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Caven Ridge Estates East H-2017-0020 - REVISEDADA COUNTY RECORDER Christopher D. Rich 2017-066053 FC, 5 BOISE IDAHO Pgs=56 LISA BATT 07/19/2017 04:21 PM CITY OF MERIDIAN, IDAHO NO FEE ADA COUNTY RECORDER Christopher D. Rich 2017-074871 BOISE IDAHO Pgs=58 BONNIE OBERBILLIG 08/11/2017 02:22 PM CITY OF MERIDIAN, IDAHO NO FEE )DEVELOPMENT AOREEME, NT P A.RTIES: 1, City of Meridian 2. New CavAnaugh, LLC, Owner/Developer TUIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this day of , 2017, by and Between City of Meridian, a municipal corporation of the State of Idaho, hereaf erQOW CITY whose address is 33 E. Broadway Avenue, Meridian, Idaho 83642 and New Cavanaugh, LIJC, whose address iS 3327 N. Eagle, Road, Ste, 100, Meridian, Idaho $3646, hereinafter called OWNgR/DEVELOPER, RECITALS: 1.1 WHERE. S, Owtter 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 aft6r referred to as the Property; and 1.2 WHEREAS, Idaho Code § G'7 -6511A provides that,cities may, by ordinance, require or, permit as a condition of zoning that the Owners and/or Developer mane a wdtte« commitment 0oncerning the use or development of the subject Property; Od 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section f i-513-3 -of the•Unifiect Development Code ("UDC"), which authorizes developmbnt agreements upoii the annexation and/or re -zoning of land; and IA WHEREAS, Owner/Developer has submitted an application for the for a modification of the Development Agreement to include a now conceptual developmbnt pian for the site gnd a preliminary plat consisting of 93 building lots and 7 common lots on 32.59 acres -of Wd under the unified Development Code, which ge&rally describes how the Property will be developed and what lmprover ants will be made; and 1.5 WHEREAS, Owner/Developpr made representations at thepublic bearings both before the Meridian plannlng;& Zoning; Commission and before the Meridian City Council, as to how the Property will be developed and what improvements will be made; and 1.6 WHEREAS, the record of theproceedings for the requested preliminary plat on the Property held before the Planning & Zoning Commission, and subsequently before the City Council, includes responses of government subdivisions D8v&I,oPI r_Wr AGREEMENT--CAVEN FJI)GP. RSTATGS EAST SUBDIVISION (1-1-2017-0020) PAGE i OV 7 DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian ' 2. New CavAnaugh, LLC, Ownei/Developer T141S DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this day of , 2017, by and 5etween City of Meridian, a municipal corporation of the State of Idaho, hereaf er celled CITY whose address is 33 E. Broadway Avenue, Meridian, Idaho 83642 and New Cavanaugh, LLC, whose address ib 3327 N. Cagle, Road, Ste. 100, Meridian, Idaho 83646, hereinafter called OWNER/DEVELOPER. ; 1. RECITALS: 1.1 WHEREAS, Owner is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A", which is attached lereto-and by this reference incorporated herein as if set forth in full, herein aft6r referred to as the Property; and 1.2 WHEREAS, Idaho Code § 57-6511A provides that.cities may, by ordinance, require or permit as a condition of zoning that the Owners and/or Developer make a written commitment Ooncerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section 1 OB --3 -of the Unifier 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 the for a modification of the Development Agreement to include a new conceptual development plan far the site and a preliminary plat consisting of 93 building lots and 7 comfion lots on 32.59 acres of land under the Unified Development Code, which generally describes how the Property will be developed and what improvements will be made; and 1.5 WHERE -.S, Owner/Developpr made representations at the public hearings both before the Meridian planning;& Zoning Commission and before the Meridian City Cougcil, as to how the Property will be developed and what improvements wilt be made; and L6 WHEREAS, the record of the; proceedings for the requested preliminary plat on the Property held before the Planning & Zoning Commission, and subsequently before the City Council, iricludes responses of government subdivisions DEVELOPMENT AGREEMENT--CAVEN RIDGE ESTATES EAST SUBDIVISION (1-1-2017-0020) PAGE 1 ov 7 providing services within the City of Meridian planning jurisdiction, and includes further testimony and comment; and 1.7 WHEREAS, on the 20th day of June, 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 new Development Agreement before the City Council takes final action on final plat; and 1.10 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 1.11 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 New Cavanaugh, LLC, whose address is 3327 N. Eagle Road, Suite 100, Meridian, Idaho 83646, the party that is developing said Property and shall include any subsequent developer(s) of the Property. DEVELOPMENT AGREEMENT - CAVEN RIDGE ESTATES EAST SUBDIVISION (H-2017-0020) PAGE 2 OF 7 3.4 PROPERTY: Means and refers to that certain parcel(s) of Property located in the County of Ada, City of Meridian as described in Exhibit "A" describing the parcel attached hereto and by this reference incorporated herein as if set forth at length to be removed from the existing Development Agreement (Instrument #108065958,) and the Addendum to Development Agreement (Instrument # 106151214) and be 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. Development of the subject property shall substantially comply with the conceptual development plan and building elevations included in Exhibit A.2 and the conditions of approval associated with the preliminary plat in Exhibit B. b. The overall development shall include a minimum of 5.15 acres (or 10.9%) of qualified open space as set forth in UDC 11 -3G -3B. c. The development shall include at a minimum, the following amenities: a children's play structure; swimming pool; structure containing restrooms, pool equipment room, and outdoor furniture storage room; a large open space area; internal pathways; and a multi -use pathway along S. Meridian Road and along the south side of the Ridenbaugh Canal in accord with UDC 11 -3G -3C. d. The site amenities (i.e. swimming pool; structure with restrooms and pool & outdoor furniture storage; parking lot and children's play structure) in Lot 1, Block 2 shall be constructed with Phase I of Caven Ridge Estates East Subdivision. e. City Council approved a waiver to UDC 11 -3A -6A to allow the Ridenbaugh Canal to remain open and not be piped due to the large capacity of the facility. 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. 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. DEVELOPMENT AGREEMENT - CAVEN RIDGE ESTATES EAST SUBDIVISION (H-2017-0020) PAGE 3 OF 7 7.2 Notice and Cure Period. In the event of Owner/Developer's default of this Agreement, Owner/Developer shall have thirty (3 0) 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. 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 DEVELOPMENT AGREEMENT - CAVEN RIDGE ESTATES EAST SUBDIVISION (H-2017-0020) PAGE 4 OF 7 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: CITY: City Clerk City of Meridian 33 E. Broadway Ave. Meridian, Idaho 83642 OWNER/DEVELOPER: New Cavanaugh Development, LLC 3327 N. Eagle Road, Ste, 100 Meridian, ID 83646 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 DEVELOPMENT AGREEMENT - CAVEN RIDGE ESTATES EAST SUBDIVISION (H-2017-0020)' PAGE'S OF 7: 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) 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 Cleric. [end of text; signatures, acknowledgements, and Exhibits A and B follow] DEVELOPMENT AGREEMENT = CAVEN RIDGE ESTATES EAST SUBDIVISION (H-2017-0020) PAGE 6 OF 7' . : ! ACKNOWIMOGIVIENTS IN WITNESS WhERROP, the patties have laereia enwted this agreemelit and m effe tive as hereinabove provid4d. OWN { DEi VFLOPER: i New Cav gh, LLC I By: tuAA-1- �ROAAAL�3k� t CITY Or' IVXEWDIA s;ATTEST, O�P'�D AUcUSTy . pyo; Mayor Ta xty de Weer B r1A ay co(o' City Jerk m SEAT STATP, OF TDAHV �) fc��r� Q ho TR�P�J�� County of Ada, ` t On this _ 1 day of (i 2017, ba re n personally appeared +a , kl w, Cavanaugh, LLC, and ackno\ Iedged to me. that he execut iN WITNESS Wflt-RLOF, I hava hereunto et illy certificate first above Witten, r --,- Gly My It lie undersigned, a Notary Public in And for said State, identified to me to be the of New same on behalf of'said Corporatlot my official seal the day and year in this STATE OF IDAHO , County oAda ) t On this I dayor bV( ,� 17,lrofgreme,allotaryPublic, raonaliyappearedTammy de Weerd and C.Jay Cel , know or i entified to Rio to be the iayar and Clerk, respectively; of City ofmaridiari, who executad tho instrument r the person tilat executed the instrument of behalf of said City, and acknow dged to mo that such City executed tbo san I IN WI ESS V,l�I T�%gF�,�1; have hereunto set my rand and affixed my official seal the day an ear in this MAO,—", �a e -certificate first ove�.)p eji. MA ea i LU (SEAL,) t? � ��%� e� Notary Oubtic £ rldaho � TD r ))'�� ®l , Residindy at; _---� V `1�1 % a Cominls$loll expires: I DRVI tAPtvf BNT AGR M �� �Ca��La 1�GL' )%STATES EAST S+)IvtslaN (1-1-2017-0020) Paas 7 or 7 i i ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: o�QoRP7Eo q�o�s , New Cavanaugh, LLC 01Y or w �Aj N DARO SEAL CITY OF MERIDIAN By: Mayor Tam y e Weerd cul STATE OF IDAHO ss: County of Ada, ) ATTEST; °�1he TREP9V' C. y Cole City Cierl< On this R�da of 2017, before me, the undersigned, a Notary Public in and for said State, personally appeared ¢ known or identified tome to be the rt A &4 l_d A- of New Cavanaugh, LLC, and acknowledged to me that he executed the same on behalf of said Corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) STACEY LYNN RICH Notary public No y Publi or Idaho State of Idaho Residing at: e— My Commission Expires: W61 Z3 STATE OF IDAHO ) : ss County of Ada } On this day of U5 , 2017, before me, a Notary Public, personally appeared Tammy de Weerd and C.Jay Coles, know or ident�e 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 axed my official seal the day and year in this eftyst above written. •.•''N,'•.nhw ,G �l •(>'R �' '`,' "� Notary ublic for Idaho Residing at: `r ' ,tel 7 moi' Ca Commission expires: 3 -a9 -0 D a a- �® N iEEMENT — CAVEN RIDGE ESTATES EAST SUBDIVISION (H-2017-0020) PAGE 7 0r 7 PI e®`� O �.