the design and construction of the portion of
the roadway abutting the YMCA site.
Dill's Century Farm Commercial — MAA, PP H-2016-0092 PAGE 26
EXHIBIT A
7.1.16 Prior to ACHD's signature on the first final plat provide a road trust deposit in the amount of $ 15,000 for
the roundabout at the Amity Road/Howry Lane -Hillsdale Avenue intersection.
7.1.I7 Construct Hill Park Street as a 36 -foot street commercial street section with vertical curb, gutter, an 8 -
foot wide planter strip, and 5 -foot wide detached concrete sidewalks within 63 -feet of riglit-of way, as
proposed. The sheet section may be reduced to 33 to 34 -feet with fire department approval.
7.1.18 Construct Tavistock Avenue as half of a 36 -foot street section plus 12 -feet of pavement to total 30 -feet,
with vertical curb, glitter, an 8 -foot wide planter strip and 5 -foot wide detached concrete sidewalk
abutting the site and a gravel shoulder and barrow ditch on the opposite side of the roadway within 63 -
feet of right-of-way, as proposed.
7.1.19 Construct 2 public streets onto Amity Road, as proposed. Travistock Avenue located `/a mile east of
Eagle Road and Howry Lane/Hillsdale Avenue located `/z mile east of Eagle Road.
7.1.20 Construct one to the south, Travistock Avenue, located at the site's southwest property line. Install sign
terminus of Travistock Avenue stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE."
7.1.21 If Howry Lane/Hillsdale Avenue is not constructed abutting the YMCA site, construct one stab street to
the south, Howry Lane/Hillsdale Avenue, located at the site's southeast property line. Install a sign at the
terminus of Howry Lane/Hillsdale Avenue stating that "THIS IS A DESIGNATED COLLECTOR
ROADWAY. THIS STREET WILL BE EXTENDED AND WIDENDED IN THE FUTURE."
7.1.22 Construct one 36 -foot wide full access driveway onto Amity Road located 575 -feet east of Travistock
Avenue and 575 -feet west of Howry Lane/Hillsdale Avenue, as proposed. Pave the driveway it's full
width at least 30 -feet into the site beyond the edge of pavement of Amity Road.
7.1.23 Construct one 36 -foot wide Rill access driveway onto Howry Lane/Hillsdale Avenue located 405 -feet
south of Amity Road and 300 -feet north of Park Hill Street, as proposed. Pave the driveway it's full
width at least 30 -feet into the site beyond the edge of pavement of Howry Lane/Hillsdale Avenue
abutting the site.
7.1.24 Construct four 36 -foot wide driveways onto Park Hill Street. The driveways are to align centerline to
centerline and are located 210 and 635 -feet west of Howry Lane/Hillsdale Avenue. Pave all four
driveways their full width at least 30 -feet into the site beyond the edge of pavement of Park Hill Street,
7.1.25 Direct lot access is prohibited to Amity Road and Howry Lane/Hillsdale Avenue and shall be noted on
the final plat.
7.1.26 Payment of impacts fees are due prior to issuance of a building permit.
7.1.27 Comply with all Standard Conditions of Approval.
7.2 Standard conditions of approval
7.2.1 All irrigation facilities shall be relocated outside of the ACHD right -of way.Private Utilities
including sewer or water systems are prohibited from being located within the ACHD right-of-
way.
7.2.2 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 con, ipliance to District Development Review staff for review.
7.2.3 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.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.
Hill's Century Farm Commercial -- MDA, PP H-2016-0092 PAGE 27
EXHIBIT A
7.2.4 All utility relocation costs associated with improving street frontages abutting the site shall be
borne by the developer.
7.2.5 It is the responsibility of the applicant to verify all existing utilities within the right -of way. The
applicant at no cost to ACRD 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 ACRD 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.
7.2.6 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.
7.2.7 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.
7.2.8 Construction, use and property development shall be in conformance with all applicable
requirements of ACHD prior to District approval for occupancy.
7.2.9 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 confinnation of
any change from ACHD.
7.2.10 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.
Hill's Century Farm Commercial — MDA, PP H-2016-0092 PAGE 28
C. Required Findings from Unified Development Code
1. 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 transportation and circulation. Please see Comprehensive
Plan Policies and Goals, Section VII, of the Staff Report for more injbrmalion.
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 inforrmation from public service
providers)
c. The plat is in conformance with scheduled public improvements in accord with the
City's capital improvement program;
Because City water and sewer and any other utilities will be provided by the 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;
The City Council finds there is public financial capability of supporting services for the
proposed development based upon comments from the public service providers (i.e., Police,
Fire, ACRD, etc.). (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. ACRD considers 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.
Hill's Century Farm Corranercial — MDA, PP H-2016-0092 PAGE 29