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Preakness Subdivision AZ H-2017-0057ADA COUNTY RECORDER Christopher D. Rich 2017-066050 BOISE IDAHO Pgs=40 VICTORIA BAILEY 07/19/2017 04:17 PM CITY OF MERIDIAN, IDAHO NO FEE DE, VELOPMI, MY AGREL, ME, NT PARTJ[ A S: I. City of Meridian 2, T & M 14oldings LLC, Owner/Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this I day of t 2017, by and between City of Meridian, a municipal corporation of the State ofidaho, hereafter called CITY whose address is 33 E. Broadway Avenue, Meridian, Idaho 83642 and T & M Holdings LLC, whose address is PO Box 2640, Eagle, Idaho 83616, hereinafter called OWNER/ DEVELOPER. 1. RECI'T'ALS: 1,1 Vt M i RE, AS, 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 'y WWRAS, Idaho Code § 67-6511A provides that cities may, by ordinance, require or permit as a condition of zoning that the Owner/Developer make a written commitment concerning the use or development of the subject Property; and 1,3 VVWREAS, City has exercised its statutory authority by the enactment of Section 11-5B-3 of the Unified Development Code ("UDC"), which authorizes development agreements upon the annexation and/or re -zoning of land; and 1A WIIiR'Ci AS, owner/Developer has submitted an application for the annexation of approximately 5.00 acres of land from the RU717 zoning district in Ada County to theR4 (Medium Low Density Residential) zoning district (as described in Exhibit "N'), under the Unified Development Code, which generally describes how the Property will be developed and what improvements will be made; and 1,5 'P HERE,AS, Owner/Developer made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the Property will be developed and what improvements will be made; and 1,6 VtrMEREAS, 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 DBVCLOPMBNTAGiiG&MINT—PREAKNESS SiIRDIVISION (H 2017-005%) PAGp 1 OF 7 subdivisions providing services within the City of Meridian planning jurisdiction, and includes further testimony and comment; and 1.7 WHEREAS, on the 11'' day of July, 2017, the Meridian City Council approved certain Findings of Fact and Conclusions ofLaw 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/Developer to enter into a Development Agreement before the City Council takes final action on final plat; and 1,9 WHEREAS, Owner/Developer deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and request; and 1.10 WHEREAS, City requires the Owner/Developer to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use ofthe 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. 3. IDEI+TNITIONS: 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 ofthe 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 OWNE RME VE LOPER: means and refers to T & M Holdings LLC, whose address is PO Box 2640, Eagle, Idaho 83616 the party that owns and is developing said Property and shall include any subsequent owner(s)/developers of the Property. 3.3 PROPERTY: means and refers to that certain parcel(s) of Property located DEVELOPMENT AGREEMENT —PREAKNF.SS Su13DIVIsION (H-2017-0057) PAGE 2 OF 7 in the County of Ada, City of Meridian as described in Exhibit "A" describing the parcels to be re -zoned Medium -Low Density Residential Di strict (R-4) and attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right to develop the Property in accordance with the terms and conditions of this Agreement. 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under the UDC. 4.2 Aro change in the uses specified in this Agreement shall be allowed without modification of this Agreement. CONDI'T'IONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions: a. Future development of this site shall be generally consistent with the preliminary plat, landscape plan and building elevations (photos) depicted in the Staff Report that is attached to the Findings of Fact and Conclusions of Law, set forth herein as Exhibit "B" b. The owner/Developer shall be responsible for all costs associatedwith the sewer and water service extension. c. The existing home proposed to remain on a lot within the subdivision is required to hook up to City water and sewer within 60 days of it being available to said lot. d. Any and all existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance 5-7-517, when services are available from the City of Meridian. Wells may be used for non- domestic purposes such as landscape irrigation. e. If 2 -story homes are constructed on Lots 1-4, Block 1, they will be highly visible from W. Victory Road, an arterial street. 'therefore, the rear elevations of 2 -story homes shall incorporate articulation through changes in two or more ofthe following: material type, projections, recesses, step -backs, bays, banding, pop -outs, porches, balconies or other architectural elements to break up monotonous wall planes and roof lines. This does not apply to single-simy homes. 6. COMI'DIANCE 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. DEFAULTICONSENT 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. DEVE[-OPMENT AGREEMENT—PREAKNESS Sul3mv1sION (14-201M057) PAGE3 of 7 T2 Notice and Cure Period. In the event of Owner/Developer's default ofthis Agreement, owner/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 (184) 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/Developer that is not cured after notice as described in Section 7.2, Owner/Developer shall be deemedta 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/Developer reserves 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/Developer, or by any successor or successors in title or by the assigns ofthe 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 Relay. In the event the performance of any covenant to be performed hereunder by either Owner/Developer or City is delayed for causes that are beyond the reasonable control ofthe 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/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/Developer shall, immediately upon completion of any portion or the, entirety of said development ofthe 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. RFQUiR MENT FOR RECORDATION: City shall record this Agreement, including all of the Exhibits, and submit proof of such recording to Owner/Developer, prior to the third reading ofthe Meridian Zoning Ordinance in connection with the re -zoning of the Propeity by DEvEC.opMENT MREEMENT—PREAKNESS SuBDmsioN (H-2017-0057) PAGE OF 7 the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby, the City shall execute and record an appropriate instrument of release of this Agreement. 10. ZONING: City shall, following recordation ofthe duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. 11. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under the UDC, to insure the installation of required improvements, which the Owner/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/Developer to the City in accordance with Paragraph 11 above. 13. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agree to abide by all ordinances of the City of Meridian unless otherwise provided by this Agreement, 14, NOTICES: Any notice desired by the parties and/or required by this ,Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows; CITY: City Clerk City of Meridian 33 E. Broadway Ave. Meridian, ID 83642 OWNER/DEVELOPER. T & M holdings LLC PO Box 2640 Eagle, ID 83616 with copy to: City Attorney City of Meridian 33 E. Broadway Avenue Meridian, ID 83642 14,1 A party shah 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. ATTORNEYFE' ES: 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 WE 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 DEVELoPmENT AGREEMENT PREAKNESS SUBDIVISION (H-2017.0057 PAGB 5 of 7 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/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/Developer, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined that Owner/Developer have fully performed their obligations under this Agreement. 1$. INVALID PROVISION: if any provision ofthis Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 19, DUTY TO ACT REASONABLY: Unless otherwise expressly provided, each party shall act reasonably in giving any consent, approval, or taking any otheraction under this Agreement. 20. COOPERATION OF THE PARTWI S: 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/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/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 withoutthe approval ofthe City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMIENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. [end of text; signatures, acknowledgements, and Exhibits A and B follow] DEVELOPMENT AGREEMENT-PRF.AKNESS SUBDNISION {H-2017-0057} PAGE 6 QF 7 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNLR/DEVELOPER: T & M Holdings LLC By t/ David W. Turner, Managing Member CITY OF MFXTTi)TAN NUGU&?.' By: Q0 ,� yor 'ainmy de Weerd f1TTI;St� 1��N0 w J C. ay Cole ity Clerk STATE OF IDAI10 ) 6 �IljvD 1-) : ss: County oWa, ) Ott this!=3 day of Fr, 0 2017, before me, the undersigned, a Notary Public in and for said State, personally appeared David W. Turn r, known or identified to me to be the Managing Member of'T' & M Moldings LLC and acknowledged to me that he executed the same on behalf of said corporation. IN WI'T'NESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. '044111101100 l_ (SEAL) e`®• �HUlr °°s0°°°°��(� Notary Public for Idaho N -F o .� �b ° �°°� Residing at: �G ' ( C-) ` g �� ®Ivly Commission Expires: J_U 9 m STATE OF IDAI IO ) 13�0- Ss County of Ada ) ���®�T °°�O� On this day of ® 11� T61� 2017, before me, a Notary Public, personally appeared Tammy de Wecrd and C.Jay Coles, know or identified to me to be, the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal lthe day and year in this certificate first above written.® 10000600MAO 0 0 0®��0,,60 nti Gce SEAT ®�G,��',�® Notary Publlc f r Idaho 9 �,Y• �® `�'� ° Residing at: UT p ,. , e s A ; ®. Commission expires: DEVLLOPMF.N7' AGiw1wENT -T SS SUBial M>i (i-2017-0057) PAGE 7 OF 7 EXHIBIT A Legal Description & Exhibit Map for Annexation Boundary ANNEXATION DESGRIPTION FOR PREAKNESS SUBDIVISION A parcel of land located in the NE 1/4 of the NW 1/4 of Section 25, Township 3 North, Flange 1 West, Boise Meridian, Ada County, Idaho being more particularly described as follows: BEGINNING at the W1116 corner of said Section 25 from which the N1/4 corner of said Section 25 bears South 89"57'57" East, 1320.16 feet, thence along the North boundary line said Section 25 South 89°57'57" East, 300.00 feet; thence along the West boundary line of Kentucky Ridge Estates Subdivision No. 3 as filed in Book 108 of Plats at Pages 15,162 through 15,166, records of Acta County, Idaho and the northerly extension thereof South 00°05`02" East, 726.00 feet to the NE corner of Lot 9, Block 5 of said Kentucky Ridge Estates Subdivision No. 3; thence along the North boundary line of said Kentucky Ridge Estates Subdivision No. 3 North 89°57'57" West, 300.00 feet to the NE corner of Lot 11, Block 5 of said Kentucky Ridge Estates Subdivision No. 3; thence along the West boundary line of the NE 1/4 of the NW 114 of said Section 25 North 00105'02" West, 726.00 feet to the REAL POINT OF BEGINNING. Containing 5.00 acres, more or less. Preakness Subdivision — H,2017-0057 EXHIBIT A BASIS OF BEARING 24 -WI/16 S89'57'57'E 1320.16' 1/4 2M 25 300.00 — _ 1020,16' 25 W. VICTORY ROAD 1 _ t POINT 1 JJ~� OF BEGINNING 1 � I � I I t 1 i 1 i o� �a �I 1� vi1 io rq 0 ( 5.00 ACRES 1N o M rn1 10 Ire f— i 6 I �W I 1 I I N89'57'57"W300,00'+ Y W KENTUCKY RIDGE ESTATES NO. 3 to 60 180 0 30 32b SCALE: 1" ^ 60' 5� rim, , 1,31.1 hl IDAHO 1450E.WAl0IMW 5r. sutvulo SURVEY IIA1�i, 10MG W612 GROUP, P.C. Preakness Subdivision W H-2017-0057 n LEGEND CALCULATED POINT - PROPERTY BOUNDARY LINE SECTION LINE RIGHT--OF--WAY UNE ANNEXATION EXHIBIT DRAINING FOR PREAKNESS SUBDIVISION LOOAIEO 114 niC HE 1/4 OF 'DIE NW I/4 OF 5E0714H 25, T.31t, F.1N'., n,I.L, AOA w tay.. IDAHO t7-062 3!15/2617 EXHIBIT B CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW CVE11 IDIAN�-� AND DECISION & ORDER In the Matter of the Request for Annexation and Zoning of 5.00 Acres of Land with an R-4 Zoning District; and a Preliminary Plat Consisting of Sixteen (16) Building Lots and Two (2) Common Lots on 4.75 Acres of Land in the R-4 Zoning District for Preakness Subdivision, by Schultz Development. Case No(s). H-2017-0057 For the City Council Hearing Date of: July 5, 2017 (Findings on July 11, 2017) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of July 5, 2017, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of July 5, 2017, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of July 5, 2017, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of July 5, 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. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Community Development Department, the Public Works Department and any affected party requesting notice. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2017-0057 - I - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of July 5, 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 annexation & zoning and preliminary plat is hereby approved with the requirement of a development agreement per the conditions of approval in the Staff Report for the hearing date of July 5, 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 11-613-7A). 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 11-613-713). Upon written request and filed by the applicant prior to the termination of the period in accord with 11 -6B -7.A, the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two (2) years. Additional time extensions up to two (2) years as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code 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- 613-7C). Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s) and returned to the city within six (6) months of the city council granting the modification. A modification to the development agreement may be initiated prior to signature of the CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2017-0057 - 2 - agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six (6) month approval period. 