� EXHIBIT A Caven Ridge Estates West Preliminary Plat Boundary Description Project Number 10-16-141 May 19, 2017 A parcel of land situated in the northwest quarter of Section 30, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, and being more particularly described as follows; Commencing at the northwest section corner of Section 30, Township 3 North, Range 1 East, Boise Meridian; Thence 500°25'44"W, 410.86 feet along the west line of the northwest quarter of Section 30; Thence 589°34'16"E, 70.00 feet to the intersection of the east right-of-way line of South Meridian Road (Hwy 69) and the center line of the Ridenbaugh Canal, and the southwest corner of Red Wing Subdivision (Book 105 of Plats at Pages 14405 through 14409, records of Ada County, Idaho), the POINT OF BEGINNING; Thence S44°08'28"E, 314.59 feet along the center line of the Ridenbaugh Canal and the boundary of Red Wing Subdivision; Thence S57°31'52"E, 69.47 feet along the center line of the Ridenbaugh Canal and the boundary of Red Wing Subdivision; Thence S70°SS'16"E, 1146.43 feet along the center line of the Ridenbaugh Canal, the boundary of fled Wing Subdivision, and the boundary of Silverwater Subdivision No. 2 (Book 110 of Plats at Pages 15649 through 15652, records of Ada County, Idaho) to the northwest corner of Caven Ridge Estates Subdivision No. 1(Book 111 of Plats at Pages 15947 through 15951, records of Ada County, Idaho); Thence S19°04'44"W, 49.91 feet along the boundary of Caven Ridge Estates Subdivision to a 5/8 inch rebar; Thence N70°59'40"W, 20.06 feet along the boundary of Caven Ridge Estates Subdivision to a 5/8 inch rebar; Thence S19°01'48"W, 94.00 feet along the boundary of Caven Ridge Estates Subdivision to a 5/8 inch rebar; Thence 521°30'41"W, 56.05 feet along the boundary of Caven Ridge 1A LAS/D Estates Subdivision; t S f £�� Qz Thence 127.68 feet on anon -tangent curve to the right, concave 1334 northwesterly, having a radius of 242.50 feet, a central angle of 5/7jjn,c Page 1 of 3 Io Caven Ridge Estates East — H-2017-0020 ll) ? (Oi`.1I'.1r�I(. taNaaaN ! MA�ViNa --, OaOUA J•U•B ENGINEERS, INC. Caven Ridge Estates West Preliminary Plat Boundary Description Project Number 10-16-141 May 19, 2017 A parcel of land situated in the northwest quarter of Section 30, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, and being more particularly described as follows; Commencing at the northwest section corner of Section 30, Township 3 North, Range 1 East, Boise Meridian; Thence 500°25'44"W, 410.86 feet along the west line of the northwest quarter of Section 30; Thence 589°34'16"E, 70.00 feet to the intersection of the east right-of-way line of South Meridian Road (Hwy 69) and the center line of the Ridenbaugh Canal, and the southwest corner of Red Wing Subdivision (Book 105 of Plats at Pages 14405 through 14409, records of Ada County, Idaho), the POINT OF BEGINNING; Thence S44°08'28"E, 314.59 feet along the center line of the Ridenbaugh Canal and the boundary of Red Wing Subdivision; Thence S57°31'52"E, 69.47 feet along the center line of the Ridenbaugh Canal and the boundary of Red Wing Subdivision; Thence S70°SS'16"E, 1146.43 feet along the center line of the Ridenbaugh Canal, the boundary of fled Wing Subdivision, and the boundary of Silverwater Subdivision No. 2 (Book 110 of Plats at Pages 15649 through 15652, records of Ada County, Idaho) to the northwest corner of Caven Ridge Estates Subdivision No. 1(Book 111 of Plats at Pages 15947 through 15951, records of Ada County, Idaho); Thence S19°04'44"W, 49.91 feet along the boundary of Caven Ridge Estates Subdivision to a 5/8 inch rebar; Thence N70°59'40"W, 20.06 feet along the boundary of Caven Ridge Estates Subdivision to a 5/8 inch rebar; Thence S19°01'48"W, 94.00 feet along the boundary of Caven Ridge Estates Subdivision to a 5/8 inch rebar; Thence 521°30'41"W, 56.05 feet along the boundary of Caven Ridge 1A LAS/D Estates Subdivision; t S f £�� Qz Thence 127.68 feet on anon -tangent curve to the right, concave 1334 northwesterly, having a radius of 242.50 feet, a central angle of 5/7jjn,c Page 1 of 3 Io Caven Ridge Estates East — H-2017-0020 EXHIBIT A UyBy� I CUi,il'.�('.I i �z ON'OAT N 0 ( NAPPINO J•U•B ENOINEERS, INC. Preliminary Plat continued.., 30°10'05", a chord bearing of S42°52'25"W, and a chord length of 126.21 feet, along the boundary of Caven Ridge Estates Subdivision to a 5/8 inch rebar; Thence S57°51'54"W, 140.06 feet along the boundary of Caven Ridge Estates Subdivision to a 5/8 inch rebar; Thence 272.04 feet on a non -tangent curve to the left, concave Southeast, having a radius of 457.50 feet, a central angle of 34°04'09", a chord bearing of 540°44'56"W, and a chord length of 268.05 feet, along the boundary of Caven Ridge Estates Subdivision to a 5/8 inch rebar; Thence S24°34'17"W, 20.66 feet along the boundary of Caven Ridge Estates Subdivision to the boundary of Parcel "TIC 5" (Special Warranty Deed Instrument No. 113100373 and Warranty Deed Instrument No. 2016-120082, records of Ada County, Idaho); Thence 521°10'33"W, 54.18 feet along the boundary of Parcel "TIC 5'; Thence N23°24'15"W, 1.61 feet along the boundary of Parcel "TIC S"; Thence N66°15'13"W, 89.20 feet along the boundary of Parcel "TIC 5"; Thence S72°28'28"W, 27.67 feet along the boundary of Parcel "TIC 5"; Thence N61"17'30"W, 50.00 feet along the boundary of Parcel "TIC 5"; Thence NIS°03'28"W, 27.67 feet along the boundary of Parcel "TIC 5"; Thence N26°38'52"E, 50.16 feet along the boundary of Parcel 'TIC 5"; Thence N75'03'31"E, 28.94 feet along the boundary of Parcel "TIC 5"; Thence N28'42'30"E, 43.06 feet along the boundary of Parcel "TIC 5"; Thence 124.44 feet on a curve to the right, having a radius of 425.00 feet, a central angle of 16°46'33", a chord bearing of N37°05'47"E, and a chord length of 123.99 feet, along the boundary of Parcel'TIC 5"; Thence N43`48'48"W, 110.00 feet along the boundary of Parcel "TIC 5' Thence N45°37'37"E, 60.54 feet along the boundary of Parcel "TIC 5"; Thence N37°37'55"E, 47.89 feet along the boundary of Parcel "TIC S"; Page 2 of 3 a 250 S. Beechwood Avenue, Suite 201, Boise, In 83709 p 208-376.7330 / 208323-933G w www.jub.com Caven Ridge Estates East— H-2017-0020 J•ULB '' 0 oN i INC. NO INK c o J•u,R ENGINEERS, INC. Preliminary Plat continued... Thence N72°47'40"W, 81.99 feet along the boundary of Parcel "TIC S' Thence N78'17'17"W, 69.15 feet along the boundary of Parcel "TIC 5"; Thence N71°16'52"W, 92.48 feet along the boundary of Parcel "TIC 5"; Thence N63'SS'29"W, 250.21 feet along the boundary of Parcel "TIC S' Thence S18°09'01"W, 80.37 feet along the boundary of Parcel 'TIC 5"; Thence S06°40'03"E, 27.19 feet along the boundary of Parcel "TIC S"; Thence S86°45'46"W, 130.96 feet along the boundary of Parcel 'TIC 5"; Thence N76°21'04"W, 50.81 feet along the boundary of Parcel "TIC 5"; Thence N86°01'49"W, 189.46 feet along the boundary of Parcel "TIC 5" to the east right-of-way line of South Meridian Road (Hwy 69); Thence NO2°56'31"W, 98.59 feet along the east right-of-way line of South Meridian Road (Hwy 69); Thence N00°25'44"E, 639.67 feet along the east right-of-way line of South Meridian Road (Hwy 69) to the POINT OF BEGINNING. The above-described parcel contains 14.49 acres, more or less. Page 3 of 3 a 250S. Beechwood Avenue, Suite 201, Boise, ID 83709 p 208.376-7330 1208-323-9336 it www.jun.com Caven Ridge Estates East — H-2017-0020 EXHIBIT A Red Wing rn m Rlde�b�ub11 � =o Car7al Silvenvater 2 Caven Ridge Estates West v� TIC 5 eve Caven Ridge Estates West - NW4 S30 T3N R1 E 5/19/2017 Scale: 1 inch= 200 feet Flle: Tract 1: 14,4855 Anes, Closero: n2l.2110e 0.01 0. (11551387), Pedmete-4737 1L 01 s44.0828e 314.59 21 Pl, / 425.00, della=016.4633, chwd=07,0547e 123,99 02 s57.3152e 69.47 22 n43.4848w 110 03 .70.55160 1146.43 23 n45.3737e 60.54 0409 0444w 49.01 24 n37.3755e 47.89 05.70.5940. 20.06 06.10'o148w 94 07.21.304lw 56.05 08 Rt, r--242.50, delta=030,1005, chwd=s42.5225w 126.21 25 n72A740w 81.99 26 n78.1717w 69.15 27 n71.1652w 92.48 28 n63.5529w 250.21 N� 09 s57.5154w 140.06 29.18.0901w 80.37 10 LL L°457,50, della=034.0409, chord=s40A456w 268.05 30.06A0030 27,19 4" 11 s24.34 17 20.66 12 s21.1033w $4.18 13 n23.2415w 1,61 31 s86.4546w 130.96 32 n76.2104w 50.81 33 n86.0149w 189.4614 � g, p34 n66.1513w89.2 s72.2828w 67 JS n00.?5440639.67 34 n02.5631w 96.5916 n61A730w505 ,��f OP �Q 7L4j 17 n 15.0328w 27.67 18 n26.3852e 50.16 19 n75.0331 a 28.94 20 n28A2300 43.06 Caven Ridge Estates East - H-2017-0020 1 JU°BiNc aAT[WAY I -UJ t (0 �'A CIES ; ` tANODON E MAP 1140 ANON INL. J•U•B ENGINEERS, INC. Caven Ridge East Preliminary Plat Boundary Description Project Number 10-16-141 February 14, 2017 A parcel of land situated in the west half of Section 30, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, and being more particularly described as follows: Beginning at the center quarter -section corner of Section 30, Township 3 North, Range 1 East, Boise Meridian; Thence S89°44'39"W, 1323.00 feet along the south line of the northwest quarter of Section 30 and the north line of Reflection Ridge Subdivisions No. 3 & 5 (Book 108 of Plats at Pages 15152 through 15156 and Book 110 of Plats at Pages 15760 through 15764, records of Ada County, Idaho) to the center -west sixteenth -section corner of Section 30; Thence S00°00'07"W, 25.00 feet along the east line of the northwest quarter of the southwest quarter and the boundary of Reflection Ridge Subdivision No. 5; Thence S89°43'33"W, 1074.00 feet parallel with and 25.00 feet from the south line of the northwest quarter to the east right-of-way line of South Meridian Road (Hwy 69); Thence N00°32'42"E, 25.00 feet along the east right-of-way line of South Meridian Road (Hwy 69) to the southwest corner of Parcel "TIC 5" (Special Warranty Deed Instrument No. 113100373 and Warranty Deed Instrument No. 2016-120082, records of Ada County, Idaho); Thence N89°39'47"E, 639.51 feet along the boundary of Parcel "TIC 5"; Thence N00°02'38"W, 188.40 feet along the boundary of Parcel "TIC 5"; Thence N00°00'33"W, 204.82 feet along the boundary of Parcel "TIC 5"; Thence 201.87 feet on a curve to the right, having a radius of 357.50 feet, a central angle of 32°21'09", a chord bearing of N16°10'02"E, and a chord length of 199.19 feet, along the boundary of Parcel "TIC S' Thence N32°05'14"E, 50.42 feet along the boundary of Parcel "TIC 5"; LAD, Thence N76°38'15"E, 1.28 feet along the boundary of Parcel "TIC 5" to a t S 1 [4the boundary of Caven Ridge Estates Subdivision No. 1(Book 111 of �IP Plats at Pages 15947 through 1.5951, records of Ada County, Idaho); HI „Sj� of Page 1 of 4 Caven Ridge Estates East — H-2017-0020 W0111-1 mu- mliFT:m•:, thence 532'D4'YO^ W, 53.50 Inel along the hounJnry at Cavert RidHa Cslalns Subdlvlslorr No, i to 5JH Inch rebar: Thence S32'S1.15"E, 28.2] foot nian8 !h< LuunJnry UI Cnven iudgn I -states Subdivision No. S 1u n 518 Inch ruLar; Thence 552'•14'Y 5•E, SG.l2 Incl alone Ilre Lounalary of Cnvnn nldgn Cstntex Subdlvislvn No. I in a 5/D Inch rehnr, Thrtncn N)G'01'S]"[, 22.ea leel along Iltn boundary of Cnven RISIBe Cstalas Suhdivlsinn No. i to 5JH Inch reborn, the boundary at Rarcni 0— (W—. -v 2015-09.'