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Tree Farm Subdivision H-2016-0128ADA COUNTY RECORDER Christopher D. Rich 2017-035132 BOISE IDAHO Pgs=50 BONNIE OBERBILLIG 04/21/2017 01:53 PM CITY OF MERIDIAN, IDAHO NO FEE DEVELOPMENT AGREEMENT PARTIES; 1. City of Meridian 2. Drew Eggers, Owner 3. M3 Companies, LLC, Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this day of A P r i L , 2017, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called CITY whose address is 33 E. Broadway Avenue, Meridian, Idaho 83642 and Drew Eggers, whose address is 2256 W. Waggle Place, Meridian, Idaho 83646, hereinafter called OWNER and M3 Companies, LLC, whose address is 1087 W. River Sheet, Suite 310, Boise, Idaho 83702, hereinafter called DEVELOPER, 1. RECITALS; 1.1 WHEREAS, Owner is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A", which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property; and 1.2 WHEREAS, Idaho Code § 67-651 IA provides that cities may, by ordinance, require or permit as a condition of zoning that the Owners and/or Developer make a written commitment concerningthe use or development ofthe subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section 11-513-3 of the Unified Development Code ("UDC"), which authorizes development agreements upon the annexation and/or re -zoning of land; and 1.4 WHEREAS, Owner and/or Developer has submitted an application for the re -zoning of approximately 59.94 acres of land from the R-2 (Low Density Residential), R-8 (Medium Density Residential, R-15 (Medium High Density Residential), and CC (Community Business) zoning districts in Ada County to R-4 (Medium Low Density Residential)(44.25 acres) and R-8 (Medium Density Residential)(15.69 acres) zoning districts (as described in Exhibit "A!'), under the Unified Development Code, which generally describes how the Property will be developed and what improvements will be made; and 1.5 WHEREAS, Owner and/or Developer made representations at the public hearings both before the Meridian Planning & Zoning Commission and DEVELOPMENT AGREEMENT —`I REE FARM SUBDIVISION (H-2016-0128 PAGE 1 OF 8 before the Meridian City Council, as to how the Property will be developed and what improvements will be made; and 1.6 WHEREAS, the record of the proceedings for the requested preliminary plat on the Property held before the Planning & Zoning Commission, and subsequently before the City Council, includes responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and includes further testimony and comment; and 1.7 WHEREAS, on the 21' day of February, 2017, the Meridian City Council approved certain Findings of Fact and Conclusions of Law and Decision and Order ("Findings"), which have been incorporated into this Agreement and attached as Exhibit "B"; and 1.8 WHEREAS, the Findings require the Owner and/or Developer to enter into a Development Agreement before the City Council takes final action on final plat; and 1.9 WHEREAS, the subject property described in Exhibit "A" is bound by a development agreement recorded as instrument #106151218. The subject property shall be removed from that agreement and bound by this new Agreement. 1.10 WHEREAS, Owner and/or Developer deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and request; and 1.11 WHEREAS, City requires the Owner and/or Developer to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this Agreement, herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure zoning designation are in accordance with the amended Comprehensive Plan of the City of Meridian on October 11, 2016, Resolution No. 16-1173, and the UDC, Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. DEVELOPMENT AGREEMENT -TREE FARM SUBDIVISION (H-2016-0128) PAGE 2 OF 8 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho 83642. 3.2 OWNER: means and refers to Drew Eggers, whose address is 2256 W. Waggle Place, Meridian, Idaho 83646, the party that owns said Property and shall include any subsequent owner(s) of the Property. 3.3 DEVELOPER: means and refers to M3 Companies, LLC, whose address is 1087 W. River Street, Suite 310, Boise, Idaho 83702, the party that is developing said Property and shall include any subsequent developer(s) of the Property. 3.4 PROPERTY: means and refers to that certain parcel(s) of Property located in the County of Ada, City of Meridian as described in Exhibit "A" describing the parcels to be re -zoned Medium Low Density Residential (R-4) and Medium Density Residential (R-8) zoning districts and attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right to develop the Property in accordance with the terms and conditions of this Agreement. 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under the UDC. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner and/or Developer shall develop the Property in accordance with the following special conditions: a. The applicant shall construct either N. Tree Farm Way (the off-site section as well as the proposed section included on this plat) or N. Black Cat Road with phase one of the development. b. Future development of this site shall be consistent with the preliminary plat, landscape plan and building elevations attached in Exhibit A of the staff report that is attached to the Findings of Fact and Conclusions of Law as Exhibit "B". c. The applicant shall comply with the submitted home elevations attached in the staff report that is attached to the Findings of Fact and Conclusions of Law as Exhibit `B". DEVELOPMENT AGREEMENT -TREE FARM SUBDIVISION (H-2016-0128) PAGE 3 OF 8 The rear and/or side of the structures that face N. Tree Farm Way and N. Black Cate Road shall incorporate articulation through changes in two or more of the following: modulation (e.g. —projections, recesses, step -backs, pop -outs), bays, banding, porches, balconies, material types or other integrated architectural elements to break up monotonous wall planes and roof lines that are visible from the subject public street. Single -story structures are exempt from this requirement. d. The applicant shall obtain alternative compliance approval for the amenities prior to approval of the final plat for the first phase. 6. COMPLIANCE PERIOD This Agreement must be fully executed within six (6) months after the date of the Findings for the annexation and zoning or it is null and void. 7. DEFAULT/CONSENT TO DE -ANNEXATION AND REVERSAL OF ZONING DESIGNATION: 7.1 Acts of Default. Either party's failure to faithfully comply with all of the terms and conditions included in this Agreement shall constitute default under this Agreement. 7.2 Notice and Cure Period. In the event of Owner and/or Developer's default of this Agreement, Owner and/or Developer shall have thirty (30) days from receipt of written notice from City to initiate commencement of action to correct the breach and cure the default, which action must be prosecuted with diligence and completed within one hundred eighty (180) days; provided, however, that in the case of any such default that cannot with diligence be cured within such one hundred eighty (180) day period, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 7.3 Remedies. In the event of default by Owner and/or Developer that is not cured after notice as described in Section 7.2, Owners and/or Developer shall be deemed to have consented to modification of this Agreement and de - annexation and reversal of the zoning designations described herein, solely against the offending portion of Property and upon City's compliance with all applicable laws, ordinances and rules, including any applicable provisions of Idaho Code §§ 67-6509 and 67-6511. Owner and/or Developer reserve all rights to contest whether a default has occurred. This Agreement shall be enforceable in the Fourth Judicial District Court in Ada County by either City or Owner and/or Developer, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 7.4 Delay. In the event the performance of any covenant to be performed hereunder by either Owner and/or Developer or City is delayed for causes that DEVELOPMENT AGREEMENT -TREE FARM SUBDIVISION (H-2016-0128) PAGE 4 OF 8 are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 7.5 Waiver. A waiver by City of any default by Owner and/or Developer of any one or more of the covenants or conditions hereof shall apply solely to the default and defaults waived and shall neither bar any other rights or remedies of City nor apply to any subsequent default of any such or other covenants and conditions. 8. INSPECTION: Owner and/or Developer shall, immediately upon completion of any portion or the entirety of said development of the Property as required by this Agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Agreement and all other ordinances of the City that apply to said Property. 9. REQUIREMENT FOR RECORDATION: City shall record this Agreement, including all of the Exhibits, and submit proof of such recording to Owner and/or Developer, prior to the third reading of the Meridian Zoning Ordinance in connection with the re -zoning of the Property by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby, the City shall execute and record an appropriate instrument of release of this Agreement. 10. ZONING: City shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. 11. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under the UDC, to insure the installation of required improvements, which the Owner and/or Developer agree to provide, if required by the City. 12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the City, or sufficient surety of performance is provided by Owner and/or Developer to the City in accordance with Paragraph 11 above. 