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Paramount Director H-2017-0064ADA COUNTY RECORDER Christopher D. Rich 2017-066052 BOISE IDAHO Pgs=56 HEATHER LUTHER 07/19/2017 04:19 PM CITY OF MERIDIAN, IDAHO NO FEE DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Brighton Development Inc., Owner/Developer �i THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this % 5 day of -3,10 , 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 Brighton Development, Inc., whose address is 12601 W. Explorer Drive, Suite 200, Boise, Idaho 83713, hereinafter called OWNER/ DEVELOPER. 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 S 67-6511 A 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 WHEREAS, 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 1.4 WHEREAS, Owner/Developer has submitted an application for a Preliminary Plat and Development Agreement Modification to remove the Property specifically described in Exhibit "A" from the original Development Agreement (Instrument #1031317116) and the Addendum to Development Agreement (Instrument # 113083665) and the 2" d Addendum to Development Agreement (Instrument # 2016-005060), 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/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 DEVE1.oPA'113NT AGREEtv16N'r- PARAMOUNT DntEc'rolt (H-2017-0064) PAGE 1 01' 8 1.6 WHEREAS, the record of the proceedings for the requested Preliminary Plat and Development Agreement Modification 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 5`" day of July, 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/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 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. 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/DEVELOPER: means and refers to Brighton Development, LLC, whose address is 12601 W. Explorer Drive, Suite 200, Boise, Idaho 83713, DEVELOPMENT AGREEMENT -PARAMOUNT DIRECTOR (H-2017-0064) PAGE 2 OF 8 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 in the County of Ada, City of Meridian as described in Exhibit "A" describing the parcel attached hereto and by this reference incorporated herein as if set forth at length to be removed from the existing Development Agreement (Instrument #1031317116) and the Addendum to Development Agreement (Instrument # 113083665) and the 2nd Addendum to Development Agreement (Instrument # 2016-005060) and bound by this Agreement. 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. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions: a. Direct access to W. Chinden Boulevard and N. Meridian Road is prohibited in accord with UDC 11-3A-3 and 11-31-1413. b. A minimum 35 -foot wide street buffer is required along W. Chinden Boulevard and N. Meridian Road, both entryway corridors and shall be landscaped in accord with the standards listed in UDC II -3B -7C. c. A detached 10 -foot wide multi -use pathway shall be provided along W. Chinden Boulevard and along the west side of N. Meridian Road within a public use easement in accord with UDC 11 -3H -4C.4. The public use easement shall be submitted to the City, approved by City Council and recorded prior to the City Engineer signing the final plat for the phase in which it is located. d. Right-of-way (ROW) shall be reserved in the amount required by the Idaho Transportation Department for the expansion of W. Chinden Boulevard with development of the property adjacent to Chinden Boulevard. e. A Certificate of Zoning Compliance and subsequent building permit application is allowed to be submitted for approval prior to recordation of the first phase of the subdivision where the Encore community pool, clubhouse and activity center is proposed to develop. The first phase final plat shall be recorded prior to issuance of the Certificate of Occupancy for these structures. f. The two accesses via N. Fox Run Way and W. Director St., collector streets, are allowed as depicted on the preliminary plat. Council approved a waiver for the access to the community swimming pool on Lot 86 via W. Director Street in accord with UDC 11-3A-3. DEVELOPMENT AGREEMENT -PARAMOUNT DIRECTOR (H-2017-0064 PAGE 3 OF 8 g. Development of the property shall be generally consistent with the concept plan shown in Exhibit A.7 of the Staff Report that is attached to the Findings of Fact and Conclusions of Law attached hereto at Exhibit `B". Site amenities shall consist of a centrally located swimming pool, clubhouse and outdoor activity center for the Encore development; and a future Paramount community swimming pool located at the southwest corner of the subject development. h. Construction of the street buffer landscaping and associated 10 -foot wide multi -use pathways along W. Chinden Blvd. and N. Meridian Road shall be constructed with the final plat for each phase of development. i. The Homeowner's Association shall maintain the landscaping in all yards within the development to ensure the properties are properly and consistently maintained. 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/Developer's default of this 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 (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/Developer that is not cured after notice as described in Section 7.2, Owner/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/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 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. DEVELOPMENT AGREEMENT - PARAMOUNT DIRECTOR (H-2017-0064 PAGE 4 OF 8 7.4 Delay. 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 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/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 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/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/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 agrees 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 -PARAMOUNT DIRECTOR (H-2017-0064) PAGE 5 OF 8 CITY: City Clerk City of Meridian 33 E. Broadway Ave. Meridian, ID 83642 OWNER/DEVELOPER: Brighton Development Inc. 12601 Explorer Drive, Suite 200 Boise, Idaho 83713 with copy to: City Attorney City of Meridian 33 E. Broadway Avenue Meridian, ID 83642 14.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly 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/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. 18. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided, each party shall act reasonably in giving any consent, approval, or taking any other action under this Agreement. 20. COOPERATION OF THE PARTIES: In the event of any legal or equitable action or other proceeding instituted by any third party (including a governmental entity or official) DEVELOPMENT AGREEMENT -PARAMOUNT DIRECTOR (H-2017-0064) PAGE 6 OF 8 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 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: Brighton Development Inc. CIT5Mor By: ammy de Weerd DEVELOPMENT AGREEMENT- PARAMOUNT DIRECTOR (H-2017-0064) PAGE 7 Of 8 STATE OF IDAHO ) ss: County of Ada, ) � �N 1 On this 1___ day of Jt4: O , 2017, before me, the undersigned, a Notary Public in and for said State, personally appeared J j(-A1tjUkt,1 A• Wil'It ( , known or identified to me to be the vVeS(hvt 4" of Brighton Development Inc. and the person who signed above 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. 1 1/1 1`, -, ( EAWMANDA MCCURRY N OTARY PUBLIC STATE OF IDAHO STATE OF IDAHO ) Not' ' Public for Idaho/ Residing at: /d4.11P My Commission Expires: Y//,S/2V2-_3 ss County of Ada ) _I On this 16' day of Vd V 2017, before me, a Notary Public, personally appeared Tammy de Weerd and C-Jh 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 the day and year in this certificate first above written. ms ••see • __. (SEAL) 1A,• .'•. �?'Iii...• •*sees** Notary Public�r Idaho p �\ Residing at: cad L�`p� Commission expires: -I e, DEVEL.OPMENT AGREEMENT- PARAMOUNT DIRECTOR (H-2017-0064) PAGE 8 OF 8 EXHIBIT A Paramount Director – Exhibit A EXHIBIT A Paramount Director – Exhibit A EXHIBIT A Paramount Director – Exhibit A CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2017-0064 - 1 - CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for a Development Agreement Modification to Accommodate the Proposed Development and Update the Conceptual Development Plan; Preliminary Plat Consisting of 196 Building Lots and 24 Common Lots on 35.64 Acres of Land in the R-15 Zoning District; and Planned Unit Development in the R-15 Zoning District for Paramount Director, by Brighton Investments, LLC. Case No(s). H-2017-0064 For the City Council Hearing Date of: June 27, 2017 (Findings on July 5, 2017) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of June 27, 2017, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of June 27, 2017, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of June 27, 2017, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of June 27, 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. EXHIBIT B CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2017-0064 - 2 - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of June 27, 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 a development agreement modification, preliminary plat and planned unit development is hereby approved per the provisions in the Staff Report for the hearing date of June 27, 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 Planned Unit Development Duration Please take notice that the planned unit development, when granted, shall be valid for a maximum period of two (2) years unless otherwise approved by the City. During this time, the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For planned unit developments that also require platting, the final plat must be signed by the City Engineer within this two (2) year period. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-5B-6.G.1, the Director may authorize a single extension of the time to commence the CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2017-0064 - 3 - use not to exceed one (1) two (2) year period. 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 planned unit development comply with the current provisions of Meridian City Code Title 11(UDC 11-5B-6F). 