.270, records of Ada County, Idaho); Thoncv 142.flU Inet on a nonlangent curve to the icll, cun•::tve eastnrl Y, having n radius ar 2U1.SU feet, n central angle of :i]^I ]'S9", a chord Ucnrinl; of SI6'1]'Sl•W, and a chord lernillr of 145.Hb feet, along the boundary n( Pnrvnl Unn to n SJB inch reUaU "thence SOD'U3'03^E, 114.85 font alnnp 11tH Laun Jary of rratcni Ono ton 5/e inch rnUar: Thence N89'S]'S5^F., J1H.23 t<a1 nronYf the hounnnry of 1•arcel one to n O/e Inch rcLr r, Tfienrn NH1'3H'SD"C, 109.171— alone the Innrndnry of unreal one ton 9JD Inch rnhall lhnncrs N]0'aB'1]^[, 2W.DA Ient ninntl tM1n boundary or Porcel Ona to a S/H inch rehnr; Thnnc< Nlfi'03'03"E, IG•>,22 feat along ihn boundary of Rarcni Onn ton 5/H Inch rehnr; Tlrencn ND3'46'22."W, ]2.]ll ice! along Iho LUunJary of 1'arcnl One; Titnncn ]133'33.15`W, 22.42 feet alorrg Ihn houndvry of --1 Orte to [ho south -most earner of tot fi, 81nck y, Cnvnn IHdee Csaetes Suhdlvlslnn Nn. l: iM1oncc NGY'25'SG^C, 20U.491oot n1un8 the LuunJary ul Cnvnn RIdBv Fstn[ns 5uhdfvivlon Nv. 1 ton 5/H Inch Thnnca 28.69 toot on a nentangvnt curv<]o Ule lull. concave snutM1westvrly, hovinH a ratllus of 328.00 Ievl. a centr, I angle of 4.2u'SS", a churl lrcarin8 of Y L4A� I N2U']4'JD'W, noel a chord Inne[h of YH.Gg Icc1, along the boundary of Cnven rUdgo [stalas Strhdlvisinn Nn. 1 to a 5/B loth reLar; `J� 3! 1334 / Caven Ridge Estates East — H-2017-0020 EXHIBIT A J -U 1-U ko U� ll;,P11f5 `uHaoop !list. o 6POUP i` IXC. J•U-B ENGINEERS, INC. Preliminary Plat continued... Thence N58°04'22"E, 110.63 feet along the boundary of Caven Ridge Estates Subdivision No. 1 to a 5/8 inch rebar; Thence N64°37'21"E, 286.47 feet along the boundary of Caven Ridge Estates Subdivision No. 1 to a 5/8 inch rebar; Thence N22°38'40"W, 63.39 feet along the boundary of Caven Ridge Estates Subdivision No.1 to a 5/8 inch rebar; Thence NOS°22'31"W, 53.87 feet along the boundary of Caven Ridge Estates Subdivision No. 1 to a 5/8 inch rebar, Thence N19°32'14"E, 129.25 feet along the boundary of Caven Ridge Estates Subdivision No. 1 to a 5/8 inch rebar; Thence 56.73 feet on a non -tangent curve to the left, concave northerly, having a radius of 628.00 feet, a central angle of 05°10'33", a chord bearing of S69°47'47"E, and a chord length of 56.71 feet, along the boundary of Caven Ridge Estates Subdivision No. 1 to a 5/8 inch rebar; Thence N17°25'30"E, 56.00 feet along the boundary of Caven Ridge Estates Subdivision No. 1 to a 5/8 inch rebar; Thence 13.87 feet on a non -tangent curve to the right, concave northerly, having a radius of 572.00 feet, a central angle of Ol°23'20", a chord bearing of N71°40'17"W, and a chord length of 13.86 feet, along the boundary of Caven Ridge Estates Subdivision No. 1 to a 5/8 inch rebar; Thence N18°56'07"E, 195.05 feet along the boundary of Caven Ridge Estates Subdivision No. 1 to the center line of the Ridenbaugh Canal and the boundary of Silverwater Subdivision No. 2 (Book 110 of Plats at Pages 15649 through 15652, records of Ada County, Idaho); Thence 559'42'58"E, 143.69 feet along the center line of the Ridenbaugh Canal and boundary of Silverwater Subdivision No. 2; Thence S65°00'16"E, 398.40 feet along the center line ofthe Ridenbaugh Canal and boundary of Silverwater Subdivision No. 2; Thence 21.63 feet on a curve to the right, having a radius of 250.00 feet, a central angle of 04°57'30", a chord bearing of S62°31'31"E, and a c, chord length of 21.63 feet, along the center line of the Ridenbaugh �. -4 ~F+ S. Page 3 of 4 Suite 201. Boise. 10 83709 o 208-376-7330 /'208-323-9336 rr Caven Ridge Estates East — H-2017-0020 W14011-191 J -U -B IANGOON NAvewxa 'ROUP INC. J•U•8 ENGINEERS, INC. Preliminary Plat continued... Canal and boundary of Silverwater Subdivision No. 2 to the east line of the northwest quarter of Section 30; Thence S00°07'13"E, 1115.19 feet along the east line of the northwest quarter and the boundary of Reflection Ridge Subdivision No. 3 to the POINT OF BEGINNING. The above-described parcel contains 32.59 acres, more or less. `ti 1134 Page A of A a 250 S. Beechwood Avenue Suite 201 Boise ID 83709 p208-376-7330 f208_323-9336 w www.lub.com Caven Ridge Estates East — H-2017-0020 EXHIBIT B CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER j; It In the Matter of the Request for a Modification to the Development Agreement to Include a New Conceptual Development Plan for the Site; and a Preliminary Plat Consisting of 93 Building Lots and 7 Common Lots on 32.59 Acres of Land in an R-8 Zoning District for Caven Ridge Estates Subdivision, by New Cavanaugh, LLC. Case No(s). H-2017-0020 For the City Council Hearing Date of: June 6, 2017 (Findings on June 20, 2017) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of June 6, 2017, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of June b, 2017, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of June 6, 2017, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of June 6, 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 Plamiing 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 Cormnunity Development Department, the Public Works Department and any affected party requesting notice. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2017-0020 - I - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of June 6, 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 modification to the development agreement and preliminary plat is hereby approved per the conditions of approval in the Staff Report for the hearing date of June 6, 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 11-613-713). Upon written request and filed by the applicant prior to the termination of the period in accord with 11 -6B -7.A, the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two (2) years. Additional time extensions up to two (2) years as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again (UDC 11- 6B -7C). Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s) and returned to the city within six (6) months of the city council granting the modification. A modification to the development agreement may be initiated prior to signature of the CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-20 P-0020 - 2 - agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six (6) month approval period. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of June 6, 2017 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION &.ORDER FILE NO(S). H-2017-0020 - 3 - By action of the City Council at its regular meeting held on the day of C�0'1l , 2017. COUNCIL PRESIDENT KEITH BIRD VOTED COUNCIL VICE PRESIDENT JOE BORTON VOTED / COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED /a COUNCIL MEMBER TY PALMER VOTED �/K4 COUNCIL MEMBER LUKE CAVENER VOTED COUNCIL MEMBER GENESIS MILAM VOTED 1a MAYOR TAMMY de WEERD VOTED (TIE BREAKER) Attest: C.JaVCole City Cleric Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. ABy: 1 e. Dated: City Clerk's Office ( �� -C;�D -/ �1- CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S), H-2017-0020 -4- MAYOR 4 - EXHIBIT A STAFF REPORT HEARING DATE: June 6, 2017 TO: Mayor & City Council FROM: Sonya Allen, Associate City Planner 208-884-5533 SUBJECT: Caven Ridge Estates East — MDA, PP (H-2017-0020) I. SUMMARY DESCRIPTION OF APPLICANTS' REQUEST The applicant, New Cavanaugh, LLC, has submitted an application for a modification to the development agreement (MDA) to include a new conceptual development plan for the site; and a preliminary plat (PP) consisting of 93 building lots and 7 common area lots on 32.59 acres of land in an R-8 zoning district. See Section VIII, Analysis, for more information. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed MDA and PP applications based on the Findings of Fact and Conclusions of Law in Exhibit C of the Staff Report. The Meridian Planning & Zoning Commission heard these items on May 4, 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: Kristi Watkins, JUB Engineers (Applicant's Representative) ii. In opposition: None iii. Commenting: Dennis Bedient iv. Written testimony: Kristi Watkins, JUB Engineers (Applicant's Representative) L. Staff presenting application: Sonya Allen A. Other staff commenting on application: Caleb Hood b. Key issue(s) of Public Testimony: i. Traffic impact of the proposed development on adjacent streets (Standing Timber & Victory) without Rumpel Lane being improved as a collector street out to S. Meridian Road/SH 69 (the applicant only has 25' of fronta.-e on Meridian Rd., which isn't enough width to construct a public street). c. Key Issues of Discussion by Commission: L The reconfiguration of the southern portion of the plat to comply with block length standards; ii.Concern that providing street frontage through the common area for the out -parcel where the existing home is located will reduce the amount of qualified open space (whichh currently exceeds the rninimunt requirement at 12.6%). d. Commission Changes) to Staff Recommendation: i. Include a condition that street frontage via a local street is provided for the out -parcel where the existing home is located; direct access via Standing Timber Way, a collector street, is prohibited (see conditions #1.2.1d and 1.2.2f). e. Outstanding Issue(s) for City Council: i. The ACHD Commission held a hearing for this project on May 24t" and continued the project to their June 21St meeting due to concern the project won't have public access via S. Meridian Rd./SH 69 via Rumple Ln. (only emergency access is proposed due to the lack of right-of-way for a public street). Staff spoke with ACHD staff reQardiuQ this matter and staff didn't expect their draft conditions (included in Exhibit B, Section 7) to than' -e as this property does not Have enough frontage on S Meridian Rd./SH 69 for a public street to be constructed. Caven Ridge Estates East — MDA, PP H-2017-0020 PAGE 1 EXHIBIT A The Meridian City Council heard these items on June 6 2017 At the public hearing the Council proved the subject MDA and PP request. a— Summary of City Council Public Hearing: L In favor: Kristi Watldns, JUB Engineers iL In opposition: None L Commenting: Brenda Walther: Brett Walther: Patrick Thomas: Dan Thompson, Thompson Engineers (Traffic Engineer): Justin Lucas. ACHD iy,, Written testimony: None y, Staff presenting application: Sonya Allen yi, Other staff commenting on application: None b� Key issues) of Public Testimony: L. Concern regarding the existing bird habitat in the copse of trees along the Ridenbaugh Canal at are proposed to be removed with development of the site: desire for the trees to be preserved for the benefit of the = birds and residents in the area I Concern regarding completion of this development without an access to S. Meridian Road/SH 69 via Rumple Lane and impact of traffic on E. Victory Road. c, Key Issues of Discussion by Council: Access for the proposed development and the issue of no public access via S. Meridian Road/SH 69 until the property to the west develops to provide additional right -of --way. d� Key Council Changes to Staff/Commission Recommendation L Council approved a waiver to UDC 11 -3A -6A to allow the Ridenbaugh Canal to remain open and not be piped due to its large capacity. Modification to condition #1.2.1 and 1.2.2 per staff's _memo to Council dated June 6, 2017- 111. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2017-0020, as presented in the staff report for the hearing date of June 6, 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-2017-0020, as presented during the hearing on June 6, 2017, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number H-2017-0020 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The subject property is located south of E. Victory Road and east of S. Meridian Road, in the northwest '/a of Section 30, Township 3 North, Range 1 East. B. Applicant: New Cavanaugh, LLC 3327 N. Eagle Road, Ste. 100 Meridian, Idaho 83646 Caven Ridge Estates East — MDA, PP H-2017-0020 PAGE 2 EXHIBIT A C. Owner: New Cavanaugh, LLC 2289 S. Bonito Way, Ste. 100 Meridian, ID 83642 D. Representative: Kristi Watkins, JUB Engineers, Inc. 250 S. Beechwood Ave., Ste. 201 Boise, Idaho 83709 E. Applicant's Statement/Justification: Please see applicant's narrative for this information. V. PROCESS FACTS A. The subject applications are for a modification to the development agreement and a preliminary plat. A public hearing is required before the Planning & Zoning Commission and City Council on the preliminary plat; a public hearing is only required before the City Council on the development agreement modification, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: April 14, 2017 (Commission); May 19, 2017 (City Council) C. Radius notices mailed to properties within 300 feet on: April 6, 2017 (Commission); May 11, 2017 (City Council D. Applicant posted notice on site by: April 21, 2017 (Commission); May 24, 2017 (City Council) VI. LAND USE A. Existing Land Use(s): This property is currently being used for agricultural purposes and is zoned R-8. B. Character of Surrounding Area and Adjacent Land Use and Zoning: North: Single-family residential (Caven Ridge Estates & Silverwater Subdivisions), zoned R-8 South: Single-family residential (Reflection Ridge Subdivision), zoned R-8; and a storage facility, zoned RUT in Ada County East: Single-family residential (Reflection Ridge Subdivision), zoned R-8 West: Vacant/undeveloped property (fature single-family residential), zoned R-8 C. History of Previous Actions: In 2006, this property was annexed and zoned (AZ -06-015) as part of the larger Tanana Valley development; a development agreement was approved as a provision of annexation recorded as hlstrument No. 106151214 and later amended (MI -07-011, Inst. #108065958). A preliminary plat was also approved but the property was re -platted in 2007 (PP -07-015) as Cavanaugh Subdivision; several time extensions were approved for that plat (TE -08-022; TE -10-005; TEC -11-005; TEC -13- 005). Since the preliminary plat for this project was approved, individual parcels within the preliminary plat area have been sold off and are now under different ownerships and are being developed separately, rather than as a single master planned project as envisioned. For this reason, staff requested that the applicant subn7it a new prelin inaiy plat for the remaining area south of the Ridenbaugh Canal owned by this developer that contains its own an7enities. Property boundary adjustments were recorded in 2005 (ROS # 7140); and in 2011 (ROS #9007) (PBA -11-009) for this property. Caven Ridge Estates East — MDA, PP H-2017-0020 PAGE 3 EXHIBIT A D. Utilities: a) Location of sewer: Sanitary sewer mains intended to provide service to the subject development were installed in a previous phase of this development. b) Location of water: The subject development falls within two separate water pressure zones, and therefore will need to provide connections to each of those zones. c) Issues or concerns: Applicant shall be responsible for the extension of sanitary sewer and water mains to provide service. E. Physical Features: 1. Canals/Ditches Irrigation: The Ridenbaugh Canal runs along the north boundary 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 Overlay District. VII. COMPREHENSIVE PLAN ANALYSIS The subject property is designated Medium Density Residential (MDR) on the Future Land Use Map (FLUM) contained in the Comprehensive Plan. MDR designated areas allow smaller lots for residential purposes within City limits. Uses may include single-family homes at gross densities of 3 to 8 dwelling units per acre (d.u./acre). The applicant proposes to develop the site with 93 single-family residential homes at a gross density of 2.82 dwelling units per acre (d.u./acre) and a net density of 4.14 d.u./acre consistent with the MDR FLUM designation. The proposed density is slightly below the density of 3 to 8 dwelling units desired in MDR designated areas, which will require approval from Council for a "step down" in density from MDR to LDR (Low Density Residential) for this property. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed use (staff analysis in italics): "Require appropriate landscaping and buffers along transportation corridor (setback, vegetation, low walls, berms, etc.)." (3,06.02F) A 20 -foot hide street beer is required along S. Standing Timber Way and E. Rumpel Lane, both designated as collector streets, landscaped in accord with the standards listed in UDC 11 -3B -7C Landscape Buffers along Streets. Support a variety of residential categories (low-, medium-, medium-high and high-density single-family, multi -family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities. The proposed low density) residential development will provide another housing option in this portion of the City adjacent to existing low -medium density residential uses. Staff is unaware of how "affordable" homes in this development will be. "Restrict private curb cuts and access points on collectors and arterial streets." (3.06.02D) The UDC (11-3A-3) restricts access to collector streets whenn access is available ftorn a local street. Access via local streets f °onr the existing collector street (Standing Timber) is available for the proposed lots; therefore direct lot access to Standing Timber is prohibited. Caven Ridge Estates East — MDA, PP H-2017-0020 PAGE 4 EXHIBIT A "Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City." (3.01.01F) City services are available to be extended by the developer to the proposed lots with development in accord with UDC 11-3A-21. "Develop pathways to connect Meridian with Boise, Nampa, Kuna, and Eagle." (6.01.02C) A segment of the City's multi -use pathway system is proposed within this site along the south side of the Ridenbaugh Canal. "Coordinate with irrigation districts to implement the proposed pathway network along irrigation canals, ditches, creeks and easements." (6.02.02C) The applicant should coordinate with Nampa & Meridian Irrigation District for construction of the multi -use pathway along the Ridenbaugh Canal. "Limit canal tiling and piping of ditches, creeks, and drains where public safety issues are not of concern." (5.01.01D) The Ridenbaugh Canal runs along the north boundary of this site and is proposed to remain open and not be piped date its large capacity if Council approves a waiver to UDC 11 -3A -6A.3 to allow it to remain. open. To protect public safety, the canal should be fenced off with a 6 -foot tall open vision fence having an 11 -gauge 2 -inch mesh or other construction equivalent in ability to deter access to the canal as setforth in UDC 11 -3A -6B. "Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity as part of a community pathway system." (3.03.03B) Internal pedestrian pathways, as well as connection to an existingpathway stubbed at the south boundary frons Reflection. Ridge Subdivision, are proposed within this development for interconnectivity. "Review new development for appropriate opportunities to connect local roads and collectors to adjacent properties (stub streets). (3.03.020) The preliminary plat depicts extension of existing stub streets through this propero). Extension of the existing stub street (E. Mona Lisa St.) at the east boundary will allow connectivity between this development and Reflection Ridge Subdivision. In accord with the above -stated policies and goals, Staff feels the proposed development is consistent with the Comprehensive Plan and the MDR FLUM designation if ' Council approves a "step down" in density for this development. VIII. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: 1. DEVELOPMENT AGREEMENT MODIFICATION (MDA): Development of this property is currently governed by the development agreement (DA) approved for the overall Tanana Valley/Cavanaugh Subdivision and later amended, which encompassed a total of 177+/- acres of land on the north and south sides of the Ridenbaugh Canal (Instrument No.'s 106151214 and 108065958). Because the parcels within this development were sold off individually after the preliminary plat was approved, it has not developed as a single master -planned project as envisioned. The property north of the canal is almost frilly developed with multi -family and single-family residential homes. The property south of the canal, except for a 22+/- acre parcel on the west side of Standing Timber Way and the 4.51 acre parcel where the existing home is located, is owned by the subject developer. Caven Ridge Estates East — MDA, PP H-2017-0020 PAGE 5 EXHIBIT A Most of the site amenities for this development were located north of the canal and those south of the canal were on the property where the existing home is located that is now under private ownership. For this reason, staff requested the applicant modify the previous development agreements for the sole purpose of entering into a new one and apply for a new preliminary plat with stand-alone common area and site amenities. Concept Plan: The applicant submitted a conceptual development plan included in Exhibit A.3 that depicts how the 47+/- acres owned by the applicant located on the east & west sides of Standing Timber Way is proposed to develop. The applicant intends to submit the preliminary plat for the property on the west side of Standing Timber Way (i.e. Caven Ridge Estates West) within 2 to 3 years — after construction of Phase 4 of the Caven Ridge Estates East plat. The overall layout is substantially the same as the previous plat for Cavanaugh Subdivision. A total of 6.49 acres (or 13.78%) total open space is proposed with 5.15 acres (or 10.9%) of that amount being "qualified" per the standards listed in UDC 11 -3G -3B. Because this property is under different ownership and is developing separately from that to the north of the canal and to the west of Standing Timber Way (Parcel #51130234045), staff recommends the existing DA (Instrument No. 106151214, amended Instrument No. 108065958) is amended to exclude the subject property and a new DA is required for the subject property. The new DA should include the proposed conceptual development plan and building elevations included in Exhibit A.2 and require future development to substantially comply with those plans. It should also require site amenities to be provided as proposed. See Exhibit A.5 for Staff's recommended DA provisions. 