13. ABIDE BY ALL CITY ORDINANCES: That Owner and/or Developer agree to abide by all ordinances of the City of Meridian unless otherwise provided by this Agreement. 14. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: DEVELOPMENT AGREEMENT - TREE FARM SUBDIVISION (H-2016-0128) PAGE 5 OF 8 CITY: City Clerk City of Meridian 33 E. Broadway Ave. Meridian, Idaho 83642 Drew Eggers 2256 W. Waggle Place Meridian, ID 83646 with copy to: City Attorney City of Meridian 33 E. Broadway Avenue Meridian, ID 83642 F-PINI•liCI7an M3 Companies, LLC 1087 W. River Street, Suite 310 Boise, ID 83702 14.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owner and/or Developer, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owner and/or Developer, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined that Owner and/or Developer have fully performed their obligations under this Agreement. 18. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided, eachparty shall act reasonably in giving any consent, approval, or taking any other action under this Agreement. DEVELOPMENT AGREEMENT -TREE FARM SUBDIVISION (H-2016-0128 PAGE 6 OF 8 20. COOPERATION OF THE PARTIES: In the event of any legal or equitable action or other proceeding instituted by any third panty (including a governmental entity or official) challenging the validity of any, provision in this Agreement, the parties agree to cooperate in defending such action or proceeding. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owner and/or Developer and City relative to the subj ect matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owner and/or Developer and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. 21.1 No condition governing the uses and/or conditions governing re -zoning of the subject Property herein provided for can be modified or amended without the approval 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. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. [end of text; signatures, acknowledgements, and Exhibits A and B follow] ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER: DEVELOPER: M3 Companies, LLC Drew Eggers CITY OF Mayorde Weer DEVELOPMENT AGREEMENT—TREEF)2 SUEDNS[DN(H; By: Printed Name: 6 Its: Qwap r \l 0 City Clerk 28) PAGE 7 OF 8 STATE OF IDAHO ) ss: County of Ada, ) On this day of , 2017, before me, the undersigned, a Notary Public in and for said State, personally appeared Drew Eggers, known or identified to me to be the person who signed above, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written, (SEAL) STATE OF IDAHO ) Notary Public for Idaho Residing at: My Commission Expires: ss: County of Ada, ) On this �O day of 2017, before me, the undersigned, a Notary Public in and for said State, personally appeared ] I j i an, I gvvt stN_f ,C- , known or identified tome to be the DGcW/V e e -- of M3 Companies, LLC, and acknowledged to me that he executed the same on behalf of said Corporation, /�V �I�NE�`.WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this 64iflAe,-firstpbovqW.rit n. ,(SEAL) Notary Public f r I aho • {, `X Residing at: �GCt t I l�)? ` My Commission Expires: a a STATE OF IDAHO ) ss County of Ada ) On this day of 4 , 2017, before me, a Notary Public, personally appeared Tammy de Weerd and C.Jay Coles, k ow or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same, IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first 0 , (SEAL) rCet Notary Public for aho %n Residing at: , Commission expires: 9 b ®,2690 DEVELOPMENT AGREEMENT -TREE FARM SUBDIVISION (H-2016-0128) PAGE 8 Or, 8 20, COOPERATION OF THE PARTIES: In the event of any legal or equitable action or other proceeding instituted by any third party (including a governmental entity or official) challenging the validity of any provision in this Agreement, the parties agree to cooperate in defending such action or proceeding. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owner and/or Developer and City relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owner and/or Developer and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. 21,1 No condition governing the uses and/or conditions governing re -zoning of the subject Property herein provided for can be modified or amended without the approval 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. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk, [end of text; signatures, acknowledgements, and Exhibits A and B follow] ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER: DEVELOPER: M3 Companies, LLC Drew Eggers Printed e;__ Its; ATTE CITY OF MERIDIAN By: ° °/ Mayor Tammy de Weerd C, y Col , City Clerk DEVELOPMENT AGREEMENT — TREE FARM SuBDMsION (H-2016-0128) PAGE 7 OF 8 STATE OF IDAHO ss: County of Ada, On this 16 day of & ri' 2017, before me, the undersigned, a Notary Public in and for said State, personally appeared Drew Eggers, known or identified to me to be the person who signed above, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my and and affixed my offic' seal the day and year in this certificate first above written. r (SRTIN McDONALD NOTARY PUBLIC STATE OF IDAHO STATE OF IDAHO ) ss: County of Ada, ) Idaho Residing at: f -3r i - t -'T:Q My Commission Expires: X1-1 ' On this day of , 2017, before me, the undersigned, a Notary Public in and for said State, personally appeared , known or identified to me to be the of M3 Companies, LLC, and acknowledged to me that he executed the same on behalf of said Corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) STATE OF IDAHO ) ss County of Ada ) Notary Public for Idaho Residing at: My Commission Expires: On this day of 2017, before me, a Notary Public, personally appeared Tammy de Weerd and C.Jay Coles, kdow or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. , Notary Public for I aho Residing at: �. Commission expires: - TREE FARM SUBDIVISION (H-2016-0128) PAGE 8 of 8 CJU THE ATCWAY IB1-U-8 COMPANIES onoua°N NAC P N° J -U -B ENGINEERS, INC. iii Tree Farm Subdivision -Medium Density Residential (118) Boundary Description Project Number 10-16-077 November 15, 2016 A parcel of land situated with the West 1/2 of the Southwest 1/4 of Section 22, Township 4 North, Range 1 West of the Boise Meridian, City of Meridian, Ada County, Idaho and more particularly described as follows: Commencing at an aluminum cap marking the southeast corner of the Southwest 1/4 of said Section 22; Thence North 89017'18" West, 2,647.24 feet to a found aluminum cap marking the southwest corner of said Section 22; Thence along the west boundary of said Section 22, North 00930'42" East, 1560.64 feet to the POINT OF BEGINNING; Thence continuing along said west boundary, North 00°30'42" East, 703.26 feet Thence leaving said west boundary, South 89°45'19" East, 295,43 feet; Thence South 32°18'57" East, 126.56 feet; Thence South 0802'28" East, 65.48 feet; Thence South 00°01'52" West, 64.53 feet; Thence South 20°43'04" West, 120.77 feet; Thence South 04040'09" East, 47.03 feet; Thence South 07°37'36" East, 60.91 feet; ANO Gam.. Page 1 of 3 a 250 SOUTH Beechwood Avenue, Suite 201, Boise 10 83709 p 208-376-7330 f 208-323-9336 w www,jub.com (rJ-UjB ,v, J -U•6 ENGINEERS, INC. Thence South 10"33'55" East, 48.10 feet; Thence South 15°58'08" East, 49.53 feet; Thence North 74°01'52" East, 155.05 feet; 1 U I1 COMP. 11IILS I LGATEY ANGOON MAPPING GROUP ti • i INC. Thence 19.86 feet southerly along the arc of a non -tangent curve to the left having a radius of 120.00 feet, a central angle of 09°28'54", and a long chord which bears South 10°41'59" East, 19.84 feet; Thence 344.77 feet southerly along the arc of a reverse curve to the right having a radius of 2,017.00 feet, a central angle of 09°4737", and a long chord which bears South 10032'37" East, 344.35 feet; Thence 45.90 feet southeasterly along the arc of reverse curve to the left having a radius of 45.00 feet, a central angle of 58"26'13", and a long chord which bears South 34051'55" East, 43.93 feet; Thence 115.39 feet easterly along the arc of compound curve to the left having a radius of 473.27 feet, a central angle of 13°58'12", and a long chord which bears South 71°04'08" East, 115.11 feet; Thence South 78°03'14" East, 56.46 feet; Thence South 19°56'46" West, 537.79 feet; Thence 118.25 feet westerly along the arc of a non -tangent curve to the right having a radius point of 800.00 feet, a central angle of 08`28'10", and a long chord which bears North 69°20'25" West, 1.18.15 feet; Thence North 65°0621" West, 221.65 feet; dNA� LA T�q M 0 11779 s Page 2 of 3 - a 250 SOUTH Beechwood Avenue, Suite 201, Boise, ID 83709 p 208-376-7330 f 208-323-9336 w www.jub.com (rJ-U ��B-h 1•U B COMPANIES o"AaP0N I; M'APTINAG J-U•S ENGINEERS, INC. Thence 163.86 feet northwesterly along the arc of a curve to the left having a radius of 750.00 feet, a central angle of 12°31'06", and a long chord which bears North 71°21'53" West, 163.54 feet; Thence North 77°37'13" West, 61.49 feet; Thence 4353 feet northerly along the arc of a non -tangent curve to the left, having a radius of 1,500.00 feet, a central angle of 01039'45", and a long chord which bears North 06°32'40" East, 43.52; Thence 32.56 feet westerly along the arc of a non -tangent curve to the left having a radius of 960.00 feet, a central angle of 1°56'37", and a long chord which bears North 73043'19" West, 3256 feet; Thence 506.64 feet northerly along the arc of a non -tangent curve to the left having a radius of 1,468.00 feet, a central angle of 19°46'26", and a long chord which bears North 04°24'25" West, 504.13 feet to the POINT OF BEGINNING. Said parcel contains 683,631 square feet or 15.69 acres, more or less End Description. 