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 July 5, 2017 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2017-0057 - 3 - By action of the City Council at its regular meeting held on the day of PN 2017. COUNCIL PRESIDENT KEITH BIRD VOTED Y* COUNCIL VICE PRESIDENT JOE BORTON VOTED COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED COUNCIL MEMBER TY PALMER VOTED Je4 COUNCIL MEMBER LUKE CAVENER VOTED I6; COUNCIL MEMBER GENESIS MILAM VOTED MAYOR TAMMY de WEERD VOTED (TIE BREAKER) Mayor Tamm Weerd f,07 Attest: Ho C.JatCole City Clerk Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. By: Dated: !O� City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2017-0057 -4- STAFF REPORT Hearing Date: TO: FROM: SUBJECT: EXHIBIT A July 5, 2017 (Continued frons: June 27, 2017) Mayor & City Council Sonya Allen, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 Preakness Subdivision — AZ, PP (H-2017-0057) I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST 1 The applicant, Schultz Development, has submitted an application for annexation and zoning (AZ) of 5.00 acres of land with an R-4 zoning district; and a preliminary plat (PP) consisting of 16 building lots and 2 common lots on 4.75 acres of land in the R-4 zoning district for Preakness Subdivision. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed AZ and PP applications in accord with the conditions of approval in Exhibit B and the Findings of Fact and Conclusions of Law in Exhibit D. The Meridian Planning & Zoning Commission heard these items on June 1, 2017. At the public hearing, the Commission moved to recommend approval of the subject AZ and PP requests. a. Summary of Commission Public Hearing: i. In favor: Matt Schultz, Applicant's Representative ii. In opposition: None iii. Commenting: Dan Beck iv. Written testimony: Matt Schultz, Applicant's Representative X. Staff presenting application: Sonya Allen vi. Other staff commenting on application: None b. Key issue(s) of Public Testimony: L. The appearance of 2 -story rear elevations visible from W. Victory Road — would prefer single -story along Victory. c. Key Issues of Discussion by Commission: L. Development Agreement provision #l.l.le pertains to the appearance of 2 -story homes from Victory Road. d. Commission Change(s) to Staff Recommendation: h Modify condition #1.1.2b to clarity Lot 8 isn't required to be widened if the fencing on Lot 6 isn't located on the property line abutting the common driveway. e. Outstanding Issues) for City Council: L. The applicant requests Council approval of a "step up" in density from LDR to MDR to accommodate the proposed development. The Meridian City Council heard these items on July 5, 2017, At the public hearing, the Council approved the subject AZ and PP request, a Summary of City Council Public Hearin: In favor: Matt Schultz. Applicant's Representative Preakness Subdivision — AZ, PP H-2017-0057 PAGE 1 EXHIBIT A J. In DVAasition: None 1L Commenting: None U Written testimony: None iv. Staff presenting application: Sonya Allen y- Other staff commenting on application: None Zi Kcy issue(s) of Public Testimony: i None key Issues of Discussion by Council: L None d� Key Council Changes to Commission Recommendation i The Council approved a sten-up in density from LDR to MDR at 3.37 dwelling units per re (modified condition #1.1.2c accordinglvl. III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2017- 0057, as presented in the staff report for the hearing date of July 5, 2017, with the following modifications: (Add any proposed modifications). Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2017-0057, as presented during the hearing on July 5, 2017, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2017-0057 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 1155 W. Victory Road, in the NW t/4 of Section 25, Township 3 North, Range 1 West. (Parcel No.: S1225212515) B. Owners: Kevin and Nonna Petty 1155 W. Victory Road Meridian, ID 83642 C. Applicant: Schultz Development P.O. Box 1115 Meridian, ID 83642 D. Representative: Matt Schultz, Schultz Development P.O. Box 1115 Meridian, ID 83642 E. Applicant's Statement/Justification: Please see applicant's narrative for this information. Preakness Subdivision — AZ, PP H-2017-0057 PAGE 2 EXHIBIT A V. PROCESS FACTS A. The subject application is for annexation and zoning and preliminary plat. A public hearing is required before the Planning & Zoning Commission and City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: May 12, 2017 (Commission); June 9, 2017 (City Council) C. Radius notices mailed to properties within 300 feet on: May 4, 2017 (Commission); June 8, 2017 (City Council) D. Applicant posted notice on site(s) on: May 19, 2017 (Commission); June 22, 2017 (City Council) VI. LAND USE A. Existing Land Use(s) and Zoning: The subject property consists of one rural residential/agricultural property zoned RUT in Ada County. B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: W. Victory Road and rural residential properties in Pebble Lane Estates, zoned RI in Ada County 2. East & south: Single-family residential properties in Kentucky Ridge Estates Subdivision, zoned R-4 3. West: Future single-family residential development (Edgehill Subdivision), zoned R-4 C. History of Previous Actions: None D. Utilities: 1. Location of sewer: A sanitary sewer mains intended to serve the subject site currently exists directly adjacent to the east of the subject parcel in W. Contender Street. 2. Location of water: A water mains intended to serve the subject site currently exists directly adjacent to the east of the subject parcel in W. Contender Street. 3. Issues or concerns: Applicant shall be responsible for the extension of the 12 -inch diameter water main across the frontage of the development in W. Victory Road. E. Physical Features: Canals/Ditches Irrigation: There are no waterways on this site. 2. Hazards: Staff is unaware of any hazards that may exist on this site. Flood Plain: This site does not lie within the Meridian Floodplain Overlay District. VII. COMPREHENSIVE PLAN POLICIES AND GOALS The Comprehensive Plan Future Land Use Map (FLUM) designates this property as Low Density Residential (LDR). The LDR designation allows for the development of single-family homes on large lots where urban services are provided. Uses may include single-family homes at gross densities of 3 dwelling units or less per acre. The applicant proposes to develop this 4.75 acre site with 16 single-family residential detached homes at a gross density of 3.37 dwelling units per acre (d.u./acre) and a net density of 4.29 d.u./acre, which is slightly above the density desired in LDR designated areas of 3 or fewer units per acre. The applicant requests Council approval of a "step up" in density from LDR to Medium Density Residential (MDR) which allows 3-8 units per acre. Preakness Subdivision — AZ, PP H-2017-0057 PAGE 3 EXHIBIT A Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed use (staff analysis in italics): "Support a variety of residential categories (low-, medium-, medium-high and high-density single-family, multi -family, townhouses, duplexes, apartments, condominiums, etc.) for the propose of providing the City with a range of affordable housing opportunities." (3.07.01 E) The proposed low densio} development will contribute to the range of housing opportunities available in the City. Staff is unaware of how "affordable" the homes will be in this development. "Restrict private curb cuts and access points on collectors and arterial streets." (3.06.02D) No access points are proposed or approved via W. Victory Road, an arterial street. Access will be provided via a local street in the adjacent development to the east (Kentucky Ridge Estates). "Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City." (3.01.01F) City services are available to be extended by the developer to the proposed lots upon development of the site in accord with UDC 11-3A-21. "Require new residential development to meet development standards regarding landscaping, signage, fences and walls, etc." (3.05.02C) Landscaping is required to be provided in common area lots within the subdivision in accord with the standards listed in UDC 11 -3G -3E and within the street buffer along W. Victory Road inn accord with the standards listed in UDC 11 -3B -7C. "Protect existing residential properties from incompatible land use development on adjacent parcels." (3.06.01F) The proposed residential development should be compatible with existing and future adjacent loly-medium density single-family residential uses. "Require common area in all subdivisions." (3.07.02F) The UDC (I1 -3G-2) requires common open space and site amenities to be provided for developments of 5 acres or more. Because the plat only consists of 4.75 acres and the building lots are an average of 10,151 square feet (or 0.23 of an acre) in size, common area and site amenities are not required to be provided for this development. "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) There are no pathway stubs to this site from Kentuc1q) Ridge to the east or Edgehill Subdivision approved to the west. The sidewalks along W Contender St. stub to the east boundary of this site and will eventually extend to the west with development of Edgehill Subdivision, which will provide for pedestrian connectivity between subdivisions, Preakness Subdivision — AZ, PP H-2017-0057 PAGE 4 EXHIBIT A "Encourage infill development." (3.04.02B) The subject property is surrounded on 3 sides with land that has been annexed and is either developed or in the developrnentprocess in the City. "Review new development for appropriate opportunities to connect local roads and collectors to adjacent properties (stub streets). (3.03.020) There is one existing stub street (ff.. Contender St.) to this property near the northeast corner fi-orn Kentitcicy Ridge Estates subdivision; another stub street in alignment with Contender on the west side of this site is depicted on the preliminary plat for Edgehill Subdivision. VIII. UNIFIED DEVELOPMENT CODE (UDC) A. Purpose Statement of Zone: Per UDC 11-2A-1, the purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian comprehensive plan. Residential districts are distinguished by the dimensional standards of the corresponding zone and housing types that can be accommodated. B. Schedule of Use: Unified Development Code (UDC) Table 11-2A-2 lists the principal pennitted (P), accessory (A), conditional (C), and prohibited (-) uses in the R-4 district. Any use not explicitly listed, or listed as a prohibited use is prohibited. Single-family detached dwellings are a principally permitted use in the R-4 district. C. Dimensional Standards: Development of the site should be consistent with the dimensional standards listed in UDC Tables l 1-2A-5 for the R-4 zoning district. D. Landscaping: Landscaping shall be required in accordance with the standards listed in UDC 11- 3B -7C. E. Off -Street Parking: Off-street parking is required in accord with UDC Table 11-3C-6 for single- family dwellings. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: 1. Annexation & Zoning The applicant has applied for annexation and zoning of 5.00 acres of land from the RUT zoning district in Ada County to he R-4 zoning district in the City. The property is proposed to develop with 15 new single-family residential detached homes in addition to the existing home that is proposed to remain on a lot in the proposed subdivision. The proposed R-4 zoning is consistent with the LDR FLUM designation. The density proposed with this development requires Council approval of a "step up" in density as discussed above in Section VII. The legal description submitted with the application, included in Exhibit C, shows the boundaries of the property proposed to be annexed and rezoned. The property is contiguous to land that has been annexed into the City and is within the Area of City Impact boundary. The City may require a development agreement (DA) in conjunction with an annexation pursuant to Idaho Code section 67-6511A, hl order to ensure the site develops as proposed with this application, staff recommends a DA as a provision of annexation with the conditions included in Exhibit B. Preakness Subdivision — AZ, PP H-2017-0057 PAGE 5 EXHIBIT A 2. Preliminary Plat The proposed plat consists of 16 residential building lots and 2 common lots on 4.75 acres of land in the proposed R-4 zoning district (see Exhibit A.2). The minimum property size is 8,103 square feet (s.f.) with an average lot size of 10,151 s.f. A gross density of 3.37dwelling units per acre (d.u./acre) and a net density of 4.29 acres is proposed. The subdivision is proposed to develop in one phase. The proposed development will be consistent with the Comprehensive Plan if the Council approves a "step up" in density from LDR to MDR as requested by the applicant. If Council does not approve the request, the density will need to be reduced slightly to comply with LDR FLUM designation which only allows 3 or fewer dwelling units per acre. Existing Structures: There is a 2970 s.