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 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 June 27, 2017 By action of the City Council at its regular meeting held on the 2017. COUNCIL PRESIDENT KEITH BIRD COUNCIL VICE PRESIDENT JOE BORTON COUNCIL MEMBER ANNE LITTLE ROBERTS COUNCIL MEMBER TY PALMER COUNCIL MEMBER LUKE CAVENER COUNCIL MEMBER GENESIS MILAM day of VOTED CA VOTED Ye< VOTED VOTED VOTED la VOTED MAYOR TAMMY de WEERD VOTED TIE BREAKER) Attest: C.by Coli City Cleric a Mayor Tatm e eerd QO P ED AU(3 j, o 2 City of IDAHO Y SEAL Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney, c y/ 7By: Dated: City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S), H-2017-0064 - 4 - EXHIBIT A Paramount Director – ALT, MDA, PUD, PP, PS H-2017-0064 PAGE 1 STAFF REPORT HEARING DATE: June 27, 2017 TO: Mayor & City Council FROM: Sonya Allen, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Paramount Director – ALT, MDA, PUD, PP, PS (H-2017-0064) I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, Brighton Investments, LLC, has submitted the following applications: Development Agreement Modification (MDA) to accommodate the proposed development and update the conceptual development plan; Preliminary Plat (PP) consisting of 196 building lots and 24 common lots on 35.64 acres of land in the R-15 zoning district; Planned Unit Development (PUD) in the R-15 zoning district; Private Street (PS) for the internal access driveways; and Alternative Compliance (ALT) to the following sections of the UDC: 11-3F-4A.4, which limits gated development to no more than 50 dwelling units; 11-3F-4A.6, which does not allow common driveways to be off of private streets. See Section VIII, Analysis, for more information. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed MDA, PP and PUD applications with the conditions of approval in Exhibit B, based on the Findings of Fact and Conclusions of Law in Exhibit C of the Staff Report. The development agreement modification does not require Commission action; City Council is the decision making body. 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 PP request. a. Summary of Commission Public Hearing: i. In favor: Jon Wardle, Applicant’s Representative ii. In opposition: None iii. Commenting: Joann Smith-Curtis iv. Written testimony: Mike Wardle v. Staff presenting application: Sonya Allen vi. Other staff commenting on application: None b. Key issue(s) of Public Testimony: i. Applicant requested modifications to condition #1.2.3a to include Lot 86 in the note; and #1.2.3d and #1.2.3e to provide pedestrian pathways adjacent to Lots 70 and 103 for pedestrian connections from the sidewalk along W. Lockhart Ln. to the sidewalk along W. Director Street; and EXHIBIT A Paramount Director – ALT, MDA, PUD, PP, PS H-2017-0064 PAGE 2 ii. Ms. Smith-Curtis was of the opinion the proposed density is too high and was concerned about traffic and parking generated by the proposed development. c. Key Issues of Discussion by Commission: i. Parking for the overall development; and ii. Private streets for access within the development. d. Commission Change(s) to Staff Recommendation: i. The Commission approved the modification to conditions #1.2.3a, 1.2.3d and 1.2.3e as requested by the applicant. e. Outstanding Issue(s) for City Council: i. None The Meridian City Council heard these items on June 27, 2017. At the public hearing, the Council approved the subject MDA, PUD and PP requests. a. Summary of City Council Public Hearing: i. In favor: Mike Wardle and David Turnbull, Brighton Corporation (Applicants) ii. In opposition: None iii. Commenting: None iv. Written testimony: Mike Wardle, Applicant’s Representative (in agreement with the revised Commission’s recommendation to Council) v. Staff presenting application: vi. Other staff commenting on application: None b. Key issue(s) of Public Testimony: i. None c. Key Issues of Discussion by Council: i. Council very much liked the proposed development; ii. The request for a waiver to allow the driveway access to the common area where the community swimming pool is proposed via Director Street, a collector street. d. Key Council Changes to Commission Recommendation i. Council approved the applicant’s request for a waiver for access via Director Street, a collector street, for the common area where the community pool is proposed (see Exhibit A.7, condition #7). III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2017- 0064 as presented in the staff report for the hearing date of June 27, 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-2017-0064, as presented during the hearing on June 27, 2017, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number H-2017-0064 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: EXHIBIT A Paramount Director – ALT, MDA, PUD, PP, PS H-2017-0064 PAGE 3 The subject property is located at the southwest corner of W. Chinden Blvd. and N. Meridian Road, in the northeast ¼ of Section 25, Township 4 North, Range 1 West. B. Applicant: Brighton Investments, LLC 12601 W. Explorer Drive, Suite 200 Boise, ID 83713 C. Owner: Same as applicant D. Representative: Michael D. Wardle, Brighton Corporation 12601 W. Explorer Drive, Suite 200 Boise, ID 83713 E. Applicant's Statement/Justification: Please see applicant’s narrative for this information. V. PROCESS FACTS A. The subject application is for a development agreement modification, which only requires a public hearing before the City Council; a preliminary plat and planned unit development which both require a public hearing before the Planning & Zoning Commission and City Council, and the Director is the decision maker on the alternative compliance and private street request, 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 5, 2017 (Commission); June 8, 2017 City Council) D. Applicant posted notice on site by: May16, 2017 (Commission); June 14, 2017 (City Council) VI. LAND USE A. Existing Land Use(s) & Zoning: This site consists of vacant/undeveloped land, zoned R-15 B. Character of Surrounding Area and Adjacent Land Use and Zoning: North: W. Chinden Blvd., agricultural and commercial land, zoned MU-DA in Ada County South: W. Director Street and single-family residential properties, zoned R-8 East: N. Meridian Road and a church, zoned RUT in Ada County West: N. Fox Run Way and single-family residential properties, zoned R-8; and an assisted living facility, zoned C-C C. History of Previous Actions: In 2013, the subject property was annexed (AZ-13-005, Paramount Northeast). A Development Agreement (DA) modification application (H-2015-0022) was approved in 2015 to include the annexation area in the existing DA (Inst. No. 1031317116, amended as Inst. No. 113083665) for Paramount Subdivision, recorded as Instrument No. 2016-005060. In January 2016, a preliminary plat (Paramount North Forty, H-2016-0034) was approved for the subject property. A final plat was never submitted. EXHIBIT A Paramount Director – ALT, MDA, PUD, PP, PS H-2017-0064 PAGE 4 In December 2016, the property received the following approvals: A modification to the development agreement (2nd addendum, recorded as Instrument 2015-005060) to amend certain provisions of the agreement and include a conceptual development plan for the site (3rd addendum, recorded as Instrument #2017-003462); A rezone of 37.31 acres of land from the C-C and TN-R zoning districts to the R-15 zoning district; and A preliminary plat consisting of 196 building lots, 12 common area lots and 2 future right-of-way lots on 35.63 acres of land in the R-15 zoning district. This development was proposed to consist of (98) age-qualified (55+) 1-story townhomes configured in quads” and (98) 2-story single-family attached homes. D. Utilities: Location of sewer: Sanitary sewer mains intended to serve the eastern portion of the subject site currently exist directly adjacent to the subject parcel in W. Director Street, and a main intended to provide service to the western portion of the subject site currently exists in the Paramount Veranda Assisted Living project. Location of water: Water mains intended to serve the eastern portion of the subject site currently exist directly adjacent to the subject parcel in W. Director Street, and a main intended to provide service to the western portion of the subject site currently exists in the Paramount Veranda Assisted Living project. Issues or concerns: None E. Physical Features: 1. Canals/Ditches Irrigation: The North Slough crosses the southwest corner of this site. 2. Hazards: Staff is unaware of any hazards that may exist on this site. 3. Flood Plain: This property does not lie within the floodplain or flood way. VII. COMPREHENSIVE PLAN ANALYSIS Land Use: Approximately 26 acres of the site is designated Mixed Use - Community (MU-C) and approximately 15 acres is designated Medium Density Residential (MDR) on the Future Land Use Map (FLUM) contained in the Comprehensive Plan. The purpose of the MU-C designation is to allocate areas where community-service uses and dwellings are seamlessly integrated into the urban fabric. The intent of the MU-C designation is to integrate a variety of uses, including residential, and to avoid mainly single-use and strip commercial type buildings. Development should comply with the general guidelines for development in all mixed use areas and have a mix of at least 3 land use types. Residential uses should comprise a minimum of 20% of the development area at densities ranging from 6 to15 units/acre. See pages 27-28 in the Comprehensive Plan for more information. The intent of the MDR designation is to allow smaller lots for residential purposes within City limits. Uses may include single-family homes at gross densities of 3 to 8 units/acre. The applicant proposes to develop the site with a mix of single-family attached and detached homes consisting of a total of 196 units at a gross density of 5.5 dwelling units per acre and a net density of 11.87 units per acre. Single-family homes, which include attached and detached, are listed as an appropriate use in the MDR designation but are not specifically listed as an appropriate use in the MU-C designation; townhomes (3 or more attached units on individual properties) are listed as an appropriate use. Because single-family attached, detached and townhome units are all located on EXHIBIT A Paramount Director – ALT, MDA, PUD, PP, PS H-2017-0064 PAGE 5 individual lots, the proposed density and the R-15 zoning district is consistent with both FLUM designations for this site. Staff also believes the proposed age qualified 55+ housing is appropriate for this site as it may provide for additional housing options for the City. This site is located at the corner of a major arterial intersection (W. Chinden Blvd./N. Meridian Rd.). A residential care facility was recently constructed at the west boundary of this site at the southeast corner of Chinden & Fox Run; and a