10_% I - I J 779 0 Page 3 of 3 250 SOUTH Beechwood Avenue Suite 201, Boise, ID 83709 p 208-376-7330 f 208-323-9336 w www.jub.com I 0 300 600 Scale in Feet Curve Table Curve # Length Radius Delta Chord Bearing Chord Length C1 19.86' 120.00' 9'28'54° S10'41'59"E 19.84' C2 344.77' 2017.00' 9'47'37" S1932'37"E 344,35' C3 45.90' 45.00' 58'26'13" S34'51'55"E 43.93' C4 115,39' 473.27' 13'58'12" S71'04'08"E 115.11' C5 118.25' 800.00' 8'28'10" N69'20'25"W 118.15' C6 163.86' 750.00' 12'31'06" N71'21'53"W 163.54' C7 32.56' 960.00' 1'56'37" N73'43'19"W 32.56' C8 43.53' 1500.00' 1'39'45" N06'32'40"E 43.52' C9 506.64' 1468.00' 19'46'26" N04'24'25"W 504.13' ('C., Q �- 11779 J' �l ti�r0 0O . Of MD Line Table Line # Direction Length L1 S32'18'57"E 126.56' L2 SOW02'28"E 65.48' L3 SOU01'52"W 64.53' L4 S20 -43'04"W 120.77' L5 SO4'40'09"E 47.03' L6 S07'37'36"E 60.91' L7 S10'33'55"E 48.10' L8 S15'58'08"E 49.53' L9 N74'01'52"E 155.05' L10 S78'03'1 4"E 56.46' 1-11 N77'37'13"W 61.49' OUB I 1-W8 ENGINEERS, INC. Cprai PM���� `S89`45' 19 "E 295.43' - L2 �i L3 0 N L5 �~ L6 �t o L7`_` L9 C1 0 r a z1 1 n ,POB Medium Density Residential R-8 Located In the West Half of the Southwest Quarter of 1 Section 22, Township 4 North, Range 1 West, SM, i C3 Cyt I, c`ro t L10 of r u7 C7 uj C8 `a CO to) C� jt/ C S 01 Lot 2, Puma Sub, 21 22 22 2647.24' 2t 27 N, 28 27 W. Chinden Blvd. (U.S. Highway 20/26) Tree Farm Subdivision SHEET Medium Density Residential R-8 Located In the West Half of the Southwest Quarter of 1 Section 22, Township 4 North, Range 1 West, SM, ATEAY r r�B)h 1 U ©COMPANIESQRN��paN ;; HAT rw"o J-U•B ENOIN6ERS, INC. Tree Farm Subdivision -Medium -Low Density Residential (114) Boundary Description Project Number 10-16-077 November 2, 2016 A parcel of land situated in the West 1/2 of the Southwest 1/4 and the Southwest 1/4 of the Northwest 1/4 of Section 22, Township 4 North, Range 1 West of the Boise Meridian, City of Meridian, Ada County, Idaho and more particularly described as follows: Commencing at an aluminum cap marking the southeast corner of the Southwest 1/4 of said Section 22; Thence North 89°17'18" West, 2,647.24 feet to a found aluminum cap marking the southwest corner of said Section 22; Thence along the west boundary of said Section 22, North 00°30'42" East, 2263.89 feet to the POINT OF BEGINNING; Thence continuing along said west boundary, North 00030'42" East 348.72 feet to the southerly right-of-way line of the Phyllis Canal as shown on Record of Survey 7900, recorded as Instrument No. 107067669, records of Ada County, Idaho; Thence along said southerly right-of-way line the following nine courses and distances: North 65°15'13" East, 174.26 feet, North 71021'04" East, 300.98 feet; North 74°33'18" East, 164.83 feet; North 75°4929" East, 79.69 feet; North 81°10'02" East, 156.99 feet; �6AIp VtA 11779 Page 3 of 3 a 250 SOUTH Beechwood Avenue, Suite 201, Boise 10 83709 p 208-376-7330 f 208.323.9336 w www.jub.corn (eJ• r B,'k J•U•R ENGINEERS, INC. North 80°3632" East, 317.18 feet; North 79°11'07" East, 128.36 feet; North 79°30'38" East, 40,23 feet; THEj GATEWAY J U• B COMPANIES4 I CROUP N I MACPPINO North 76033121" East, 13.91 feet to the east boundary of the Southwest 1/4 of the Northwest 1/4 of said Section 22; Thence South 00030'32" West, 338.90 feet to the northeast corner of the West 1/2 of the Southwest 1/4 of said Section 22; Thence along the east boundary of the West 1/2 of the Southwest 1/4 of said Section 22, South 00°30'49" West, 1851.43 feet; Thence 458.56 feet westerly along the arc of a non -tangent curve to the right having a radius of 906.04 feet, a central angle of 28059'53", and a long chord which bears South 87"2649" West, 453.68 feet; Thence North 78°03'14" West, 215.76 feet; Thence 62.54 feet westerly along the arc of a curve to the right having a radius of 800.00 feet, a central angle of 04°2844'; and a long chord which bears North 75948'52" West, 62.52 feet; Thence North 19°56'46" East, 537.79 feet; Thence North 78003'14" West, 56.46 feet; Thence 115.39 feet westerly along the arc of curve to the right having a radius of 473.27 feet, a central angle of 13058'12'; and a long chord which bears North 71"04'08" West, 115.11 feet; Thence 45.90 feet northwesterly along the arc of a compound curve to the right having a radius of 45.00 feet, a central angle of 58°26'13", and a long chord which bears North 34°51'55" West, 43.93 feet; Ak.LAAYQ 11779 1_1 l Ito '� 04 0VF �M, 1ecCA Page 2 of 3 a 250 SOUTH Beechwood Avenue, Suite 201, Boise, ID 83709 p 208-376-7330 , j' 208-37.3-9336 tiv wwwjub.com CJ« « J -U B COMPANIES 'LA6. b1APP NO CROUP I INC. J-U•B ENGINEERS, INC. Thence 344.77 feet northerly along the arc a reverse curve to the left having a radius of 2,017.00 feet, a central angle of 09°47'37"; and a long chord which bears North 10°32'37" West, 344.35 feet; Thence 19.86 feet northerly along the arc of a reverse curve to the right having a radius of 120.00 feet, a central angle of 09°28'54", and a long chord which bears North 10°41'59" West, 19.84 feet; Thence South 74°01'52" West, 155.05 feet; Thence North 15058'08" West, 49.53 feet; Thence North 10"33'55" West, 48.10 feet; Thence North 07°37'36" West, 60.91 feet; Thence North 04040'09" West, 47.03 feet; Thence North 20043'04" East, 120.77 feet; Thence North 00°01'52" East, 64.53 feet; Thence North 08°02'28" West, 65.48 feet; Thence North 32°18'57" West, 126.56 feet; Thence North 89045'19" West, 295.43 feet to the POINT OF BEGINNING. Said parcel contains 1,927,625 square feet or 44.25 acres, more or less. End Description. rt', 11779 11 Page 3 of 3 u 250 SOUTH Beechwood Avenue, Suite 201, Boise, ID 83709 p 208-376-7330 i 208-323-9336 w www.jub.com W N 0 400 800 ro a c6' O M Z Scale in Feet Line Table Line # Direction Length Ll N65'1 5' 1 YE 174.26' L2 N743,3'1 8"E 164,83' L3 N75'49'29"E 79.69' L4 N81' 10'02"E 156.99' L5 N79' 11'07"E 128.36' L6 N79'30'38"E 40.23' L7 N76'33'21 "E 13.91' L8 N78'03' 14"W 215.75' L9 N78'03'1 4"W 56.46' L10 S74'01'52"W 155.05' Ll1 N15'58'08"W 49,53' L12 N 10'33'55"W 48.10' L13 N07'37'36"W 60.91' L14 N04'40'09"W 47.03' L15 N20'43'04 "E 120.77' L15 N00'01'52"E 64.53' L17 N08'02'28"W 65,48' L18 N32'1 8'57"W 126.56' L19 N89'45'19"W 295.43' `17 79 e OF r:� phi\\\ `2,� L7 W. Chinden Blvd. (U.S. Highway 20/26) N89'17'18"W 2647.24' 22 27 Curve Table Curve # Length Radius Delta Chord Bearing Chord Length C1 458.56' 906.04' 28'59'53" S87'26'49"W 453.68' C2 62.54' 800.00' 4'28'44"� N75'48'52"W 62.52' C3 115.39' 473.27' 13'58'12" N71'04'08"W 115.11' C4 45.90' 45.00' 58'26' 13" N34'51'55"W 43.93' C5 344.77' 2017,00' 9'47'37" N10'32'37"W 344.35' C6 19.86' 120.00' 9.28'54" N10'41'59'W 19.84' � 744Fn°^ - fa. mon �.-- Tree Farm Subdivision SHEET In©EoelPlseNr,rrronu: 1 Y+v-"TouFtiui3ICOPPOMIMmool , riwi�.laleoa AAANOi41NIN1@IIUFYR01"ESSIOtUi 4CAV10E.8IIIF.PROYEAtY OP , Medium -Low Densi Residential R-4 J•VAWU THEFtPROJE T E4NUTIq UE U9EE"r. VIR tE0i1F'r911, UMYR: BY CAVI [nR ANY UFNCR PROJECT YATNUU1111:C%YItF.S3 YiNIf1 EN OEfJWj0Y.CItN AUfNUR7n1�ON OF JA,4 ENOINEERikt �1��REEnY Located In the W 112 of the SW 1/4 and the SW 1/4 of the NW 114 j r 1•UD ENGINEERS, INC. of Section 22, Township4 North, Range 1 West, B,M. l.Y1 IU,KftIYl OF:Sr:R4rl1lYl IIY II {MIF. IAnTUPUATEn 11/!17914 S J -U-13 COMPANIESOR OAYICWAY CJy H P H6 OP IHC.� J•U•e ENGINEERS, INC. Tree Farm Subdivision -Medium Density Residential (RS) Boundary Description Project: Number 10-16-077 November 15, 2016 A parcel of land situated with the West 1/2 of the Southwest 1/4 of Section 22, Township 4 North, Range 1 West of the Boise Meridian, City of Meridian, Ada County, Idaho and more particularly described as follows: Commencing at an aluminum cap marking the southeast corner of the Southwest 1/4 of said Section 22; Thence North 89'17'18" West, 2,647.24 feet to a found aluminum cap marking the southwest corner of said Section 22; Thence along the west boundary of said Section 22, North 00°30'42" East, 1560.64 feet to the POINT OF BEGINNING; Thence continuing along said west boundary, North 00°30'42" East, 703.26 feet Thence leaving said west boundary, South 89°45'19" East, 295.43 feet; Thence South 32°18'57" East, 126.56 feet; Thence South 0802'28" East, 65.48 feet; Thence South 00°01.'52" West, 64.53 feet; Thence South 20'43'04" West, 120.77 feet; Thence South 04'40'09" East, 47.03 feet; Thence South 07037'36" East, 60.91 feet; �?Np 11779 S Page 1 of 3 a 250 SOUTH Beechwood Avenue, Suite 201, Boise, ID 83709 p 208-376-7330 f 208-323-9336 w www.jub.com CJCJ-:B',% ,00 J•U•B ENGINEERS, INC, Thence South 3.0'33'55" East, 48.10 feet; Thence South 15°58'08" East, 4953 feet; Thence North 74°01'52" East, 155.05 feet; THE ATZWAY I IJ I: Lilil,j RAMIcS 1 LANGOON WAPP NO gg I GROUP INC, Thence 19.86 feet southerly along the arc of a non -tangent curve to the left having a radius of 120.00 feet, a central angle of 09°28'54", and a long chord which bears South 10'41'59" East, 19.84 feet; Thence 344.77 feet southerly along the arc of a reverse curve to the right having a radius of 2,017.00 feet, a central angle of 09°47'37", and a long chord which bears South 10032'37" East, 344.35 feet; Thence 45.90 feet southeasterly alongthe arc of reverse curve to the left having a radius of 45.00 feet, a central angle of 58"26'13", and a long chord which bears South 34051'55" East, 43.93 feet; Thence 115.39 feet easterly along the arc of compound curve to the left having a radius of 473.27 feet, a central angle of 13"58'12", and a long chord which bears South 71a04'08" East, 115.11 feet; Thence South 78°03'14" East, 56.46 feet; Thence South 19°56'46" West, 537.79 feet; Thence 118.25 feet westerly along the arc of a non -tangent curve to the right having a radius point of 800.00 feet, a central angle of 08`28'10", and a long chord which bears North 69°20'25" West, 118.15 feet; Thence North 65°06`21" West, 221.65 feet; pNP�- LA �tSTER SG � r 11779 Page 2 of 3 a 250 SOUTH Beechwood Avenue, Suite 201, Boise, 1D 83709 p 208-376-7330 f 208-323-9336 w wwsu.jub.com (-J-UIBTHr WAY d•U 3 COMPANIES ; LAN. -ON "APPIINO Ono. INC. J•U•8 ENGINEERS, INC. Thence 163.85 feet northwesterly along the arc of a curve to the left having a radius of 750.00 feet, a central angle of 12'31'06", and a long chord which bears North 71°21'5311 West, 163.54 feet; Thence North 77°37'13" West, 61.49 feet; Thence 43.53 feet northerly along the arc of a non -tangent curve to the left, having a radius of 1,500.00 feet, a central angle of 01°39'45", and a long chord which bears North 06°32'40" East, 43.52; Thence 32.56 feet westerly along the arc of a non -tangent curve to the left having a radius of 960,00 feet, a central angle of 1°56'37", and a long chord which bears North 73043'19" West, 32.56 feet; Thence 506.64 feet northerly along the arc of a non -tangent curve to the left having a radius of 1,468.00 feet, a central angle of 19'46'26", and a long chord which bears North 04°24'25" West, 504.13 feet to the POINT OF BEGINNING. Said parcel contains 683,631 square feet or 15.69 acres, more or less End Description. 