£ existing home and an accessory structure on this site. The horse is proposed to remain on a tot in the subdivision; the accessory structure is proposed to be removed. Removal of the structure should take place prion to signature on the final plat by the City Engineer. Staff has verified that the existing home complies with the setbacks for the R-4 district listed in UDC Table 11-2A-5. Dimensional Standards: Development of this site is required to comply with the dimensional standards listed in UDC 11-2A-3 and Table 11-2A-5 for the R-4 district and the subdivision design and improvement standards listed in UDC 11-6C-3. The proposed plat complies with these standards. Access: Access to streets should comply with the standards listed in UDC 11-3A-3. Access is proposed via an existing stub street (W. Contender St.) in Kentucky Ridge Estates at the east boundary of the site; direct lot access via Victory Road is prohibited. When Edgehill Subdivision is developed on the adjacent property to the west, an off-site access will be available via W. Victory Road. Streets: All of the proposed streets are public. Common Driveways: Common driveways are required to comply with the standards listed in UDC 11 -6C -3D. A common driveway is proposed for access to Lots 6, 7 and 9, Block 2. Lot 8, Block 2 needs to be widened to a minimum of 30 feet to allow for a 20 -foot wide paved surface and 5 -feet of landscaping on either side in accord with UDC 11 -6C -3D. Parking: Off-street parking is required to be provided on each residential lot in accord with the standards listed in UDC 11-3C-6. For 2, 3 and 4 bedroom units, a minimum of 4 off-street parking spaces are required with at least 2 of those in an enclosed garage; other spaces may be enclosed or a minimum 10' x 20' parking pad. Landscaping: Landscaping is required to be provided in the proposed development as set forth in UDC 11-3B. A landscape plan was submitted with this application for the area proposed to be platted as shown in Exhibit A.3. A 25 -foot wide street buffer is required along W. Victory Road, an arterial street, measured from back of curb in accord with the standards listed in UDC 11 -3B -7C. A buffer is depicted on the landscape plan that appears to comply with this standard. Preakness Subdivision — AZ, PP H-2017-0057 PAGE 6 EXHIBIT A Tree Mitigation: Mitigation is required for all existing trees 4" caliper or greater that are removed from the site with equal replacement of the total calipers lost on the site up to an amount of 100% replacement. There are several existing trees on the site. The applicant should coordinate with the Elroy Huff, City Arborist, to confirm mitigation requirements prior to removal of any trees from the site. Mitigation calculations should be depicted on the landscape plan. Open Space/Site Amenities: Properties over 5 acres in size are required to comply with minimum open space and site amenity requirements as set forth in UDC 11 -3G -3A.1. Based on the area of the preliminary plat (4.75 acres), these standards do not apply. Sidewalks: Sidewalks are required along all public streets as set forth in UDC 11-3A-17. A 5 -foot wide detached sidewalk is required along E. Victory Road, an arterial street, as proposed. Five-foot wide attached sidewalks are proposed along internal streets within the development. Utilities: All development is required to connect to the City water and sewer system unless otherwise approved by the City Engineer in accord with UDC 11-3A-21. This development will be serviced by existing 8 -inch sewer and water mains constructed at the end of the W. Contender Street . The existing home is required to hook up to City water and sewer service within 60 days of it being available. Street lighting is required to be installed within the development in accord with the City's adopted standards, specifications and ordinances. Pressurized Irrigation (PI): An underground PI system is proposed to be provided to each lot in the subdivision in accord with UDC 11-3A-15. The New York Irrigation District will provide irrigation via an existing pump station for the Kentucky Ridge Subdivision No. 3 at the northeast corner of the site. An existing private gravity irrigation delivery for properties to the north across Victory Road is proposed to be piped within the Victory Road street buffer in a 12 -inch pipe. Storm Drainage: A storm drainage system is required for the development in accord with the City's adopted standards, specifications and ordinances. Design and construction shall follow best management practice as adopted by the City in accord with UDC 11-3A-18. Stormwater is proposed to be retained onsite in seepage beds in accord with ACHD requirements. Storm drainage is proposed to be mitigated in underground seepage beds in accord with ACHD design criteria. Existing Well/Septic: There is an existing well and septic system on this property that currently serves the existing home. Any and all existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. Waterways: There are no waterways on this site. Fencing: All fencing is required to comply with the standards listed in UDC 11 -3A -6B and 11-3A-7. Six-foot tall vinyl fencing exists along the east and south property boundaries; matching fencing is proposed along the west and north boundaries of the development and around Lot 6, Block 2 where the existing home is located. Preakness Subdivision — AZ, PP H-2017-0057 PAGE 7 EXHIBIT A Solid fencing is prohibited adjacent to the common driveway on Lot 8, Block 2 unless separated by a minimum 5 -foot wide landscape buffer; revise accordingly. Building Elevations: The applicant has submitted 7 photos of homes that will be similar to those constructed in this subdivision and will be architecturally compatible with those constructed to the east in Kentucky Ridge Estates Subdivision (see Exhibit A.5). These photos all depict at least 2 different building materials and stone/brick veneer accents. If 2 -story homes are constructed on Lots 1-4, Block 1, they will be highly visible from W. Victory Road, an arterial street. Therefore, staff recommends the rear elevations of 2 -story homes incorporate articulation through changes in two or more of the following: material type, projections, recesses, step -backs, bays, banding, pop -outs, porches, balconies or other architectural elements to break up monotonous wall planes and roof lines. This requirement does not apply to single -story homes. Design review is not required for single-family detached homes. Addressing: The property where the existing home is located will no longer have an address off W. Victory Road; the new address will be off S. Cobble Place. In satmfna y, Staff recommends approval of the proposed annexation and preliminary plat request for this site with the requirement of a development agreement and conditions listed in Exhibit B of this report in accord with the findings contained in Exhibit D. A. Drawings/Other 1. Zoning/Aerial Map 2. Proposed Preliminary Plat (dated: 4/15/17) 3. Proposed Landscape Plan (dated: 4/14/17) 4. Common Driveway Exhibit 5. Conceptual Building Elevation Photos B. Agency & Department Comments/Conditions C. Legal Description & Exhibit Map for Almexation Boundary D. Required Findings from Unified Development Code Preakness Subdivision — AZ, PP H-2017-0057 PAGE 8 EXHIBIT A A. Drawings 1. Zoning/Aerial Map -2- EXHIBIT A 2. Proposed Preliminary Plat (dated: 4/15/17) —3— ' I I f I I :1 Y 1 7,- IDAHO ISG SURVEY GROUP,P.C. PREAKNESS SUBDIVISION EXHIBIT A 3. Proposed Landscape Plan (dated: 4/14/17) t�" � iii NMd 3ddO3ONr1 AUVNIWll3ad CII NdIQIli3W �'a �' S � d NOISIA16ane SS3NAV3dd a 4�4 I'M W tptp i0� d t 0 gqt ? u W R Ep �it � tWJu g�g SS Egeetta 3 §�� i �7 � E Qy � 8kpp8 5 g ZL y� 3 F[6 £ �"�€4tte f� 7 !fid E £5e 4 G E f£ � ! E@ f �{ g L S II - ea 5 J5 a 3M W a UV (b - • CLIMORY ROAD - C id 10 n w A I F3f DLMK �•; f I� \\ W 6ki$• it ..� 1 1 Y iM ��� \ y _ p3 £ iE a{e8$3§y 33 °ka -4- EXHIBIT A rI PLANTER BED CUT EDGE �` �♦ m^7` APS (15l�RUB PLANTING rol PERENNIA11,13 ROUNDCOVER @P PLANTING """" w� 4 DECIDUOUS REE PLA I G,o F 5 4. Common Driveway Exhibit LOT 3 LOT 4 0 CC) 55' LOT 5 EXHIBIT A EX HOUSE LOT 6 n LLJ LOT 11 M M- 0 U BLOCK 2 I LOT 71 60' 8 LOT 10 C,'0MM0N DRIVEWAY EXHIBIT 1' = 6 0' EXHIBIT A 5. Conceptual Building Elevation Photos -7- EXHIBIT A -8- EXHIBIT A 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, 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. A final plat application shall not be submitted until the DA is signed and approved by City Council. Currently, a fee of $303.00 shall be paid by the applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the Planning Division within six (6) months of the City Council granting annexation. The agreement shall, at minimum, incorporate the following provisions: a. Future development of this site shall be generally consistent with the preliminary plat, landscape plan and building elevations (photos) depicted in Exhibit A and the conditions noted in the staff report. b. The Owner/Developer shall be responsible for all costs associated with the sewer and water set -vice extension. c. The existing home proposed to remain on a lot within the subdivision is required to hook up to City water and sewer service within 60 days of it being available to said lot. d. Any and all existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. e, If 2 -story homes are constructed on Lots 1-4, Block 1, they will be highly visible from W. Victory Road, an arterial street. Therefore, the rear elevations of 2-stoty homes shall incorporate articulation through changes in two or more of the following: material type, projections, recesses, step -backs, bays, banding, pop -outs, porches, balconies or other architectural elements to break up monotonous wall planes and roof lines. This does not apply to single -story homes. 1.1.2 The preliminary plat included in Exhibit A.2, dated 4/15/17, shall be revised as follows: a. Include a note stating that Lots 5, 7 and 9, Block 2 will be accessed via the common driveway on Lot 8, Block 2. b. Widen Lot 8, Block 2 to a minimum of 30 feet to allow for a 20 -foot wide paved surface and 5 -feet of landscaping on either side in accord with UDC 11 -6C -3D. If'a fence isn't constructed on Lot 6 on the property line abutting the conznson driveway, the width of the common driveway is approved as -is and is not required to be widened. c. if Gity Couneil does not appr-ove a "stop up" in density as requested, a ininimum of two building -lets shall be removed from the Plat to comply with the density desired in Low Density Residential designated arpeas ,.ff-1 Aar fe.� .T,o r.r>oii; nos pef aefe. Council approved a step-up in density as requested. d. The footprint of homes constructed on Lots 5, 7 and 9, Block 2 that are accessed from a common driveway shall be consistent with those depicted on the common driveway exhibit in Exhibit A.4. e. The existing home proposed to remain on Lot 6, Block 2 shall have a change of address from W. Victory Road to S. Cobble Place. -9- EXHIBIT A 1.1.3 The landscape plan included in Exhibit A.3, dated 4/14/17, shall be revised as follows: a. A 25 -foot wide street buffer is required along W. Victory Road, measured from back of curb in accord with UDC 11-313-7C. Where ACHD is anticipating future widening of the street, the width of the buffer shall be measured from the ultinxate curb location as anticipated by ACHD. b. Solid fencing is prohibited adjacent to the common driveway on Lot 8, Block 2 unless separated by a minimum 5 -foot wide landscape buffer per UDC 11 -6C -3D.5; revise accordingly. c. Widen Lot 8, Block 2 to a minimum of 30 feet to allow for a 20 -foot wide paved surface and 5 -feet of landscaping on either side in accord with UDC 11 -6C -3D. d. Depict a concrete pad at the end of the common drive on Lot 8, Block 2 no more than 5 feet behind the sidewalk that is of sufficient area to accommodate the receptacles of the residences that take access from the common driveway per requirement of Republic Services. L I A The developer shall construct all proposed fencing and/or any fencing required by the UDC, consistent with the standards as set forth in UDC 11-3A-7. 1.1.5 The existing accessory structure (workshop) on the site shall be removed prior to signature on the final plat by the City Engineer. The existing home that is proposed to remain on the site is required to comply with the minimum setback standards for the R-4 zoning district listed in UDC Table 11-2A-5. 1.1.6 A perpetual ingress -egress easement for the common driveway proposed on Lot 8, Block 2 shall be filed with the Ada County Recorder, which shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment. 1.2 General Conditions of Approval 1.2.1 Comply with all bulk, use, and development standards of the R-4 zoning district listed in UDC Table 11- 2.-5. 1.2.2 Comply with all provisions of 11-3A-3 with regard to access to streets. 1.2.3 Construct on -street bikeways on all collector streets as set forth in UDC 11-3A-5. 1.2.4 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set forth in UDC 11-3A-6. 1.2.5 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11-3A-15, UDC 11-3B-6 and MCC 9-1-28. 1.2.6 Comply with the sidewalk standards as set forth in UDC 11-3A-17. 1.2.7 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-313-5J. 1.2.8 Construct all off-street parking areas consistent with the standards as set forth in UDC 11-3C-6 for single- family dwellings. 1.2.9 Construct the required landscape buffers consistent with the standards as set forth in UDC 11 -3B -7C. 1.2.10 Construct storm water integration facilities that meet the standards as set forth in UDC I 1-3B-11 C. 1.2.11 Construct all parkways consistent with the standards asset forth in UDC 11 -3A -17E, 11-3G-3135 and 11- 3134C. l .2.12 Comply with all subdivision design and improvement standards asset forth in UDC 11-6C-3, including but not limited to cul-de-sacs, alleys, driveways, common driveways, easements, blocks, street buffers, and mailbox placement. 1.2.13 Protect any existing trees on the subject property that are greater than four -inch caliper and/or mitigate for the loss of such trees asset forth in UDC 11-313-10. -to- EXHIBIT A 1.2.14 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle. 1.3 Ongoing Conditions of Approval 1.3.1 The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets the standards as set forth in UDC 11-3B-6 and to install and maintain all landscaping as set forth in UDC 1I - 3B -5, UDC 11-313-13 and UDC 11-313-14. 1.3.2 All common open space and site amenities shall be maintained by an owner's association as set forth in UDC 11 -3G -3F1. 