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Rockbury Sub H-2017-0018ADA COUNTY RECORDER Christopher D. Rich 2017-089735 BOISE IDAHO Pgs=54 VICTORIA BAILEY 09/22/2017 12:14 PM CITY OF MERIDIAN, IDAHO NO FEE DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Rockharbor Church, Owner/Developer 3. Spurwing Greens Master Association, Owner + THIS EVELOPMENT AGREEMENT (this Agreement), is made and entered into this I I day of a S� , 2017, by and between City of Meridian, a municipal corporation of the State o daho, whose address is 33 E. Broadway Avenue, Meridian, Idaho 83642 hereafter called CITY, Rockharbor Church, whose address is 1608 N. Meridian Rd., Suite 125, Meridian, Idaho 83646 hereinafter called OWNER/ DEVELOPER and Spurwing Greens Master Association, whose mailing address is 6149 N Meeker Suite 150, Boise, ID 83713, hereinafter called OWNER. 1. RECITALS: LI WHEREAS, Owner and Owner/Developer 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 Owner and Owner and Owner/Developer make a written commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section 11-513-3 of the Unified Development Code ("UDC"), which authorizes development agreements upon the annexation and/or re -zoning of land; and 1.4 WHEREAS, Owner and Owner and Owner/Developer have submitted an application for the re -zone of approximately 25.06 acres of land from the R- 15 (Medium -High Residential)(8.95 acres) and C -N (Neighborhood Business)(16,11) zoning districts in Ada County to the R-15 (Medium -High Density Residential)(6.71) and C -N (Neighborhood Business)(1 8.3 5) zoning districts (as described in Exhibit "A"), under the Unified Development Code, which generally describes how the Property will be developed and what improvements will be made; and DEVELOPMENT AGREEMENT —ROCKBURY SUBDIVISION (H-2017-0018) PAGE I OF 8 1.5 WHEREAS, Owner and Owner/Developer made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the Property will be developed and what improvements will be made; and 1.6 WHEREAS, the record of the proceedings for the requested preliminary plat on the Property held before the Planning & Zoning Commission, and subsequently before the City Council, includes responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and includes further testimony and comment; and 1.7 WHEREAS, on the 6`I' day of June, 2017, the Meridian City Council approved certain Findings of Fact and Conclusions of Law and Decision and Order ("Findings"), which have been incorporated into this Agreement and attached as Exhibit "B"; and 1.8 WHEREAS, the Findings require the Owner and Owner/Developer to enter into a Development Agreement before the City Council takes final action on final plat; and 1.9 WHEREAS, Owner and Owner/Developer deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and request; and 1.10 WHEREAS, City requires the Owner and Owner/Developer to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this Agreement, herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure zoning designation are in accordance with the amended Comprehensive Plan of the City of Meridian on October 11, 2016, Resolution No. 16-1173, and the UDC, Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of DEVELOPMENT AGREEMENT - ROCKBURY SUBDIVISION (H-2017-0018 PAGE 2 OF 8 Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho 83642. 3.2 OWNER: means and refers to Spurwing Greens Master Association, whose mailing address is 6149 N Meeker Suite 150, Boise, ID 83713, the party that own said Property and shall include any subsequent owner(s) of the Property. 3.3 OWNER/DEVELOPER: means and refers to Rockharbor Church, Inc, whose address is 1608 N. Meridian Road., Suite 125, Meridian, Idaho 83646, the party that owns and is developing said Property and shall include any subsequent owner(s)/developers of the Property. 3.4 PROPERTY: means and refers to that certain parcel(s) of Property located in the County of Ada, City of Meridian as described in Exhibit "A" describing the parcels to be re -zoned Medium High Density Residential District (R-15) and Neighborhood Community District (C -N) 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/Developer shall develop the Property in accordance with the following special conditions: a. Development of the C -N portion of the site (Lot 2, Block 1) shall be restricted to a church and the specific use standards set forth in UDC 11 -4-3 -6. The R-15 portion of the site (Lot 3, Block 1) shall develop with village housing (apartments, condominiums and/or townhomes) to ensure housing diversity within the development. b. Future development on Lot 2, Block 1 shall generally comply with the submitted concept plan and building elevations in Exhibit A of the Finding of Fact and Conclusions of Law and attached Staff Report attached hereto as Exhibit "B". If the access to Chinden Boulevard is not approved, the applicant shall construct a 20 -foot wide landscape buffer in accord with UDC 11-313-9C along the west boundary of Lot 2, Block 1. c. The applicant shall coordinate with ITD on the amount of right-of-way required adjacent to Chinden Boulevard in accord with the UDC 11-31-1. d. The existing tenants and businesses shall vacate the premises by December 31, 2017. DEVELOPMENT AGREEMENT - ROCKBURY SUBDIVISION (H-2017-0018 PAGE 3 OF 8 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 Owner/Developer' default of this Agreement, Owner and Owner/Developer shall have thirty (30) days from receipt of written notice from City to initiate commencement of action to correct the breach and cure the default, which action must be prosecuted with diligence and completed within one hundred eighty (180) days; provided, however, that in the case of any such default that cannot with diligence be cured within such one hundred eighty (180) day period, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 7.3 Remedies. In the event of default by Owner and Owner/Developer that is not cured after notice as described in Section 7.2, Owner and Owner/Developer shall be deemed to have consented to modification of this Agreement and de - annexation and reversal of the zoning designations described herein, solely against the offending portion of Property and upon City's compliance with all applicable laws, ordinances and rules, including any applicable provisions of Idaho Code §§ 67-6509 and 67-6511. Owner/Developer reserves all rights to contest whether a default has occurred. This Agreement shall be enforceable in the Fourth Judicial District Court in Ada County by either City or Owner/Developer, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 7.4 Delay. In the event the performance of any covenant to be performed hereunder by either Owner and Owner/Developer or City is delayed for causes that are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 7.5 Waiver. A waiver by City of any default by Owner and Owner/Developer of any one or more of the covenants or conditions hereof shall apply solely to the default and defaults waived and shall neither bar any other rights or remedies of City nor apply to any subsequent default of any such or other covenants and conditions. DEVELOPMENT AGREEMENT - ROCKBURY SUBDIVISION (H-2017-0018) PAGE 4 OF 8 8. INSPECTION: Owner and Owner/Developer shall, immediately upon completion of any portion or the entirety of said development of the Property as required by this Agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Agreement and all other ordinances of the City that apply to said Property. 9. REQUIREMENT FOR RECORDATION: City shall record this Agreement, including all of the Exhibits, and submit proof of such recording to Owner and Owner/Developer, prior to the third reading of the Meridian Zoning Ordinance in connection with the re -zoning of the Property by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby, the City shall execute and record an appropriate instrument of release of this Agreement. 10. ZONING: City shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. 11. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under the UDC, to insure the installation of required improvements, which the Owner/Developer agree to provide, if required by the City. 12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the City, or sufficient surety of performance is provided by Owner and Owner/Developer to the City in accordance with Paragraph 11 above. 13. ABIDE BY ALL CITY ORDINANCES: That Owner and Owner/Developer agree to abide by all ordinances of the City of Meridian unless otherwise provided by this Agreement. 14. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: City Clerk City of Meridian 33 E. Broadway Ave. Meridian, ID 83642 with copy to: City Attorney City of Meridian 33 E. Broadway Avenue Meridian, ID 83642 OWNER/DEVELOPER: OWNER: Rockharbor Church, Inc. Spurwing Greens Master Association 1608 N. Meridian Road, Suite 125 6149 N. Meeker PI #150 Meridian, ID 83646 Boise, ID 83713 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. DEVELOPMENT AGREEMENT -ROCKBURY SUBDIVISION (H-2017-0018 PAGE 5 OF 8 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 Owner/Developer, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owner and Owner/Developer, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined that Owner and Owner/Developer have fully performed their obligations under this Agreement. 18. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided, each party shall act reasonably in giving any consent, approval, or taking any other action under this Agreement. 20. COOPERATION OF THE PARTIES: In the event of any legal or equitable action or other proceeding instituted by any third party (including a governmental entity or official) challenging the validity of any provision in this Agreement, the parties agree to cooperate in defending such action or proceeding. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owner and Owner/Developer and City relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owner and Owner/Developer and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. 21.1 No condition governing the uses and/or conditions governing re -zoning of the subject Property herein provided for can be modified or amended without the approval of the DEVELOPMENT AGREEMENT - ROCKBURY SUBDIVISION (H-2017-0018) PAGE 6 OF 8 City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. [end of text; signatures, acknowledgements, and Exhibits A and B follow] ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: Rockharbor Church, Inc. (Printed arae) Se,,Tc.7ER M City Clerk �PpRA G� OWNER: Spurwing Greens Master Association (Printed Name) Mayor de Weerd DEVELOPMENT AGREEMENT — ROCKBURY SUBDIVISION (H-2017-0018) PAGE 7 OF 8 STATE OF IDAHO ss: County of Ada, ) On this S' day of , 2017, before me, the undersigned, a Notary Public in and for said State, personally appeared , known or identified to me to be the f- of Rocicharbor Church, Inc. who signed above and ackno ledged to me that he executed the same on behalf of said church 1N WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) KELLI DEANNE MCKEE Notary Public State of Idaho STATE OF IDAHO . ss: County of Ada, ) Nota(-/uli rc for Idaho Residing at:• -�Nj) My Commission Expires: —My Commission Expires May 22, 2023 On this day of , 2017, before me, the undersigned, a Notary Public in and for said State, personally appeared , known or identified to me to be the of Spurwing Greens Master Association who signed above and acknowledged to me that he executed the same on behalf of said Association. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) STATE OF IDAHO ss County of Ada Notary Public for Idaho Residing at: My Commission Expires: On this �. q Ail day of , 2017, before me, a Notary Public, personally appeared Tammy de Weerd 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. �.JN.&IT NESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this cert• e i > `*Mme written. WAL) + Notary Publicfor aho : Residingat: -� Commission expires: a add " aeaD�, •�� qTE OF "0 �. DEVELOPMENT AGREEMENT— ROCKBURY SUBDIVISION (H-2017-0018) PAGE 8 OF 8 City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. [end of text; signatures, acknowledgements, and Exhibits A and B follow] ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: OWNER: Rockharbor Church, Inc. Spurwing Greens Master Association - �T (Printed Name) (Printe arae) N� Rte IN11WK112041D1 9 111 E-391 Mayor Tammy de Weerd ATTEST: C.Jay Coles, City Clerk DEVELOPMENT AGREEMENT —ROCKBURY SUBDIVISION (H-2017-0018) PAGE 7 OF 8 STATE OF IDAHO M County of Ada, ) On this day of , 2017, before me, the undersigned, a Notary Public in and for said State, personally appeared , known or identified to me to be the of Rockharbor Church, Inc. who signed above and acknowledged to me that he executed the same on behalf of said church IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) STATE OF IDAHO ss: County of Ada, ) Notary Public for Idaho Residing at: My Commission Expires: On this i day of - 2017, before me, the undersigned, a Notary Ppb 'c in and for said State, personally appeared, , known or identified to me to be the a of Spurwing Green .M ster sociation who signed above and acknowledged to me that he executed the same on behalf of said Association. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this tb_first above written. u�OTAR y� :�, �pUB1.1G••� O� •������"O'S7ffE OF IDAHO ss County of Ada On this day of , 2017, before me, a Notary Public, personally appeared Tammy de Weerd 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) Notary Public for Idaho Residing at: Commission expires: DEVELOPMENT AGREEMENT- ROCKBURY SUBDIVISION (H-2017-0018) PAGE 8 OF 8 EXHIBIT A Rockbury – H-2017-0018 Legal Descriptions and Exhibit Maps EXHIBIT A Rockbury – H-2017-0018 EXHIBIT A Rockbury – H-2017-0018 EXHIBIT A Rockbury – H-2017-0018 EXHIBIT A Rockbury – H-2017-0018 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2017-0018 - 1 - CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request to rezone 25.06 acres of land from the R-15 (8.95 acres) and C-N 16.11 acres) to R-15 (6.71 acres) and C-N (18.35 acres); the applicant is requesting all of the subject property (approximately 25.06 acres) be excluded from the approved development agreements, so a new DA can be approved to govern development of the property; a proposed preliminary plat consisting of one (1) residential lot, 2 common lots and one (1) commercial lot on 23.56 acres of land in the R-15 and C-N zoning districts; and a variance to allow direct vehicular access to Chinden Blvd., by Rock Harbor Church. Case No(s). H-2017-0018 For the City Council Hearing Date of: May 23, 2017 (Findings on June 6, 2017) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of May 23, 2017, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of May 23, 2017, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of May 23, 2017, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of May 23, 2017, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the “Local Land Use Planning Act of 1975,” codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the EXHIBIT B CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2017-0018 - 2 - Community Development Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of May 23, 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 and zoning is hereby approved with the requirement of a development agreement; and short plat is hereby approved per the provisions in the Staff Report for the hearing date of May 23, 2017, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer’s signature on the final plat within two (2) years of the approval of the preliminary plat or the combined preliminary and final plat or short plat (UDC 11-6B-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two (2) years, may be considered for final approval without resubmission for preliminary plat approval (UDC 11-6B-7B). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A, the Director may authorize a single extension of time to obtain the City Engineer’s signature on the final plat not to exceed two (2) years. Additional time extensions up to two (2) years as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again (UDC 11- 6B-7C). Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2017-0018 - 3 - property owner(s) and returned to the city within six (6) months of the city council granting the modification. A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six (6) month approval period. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of May 23, 2017 By action of the City Council at its regular meeting held on the 611 day of ulve 2017. COUNCIL PRESIDENT KEITH BIRD VOTED COUNCIL VICE PRESIDENT JOE BORTON VOTED Y6 COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED 76 COUNCIL MEMBER TY PALMER VOTED /& COUNCIL MEMBER LUKE CAVENER VOTED `4 COUNCIL MEMBER GENESIS MILAM VOTED V4 MAYOR TAMMY de WEERD TIE BREAKER) z s fir Attest: n Cay Co ON Clerk VOTED `-- Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. ez Z/— 2Y7By: Dated: (• City Cleric's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2017-0018 - 4 - Rockbury – H-2017-0018 PAGE 1 STAFF REPORT Hearing Date: May 23, 2017 TO: Mayor & City Council FROM: Josh Beach, Associate City Planner 208) 884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Rockbury Subdivision - H-2017-0018 RZ, PP, MDA, VAR 1. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, Rock Harbor Church, Inc., has requested approval for the following applications: 1) Rezone (RZ) of 25.06 acres of land from the R-15 (8.95 acres) and C-N (16.11 acres) zoning districts to the R-15 (6.71 acres) and C-N (18.35 acres) zoning district; 2) Preliminary plat (PP) approval for 2 common lots, 1 commercial lot, and 1 multi-family lot on 23.56 acres of land in the proposed R-15 and C-N zoning districts; 3) Development agreement modification (MDA) to amend the recorded development to exclude the subject property and create a new development agreement for the purpose of attaching a new concept plan and new provisions relevant to the proposed development and; 4) Variance request to allow a right-in/right-out only shared access to Chinden Boulevard. For all pertinent information and further analysis see section 9 below. 