1 �9 0 OF Iwo � Page 3 of 3 u 250 SOUTH Beechwood Avenue, Suite 201, Boise, IB 83709 p 208-376-7330 ( 208-323-9336 w www.jub.co Curve Table Curve # Length Radius Delta Chord Bearing Chord Length C1 19.86' 120.00' 9'28'54" S10*41'59"E 19.84' C2 344.771 2017.00' 9'47'37" S1932'37"E 344.35' C3 45.90' 45.00' 58'26'13" S34'51'55"E 43.93' C4 115.39' 473.27' 13'58'12" 571'04'08"E 115.11' C5 118.25' 800.00' 8'28'10 N69'20'25"W 118.15' C6 163.86' 750.00' 12'31'06" N71'21'53"W 163.54' C7 32.56' 960.00' 1'56'37" N73'43'19"W 32.56' C8 43.53' 1500.00' 1'39'45" N06'32'40"E 43.52' C9 506.64' 1468.00' 19'46'2611 N0424'25"W 504.13' 11779 �p 4TF OF i tteude nFnn.wxra R TH49 Hn(:t1YCH1. AN6IIiC II:CA9 Nk00C51GN:1 WlAA'UHA[CtI IIf ICV1 M1,S AN IN91[LlF1A F.NI UFI.Rdef 59:ONPLLiFFLNf.F..CS1NF.l•0.CY'F.R I."F J -V ®ENGEH[fiR9, Inc A`ili f:i N"l Iti I C L11C M IMII lH NAR1. ' F0.Z NIYUINER s'RCiJ{UT wi[I17"1 InC EXNHES55'hV1iCN AIAII%1HVAiUN OF}dl•0 Ex41HEfR{Me Line Table Line # Direction Length L1 S32'18'57"E 126.56' L2 S013'02'28"E 65.48' L3 S00'01'52"W 64.53' L4 S20"43'04"W 120.77' L5 504'40'09"E 47,03' L6 S07'37'36"E 60,91' L7 S10'33'55"E 48.10' L8 S15'58'08"E 49.53' L9 N74'01'52"E 155.05' L10 578'03' 14"E 56.46' j L11 N77'37'1YIN 61.49' Go�a� I S89"45'1 9 " E f 295.43' L2 N �j L3 0 r` �r- N L5 --� L6 L7 C1 0 r C7 � z �- - i roe rarm aumvision SHEET ("JUBI Medium Density Resideniiai R -B Located in the West Half of the Southwest Quarter of 1 1-U-8 ENGINEERS, INC. Section 22, Township 4 North, Range 1 West, B.M, 4 C3 C -t I LIO of C7 w I C8 l L11 n� � O � f � a3 � I t� C�� �` Ui ro CS Lot 2, Puma Sub. 21 22 2647.24' 22 28 27 N89'17'18"w 27 W. Chinden Blvd. (U.S. Highway 20/26) �- - i roe rarm aumvision SHEET ("JUBI Medium Density Resideniiai R -B Located in the West Half of the Southwest Quarter of 1 1-U-8 ENGINEERS, INC. Section 22, Township 4 North, Range 1 West, B.M, CJ-U- :B 1 U 6 COMPANIES I LA"GZIQN 4ATEWAY I MAPPINO *Raul IHC. J -U -B ENGINEERS, INC. Tree Farm Subdivision -Medium -Low Density Residential (114) Boundary Description Project Number 10-16-077 November 2, 2016 A parcel of land situated in the West 1/2 of the Southwest 1/4 and the Southwest 1/4 of the Northwest 1/4 of Section 22, Township 4 North, Range 1 West of the Boise Meridian, City of Meridian, Ada County, Idaho and more particularly described as follows: Commencing at an aluminum cap marking the southeast corner of the Southwest 1/4 of said Section 22,- Thence 2; Thence North 89617'18" West, 2,647.24 feet to a found aluminum cap marking the southwest corner of said Section 22; Thence along the west boundary of said Section 22, North 00°30'42" l=ast, 2263.89 feet to the POINT OF BEGINNING; Thence continuing along said west boundary, North 0030'42" East 348.72 feet to the southerly right-of-way line of the Phyllis Canal as shown on Record of Survey 7900, recorded as Instrument No. 107067669, records of Ada County, Idaho; Thence along said southerly right-of-way line the following nine courses and distances: North 65°15'13" East, 174.26 feet; North 71"21'04" East, 300.98 feet; North 74"33'18" East, 164.83 feet; North 75049'29" East, 79.69 feet; North 81°10'02" East, 156,99 feet; Page 1 of 3 a 250 SOUTH Seechwood Avenue Suite 201, Boise, ID 83709 p 208-376-7330 f 208.323-9336 iv www: ub.cnm J•U•B ENGINEERS, INC. North 80°36'32" East, 317.18 feet; North 79011'07° East, 128.36 feet; North 7930'38" East, 40.23 feet; 1 U -B COMPANIES � ( LAN ON El I MAPPING GROUP INC, North 76033'21" East, 13.91 feet to the east boundary of the Southwest 1/4 of the Northwest 1/4 of said Section 22; Thence South 00*30'32" West, 338.90 feet to the northeast corner of the West 1/2 of the Southwest 1/4 of said Section 22; Thence along the east boundary of the West 1/2 of the Southwest 1/4 of said Section 22, South 00030'49" West, 1851.43 feet; Thence 458.56 feet westerly along the arc of a non -tangent curve to the right having a radius of 906.04 feet, a central angle of 28°59'53", and a long chord which bears South 87°26'49" West, 453.68 feet; Thence North 78003'14" West, 215.76 feet; Thence 62.54 feet westerly along the arc of a curve to the right having a radius of 800,00 feet, a central angle of 04°28'44'; and a long chord which bears North 75°48'52" West, 62.52 feet; Thence North 19056'46" East, 537.79 feet; Thence North 78'03'14" West, 56.46 feet; Thence 115.39 feet westerly along the arc of curve to the right having a radius of 473.27 feet, a central angle of 13°58'12"; and a long chord which bears North 71°04'08" West, 115.11 feet; Thence 45.90 feet northwesterly along the arc of a compound curve to the right having a radius of 45.00 feet, a central angle of 58026'13", and a long chord which bears North 34°51'55" West, 43.93 feet; J�I vf.. X74 11779 j(h t rt Page 2 of 3 a 250 SOUTH Beechwood Avenue, Suite 201, Boise, ID 83709 p 248-376-7330 f 208-323-9336 ry www,:u b.com (rJ-UIB'h THE 1-U 3 COMPAMES =* I LANGDON OROUP GATMAY MAPPING ItEC. J•U•B ENGINEERS, INC. Thence 344.77 feet northerly along the arc a reverse curve to the left having a radius of 2,01.7.00 feet, a central angle of 09°47'37"; and a long chord which hears North 10°32'37" West, 344.35 feet; Thence 19.86 feet northerly along the arc of a reverse curve to the right having a radius of 120.00 feet, a central angle of 09°28'54", and a long chord which bears North 10041'59" West, 19,84 feet; Thence South 74°07.'52" West, 1.55.05 feet; Thence North 15058'08" West, 49.53 feet; Thence North 1033'55" West, 48.10 feet; Thence North 07037'36" West, 60.91 feet; Thence North 04040'09" West, 47,03 feet; Thence North 20043'04" East, 120.77 feet; Thence North 00'01'52" East, 64.53 feet; Thence North 08"02'28" West, 65.48 feet; Thence North 32'18'57" West, 126,56 feet; Thence North 89'45'19" West, 295.43 feet to the POINT OF BEGINNING. Said parcel contains 1,927,625 square feet or 44.25 acres, more or less. End Description. �p,L LAS s 11779 d, /711 LP - 4 OF Page 3 of 3 a 250 SOUTH Beechwood Avenue, Suite 201, Boise, ID 83709 p 208-376-7330__f 208-323-9336 w www.jub.com w /¢ N 0 400 800 o6 Ca r 3 0 Scale in Feet Line Table Line # Direction Length L1 N65'15'13 "E 174.26' L2 N74'33'18"E 164.83' L3 N75'49'29"E 79.69' L4 N81'10'02"E 156.99' L5 N79'1 1'07"E 128.36' L6 N79'30'38"E 40.23' L7 N76'33'21 "E 13.91' L8 N78'03'1 4"W 215.76' L9 N78'03'1 4"W 56.46' L10 S74'01'52"W 155.05' L11 N15'58'08"W 49.53' L12 N 1 0'33 `55"W 48.10' L13 N07'37'36"W 60.91' L14 N04'40'09"W 47,03' L15 N20'43'04"E 120.77' L16 N00'01'52"E 64.53' L17 N08'02'28"W 65.48' L18 N32'18'57"W 126.56' 1-19 N89'45'19"W 295.43' S TU '[ 779 �O F tE%: 2 22 28"27 Carol Phyllis �3 L4 L6 - t_.5 .7 N O rY7 Cn oc6 0 r7 0 W. Chinden Blvd. (U.S. Highway 20/26) N89'17'18"W 2647.24' 22 27 Curve Table Curve # Length Radius Delta Chord Bearing Chord Length C1 458.56' 906.04' 28'59'53" S87'26'49"W 453.68' C2 62.54' 800.00' 4'28'44" N75'48'52'1W 62.52' C3 115.39' 473.27' 13'58'12" N71'04'08"W 115.11' C4 45.90' 45.00' 58'26' 13" N34'51'55"W 43.93' C5 344.77' 2017.00' 9'47'37" N10'32'37"W 344.35' C6 19.86` 120.00' 9'28'54" N1 0'41'59"W 19.84' Rey sQF�R��xR, rlLr:,,ur ,4l"V x,_L Tree Farm Subdivision II,c noeulnr>rr. xen rru_7�cns Hw ueeuuos NCmle�nrulr� i¢nev4 SKEET '+ Al AU 1.`STIU1MCN, Of RRnrr5510NAi 3CRNCE,M TRP PRCKATY Of aA i'n6J 1. m.lnorl ■ _ rOn Ab nUVnrEnRPROJECTw13a1x, UnT"rq Ul LSkq, INN9rbe"�QIIF'nNl', "iUVJx BY CMAI ��.