2. PRELIMINARY PLAT (PP): A preliminary plat is proposed consisting of 93 building lots and 7 common lots on 32.59 acres of land in the R-8 zoning district. The plat is proposed to develop in 5 phases as shown in Exhibit A.3. The average lot size is 10,505 square feet (s.f.) with a minimum lot size of 6,955 s.f. in accord with UDC standards. Note: The configuration of the proposed plat is consistent with the previously approved plat for Cavanaughi Subdivision. Dimensional Standards: The lots in the proposed subdivision are required to comply with the dimensional standards of the R-8 zoning district listed in UDC Table 11-2A-6 and the block length standards listed in UDC 11 -6C -3F. Staff has reviewed the proposed plat and found it in compliance with the dimensional standards of the district, but not in compliance with the maximum block length standard of 750 feet in residential districts or 1,000 feet where a pedestrian pathway is provided. Block 4, which includes a pedestrian pathway, runs along the south boundary of the site and measures approximately 1,450 feet in length. City Council may approve a block face up to 1,200 feet in length where block design is constrained by site conditions that include an abutting urban project with no adjoining alley or street connections such as Reflection Ridge Subdivision that abuts the property to the south. The lots to the south abut this property for a continuous 1,260+/- feet from the east boundary to the west with only one pathway to break up the block face. Because this exceeds the maximum length allowed by approximately 250 feet, it does not comply with UDC standards and cannot be approved in its current configuration. Staff suggests the following revision to the plat: Reconfigure the streets in the southern portion of the development into two loops (S. Cannon Way/S. Daybreak Ave./E. Pisa Dr./S. Pisa Pl. and S. Standing Timber Way, S. Twilight Rise Way and E. Pisa Dr.). Common driveways may be used for access to lots (up to 6) off these streets as set forth in UDC 11 -6C -3D. Implementation of this Caven Ridge Estates East — MDA, PP H-2017-0020 PAGE 6 EXHIBIT A change (or a similar change) will result in a block face length below 1,200 feet which, if approved by City Council, will comply with block length standards. Access/streets: Access will be provided via existing local streets from S. Standing Timber Way, a collector street, via E. Victory Road. Connection to existing stub streets in Caven Ridge Estates Subdivision No. 1 is proposed as well as to an existing local street (E. Mona Lisa St.) at the east boundary. Direct lot access via Standing Timber Way and E. Rumpel Lane, both collector streets, is prohibited; a note as such should be included on the final plat. (Note: E. Rumpel Lane will likely be re- nained as Hart -is Street, consistent with that on the west side of S. Meridian Road.) This property has 25 feet of frontage on S. Meridian Road that currently exists as Rumple Lane, a private street, along the south boundary of the site. The Master Street Map depicts a collector street in this location and a 3 -legged roundabout at the E. Rumple Ln./S. Windstone Ave. intersection. Access via the state highway (SH 69) is allowed by UDC 11 -3H -4B at the half mile marls between section line roads as proposed. ACHD is not requiring the roundabout. A traffic signal is also planned for the Rumple (Harris)/Meridian Road intersection. Rumple Lane will be required to be improved as a collector street in accord with ACHD's requirements but will not be able to be used for access to this development until more land is acquired from the property at the northeast corner of S. Meridian Road and Rumple Lane. Landscaping: Landscaping is required within the development as set forth in UDC 11-3B. A 20 -foot wide street buffer is required along S. Standing Timber Way and E. Rumpel Ln., both designated collector streets, landscaped in accord with the standards listed in UDC 11-313-7C. A street buffer is depicted on the landscape plan along Standing Timber Way and along the north side of Rumpel Lane west of Standing Timber Way in accord with UDC standards. Landscaping is required in common areas in accord with the standards listed in UDC 11 -3G -3E; along pathways in accord with the standards listed in UDC 11-313-12C; and within parkways in accord with the standards listed in UDC 11 -3A -17E. A minimum 5 -foot wide landscape strip is required on each side of the pathway planted with a mix of trees, shrubs, lawn and/or other vegetative groundcover (one tree every 100' of pathway). The proposed micro -pathways comply with this standard; the landscaping along the north side of the multi -use pathway along the canal does not comply with this standard. The landscape plan depicts 20' of landscaping on the south side of the pathway along the canal but no landscaping on the north side of the pathway; the plan should be revised to comply with UDC standards. The landscape plan also incorrectly depicts lot lines through this common area. Note: The curb, sidewalk and street buffer along the south side of Runnpel Lane will be required to be constructed when the property to the south (#S1130325752) redevelops in the future as dictated by the alignment of W. Harris Street on the west side of S. Meridian Road, per ACHD. Mitigation: The UDC (11 -3B -10C.5) requires mitigation for all existing healthy trees 4" caliper and larger that are removed from the site. The City Arborist, Elroy Huff, visited the site and determined there were no existing trees that require mitigation. Sidewalks: Sidewalks are required to be constructed with development in accord with UDC 11-3A-17. A minimum 5 -foot wide detached sidewalk is required along S. Standing Timber Way and Rumpel Ln., both collector streets; minimum 5 -foot wide sidewalks are required along internal local streets as proposed. Sidewalks are proposed in accord with this requirement. Pathways: Pathways are required to be constructed in accord with the standards fisted in UDC Ll -3A-8. The Pathways Master Plan designates a 10 -foot wide multi -use pathway along the south side of the Ridenbaugh Canal on this site; landscaping proposed along the pathway does not comply with UDC Caven Ridge Estates East — MDA, PP 11-2017-0020 PAGE 7 EXHIBIT A standards (see Landscaping section above). Micro -pathways are proposed internally. Pathways proposed on the site comply with the construction standards listed in the UDC. Common Open Space & Site Amenities: Coronion open space and site amenities are required to be provided in accord with the standards listed in UDC 11-3G-3. A minimum of 10% (or 3.26 acres) qualified open space and one site amenity is required. A total of 4.10 acres (or 12.6%) of qualified open space is proposed consisting of parkways, the street buffer along S. Standing Timber Way, and an open grassy area over 50' x 100' in area; detailed calculations should be submitted with the final plat application(s). Amenities are proposed to include a swimming pool, (2) 18' x 18' structures connected by a roof in the middle containing restrooms, and a pool equipment and outdoor furniture storage room (see Exhibit A.2); large open area; playground equipment; and internal and multi -use pathways that are proposed to be shared by all Caven Ridge Estates residents. Because 37 building lots were approved in Caven Ridge Estates Subdivision that adjoins this site without any amenities, staff recommends the amenities proposed with this development in Lot 1, Block 2 are constructed with Phase I of Caven Ridge Estates East as proposed by the applicant. Parkways: Parkways are required to comply with the standards listed in UDC11-3A-17E. Six-foot wide parkways are proposed along internal local streets. Root barriers are required with 6 -foot wide parkways and Class Il trees are required to be planted. If parkways are widened to 8 feet, root barriers are not required and Class I or III trees may be considered. Fencing: All fencing should comply with the standards listed in UDC 11-3A-17. A 6 -foot tall vinyl fence is proposed around the perimeter of this development. The Ridenbaugh Canal is required to be fenced with a 6 -foot tall, 11 gauge, 2 -inch mesh or other construction, equivalent in ability to deter access to the waterway; the plans shall be revised accordingly. Waterways: The Ridenbaugh Canal is a large waterway that runs along the north boundary of this property and is proposed to remain open. The UDC (11-3A-3) requires waterways to be piped or otherwise covered unless improved as a water amenity or linear open space. Due to its large capacity, the applicant does not wish to pipe the facility; a waiver to UDC 11 -3A -6A is required to be approved by Council for the waterway to remain open. 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. Services will be extended from Caven Ridge Estates No. 1. 