2. SUMMARY RECOMMENDATION Staff recommends approval of the proposed applications, except for the variance request, subject to the conditions listed in Exhibit B, based on the Findings of Fact and Conclusions of Law in Exhibit D. The Meridian Planning & Zoning Commission heard these items on April 20, 2017. At the public hearing, the Commission moved recommend approval of the project. a. Summary of Commission Public Hearing: i. In favor: Scott Wonders, Scott Harrop ii. In opposition: Robert Neufeldt iii. Commenting: Robert Ebert, Tom Mcneill, Jamie Koozie, Robert Neufeldt, Denise LeFevre, iv. Written testimony: Robert Ebert v. Staff presenting application: Josh Beach vi. Other staff commenting on application: Bill Parsons b. Key issue(s) of Public Testimony: i. Traffic through the area, especially on Tree Farm Way has been increasing recently ii. Concerns about the amount of traffic through the area, and for pedestrian safety. iii. Discussion about how the addition of berms on the property would greatly reduce noise; c. Key Issues of Discussion by Commission: i. Discussion about berms and what is required by the city vs. required by ITD. ii. The potential for alternative compliance to reduce or remove the berms from along Chinden. Rockbury – H-2017-0018 PAGE 2 d. Commission Change(s) to Staff Recommendation: i. Modify condition 1.1.1C to read as follows: “The applicant shall coordinate with ITD on the amount of right-of-way required adjacent to Chinden Boulevard in accord with the UDC 11-3H.” ii. Modify condition 1.2.1B as follows: “The applicant shall coordinate with ITD on the amount of right-of-way required adjacent to Chinden Boulevard in accord with the UDC 11-3H.” iii. Add condition 1.2.4 to read as follows: “Prior to the City Council hearing, the applicant shall provide a horizontal elevated landscape plan.” iv. Modify condition 1.1.1D to read as follows: “The existing tenants and businesses shall vacate the premises by December 31, 2017.” v. Modify condition 1.2.2 to read as follows: “Construct a 35-foot wide landscape buffer adjacent to Chinden Boulevard as proposed. If the unimproved street right- of-way along W. Chinden Boulevard is 10 feet or greater from the edge of pavement to edge of sidewalk or property line, and street widening project is not in the transportation authority’s five year funded plan, the developer is required to maintain a 10-foot wide compacted gravel shoulder meeting the construction standards of the transportation authority and landscape the remainder with lawn or other vegetative ground cover in accord with UDC 11-3B-7C.5. The applicant shall enter into a license agreement for the landscape improvements within the ROW. vi. Add condition 1.1.1F to read as follows: “The applicant shall either install the berms along Chinden Blvd. as required by the UDC, or apply and receive approval for alternative compliance.” e. Outstanding Issue(s) for City Council: i. Variance request for direct access to Chinden Blvd. The Meridian City Council heard these items on May 23, 2017. At the public hearing, the Council approved the subject RZ, PP, MDA, and VAR requests. a. Summary of City Council Public Hearing: i. In favor: Scott Wonders, Marsha Dennis, Dirk Benatri, Denise LeFevre ii. In opposition: None iii. Commenting: Dirk Benatri, Tom McNeill, Denise LeFevre, iv. Written testimony: None v. Staff presenting application: Bill Parsons vi. Other staff commenting on application: Pete Friedman, Bill Nary, Mark Niemeyer b. Key Issues of Discussion by Council: i. None c. Key Council Changes to Staff/Commission Recommendation ii. None 3. PROPOSED MOTION Approval/Partial Denial After considering all staff, applicant and public testimony, I move to recommend approval to the City Council of the rezone, preliminary plat and development agreement modification and denial of the variance associated with File Number H-2017-0018, as presented in staff report for the hearing date of April 20, 2017 with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to recommend denial to the City Council of File Number H-2017-0018 as presented in staff report for the hearing date of April 20, Rockbury – H-2017-0018 PAGE 3 2017 for the following reasons: (You should state specific reasons for denial of the annexation and you must state specific reason(s) for the denial of the plat.) Continuance I move to continue File Number H-2017-0018 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) 4. APPLICATION AND PROPERTY FACTS A. Site Address/Location The subject property is located at 6437 N. Tree Haven Way, in the SW ¼ of Section 22, Township 4N., Range 1W. B. Applicant/Owner: Rock Harbor Church, Inc. Spurwing Greens Master Association 1608 N. Meridian Rd, Suite 125 2180 W. SR 434, Suite 5000 Meridian, ID 83642 Longwood, FL 32779 C. Representative: Scott Wonders, JUB Engineers 250 S. Beechwood Ave, #201 Boise, ID 83709 D. Applicant's Statement/Justification: Please see applicant’s narrative for this information. 5. PROCESS FACTS A. The subject applications are for rezone, preliminary plat, variance and development agreement modification. A public hearing is required before the Planning & Zoning Commission and City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: March 17, 2017 (Commission); May 5, 2017 (Council) C. Radius notices mailed to properties within 300 feet on: March 9, 2017 (Commission); April 25, 2017 (Council) D. Applicant posted notice on site by: April 10, 2017 (Commission); May 12, 2017 (Council) 6. LAND USE A. Existing Land Use(s): A majority of the property is vacant; zoned R-15 and C-N. There are two 2) existing buildings developed on the C-N portion of the site that are operating with commercial businesses without the approval of the City. B. Character of Surrounding Area and Adjacent Land Use and Zoning: North: Single-family residential homes in the Spurwing Green Subdivision, zoned R-8 and R-15 South: W. Chinden Blvd rural residential home and vacant residential and office property, zoned RUT in Ada County, R-8, and L-O East: Single-family residential homes in the Spurwing Green Subdivision, zoned R-8 West: Jayker Nursery, zoned R-15 and C-C C. History of Previous Actions: In 2006, the property received annexation (AZ-06-004) and conceptual approval to develop a Rockbury – H-2017-0018 PAGE 4 mixed use community consisting of single family residential, townhomes, multi-family and neighborhood commercial known as the Tree Farm. A development agreement (DA) was required with the annexation of the property (Instrument #106151218) and several addendums to the original DA (Instrument # 107002555 and 107141993) have been approved that govern the property. In 2015, a different project was proposed for the site that consisted of a rezone of 26.09 acres of land from the R-15 and C-N zoning districts to the R-15 (8.48 acres) and C-C (17.61 acres) zoning districts; a preliminary plat (PP) consisting of 1 residential lot, 3 commercial lots and 3 common lots; a conditional use permit (CUP) to construct and operate a self-service storage facility; a development agreement modification (MDA); and alternative compliance (ALT) to deviate from the landscape buffer requirements adjacent to streets set forth in UDC 11-3B-7C and the parking standards for the proposed self-service storage facility set forth in UDC 11-3C-6B. D. Utilities: 1. Public Works: a. Location of water: Provider is Suez Water. b. Location of sewer: A sanitary sewer main intended to provide service to the subject site currently exists in N Tree Haven Way. c. Issues or concerns: None. E. Physical Features: 1. Canals/Ditches Irrigation: The Simpson Lateral has been tiled to make way for the proposed development. The tiled irrigation facility is contained within a 40-foot wide easement that transverses through the proposed development. 2. Hazards: Staff is not aware of any hazards that exist on this property. 3. Flood Plain: This property does not lie within the floodplain. 7. COMPREHENSIVE PLAN POLICIES AND GOALS The subject properties are designated “Medium Density Residential” and “Mixed-use Community,” on the future land use map. A majority of the site is designated MDR. The anticipated density for the medium density designation is between three and eight dwellings per acre. The mixed-use community designation also encourages residential uses and specifies densities between 6 and 15 units to the acre. The UDC does not specify properties to develop at a minimum density. The MU-C designation (although a smaller portion of the property) envisions at least three (3) different land uses. This mixed use designation encourages compatibility and connectivity between all of the uses. Similar design characteristics are encouraged so new development blends in with the character and appearance of the surrounding developments. Further, the mixed use standards encourage a transitional use between the commercial and existing residential uses. Featured elements of a mixed use development should include the following: Residential densities at a minimum of 6 dwelling units to the acre; Where feasible higher density along state facilities is desired to serve employment centers; A conceptual site plan; Provide community serving facilities; Provide some form of common, usable area, such as a plaza or green space; Rockbury – H-2017-0018 PAGE 5 Landscape buffering between commercial and existing low or medium density residential; Three different types of land uses and; Be accessible to neighborhoods by both vehicles and pedestrians. At the time of annexation approval, the approved concept plan envisioned a mix of residential and neighborhood commercial uses for this property (see Exhibit A.2). The applicant is now requesting to rezone a small portion of the property from R-15 to C-N and another piece from C-N to R-15, which is consistent with both land use designation. A concurrent preliminary plat includes 1 multi-family lot, 2 common lots and 1 commercial lot on approximately 23.59 acres. At this time, the R-15 portion of the development is not proposed to develop. Future density for this lot will be determined at the time of lot development however, the Planning Division will determine an appropriate density based on the capability with adjacent land uses and the aforementioned density range of the designated land use designation. The C-N portion of the site is proposed to develop with 73,000 square foot church and associated site improvements. As noted above the proposed use of the property is desired in the MU-C designated areas. Although three (3) specific land uses are not proposed with this development, the site is proposed to develop with common open space to promote social gatherings, will be accessible to the adjacent residential community via pedestrian connections and my develop with ancillary uses (e.g. daycare, private education institution) to serve the community. Further, there are other vacant commercially zoned properties in the vicinity that can also develop with a mix of commercial uses to support the surrounding develops. For these reasons, staff finds the proposed development is consistent with the Comprehensive Plan. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis in italics below policy): 1. “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 sewer is readily available to serve the proposed development in accord with UDC 11- 3A-21. Suez Water provides water service to the development. 2. “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) A 10-foot wide multi-use pathway is required along Chinden Boulevard. Further, additional walkways are depicted on the conceptual development plan that provides interconnectivity between the proposed development, future R-15 property when it develops and the adjacent residential subdivision. 3. “Protect existing residential properties from incompatible land use development on adjacent parcels.” (3.06.01F) The applicant is increasing the C-N zoning boundary to construct a church. The R-15 zoned property will develop at a later date. The proposed church is separated from the adjacent residential uses with public streets and should operate with limited hours to minimize conflict with the abutting residents. Further, the applicant is proposing to construct a 60-foot wide landscape buffer along the east boundary. Where the C-N portion of the site abuts the R-15 zoned property, the applicant is proposing to construct a 25-foot wide landscape buffer the southern boundary of the R-15 portion of the site. On the west boundary the applicant is proposing to construct a shared driveway with the adjacent property owner. If the variance request isn’t approved the applicant will be responsible for constructing 20-foot wide landscape buffer along this boundary. Rockbury – H-2017-0018 PAGE 6 4. “Reduce the number of existing access points onto arterial streets by using methods such as cross-access agreements, access management, and frontage / backage roads.” (3.03.02N) The applicant has applied for a variance to obtain a right-in/right-out access to Chinden Boulevard. For development proposed along Chinden Boulevard (HWY 20/26), the UDC requires access at the mid-mile and the section line road and requires the construction of a backage road. With the development of the adjacent subdivision the road network was constructed in accord with the UDC. Further, N. Tree Farm Way is under construction along the north boundary of the R-15 zoned property that meets the requirements of a backage road. Therefore, staff cannot support the variance request for the access to Chinden Boulevard. Acceptance of the right-in/right-out access is predicated on Council and ITD approval. 5. “Encourage and promote the preservation and expansion of Chinden Boulevard (US 20/26) by ITD (3.03.02L). The applicant should coordinate with ITD on the preservation of right of way (ROW) along the Chinden corridor. The total ROW needed for this segment of corridor is 200 feet. The submitted plat does not depict any future ROW for the expansion of the roadway. Staff recommends the applicant depict the 50-feet of additional (100-feet total from centerline) ROW with the submittal of a final plat application. 6. “Require landscape street buffers for new development along all entryway corridors. 2.01.02E) A 35-foot wide landscape buffer will be required along Chinden Boulevard, designated entryway corridors. These landscape buffers must be developed in accord with the standards listed in UDC 11-3B-7C Landscape Buffers along Streets. The applicant is proposing to install a 45-foot landscape buffer. 7. “Require all commercial and industrial businesses to install and maintain landscaping. 2.01.03B) The applicant is required to install landscaping meeting the requirements of UDC 11-3B and must maintain the landscaping. 8. “Require neighborhood and community commercial areas to create a site design compatible with surrounding uses (e.g., landscaping, fences, etc.). (3.05.02A) The church is proposed to be located within the C-N zoning district and has proposed landscaping and berms adjacent to existing residential areas in order to create a site design compatible with the future and existing residential uses. 9. “Restrict private curb cuts and access points on collectors and arterial streets.” (3.06.02D) This site currently takes access via N. Tree Haven Way, a local street and the applicant is proposing several accesses to N. Tree Farm Way, a collector street. Further, the applicant has submitted a variance for a right-in/right-out access to Chinden Boulevard. The UDC (11-3A-3 and 11-3H-4) restricts access to collector streets when access is available via a local street or other lesser street classification. Access to N. Tree Farm Way is predicated on Council approval of the access points and the Chinden Boulevard access is requires approval from both ITD and Council. To support the applicant’s variance request, the Spurwing Greens HOA and the Developer of the subdivision have submitted written testimony in support of the Chinden access. If approved, the applicant will have to coordinate with the adjacent property owner to the west on the specified location of the driveway. Currently, the applicant is proposing that the Chinden access be constructed along the Rockbury – H-2017-0018 PAGE 7 shared property line. The applicant did submit a letter from the adjacent property owner in support of the access point and location. 10. “Maintain integrity of neighborhoods to preserve values and ambiance of areas (3.05.02). If the applicant complies with the design guidelines outlined in the Architectural Standards Manual, UDC design standards and specific use standards, Staff is of the opinion the proposed use should maintain the integrity of the neighborhood. 11. “Ensure development provides safe routes and access to schools, parks and other community gathering places.” (3.07.02N) A 10-foot wide detached multi-use pathway is required to be constructed along the frontage of the site on Chinden Boulevard and the applicant is proposing to construct internal walkways which will provide safe routes to community gathering places. After considering all of these factors staff believes that the proposed development is generally consistent with comprehensive plan. 8. UNIFIED DEVELOPMENT CODE a. Schedule of Uses: Unified Development Code (UDC) 11-2B-2 lists church or place of religious worship as a permitted use in the proposed C-N zoning district. Unified Development Code (UDC) Table 11-2A-2 lists the principal permitted, accessory, conditional, and prohibited uses in the proposed R-15 zoning district. b. Purpose Statement of Zone: R-15: The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Connection to the City of Meridian water and sewer systems is a requirement for all residential districts. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. C-N: The purpose of the commercial districts is to provide for the retail and service needs of the community in accord with the Meridian Comprehensive Plan. Four districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district proximity to streets and highways. c. General Standards: All of the proposed lots must comply with the standard street frontage and lot size requirements for the R-15 zoning designation established in the UDC. No dimensional modifications are being requested for the proposed development. Development of the site shall comply with the dimensional standards listed in UDC 11-2B-3 for the C-N zoning district. d. Landscaping: 1. UDC Table11-2B-3 and UDC 11-3B-7C addresses landscaping requirements along streets for properties in the C-N and R-15 zoning districts. 2. Parking lot landscaping: All parking lot landscaping shall comply with the standards listed in UDC 11-3B-8C. 3. Landscape buffers to residential uses shall comply with the standards listed in UDC Table 11-2B-3 and UDC 11-3B-9C. Rockbury – H-2017-0018 PAGE 8 4. The proposed 10-foot pathway adjacent to Chinden Boulevard shall comply with the design standards in accord with UDC 11-3A-8. e. Off-Street Parking: Off-street parking is required in accord with UDC Table 11-3C-6 for future residential development and UDC 11-3C-6B for the proposed commercial development. f. Structure and Site Design Standards: Development of the C-N zoned portion of this site must comply with the design standards in accord with UDC 11-3A-19 and the guidelines Architectural Design Manual. g. Development along Federal and State Highways: The proposed development must comply with the standards set forth in UDC 11-3H-4. The applicant has submitted a variance application to construct a right-in/right-out access to Chinden Boulevard. 9. ANALYSIS Analysis of Facts Leading to Staff Recommendation: The applicant has submitted several applications for the City’s consideration to develop the property with a church and future residential subdivision. Staff has provided analysis for each individual application submitted. Rezone (RZ): The applicant is requesting to rezone 25.06 acres of land from the R-15 (8.95 acres) and C-N (16.11 acres) to R-15 (6.71 acres) and C-N (18.35 acres). The requested zoning is consistent with the MU-C and the MDR land use designations. The property currently contains both zoning designations which were approved with the Tree Farm (AZ-06-004 and AZ-06-050) annexation. Now that a new development plan is proposed, the approved R-15 and C-N designations do not coincide with the proposed preliminary plat, thus the reason for the rezone. Development Agreement Modification (MDA): As mentioned above, this property is governed by three (3) development agreements. At the time of annexation approval, the approved concept plan envisioned a mix of residential and neighborhood commercial uses for this property (see Exhibit A.2). Now that specific development plans are proposed, the applicant is requesting all of the subject property (approximately 25.06 acres) be excluded from the approved development agreements, so a new DA can be approved to govern development of the property. The applicant has submitted a new concept plan for Lot 2, Block 1. The submitted plan depicts a 73,000 square foot church and associated site improvements to be developed in multiple phases see Exhibit A.4). In general staff is supportive of the submitted concept plan however, UDC 11- 3A-19A.2. limits the amount of parking (50%) that is to be located between the building facades and the abutting streets. If the applicant desires to keep the design as proposed, the applicant may request alternative compliance (ALT) concurrent with the certificate of zoning compliance (CZC) application. NOTE: The applicant has incorporated several design features (wider buffer, berms, plazas etc.) to mitigate the location of the parking area. Official approval of these design concepts will be reviewed with a future ALT application. To ensure the C-N portion of the site develops as proposed, staff recommends limiting Lot 2, Block 1 to the church use. At this time, the R-15 portion of the site (Lot 3, Block 1) is not proposed to develop. In keeping with the integrity of the approved concept plan, the R-15 portion of the site was to develop with village housing (apartments, condominiums and townhomes). To ensure housing diversity within the development, Staff recommends the R-15 portion of the development be restricted to the aforementioned residential uses as previously approved. Staff’s recommended DA provisions are in Exhibit B. Existing Structures: With a previous application for this site, the City was made aware of that the existing buildings on the site are occupied by multiple tenants without the approval from the City. The City requires that any business operating within the City limits must obtain a certificate of occupancy from the Building Division. Further, the existing buildings Rockbury – H-2017-0018 PAGE 9 on future Lot 2, Block 1 are not connected to City sewer or water service; buildings must connect to City services within 60 days of development approval. Per the UDC, site development and establishing a commercial use requires approval from the Planning Division. To further complicate the matter, there are two (2) mobile service businesses currently operating on the site. This type of use requires a procurement of conditional use permit prior to operating in the proposed C-N zoning district. In order for the site to come into compliance with the UDC staff recommends the following: 1) The applicant shall obtain approval of a CZC and DES application to install the site improvements (paved parking, landscaping, etc.) for the existing commercial businesses on Lot 2, Block 1 within 90 days of the approval of the Findings by City Council; 2) The applicant must connect the existing buildings to the public water and sewer system within the timeframe noted in item #1 above; 3) The applicant must submit CUP application for the mobile service uses or cease operation; and 4) All current tenants must obtain final certificate of occupancy permits from the City within 90 days of the approval of the Findings by City Council. At the public hearing, the applicant should clarify for the Commission the intended use of the existing structures. Preliminary Plat (PP) application: The applicant is proposing to plat one (1) residential lot, 2 common lots and one (1) commercial lot on 23.56 acres of land in the R-15 and C-N zoning districts. The proposed C-N (Lot 2, Block 1) lot will consist of the proposed church and associated site improvements. The residential lot (Lot 3, Block 1) is being platted as a single 5.83 acre parcel and may be further subdivided in the future. Dimensional Standards: Staff has reviewed the proposed plat for compliance with the applicable standards listed in UDC Table 11-2A-7 and UDC 11-2B-3 for the R-15 and C-N zoning districts. The C-N zone is not required to meet a minimum lot size. Per UDC Table 11-2B-3, a 35-foot wide landscape buffer is required adjacent to Chinden Boulevard, a 20-foot wide landscape buffer is required along N. Tree Farm Way and a 10-foot wide landscape buffer is required adjacent to N. Tree Haven Way and a 20-foot wide landscape buffer is required along the north and west boundary of the C-N zoned property. The submitted plat does not depict the require 10-foot wide landscape buffer along N. tree Haven Way or the 20-foot wide landscape buffer adjacent N. tree Farm Way in accord with UDC 11-3B-7C2.b. With the final plat submittal the applicant shall depict the required buffer widths on the plat. The future development of the residential lot (Lot 3, Block 1) must comply with the dimensional standards set forth in UDC Table 11-2A-7. The R-15 zone requires a minimum lot size of 2,000 square feet with no street frontage requirement. Compliance with the R-15 dimensional standards will be addressed with a future preliminary plat application, if further platting is desired. However, the applicant is required to install a 20-foot wide landscape buffer adjacent to the collector road (N. Tree Farm Way) with the subject plat in accord with the UDC Table 11- 2A-7. This landscape buffer must be on a common lot, maintained by a homeowners’ association. Open Space and Amenities: Future development of Lot 3, Block 1 will have to comply with the requirements for qualified open space and the site amenity standards set forth in UDC 11-3G-3. Rockbury – H-2017-0018 PAGE 10 Waterways: As per UDC 11-3A-6, all irrigation ditches, laterals or canals, exclusive of natural waterways and waterways being used as amenities, which intersect, cross or lie within the area being subdivided shall be covered. As mentioned earlier, the Simpson Lateral has been tiled on the site and is contained within a 40-foot wide irrigation easement. Both he submitted concept plan and preliminary plat depict this easement. The site design as proposed depicts no structures encroaching within the easement; only associated site improvements landscaping and parking). Further, to ensure the required trees can still be provided along the north boundary of the C-N property, the applicant is proposing to install an additional 5-foot buffer. The applicant will responsible for entering into a license agreement with the irrigation district prior to commencing with construction on the site. Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, a single - point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28. Sidewalk: A portion of the internal street network and 5-foot wide detached sidewalks were constructed with previous development. A 5-foot detached sidewalk is proposed along the new segment N. Tree Farm Way in accord with UDC 11-3A-17. Access: At this time, the primary access into the development is N. Tree Farm Way, via Chinden Boulevard. With earlier residential development this roadway was required to be constructed at the half mile mark in accord with UDC 11-3H-4. N. Tree Haven Way was also constructed during the same time frame and provides the local street access to the proposed development in accord with UDC 11-3A-3. Further, N. Tree Farm Way is designated a collector street, and is meant to serve as a backage road to Chinden Boulevard. The remaining portion of N. Tree Farm Way is currently under construction to the west boundary of the development. This roadway will eventually be extended through the adjacent property and intersect with Black Cat Road. In the interim, the primary access from Chinden Boulevard is N. Tree Farm Way. UDC 11-3A-3 requires Council waiver for the two (2) access points currently proposed to N. Tree Farm Way. Variance: The applicant is proposing a right-in/right-out access to Chinden Boulevard. The proposed access is located on the shared property line with the adjacent property owner. With the application submittal, the applicant submitted a letter from the property owner granting use of his property for the access. If the variance is approved, the applicant and the adjacent property owner will have to record a reciprocal cross access agreement for the shared access. The recorded cross access agreement must be submitted with the certificate of zoning compliance for the development of the church property (Lot 2, Block 1) or the first final plat application whichever is submitted first. Development Along State Highways (UDC 11-3H-4): The UDC requires specific standards for developments along state highways. This property abuts highway 20/26 and is subject to these regulations. Staff has addressed the pertinent standards as they relate to this project: Access to State Highway 20-26 is as follows: 1. Use of existing approaches shall be allowed to continue provided that all of the following conditions are met: Rockbury – H-2017-0018 PAGE 11 a. The existing use is lawful and properly permitted effective September 15, 2005. The subject property is partially developed and previously used for agricultural purposes (Tree Farm) As noted above there are unlawful uses currently operating from the existing structures that either need to cease or obtain approval from the City. Further, the there was a previous access granted to residence (Lot 4, Block 1) along the rim and that access was terminated with the development of the Oak Leaf Subdivision. Because a lawful use has not been established through the City’s process, staff is of the opinion the property should not be granted an access to Chinden Boulevard. b. The nature of the use does not change (for example a residential use to a commercial use). The applicant is proposing a substantial change of use of this site from agricultural to a commercial and residential uses (e.g. church, townhomes, condos and/or multi-family).Staff finds the nature of the use is dramatically different than the current use of the property. c. The intensity of the use does not increase (for example an increase in the number of residential dwelling units or an increase in the square footage of commercial space). The use on the site will significantly increase from agricultural and partial developed property to developing the property with a 73,000 square foot church and future residential densities. 2. If an applicant proposes a change or increase in intensity of use, the owner shall develop or otherwise acquire access to a street other than the state highway. The use of the existing approach shall cease and the approach shall be abandoned and removed. a. No new approaches directly accessing a state highway shall be allowed. Because new and higher intense uses are proposed for the property and the use of the existing approach was terminated with a previous application, staff is not in favor of the access to Chinden Boulevard. Other means of access have been provided to the subject property via, N. Tree Haven Way and n. Tree Farm Way. Although not constructed, N. Tree Farm Way is expected to be extended with development of the Tree Farm Subdivision to the west which will ultimately connect into future N. Black Cat Road. The right-of-way for this road has already been dedicated and accepted by ACHD however; construction of this future roadway is predicated on development of those properties that benefit from the roadway. b. Public street connections to the state highway shall only be allowed at: i. The section line road; and With the approval of Tree Farm annexation, the City approved public street connections to Chinden Boulevard. N. Black Road is planned to be extended when the adjacent parcels develop consistent with the approved concept plan. ii. The half-mile mark between section line roads. These half-mile connecting streets shall be collector roads. N. Tree Farm Way intersects with Chinden Boulevard at the half-mile mark consistent with this section of code and the approved concept plan. 3. The applicant shall construct a street, generally paralleling the state highway, to provide future connectivity and access to all properties fronting the state highway that lie between the applicant’s property and the nearest section line road and/or half -mile collector road. A segment of N. Tree Farm Way is currently under construction and parallels the state highway. With the development of the Tree Farm Subdivision to the west this roadway will be extended and ultimately connect into N. Black Cat Road. Rockbury – H-2017-0018 PAGE 12 In summary, the preservation of the SH 20/26 Corridor is one of the City’s top priorities. In U.S. 20/26 Corridor Preservation Study, (ITD and Compass, ongoing,) there are preferred roadway configurations and recommend safety improvements to these high-volume and high-speed facilities. The City supports access management, congestion mitigation improvements and the beautification of the corridor called for in the study therefore, staff cannot make the Findings to support the right-in/right-out access to Chinden Boulevard. To support the applicant’s variance request, the Spurwing Greens HOA and the Developer of the subdivision have submitted written testimony in support of the proposed Chinden access. In addition to access management, the UDC requires the following: 1) The UDC requires the construction of a 10-foot pathway adjacent to highway 20/26. On the submitted plans the applicant has not provided the required pathway in accord with the UDC. 2) The UDC also requires the applicant to reserve the necessary right-of-way for ITD. ITD has indicate this development should dedicate a total of 100-ft of right-of-way, approximately 50 additional feet. Staff recommends the applicant reserve the additional 50 feet of right of way. Reservation of right-of-way should be depicted on the plat submitted with the final plat application. The applicant should coordinate with ITD on the right-of-way needed for preservation along Chinden Boulevard. Staff has not received official comments from ITD. Landscaping Requirements Entry Way Corridors: UDC Table 11-2B-3 requires a 35-foot wide street buffer along Chinden Boulevard. On the submitted landscape plan, the applicant complies with the aforementioned buffer width along this roadway. Said buffers must be constructed in accord with UDC 11-3B-7C. The applicant is proposing to construct a 45-foot wide landscape buffer along the frontage of Lot 2, Block 1. Any unimproved right-of-way that is 10 feet or greater from the edge of pavement to edge of sidewalk or property line, the applicant shall maintain a 10 foot compacted shoulder meeting the construction standards of the transportation authority and landscape the remainder with lawn or other vegetative groundcover. Currently, Lot 1, Block 1 is developed with the required buffer width and landscaping but, lacks the required 10-foot multi-use pathway. Staff recommends the pathway along Lot 1, Block 1 be constructed in conjunction with the construction of the pathway on Lot 2, Block 1. Collector Streets: UDC Table 11-2A-7 and UDC Table 11-2B-3 requires a 20-foot wide street buffer along N. Tree Farm Way. On the submitted landscape plan, the applicant is depicting a 60- foot wide landscape buffer in excess of the UDC for the C-N portion of the development. The R- 15 portion of the site does not depict the required 20-foot wide landscape buffer. Said buffers shall be constructed in accord with the standards outlined in UDC 11-3A-7C and must be included as a common lot with a future final plat application. Local Streets: A UDC Table 11-2B-3 requires a 10-foot wide street buffer along N. Tree Haven Way for the C-N portion of the site. On the submitted landscape plan, the applicant is depicting approximately a 32-foot wide landscape buffer in excess of the UDC. Landscape Buffers to Adjoining Uses: UDC Table 11-2B-3 requires a 20-foot wide landscape buffer when C-N zone property abuts residential uses. The submitted concept plan depicts a 25 - foot wide landscape buffer along the north boundary in accord with these standards. A 20-foot wide landscape buffer is not depicted along the west boundary. Instead the applicant is proposing to construct a shared driveway with the property to the west. Rockbury – H-2017-0018 PAGE 13 NOTE: A 20-foot wide landscape buffer will not be required along the west boundary of Lot 2, Block 1 if the variance is approved granting the right-in/right-out access to Chinden Boulevard. If the access is not granted the applicant will have to redesign the site plan and incorporate the required 20-foot wide landscape buffer in accord with UDC 11-2B-3. Existing Trees: There are existing trees on the site however, the submitted plans do not address if these tree are to remain or be removed with development of the subject property. The applicant is responsible to mitigate all existing healthy trees 4-inch caliper or greater that are removed from the site with equal replacement of the total calipers lost on site up to an amount of 100% replacement in accord with UDC 11-3B-10. With the submittal of the final plat, the applicant must submit a revised landscape plan that details the mitigation plan outlined by the developer and the City Arborist. Conceptual Building Elevations: The applicant has submitted sample elevations to depict the design of the church proposed for Lot 2, Block 1 of the subdivision (see exhibit A.5). As mentioned earlier, there are two existing buildings on Lot 2 that may remain with the development of the property. The church elevations incorporate glass, metal awnings, stucco, two variations in metal siding, and translucent wall panels. In general, staff is supportive of the proposed building elevations. Further, refinement of the church elevations proposed on Lot 2, Block 1 should comply with the submitted conceptual elevations and comply with the design standards set forth in UDC 11-3A-19 and the Architectural Standards Manual. Certificate of Zoning Compliance (CZC) and Design Review (DES): A CZC application is required to be submitted prior to issuance of building permits. The applicant is required to obtain approval of a design review application for the proposed structures and site design for the church site (Lot 2, Block 1). This application may be submitted concurrently with the CZC application. The applicant must comply with the design standards listed in UDC 11-3A-19 and the guidelines contained in the Architectural Standards Manual. In summary staff finds the proposed project complies with the future land use map, applicable policies of the Comprehensive plan and is conditioned to comply with the applicable development standards in the UDC. Based on the aforementioned analysis, staff recommends approval of the subject application. 