��.Medium-Low N ensi Residential R-4 orr,reerRr.exu, J °'• nuruURIJ�,IVNOF J•v.p FxUlx6¢Ra.l�� 1 :W,:xF*W CA Located in the W 112 of the SW 114 and the SW 114 of the NW 114 1-!1.6 ENGINEERS, INC. of Section 22, Township 4 North, Range 1 West, B•M, l.Yl fiC V,ii:[kl❑{Sf RIIriYYJ !IY II ,7AfF In .r UPLATCn'„fl1Mt8 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0128 1 - CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request to rezone a portion of property from R-2 (10.17 acres) to R-4, to rezone a portion of property from R-8 (33.84 acres) to R-4, to rezone a portion of property from R- 15 (.25 acres) to R-4, to rezone a portion of property from C-C (.27 acres) to R-8, to rezone a portion of property from R-15 (154 s.f.) to R-8, and for a preliminary plat consisting of 161 single- family residential lots and 15 common lots on 61.64 acres of land, located at 4740 W. Chinden Blvd, by M3 Companies, LLC. Case No(s). H-2016-0128 For the City Council Hearing Date of: February 7, 2017 (Findings on February 21, 2017) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of February 7, 2017, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of February 7, 2017, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of February 7, 2017, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of February 7, 2017, 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. EXHIBIT B CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0128 2 - 6. That the City has granted an order of approval of the annexation and preliminary plat request in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Division, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Conditions of Approval all in the attached staff report for the hearing date of February 7, 2017, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council’s authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant’s request for Rezone and Preliminary Plat is hereby approved per the conditions of approval in the attached staff report for the hearing date of February 7, 2017, 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 Six (6) Month Development Agreement Duration The development agreement shall be signed by the property owner and returned to the City within six (6) months of the City Council granting annexation and/or rezone (UDC 11-5B-3D). 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-2016-0128 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 February 7, 2017 Exhibit A Tree Farm Subdivision H-2016-0128 PAGE 19 STAFF REPORT Hearing Date: February 7, 2017 TO: Mayor and City Council FROM: Josh Beach, Associate Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: H-2016-0128 – Tree Farm Subdivision I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, M3 Companies, LLC, has submitted a request for the following: Rezone a portion of property from R-2 (10.17 acres) to R-4 Rezone a portion of property from R-8 (33.84 acres) to R-4 Rezone a portion of property from R-15 (.25 acres) to R-4 Rezone a portion of property from C-C (.27 acres) to R-8 Rezone a portion of property from R-15 (154 s.f.) to R-8 A remainder of the property approximately 15.42 acres will remain as R-8 The applicant is also requesting a preliminary plat consisting of one hundred sixty one (161) single- family residential lots and fifteen (15) common lots on 61.64 acres of land. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed applications with the conditions listed in Exhibit B, based on the Findings of Fact and Conclusions of Law in Exhibit D. The Meridian Planning & Zoning Commission heard these items on January 5, 2017. 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: Mark Tate, Drew Eggers, Tuck Ewing, Sam Johnson ii. In opposition: None iii. Commenting: Drew Eggers, Tuck Ewing, Sam Johnson, iv. Written testimony: None v. Staff presenting application: Josh Beach, Bill Parsons, vi. Other staff commenting on application: None b. Key issue(s) of Public Testimony: i. How utilities will be extended to and through this property and extended to the north. ii. Coordinating the construction of Black Cat on the west property line and determining where the road crosses the Phyllis Canal. c. Key Issues of Discussion by Commission: i. Whether the proposed amenities are sufficient for the development. ii. The applicant will need to go through the alternative compliance process in order to request a change in the amenity requirement. iii. The extension of utilities to the north of this property and the timing of doing so. Exhibit A Tree Farm Subdivision H-2016-0128 PAGE 19 iv. Should this project be moved forward to City Council without comments from ACHD on Tree Farm Way and Black Cat? d. Commission Change(s) to Staff Recommendation: i. Add condition 1.1.1d to read as follows: “The applicant shall obtain alternative compliance approval for the amenities prior to approval of the final plat for the first phase.” e. Outstanding Issue(s) for City Council: i. None The Meridian City Council heard these items on February 7, 2017. At the public hearing, the Council approved the subject RZ and PP request. a. Summary of City Council Public Hearing: i. In favor: Mark Tate ii. In opposition: None iii. Commenting: Drew Eggers, Tuck Ewing iv. Written testimony: None v. Staff presenting application: Josh Beach vi. Other staff commenting on application: Clint Dolsby, Warren Stewart, Caleb Hood b. Key Issues of Discussion by Council: i. The size of the force main that is in Basco Lane. ii. The potential to allow the applicant to receive building permits prior to utilities being in place and a signature on a final plat. c. Key Council Changes to Staff/Commission Recommendation i. None III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to recommend approval of File Number H-2016-0128 as presented in staff report for the hearing date of January 5, 2017 with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to recommend denial of File Number H-2016-0128 as presented in staff report for the hearing date of January 5, 2017, for the following reasons: (You should state specific reason(s) for denial.) Continuance I move to continue File Number H-2016-0128 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is located at 4740 W. Chinden Blvd., in the SW ¼ of Section 22, Township 4N., Range 1W. B. Owners: Drew Eggers 2256 N. Waggle Place Meridian, ID 83646 C. Applicant: M3 Companies, LLC, (Mark Tate) Exhibit A Tree Farm Subdivision H-2016-0128 PAGE 19 1087 W. River Street, Suite 310 Boise, ID 83702 E. Applicant's Statement/Justification: Please see applicant’s narrative for this information. V. PROCESS FACTS A. The subject application is for a rezone and a preliminary plat. A public hearing is required before the Planning & Zoning Commission and City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: December 19 and January 2, 2016 (Commission); January 20, 2017 (Council) C. Radius notices mailed to properties within 300 feet on: December 8, 2016 (Commission); January 13, 2017 (Council) D. Applicant posted notice on site(s) on: December 26, 2016 (Commission); January 30, 2017 Council) VI. LAND USE A. Existing Land Use(s) and Zoning: The land is undeveloped and the recent use has been agricultural. The property does not have any structures or appear to have had any improvements. B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: Phyllis Canal; Rural residential; Agricultural, zoned RUT (Ada County) 2. East: Single-family residential property in the Oak Leak and Spurwing Grove Subdivisions, zoned R-2 and R-8 respectively 3. South: Jayker Nursery, zoned C-C and R-15 4. West: Agricultural and residential, zoned R-8 C. History of Previous Actions: In 2006, the subject property was annexed as the Tree Farm (AZ-06-004 and AZ-06-050) and was granted approval with R-2, R-8, R-15, C-N and C-C zoning districts. A Development Agreement (DA) (#106151218) was executed upon annexation of the property. Several addendums to the DA have also been recorded (#107025555 and #107141993). In 2007, a third addendum to the DA was approved and recorded (#107141993) that realigned the zoning district boundaries consistent with the approved preliminary plat. In 2010, a development agreement modification (MDA-10-004) was approved that approved building elevations and a new concept plan that included a tennis facility as an amenity within a common lot contingent on the platting of the property. D. Utilities: 1. Public Works: Location of sewer: The sanitary sewer main intended to provide service to this development exists in S. Eagle Road. Location of water: Domestic water service to this development will be provided by Suez Water Idaho, formerly United Water of Idaho. Issues or concerns: None Exhibit A Tree Farm Subdivision H-2016-0128 PAGE 19 E. Physical Features: 1. Canals/Ditches Irrigation: An irrigation ditch runs along the south and western property lines, which is managed by the Settlers Irrigation District. The ditch will be tiled, except for an open pond amenity. 2. Hazards: Staff is not aware of any hazards that exist on the property. 3. Flood Plain: There are no designated flood plains on the subject property. 4. Topography: This site is generally flat, except along the rim. VII. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated “Medium Density Residential” and “Low Density Residential” on the Comprehensive Plan Future Land Use Map. Medium density residential areas are anticipated to contain between three and eight dwellings per acre (see Page 20 of the Comprehensive Plan.). Low density residential areas are anticipated to contain up to three dwellings per acre (see Page 20 of the Comprehensive Plan.) The proposed preliminary plat includes 161 single-family lots on 61.64 acres for a total gross density of 2.61 dwelling units/acre. Even though the 2.61 dwelling units per acre is below the Comprehensive Plan designation for the Medium Density Residential” portion, it is important to note that when this property was annexed, a specific concept plan for this entire Tree Farm area was approved by the City Council. The proposed preliminary plat is generally consistent with that concept plan for this portion of the overall annexation area. Thus, staff is of the opinion that the application is compliant with the recommended density for this area as shown on the conceptual plan. Furthermore, a step down in density is allowed by the Future Land Use Map as long as the change is within one “step” of the map designation (Low to Medium in this instance). The R-8 portion of the project is 15.42 acres of land on the west side of the parcel. This portion consists of 55 single-family homes. The approximate gross density for the R-8 portion of the project is 3.56 dwelling units per acre, which is well under the allowed density for the R -8 zoning district. The gross density for the R-4 portion of the project (which consists of 106 dwelling units on 46.22 acres) is 2.29 dwelling units per acre, which is well under the maximum density allowed for the R-4 zoning district. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis in italics below policy): Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow.” (3.03.03C) The applicant’s proposed street lay-out is generally consistent with The Tree Farm Annexation. The street network proposed on the plat only allows for one public street connection for the entire development (W. Snow Cherry Street).W. Snow Cherry Lane alone is not adequate to provide access to this development. Due to the lack of connectivity, staff recommends that either the off- site section of N. Tree Farm Way or N. Black Cat Road be constructed with the first phase of development. Either of these connections will provide adequate connectivity for the proposed homes. In addition, the applicant will be required to provide stub streets to adjoining properties for future connectivity (one to the south and one to the west). Staff is generally supportive of the proposed street design and connections within this subdivision. Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity as part of a community pathway system.” (3.03.03B) The applicant is proposing to construct 5-foot detached sidewalks along all of the proposed local Exhibit A Tree Farm Subdivision H-2016-0128 PAGE 19 streets in the subdivision. N. Tree Farm Way, a collector street, will have a 5-foot sidewalk constructed on both sides. In addition, several micro-paths are proposed, to provide additional pedestrian connectivity to the surrounding area. The proposed sidewalks and pathways will enhance pedestrian connectivity in this area. Require common area for all subdivisions.” (3.07.02F) The applicant has provided 6.17 acres (10%) of open space which meets the ten percent requirement of open space set forth in the UDC. Protect existing residential properties from incompatible land use development on adjacent parcels.” (3.06.01F) The proposed rezone is consistent with the approved concept plan for The Tree Farm Annexation AZ-06-004).The concept plan for the site encourages a range and mix of housing densities. This was taken under consideration with the annexation of the property. The zoning in place for the proposed subdivision is R-2 (low-density residential, and R-8 (medium density residential). The applicant is proposing to rezone the R-2 portion of the property (that is currently located in the north east corner of the property) to R-4, which with the request to step up density, is consistent with the City’s Comprehensive Plan. The request to rezone portion of the existing R-8 portion of the property to R-4 is also consistent with the comprehensive plan and the step down in density is allowed per the comprehensive plan. Staff finds the proposed plat is compatible with existing and planned residential development in the surrounding area. Reduce the number of existing access points onto arterial streets by using methods such as cross-access agreements, access management, and frontage / backage roads.” (3.03.02N) The applicant has worked with the adjacent property owners and they have entered into an agreement to dedicate the Right-of-way required to construct N. Black Cat Road. Protect and conserve existing waterways, groundwater, wetlands, wildlife habitat, air, soils, and other natural resources.” (5.01.01) Staff has concerns with the topography of the property as the future N. Black Cat Road crosses over the Phyllis Canal. The applicant will need to address this topography on their plat. This includes a requirement that a common lot be provided in the northwest corner of the plat adjacent to lots 46 and 47, Block 6. Review new development for appropriate opportunities to connect local roads and collectors to adjacent properties (stub streets).” (3.03.02O) The applicant will be required to provide a stub street to the south and to the west for future connectivity. After considering all of these factors staff believes that the proposed development is generally consistent with comprehensive plan. Based on the above analysis, staff finds that the proposed development is consistent with the comprehensive plan and recommends approval. VIII. UNIFIED DEVELOPMENT CODE (UDC) A. Purpose Statement of the Residential Districts (R-4 and R-8): The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density Exhibit A Tree Farm Subdivision H-2016-0128 PAGE 19 range. B. Schedule of Use Control: Unified Development Code (UDC) 11-2A-2 lists single family detached housing as principally permitted uses in the R-4 and R-8 zoning districts. C. Dimensional Standards: Development of the site shall comply with the dimensional standards listed in UDC 11-2A-5 for the R-4 zoning district and 11-2A-6 for the R-8 zoning district. D. Landscaping: A 20-foot wide buffer is required to be constructed along N. Tree Farm Way and N. Black Cat Road in accord with the street buffer landscaping standards listed in UDC 11-3B-7C. E. Subdivision Design and Improvement Standards: The subdivision must comply with the subdivision design standards outlined in UDC 11-6C-3. F. Off-Street Parking: Off-street parking is required in accord with UDC Table 11-3C-6. IX. ANALYSIS 1. Analysis of Facts Leading to Staff Recommendation: Rezone (RZ): The subject property is governed by a development agreement (DA) recorded as instrument #106151218. As mentioned earlier, the proposed rezone is generally consistent with the concept plan that was approved with The Tree Farm Annexation, and is generally consistent with the City’s Comprehensive Plan. Development Agreement (DA): As part of this application, staff is requiring that the applicant enter into a new development agreement for the property and be required to construct one of two off-site street improvements. These being either N. Tree Farm way to connect to the existing N. Tree Farm Way that is stubbed to the east of this property, or construction of N. Black Cat Road. Preliminary Plat: The proposed plat consists of one hundred sixty-one (161) building lots and fifteen (15) common lots on 61.64 acres of land. The R-4 and R-8 zoning districts are appropriate for the proposed development. The gross density for the subdivision is 2.61 d.u./acre. The R-8 portion of the project is 15.42 acres of land on the west side of the parcel. This portion consists of 55 single-family homes. The approximate gross density for the R-8 portion of the project is 3.56 dwelling units per acre, which is well under the allowed density for the R-8 zoning district. The gross density for the R-4 portion of the project (which consists of 106 dwelling units on 46.22 acres) is 2.29 dwelling units per acre, which is well under the maximum density allowed for the R-4 zoning district. The applicant will be required to make several modifications to the plat in order to meet UDC requirements. These changes include the following: Add a twenty (20) foot common lot adjacent to the western boundary of lots in the northwest corner of the plat (Lots 47 and 48, Block 6). Stub a street to parcels R7219170210 and S0421449000. Prior to Planning and Zoning Commission, provide a phasing plan. Dimensional Standards: Development of this site is required to comply with the dimensional standards listed in UDC 11-2A-5 for the R-4 district and Table 11-2A-6 for the R-8 district. Staff has reviewed the proposed plat and found it to be in compliance with the R-4 and R-8 dimensional standards. Block Length: The plat is required to comply with the block length standards listed in UDC 11- 6C-3F. Staff has reviewed the proposed plat and found it to be in compliance with the aforementioned standards. Exhibit A Tree Farm Subdivision H-2016-0128 PAGE 19 Common Drives: There are three common driveways proposed. The applicant is proposing Lots 22-24 of Block 1, to take access from a common driveway, Lots 64, 65 and 67-69, Block 6 to take access from a common driveway, and lots 8, 9 and 26-28, Block 6 from a common driveway. Per UDC-11-6C-3D, common driveways shall serve a maximum of (6) dwelling unit. For any plats using a common driveway, the setbacks, building envelope, and orientation of the lots and structures shall be shown on the preliminary plat and/or as an exhibit with the final plat application. The applicant shall provide the required exhibits with the submittal of a final plat application. One of the common driveways (Lot 10, Block 6) will be used as an emergency access and will have bollards to limit vehicular access to emergency personnel and will have no parking signs. Access: Access to this development will be provided from W. Snow Cherry Street, N. Tree Farm Way, (a portion of which has been constructed with Spurwing Greens Subdivision) and the future construction of N. Black Cat Road. The applicant has discussed the extension of N. Black Cat Road and N. Tree Farm Way with the adjacent property owner and with representatives of ACHD. Staff has not yet received a staff report from ACHD. There is a scheduled ACHD hearing for this project that is scheduled for January 25th, 2016. City staff anticipates a staff report from ACHD prior to that hearing. Without the requirements of ACHD, staff feels that in order to provide adequate access to the development, that the applicant be required to either construct the remaining portion of N. Tree Farm