1.3.3 The project is subject to all current City of Meridian ordinances and previous conditions of approval associated with this site. 1.3.4 The applicant and/or property owner shall have an ongoing obligation to prune all trees to a minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the area. 1.3.5 The applicant shall have an ongoing obligation to maintain all pathways. 1.3.6 The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. 1.3.7 The applicant and/or property owner shall have an ongoing obligation to maintain all landscaping and constructed features within the clear vision triangle consistent with the standards in UDC 11-3A-3. 1.4 Process Conditions of Approval 1.4.1 No signs are approved with this application. Prior to installing any signs on the property, the applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3 Article D and receive approval for such signs. 1.4.2 The applicant shall complete all improvements related to public life, safety, and health as set forth in UDC 11 -5C -3B. A surety agreement may be accepted for other improvements in accord with UDC 11- 5C -3C. 1.4.3 The final plat, and any phase thereof, shall substantially comply with the approved preliminary plat as set forth in UDC 11-6B-3 C2. 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 11-613-7. 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 This development will temporarily be provided water service from the City's water pressure zone 4, with the ultimate water service being provided by Pressure Zone 5, which will provide higher pressure and flow. Fire protection is available with current service from Pressure Zone 4 to proposed water mains. 2.1.2 Since potable water is provided by the City and irrigation water is provided by NYID, the domestic well at the existing home must be decormnissioned according to IDWR rules unless it is needed to continue as an authorized domestic use or other use authorized by an additional water right. -11- EXHIBIT A 2.1.3 Applicant shall be responsible for all associated costs and the physical connection to the sanitary sewer and water systems for the existing home that is proposed to remain. 2.1.4 Applicant shall be responsible for the extension of the 12 -inch diameter water main across the frontage of the development in W. Victory Road. 2.2 GENERAL CONDITIONS Or APPROVAL 2.2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard fonns 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) and an 81/2" x 11" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted, reviewed, and approved prior to signature of the final plat by the City Engineer. 2.2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 9-2-28C 1). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to 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. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 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. -12- EXHIBIT A 2.2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated, 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 improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11 -5C -3B. 2.2.12 Applicant shall be required to pay Public Works development plan review, and constriction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 2.2.13 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.2.16 All grading of the site shall be performed in conformance with MCC 11-1-4B. 2.2.17 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.2.18 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3 -feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1 -foot above. 2.2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACRD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.2.20 At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.2.21 Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting (http://www.meridiancity.org/publie—works.aspx?id=272). All street lights shall be installed at developer's expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 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 public sewer, water and reuse infrastructure for duration of -13- two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-221. 3. POLICE DEPARTMENT 3.1 The Police Department has no comment on this application. 4. FIRE DEPARTMENT 4.1 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. 5. REPUBLIC SERVICES 5.1 The applicant shall revise the landscape plan to include a concrete pad at the end of the corm -non drive no more than 5 feet behind the sidewalk that is of sufficient area to accommodate the receptacles of the residences that take access from the common driveway. Please contact Bob Olson at Republic Services (345-1265) for additional information. 6. PARKS DEPARTMENT 6.1 Mitigation is required for all existing trees 4 -inch caliper or greater that are removed from the site in accord with the standards listed in UDC 11-313-1OC.5. Contact Elroy Huff, City Arborist, at 208-489- 0589 to confirm mitigation requirements for the site prior to removal of any trees. 7. ADA COUNTY HIGxwAY DISTRICT 7.1 Site Specific Conditions of Approval 7.1 Construct a detached 5 -foot wide concrete sidewalk on Victory Road, located a minimum of 30 -feet from centerline, abutting the site. 7.2 Close the existing driveway onto Victory Road from the site with 5 -foot wide concrete sidewalk. 7.3 Improve Victory Road with 17 -feet of pavement from centerline plus 3 -foot wide gravel shoulder abutting the site. 7.4 Provide permanent right-of-way easements for the sidewalk placed outside of the dedicated right-of-way. The easement shall encompass the entire area between the right-of-way line and 2 -feet behind the back edge of the sidewalk. 7.5 Extend Contender Street into and through the site tying into existing conditions to the east, as a 34 -foot street section with curb, gutter, and attached 5 -foot wide concrete sidewalk within 48 -feet of right-of-way. 7.6 IF Edgehill has constructed the proposed stub street at the site's west property line in alignment with Contender Street, then tie into those improvements to the west. 7.7 IF Edgehill has not constructed the stub street in alignment with Contender Street, then construct one stub street to the west; and install a sign at the terminus of Contender Street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 7.8 Construct Cobble Place as a 33 -foot wide street section with curb, gutter, and attached 5 -foot wide concrete sidewalk within 47 -feet of right-of-way. 7.9 Construct a cul-de-sac turnaround with a minimum radius of 45 -feet at the terminus of Cobble Place. -14- EXHIBIT A 7.10 A Traffic Impact Fee will be assessed by ACHD and will be due prior to issuance of a building permit. Please contact the ACHD Planner (see below) for information regarding impact fees. 7.11 Plans shall be submitted to the ACHD Development Services Department for plans acceptance, and impact fee assessment (if an assessment is applicable). 7.12 Comply with the Standard Conditions of Approval as noted below. 7.2 Standard Conditions of Approval 7.2.1 All proposed irrigation facilities shall be located outside of the ACHD right-of-way (including all easements). Any existing irrigation facilities shall be relocated outside of the ACHD right-of-way (including all easements). 7.2.2 Private Utilities including sewer or water systems are prohibited from being located within the ACHD right-of-way. 7.2.3 In accordance with District policy, 7203.6, the applicant may be required to update any existing non-compliant pedestrian improvements abutting the site to meet current Americans with Disabilities Act (ADA) requirements. The applicant's engineer should provide documentation of ADA compliance to District Development Review staff for review. 7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.2.5 A license agreement and compliance with the District's Tree Planter policy is required for all landscaping proposed within ACHD right-of-way or easement areas. 7.2.6 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.2.7 It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACRD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 7.2.8 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 7.2.9 All design and construction shall be in accordance with the ACHD Policy Manual, ISPWC Standards and approved supplements, Constriction Services procedures and all applicable ACHD Standards unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.2.10 Construction, use and property development shall be in conformance with all applicable requirements of ACHD prior to District approval for occupancy. 7.2.11 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of ACRD. The burden shall be upon the applicant to obtain written confirmation of any change from ACHD. 7.2.12 If the site plan or use should change in the future, ACHD Planning Review will review the site plan and may require additional improvements to the transportation system at that time. Any change in the planned use of the property which is the subject of this application, shall require the applicant to -15- EXHIBIT A comply with ACRD Policy and Standard Conditions of Approval in place at that time unless a waiver/variance of the requirements or other legal relief is granted by the ACHD Commission. -16- EXHIBIT A C. Legal Description & Exhibit Map for Annexation Boundary ANNEXATION DESCRIPTION FOR PREAKNESS SUBDIVISION A parcel of land located in the NE 1/4 of the NW 1/4 of Section 25, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho being more particularly described as follows: BEGINNING at the W1/16 corner of said Section 25 from which the N1/4 corner of said Section 25 bears South 89°57'57" East, 1320.16 feet, thence along the North boundary line said Section 25 South 89057'57" East, 300.00 feet; thence along the West boundary line of Kentucky Ridge Estates Subdivision No. 3 as filed in Book 108 of Plats at Pages 15,162 through 15,166, records of Ada County, Idaho and the northerly extension thereof South 00005'02" East, 726.00 feet to the NE corner of Lot 9, Block 5 of said Kentucky Ridge Estates Subdivision No. 3; thence along the North boundary line of said Kentucky Ridge Estates Subdivision No. 3 North 89057'57" West, 300.00 feet to the NE corner of Lot 11, Block 5 of said Kentucky Ridge Estates Subdivision No. 3; thence along the West boundary line of the NE 1/4 of the NW 1/4 of said Section 25 North 00°05'02" West, 726.00 feet to the REAL POINT OF BEGINNING, Containing 5.00 acres, more or less. -17- 24 W1/16 - - - - 25 I POINT I OF BEGINNING Jv JL I EXHIBIT A BASIS OF BEARING S89'57'57"E 1320.16' 300.00' - - - - W. VICTORY ROAD 5.00 ACRES NB9'S7'57"W 300,(T KENTUCKY RIDGE ESTATES NO. 3 10 60 180 0 30 120 SCALE: 1" = 60' 1/4 24 i 1020.1625 '�\� - i wV3 0 LEGEND Q CALCULATED POINT - - - - - — PROPERTY BOUNDARY LINE - - - SECTION LINE RIGHT-OF-WAY LINE IDAHO ANNEXATION EXHIBIT DRAWING FOR t7-as2 1450U Et90 E.WA7ER70YlER5T, PREAKNESS SUBDIVISION SURVEY � / SHEET Nb, S U R V E YC\/ MERIDIAN, IDAHO 83842 GROUP, ('�f' (208184&8570 GROUP, P.C. LOCATED IN THE NE 1/4 OF THE NY! 1/4 OF SECTION 25, T.M., R.RX, B,M., PNG. DATE ADA COUNTY IOAHD 3/15/2017 -18- EXHIBIT A D. Required Findings from Unified Development Code 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; The Applicant proposes to annex the subject property with an R-4 zoning district and develop single- family homes on the site at a gross density of 3.37 dwelling units per acre. The applicant requests Council approval of a "step up" in density from LDR to MDR which will accommodate the proposed density; Council approved the request for a "step up" in density as proposed. The proposed zoning is consistent with the Comprehensive Plan Future Land Use Map designation for this property with the "step up" in density. (See section VII above for more information) b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The Council finds that the proposed map amendment to the R-4 zoning district is consistent with the purpose statement for the residential districts as detailed in Section VIII above. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The Council finds that the proposed map amendment will not be detrimental to the public health, safety, or welfare. City utilities will be extended at the expense of the developer. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The annexation is in the best of interest of the City (UDC 11-513-3.E). The Council finds annexing this property with an R-4 zoning district as requested is in the best interest of the City. 2. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: a. The plat is in conformance with the Comprehensive Plan; The Council finds that the proposed plat is in conforinance with the Comprehensive plan with a "step up" in density as approved. (Please see Comprehensive Plan Policies and Goals, Section VII, of the StaffReport for more information) b. Public services are available or can be made available and are adequate to accommodate the proposed development; The Council finds that public services are available and are adequate to serve the proposed development. (See Exhibit B of the Staff Report for more details fi°orn public service providers) -19- EXHIBIT A c. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because City water and sewer and any other utilities will be provided by the development at their own cost, the Council finds that the subdivision will not require the expenditure of capital improvement fiends. d. There is public financial capability of supporting services for the proposed development; Based on cormnents from public service providers in Exhibit B, the Council finds there is public financial capability of supporting services for the proposed development. (See Exhibit B for more detail) e. The development will not be detrimental to the public health, safety or general welfare; and The 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. f. The development preserves significant natural, scenic or historic features. The Council is unaware of any significant natural, scenic or historic features that exist on this site. -20-