church, private school, and Zamzow’s retail store exist to the east across Meridian Road along the south side of E. Chinden Blvd. The proposed development will contribute to the variety of residential housing options and mix of uses in this area. The following items from the Comprehensive Plan are considered when reviewing development applications in Mixed Use areas: (Staff’s analysis in italics) Residential densities should be a minimum of 6 dwelling units/acre.” (pg. 23) The proposed gross density of the development is 5.5 dwelling units/acre and net density is 11.87 dwelling units per acre, consistent with that desired in the MDR designation but slightly below that desired in MU-C designated areas. The density is slightly lower that desired due to the amount of open space the applicant desires for the proposed development. Where feasible, higher density and/or multi-family residential development will be encouraged, especially for projects with the potential to serve as employment, destination centers and when the project is adjacent to US 20/26, SH-55, SH-16 or SH-69.” (pg. 23) The proposed project provides for higher density residential development adjacent to US 20/26 (Chinden Blvd.) from the adjacent lower density single-family residential properties to the south and contributes to the variety of housing options in this area. This area is predominately developed with single family detached residential homes; a residential care facility is constructed to the west. Staff believes the proposed mix of attached and detached units for residents 55 and older will provide additional housing options at a higher density near employment and mobility corridors. A mixed use project should include at least 3 types of land uses; exceptions may be granted for smaller sites on a case by case basis.” (pg. 24) The overall mixed use designated area as a whole consists of a variety of uses including single-family detached homes, a residential care facility, a church, a private school and a retail store (Zamzow’s). There is also quite a bit of land to the west within the MU-C designated area that is yet to develop which will further contribute to the variety of uses in this area. Support a variety of residential categories (low-, medium-, medium-high and high-density single-family, multi-family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities.” (3.07.01E) Although staff is unaware of how “affordable” the proposed units will be, the medium density development will contribute to the variety of lot sizes, prices and types of housing in this area. Provide for a wide diversity of housing types (single-family, modular, mobile homes and multi-family arrangements) and choices between ownership and rental dwelling units for all income groups in a variety of locations suitable for residential development.” (3.07.03B, pg. 56) The proposed attached and detached single-family homes will contribute to the diversity in housing types as well as provide for age qualified (55+) housing in this area; independent living rental units with services provided by the adjoining Veranda assisted living facility to EXHIBIT A Paramount Director – ALT, MDA, PUD, PP, PS H-2017-0064 PAGE 6 the west are also proposed. Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City.” (3.01.01F, pg. 45) City services are available to be extended to this development. Restrict private curb cuts and access points on collectors and arterial streets.” (3.06.02D) There are no direct access points for this site proposed via Chinden Blvd., a state highway, or N. Meridian Road, an arterial street. An access via N. Fox Run Way, a collector street, was previously approved for this property; one other access is proposed via W. Director Street, a collector street. Access via a local street is not available. Ensure development provides safe routes and access to schools, parks and other community gathering places.” (3.07.02N) A detached 10-foot wide multi-use pathway is required along W. Chinden Blvd. and N. Meridian Road and exists along W. Director Street which will provide a safe route to the church and private school to the east and the internal amenities and public schools to the west as well as other community gathering places in the vicinity. Require common area in all subdivisions.” (3.07.02F) A minimum of 10% qualified open space is required to be provided with this development; the applicant proposes to provide 20.9%, well above the required amount. Encourage and promote the preservation and expansion of Chinden Boulevard (US 20/26) by ITD (3.03.02L). The applicant has depicted land for future ROW dedication on the plat along Chinden Blvd. for the expansion of the highway. Elevate quality of design for houses and apartments; evaluate the need for design review guidelines for single-family homes.” (3.07.02O) Staff finds the design and quality of homes proposed in this development is high based on the concept elevations provided in Exhibit A.4. 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 permitted P), accessory (A), conditional (C), and prohibited (-) uses in the R-15 district. Any use not explicitly listed, or listed as a prohibited use is prohibited. Single-family detached and attached dwellings are a principally permitted use in the R-15 district. C. Dimensional Standards: The dimensional standards listed in UDC Table 11-2B-3 for the C-G zoning district apply to development of this site. EXHIBIT A Paramount Director – ALT, MDA, PUD, PP, PS H-2017-0064 PAGE 7 D. Landscaping Standards (UDC 11-3B): The standards for landscaping contained in UDC 11-3B and 11-4-3-27F apply to development of this site. E. Common Open Space and Site Amenity Requirements: Common open space and site amenities are required to be provided on the site in accord with the requirements listed in UDC 11-3G. F. Structure and Site Design Standards: The proposed attached dwellings must comply with the design standards in accord with the Architectural Standards Manual (ASM). VIII. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: 1. DEVELOPMENT AGREEMENT MODIFICATION (MDA): A modification to the existing development agreement (DA) (Instrument No. 2017-003462) is requested to accommodate the proposed development and update the conceptual development plan (see Exhibits A.5 and A.6). The applicant proposes to remove the Veranda (assisted living facility) property and associated references from the DA and update the agreement with the proposed development plan. To accomplish this, staff recommends the existing DA is amended to remove the subject property and associated references, and a new DA is created for the subject property with new provisions applicable to only this property. The existing DA will still apply to the recently constructed Veranda assisted living facility, the vacant/undeveloped property at the southwest corner of Fox Run & Chinden Blvd. and the common area along the north side of W. Director St. Staff has reviewed the existing DA and recommends the changes noted in Exhibit A.6 and the new provisions for the subject property in Exhibit A.7. Staff has transferred the existing provisions to the new agreement that apply to development of the subject property (see Exhibits A.6 and A.7 for more information). New legal descriptions should be submitted for the area remaining in the existing DA and the area proposed to be governed by the new DA. The proposed conceptual development plan depicts a 196-unit single-family development consisting of both attached and detached units for age qualified 55 and older residents. A central common area is proposed that will contain a swimming pool, clubhouse, and outdoor activity complex. A future Paramount community swimming pool is also proposed at the southwest corner of the site. Staff recommends future development substantially complies with this plan. 2. PRELIMINARY PLAT (PP): A preliminary plat is proposed that consists of 196 building lots and 24 common lots on 35.64 acres of land in the R-15 zoning district. The subdivision is proposed to develop in two phases with the western portion developing first as shown on the phasing plan in Exhibit A.2. A mix of single-family attached and detached structures are proposed within this development, all for age qualified 55 and older housing. Some will be independent living rental units with services provided by the adjoining Veranda assisted living facility to the west. Dimensional Standards: The lots in the proposed subdivision are required to comply with the dimensional standards of the R-15 zoning district listed in UDC Table 11-2A-7 and the subdivision design and improvement standards listed in UDC 11-6C-3B. Reductions to the front and side setbacks and block length standards are requested with the Planned Unit Development see Planned Unit Development section below for more detail). Building setbacks for the R-15 zoning district listed in UDC Table 11-2A-7 are as follows: street setback to garage off a local street – 20’, street setback to garage off an alley – 5’, street setback to living area off a local street – 10’, street setback to living area off an alley – 5’; interior side setback – 3’, and rear setback – 12’. EXHIBIT A Paramount Director – ALT, MDA, PUD, PP, PS H-2017-0064 PAGE 8 Access: One access is proposed via N. Fox Run Way, a collector street, which was previously approved with the development agreement and is shared with the residential care facility; and one access is proposed via W. Director Street, a collector street, in alignment with N. Garbo Ave. to the south. Another access is proposed via W. Director St. for sole access to Lot 86, which will contain a future community swimming pool for the Paramount development. This access requires Council approval of a waiver to UDC 11-3A-3 which restricts access via collector streets. Direct access is not proposed or allowed via W. Chinden Blvd. and/or N. Meridian Road per UDC 11-3A-3. The existing curb cut via Director located approximately 430’ west of Meridian Road is required to be removed. The Idaho Transportation Department (ITD) is the transportation authority for US 20-26/W. Chinden Blvd. abutting this development on the north. The Ada County Highway District ACHD) is the transportation authority for all other public streets abutting this development. ITD has not submitted comments on this application; ACHD’s comments are included in Exhibit B, Sections 7. Future ROW Dedication: A 30-foot wide strip of land on the north side of Lot 1, Block 1 adjacent to W. Chinden Blvd. (SH 20-26) is depicted on the plat as reserved for future right-of- way (ROW); and a 12-foot wide strip of land on the east side of Lot 1, Block 1 along N. Meridian Road is depicted as reserved for future ROW in addition to 25 feet of ACHD prescriptive ROW for the expansion of these streets. Private Streets: Private streets are required to comply with the standards listed in UDC 11-3F-4. Twenty-nine (29) foot wide private streets are proposed internally for access to the proposed lots. Private streets are not typically intended for single-family developments; however, because the development is proposed to be gated and creates common mews through the site design, staff is of the opinion that private streets are appropriate to provide better circulation and safety within the development. Staff has reviewed the UDC standards for private streets and found the proposed development in compliance except for the following: 1) the proposed development shall have no more than 50 dwelling units; 2) no common driveways shall be allowed off of a private street. The applicant has applied for alternative compliance to these standards (see Alternative Compliance below for more information). Because the streets are less than 32-feet in width, parking is only allowed on one side of the street; the other side of the street should be signed “No Parking”. Gates: The standards for gated developments are listed in UDC 11-3F-4A.4. Gated entries are proposed for this development. Staff has reviewed the standards and found the development not in compliance with the following standards: 1) the number of dwelling units are limited to 50 (196 units are proposed); and, 2) unrestricted access is required to be provided to pedestrians and bicycles at a minimum of 2 additional points within the development (no such accesses are provided). The applicant has applied for alternative compliance to the limit on the number of homes (see Alternative Compliance below for more information). Staff recommends pedestrian pathways are added to the development plan – one from the sidewalk along Director St. west of Garbo Ln. to the sidewalk along Lockhart; and one to the sidewalk along Meridian Road from the sidewalk along N. Borgnine Ln. Alleys: Alleys are required to comply with the standards listed in UDC 11-6C-3B.5. The plans appear to comply with these standards except for the following: alleys shall be designed so that the entire length is visible from a public street. None of the alleys are visible from public streets as all of the interior streets are private – all of the alleys except for one are EXHIBIT A Paramount Director – ALT, MDA, PUD, PP, PS H-2017-0064 PAGE 9 visible from the private streets. The applicant requests the proposed alleys are approved as part of the PUD (see Planned Unit Development section below for more information). Common Driveways: Common driveways are required to comply with the standards listed in UDC 11-6C-3D. Several common driveways are proposed within this development. All properties that abut a common driveway shall take access from the driveway unless the abutting property has the required minimum street frontage in which case the driveway should be on the opposite side of the shared property line away from the common driveway; this applies to Lots 67 and 71. The UDC (11-6C-3E.7) requires any plats using a common driveway to depict the setbacks, building envelope, and orientation of the lots and structure that are accessed via a common driveway on the preliminary plat and/or as an exhibit with the final plat application. The applicant is required to submit an exhibit with the final plat application as required. A perpetual ingress/egress easement is required to be filed with the Ada County Recorder, which shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment, for the common driveways. Landscaping: A 35-foot wide street buffer is required along US-20/26/W. Chinden Blvd., a state highway/arterial street and along N. Meridian Road, an arterial street (both entryway corridors); and a 20-foot wide street buffer is required along N. Fox Run Way, a collector Street. Landscaping is required within the street buffers in accord with the standards listed in UDC 11- 3B-7C. The plat depicts a 75-foot wide buffer along Chinden Blvd. – 30’ of which is reserved for future ROW; and a 40-foot wide buffer along Meridian Rd. – 12’ of which is reserved for future ROW. The common area proposed along Chinden Blvd. and Meridian Road for future right-of-way for the expansion of these streets is required to be landscaped in the interim with vegetative groundcover in accord with UDC 11-3B-7C.5. A 25’ wide irrigation easement for the North Slough exists along the east boundary of this site within the street buffer along N. Meridian Road; no trees are allowed within this easement. This area is required to be landscaped with one tree every 35 linear feet. Street trees are proposed within the parkway outside of the easement area. Parkways: All parkways shall be constructed in accord with the standards listed in UDC 11-3A- 17. Eight-foot wide parkways are proposed along internal private streets and along N. Meridian Road. Common Open Space & Site Amenities: Based on the size of the proposed development, a minimum of 10% (or 3.6 acres) of qualified open space is required as set forth in UDC 11-3G-3B; and a minimum of one qualified site amenity is required as set forth in UDC 11-3G-3C. A total of 7.46 acres (or 20.9%) of qualified open space is proposed consisting of half of the 35- foot wide street buffers required along W. Chinden Blvd. and N. Meridian Road, both arterial streets, plus additional area outside of the required buffer that’s part of those lots; all of the street buffer and common area along N. Fox Run Way and W. Director Street (within the boundary of the proposed plat), both collector streets; parkways; and, common areas where amenities for the development are proposed. Proposed site amenities consist of a swimming pool, clubhouse and outdoor activity complex in the center of the development; segments of the City’s multi-use pathway system along W. Chinden Blvd. and N. Meridian Rd., and a future Paramount community swimming pool at the southwest corner of the development in compliance with UDC standards. EXHIBIT A Paramount Director – ALT, MDA, PUD, PP, PS H-2017-0064 PAGE 10 Pathways: A 10-foot wide multi-use pathway is required to be provided per the Pathways Master Plan along W. Chinden Blvd. and N. Meridian Road as proposed. A 10-foot wide pathway also exists off-site along W. Director Street adjacent to the south boundary of the site. Staff recommends a 15-foot wide common lot with a 5-foot wide pathway is provided along the east side of this site from the sidewalk along N. Borgnine Ln. to the sidewalk along N. Meridian Road. Sidewalks: The UDC (11-3A-17) requires 5-foot wide detached sidewalks to be constructed along collector streets. A 4-foot wide detached sidewalk currently exists along Fox Run Way; ACHD is requiring the sidewalk to be reconstructed to comply with ADA standards. Although not required, 5’ wide detached sidewalks are proposed internally on both sides of the private streets. Fencing: All fencing shall comply with the standards listed in UDC 11-3A-7A and 11-3H-4D. Fencing is depicted on the landscape plan; however, no details as to the type of fencing are provided. The applicant states 6-foot tall wood fencing will be installed around the perimeter of the development to match that in the rest of Paramount Subdivision. Internal fencing is proposed to be a combination of wood and open metal depending on the location, orientation of homes and common area. 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. Noise Abatement: Noise abatement is required for residential uses adjoining state highways (i.e. US 20-26/Chinden Blvd.) as set forth in UDC 11-3H-4D. The applicant has submitted a cross- section of the berm and pathway proposed along Chinden Blvd. and Meridian Road that also includes a fence/wall (see Sheet PP4.2 of the landscape plan in Exhibit A.3.). A detail of the fence/wall should be submitted with the final plat application that complies with this standard. Waterways: The North Slough has been relocated and is located within a 40-foot wide easement along the west boundary of this site and has been tiled. A 25’ wide irrigation easement for the North Slough No. 2 is depicted on the plat along N. Meridian Road. No trees are proposed or allowed within this easement. A 25’ wide irrigation easement exists along the south and west boundaries of this development. The corner of Lot 104 encroaches within this easement. An encroachment agreement is required for the lot to encroach within this easement; or, the lot should be reconfigured so that it doesn’t encroach within the easement. Utilities: All development is required to connect to the City water and sewer system unless otherwise approved by the City Engineer in accord with UDC 11-3A-21. Street lighting is required to be installed within the development in accord with the City’s adopted standards, specifications and ordinances. Pressurized Irrigation (PI): An underground PI system is proposed to be provided to each lot in the subdivision in accord with UDC 11-3A-15. The system will be operated and maintained by the Homeowner’s Association. Storm Drainage: A storm drainage system is required for the development in accord with the City’s adopted standards, specifications and ordinances. Design and construction shall follow best management practice as adopted by the City in accord with UDC 11-3A-18. Stormwater is proposed to be retained in an onsite detention area in accord with ACHD requirements. EXHIBIT A Paramount Director – ALT, MDA, PUD, PP, PS H-2017-0064 PAGE 11 Building Elevations: Nine conceptual building elevations were submitted for homes within this development. Six different styles/types of homes are proposed consisting of cottage, with front and alley accessed garages; quad cottage, with alley accessed garages; traditional, with alley accessed garages; patio, with front accessed garages; and, traditional, mew lots with alley accessed garages (see lot types in Exhibit A.4). Construction materials consist of stucco and horizontal & vertical siding with stone veneer accents. All attached structures are required to comply with the residential design standards listed in the Architectural Standards Manual. An administrative design review application must be submitted to the Planning Division and approved prior to submittal of building permit applications; one design review application may be submitted for the overall development. 3. PLANNED UNIT DEVELOPMENT (PUD) The applicant requests approval of a PUD. The purpose of PUD’s is to provide an opportunity for exemplary site development that preserves natural, scenic and historic features of importance; allows for innovative design that creates visually pleasing and cohesive patterns of development; and, creates functionally integrated development that allows for a more efficient and cost effective provision of public services. Deviations from the underlying district requirements may be approved through this type of application. Variety of Housing Types: A variety of housing types is desired in a planned development. The applicant proposes a mix of attached units, detached units (patio homes), 1-bedroom independent living units, front-loaded, alley-loaded, common driveway accessed units, and units fronting on mews (i.e. cottage with front and alley accessed garages; quad cottage with alley accessed garages; traditional with alley accessed garages; patio with front accessed garages; and, traditional mew lots with alley accessed garages (see lot types in Exhibit A.4). Building Clusters: In accord with the PD standards in regard to building clusters, the proposed structures will be clustered to enable the creation of 3 large usable common areas – 2 mews that homes front on and the community center complex facing the Director Street gated entrance. Density: The residential density of the proposed development is 10.66 units per acre as calculated per the density formula in UDC 11-7-4C.3 (196 units/18.38 acres of residential area), which is consistent with the density desired in MU-C designated areas and slightly above that desired in MDR designated areas. Private Open Space: In addition to the common open space and site amenity requirements in UDC 11-3G-3, a minimum of 80 square feet of private usable open space is required to be provided for each unit. An exhibit (floor plan) should be submitted with the Administrative Design Review application(s) demonstrating compliance with this requirement. Parking: The applicant’s narrative states that the project doesn’t deviate from the UDC’s parking standards as follows for age restricted elderly housing (attached or detached): 1-bedroom units require one half space per bed; 2+ bedroom units require 2 per dwelling units, at least one in an enclosed garage, other space may be enclosed or a minimum 10’ x 20’ parking pad. The applicant clarifies the proposed parking as follows: 1-bedroom units feature 1-car garages; 2- bedroom units feature 2-garage spaces. An additional 24 spaces are proposed between the east & west sides of Lot 179, the central common area where the amenities are located; another 18 common lot spaces are proposed in 8 locations adjacent to the 20’ wide alleys; and parking is allowed on one side of the private streets which will allow for guest parking. Staff recommends the applicant coordinate with the Fire Department on placement of “No Parking” signs and painting of the curbs red where no parking is allowed so that fire trucks can maneuver the streets (and corners) in the event of an emergency. EXHIBIT A Paramount Director – ALT, MDA, PUD, PP, PS H-2017-0064 PAGE 12 Deviations from Underlying District Requirements: With a PUD application, deviations from the underlying district requirements may be approved. The exception is that along the periphery of the planned development, the applicable setbacks as established by the district may not be reduced, per UDC 11-7-4A.1. The applicant requests deviations from UDC standards as follows: Alleys:UDC 11-6C-3B.5e requires alleys to be designed so that the entire length is visible from a public street. Because only private sterets are proposed within this development, none of the alleys are visible from public streets. Only one of the alleys along the north boundary of the development is not visible from the adjacent private streets. The applicant requests approval of this design through the PUD. Block Face: The block face that faces W. Pavilion Ln. and W. Lockhart Lane, west of N. Garbo Ln., exceeds the maximum block face length allowed in residential districts of 750’ without an intersecting street or alley. Staff recommends a minimum 15’ wide common lot for a pedestrian pathway is provided midway within the block the faces Lockhart to comply with UDC standards, which will provide pedestrian connectivity to/from the adjacent multi-use pathway; provision of a pathway allows the block face to extend up to 1,000’. The block that faces W. Pavilion Ln. measures approximately 1,590’ without an intersecting street or alley. The UDC allows Council to approve block faces up to 1,200 when the block is constrained by site conditions such as an abutting arterial street or highway and steep slopes in excess of 10%. Because the block is constrained by the abutting state highway and steep berm proposed for sound attenuation, the applicant requests Council approval of the proposed block length as part of the PUD. As mitigation for the long block lengths, staff recommends some sort of traffic calming is provided to reduce the speed of traffic. Setbacks: The applicable setbacks for the R-15 district are as follows: UDC TABLE 11-2A-7 DIMENSIONAL STANDARDS FOR THE R-15 DISTRICT R-15 Standard Requirement Street setback1 to garage (in feet): Local 20 Alley 5 Street setback1 to living area (in feet): Local 10 Alley 5 Interior side setback (in feet) 3 Rear setback (in feet) 12 Note: 1. Measured from back of sidewalk. EXHIBIT A Paramount Director – ALT, MDA, PUD, PP, PS H-2017-0064 PAGE 13 The applicant requests deviations from the above-noted standards with the PUD as follows: Because 8’ wide parkways and 5’ wide detached sidewalks are proposed on both sides of the private streets, the actual setbacks from the street will be greater than as is typical with attached sidewalks and no parkways along local streets. The proposed side setback is actually a foot greater than that required by the UDC. Staff is amenable to the garage setbacks proposed from the alleys/common driveways as the reduced setbacks are such that parking off the alley/common driveway isn’t feasible and thus, won’t block the alley/driveway. Approval: In approving the planned development, the council may prescribe appropriate conditions, additional conditions, bonds, and safeguards in conformity with this title that: 1. Minimize adverse impact of the use on other property. 2. Control the sequence and timing of the use. 3. Control the duration of the use. 4. Assure that the use and the property in which the use is located is maintained properly. Staff recommends the HOA maintain the landscaping in all yards within the development to ensure the properties are properly and consistently maintained. 5. Designate the exact location and nature of the use and the property development. 6. Require the provision for on site or off site public facilities or services. 7. Require more restrictive standards than those generally required in this title. 8. Require mitigation of adverse impacts of the proposed development upon service delivery by any political subdivision, including school districts, which provides services within the city. 4. Alternative Compliance The applicant requests alternative compliance to the following sections of the UDC as discussed above: 11-3F-4A.4b – The proposed development shall have no more than 50 dwelling units (for a gated development). The gated development proposes 196 units. 11-3F-4A.6 – No common driveways shall be allowed off of a private street. Seven common driveways are proposed off private streets within the development. Requests for alternative compliance are allowed only when one or more of the conditions listed in UDC 11-5B-5B.2 exist. One of those conditions reads, “The proposed design includes innovative design features based on “new urbanism”, “neo-traditional design”, or other architectural and/or site designs that promote walkable and mixed use neighborhoods.” The applicant believes this projects’ unique site design of gated private streets, alleys, common driveways, common areas and pathways in combination with the character and diversity of the proposed dwellings provide a superior means for meeting the requirements. Staff concurs. EXHIBIT A Paramount Director – ALT, MDA, PUD, PP, PS H-2017-0064 PAGE 14 Staff recommends approval of the proposed MDA, PP and PUD applications with the conditions included in Exhibit B. IX. EXHIBITS A. Drawings/Other 1. Vicinity Map 2. Proposed Preliminary Plat (dated: 4/19/17) & Phasing Plan 3. Proposed Landscape Plan (dated: 4/19/17) 4. Proposed Site Layout with Housing Types & Conceptual Building Elevations 5. Applicant’s Proposed Modifications to Development Agreement (Instrument No. 2017-003462) 6. Staff’s Recommended Changes to Existing Development Agreement (Instrument No. 2017- 003462) 7. Staff’s Recommended Provisions for New Development Agreement, Legal Description for Property Subject to the New Agreement and Conceptual Development Plan B. Agency & Department Comments/Conditions C. Required Findings from Unified Development Code EXHIBIT A Paramount Director – ALT, MDA, PUD, PP, PS H-2017-0064 PAGE 15 Exhibit A.1: Vicinity Map EXHIBIT A Paramount Director – ALT, MDA, PUD, PP, PS H-2017-0064 PAGE 16 Exhibit A.2: Proposed Preliminary Plat (dated: 4/19/17) & Phasing Plan EXHIBIT A Paramount Director – ALT, MDA, PUD, PP, PS H-2017-0064 PAGE 17 EXHIBIT A Paramount Director – ALT, MDA, PUD, PP, PS H-2017-0064 PAGE 18 EXHIBIT A Paramount Director – ALT, MDA, PUD, PP, PS H-2017-0064 PAGE 19 Exhibit A.3: Proposed Landscape Plan (dated: 4/19/17) EXHIBIT A Paramount Director – ALT, MDA, PUD, PP, PS H-2017-0064 PAGE 20 EXHIBIT A Paramount Director – ALT, MDA, PUD, PP, PS H-2017-0064 PAGE 21 Exhibit A.4: Proposed Site Layout with Housing Types & Conceptual Building Elevations EXHIBIT A Paramount Director – ALT, MDA, PUD, PP, PS H-2017-0064 PAGE 22 EXHIBIT A Paramount Director – ALT, MDA, PUD, PP, PS H-2017-0064 PAGE 23 EXHIBIT A Paramount Director – ALT, MDA, PUD, PP, PS H-2017-0064 PAGE 24 Exhibit A.5: Applicant’s Proposed Modifications to Development Agreement (Instrument No. 2017- 003462) EXHIBIT A Paramount Director – ALT, MDA, PUD, PP, PS H-2017-0064 PAGE 25 Exhibit A.6: Staff’s Recommended Changes to Existing Development Agreement (Instrument No. 2017- 003462) SECTION 6: CONDITIONS GOVERNING DEVELOPMENT OF PROPERTY: Owner/Developer shall develop the property in accordance with the original Development Agreement Instrument #1031317116) and the Addendum to Development Agreement (Instrument # 113083665) and the 2nd Addendum to Development Agreement (Instrument # 2016-005060). In addition, the following provisions shall also be required: 1. Direct access to W. Chinden Boulevard and N. Meridian Road is prohibited in accord with UDC 11-3A-3 and 11-3H-4B. 2. A minimum 35-foot wide street buffer is required along W. Chinden Boulevard, an entryway corridor and shall be landscaped in accord with the standards listed in UDC 11-3B-7C. 3. A detached 10-foot wide multi-use pathway shall be provided along W. Chinden Boulevard, along the west side of N. Meridian Road, and along the north side of W. Director Street within a public use easement in accord with UDC 11-3H-4C.4. The public use easement shall be submitted to the City, approved by City Council and recorded prior to the City Engineer signing the final plat. 4. Right-of-way (ROW) shall be reserved in the amount required by the Idaho Transportation Department for the expansion of W. Chinden Boulevard with development of the properties adjacent to Chinden Boulevard. 5. A Certificate of Zoning Compliance and subsequent building permit application is allowed to be submitted for approval prior to recordation of the first phase of the subdivision where the assisted living facility is proposed to develop. The first phase final plat shall be recorded prior to issuance of the Certificate of Occupancy for the assisted living facility. 6. The two accesses via N. Fox Run Way, a collector street, are allowed as depicted on the site plan. 7. Development of the property at the southeast corner of W. Chinden Blvd. and N. Fox Run Way where the assisted living facility is proposed shall be generally consistent with the concept plan shown in Exhibit A.4 of the Staff Report that was approved with the Findings of Fact and Conclusions of Law approved by Meridian City Council on December 6, 2016, attached hereto as Exhibit “B”. 8. A modification of the development agreement is required to include a conceptual development plan for the property located at the southwest corner of W. Chinden Blvd. and N. Meridian Road and at the southwest corner of W. Chinden Blvd. and N. Fox Run Way prior to submittal of a Certificate of Zoning Compliance application (if required) or issuance of any building permits. The concept plan(s) should include a site plan showing access and circulation and a mix of land use types. 9. Construction of the street buffer landscaping and associated 10-foot wide multi-use pathways along W. Chinden Blvd. and N. Meridian Road shall be constructed with the final plat for each phase of development. A new legal description shall be submitted for the area remaining in the existing DA (the overall Paramount development including the Veranda property and the C-C property at the southwest corner of Fox Run/Chinden). EXHIBIT A Paramount Director – ALT, MDA, PUD, PP, PS H-2017-0064 PAGE 26 Exhibit A.7: Staff’s Recommended Provisions for New Development Agreement, Legal Description for Property Subject to the New Agreement and Conceptual Development Plan CONDITIONS GOVERNING DEVELOPMENT OF PROPERTY: 1. Direct access to W. Chinden Boulevard and N. Meridian Road is prohibited in accord with UDC 11-3A-3 and 11-3H-4B. 2. A minimum 35-foot wide street buffer is required along W. Chinden Boulevard and N. Meridian Road, both entryway corridors, landscaped in accord with the standards listed in UDC 11-3B-7C. 3. A detached 10-foot wide multi-use pathway shall be provided along W. Chinden Boulevard and along the west side of N. Meridian Road within a public use easement in accord with UDC 11- 3H-4C.4. The public use easement shall be submitted to the City, approved by City Council and recorded prior to the City Engineer signing the final plat for the phase in which it is located. 4. Right-of-way (ROW) shall be reserved in the amount required by the Idaho Transportation Department for the expansion of W. Chinden Boulevard with development of the property adjacent to Chinden Boulevard. 5. All attached structures are required to comply with the residential design standards listed in the Architectural Standards Manual. 6. A Certificate of Zoning Compliance and subsequent building permit application is allowed to be submitted for approval prior to recordation of the first phase of the subdivision where the Encore community pool, clubhouse and activity center is proposed to develop. The first phase final plat shall be recorded prior to issuance of the Certificate of Occupancy for these structures. 7. The two accesses via N. Fox Run Way and W. Director St., collector streets, are allowed as depicted on the preliminary plat. Council approvaled of a waiver for the access to the community swimming pool on Lot 86 via W. Director Street is required in accord with UDC 11-3A-3. 8. Development of the property shall be generally consistent with the concept plan shown in Exhibit A.7 of the Staff Report. Site amenities shall consist of a centrally located swimming pool, clubhouse and outdoor activity center for the Encore development; and a future Paramount community swimming pool located at the southwest corner of the subject development. 9. Construction of the street buffer landscaping and associated 10-foot wide multi-use pathways along W. Chinden Blvd. and N. Meridian Road shall be constructed with the final plat for each phase of development. 10. The Homeowner’s Association shall maintain the landscaping in all yards within the development to ensure the properties are properly and consistently maintained. A new legal description shall be submitted for the area proposed to be governed by the new DA. EXHIBIT A Paramount Director – ALT, MDA, PUD, PP, PS H-2017-0064 PAGE 27 EXHIBIT A Paramount Director – ALT, MDA, PUD, PP, PS H-2017-0064 PAGE 28 EXHIBIT A Paramount Director – ALT, MDA, PUD, PP, PS H-2017-0064 PAGE 29 EXHIBIT A Paramount Director – ALT, MDA, PUD, PP, PS H-2017-0064 PAGE 30 EXHIBIT A Paramount Director – ALT, MDA, PUD, PP, PS H-2017-0064 PAGE 31 Exhibit B: Agency & Department Comments/Conditions 1. PLANNING DIVISION 1.1 Within six (6) months of Council’s approval of the amended development agreement findings and prior to submittal of a final plat application, the developer shall sign and obtain Council approval of an amended development agreement and new development agreement that reflects the provisions and updated plan included in Exhibits A.6 and A.7. 1.2 Site Specific Conditions of Approval 1.2.1 Development of the site shall substantially comply with the preliminary plat, landscape plan and building elevations included in Exhibit A, the conditions of approval listed herein, and the provisions of the development agreement. 1.2.2 Any fencing constructed on the site shall be consistent with the standards as set forth in UDC 11- 3A-7 and 11-3H-4D. 1.2.3 The preliminary plat included in Exhibit A.2, dated: 4/19/17, shall be revised as follows: a. Modify note #7 as follows: “. . . with the exception of Lot 86 85 and 86, which will have access . . .” b. Modify note #12 as follows: “. . . Lots 25, 26, 29-36, 38-39, Block 1. . .” c. Under the Preliminary Plat Data: 1) change the existing zoning from TN-C to R-15; and 2) Remove “proposed zoning” as a rezone isn’t proposed. d. Add a minimum 15-foot wide common lot within the block on the south side of W. Lockhart Ln., west of N. Garbo Ln., to comply with the block face standards listed in UDC 11-6C- 3F.3a. Provide a minimum 5-foot wide pedestrian pathway within Lot 86 adjacent to Lot 103; and within a common lot adjacent to Lot 70 (or within Lot 70) for access from the sidewalk along W. Lockhart Ln. to the sidewalk along W. Director Street. e. Add a minimum 15-foot wide common lot within the block fronting N. Meridian Road for access to the sidewalk along N. Meridian Road from the sidewalk along N. Borgnine Ln. in accord with the standards for gated developments listed in UDC 11-3F-4A.5c. f. Reconfigure Lot 104 so that it doesn’t encroach within the North Slough easement; or, obtain an encroachment agreement with the irrigation district for the lot to encroach. 1.2.4 The landscape plan included in Exhibit A.3, dated: 4/19/17, shall be revised as follows: a. Add a minimum 15-foot wide common lot within the block on the south side of W. Lockhart Ln., west of N. Garbo Ln., to comply with the block face standards listed in UDC 11-6C- 3F.3a. A Depict a minimum 5-foot wide sidewalk with 5 feet of landscaping on either side on Lot 86 adjacent to Lot 103 and within a common lot adjacent to (or within) Lot 70is required per the standards listed in UDC 11-3B-12C for access from the sidewalk along W. Lockhart Ln. to the sidewalk along W. Director Street. b. Add a minimum 15-foot wide common lot within the block fronting N. Meridian Road for access to the sidewalk along N. Meridian Road from the sidewalk along N. Borgnine Ln. c. Depict a concrete pad at the end of the common driveways no more than 5 feet behind the sidewalk sufficient in area to accommodate the receptacles of the residences that take access from the common driveway. 1.2.5 A total of 7.46 acres (or 20.94%) of qualified open space shall be provided with development as proposed. EXHIBIT A Paramount Director – ALT, MDA, PUD, PP, PS H-2017-0064 PAGE 32 1.2.6 Site amenities shall be provided for the development as proposed consisting of a swimming pool, clubhouse, outdoor activity area, segments of the City’s regional pathway system along W. Chinden Blvd. and N. Meridian Rd., and common open space above the required amount. Another community swimming pool shall be constructed in the future on Lot 86 for the Paramount development. 1.2.7 A Design Review application is required to be submitted and approved for all single-family attached structures prior to submittal of a building permit application. Design of the structures shall comply with the residential standards listed in the Architectural Standards Manual and the elevations included in Exhibit A.4. One Design Review application may be submitted for the overall development. 1.2.8 An exhibit shall be included in the final plat application that depicts the setbacks, building envelope, and orientation of the lots and structures that are accessed via common driveways as set forth in UDC 11-6C-3D.7. 1.2.9 On-street parking is only allowed on one side of the private streets; “No Parking” signs are required to be installed on the opposite side of the streets. Where medians are proposed at the entries to the development, no on-street parking is allowed and shall be signed accordingly. 1.2.10 Lots 67 and 71 shall have driveways on the opposite side of the shared property line with the common driveway on Lot 70 as set forth in UDC 11-6C-3D.5. 1.2.11 The developer shall meet with Terri Ricks, Land Development (208-884-5533), and Joe Bongiorno, Fire Department (208-888-1234), to discuss wayfinding signage for this development. 1.2.12 A final plat shall be recorded for this property prior to applying for building permits , except for those permits required to construct the Encore community pool, clubhouse and activity center. Certificate of Occupancy for those structures will not be issued until the final plat is recorded. 1.2.13 A Certificate of Zoning Compliance and Design Review application is required to be submitted and approved for the swimming pool, clubhouse, outdoor activity area and associated parking area. 1.2.14 The side and rear setbacks of buildings along the periphery of the development shall not be reduced per UDC 11-7-4A.1. 1.2.15 A minimum of 80 square feet of private usable open space is required to be provided for each unit as set forth in UDC 11-7-4B. An exhibit shall be submitted with the Certificate of Zoning Compliance application(s) demonstrating compliance with this requirement. 1.2.16 The applicant shall the applicant coordinate with the Fire Department on placement of “No Parking” signs and painting of the curbs red where no parking is allowed so that fire trucks can maneuver the streets (and corners) in the event of an emergency. 1.2.17 As mitigation for the long block face lengths that run along the north side of Pavilion and the south side of Lockhart, traffic calming devices shall be provided that meet ACHD standards. 1.2 General Conditions of Approval 1.2.1 Comply with all bulk, use, and development standards of the applicable district listed in UDC Chapter 2 District regulations. 1.2.2 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set forth in UDC 11-3A-6. 1.2.3 Install lighting consistent with the provisions as set forth in UDC 11-3A-11. EXHIBIT A Paramount Director – ALT, MDA, PUD, PP, PS H-2017-0064 PAGE 33 1.2.4 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11 -3A- 15, UDC 11-3B-6 and MCC 9-1-28. 1.2.5 Comply with the sidewalk standards as set forth in UDC 11-3A-17. 1.2.6 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-5J. 1.2.7 Construct all off-street parking areas consistent with the standards as set forth in UDC 11-3B-5I, 11-3B-8C, and Chapter 3 Article C. 1.2.8 Construct the required landscape buffers consistent with the standards as set forth in UDC 11-3B- 7C (streets). 1.2.9 Construct storm water integration facilities that meet the standards as set forth in UDC 11-3B- 11C. 1.2.10 Protect any existing trees on the subject property that are greater than four-inch caliper and/or mitigate for the loss of such trees as set forth in UDC 11-3B-10. 1.2.11 Comply with the outdoor service and equipment area standards as set forth in UDC 11-3A-12. 1.2.12 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle. 2. PUBLIC WORKS DEPARTMENT 2.1 SITE SPECIFIC CONDITIONS OF APPROVAL 2.1.1 With the development of the first phase as proposed, two points of connection to the existing water system will be required, the first will be a connection to the mainline installed as part of the Paramount Veranda project, and the second connection will be to the water main in Director Street. 2.2.2 The configuration of the water and sewer mains at N. Channing Lane needs to be changed to eliminate parallel / unconnected mains. Service line extensions from the existing mains to the proposed lots would be the preferred method. 2.1.3 A street light plan will need to be included in the final plat application. Street light plan requirements are listed in section 6-7 of the City's Design Standards. A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272 2.2 General Conditions of Approval 2.2.1 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 Paramount Director – ALT, MDA, PUD, PP, PS H-2017-0064 PAGE 34 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 9-2-28C1). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 2.2.5 All existing 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. 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 construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 2.2.13 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.2.16 All grading of the site shall be performed in conformance with MCC 11-1-4B. 2.2.17 Compaction test results shall be submitted to the Meridian Building Department for all building EXHIBIT A Paramount Director – ALT, MDA, PUD, PP, PS H-2017-0064 PAGE 35 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 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 Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting (http://www.meridiancity.org/public_works.aspx?id=272). All street lights shall be installed at developer’s expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. The contractor’s work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 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 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 One and two family dwellings not exceeding 3,600 square feet require a fire-flow of 1,000 gallons per minute for a duration of 2 hours to service the entire project. One and two family dwellings in excess of 3,600 square feet require a minimum fire flow as specified in Appendix B of the International Fire Code. Fire Hydrant spacing shall be provided as required by Appendix C of the International Fire Code. 4.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department in accordance with International Fire Code Section (IFC) 508.5.4 as follows: a. Fire hydrants shall have the 4 ½” outlet face the main street or parking lot drive aisle. b. Fire hydrants shall not face a street which does not have addresses on it. EXHIBIT A Paramount Director – ALT, MDA, PUD, PP, PS H-2017-0064 PAGE 36 c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10’. f. Fire hydrants shall be placed 18” above finished grade to the center of the 4 ½” outlets. g. Fire hydrants shall be provided to meet the requirements of IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 4.3 In accordance with International Fire Code Section 503.2.5 and Appendix D, any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. Phasing of the project may require a temporary approved turn around on streets greater than 150' in length with no outlet. 4.4 All entrances, internal roads, drive aisles, and alleys shall have a turning radius of 28’ inside and 48’ outside, per International Fire Code Section 503.2.4. 4.5 All common driveways shall be straight or have a turning radius of 28’ inside and 48’ outside and have a clear driving surface of 20’ in width capable of supporting an imposed weight of 75,000 GVW, per International Fire Code Section 503.2. 4.6 Provide signage (“No Parking Fire Lane”) for all fire lanes in accordance with International Fire Code Sections 503.4 & D103.6. Parking is only allowed on one side or the other of 29- foot wide streets with the opposite side signed and painted “No Parking”. 4.7 Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set forth in International Fire Code Section 304.1.2. 4.8 Fire lanes, streets, and structures (including the canopy height of mature trees) shall have a vertical clearance of 13’6 as set forth in International Fire Code Section 503.2.1. 4.9 Operational fire hydrants, temporary or permanent street signs, and access roads with an all weather surface are required to be installed before combustible construction material is brought onto the site, as set forth in International Fire Code Section (IFC) 501.4 and Meridian amendment to IFC 10-4-2J. 4.10 All portions of the buildings located on this project must be within 150’ of a paved surface as measured around the perimeter of the building as set forth in International Fire Code Section 503.1.1. 4.11 Emergency response routes and fire lanes shall not be allowed to have traffic calming devices installed without prior approval of the Fire Code Official. National Fire Protection Standard 1141, Section A5.2.18. 4.12 Private Alleys and Fire Lanes shall have a 20’ wide improved surface capable of supporting an imposed load of 75,000 lbs. All roadways shall be marked in accordance with Appendix D Section D103.6 Signs. 4.13 Obtain approval from the Fire Department for the method of emergency access to the gated development. 5. REPUBLIC SERVICES 5.1 The applicant shall revise the landscape plan to include a concrete pad at the end of the common driveways 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. 5.2 Obtain approval from Republic Services for the method of entry to the gated development. EXHIBIT A Paramount Director – ALT, MDA, PUD, PP, PS H-2017-0064 PAGE 37 6. PARKS DEPARTMENT 6.1 The developer shall construct 10-foot wide detached multi-use pathways along W. Chinden Blvd. and N. Meridian Road in accord with the Master Pathways Plan. 6.2 If the multi-use pathways are constructed outside of the adjacent right-of-way, a 14-foot wide pedestrian easement shall be submitted to the Planning Division and approved by City Council. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 Site Specific Conditions of Approval 7.1.1 Comply with the requirements of ITD and City of Meridian for any project improvements within the State right-of-way for the US-20/26/ Chinden Boulevard frontage. Submit to the District copies of State right-of-way permits, if any, prior to District approval of the final plat. 7.1.2 Dedicate 37-feet of right-of-way from the centerline of Meridian Road abutting the site. Construct a 5-foot wide detached concrete sidewalk located a minimum of 30-feet from the centerline of Meridian Road abutting the site. Provide a permanent right-of-way easement if public sidewalks are located outside of the dedicated right-of-way. 7.1.3 Reconstruct the sidewalk on Fox Run Way abutting the site to be 5-feet in width or provide 5’ X 5’ turnout areas every 200 feet to meet ADA standards. 7.1.4 Replace any broken or deteriorated portions of curb and gutter on Director Street abutting the site. 7.1.5 Construct one 50-foot wide gated driveway, with two 20-foot wide travel lanes and a 10-foot wide center island on to Director Street, in alignment with Garbo Avenue on the south side of Director Street across from the site. Construct the gate 85-feet north of Director Street, as proposed. Pave the driveway it’s full width at least 30-feet into the site beyond the edge of pavement of Director Street. 