way (a portion of which is located off-site) or N. Black Cat Road with the first phase of development in order to provide access to the proposed subdivision. Sidewalks: Sidewalks are required along all public streets as set forth in UDC 11-3A-17. Landscaping, Open Space and Amenities: The applicant is proposing 6.17 acres (10%) of open space for the development. The applicant is also proposing to include one amenity (plaza). Based on the acreage of the plat, the applicant is required to provide two (2) additional amenities that meet the requirements of UDC 11-3G and that details of this amenity are provided at the Planning and Zoning Commission hearing. The landscape plan also depicts a 20 foot landscape buffer along N. Tree Farm Way and N. Black Cat Road with the exception of the northwest corner. The applicant shall revise the landscape plan to provide the common lot and required landscape buffer in that area in accord with UDC 11-3B-7C. Existing Trees: The applicant is responsible to mitigate all existing healthy trees 4-inch caliper or greater that are removed from the site with equal replacement of the total calipers lost on site up to an amount of 100% replacement in accord with UDC 11-3B-10. The applicant will need to contact the City Arborist if any trees are to be removed. Fencing: 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. Any future fencing proposed for the development must comply with the fencing regulations set forth in UDC 11-3A-7. Pressurized Irrigation (PI): The City of Meridian requires that pressurized irrigation (PI) systems be supplied by a year-round source of water. The applicant shall be required to utilize 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. An Exhibit A Tree Farm Subdivision H-2016-0128 PAGE 19 underground, pressurized irrigation system is required to be installed in accordance with UDC 11- 3A-15. Building Elevations: The submitted elevations depict a mix of building materials, decorative window and door trim, decorative corbels, covered entries, and stone wainscot consistent with the surrounding developments. Staff is of the opinion the future single-family homes will complement the existing homes in the area and demonstrate high quality materials (see Exhibit A.4). The rear and/or side of structures that face N. Tree Farm Way and N. Black Cat Road shall incorporate articulation through changes in two or more of the following: modulation (e.g. – projections, recesses, step-backs, pop-outs), bays, banding, porches, balconies, material types or other integrated architectural elements to break up monotonous wall planes and roof lines that are visible from the subject public street. Single-story structures are exempt from this requirement. In accord with the Findings contained in Exhibit D, Staff recommends approval of the proposed preliminary plat request for this site. Staff has included comments and recommended conditions from other City departments in Exhibit B of this report. X. EXHIBITS A. Drawings/Other 1. Vicinity Map 2. Proposed Preliminary Plat (dated: 12/19/16) 3. Proposed Landscape Plan (dated: 10/28/16) 4. Conceptual Building Elevations B. Agency & Department Comments/Conditions C. Required Findings from Unified Development Code Exhibit A Tree Farm Subdivision H-2016-0128 PAGE 19 A. Drawings 1. Vicinity Map Exhibit A Tree Farm Subdivision H-2016-0128 PAGE 19 2. Proposed Preliminary Plat (dated: 12/19/16) Exhibit A Tree Farm Subdivision H-2016-0128 PAGE 19 3. Proposed Landscape Plan (dated: 10/28/2016) Exhibit A Tree Farm Subdivision H-2016-0128 PAGE 19 4. Conceptual Building Elevations Exhibit A Tree Farm Subdivision H-2016-0128 PAGE 19 B. EXHIBIT B - AGENCY & DEPARTMENT COMMENTS/CONDITIONS 1. PLANNING DEPARTMENT 1.1 Site Specific Conditions of Approval 1.1.1 A Development Agreement (DA) is required as a provision of annexation of this property. Prior to the annexation ordinance approval and the acceptance of a final plat application, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of annexation ordinance adoption, and the developer. Currently, a fee of $303.00 shall be paid by the applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the City within six months of the City Council granting annexation. The DA shall, at minimum, incorporate the following provisions: a. The applicant shall construct either N. Tree Farm Way (the off-site section as well as the proposed section included on this plat) or N. Black Cat Road with phase one of the development. b. Future development of this site shall be consistent with the preliminary plat, landscape plan and building elevations attached in Exhibit A and the revisions noted in the staff report. c. The applicant shall comply with the submitted home elevations attached in Exhibit A.4. The rear and/or side of structures that face N. Tree Farm Way and N. Black Cat Road shall incorporate articulation through changes in two or more of the following: modulation (e.g. – projections, recesses, step-backs, pop-outs), bays, banding, porches, balconies, material types or other integrated architectural elements to break up monotonous wall planes and roof lines that are visible from the subject public street. Single-story structures are exempt from this requirement. d. The applicant shall obtain alternative compliance approval for the amenities prior to approval of the final plat for the first phase. 1.1.2 The preliminary plat, dated 12/19/16, is approved with the following changes: a. The applicant shall provide two (2) stub streets, one (1) to parcel #R7219170210 from N. Tree Farm Way and one (1) to parcel # S0421449000 from N. Black Cat Road. b. The applicant shall provide a twenty (20) foot common lot adjacent to the western boundary of Lots 47 and 48 of Block 6. This lot shall be vegetated in accord with UDC 11-3B-7. c. Bollards and no parking signs shall be installed on common driveway Lot 10, Block 6 which will serve as an emergency access. d. Prior to the Planning and Zoning Commission hearing, the applicant shall provide a phasing plan. 1.1.3 The landscape plan included in Exhibit A.3, dated 10/28/16, is approved with the following changes: a. Prior to the Planning and Zoning Commission, the applicant shall provide detail for all proposed amenities as well as for two (2) additional amenities that meet the requirements of UDC 11-3G. b. Fencing adjacent to all pathways and common open space shall meet the requirements of UDC 11-3A-7. Exhibit A Tree Farm Subdivision H-2016-0128 PAGE 19 1.1.4 An exhibit depicting the setbacks, building envelope and orientation of lots and structures shall be submitted with the final plat application. Include note on the final plat that addresses access across the lots and the responsible party for maintenance of the common driveways. 1.1.5 Prior to the Planning and Zoning Commission, the applicant shall provide a phasing plan for the development. 1.1.6 Because homes on lots that back-up to public streets such as N. Tree Farm Way and N. Black Cat Road (Lots 2-8, Block 1, Lots 2-7 and 8-17, Block 2, Lots 68-77, Block 6, and Lots 47 and 48, Block 7) will be highly visible; the side of any structure that faces the public street on these lots shall incorporate articulation through changes in materials, color, modulation, and architectural elements (horizontal and vertical) to break up monotonous wall planes and roof lines. 1.2 General Conditions of Approval 1.2.1 Comply with all bulk, use, and development standards of the R-4 and R-8 zoning districts listed in UDC Tables 11-2A-5 and 11-2A-6. 1.2.2 Comply with all provisions of 11-3A-3 with regard to access to streets. 1.2.3 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set forth in UDC 11-3A-6. 1.2.4 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11-3A- 15, UDC 11-3B-6 and MCC 9-1-28. The applicant shall provide a waiver from the applicable irrigation district that the property does not have water rights and/or water delivery to the subject property with the submittal of a final plat application. 1.2.5 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-5J. 1.2.6 Construct all off-street parking areas consistent with the standards as set forth in UDC 11-3C-6 for single-family dwellings. 1.2.7 Construct the required landscape buffers consistent with the standards as set forth in UDC 11-3B- 7C. 1.2.8 Comply with all subdivision design and improvement standards as set forth in UDC 11-6C-3, including but not limited to cul-de-sacs, common driveways, easements, blocks, street buffers, and mailbox placement. 1.2.9 Protect any existing trees on the subject property that are greater than four-inch caliper and/or mitigate for the loss of such trees as set forth in UDC 11-3B-10. 1.2.10 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle. 1.3 Ongoing Conditions of Approval 1.3.1 The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets the standards as set forth in UDC 11-3B-6 and to install and maintain all landscaping as set forth in UDC 11-3B-5, UDC 11-3B-13 and UDC 11-3B-14. 1.3.2 All common open space and site amenities shall be maintained by an owner's association as set forth in UDC 11-3G-3F1. 1.3.3 The project is subject to all current City of Meridian ordinances and previous conditions of approval associated with this site. 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. Exhibit A Tree Farm Subdivision H-2016-0128 PAGE 19 1.3.5 The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. 1.3.6 The applicant and/or property owner shall have an ongoing obligation to maintain all landscaping and constructed features within the clear vision triangle consistent with the standards in UDC 11- 3A-3. 