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 Owner'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 constriction shall follow best management practice as adopted by the City in accord with UDC 11-3A-18. Stormwater is proposed to be retained on- site in seepage beds designed by a civil engineer. Building Elevations: Conceptual building elevations were submitted for the future homes in this development as shown in Exhibit A.2. Building materials consist of a mix of stucco, vertical & horizontal wood siding with stone and brick accents. Certificate of Zoning Compliance (CZC): A CZC is required to be submitted to the Planning Division and approved for the swimming pool, stricture and parking area in accord with UDC 11-5B-1. Caven Ridge Estates East — MDA, PP H-2017-0020 PAGE 8 EXHIBIT A Design Review: A Design Review application is required to be submitted to the Planning Division concurrently with the CZC application for approval of the structure. The building elevations are required to comply with the standards listed in the Architectural Standards Manual. Staff recornrnends approval of the proposed MDA and PP applications as reconznzended by staff' in Exhibits A.5 and B. IX. EXHIBITS A. Drawings/Other 1. Vicinity/Zoning Map 2. Phasing/Conceptual Development Plans and Building Elevations 3. Proposed Preliminary Plat (dated: 2/15,117 6/6/2017) 4. Proposed Landscape Plan (dated: 2/9/17) revised stamp dated 5/30/17) 5. Development Agreement Provisions for Caven Ridge Estates B. Agency & Department Comments/Conditions C. Legal Description & Exhibit Map of Property Subject to Development Agreement D. Required Findings from Unified Development Code Caven Ridge Estates East — MDA, PP H-2017-0020 PAGE 9 EXHIBIT A Exhibit A.1: Vicinity/Zoning Maps Caven Ridge Estates East— MDA, PP H-2017-0020 PAGE 10 EXHIBIT A Exhibit A.2: Phasing/Conceptual Development Plans & Building Elevations Configuration of the plat has been hR Ci s, r -K, Vlfwi revised- Phasing Plan only E (LLLJ= -I J -j I I I IJ E S TAT E S X I I , I I - -- - Timeline: 1. Phase I Center (DONE) 2. Phase I East 3. Phase 2 East 4. Phase 3 East 5. Phase 4 East 6. Phase I West 7. Phase 2 West 8. Phase 5 East Caven Ridge Estates East —MDA, PP H-2017-0020 PAGE 11 wa t�\N R�Jllil /57R�1- Q I Vic -ropy qo, o 'T CR')� EXHIBIT A Caven Ridge Estates East — MDA; PP H-2017-0020 PAGE 12 EXHIBIT A Concept Site Plan & Elevation of Structure in Pool Area Caven Ridge Estates East — MDA, PP H-2017-0020 PAGE 13 EXHIBIT A Caven Ridge Estates East — MDA, PP H-2017-0020 PAGE 14 EXHIBIT A Exhibit A.3: Proposed Preliminary Plat (dated: 2/1547 616/2 0 1 71 RELIVI AR L'T FOR CAVEN RIDGE ESTATES EAST SUBDIVISION SITUATED IN THE WEST H&F OF SECTION 30. _ TOWISHIP3NORTH. M40E I EAST, 80ISE MERIDIAN. MERIDIAN IDAHO E.r—. &T111 I1 1 2017a i S2&E P "> � I I r 9 -0 1�� ❑ aa Ile } u• hM� 4{� y l\\ , \eta? / � wu PP -02 a� Rrc�i ""e" rR _, El PP [i�3-� - , I S �'.� •�4 ] 32 t91 'An f i Fi t�a�5' w4 'I f ,",. .... i 1 PP 03 - , _�. t 3•r J I , rt r:.-... _ . - .� _L •,aTt< t w 1Lar.: -T iett¢ PP -01 Caven Ridge Estates East — MDA, PP H-2017-0020 PAGE 15 EXHIBIT A A t8p 0 '17 uj tn' t ��702 enr- Caven Ridge Estates East — MDA, PP H-2017-0020 PAGE 16 �l-- 7 HJ; A4 Opt 00 4 o M EXHIBIT A - •.� j � '� `I tet � � � ` ���°`�§� i �e s < if x y — ,-- � g 539 i 6w i ' Y ,E z PP -04 Caven Ridge Estates East — MDA, PP H-201.7-0020 PAGE 17 EXHIBIT A Exhibit A.4: Proposed Landscape Plan (dated: 2/9/17, revised stampdated5130/17) FROJUI-T DEz--F.tnm LANPSCAFF REOVRPMENTS; LANPtGAFCMOVEE, Caven Ridge Estates East — MDA, PP H-2017-0020 PAGE FEHC1K6LE6EN[? lu t 11�*,�,� 7 L r L —1b ! —177T I LM FEHC1K6LE6EN[? lu OVERVEA —rf,00 t OVERVEA —rf,00 EXHIBIT A IM rM + d fitpp r t-� 'STM. ni i `_ �= •.Vus.+Y+wr-i-`_.—__ Z � 9 ! �, I PS �(. 'r 6 II! N 4 1I v ..i T k 4n -ssws.S J Ss mal I P�PLAN G i l OVEQViEN =770 I woarni' � LJ LJ_ t—1 � Caven Ridge Estates East — MDA, PP II -2017-0020 PAGE 19 EXHIBIT A Exhibit A.5: Development Agreement Provisions for Caven Ridge Estates 1. Development of the subject property shall substantially comply with the conceptual development plan and building elevations included in Exhibit A.2 and the conditions of approval associated with the preliminary plat in Exhibit B. 2. The overall development shall include a minimum of 5.15 acres (or 10.9%) of qualified open space as set forth in UDC 11 -3G -3B. 3. The development shall include at a minimum, the following amenities: a children's play structure; swimming pool; structure containing restrooms, pool equipment room, and outdoor furniture storage room; a large open space area; internal pathways; and a multi -use pathway along S. Meridian Road and along the south side of the Ridenbaugh Canal in accord with UDC 11 -3G -3C. 4. The site amenities (i.e. swinmliing pool; structure with restrooms and pool & outdoor furniture storage; parking lot and children's play structure) in Lot 1, Block 2 shall be constructed with Phase I of Caven Ridge Estates East Subdivision. 5. The Ridenbaugh Canal is re"ired to be piped or- otherwise covered uffless improved as a water amenity of lopeninear- spaceunless waived by City routieil as set forth in UDC_ 11 3A � n Cit�Council approved a waiver to UDC 11 -3A -6A to allow the Ridenbauah Canal to remain open and not be piped due to the large capacity of the facility. Caven Ridge Estates East— MDA, PP H-2017-0020 PAGE 20 EXHIBIT A B. Agency & Department Comments/Conditions 1. PLANNING DIVISION 1.1 Development Agreement 1.1.1 The existing development agreement, recorded as Instrument #106151214, and amended Instrument No. 108065958, shall be amended to exclude the subject property. A fee of $303.00 shall be paid to the Planning Division after approval of the Findings by City Council. 1.1.2 The new Development Agreement (DA) shall be signed by the property owner and returned to the Planning Division within six (6) months of the City Council granting the modification/new agreement. The DA shall, at minimum, incorporate the provisions in Exhibit A.5 and the conceptual development plan and building elevations in Exhibit A.2. a. A legal description is Fequired to be subfflitted for the boundary of the area governed by the DA. This has been submitted and is included in Exhibit C. 1.2 Preliminary Plat - Site Specific Conditions of Approval 1.2.1 The preliminary plat included in Exhibit A.3, dated 2/15/17 6/6/17, shall be revised as follows at least 10 days p ,. to +leo City Council hearing: �. ..M. OMAN MM M. exam M c. Include a note on the final plat stating direct lot access to S. Standing Timber Way and E. Rumpel Lane/Harris St. is prohibited. dl D„b.lie street f•....+. shall b ;i3r-ovided via .. lox...1 street for the out vafeetl where the e olleetof street is r -oh b ire e. Depict a minimum 15 -foot wide common lot for a pathway between Lots 51 & 52, Block 4. 1.2.2 The landscape plan included in Exhibit AA, dated 2/9/17 (revised 5/30/171, shall be revised as follows: a. Include a detailed calculations table that demonstrates compliance with qualified open space and landscaping requirements. b. Depict the Feeonfigufation of the plat as required above in oendition #1.1 e. Remove the lot lines depioted through the common lot senWning the landseaping and padv", along the Ridenbaugh Ganah d. Landscaping is required along the n,.r+>, side of the adjacent to the pathway along the Ridenbaugh Canal in accord with the standards listed in UDC 11-313-12C. Trees and landscaping required along the Dathwav should be Drovided within the common lot, not_adiacent to the building lots, unless otherwise approved through Alternative ComDlianee. e. Fencing is required along the south side of the Ridenbaugh Canal between the canal and the pathway as set forth in UDC 11 -3A -6B.3 to deter access to the ditch for public safety purposes. Caven Ridge Estates East — MDA, PP H-2017-0020 PAGE 21 EXHIBIT A home is loeated!, direct access via StandinL, Timber Way, a eollector street, is prohibited-. g. Depict a minimum 15 -foot wide common lot containing a 5 -foot wide pathway with 5 feet of landscaping on either side between Lots 51 & 52, Block 4, as set forth in UDC 11-313-12C. 1.2.3 The developer shall construct all proposed fencing and/or any fencing required by the UDC, consistent with the standards as set forth in UDC 11-3A-7 and 11 -3A -6B. 1.2.4 A Certificate of Zoning Compliance and Design Review application shall be submitted for approval of the swimming pool, structure and parking area prior to submittal of a building permit application for such items. 1.2 General Conditions of Approval 1.2.1 Comply with all bulk, use, and development standards of the R-8 zoning district listed in UDC Table 1I - 2A -6. 1.2.2 Comply with all provisions of I 1-3A-3 with regard to access to streets. 1.2.3 Construct on -street bikeways on all collector streets as set forth in UDC 11-3A-5. 1.2.4 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set forth in UDC 11-3A-6. 1.2.5 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11-3A-15, UDC 11-313-6 and MCC 9-1-28. 1.2.6 Comply with the sidewalk standards as set forth in UDC 11-3A-17. 1.2.7 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-313-5J. 1.2.8 Construct all off-street parking areas consistent with the standards as set forth in UDC 11-3C-6 for non- residential uses. 1.2.9 Construct the required landscape buffers consistent with the standards as set forth in UDC 11-313-7C. 1.2.10 Construct storm water integration facilities that meet the standards as set forth in UDC 11-313-11C. 1.2.11 Construct all parkways consistent with the standards as set forth in UDC 11 -3A -17E, 11-3G-3135 and 1I- 313 -7C. 1.2.12 Comply with all subdivision design and improvement standards asset forth in UDC 11-6C-3, including but not limited to cul-de-sacs, alleys, driveways, conunon driveways, easements, blocks, street buffers, and mailbox placement. 1.2.13 Protect any existing trees on the subject property that are greater than four -inch caliper and/or mitigate for the loss of such trees as set forth in UDC 11-313-10. 1.2.14 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle. 1.3 Ongoing Conditions of Approval 1.3.1 The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets the standards as set forth in UDC 11-313-6 and to install and maintain all landscaping as set forth in UDC 11- 313-5, UDC 11-313-13 and UDC 11-313-14. 1.3.2 All conunon open space and site amenities shall be maintained by an owner's association as set forth in UDC 11-3G-3171. 1.3.3 The project is subject to all current City of Meridian ordinances and previous conditions of approval associated with this site. Caven Ridge Estates East — MDA, PP H-2017-0020 PAGE 22 EXHIBIT A 1.3.4 The applicant and/or property owner shall have an ongoing obligation to prune all trees to a minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the area. 1.3.5 The applicant shall have an ongoing obligation to maintain all pathways. 1.3.6 The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. 1.3.7 The applicant and/or property owner shall have an ongoing obligation to maintain all landscaping and constructed features within the clear vision triangle consistent with the standards in UDC 11-3A-3. 1,4 Process Conditions of Approval 1.4.1 No signs are approved with this application. Prior to installing any signs on the property, the applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3 Article D and receive approval for such signs. 1.4.2 The applicant shall complete all improvements related to public life, safety, and health as set forth in UDC 11 -5C -3B. A surety agreement may be accepted for other improvements in accord with UDC 11- 5C -3C. 1.4.3 The final plat, and any phase thereof, shall substantially comply with the approved preliminary plat as set forth in UDC 11-6B-3 C2. 1.4.4 The applicant shall obtain approval for all successive phases of the preliminary plat within two years of the signature of the City Engineer on the previous final plat as set forth in UDC 11 -6B -7B (if applicable). 1.4.5 The preliminary plat approval shall be null and void if the applicant fails to either 1) obtain the City Engineer signature on a final plat within two years; or, 2) gain approval of a time extension as set forth in UDC 11-6B-7. 1.4.6 Upon installation of the landscaping and prior to inspection by Planning Division staff, the applicant shall provide a written certificate of completion as set forth in UDC 11 -3B -14A. 2. PUBLIC WORKS DEPARTMENT 2.1 Site Specific Conditions of Approval 2.1.1 The subject development falls within two separate water pressure zones, and therefore will need to provide connections to each of those zones. The utility plans submitted with the application do not show a water main in S. Cannon Way, The S. Cannon Way water main must connect to existing water main to the east. Lots on E. Pisa Drive west of S. Twilight Rise Way cannot be served by pressure zone 4. Pressure Zone 5 water must be brought from offsite (existing main lines to east at the Reflection Ridge Subdivision, and west to Meridian Road) in order to serve these lots. Valves must be installed to enable pressure zone boundary (inline valve on S Standing Timber Way near the subdivision boundary, and valve on west side of E. Pisa Drive and S. Twilight Rise Way. 2.1.2 A street light plan will need to be included in the final plat application. Street light plan requirements are listed in section 6-7 of the City's Design Standards. A copy of the standards can be found at http://www.meridiancity.org/ptiblic—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- Caven Ridge Estates East — MDA, PP H-201.7-0020 PAGE 231 1 1 ,' EXHIBIT A grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2.2 Per Meridian City Code (MCC), the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 2.2.3 The applicant shall provide casement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20 -feet wide for a single utility, or 30 -feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2" x 11" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted, reviewed, and approved prior to signature of the final plat by the City Engineer. 2.2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 9-2-28C1). 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. Caven Ridge Estates East — MDA, PP H-2017-0020 PAGE 24 EXHIBIT A 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 conforinance with MCC 11-1-413. 2.2.17 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop Ell 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 peals groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1 -foot above. 2.2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACRD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.2.20 At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.2.21 Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting (http://www.meridiancity.org/publie—worlcs.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 comments on this application. 4. FIRE DEPARTMENT Caven Ridge Estates East — MDA, PP H-2017-0020 PAGE 25 EXHIBIT A 4.1 All common driveways shall be straight or have a turning radius of 28' inside and 48' outside and have a clear driving surface of 20' in width capable of supporting an imposed weight of 75,000 GVW, per International Fire Code Section 503.2. 4.2 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 D 103.6 Signs — "No Parking" signs are required to be erected along the driveway leading to the swimming pool/common area on Lot 1, Block 2, 4.3 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. 5. REPUBLIC SERVICES 5.1 Republic Services did not submit comments on this application. 6. PARKS DEPARTMENT 6.1 Developer shall construct a 10' multi -use pathway along the south side of die Ridenbaugh Canal per the Meridian Pathways Master Plan. A pedestrian easement shall be required with final plat. 7. ADA COUNTY HIGHWAY DISTRICT (A hearing was scheduled before the ACHD commission for this application on May 24"' and tivas continued to June 2]s'— a final report should be issued after that date.) 7.1 Site Specific Conditions of Approval (DRAFT) 7.1.1 Construct Standing Timber Way internal to the site as a 46 -foot street section with vertical curb, gutter and 5 -foot wide detached sidewalk. Dedicate a minimum of 50 -feet of right of way for Standing Timber Way. 7.1.2 Provide a permanent right-of-way easement for all public sidewalks placed outside of the dedicated right-of-way. The easement shall encompass the entire area between the right-of-way line and 2 -feet behind the back edge of the sidewalk. 7.1.3 Construct Rumpel Lane east of Standing Timber Way, abutting the site, as a 36 -foot street section, with vertical curb, and gutter. Construct 5 -foot wide (minimum) detached concrete sidewalk on the north side of Rumpel Lane. Dedicate a minimum of 40 -feet of right-of-way for this segment of Rumpel Lane, extending to the southern property line. 7.1.4 Dedicate the offsite portion of Rumpel Lane west of Standing Timber Way to Meridian Road (SH -69) to ACHD as right-of-way for the future construction of the full public street. 7.1.5 Provide a road trust of $16,750 for the Rumpel Lane / Harris Street and Meridian Road (SH -69) traffic signal. 7.1.6 Provide a road trust of $38,700 for the off-site portion of Rumpel Lane to Meridian Road (SH -69). 7.1.7 Construct internal local streets as 33 -foot street sections with rolled curb, gutter and 5 -foot wide detached sidewalk. Dedicate a minimum of 37 -feet of right-of-way for all internal local streets. 7.1.8 Construct Pisa Drive to intersect Standing Timber Way located 220 -feet north of Rumpel Lane. 7.1.9 Extend the existing stub streets as follows into the site: Standing Timber Way Palermo Drive Cannon Way Sicily Drive Caven Ridge Estates East— MDA, PP.H-2017-0020 PAGE 26 EXHIBIT A Mona Lisa Street 7.1.10 Extend the right of way for Standing Timber Way to the western property line a minimum of 50 -feet wide in alignment with Pisa Drive, to allow for the future extension to the undeveloped site to the west. 7.1.11 Redesign the intersection of Pisa Drive and Twilight Rise Way to provide a minimum tangent length of 150 -feet OR Redesign the intersection to a T-type intersection (intersecting at a 90° angle) and provide center landscape medians or chicanes on Pisa Drive. 7.1.12 Standing Timber Way and Rumpel Lane are classified as collector roadways. Direct lot access is prohibited to these roadways and should be noted on the final plat. 7.1.13 Payment of impacts fees are due prior to issuance of a building permit. 7.1.14 Comply with all Standard Conditions of Approval. 7.2 Standard Conditions of Approval (DRAFT) 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 ACRD right-of-way. 7.2.3 In accordance with District policy, 7203.3, the applicant may be required to update any existing non- compliant pedestrian improvements abutting the site to meet current Americans with Disabilities Act (ADA) requirements. The applicant's engineer should provide documentation of ADA compliance to District Development Review staff for review. 7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.2.5 A license agreement and compliance with the District's Tree Planter policy is required for all landscaping proposed within ACHD right-of-way or easement areas. 7.2.6 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.2.7 It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 7.2.8 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 7.2.9 All design and construction shall be in accordance with the ACHD Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Standards unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.2.10 Construction, use and property development shall be in conformance with all applicable requirements of ACHD prior to District approval for occupancy. 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 Caven Ridge Estates East — MDA, PP H-2017-0020 PAGE 27 h EXHIBIT A ACRD. The burden shall be upon the applicant to obtain written confirmation of any change from ACRD. 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. Caven Ridge Estates East —.MDA, PP H-2017-0020 PAGE 28 EXHIBIT A C. Legal Description & Exhibit Map of Property Subject to Development Agreement UB J•U•B ENGINEERS, INC, HU -'B CWAPANIFS Cavan Ridge Estates West Preliminary Plat Boundary Description Project Number 10-16-141 May 19, 2017 TNS MATIN LAN OOOH �'. HMWA r.- 4POUP ;INC. A parcel of land situated in the northwest quarter of Section 30, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, and being more particularly described as follows: Commencing at the northwest section corner of Section 30, Township 3 North, Range 1 East, Boise Meridian; Thence S00°25'44"W, 410.86 feet along the west line of the northwest quarter of section 30; Thence S89°34'16"E, 70.00 feet to the intersection of the east right-of-way line of South Meridian Road (Hwy 69) and the center line of the Ridenbaugh Canal, and the southwest corner of Red Wing Subdivision (Book 105 of Plats at Pages 14405 through 14409, records of Ada County, Idaho), the POINT OF BEGINNING: Thence S44°08'28"E, 314.59 feet along the center line of the Ridenbaugh Canal and the boundary of Red Wing Subdivision; Thence S57"31'52"E, 69.47 feet along the center line of the Ridenbaugh Canal and the boundary of Red Wing Subdivision; Thence 570"55'16"E, 1146.43 feet along the center line of the Ridenbaugh Canal, the boundary of Red Wing Subdivision, and the boundary of Silverwater Subdivision No. 2 (Book 110 of Plats at Pages 15649 through 15652, records of Ada County, Idaho) to the northwest corner of Caven Ridge Estates Subdivision No. 1(Book 111 of Plats at Pages 15947 through 15951, records of Ada County, Idaho); Thence S19°04'44"W, 49.91 feet along the boundary of Cavan Ridge Estates Subdivision to a 5/8 inch rebar; Thence N70°59'40"W, 20.06 feet along the boundary of Caven Ridge Estates Subdivision to a 5/8 inch rebar; Thence S19°01'48"W, 94.00 feet along the boundary of Cavan Ridge Estates Subdivision to a 5/8 inch rebar; Thence S21°30'41"W, 56.05 feet along the boundary of Cavan Ridge 'A L" Estates Subdivision; i ' y�,ff Thence 127.68 feet on a non -tangent curve to the right, concave ° � '� q northwesterly, having a radius of 242.50 feet, a central angle of i1`��/f1�/���, Page 1 of 3 a 250 5 Beechwood Avenue Suite 201 Boise ID 83709 p 208-376-7330 1'208-323-9336 it, www.iubxom Caven Ridge Estates East — MDA, PP H-2017-0020 PAGE 29 J -U -B J•U•B ENGINEERS, INC. Preliminary Plat continued... EXHIBIT A J-U-EcoiNA'ANIE # cpaupoM MACPPNO 30°10'05", a chord bearing of 542652'25"W, and a chord length of 126.21 feet, along the boundary of Caven Ridge Estates Subdivision to a 5/8 Inch rebar; Thence S57°51'54"W, 140.06 feet along the boundary of Caven Ridge Estates Subdivision to a 5/8 inch rebar; Thence 27204 feet on a non -tangent curve to the left, concave Southeast, having a radius of 457.50 feet, a central angle of 34"04'09", a chord bearing of S40"44'56"W, and a chord length of 268,05 feet, along the boundary of Caven Ridge Estates Subdivision to a 5/8 inch rebar; Thence S24°34'17"W, 20,66 feet along the boundary of Caven Ridge Estates Subdivision to the boundary of Parcel "TIC 5" (Special Warranty Deed Instrument No. 113100373 and Warranty Deed Instrument No. 2016-120082, records of Ada County, Idaho); Thence S21°10'33"W, 54.18 feet along the boundary of Parcel "TIC 5"; Thence N23'24'15"W, 1.61 feet along the boundary of Parcel "TIG 5"; Thence N66'15'13"W, 89.20 feet along the boundary of Parcel "TIC 5"; Thence 572'28'28"W, 27.67 feet along the boundary of Parcel "TIC 5"; Thence N61'17'30"W, 50.00 feet along the boundary of Parcel "TIC 5"; Thence N15'03'28"W, 27,67 feet alongthe boundary of Parcel "TIC 5"; Thence N26'38'52"E, 50.16 feet along the boundary of Parcel "TIC 5"; Thence N75°03'31"E, 28,94 feet along the boundary of Parcel "TIC 5"; Thence N2842'30"E, 43.06 feet along the boundary of Parcel "TIC 5"; Thence 124,44 feet on a curve to the right, having a radius of 425.00 feet, a central angle of 16°46'33", a chord bearing of 1\137°05'47"E, and a chord length of 123.99 feet, along the boundary of Parcel "TIC 5"; Thence N43'48'48"W, 110.00 feet along the boundary of Parcel "TIC 5"; Thence N45'37'37"E, 60.54 feet along the boundary of Parcel "TIC 5';.�` EPo Thence N37'37'55"E, 47.89 feet along the boundary of Parcel "TICS"; D Page 2 of 3�� S� n 250 S. Beechwood Avenue, Suite 201, Boise, ID 83709 p 208-376-7330 f 208-323-9336 it, www.-oxom Caven Ridge Estates East— MDA, PP H-2017-0020 PAGE 30 J,U-B J^U-B ENGINEERS, INC. Preliminary Plat continued... EXHIBIT A TNi GATEWAY 1-U-2•COMPANIES A� LAN 00 INC. Thence N72°47'40"W, 81,99 feet along the boundary of Parcel "TIC 5"; Thence N78°17'17"W, 69.15 feet along the boundary of Parcel "TIC 5"; Thence N71°1.6'52"W, 92.48 feet along the boundary of Parcel "TIC 5"; Thence N63°55'29"W, 250.21 feet along the boundary of Parcel "TIC 5"; Thence 518"09'01"W, 80.37 feet along the boundary of Parcel "TIC 5"; Thence S06°40'03"E, 27.19 feet along the boundary of Parcel "TIC 5"; Thence S86a45'46"W, 130.96 feet along the boundary of Parcel "TIC 5"; Thence N76°21'04"W, 50.81 feet along the boundary of Parcel "TIC 5"; Thence N86`01'49"W, 189.46 feet along the boundary of Parcel "TIC 5" to the east right-of-way line of South Meridian Road (Hwy 69); Thence NO2°56`31"W, 98.59 feet along the east right-of-way line of South Meridian Road (Hwy 69); Thence N00°25'44"E, 639.67 feet along the east right-of-way line of South Meridian Road (Hwy 69) to the POINT OF BEGINNING. The above-described parcel contains 14.49 acres, more or less. Page 3 of 3 a 250 5. Beechwood Avenue, Suite 201, Boise, ID 83709 p 208-376-7330 f 208-323-9336 ,a www.Jub.com Caven Ridge Estates East —MDA, PP H-20170020 PAGE 31 U EXHIBIT A ter 2 Caven Ridge Estates West - NW4 S30 T3N R1 E 35 n00.2544e 639,67 p spa 5(1912017 Scale: 1 inch= 200 feet File: 18 n26,3852e 50.16 Tract 1: 14.4855 Acres, Closure: n21.2110e 0.01 ft. (1/551387), Perimeter,=4737 ft 01 s44.0828e 314.59 21 Rt, r-425.00, delta=016.4633, chord=07A547e 123.99 0267 3152e 69.47 22 n43,4848w 110 03 s7o.5516e 1146.43 23 n45,3737e 60.54 04 s19.0444w 49,91 24 n37.3755e 47.89 05 n70.5940w 20.06 25 n72,4740w 81,99 06 09.0148w 94 07 s21.3041w 56.05 26 n78.1717w 68.15 27 n71,1652w 92.48 08 Rt, r-24250, delta=030,1005, chord=s42.5225w 126.21 28 n63.5529w 250.21 08 s57,5154w 140.06 29 s18.0901w 80.37 _ 10 Lt, r-457.50, delta=034.0409, chord=s40.4456w 268.05 30 s06.4003e 27.19 0 11 s24.3417w 20.66 31 s86A546w 130.96 34 Ml 12 s21.1033w 54.18 32 n76.2104w 50.81 13 n23.2415w 1,61 33 n86.0149w 189.46 14 n66.1513w 89.2 34 n02,5631w 98.59 15 s72.2828w 27.67 35 n00.2544e 639,67 p spa l.1730w 50 167 n165.0328w 27,67 AEL i -I 18 n26,3852e 50.16 19 n75,0331a 28.94 20 n28A230e 43.06 Caven Ridge Estates East- MDA, PP H-2017-0020 PAGE 32 EXHIBIT A UB)h )-U-B C 1k,111APIIFS J -U -B ENGINEERS, INC. Caven Ridge East Preliminary Plat Boundary Description Project Number 10-16-141 February 14, 2017 - I THE -TEWAY t` LAN9QON MAPPWa aRCUP INC. A parcel of land situated in the west half of Section 30, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, and being more particularly described as follows; Beginning at the center quarter -section corner of Section 30, Township 3 North, Range 1 East, Boise Meridian; Thence 589°44'39"W, 1323.00 feet along the south line of the northwest quarter of Section 30 and the north line of Reflection Ridge Subdivisions No, 3 & 5 (Book 108 of Plats at Pages 15152 through 15156 and Book 110 of Plats at Pages 15760 through 15764, records of Ada County, Idaho) to the center -west sixteenth -section corner of Section 30; Thence 500°00'07"W, 25.00 feet along the east line of the northwest quarter of the southwest quarter and the boundary of Reflection Ridge Subdivision No. 5; Thence 589°43'33"W, 1074.00 feet parallel with and 25.00 feet from the south line of the northwest quarter to the east right-of-way line of South Meridian Road (Hwy 69); Thence N00°32'42"E, 25.00 feet along the east right-of-way line of South Meridian Road (Hwy 69) to the southwest corner of Parcel "TIC 5" (Special Warranty deed Instrument No. 113100373 and Warranty Deed Instrument No. 2016-120082, records of Ada County, Idaho); Thence N89°39'47"E, 639.51 feet along the boundary of Parcel "TIC 5"; Thence N00°02'38"W, 188.40 feet along the boundary of Parcel "TIC 5"; Thence N00°00'33"W, 204.82 feet along the boundary of Parcel "TIC 5"; Thence 201.87 feet on a curve to the right, having a radius of 35750 feet, a central angle of 32°21'09", a chord bearing of N16°10'02"E, and a chord length of 199.19 feet, along the boundary of Parcel "TIC 5"; Thence N32°05'14"E, 50.42 feet along the boundary of Parcel "TIC 5"; Thence N76°38'15"E, 1.28 feet along the boundary of Parcel "TIC 5" to _ 15 I tn��.` the boundary of Caven Ridge Estates Subdivision No. 1(Book 111 of Elf F ' Plats at Pages 15947 through 15951, records of Ada County, Idaho); C1- '� 4 Page 1 of 4 ` r�� t 5 a 250 S. Beechwood Avenue Suite 201, Boise, ID 83709 p 208-376-7330 ( 208-323-9336 it, wmAv.jub.com Caven Ridge Estates East— MDA, PP H-2017-0020 PAGE 33 EXHIBIT A J'U'B J•U•8 1ENGINURS, INC. Preliminary Plat continued... THE GAUWAY LANODON MAPPING CR UP INC. Thence N58°04'22"E, 110.63 feet along the boundary of Coven Ridge Estates Subdivision No. 1 to a 5/8 inch rebar; Thence N64°37'21"E, 286.47 feet along the boundary of Coven Ridge Estates Subdivision No. 1 to a 5/8 inch rebar; Thence 1\122'38'40"W, 63.39 feet along the boundary of Coven Ridge Estates Subdivision No.1 to a 5/8 inch rebar; Thence N05°22'31"W, 53.87 feet along the boundary of Coven Ridge Estates Subdivision No.1 to a 5/8 inch rebar; Thence N19°32'14"E, 129.25 feet along the boundary of Coven Ridge Estates Subdivision No. 1 to a 5/8 inch rebar, Thence 56.73 feet on a non -tangent curve to the left, concave northerly, having a radius of 628.00 feet, a central angle of 05°10'33", a chord bearing of 569'47'47"E, and a chord length of 56.71 feet, along the boundary of Coven Ridge Estates Subdivision No. 1 to a 5/8 inch rebar; Thence N17°25'30"E, 56.00 feet along the boundary of Coven Ridge Estates Subdivision No.1 to a 5/8 inch rebar; Thence 13.87 feet on a non -tangent curve to the right, concave northerly, having a radius of 572.00 feet, a central angle of 01°23'20", a chord bearing of N71°40'17"W, and a chord length of 13,86 feet, along the boundary of Coven Ridge Estates Subdivision No. 1 to a 5/8 inch rebar; Thence N18'56'07"E, 195.05 feet along the boundary of Coven Ridge Estates Subdivision No. 1 to the center line of the Ridenbaugh Canal and the boundary of Silverwater Subdivision No. 2 (Rook 110 of Plats at Pages 15649 through 15652, records of Ada County, Idaho); Thence S59°42'58"E, 143.69 feet along the center line of the Ridenbaugh Canal and boundary of Silverwater Subdivision No. 2; Thence S65"00'16"E, 398.40 feet along the center line of the Ridenbaugh Canal and boundary of Silverwater Subdivision No. 2; Thence 21.63 feet on a curve to the right, having a radius of 250.00 feet, a central angle of 04°57'30", a chord bearing of S62°31'31"E, and a chord length of 21.63 feet, along the center Ilse of the Ridenbaugh � of Page 3 of 4 j, a 250 S, Beechwood Avenue Suite 201 Boise, ID 83709 p 208-376-7330 f 208-323-9336 iv www,jub.com Caven Ridge Estates East — MDA, PP H-2017-0020 PAGE 34 EXHIBIT A -- J E C4lv1P.�e�lL5 ! J 1AN.0 ry MAPPING OROUP INC, JdI.H ENGINEERS, INC. Preliminary Plat continued... Canal and boundary of Silverwater Subdivision No. 2 to the east line of the northwest quarter of Section 30; Thence SOOa07'13"E, 1115.19 feet along the east line of the northwest quarter and the boundary of Reflection Ridge Subdivision No. 3 to the POINT OF BEGINNING. The above-described parcel contains 32.59 acres, more or less. Page 4 of 4 S, a 250 S. Beechwood Avenue, Suite 201, Boise, Ib 83709 p 208-376-7330 i 208-323-9336 it, www.jub.com Caven Ridge Estates East — MDA, PP H-2017-0020 PAGE 35 EXHIBIT A PRELIMINARY PLAT FOR CAVEN RIDGE ESTATES EAST SUBDIVISION SITUATED IN THE WEST HALF OF SECTION 30, TOWNSHIP 3 NORTH, RANGE I EAST, BOISE MERIMM, MERIDIAN, IDAHO 0..s of 0' 6,,q t 19 —.� —mw*710AE LZ mwn'0 Mole 2017 2.5, is E. 'Artory Rd, Li L5 5 244.20-6-1 'Im, LG -5IVtVWE 2E72* A L7 257'44'257 5412' 19 H70'01'52T 27 a'. LIU 27-42 til 03 3� 02 hs2rat N 6387' 13 E. RLW, fL LN —L—F" I dims L 589r43'33*W 1014.00' 4� C,rs J9 0, 1W ub—dlhl. lgay 5-dN llu FIA i to PP -02 it 71 16 uly 1. 15451— a b, 504'03'0A A51— sW0310A PP -04 21 14 tYi 4 N09'57*55"E NR tog.,", b '31 P —10 piM �14 It 'j 17 'b to CI/4 -7 S89 -43'33-W 1074,00' Caven Ridge Estates East — MDA, PP 1-1-2017-0020 PAGE 36 EXHIBIT A D. Required Findings from Unified Development Code 1. PRELIMINARY PLAT: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: a. The plat is in conformance with the Comprehensive Plan; The City Council finds that the proposed plat is in substantial compliance with the adopted Comprehensive Plan in regard to transportation and circulation. Please see Comprehensive Plan Policies and Goals, Section VII, of the Staff Report for more 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 inore information 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 continents provided by public service providers (i.e., Police, Fire, ACRD, etc.) (see Exhibit B for more detail). e. The development will not be detrimental to the public health, safety or general welfare; and The City Council is not aware of any health, safety, or environmental problems associated with the platting of this property. ACHD considers road safety issues in their analysis. The City Council finds the proposed development will not be detrimental to the public health, safety or general welfare. 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. Caven Ridge Estates East — MDA, PP H-2017-0020 PAGE 37