7.1.6 Close the existing 50-foot wide driveway on Director Street, located 520-feet west of Meridian Road, with vertical curb, gutter, an 8-foot wide planter strip and a10-foot wide regional asphalt path to match the improvements on either side. 7.1.7 Street name and stop signs are required for the private roads. The signs may be ordered through the District. Verification of the correct, approved name of the road is required. 7.1.8 Direct lot access is prohibited to Meridian Road, Fox Run Way, and Director Street and shall be noted on the final plat. 7.1.9 Payment of impacts fees are due prior to issuance of a building permit. 7.1.10 Comply with all Standard Conditions of Approval. 7.2 Standard Conditions of Approval 7.2.1 All proposed irrigation facilities shall be located outside of the ACHD right -of-way including all easements). Any existing irrigation facilities shall be relocated outside of the ACHD right-of-way (including all easements). 7.2.2 Private Utilities including sewer or water systems are prohibited from being located within the ACHD right-of-way. 7.2.3 In accordance with District policy, 7203.3, the applicant may be required to update any existing non-compliant pedestrian improvements abutting the site to meet current Americans with Disabilities Act (ADA) requirements. The applicant’s engineer should provide documentation of ADA compliance to District Development Review staff for review. EXHIBIT A Paramount Director – ALT, MDA, PUD, PP, PS H-2017-0064 PAGE 38 7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.2.5 A license agreement and compliance with the District’s Tree Planter policy is required for all landscaping proposed within ACHD right-of-way or easement areas. 7.2.6 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.2.7 It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business days prior to breaking ground within ACHD right -of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 7.2.8 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District’s Utility Coordinator at 387 -6258 (with file numbers) for details. 7.2.9 All design and construction shall be in accordance with the ACHD Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Standards unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.2.10 Construction, use and property development shall be in conformance with all applicable requirements of ACHD prior to District approval for occupancy. 7.2.11 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant’s authorized representative and an authorized representative of ACHD. The burden shall be upon the applicant to obtain written confirmation of any change from ACHD. 7.2.12 If the site plan or use should change in the future, ACHD Planning Review will review the site plan and may require additional improvements to the transportation system at that time. Any change in the planned use of the property which is the subject of this application, shall require the applicant to comply with ACHD Policy and Standard Conditions of Approval in place at that time unless a waiver/variance of the requirements or other legal relief is granted by the ACHD Commission. EXHIBIT A Paramount Director – ALT, MDA, PUD, PP, PS H-2017-0064 PAGE 39 Exhibit C: Required Findings from Unified Development Code 1. PRELIMINARY PLAT: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: a. The plat is in conformance with the Comprehensive Plan; The City Council finds that the proposed plat is in substantial compliance with the adopted Comprehensive Plan in regard to density, transportation, and circulation. Please see Comprehensive Plan Policies and Goals, Section VII, of the Staff Report for more information. b. Public services are available or can be made available and are adequate to accommodate the proposed development; The City Council finds that public services will be provided to the subject property upon development. (See Exhibit B of the Staff Report for more details from public service providers.) c. The plat is in conformance with scheduled public improvements in accord with the City’s capital improvement program; Because City water and sewer and any other utilities will be provided by the developer at their own cost, the City Council finds that the subdivision will not require the expenditure of capital improvement funds. d. There is public financial capability of supporting services for the proposed development; The City Council finds there is public financial capability of supporting services for the proposed development based on comments from the public service providers (i.e., Police, Fire, ACHD, etc.) (see Exhibit B for more detail). e. The development will not be detrimental to the public health, safety or general welfare; and The City Council finds the proposed development will not be detrimental to the public health, safety or general welfare; no concerns were presented from the public at the hearing. ACHD and ITD consider road safety issues in their analysis. f. The development preserves significant natural, scenic or historic features. The City Council is unaware of any significant natural, scenic or historic features that exist on this site. 2. PLANNED UNIT DEVELOPMENT: 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 a planned development request, the Council shall make the following findings: a. The planned unit development demonstrates exceptional high quality in site design through the provision of cohesive, continuous, visually related and functionally linked patterns of development, street and pathway layout, and building design. EXHIBIT A Paramount Director – ALT, MDA, PUD, PP, PS H-2017-0064 PAGE 36 The City Council finds the proposed PUD demonstrates a high quality of development and site design with amenities that provides unique housing options for those 55 and older in the community. b. The planned unit development preserves the significant natural, scenic and/or historic features. The City Council is unaware of any significant natural, scenic and/or historic features that may exist on this site. c. The arrangement of uses and/or structures in the development does not cause damage, hazard, or nuisance to persons or property in the vicinity. The City Council finds the proposed use and development of this property will not cause damage, hazard or nuisance to persons or property in the vicinity. d. The internal street, bike and pedestrian circulation system is designed for the efficient and safe flow of vehicles, bicyclists and pedestrians without having a disruptive influence upon the activities and functions contained within the development, nor place an undue burden upon existing transportation and other public services in the surrounding area. The City Council finds the internal private streets should provide for safe internal access to homes within the development and proposed pedestrian pathways will provide safe bicycle and pedestrian routes adjacent to busy public streets (i.e. SH 20-26/Chinden Blvd. and N. Meridian Rd.). e. Community facilities, such as a park, recreational, and dedicated open space areas are functionally related and accessible to all dwelling units via pedestrian and/or bicycle pathways. The City Council finds the proposed subdivision amenities (i.e. swimming pool, clubhouse and outdoor activity area) are accessible to residents within the development via internal sidewalks. The future community swimming pool will be accessible to residents within the larger Paramount development via sidewalks and the multi-use pathway. f. The proposal complies with the density and use standards requirements in accord with chapter 2, "District Regulations", of this title. The City Council finds the proposed single-family residential use of the development is a principal permitted use in the R-15 zoning district and falls within the density desired in this area. g. The amenities provided are appropriate in number and scale to the proposed development. The City Council finds the proposed amenities are appropriate for this development and provide a variety of entertainment for residents. h. The planned unit development is in conformance with the comprehensive plan. The City Council finds the proposed PUD is in general conformance with the Comprehensive Plan. 3. PRIVATE STREET In order to approve the application, the Director shall find the following: EXHIBIT A Paramount Director – ALT, MDA, PUD, PP, PS H-2017-0064 PAGE 37 a. The design of the private street meets the requirements of this Article; The design of the proposed private streets complies with the standards listed in UDC 11-3F- 4A. b. Granting approval of the private street would not cause damage hazard, or nuisance, or other detriment to persons, property, or uses in the vicinity; and Staff does not anticipate the proposed private streets would cause any hazard, nuisance or other detriment to persons, property or uses in the vicinity if they are designed as proposed and constructed in accord with the standards listed in UDC 11-3F-4B. c. The use and location of the private street shall not conflict with the comprehensive plan and/or the regional transportation plan. The location of the private streets does not conflict with the Comprehensive Plan and/or the regional transportation plan. d. The proposed residential development (if applicable) is a mew or gated development. The proposed gated residential development includes a mew. 4. ALTERNATIVE COMPLIANCE (UDC 11-3A-19.2A) In order to grant approval for alternative compliance, the director shall determine the following findings: a. Strict adherence or application of the requirements is not feasible; OR While it’s feasible for the applicant to comply with UDC standards pertaining to gated communities, common driveways and alleys, the Director finds the proposed development offers a unique design as proposed. b. The alternative compliance provides an equal or superior means for meeting the requirements; and The Director finds the planned unit development proposed by the applicant as a whole provides an equal or superior means for meeting the requirements in that it provides a character and diversity in housing that doesn’t currently exist in Meridian. c. The alternative means will not be materially detrimental to the public welfare or impair the intended uses and character of the surrounding properties. The Director finds that the proposed alternative means will not be detrimental to the public welfare or impair the intended use/character of the surrounding properties and will actually contribute to the character and variety of housing types in this area of the City.