1.4 Process Conditions of Approval 1.4.1 No signs are approved with this application. Prior to installing any signs on the property, the applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3 Article D and receive approval for such signs. 1.4.2 The applicant shall complete all improvements related to public life, safety, and health as set forth in UDC 11-5C-3B. A surety agreement may be accepted for other improvements in accord with UDC 11-5C-3C. 1.4.3 The final plat, and any phase thereof, shall substantially comply with the approved preliminary plat as set forth in UDC 11-6B-3C2. 1.4.4 The applicant shall obtain approval for all successive phases of the preliminary plat within two years of the signature of the City Engineer on the previous final plat as set forth in UDC 11 -6B- 7B (if applicable). 1.4.5 The preliminary plat approval shall be null and void if the applicant fails to either 1) obtain the City Engineer signature on a final plat within two years; or, 2) gain approval of a time extension as set forth in UDC 11-6B-7. 1.4.6 Upon installation of the landscaping and prior to inspection by Planning Division staff, the applicant shall provide a written certificate of completion as set forth in UDC 11 -3B-14A. 2. PUBLIC WORKS DEPARTMENT 2.1 SITE SPECIFIC CONDITIONS OF APPROVAL 2.1.1 A street light plan will need to be included in the final plat application. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. 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 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 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 Tree Farm Subdivision H-2016-0128 PAGE 19 EXHIBIT A) and an 81/2” x 11” map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted, reviewed, and approved prior to development plan approval. 2.2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 2.2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. 2.2.6 All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. 2.2.7 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at 208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 2.2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 2.2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.2.10 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, etc., prior to signature on the final plat. 2.2.11 All development improvements, including but not limited to sewer and water, fencing, micro- paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.2.12 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 2.2.13 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.2.17 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. Exhibit A Tree Farm Subdivision H-2016-0128 PAGE 19 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 1-foot above. 2.2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.2.20 At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.2.21 100 Watt and 250 Watt, high-pressure sodium street lights shall be required on all public roadways per the City of Meridian Improvement Standards for Street Lighting. All street lights shall be installed at developer’s expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found on the city of meridian Public Works Department’s website at http://www.meridiancity.org/public_works.aspx?id=272. The contractor’s work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. 2.2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 2.2.23 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-221. 3. POLICE DEPARTMENT 3.1 The subdivision needs another access to Chinden or through the subdivision via N. Tree Farm Way. 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. Exhibit A Tree Farm Subdivision H-2016-0128 PAGE 19 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 Requirements for dead-end fire apparatus access roads that are between 500’-750’ in length are as follows: 1) Roadways shall be built to Ada County Highway District cross section standards and have a clear driving surface of 26-feet in width available at all times and shall have no parking; 2) Streets less than 32-feet in width shall have no parking on one side; and 3) Streets more than 39- feet in width shall be allowed to have parking on both sides. These measurements shall be based on the drivable surface dimension. Special approval is required for access roads over 750’ in length per International Fire Code Table D103.6.1. and D103.6.2. The roadway shall be able to accommodate an imposed load of 75,000 GVW. 4.7 Provide signage (“No Parking Fire Lane”) for all fire lanes in accordance with International Fire Code Sections 503.4 & D103.6. 4.8 Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set forth in International Fire Code Section 304.1.2. 4.9 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. 4.10 To increase emergency access to the site a minimum of two points of access will be required for any portion of the project which serves more than 30 homes, as set forth in International Fire Code Section D107.1. The two entrances should be separated by no less than ½ the diagonal measurement of the full development as set forth in International Fire Code Section D104.3. The applicant shall provide a stub street to the property to the (west/east/north/south). 4.11 The roadways shall be built to Ada County Highway District cross section standards and have a clear driving surface. Streets less than 26’ in width shall have no on-street parking; streets less than 32’ in width shall have parking only on one side. These measurements shall be based on the drivable surface dimension exclusive of shoulders. The overhead clearance shall be a minimum of 13’ 6”. The roadway shall be able to accommodate an imposed load of 75,000 GVW as set forth in International Fire Code Section 503.2.1. and D103.6.1 and D103.6.2. 4.12 The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. The cost of this installation is to be borne by the developer. (National Fire Protection Std 1141 Section 5.2.11.1) Exhibit A Tree Farm Subdivision H-2016-0128 PAGE 19 4.13 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. 4.14 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 wants to ensure that the garbage totes get to the curb for pickup. 6. PARKS DEPARTMENT 6.1 Parks Department has no comments 7. ADA COUNTY HIGHWAY DISTRICT 7.1 A staff report from ACHD has not yet been received. Required Findings from Unified Development Code 1. REZONE FINDINGS: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant the rezone, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; The Applicant is proposing to rezone the subject property to the R-4 and R-8 zoning districts consistent with the adjacent Medium Density Residential and Low Density Residential land use designations. Therefore, Council finds the amendment is consistent with the applicable provisions of the Comprehensive Plan (see section VII above). b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Council finds that the proposed map amendment to the R-4 from R-2, R-8, and R-15 and to the R-8 from C-C and R-15 zoning districts is generally consistent with the purpose statement of the district. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. City utilities will be extended at the expense of the applicant. Council considered any oral or written testimony that was provided when determining this finding. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and 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. Exhibit A Tree Farm Subdivision H-2016-0128 PAGE 19 c. The annexation (as applicable) is in the best of interest of the City (UDC 11-5B-3.E). Not applicable. 2. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: a. The plat is in conformance with the Comprehensive Plan; Council finds that the proposed plat with 161 building lots is in substantial compliance with the adopted Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section VII, of the Staff Report for more information. b. Public services are available or can be made available and are adequate to accommodate the proposed development; Council finds that public services will be provided to the subject property upon development. See Exhibit B of the Staff Report for more details from public service providers.) c. The plat is in conformance with scheduled public improvements in accord with the City’s capital improvement program; Because City water and sewer and any other utilities will be provided by the development at their own cost, Council finds that the subdivision will not require the expenditure of capital improvement funds. d. There is public financial capability of supporting services for the proposed development; Council relies upon comments from the public service providers (i.e., Police, Fire, ACHD, etc.) to determine this finding. (See Exhibit B for more detail.) e. The development will not be detrimental to the public health, safety or general welfare; and Council is not aware of any health, safety, or environmental problems associated with the platting of this property. ACHD considers road safety issues in their analysis. Council considered any public testimony that was presented when determining whether or not the proposed subdivision may cause health, safety or environmental problems. f. The development preserves significant natural, scenic or historic features. Council is unaware of any natural, scenic or historic features on this site. Therefore, Council finds that the proposed development will not result in the destruction, loss or damage of any natural, scenic or historic feature(s) of major importance. Council should reference any public testimony that may be presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance.