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Bannock Ridge H-2017-0050ADA COUNTY RECORDER Christopher D. Rich 2017-084176 BOISE IDAHO Pgs=55 VICTORIA BAILEY 09/07/2017 11:19 AM CITY OF MERIDIAN, IDAHO NO FEE DEVELOPMENT AGREEMENT PARTIES: 1, City of Meridian 2. Aaron and Jennifer Shay; Matthew and Aneke, Binford; and Allan and Rose Marsh, Owners 3. Chris Findlay, Two C Development, LLC, Developer THIS 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, hereafter called CITY whose address is 33 E. Broadway Avenue, Meridian, Idaho 83642 and Aaron and Jennifer Shay, whose address is 3155 S. Mesa Way, Meridian, Idaho 83642; Matthew and Aneke Binford whose address is 3101 S. Mesa Way, Meridian, Idaho 83642; and Allan and Rose Marsh, whose address is 2940 S. Mesa Way, Meridian, Idaho 83642, hereinafter called OWNERS and Chris Findlay, Two C Development, LLC, whose address is 5222 W. Catalpa Ct., Boise, Idaho 83703, hereinafter called DEVELOPER, 1. RECITALS: 1,1 WHEREAS, Owners are the sole owners, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A", which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property; and 1.2 WHEREAS, Idaho Code § 67-6511 A provides that cities may, by ordinance, require or permit as a condition of zoning that the Owners and/or Developer make a written commitment concerningtheuse or development of the subject Property; and 13 WHEREAS, City has exercised its statutory authority by the enactment of Section 11-5B-3 of the Unified Development Code ("UDC"), which authorizes development agreements upon the annexation and/or re -zoning of land; and 1A WHEREAS, Owners and/or Developer has submitted an application for the annexation of approximately 9,42 acres of land with the R-4 (Medium Low Residential) zoning district in Ada County (as described in Exhibit "A"), under the Unified Development Code, which generally describes how the Property will be developed and what improvements will be made; and 1,5 WHEREAS, Owners and/or Developer made representations at the public hearings both before the Meridian Planning & Zoning Commission. and DEV13LOPMPNT AORBEMBNT—BANNOCKR1DG5 (H-2017^0050) PAGE 1 OF 11 before the Meridian City Council, as to how the Property will be developed and what improvements will be made; and 1.6 WHEREAS, the record of the proceedings for the requested rezone on the Property held before the Planning & Zoning Commission, and subsequently before the City Council, includes responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and includes further testimony and comment; and 1.7 WHEREAS, on the 5 1 day of July, 2017, the Meridian City Council approved certain Findings of Fact and Conclusions of Law and Decision and Order ("Findings"), which have been incorporated into this Agreement and attached as Exhibit "B"; and 1.8 WHEREAS, the Findings require the Owners and/or Developer to enter into a Development Agreement before the City Council takes final action on final plat; and 1.9 WHEREAS, Owners and/or Developer deems it to be in its best interest to be able to enter into this Agreement and acknowledges. that this Agreement was entered into voluntarily and at its urging and request; and 1.10 WHEREAS, City requires the Owners and/or Developer to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this Agreement, herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure zoning designation are in accordance with the amended Comprehensive Plan of the City of Meridian on October 11, 2016, Resolution No. 16-1173, and the UDC, Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 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. DEVELOPMENT AGREEMENT-BANNOCK RIDGE (H-2017-0050 PAGE 2 OF 11 3.2 OWNERS: means and refers to Aaron and Jennifer Shay, whose address is 3155 S. Mesa Way, Meridian, Idaho 83642; Matthew and Aneke Binford, whose address is 3101 S. Mesa Way, Meridian, Idaho 83642; and Allan and Rose Marsh, whose address is 2940 S: Mesa Way, Meridian, Idaho 83642, the parties that own said Property and shall include any subsequent owner(s) of the Property. 3.3 DEVELOPER: means and refers to Chris Findlay, Two C Development, LLC, whose address is 5222 W. Catalpa Ct., Boise, Idaho 83703 the party that is developing said Property and shall include any subsequent developer(s) of the Property. 3.4 PROPERTY: means and refers to that certain parcel(s) of Property located in the County of Ada, City of Meridian as described in Exhibit "A" describing the parcels to be annexed and zoned Medium Low Density Residential (R-4) zoning districts and attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right to develop the Property in accordance with the terms and conditions of this Agreement. 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under the UDC. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner and/or Developer shall develop the Property in accordance with the following special conditions: a. Future development of this site shall be generally consistent with the preliminary plat, landscape plan and building elevations depicted in the Staff Report attached to Exhibit B, Findings of Fact Conclusions of Law. b. The Owners and/or Developer shall be responsible for all costs associatedwith the sewer and water service extension. c. All of the existing homes proposed to remain on lots within the subdivision are required to hook up to City water and sewer service within 60 days of it being available to said lots. d. Any and all existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance 5-7-517, when services are available from the City of Meridian. Wells maybe used for non-domestic purposes such as landscape irrigation. DEVELOPMENT AGREEMENT-BANNOCKRIDGE (IH -2017-0050) PAGE 3 OF 11 e. The Tenmile Creek shall be improved as necessary and protected during development. The creek shall remain open as a natural amenity and not be piped or otherwise covered. f. If 2 -story homes are constructed on Lots 11 and 12, Block 2, they will be highly visible from E. Victory Road, an arterial street, Therefore, the rear elevations of 2 -story homes shall 'incorporate articulation through changes in two or more of the following: material type, projections, recesses, step -backs, bays, banding, pop -outs, porches, balconies or other architectural elements to breakup monotonous wall planes and roof lines. This does not apply to single -story homes. g. A 10 -foot wide segment of the City's multi -use pathway system that crosses this site is required to be constructed within a 14 -foot wide public use easement in accord with the Pathways Master Plan per the standards listed in UDC 11-3A-8 and 11 -3B -12C. Submit the easement to the Planning Division with the final plat application for approval by City Council and subsequent recordation. h. Ifpermission can be obtained from the Glacier Springs homeowner's Association to the west, the developer shall extend and connect the multi -use pathway off-site to the existing pathway which stops short of the property line by approximately 10 feet. 6. COMPLIANCE PERIOD This Agreement must be fully executed within six (6) months after the date of the Findings for the annexation and zoning or it is null and void. 7. DEFAULT/CONSENT TO DE -ANNEXATION AND REVERSAL OF ZONING DESIGNATION: 7.1 Acts of Default. Either party's failure to faithfully comply with all of the terms and conditions included in this Agreement shall constitute default under this Agreement. 7.2 Notice and Cure Period. In the event of Owner and/or Developer's default of this Agreement, Owner and/or Developer shall have thirty (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 and/or Developer that is not cured after notice as described in Section 7.2, Owners and/or Developer shall be deemed to have consented to modification of this Agreement and de - annexation and reversal of the zoning designations described herein, solely against the offending portion of Property and upon City's compliance with all applicable laws, ordinances and rules, including any applicable provisions of Idaho Code §§ 67-6509 and 67-6511. Owner and/or Developer reserve all rights to contest whether a default has occurred, This Agreement shall be DEVELOPMENT AGREEMENT-BANNOCK RIDGE (H-2017-0050 PAGE 4 OF 11 enforceable in the Fourth Judicial District Court in Ada County by either City or Owner and/or Developer, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 7.4 Delay. In the event the performance of any covenant to be performed hereunder by either Owner and/or Developer or City is delayed for causes that are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 7.5 Waiver. A waiver by City of any default by Owner and/or Developer of any one or more of the covenants or conditions hereof shall apply solely to the default and defaults waived and shall neither bar any other rights or remedies of City nor apply to any subsequent default of any such or other covenants and conditions. 8. INSPECTION: Owner and/or Developer shall, immediately upon completion of any portion or the entirety of said development of the Property as required by this Agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Agreement and all other ordinances of the City that apply to said Property. 9. REQUIREMENT FOR RECORDATION: City shall record this Agreement, including all of the Exhibits, and submit proof of such recording to Owner and/or Developer, prior to the third reading of the Meridian Zoning Ordinance in connection with the re -zoning of the Property by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby, the City shall execute and record an appropriate instrument of release of this Agreement. 10. ZONING: City shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. 11. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under the UDC, to insure the installation of required improvements, which the Owner and/or Developer agree to provide, if required by the City. 12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the City, or sufficient surety of performance is provided by Owner and/or Developer to the City in accordance with Paragraph 11 above. 13. ABIDE BY ALL CITY ORDINANCES: That Owner and/or Developer agree to abide by all ordinances of the City of Meridian unless otherwise provided by this Agreement. DEVELOPMENT AGREEMENT - BANNOCK RIDGE (H-2017-0050 PAGE 5 OF 11 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 OWNERS: Aaron and Jennifer Shay 3155 S. Mesa Way Meridian, Idaho 83642 Allan and Rose Marsh 2940 S. Mesa Way Meridian, Idaho 83642 DEVELOPER: Chris Findlay, Two C Development, LLC 5222 W. Catalpa Ct. Boise, Idaho 83703 With copy to: City Attorney City of Meridian 33 E. Broadway Avenue Meridian, ID 83642 Matthew and Aneke Binford 3101 S. Mesa Way Meridian, Idaho 83642 14.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owner and/or Developer, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in anyway 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 DEVELOPMENT AGREEMENT— BANNOCK RIDGE (H-2017-0050) PAGE 6 OF I I herein expressed. City agrees, upon written request of Owner and/or Developer, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined that Owner and/or Developer have fully performed their obligations under this Agreement. 18, INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided, 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 and/or Developer and City relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owner and/or Developer and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. 21.1 No condition governing the uses and/or conditions governing re -zoning of the subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. [end of text; signatures, acknowledgements, and Exhibits A and B follow] DEVELOPMENT AGREEMENT -BANNOCK RIDGE (H-2017-0050) PAGE 7 OF 11 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNERS: J1,4 A n hay S4�f2 Matthew Binford Allan Marsh DEVELOPER: Two C Development, LLC By: Chris Findlay CITY OF MERIDIAN -00 Mayor Tammy de Weerd Jetn3iShay Aneke Binford Rose Marsh ATTEST: C.Jay Coles, City Clerk DEVELOPMENT AGREEMENT - BANNOCK RIDGE (H-2017-0050) PAGE 8 OF 11 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNERS; Aaron Shay Matthew Binford Asian Marsh DEVELOPER; Two C De eloprnent By; Chris Findlay Rose Marsh CITY OF MERIDIAN ) AUGUST' ATTE By 4 °� Mayor 01d �1 DIAD yy Jay Col City Clerk MVELOPMENT AGREEMENT-- BANNOCK RIDO.E (H-2017-0050) WAGE 8 OF I I ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. Aaron Shay Matthew Binford ��✓1 N aA,/— \ Allan Marsh DEVELOPER: Two C Development, LLC By: Chris Findlay CITY OF MERIDIAN 1.2 Mayor Tammy de Weerd Jennifer Shay Aneke Binford Rose Marsh ATTEST: C.Jay Coles, City Clerk DEVELOPMENT AGREEMENT-BANNOCK RIDGE (H-2017-0050) PAGE 8 OF I I STATE OF IDAHO ) ss; County of Ada, ) On this �-[— day of A , 2017, before me, the undersigned, a Notary Public in and for said State, personally appeared Aaron Shay know& or identified to me to be the person who signed above and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. No �Vlrl- (SEAL) `` �.,,. ,.. `°' ®T14�' / N tart'Publ aho Residing at: c c •� My Commission Expires:JIB `N d j •,, °;�®�� E © STATE OF IDAHO ) ss: County of Ada, ) On this _- /_ day of _6[ 1o' 2017, before me, the undersigned, a Notary Public in and for said State, kn n personally appeared Jennifer Shay r identified to me to be the person who signed above and acknowledged to me that she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. _`%I110 ttrY/jf®a (SEAL) ®T s i r zfl �l F i o� /! STATE OF IDAHO ) ss: County of Ada, ) lUtary Public for Idaho Residing at: Im le - My Commission Expires: On this _® day of , 2017, before me, the undersigned, a Notary Public in and for said State, personally appeared Matthew Binford known or identified to me to be the person who signed above and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) Notary Public for Idaho Residing at: My Commission Expires: DEVELOPMENT AGREEMENT — BANNOCK RIDGE (H-2017-0050) PAGE 9 OF 1 I STATE OF IDAHO � ss: Sp County of Ada,) On this 90day of, 2017, before me, the undersigned, a Notary Public in and for said State, personally appeared Aaron Shay 10norlidentified to me to be the person who signed above and acknowledged to me that he executed the same. ♦��%'i.above wrWitten.�OF, l have hereunto afi�'� `e •e°. ..°le. - e 0 i��AH 0'����� STATE OF IDAHO ) ss: County of Ada, ) in this a On this day of , 2017, before me, the undersigned, a Notary Public in and for said State, personally appeared Jennifer Shay known or identified to me to be the person who signed above and acknowledged to me that she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) STATE OF IDAHO Notary Public for Idaho Residing at: My Commission Expires: ss: County of Ada, ) On this � day of l 1, 0171 before me, the undersigned, a Notary Public in and for said State, Pp personallyappeared Matthew Bifef d known or identified to me to be the person who signed above and acknowledged to me that he executed the same. ,`tit 1 �t, IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this ®`e,%6" it mti� tt above written. qj • °• I• • s ® "nv�' �' "7 O`• n Notary Publi 0 i • 1 '08 LIG b Residing at: ® My Commission Expires: DEVELOPMENT AGREEMENT— BANNOCK RIDGE (H-2017-0050) PAGE 9 OF 11 STATE OF IDAHO . ss: County of Ada, ) On this Dj— day of, 2017, before me, the undersigned, a Notary Public in and for said State, personally appeared Aneke Binfor known or identified to me to be the person who signed above and acknowledged to me that she executed the same. 1 1 t IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this ♦♦♦�a X912 *Above written. 4otary ell0 :. 'Public siding at: • .00 My Commission Expires: ®moo✓ % ~•••..►...• 'M�iArg�AHo ) ss: County of Ada, ) On this day of , 2017, before me, the undersigned, a Notary Public in and for said State, personally appeared Allan Marsh known or identified to me to be the person who signed above and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) Notary Public for Idaho Residing at: My Commission Expires: STATE OF IDAHO ss: County of Ada, ) On this day of , 2017, before me, the undersigned, a Notary Public in and for said State, personally appeared Rose Marsh known or identified to me to be the person who signed above and acknowledgedto me that she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) Notary Public for Idaho Residing at: My Commission Expires: DEVELOPMENT AGREEMENT - BANNOCK RIDGE (H-2017-0050) PAGE 10 OF 11 STATE OF IDAHO ) ss: County of Ada, ) On this I day of AK5.,-d , 2017, before me, the undersigned, a Notary Public in and for said State, personally appeared Aneke Binform known or identified to me to be the person who signed above and acknowledged to me that she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. `O%% % I IIIiIII'//'/ stj DPA (SEAL) �""°•.PppP ti O" PP ✓ ✓ NOTARY e w g PUBLIC do STATE OF IDAHO ) ss. rrr���'C T. VQ County of Ada, ) Notary Public for Idaho Residing at: 9/ ;?4 54 5'r--(4 My Commission Expires: ql-21) On this L day of 2017, before me, the undersigned, a Notary Public in and for said State, personally appeared Allan Marshknown identified to me to be the person who signed above and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ````��ttiiiltl�i���� (SEAL) � � � D Notary Public for Idaho NOTARY Residing at: 7 2•- V. PUBLIC My Commission Expires: q771206 STATE OF IDAHO ) �f��°°°•�"°°P4 � .`` ss: O't0��\ County of Ada, ) On this A -11-t day of At 5 , 2017, before me, the undersigned, a Notary Public in and for said State, personally appeared Rose Marsh known or identified to me to be the person who signed above and acknowledged to me that she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) Notary Public for Idaho Residing at: My Commission Expires: DEVELOPMENT AGREEMENT-BANNOCKRIDGE (H-2017-0050) PAGE 10 OF l I STATE OF IDAHO ss: County of Ada, ) On this Z day OfA.RW.4, 2017, before me, the undersigned, a Notary Public in and for said State, personally appeared Chris F101 -ay - n -own or identified to me to be the person who signed above and acknowledged to me that he executed the same on behalf of Two C. Development, LLC, IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written, too, , ,e44 +�r 6gi° Ia 006p 8�' ��P C) 'r (SEAL) ,.`� G© N O 7': a � �f'� B ~ acng �l o y p PBS�+,IC °rr 00•og000ea +00 {.+jrO�D t i 411*0 0 STATE OF IDAHO ) ss County of Ada Notary Pub c, r Idaho / Residing at: ��t�//L1 My Cammissron Expires: ---= f c�- On this_Ldayof�2017, before me,.a NotaryPublia; personally appeared Tammy de W.eerd and C,Jay Coles, know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same, IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written, (SEAL) ••�•••��TA E`��` 0 I I • (�hadm t6M�:: Notary Public for [ a "1Residing at: C{ Commission expires: DEVELOPMENT AGREEMENT — BANNOCK RIDGE (H-20170050) PAGE 1 I OF 11 EXHIBIT A DESCRIPTION FOR Bannock Ridge Estates Subdivision Lots 1, 2 and 3, Block 2 of Kachina Estates Subdivision as filed in Hook 35 of Plats at Wage 3016, records of Ada County, Idaho, located In the Southwest V4 of the Southeast 114 of Section 19, Township 3 North, i"tange 1 East, Boise Meridian, Ada County, Idaho being more particularly described as follows: COMMENCING at the 5114 corner of said Section 19 from which the SE comer of said Section 19 beers North $91,42'05" hast, 2639.96 feet; thence along the South boundary line of said Sectlon 19 thence North 89°42'05" East, 535.$1 feet; thence leaving said South boundary line North 12°24'22" West, 33.75 feet to the SW corner of said Lot 1, said point being the REAL POINT OF BEGINNING; thence along the westerly boundary line of said Lot 1 North 12024'22" West, 138.33 feet; thence continuing along the westerly boundary line of said Lot 1 and the westerly boundary tine of said Lots 2 and 3 North 00"19'50" East, 1,174.10 feet to the NW corner of said Lot 3; thence along the northeasterly boundary line of said Lot 3 South 5002715" East, 803.01 feat to the NE corner of said Lot 3; thence along the southeasterly boundary line of said Lot 3 the following 2 courses and distances: thence South 39°27'06" West, 76.42 feet; thence 111,27 feet along the are of a curve to the left, said curve having a radius of 180.38 feet, a central angle of 39045102" and a long chord of 109.05 feet which bears South 19°34138" West to the NE comer of said Lot 2; thence along the East boundary line of said Lots 2 and 1 South 00"17'55" East, 611.58 feet; thence along the southerly boundary line of said Lot 1 the following 2 courses and distances: thence 31.42 feet along the arc of a curve to the right, said curve having a radius of 20.00 feet, a central angle of 90"00'00" and a long chord of 28.28 feet which bears South 44°4205" Vilest; thence South 89042'05" West, 494.95 feet to the REAL POINT OF BEGINNING. Containing 13.68 acres, more or less. , Bannock Ridge — AZ, PP H-2017-0050 — Exhibit A to Development Agreement DESCRIPTION FOR Bannock Rldge Estates Subdivision Lots 1, 2 and 3, Black 2 of Kachina Estates Subdivision as filed in Book 35 of Plats at Wage 3016, records of Ada County, Idaho, located In the Southwest 1/4 of the Southeast 1/4 of Section 19, 'township 3 North, Mange 1 Bast, Bolse Meridian, Ada County, Idaho being more particularly described as follows: COMMENCING at the S1/4 comer of said Section 19 from which the Sir comer of said Section 19 beers North 89°42'05" East, 2639,96 feet; thence along the South boundary line of said Section 19 thence North $9042'05" East, 535.81 feet; thence leaving said South boundary line North 12°24122" West, 33.75 feet to the $W corner of said Lot 1, said point being the REAL POINT OF BEGINNING; thence along the westerly boundary line of said Lot 1 North 12°24'22" West, .136.33 feet; thence continuing along the westerly boundary line of said Lot 1 and the westerly boundary tine of said Lots 2 and 3 North 00"10'60" East, 1,174.10 feet to the NW corner of said Lot 3; thence along the northeasterly boundary line of said Lot 3 South 50°27'36" East, 803.01 feet to the NE corner of said Lot 3; thence along the southeasterly boundary line of said Lot 3 the following 2 courses and distances: thence South 39°27106" West, 76,42 fleet; thence 111.27 feet along the are of a curve to the left, said curve having a radius of 160.36 feet, a central angle of39°45'02" and a long chard of 109.05 feet which bears South 19°34'36" West to the NE comer of said Lot 2; thence along the East boundary line of said Lots 2 and 1 South 00"17'55" East, 611.58 feet; thence along the southerly boundary line of said Lot 1 the following 2 courses and distances: thence 31.42 feet along the are of a curve to the right, said curve having a radius of 20.00 feet, a central angle of 90°00'00" and a long chord of 28.28 feet which bears South 44°42'05" West; thence South 89042'05" West, 494.95 feet to the REAL POINT OF BEGINNING. Containing 13.68 acres, more or less. Bannock Ridge — AZ, PP H-2017=0050 — Exhibit A to Development Agreement EXHIBIT B CITY OF MERIDIAN IDIAM FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER , In the Matter of the Request for Annexation and Zoning of 9.42 Acres of Land with an R-4 Zoning District; and a Preliminary Plat Consisting of 31 Building Lots and 6 Common Lots on 13.57 Acres of Land in the R-4 Zoning District for Bannock Ridge Subdivision, by Chris Findlay, Two C Development, LLC. Case No(s). H-2017-0050 For the City Council Hearing Date of: July 5, 2017 (Findings on July 11, 2017) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of July 5, 2017, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of July 5, 2017, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of July 5, 2017, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of July 5, 2017, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Cleric upon the applicant, the Cormiiunity 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-2017-0050 - 1 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of July 5, 2017, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's request for annexation & zoning and preliminary plat is hereby approved with the requirement of a development agreement per the conditions of approval in the Staff Report for the hearing date of July 5, 2017, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two (2) years of the approval of the preliminary plat or the combined preliminary and final plat or short plat (UDC 11 -6B -7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two (2) years, may be considered for final approval without resubmission for preliminary plat approval (UDC 11 -6B -7B). Upon written request and filed by the applicant prior to the terinination 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 1I - 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 67-651 IA. 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 t7-0050 - 2 - agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six (6) month approval period. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of July 5, 2017 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2017-0050 -3 - By action of the City Council at its regular meeting held on the _ _ day of �U6� 2017. COUNCIL PRESIDENT KEITH BIRD VOTED. COUNCIL VICE PRESIDENT JOE BORTON VOTED COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED / COUNCIL MEMBER TY PALMER VOTED COUNCIL MEMBER LUKE CAVENER VOTED COUNCIL MEMBER GENESIS MILAM VOTED MAYOR TAMMY de WEERD VOTED (TIE BREAKER) Attest: e C.Ja oles City Cleric Q�0 �90� Vb (.ley J( A� Z A� ISI a"o ) Weerd Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney, By: L_-- Dated: City lerk's Office CITY OF MERIDIAN FINDINGS Or FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2017-0050 -4- STAFF REPORT Hearing Date: TO: FROM: SUBJECT: EXHIBIT A July 5, 2017 (Continued frons June 27, 2017) Mayor & City Council Sonya Allen, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 Bannock Ridge — AZ, PP (H-2017-0050) I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Chris Findlay, Two C Development, LLC, has submitted an application for annexation and zoning (AZ) of 9.42 acres of land with an R-4 zoning district; and a preliminary plat (PP) consisting of 31 building lots and 6 common lots on 13.57 acres of land in the R-4 zoning district for Bannock Ridge Subdivision. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed AZ and PP applications in accord with the conditions of approval in Exhibit B and the Findings of Fact and Conclusions of Law in Exhibit E. The Meridian Planning & Zoning Commission heard these items on May 18 and June 1, 2017. At the public hearing on June 1St, the Commission moved to recommend approval of the subject AZ and PP requests. a. Summary of Commission Public Hearing: L In favor: Dan Lardie ii. In opposition: None W. Commenting: None iv. Written testimony: Dan Lardie, Liz Echanis v. Staff presenting application: Sonya Allen A. Other staff commenting on application: None b. Key issue(s) of Public Testimony: L Concern regarding the requirement for a water main connection out to S. Mesa Way — Staff was amenable to removing that condition (#2.1.1) as Lots 11-13 will be served by installing long water services to these lots. ii. Concern regarding the removal of existing mature trees along the west boundary adjacent to Glacier Springs Subdivision; fencing height along the west boundary; trenching along the west boundary damaging root systems of existing trees on Glacier Springs property; and construction work done on the site that may jeopardize the safety of their pets. c. Key Issues of Discussion by Commission: i. Would like to see another amenity provided within the development such as a park bench, pocket park, gazebo, etc. — something besides just a pathway. d. Commission Change(s) to Staff Recommendation: i. Delete condition #2.1.1 pertaining to the requirement for a water main connection out to S. Mesa Way as agreed upon by Staff. Bannock Ridge — AZ, PP H-2017-0050 PAGE 1 EXHIBIT A e. Outstandinj4 Issues) for City Council: i. None The Meridian City Council heard these items on July 5 2017 At the public hearing the Council approved the subject AZ and PP regu -& Snmmary of City Council Public Hearing: h In favor: Dan Lardie Applicant's Representative ii. Inapnosition: None iii. Commenting: None iv. Written testimony: None v. Staff presenting application: Sonya Alle A. Other staff commenting on application: None 1L. Key issue(s) of Public Testimony: L None - .c, Key Issues of Discussion by Council: L The provision of another site amenity as recommended by the Commission. d: Key Council Changes to Staff/Commission Recommendation L Council required another site amenity to be provided; the applicant agreed to provide a park bench (see condition III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2017- 0050, as presented in the staff report for the hearing date of July 5, 2017, with the following modifications: (Add any proposed modifications). Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2017-0050, as presented during the hearing on July 5, 2017, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2017-0050 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is located at 2940, 3101 and 3155 S. Mesa Way, in the SE'/4 of Section 19, Township 3 North, Range 1 East. (Parcel No.'s: R4814130225; R481430200; and R4814130172) B. Owners: Aaron and Jennifer Shay 3155 S. Mesa Way Meridian, ID 83642 Bannock Ridge — AZ, PP H-2017-0050 PAGE 2 EXHIBIT A Matthew and Aneke Binford 3101 S. Mesa Way Meridian, ID 83642 Allan and Rose Marsh 2940 S. Mesa Way Meridian, Idaho 83642 C. Applicant: Chris Findlay, Two C Development, LLC 5222 W. Catalpa Ct. Boise, ID 83703 D. Representative: Dan Lardie, Leavitt & Associates Engineers, Inc. 1324 1" Street South Nampa, ID 83651 E. Applicant's Statement/Justification: Please see applicant's narrative for this information. V. PROCESS FACTS A. The subject application is for annexation and preliminary plat. A public hearing is required before the Planning & Zoning Cormnission and City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: April 28, 2017 (Commission); June 9, 2017 (City Council) C. Radius notices mailed to properties within 300 feet on: April 20, 2017 (Commission); June 8, 2017 (City Council) D. Applicant posted notice on site(s) on: May 5 and 22, 2017 (Commission); June 23, 2017 (City Council Vl. LAND USE A. Existing Land Use(s) and Zoning: The subject property consists of three rural residential/agricultural properties zoned R-4 and RUT in Ada County, B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: Rural residential property, zoned RUT in Ada County 2. East: Single-family residential properties in Cabella Creels Subdivision, zoned R-4 3, South: E. Victory Road and future single-family residential properties, zoned R-8 4. West: Single-family residential properties in Glacier Springs Subdivision, zoned R-4 C. History of Previous Actions: This property was platted as Lots 1, 2 and 3, Block 2, Kachina Estates Subdivision in 1974. A record of survey (#8450) was recorded in 2008 for the southernmost parcel of land (prior to annexation into the City) which reconfigured the property boundaries of Lots 1 and 2. The Shay property was annexed (AZ -08-012) into the City with an R-4 zoning district in 2009 with the requirement of a development agreement, recorded as Inst. No. 109040251. A preliminary plat (PP -08-009) was also approved that consisted of 7 building lots and 3 Bannock Ridge — AZ, PP H-2017-0050 PAGE 3 EXHIBIT A common area lots on 4.45 acres of land for Shay's Cove Subdivision. A final plat was never submitted and the prelinzinaty plat has expired. D. Utilities: 1. Location of sewer: A sanitary sewer mains intended to serve the subject site currently exists directly adjacent to the west of the subject parcel in E. Loggers pass Street. 2. Location of water: Water mains intended to serve the subject site currently exist directly adjacent to the subject parcel in E. Loggers Pass Street and S. Mesa Way. 3. Issues or concerns: None E. Physical Features: 1. Canals/Ditches h7igation: The Ten Mile Creek runs along the northern boundary of this site. 2. Hazards: Staff is unaware of any hazards that may exist on this site other than the Ten Mile Creek which is required to be left open as a natural waterway and may present a hazard to young children. 3. Flood Plain: This site does not lie within the Meridian Floodplain Overlay District. The plat states that floodway zone AE is located within the bounds of the existing top of bank of Ten Mile Creek. VII. COMPREHENSIVE PLAN POLICIES AND GOALS The Comprehensive Plan Future Land Use Map (FLUM) designates this property as Low Density Residential (LDR). The LDR designation allows for the development of single-family homes on large lots where urban services are provided. Uses may include single-family homes at gross densities of 3 dwelling units or less per acre. The applicant proposes to develop this 13.57 acre site with 28 single-family residential detached homes, in addition to the 3 existing homes, at a gross density of 2.28 dwelling units per acre (d.u./acre), consistent with the density desired in LDR designated areas. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed use (staff analysis in italics): "Support a variety of residential categories (low-, medium-, medium-high and high-density single-family, multi -family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities." (3.07.01E) The proposed low density residential development will contribute to the range of housing opportunities available in the Cite. Staff is unaware of how "affordable" the homes will be in this development. "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 pr oposed lots upon development of the site in accord with UDC 11-3A-21. "Require new residential development to meet development standards regarding landscaping, signage, fences and walls, etc." (3.05.02C) Landscaping is required to be provided in common area lots within the subdivision in accord with the standards listed in UDC 11 -3G -3E and within the street buffer along E. Victory Road in accord with the standards listed in UDC 11 -3B -7C. Bannock Ridge — AZ, PP H-2017-0050 PAGE 4 EXHIBIT A "Protect existing residential properties from incompatible land use development on adjacent parcels." (3.06.01F) The proposed residential development should be compatible with existing and future adjacent low -medium density single-family residential and agricultural uses. "Require common area in all subdivisions." (3.07.02F) A total of 1.48 acres (or 11 %) of quaked open space is proposed, which complies with the minimum standards listed in UDC 11-3G-3. "Improve and protect creeks throughout commercial, industrial and residential areas." (5.01.01E) The Ten Mile Creek shall be improved as necessary and protected during construction. "Develop pathways to connect Meridian with Boise, Nampa, Kuna and Eagle." (6.01.02C) The segment of the City's multi. -use pathway system proposed to be constructed along the Ten Mile Creek with this development will provide a missing link in the pathway system that currently exists to the east and west. "Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity as part of a community pathway system." (3.03.03B) There are no pathway connections to this site other than sidewalks along the streets (E. Loggers Pass St. and S. Novara Way) that stub to this site and connect to S Mesa Way. These sidewalks will provide for pedestrian connectivity between. subdivisions. "Encourage infill development." (3.04.02B) The subject properly, along with 8 other lots to the north, is surrounded by land that has already been annexed and developed in the City. "Require new urban density subdivisions which abut or are proximal to existing low density residential land uses to provide landscaped screening or transitional densities with larger, more comparable lot sizes to buffer interface between urban level densities and rural residential densities." (3.05.02F) The proposed plat depicts 2 new building lots in addition to the existing home at the north bounday of this site adjacent to the S+/- acre rural parcel to the north. The Ten Mile Creek, located along the northh boundary, separates the rural parcel from the proposed development and landscaping required along the pathway will provide some screening of the proposed development. "Limit canal tiling and piping of ditches, creeks, and drains where public safety issues are not of concern." (5.01.01D) The Ten Mile Creek, a natural waterway that rains along the north boundary of this site is rewired to be left open and not be piped or otherwise covered per UDC 11 -3A -6A. "Review new development for appropriate opportunities to connect local roads and collectors to adjacent properties (stub streets). (3.03.020) There is one existing stub street (E. Loggers Pass St.) to this property from Glacier Springs subdivision at the west bounday of the site which is proposed to be extended with this development. No stab street are proposed to the north because of the Ten Mile Creek; public streets (S. Mesa Way and E. Victory Road) ram along the southh and east boundaries of the site. Bannock Ridge — AZ, PP H-2017-0050 PAGE 5 EXHIBIT A VIII. UNIFIED DEVELOPMENT CODE (UDC) A. Purpose Statement of Zone: Per UDC 11-2A-1, the purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian comprehensive plan. Residential districts are distinguished by the dimensional standards of the corresponding zone and housing types that can be accommodated. B. Schedule of Use: Unified Development Code (UDC) Table 11-2A-2 lists the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the R-4 district. Any use not explicitly listed, or listed as a prohibited use is prohibited. Single fancily detached dwellings are a principally permitted use in the R-4 district. C. Dimensional Standards: Development of the site should be consistent with the dimensional standards listed in UDC Tables 11-2A-5 for the R-4 zoning district. D. Landscaping: Landscaping shall be required in accordance with the standards listed in UDC 11- 3B -7C and 11 -3G -3E. E. Off -Street Parking: Off-street parking is required in accord with UDC Table 11-3C-6 for single- family dwellings. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: 1. Annexation & Zoning The applicant has applied for annexation and zoning of 9.42 acres of land from the RUT zoning district in Ada County to he R-4 zoning district in the City. The property is proposed to develop with 28 new single-family residential detached homes in addition to the 3 existing homes that are proposed to remain on lots in the proposed subdivision. The proposed R-4 zoning is consistent with the FLUM designation of LDR for this site as stated above in Section VII. The legal description submitted with the application, included in Exhibit C, shows the boundaries of the property proposed to be annexed and rezoned. The property is contiguous to land that has been annexed into the City and is within the Area of City Impact boundary. The City may require a development agreement (DA) in conjunction with an annexation pursuant to Idaho Code section 67-6511A. In order to ensure the site develops as proposed with this application, staff recommends a DA as a provision of annexation with the conditions included in Exhibit B. Because a DA already exists on the Shay property, staff recommends the new DA supersede the existing agreement. Staff has reviewed the existing DA and included any applicable provisions in the new DA (see Exhibit B, Section 1); the legal description in Exhibit D for the boundary of the plat and the area subject to the new DA should also be added as an exhibit. 2. Preliminary Plat The proposed plat consists of 31 residential building lots and 6 common lots on 13.57 acres of land in the proposed R-4 zoning district (see Exhibit A.2). The minimum property size is 8,002 square feet (s.£) with an average lot size of 13,812 s.£ A gross density of 2.28 dwelling units per acre (d.u./acre) is proposed, consistent with the LDR designation. The subdivision is proposed to develop in one phase. Existing Structures: There are 3 existing homes and associated accessory structures on this site. The home and accessory structures on the northern (Marsh) and the southern (Shay) Bannock Ridge — AZ, PP H-2017-0050 PAGE 6 EXHIBIT A parcels are all proposed to remain. The home on the middle (Binford) parcel is proposed to remain but the accessory structures are proposed to be removed. Removal of the structures should take place prior to signature on the final plat by the City Engineer. Staff has verified that all of the structures proposed to remain on lots within the subdivision comply with the setbacks for the R-4 district listed in UDC Table 11-2A-5. Dimensional Standards: Development of this site is required to comply with the dimensional standards listed in UDC 11-2A-3 and Table 11-2A-5 for the R-4 district and the subdivision design and improvement standards listed in UDC 11-6C-3. The proposed plat complies with the cul-de-sac length and common driveway standards listed in the UDC; however, Block 2 along the west side of the development exceeds the maximum block face length allowed of 750 feet without an intersecting street or alley. The site abuts an urban development, Glacier Springs Subdivision, to the west; no pedestrian pathways are stubbed to this site and only one vehicular stub street is provided at the north end of the site. For this reason, the applicant requests City Council approval of the proposed block face which measures 900' +/. The UDC allows Council to approve a block face up to 1,200 feet in length where block design is constrained by certain site conditions which include an abutting urban project with no adjoin alley or street connections. Without Council approval, the plat will need to be revised to comply with the block face standard. Access: Access to streets should comply with the standards listed in UDC 11-3A-3. Access is proposed for this site via an existing stub street (E. Logger's Pass St.) at the west boundary and S. Mesa Way at the east boundary via E. Victory Road. Direct lot access via Victory Road is prohibited. Because of the location of the Temnile Creels along the northern boundary of the site, staff does not recommend a stub street (and bridge) is provided for future interconnectivity with the property to the north; access for the parcel to the north exists via S. Mesa Way. A Traffic Impact Study (TIS) was not required by ACRD for this development. Streets: All of the proposed streets are public. Common Driveways: Common driveways are required to comply with the standards listed in UDC 11 -6C -3D. A common driveway is proposed for access to Lots 9 and 11-14, Block 1. Staff discussed providing a common driveway directly across the street to the south for access to Lots 3 and 4, Block 2; the applicant was in agreement but it's not shown on the plat. The final plat should include a common driveway for these lots. Parking: Off-street parking is required to be provided on each residential lot in accord with the standards listed in UDC 11-3C-6. For 2, 3 and 4 bedroom units, a minimum of 4 off-street parking spaces are required with at least 2 of those in an enclosed garage; other spaces may be enclosed or a minimum 10' x 20' parking pad. Landscaping: Landscaping is required to be provided in the proposed development as set forth in UDC 11-3B. A landscape plan was submitted with this application for the area proposed to be platted as shown in Exhibit A.3. A 25 -foot wide street buffer is required along E. Victory Road, an arterial street, as proposed in accord with the standards listed in UDC 11 -3B -7C. Landscaping within internal common areas is required to comply with the standards listed in UDC 11 -3G -3E. Detailed calculations are not depicted on the plat to demonstrate compliance with these standards; the landscape plan should be revised to include this information. Bannock Ridge — AZ, PP H-2017-0050 PAGE 7 EXHIBIT A Landscaping is required along all pathways in accord with the standards listed in UDC 11- 3B -12C. A 5 -foot wide landscape strip is required along each side of the pathway. Where the pathway turns to the north at the southwest corner of Lot 5, Block 1, there is not adequate area for landscaping on either side of the pathway as required; if the property line were adjusted to allow for the landscape strips, the existing adjacent structure would not comply with rear setback standards. Therefore, staff recommends the applicant submit a request for alternative compliance to UDC 11 -3B -12C.1, which requires a 5 -foot wide landscape strip on either side of the pathway. Tree Mitigation: Mitigation is required for all existing trees 4" caliper or greater that are removed from the site with equal replacement of the total calipers lost on the site up to an amount of 100% replacement. There are several existing trees on the site. The applicant should coordinate with the Elroy Huff, City Arborist, to confirm mitigation requirements prior to removal of any trees from the site. Mitigation calculations should be depicted on the landscape plan. Parkways: Eight -foot wide parkways are proposed throughout this development. All parkways shall be constructed and landscaped in accord with the standards listed in UDC 11- 3A-17. Open Space: A minimum of 10% qualified open space is required to be provided for this development in accord with UDC 11 -3G -3A.1. Based on the area of the preliminary plat (13.57 acres), a minimum of 1.36 acres of qualified open space is required to be provided as set forth in UDC 11 -3G -3B. The applicant proposes 1.36 acres (or 10.04%) of qualified open space consisting of 8 -foot wide parkways throughout the development, half the street buffer along E. Victory Road, and common areas where pathways are located in compliance with this requirement. The 0.23 of an acre lot (Lot 22, Block 2) that is proposed for drainage may comply with the standards listed in UDC 11 -3B -11C for stonnwater integration, which would allow it to be counted toward qualified open space but the applicant is unsure at this time if it will. The proposed qualified open space meets UDC standards without it. Site Amenities: A minimum of one site amenity is required to be provided within this development as set forth in UDC 11-3G-3. A segment of the City's 10 -foot wide multi -use pathway system is proposed along the south side of the Tenmile Creek along the north boundary of the site in accord with this requirement. A micropath is also proposed out to the sidewalk along Victory Road at the south boundary of the development. Pathways: Pathways are required to comply with the standards listed in UDC 11-3A-8 and 11 -3B -12C. The Pathways Master Plan designates a 10' wide pathway along the south side of the Temnile Creek on this property which will provide a connection to the existing pathways in Cabella Creek Subdivision to the east and Glacier Springs Subdivision to the west. Staff recommends the sidewalk along the west side of Mesa Way that crosses Lot 5, Block 1 to the multi -use pathway on Lot 2, Block 1 is widened to 10' to provide a continuous width pathway from the east. The pathway is required to be constricted within a 14 -foot wide public use easement in accord with the Pathways Master Plan per the construction standards listed in UDC 11-3A-8 and 11 -3B -12C; coordinate with the Pathways Project Manager, Jay Gibbons. If permission can be obtained from the Glacier Springs Homeowner's Association to the west, staff recommends the developer extend and connect the multi -use pathway off-site Bannock Ridge — AZ, PP H-2017-0050 PAGE 8 EXHIBIT A to the existing pathway which stops short of the property line by approximately 10 feet. There appears to be a structure (i.e, an irrigation box or something of that nature) at the encs of the pathway; connection to the pathway may require the pathway to curve around this structure. A micro -path connection is proposed from the sidewalk along the cul-de-sac at the south end of the development to the sidewalk along Victory Road. Sidewalks: Sidewalks are required along all public streets as set forth in UDC 11-3A-17. A 5 -foot wide detached sidewalk is required along E. Victory Road, an arterial street. Five-foot wide detached sidewalks are proposed with 8 -foot wide parkways internally along local streets within the development. Utilities: All development is required to connect to the City water and sewer system unless otherwise approved by the City Engineer in accord with UDC 11 -3A-21, Sewer and water services will be extended into the site from existing main lines in E. Logger's Pass at the northwest boundary of the site. All of the existing homes proposed to remain on lots within the subdivision are required to hook up to City water and sewer service within 60 days of it being available to said lots. Street lighting is required to be installed within the development in accord with the City's adopted standards, specifications and ordinances. Pressurized Irrigation (PI): An underground PI system is proposed to be provided to each lot in the subdivision in accord with UDC 11-3A-15. The system will be operated and maintained by the Homeowner's Association. Storm Drainage: A storm drainage system is required for the development in accord with the City's adopted standards, specifications and ordinances. Design and construction shall follow best management practice as adopted by the City in accord with UDC 11-3A-18. Stormwater is proposed to be retained onsite in seepage beds in accord with ACHD requirements. If storm drainage areas are constructed in accord with the standards set forth in UDC 11-313-11C, the area may count toward the qualified open space requirements in UDC 11 -3G -3B. Staff recommends the design and construction of the storm drainage facility on Lot 22, Block 2 complies with these standards so that the area can be used as open space for the development. Existing Well: There are existing wells on each of the lots where residential homes are proposed to remain that are proposed to be abandoned per IDWR requirements. Waterways: The Tenmile Creek runs along the north boundary of this site and is considered a natural waterway, which is required to be left open as a natural amenity and should not be piped or otherwise covered. Per UDC 11 -3A -6C.1, fencing along natural waterways shall not prevent access to the waterway. In limited circumstances and in the interest of public safety, larger open water systems may require fencing as determined by the City Council, Director, and /or Public Works' Director. A six-foot tall chain link fence is proposed along the north side of Lot 2, Block 1 adjacent to the creek; a fence is not proposed along the north side of Lot 5, Block 1 adjacent to the creek. Because a pathway is planned adjacent to the creek on Lot 2, staff feels a fence in this area is needed to protect public safety and recommends approval of the proposed fence. Bannock Ridge — AZ, PP H-2017-0050 PAGE 9 EXHIBIT A Fencing: All fencing is required to comply with the standards listed in UDC 11 -3A -6B and 11-3A-7. The Key Notes (#1) on the landscape plan state 6 -foot tall white vinyl picture frame style fencing will be installed along the back of landscaped street buffer along Victory Road and along pathways and common areas. The UDC restricts fencing height/material along pathways and common open space lots that are not entirely visible from a public street; a detailed fencing plan should be submitted with the final plat application that complies with the standards listed in UDC 11-3A-7. As mentioned above, a 6 -foot tali chain link fence is proposed on Lot 2, Block 1 adjacent to the creek. Building Elevations: The applicant has submitted 3 conceptual building elevation renderings and 2 photos for future homes in this development, included in Exhibit A.4. Building materials appear to consist of a variety of siding materials and patterns, and stucco with stone veneer accents. Design review is not required for single-family detached homes. If 2 -story homes are constructed on Lots 11 and 12, Block 2, they will be highly visible from E. Victory Road, an arterial street. Therefore, staff recommends the rear elevations of 2 -story homes incorporate articulation through changes in two or more of the following: material type, projections, recesses, step -backs, bays, banding, pop -outs, porches, balconies or other architectural elements to break up monotonous wall planes and roof lines. In sum.inaf y, Staff recommends approval of the proposed annexation and prelirninaiy plat requestfor this site with a new development agreement to replace the existing agreement; and conditions listed in Exhibit B of this report in accord with the findings contained in Exhibit E. X. EXHIBITS A. Drawings/Other 1. Vicinity/Zoning Map 2. Proposed Preliminary Plat (dated: 5/13/17) 3. Proposed Landscape Plan (dated: 5/16/17) 4. Conceptual Building Elevations/Renderings B. Agency & Department Comments/Conditions C. Legal Description & Exhibit Map for Annexation Boundary D. Legal Description for Property Subject to New Development Agreement E. Required Findings from Unified Development Code Bannock Ridge — AZ, PP H-2017-0050 PAGE 10 EXHIBIT A A. Drawings 1. Vicinity/Zoning Map Exhibit A Page 1 EXHIBIT A 2. Proposed Preliminary Plat (dated: 5/13/17) e tin3p�p�phsrawpvpapo�r3��(,��f��I 9ANNOCvR100^ESUaDIVISION _ PRELIMINARY (SLAT - ."�:, oI9 EERS'i 0. ENGINE �I ENGINEER&. INe. srxucruNA�'tivlt I x,a\. cu v :xxa,c w ra e.x,r Co- t't ptlEtt ut ������ +, SURVLY7h'G �I1� ���,����,�,� SSSJ .CATRINAt[1u4T ” 7 I\' "ME.IOFxO tl]i6] a�.rA a„�J.� REVISI045 �i•���n;�� n - ,n,ss„ x -xnn.=- naao�ex�a6?+f� y N g8v� a iAi OWN 6 111 g��acaaa�„ al 6 �wTnu l e 9ANNOCvR100^ESUaDIVISION _ PRELIMINARY (SLAT - ."�:, oI9 EERS'i 0. ENGINE �I ENGINEER&. 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Ifir1 fSx n9lNt`. B4ti1 EXHIBIT A IRLEAVITT & ASSOCIATES ENGINEERS, INC, Structural — Civil — Survey — Landscape Architecture— Planning May 24, 2017 Sonya Allen, City of Meridian Community Development Department 33 E. Broadway Avenue Meridian, Idaho 83642 RE: Bannock Ridge Subdivision, open space calculations Sonya per your request here are the detailed Bannock Ridge Subdivision open space calculations (UDC 11 -3G -3B) Open space Lot 1 Block 1, Ten Mile Creek — 23,724 sf (does not qualify) Open space Lot 2, Block 1, Open space with pathway= 27,348 sf Open space Lot 8, Block 2, Open space with pathway = 9,503 sf Open space Lot 22, Block 2, Open space with drainage = 9,909 sf (does not qualify) Open space lot 10, block 2, Victory Buffer = 13,943sf (1 /2 qualifies 6,971 sf) 25' wide x 494' Parkway, along internal local roadway — 20,160 — 22 driveways (4,576so 15,584 sf 8' wide parkway Total open. space = 104,587 = 17.68% Total Qualified open space = 59,406 sf =10.04% Gross Area of the subdivision = 13.58 acres or 591,545 sf Please feel free to call with any questions. Lardie -2- EXHIBIT A 4, Conceptual Building Elevations/Renderings -3- EXHIBIT A -4- EXHIBIT A EXHIBIT B - AGENCY & DEPARTMENT COMMENTS/CONDITIONS 1. PLANNING DEPARTMENT 1.1 Site Specific Conditions of Approval 1.1.1 A new Development Agreement (DA) is required as a provision of annexation of this property. Prior to the annexation ordinance approval, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of annexation ordinance adoption, and the developer. A final plat application shall not be submitted until the nevv DA is signed and approved by City Council. Currently, a fee of $303.00 shall be paid by the applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the Planning Division within six (6) months of the City Council granting annexation. This DA shall supersede the existing DA (Instrument No. 109040251) and shall, at minimum, incorporate the following provisions: a. Future development of this site shall be generally consistent with the preliminary plat, landscape plan and building elevations depicted in Exhibit A and the conditions noted in the staff report. b. The Owner/Developer shall be responsible for all costs associated with the sewer and water service extension. c. All of the existing homes proposed to remain on lots within the subdivision are required to hook up to City water and sewer service within 60 days of it being available to said lots. d. Any and all existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. e. The Tenmile Creels shall be improved as necessary and protected during development. The creels shall remain open as a natural amenity and not be piped or otherwise covered. f. If 2 -story homes are constructed on Lots 11 and 12, Block 2, they will be highly visible from E. Victory Road, an arterial street. Therefore, the rear elevations of 2-stoiy homes shall incorporate articulation through changes in two or more of the following: material type, projections, recesses, step -backs, bays, banding, pop -outs, porches, balconies or other architectural elements to break up monotonous wall planes and roof lines. This does not apply to single -story homes. g. A 10 -foot wide segment of the City's multi -use pathway system that crosses this site is required to be constructed within a 14 -foot wide public use easement in accord with the Pathways Master Plan per the standards listed in UDC 11-3A-8 and 11-313-12C. Submit the easement to the Planning Division with the final plat application for approval by City Council and subsequent recordation. h. If permission can be obtained from the Glacier Springs Homeowner's Association to the west, the developer shall extend and connect the multi -use pathway off-site to the existing pathway which stops short of the property line by approximately 10 feet. 1.1.2 The preliminary plat included in Exhibit A.2, dated 5/13/17, shall be revised as follows: a. Lot #11 in Block 2 needs to be labeled as such. b. Note #5 lists a 12 -foot wide utility easement on the boundary; graphically, the easement appears to be 10 feet - revise one or the other to coincide. c. Reconfigure the western portion of Block 2 that faces E. Loggers Pass Way to comply with the block face standards listed in UDC 11 -6C -3F, unless the proposed block face length of 900'+/- is approved by City Council. d. Note #10 needs to be revised as follows: "... to provide access to Lots 9 and 11-14, Block 1 to be owned..." -5- EXHIBIT A e. Include a note stating no access/curb cuts via the public street are allowed for Lots 9 and 14, Block 1. Access to these lots is provided via the connnon, driveway on Lot 10, Block 1. f. Provide a common driveway for access to Lots 3 and 4, Block 2 in accord with the standards listed in UDC 11 -6C -3D. 1.1.3 The landscape plan included in Exhibit A.3, dated 5/16/17, shall be revised as follows: a. Include detailed calculations that demonstrate compliance with the qualified open space requirements listed in UDC 11 -3G -3B. b. Mitigation information shall be included on the plan in accord with the standards listed in UDC 11- 3B-1 OC for any existing 4" caliper or greater trees that are removed from the site that the City Arborist, Elroy Huff, deems require mitigation. c. Widen the sidewalk along the west side of Mesa Way that crosses Lot 5, Block 1 to the multi -use pathway on Lot 2, Block 1 to 10 feet to provide a continuous width pathway from the east. d. Include a 5 -foot wide landscape strip on either side of the 10 -foot wide multi -use pathway along the west side of Lot 5, Block 1 as required by UDC 11 -3B -12C.1; or, submit a request for alternative compliance to this standard as set forth in UDC 11-5B-5. e. Remove the landscaping on Lot 10, Block 1 that borders Lots 9 and 14, Block 1 since access is being taken from the common driveway; or depict a driveway through the landscaping for those lots. f. Revise fencing to comply with the standards listed in UDC 11 -3A -7A.7. Submit a detail of the proposed fence type(s). A 4 -foot tall solid fence with 2 -foot open vision fencing at the top is allowed adjacent to all pathways and conznzon open space lots; however, open vision fencing is defined in UDC II -IA -1 as, "A fence that does not restrict or impede vision or sight through the fence_ by more than 50%. " g. Design and construct the storm drainage facility on Lot 22, Block 2 so that it complies with the standards listed in UDC 11 -3B -11C and can be used as open space for the development. h. Depict a nark bench as an amenity on the plan as offered by the Applicant at the City Council hearing at the recommendation of the Commission for provision of another site amenity. 1.1.4 The developer shall provide a minimum of 1.36 acres (or 10.04%) of qualified open space within the development as proposed in accord with the standards listed in UDC 11 -3G -3B. 1.1.5 The developer shall construct all proposed fencing and/or any fencing required by the UDC, consistent with the standards as set forth in UDC 11-3A-7 and 11 -3A -6B. 1.1.6 The existing structures on the site that are proposed to be removed shall be removed prior to signature on the final plat by the City Engineer. All other structures proposed to remain on the site are required to comply with the minimum setback standards for the R-4 zoning district listed in UDC Table 11-2A-5. 1.1.7 Submit an exhibit with the final plat application that depicts the setbacks, fencing, building envelope and orientation of the lots and structures for all lots that are accessed by a common driveway (i.e. Lots 9 and 11-14, Block 1; and Lots 3 and 4, Block 2). 1.1.8 A perpetual ingress -egress easement for the common driveways proposed on the site shall be filed with the Ada County Recorder, which shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment. 1.2 General Conditions of Approval 1.2.1 Comfy with all bulk, use, and development standards of the R-4 zoning district listed in UDC Table 11- 2A-5. -6- EXHIBIT A 1.2.2 Comply with all provisions of 11-3A-3 with regard to access to streets. 1.2.3 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set forth in UDC 11-3A-6. 1.2.4 Provide a pressurized irrigation system consistent with the standards as set forth in UDC I 1-3A-15, UDC 11-313-6 and MCC 9-1-28. 1.2.5 Comply with the sidewalk standards as set forth in UDC 11-3A-17. 1.2.6 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11 -3B -5J. 1.2.7 Construct all off-street parking areas consistent with the standards as set forth in UDC 11-3C-6 for single- farnily dwellings. 1.2.8 Construct the required landscape buffers consistent with the standards as set forth in UDC 11-313-7C. 1.2.9 Construct storm water integration facilities that meet the standards as set forth in UDC 11 -3B -11C. 1.2.10 Construct all parkways consistent with the standards as set forth in UDC 11 -3A -17E, 11-3G-3135 and 11- 3B -7C. 1.2.11 Comply with all subdivision design and improvement standards as set forth in UDC 11-6C-3, including but not limited to cul-de-sacs, alleys, driveways, common driveways, easements, blocks, street buffers, and mailbox placement. 1.2.12 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. 1.2.13 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 conumn open space and site amenities shall be maintained by an owner's association as set forth in UDC 11 -3G -3F1. 1.3.3 The project is subject to all current City of Meridian ordinances and previous conditions of approval associated with this site. 1.3.4 The applicant and/or property owner shall have an ongoing obligation to prune all trees to a minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the area. 1.3.5 The applicant shall have an ongoing obligation to maintain all pathways. 1.3.6 The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. 1.3.7 The applicant and/or property owner shall have an ongoing obligation to maintain all landscaping and constructed features within the clear vision triangle consistent with the standards in UDC 11-3A-3. 1.4 Process Conditions of Approval 1.4.1 No signs are approved with this application. Prior to installing any signs on the property, the applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3 Article D and receive approval for such signs. -7- EXHIBIT A 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 1I - 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 11-613-3C2. 1.4.4 The applicant shall obtain approval for all successive phases of the preliminary plat within two years of the signature of the City Engineer on the previous final plat as set forth in UDC 11 -6B -7B (if applicable). 1.4.5 The preliminary plat approval shall be null and void if the applicant fails to either 1) obtain the City Engineer signature on a final plat within two years; or, 2) gain approval of a tune extension as set forth in UDC 11-613-7. 1.4.6 Upon installation of the landscaping and prior to inspection by Planning Division staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-313-14A. 2. PUBLIC WORKS DEPARTMENT 2.1 SITE SPECIFIC CONDITIONS OF APPROVAL 2.1.1 Applieant shall be fe"ir-ed te ex4end an 8 ineh water- main ftem the East leg of the dead end eammen driveway tee, to the maiff in S. Mesa Way. This mait4ine shall be leealed in the eenteF of a 20 foot wide eommon 7„+ 2.1.2 Applicant shall be responsible for the extension of the water main in S. Mesa Way to the north boundary line extended. In lieu of making the actual crossing of Ten Mile Creek, the applicant will be allowed to stop the main short of the north boundary and deposit 125% of the actual bid cost for the incomplete section. This will satisfy the applicants responsibility for compliance with MCC 9-1-1113, the City will then make these fiends available to the party needing the extension of this main on the north side of Ten Mile Creek when this work is completed. 2.1.3 Applicant shall be responsible for all associated costs and the physical connection to the sanitary sewer and water systems for the two existing homes that are proposed to remain. 2.2 GENERAL CONDITIONS OF APPROVAL 2.2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub -grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications, 2.2.2 Per Meridian City Code (MCC), the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 2.2.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20 -feet wide for a single utility, or 30 -feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2" x 1 I" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All -8- EXHIBIT A 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, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.2.10 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, etc., prior to signature on the final plat. 2.2.11 All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11 -5C -3B. 2.2.12 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 2.2.13 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.2.16 All grading of the site shall be perforaned in conformance with MCC 11-1-4B. 2.2.17 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. -9- EXHIBIT A 2.2.18 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3 -feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1 -foot above. 2.2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACRD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.2.20 At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.2.21 Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting (http://www.meridiancity.org/ptiblic—works.aspx?id=272). All street lights shall be installed at developer's expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 2.2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 2.2.23 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-221. 3. POLICE DEPARTMENT 3.1 The Police Department has no comment on this application. 4. FIRE DEPARTMENT 4.1 One and two family dwellings not exceeding 3,600 square feet require a fire -flow of 1,000 gallons per minute for a duration of 2 hours to service the entire project. One and two family dwellings in excess of 3,600 square feet require a minimum fire flow as specified in Appendix B of the International Fire Code. Fire Hydrant spacing shall be provided as required by Appendix C of the International Fire Code. 4.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department in accordance with International Fire Code Section (IFC) 508.5.4 as follows: a. Fire hydrants shall have the 4 I/2" outlet face the main street or parking lot drive aisle. b. Fire hydrants shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. EXHIBIT A f Fire hydrants shall be placed 18" above finished grade to the center of the 4 %2" outlets. g. Fire hydrants shall be provided to meet the requirements of IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 4.3 In accordance with International Fire Code Section 503.2.5 and Appendix D, any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. Phasing of the project may require a temporary approved turn around on streets greater than 150' in length with no outlet. 4.4 All entrances, internal roads, drive aisles, and alleys shall have a turning radius of 28' inside and 48' outside, per International Fire Code Section 503.2.4. 4.5 All common driveways shall be straight or have a turning radius of 28' inside and 48' outside and have a clear driving surface of 20' in width capable of supporting an imposed weight of 75,000 GVW, per International Fire Code Section 503.2. 4.6 Private Alleys and Fire Lanes shall have a 20' wide improved surface capable of supporting an imposed load of 75,000 lbs. All roadways shall be marked in accordance with Appendix D Section D103.6 Signs. 4.7 Provide signage ("No Parking Fire Lane") for all fire lanes in accordance with International Fire Code Sections 503.4 & D103.6. 4.8 Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set forth in International Fire Code Section 304.1.2. 4.9 Fire lanes, streets, and structures (including the canopy height of mature trees) shall have a vertical clearance of 13'6 as set forth in International Fire Code Section 503.2.1. 4.10 Operational fire hydrants, temporary or permanent street signs, and access roads with an all weather surface are required to be installed before combustible construction material is brought onto the site, as set forth in International Fire Code Section (IFC) 501.4 and Meridian amendment to IFC 10-4-2J. 4.11 The roadways shall be built to Ada County Highway District cross section standards and have a clear driving surface. Streets less than 26' in width shall have no on -street parking; streets less than 32' in width shall have parking only on one side. These measurements shall be based on the drivable surface dimension exclusive of shoulders. The overhead clearance shall be a minimum of 13' 6". The roadway shall be able to accommodate an imposed load of 75,000 GVW as set forth in International Fire Code Section 503.2.1. and D103.6.1 and D103.6.2. 4.12 The fire department requests that any fiiture signalization installed as the result of the development of this project be equipped with Opticom sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. The cost of this installation is to be borne by the developer. (National Fire Protection Std 1141 Section 5.2.11.1) 4.13 All portions of the buildings located on this project must be within 150' of a paved surface as measured around the perimeter of the building as set forth in International Fire Code Section 503.1.1. 5. REPUBLIC SERVICES 5.1 No comments were received from Republic Services on this application. 6. PARKS DEPARTMENT 6.1 Mitigation is required for all existing trees 4 -inch caliper or greater that are removed from the site in accord with the standards listed in UDC 11-3B-1 OC.5. Contact Elroy Huff, City Arborist, at 208-489- 0589 to confirm mitigation requirements for the site prior- to removal of any trees. -11- EXHIBIT A 6.2 A 10 -foot wide multi -use pathway is required along the south side of the Temnile Creek on this site within a 14 -foot wide public pedestrian easement. Coordinate the details of such with Jay Gibbons, Pathways Project Manager (208-888-3579). 7. ADA COUNTY HIGHWAY DISTRICT 7.1 Site Specific Conditions of Approval 7.1.1 Dedicate 37.5 -feet of right-of-way from centerline of Victory Road abutting the site. 7.1.2 Widen the pavement of Victory Road to 17 -feet of pavement from centerline; and construct a 5 -foot wide concrete sidewalk a minimum of 31 -feet from centerline of Victory Road abutting the site. 7.1.3 Construct Mesa Way as one-half of a 36 -foot street section with curb, gutter, and 8 -foot wide planter strip within 50 -feet of right-of-way; and detached 5 -foot wide detached concrete sidewalk abutting the site. 7.1.4 Construct Loggers Pass Street and Novara Way as 36 -foot street sections with curb, gutter, and minimum 8 -foot wide parkway strip within 50 -feet of right-of-way; and 5 -foot wide detached concrete sidewalk, abutting the site. 7.1.5 Terminate Loggers Pass Street in a cul-de-sac located approximately 410 -feet south of Novara Way with a minimum 45 -foot turning radius. 7.1.6 Provide a permanent right-of-way easement for any public sidewalk located outside of the dedicated right-of-way. 7.1.7 Construct a 10 -foot wide by 65 -foot long landscape median within 73 -feet of right-of-way and a 52 -foot street section at the entrance to Novara Way and Mesa Way. The travel lanes are 21 -feet wide on each side of the median; and 5 -foot wide detached concrete sidewalk within an easement. 7.1.8 Plat the landscape median on Novara Way as right-of-way owned by ACHD; and the Developer or Homeowners Association should apply for a license agreement if landscaping is to be placed within the median. 7.1.9 Construct a new local roadway, Novara Way, to intersect Mesa Way, approximately 575 -feet north of Victory Road in aligmnent with Novara Way directly to the east. 7.1.10 Payment of impacts fees are due prior to issuance of a building pen -nit. 7.1.11 Comply with all Standard Conditions of Approval. 7.2 Standard Conditions of Approval 7.2.1 All proposed irrigation facilities shall be located outside of the ACHD right-of-way (including all easements). Any existing irrigation facilities shall be relocated outside of the ACHD right-of-way (including all easements). 7.2.2 Private Utilities including sewer or water systems are prohibited from being located within the ACHD right-of-way. 7.2.3 In accordance with District policy, 7203.3, the applicant may be required to update any existing non-compliant pedestrian improvements abutting the site to meet current Americans with Disabilities Act (ADA) requirements. The applicant's engineer should provide documentation of ADA compliance to District Development Review staff for review. -12- EXHIBIT A 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 ACRD prior to District approval for occupancy. 7.2.11 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of ACHD. The burden shall be upon the applicant to obtain written confirmation of any change from ACHD. 7.2.12 If the site plan or use should change in the future, ACHD Planning Review will review the site plan and may require additional improvements to the transportation system at that time. Any change in the planned use of the property which is the subject of this application, shall require the applicant to comply with ACHD Policy and Standard Conditions of Approval in place at that time unless a waiver/variance of the requirements or other legal relief is granted by the ACHD Commission. -13- EXHIBIT A C. Legal Description & Exhibit Map for Annexation Boundary September 9, 2016 Annexation/Re-zone Description For CITY OF MERIDIAN Proposed Bannock Ridge Estates Subdivision Lots 2 and 3 and a portion of Lot 1, Block 2 of Kachina Estates Subdivision as filed in Book 35 of Plats at Page 3016, records of Ada County, Idaho, located in the Southwest 114 of the Southeast 114 of Section 19, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho being more particularly described as follows: COMMENCING at the $1l4 corner of said Section 19 from which the SE corner of said Section 19 bears North 89942'05" East, 2639.98 feet; Thence along the South boundary line of said Section 19 North 89°42'05" East, 1068.68 feet to the centerline of Mesa Way; Thence leaving said South boundary line and along said centerline North 00°17'55" West, 335.38 feet to the REAL POINT OF BEGINNING; Thence leaving said centerline South 89°49'40" West, 331.39 feet; Thence North 00017'41" West, 75.50 feet to a point on the lot line common to said Lots 1 and 2; Thence along said lot line North 63°58'07" West, 260.19 feet to the West lot corner common said Lots 1 and 2; Thence along the West boundary line of said Lots 2 and 3 North 00°19'50" East, 813.36 feet to the NW corner of said Lot 3; Thence along the northeasterly boundary line of said Lot 3 South 50027'35" East, 828.01 feet to the centerline of said Mesa Way; Thence along the centerline of said Mesa Way the following three (3) courses and distances: Thence South 39°27'06" West, 76,38 feet; Thence 93.92 feet along the arc of a non -tangent curve to the left having a radius of 135.38 feet, a central angle of 3904602", and a long chord which bears South 19°34'36" West, a distance of 92.05 feet; Thence South 00"17'55" East, 329.20 feet to the REAL POINT OF BEGINNING. Contains 9.42 acres, more or less. -14- �Lu P Z EXHIBIT A I + 11r�: �y:�:+: /„`J✓'!/l Cyt//lJ�J/ y '++'ANNXAiION REZ / J �' av JL 25 100 400 0 50 200 SCALE. 1" = 200' N D cr m Ito or W cn IxQ X50 � X1571.30 102 CURVE TABLE CURVE RADIUS LENGTH CHORD _{AREA; DELTA Cl 135.38' 93.92'. 92.05' ��'//Jr'l`yJ lJl/ll/l if 11+l `lif/+� V tVl• II S 8949`40' W 331,39' 1 it I I t —�6_-----__® Z 419, 30 E. VJCTORY~RD. N 89'42'05" E 2639,98' BASIS OF BEARING av JL 25 100 400 0 50 200 SCALE. 1" = 200' N D cr m Ito or W cn IxQ X50 � X1571.30 102 CURVE TABLE CURVE RADIUS LENGTH CHORD CHOaD BRG. DELTA Cl 135.38' 93.92'. 92.05' S 19'34'3&" W 39'45'02„ _ LINE TABLE LINE BEARING LENGTH L1 N00'17'41" W 75,50' L2 S 392 'OB" W 78.3R' -1:.�.z Pu i,u; IDAHO ANNEXATION REZONE EXHIBIT FOR PB NO. 1/60 H. WWRTaWR ST, CITY OF MERIDIAN 16-171-01 SURVEY sLIrm"° PROPOSED BANNOCK RIDGE ESTATES SUBDIVISION SHEET NO, MPRINARID41o83542 .. _ 1 1zaele�es,7a PORTIONS OF LOTS 1 At 2, AND LOT 3, BLOCK 2, KAOHINA [STATES GROUP, P.� . SUB: LOCATEti IN THE SW 1/4 OF THE $E 1/4 0� SECTON t9, D1h'G. DATE T.3N., RAE., B.M., ADA COUNTY, IDAHO 09-08-15 -15- EXHIBIT A D. Legal Description for Property Subject to New Development Agreement DESCRIPTION FOR Bannock Ridge Estates Subdivision Lots 1, 2 and 3, Block 2 of Kachina Estates Subdivision as filed in Book 35 of Plats at Page 3016, records of Ada County, Idaho, located in the Southwest 1/4 of the Southeast 114 of Section 19, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho being more particularly described as follows: COMMENCING at the S1/4 corner of said Section 19 from which the SE corner of said Section 19 bears North 89°42'05" East, 2639.98 feet; thence along the South boundary line of said Section 19 thence North 89°42'05" East, 535.81 feet; thence leaving said South boundary line North 12024'22" West, 33.75 feet to the SW corner of said Lot 1, said point being the REAL POINT OF BEGINNING; thence along the westerly boundary line of said Lot 1 North 12024'22" West, 136.33 feet; thence continuing along the westerly boundary line of said Lot 1 and the westerly boundary line of said Lots 2 and 3 North 00°19'50" East, 1,174.10 feet to the NW corner of said Lot 3; thence along the northeasterly boundary line of said Lot 3 South 50°27'35" East, 803.01 feet to the NE corner of said Lot 3; thence along the southeasterly boundary line of said Lot 3 the following 2 courses and distances: thence South 39°27'06" West, 76.42 feet; thence 111,27 feet along the arc of a curve to the left, said curve having a radius of 160.38 feet, a central angle of 39°45'02" and a long chord of 109.05 feet which bears South 19°34'36" West to the NE corner of said Lot 2; thence along the East boundary line of said Lots 2 and 1 South OO*17'55" East, 611.58 feet; thence along the southerly boundary line of said Lot 1 the following 2 courses and distances: thence 31.42 feet along the arc of a curve to the right, said curve having a radius of 20.00 feet, a central angle of 90°00'00" and a long chord of 28.28 feet which bears South 44°42'05" West; thence South 89°42'05" West, 494.95 feet to the REAL POINT OF BEGINNING. Containing 13.58 acres, more or less. 7729 +��jO� , 0F \��` 1 YG.r, -16- EXHIBIT A E. Required Findings from Unified Development Code 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; The Applicant proposes to annex the subject 9.42 acre property with an R-4 zoning district consistent with the LDR FLUM designation for this site for a single-family residential development. The City Council finds the proposed development and zoning complies with the applicable provisions of the Comprehensive Plan. (See section VII above for more information.) b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council finds that the proposed map amendment to the R-4 zoning district is consistent with the purpose statement for the residential districts as detailed in Section VIII above. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The City Council finds that the proposed map amendment will not be detrimental to the public health, safety, or welfare. City utilities will be extended at the expense of the developer. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The City Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The annexation is in the best of interest of the City (UDC 11-513-3.E). The City Council finds annexing this property with an R-4 zoning district as requested is in the best interest of the City. 2. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: a. The plat is in conformance with the Comprehensive Plan; The City Council finds that the proposed plat is in conformance with the Comprehensive plan. (Please see Comprehensive Plan Policies and Goals, Section VII, of the Staff Report for more information) b. Public services are available or can be made available and are adequate to accommodate the proposed development; The City Council finds that public services are available and are adequate to serve the proposed development. (See Exhibit B of the Staff Report for more details f -on7 public service providers) -17- EXHIBIT A c. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because City water and sewer and any other utilities will be provided by the development at their own cost, the City Council finds that the subdivision will not require the expenditure of capital improvement Rinds. d. There is public financial capability of supporting services for the proposed development; Based on comments from public service providers in Exhibit B, the City Council finds there is public financial capability of supporting services for the proposed development. (See Exhibit B fir niore 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. L 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. -18-