10. EXHIBITS A. Drawings 1. Vicinity Map 2. Approved Tree Farm Concept Plan 3. Proposed Preliminary Plat 4. Proposed Concept Plan and Landscape Plan 5. Church Building Elevations B. Agency & Department Comments C. Legal Description & Exhibit Map of Rezone Boundary D. Required Findings from Unified Development Code Rockbury – H-2017-0018 PAGE 14 A. Drawings 1. Vicinity Map Rockbury – H-2017-0018 PAGE 15 2. Approved Tree Farm Concept Plan Rockbury – H-2017-0018 PAGE 16 3. Proposed Preliminary Plat Rockbury – H-2017-0018 PAGE 17 4. Proposed Landscape Plan Rockbury – H-2017-0018 PAGE 18 5. Church Building Elevations Rockbury – H-2017-0018 PAGE 19 Rockbury – H-2017-0018 PAGE 20 B. Conditions of Approval 1. Planning Division 1.1 Annexation, Rezone and Development Agreement Modification 1.1.1 A new Development Agreement (DA) is required as part of the project approval. Prior to the ordinance approval, a new DA shall be entered into between the City of Meridian, the property owner(s) and the developer at the time of ordinance adoption. A final plat application will not be accepted until the DA is recorded. The Applicant shall contact the City Attorney’s office to initiate this process. The DA shall be signed by the property owner and developer and returned to the city within six (6) months of the City Council granting approval of the project. The DA shall, at minimum, incorporate the following provisions: a. Development of the C-N portion of the site (Lot 2, Block 1) shall be restricted to a church and the specific use standards set forth in UDC 11-4-3-6. The R-15 portion of the site Lot 3, Block 1) shall develop with village housing (apartments, condominiums and/or townhomes) to ensure housing diversity within the development. b. Future development on Lot 2, Block 1 shall generally comply with the submitted concept plan and building elevations in Exhibit A. If the access to Chinden Boulevard is not approved, the applicant shall construct a 20-foot wide landscape buffer in accord with UDC 11-3B-9C along the west boundary of Lot 2, Block 1. c. The applicant shall reserve 50-feet of additional ROW (100-feet total) coordinate with ITD on the amount of right-of-way required adjacent to Chinden Boulevard in accord with the UDC 11-3H. d. The existing tenants and businesses shall vacate the premises by December 31, 2017. If the existing the tenants are to remain operating from the existing structures on Lot 2, Block 1 the applicant shall comply the following: The applicant shall obtain approval of a CZC and DES application to install the site improvements (paved parking, landscaping, etc.) for the existing commercial businesses on Lot 2, Block 1 within 90 days of the approval of the Findings by City Council; The applicant must connect the existing buildings to the public water and sewer system within the timeframe noted in item #1 above; The applicant must submit CUP application for the mobile service uses or cease operation; and All current tenants must obtain final certificate of occupancy permits from the City within 90 days of the approval of the Findings by City Council. At the public hearing, the applicant shall clarify for the Commission the intended use of the existing structures on Lot 2, Block 1. e. In accord with UDC 11-3A-3 and 11-3H-4, direct lot access to N. Tree Farm Way and W. Chinden Blvd/U.S. Hwy 20-26, is prohibited unless specifically allowed by Ada County Highway District, the City of Meridian and the Idaho Transportation Department. If the variance is approved, the applicant and the adjacent property owner to the west shall record a reciprocal cross access agreement for the shared access. The recorded cross access agreement shall be submitted with a final plat application or with the certificate of zoning compliance application for the development of the church property (Lot 2, Block 1), whichever is submitted first. Rockbury – H-2017-0018 PAGE 21 f. The applicant shall either install the berms along Chinden Blvd. as required by the UDC, or apply and receive approval for alternative compliance. 1.2 Preliminary Plat - Site Specific Conditions of Approval 1.2.1 The preliminary plat included in Exhibit A.3, dated February 14, 2017 shall be revised as follows: a. With a final plat application, graphically depict a 20-foot wide landscape buffer along N. Tree Farm Way on Lot 3, Block 1.This landscape buffer must be on a common lot, maintained by a homeowners’ association in accord with UDC 11-3B-7C.2.a. b. The applicant shall reserve 50-feet of additional ROW (100-feet total) coordinate with ITD on the amount of right-of-way required adjacent to Chinden Boulevard in accord with the UDC 11-3H. c. With a final plat application, graphically depict a 10-foot wide landscape buffer along N. Tree Haven Way and a 20-foot wide landscape buffer along N. Tree Farm Way on Lot 2, Block 1 in accord with UDC 11-3B-7C.2.b. d. Include a note on the final plat the expressly prohibits direct lot access to Chinden Boulevard and N. Tree Farm Way unless approved by ACHD, City of Meridian and ITD. 1.2.2 The landscape plan included in Exhibit A.4, dated February 10, 2017, shall be revised as follows: a. Construct a 35 45-foot wide landscape buffer adjacent to Chinden Boulevard as proposed. If the unimproved street right-of-way along W. Chinden Boulevard is 10 feet or greater from the edge of pavement to edge of sidewalk or property line, and street widening project is not in the transportation authority’s five year funded plan, the developer is required to maintain a 10-foot wide compacted gravel shoulder meeting the construction standards of the transportation authority and landscape the remainder with lawn or other vegetative ground cover in accord with UDC 11-3B-7C.5. The applicant shall enter into a license agreement for the landscape improvements within the ROW. b. The existing landscape buffer along the west N. Tree Farm Way and Common Lot 1, Block 1 must remain protected during construction on the site. The 10-foot multi-use pathway required on Lot 1, Block 1 shall be constructed in conjunction with the construction of the pathway on Lot 2, Block 1. c. The applicant 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.The multi-use pathway shall be depicted on the landscape plan submitted with future final plat application. A public pedestrian easement shall be recorded for these pathways. d. Prior to City Engineer signature on the final plat, the applicant shall record a public access easement for the multi-use pathway on Lots 1 and 2, Block 1. e. Construct a 20-foot wide landscape buffer along the north side of Lot 3, Block 1, in accord with UDC 11-3B-7C. 1.2.3 Prior to the development of the church and associated site improvements on Lot 2, Block 1, the applicant shall submit a certificate of zoning compliance, administrative design review and alternative compliance application to the Planning Division for review and approval. 1.2.4 Prior to the City Council hearing, the applicant shall provide a horizontal elevated landscape plan. 1.3 General Conditions of Approval 1.3.1 Comply with all bulk, use, and development standards of the applicable district (R-15 and C-N) listed in UDC Chapter 2 District regulations. Rockbury – H-2017-0018 PAGE 22 1.3.2 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set forth in UDC 11-3A-6. 1.3.3 Construct the pathway and adjoining fencing and landscaping consistent with the standards as set forth in UDC 11-3A-7A7 and 11-3B-12C respectively. 1.3.4 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11 -3A- 15, UDC 11-3B-6 and MCC 9-1-28. 1.3.5 Comply with the sidewalk standards as set forth in UDC 11-3A-17. 1.3.6 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-5J. 1.3.7 Construct the required landscape buffers consistent with the standards as set forth in UDC 11-3B- 7C (streets). 1.3.8 Construct storm water integration facilities that meet the standards as set forth in UDC 11-3B- 11C. 1.3.9 Protect any existing trees on the subject property that are greater than four-inch caliper and/or mitigate for the loss of such trees as set forth in UDC 11-3B-10. 1.3.10 Comply with the outdoor service and equipment area standards as set forth in UDC 11-3A-12. 1.3.11 Construct a multi-use pathway consistent with standards in UDC 11-3H-4C. 1.3.12 Comply with the structure and site design standards, as set forth in UDC 11-3A-19 and the guidelines set forth in the City of Meridian Design Manual. 1.3.13 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle. 1.3.14 Comply with the outdoor storage as an accessory use standards as set forth in UDC 11-3A-14. 1.4 Ongoing Conditions of Approval 1.4.1 All common open space and site amenities shall be maintained by an owner's association as set forth in UDC 11-3G-3F1. 1.4.2 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. 1.4.3 The applicant shall have an ongoing obligation to maintain all pathways. 1.5 Process Conditions of Approval 1.5.1 No signs are approved with this application. Prior to installing any signs on the property, the applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3 Article D and receive approval for such signs. 1.5.2 The final plat, and any phase thereof, shall substantially comply with the approved preliminary plat as set forth in UDC 11-6B-3C2. 1.5.3 The preliminary plat approval shall be null and void if the applicant fails to either 1) obtain the City Engineer signature on a final plat within two years, or 2) gain approval of a time extension as set forth in UDC 11-6B-7. 1.5.4 Staff failure to site any specific ordinance provisions does not relieve the applicant from responsibility of compliance. 2. Public Works Department Rockbury – H-2017-0018 PAGE 23 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 11” map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted, reviewed, and approved prior to signature of the final plat by the City Engineer. 2.2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 9-2-28C1). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 2.2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 2.2.6 All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. 2.2.7 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at 208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 2.2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 2.2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.2.10 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, etc., prior to signature on the final plat. Rockbury – H-2017-0018 PAGE 24 2.2.11 All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 2.2.12 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 2.2.13 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.2.16 All grading of the site shall be performed in conformance with MCC 11-1-4B. 2.2.17 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.2.18 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.2.20 At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.2.21 Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting (http://www.meridiancity.org/public_works.aspx?id=272). All street lights shall be installed at developer’s expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. The contractor’s work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 2.2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 2.2.23 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed public sewer, water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Rockbury – H-2017-0018 PAGE 25 Community Development Department website. Please contact Land Development Service for more information at 887-221. 2.24 Water service to this site is being proposed via extension of water mains under the jurisdiction of Suez. 2.25 Though the City of Meridian will not own or maintain the water system in this development, final hydrant location shall be coordinated with and receive approval from the Public Works Department and Meridian Fire Department prior to construction plan approval . 2.26 Structures of 3600 square feet and larger including the garage, shall comply with the fire flow, and hydrant requirements of appendix b and c of the 2009 International Fire Code. 2.27 Prior construction plan approval the applicant shall submit documentation from Suez they have approved the water plans. 2.28 Prior to scheduling of a pre-construction meeting the applicant shall submit documentation from Suez that all of their requirements have been met to be able to go to construction. 3. Fire Department 3.1 Any newly installed Fire Department connections for sprinkler or standpipes will require locking Knox box plugs. 3.2 Based on the size of new construction and the location of the sprinkler room in relation to the address side of the structure, the AHJ may require separate Knox box locations. One being at the main, address side entrance and the other at the entrance to the sprinkler riser room. 3.3 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department in accordance with International Fire Code Section (IFC) 508.5.4 as follows: a. Fire Hydrants shall have the 4 ½” outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10’. f. Fire hydrants shall be place 18” above finish grade. g. Fire hydrants shall be provided to meet the requirements of the 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. 3.4 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. 3.5 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. 3.6 Provide signage (“No Parking Fire Lane”) for all fire lanes in accordance with International Fire Code Sections 503.4 & D103.6. 3.7 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. 3.8 Maintain a separation of 5’ from the building to the dumpster enclosure as set forth in International Fire Code Section 304.3.3. Rockbury – H-2017-0018 PAGE 26 3.9 The applicant shall work with Public Works and Planning Department staff to provide an address identification plan and a sign which meets the requirements of the City of Meridian sign ordinance and is placed in a position that is plainly legible and visible from the street or road fronting the property, as set forth in International Fire Code Section 505.1. 3.10 Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official as set forth in International Fire Code Section 507.5.1. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). 3.11 There shall be a fire hydrant within 100’ of all fire department connections as set forth in local amendment to the International Fire Code 10-4-2L. 3.12 The Fire Department will require Knoxbox Fire Department Connection caps on all FDC inlets. IFC 102.9 3.13 Buildings over 30’ in height are required to have access roads in accordance with the International Fire Code Appendix D Section D105. 3.14 Buildings or facilities exceeding 30 feet (9144mm) or three stories in height shall have at least two means of fire apparatus access for each structure. The access roads shall be placed a distance apart equal to not less than one half of the length of the overall diagonal dimension of the property or area to be served, measured in a straight line as set forth in International Fire Code Appendix D104.1. Parks Department 4.1 Construct the pathway and landscaping consistent with the standards as set forth in UDC 11-3A- 7A7 and 11-3B-12C respectively. 4.2 The applicant shall have an ongoing obligation to maintain all pathways. 4.3 Construct a multi-use pathway consistent with standards in UDC 11-3H-4C. 4.4 Prior to City Engineer signature on the final plat, the applicant shall depict a public access easement for the multi-use pathway along Chinden Boulevard on the final plat. 5. Republic Services 5.1 Please coordinate with Bob Olson, Republic Services (208-345-1265) and obtain approval of the trash enclosure location prior to submittal of the Certificate of Zoning Compliance application. 6. Police Department 6.1 The Police Department has no comments on this application. 7. Ada County Highway District 7.1 Site Specific Conditions of Approval 7.1.1 To accommodate the construction of Tree Farm Way abutting the site’s north property line, the applicant should be required to dedicate a minimum of 54-feet of right-of-way prior to ACHD’s signature on the first final plat. 7.1.2 Comply with requirements of ITD and City of Meridian for the Chinden Boulevard/SH-20/26 frontage. Submit to the District a letter from ITD regarding said requirements prior to District Rockbury – H-2017-0018 PAGE 27 approval of the final plat or issuance of a building permit (or other required permits), whicheve r occurs first. 7.1.3 Replace any broken or deteriorated curb, gutter, and sidewalk on Tree Farm Way abutting the site. 7.1.4 Replace any broken or deteriorated curb, gutter, and sidewalk on Tree Haven Way abutting the site. 7.1.5 Construct one 20-foot wide driveway onto Tree Farm Way located 620-feet west of Tree Haven Way, as proposed. The driveway shall be constructed as a curb return type driveway with 30 -foot radii and to pave the driveway it’s full width at least 30-feet in to the site beyond the edge of Tree Farm Way. 7.1.6 Reconstruct the existing 20-foot wide driveway on Tree Haven Way located 190-feet west of Tree Farm Way to a width of 50-feet with two 20-foot wide travel lanes and a 10-foot wide center landscape island, as proposed. Pave the driveway it’s full width at least 30-feet into the site beyond the edge of pavement of Tree Haven Way. 7.1.7 Pave the existing 20-foot wide driveway located 590-feet west of Tree Farm Way it’s full width at least 30-feet into the site beyond the edge of pavement of Tree Haven Way. 7.1.8 Other than the access approved as part of this application direct lot access to Tree Farm Way is prohibited and shall be noted on the final plat. 7.1.9 Payment of impacts fees are due prior to issuance of a building permit. 7.1.10 Comply with all Standard Conditions of Approval. 7.2 STANDARD CONDITIONS OF APPROVAL 7.2.1 All proposed irrigation facilities shall be located outside of the ACHD right-of-way (including all easements). Any existing irrigation facilities shall be relocated outside of the ACHD right -of-way including all easements). 7.2.2 Private Utilities including sewer or water systems are prohibited from being located within the ACHD right-of-way. 7.2.3 In accordance with District policy, 7203.3, the applicant may be required to update any existing non-compliant pedestrian improvements abutting the site to meet current Americans with Disabilities Act (ADA) requirements. The applicant’s engineer should provide documentation of ADA compliance to District Development Review staff for review. 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. Rockbury – H-2017-0018 PAGE 28 7.2.8 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District’s Utility Coordinator at 387-6258 (with file numbers) for details. 7.2.9 All design and construction shall be in accordance with the ACHD Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Standards unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.2.10 Construction, use and property development shall be in conformance with all applicable requirements of ACHD prior to District approval for occupancy. 7.2.11 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant’s authorized representative and an authorized representative of ACHD. The burden shall be upon the applicant to obtain written confirmation of any change from ACHD. 7.2.12 If the site plan or use should change in the future, ACHD Planning Review will review the site plan and may require additional improvements to the transportation system at that time. Any change in the planned use of the property which is the subject of this application, shall require the applicant to comply with ACHD Policy and Standard Conditions of Approval in place at that time unless a waiver/variance of the requirements or other legal relief is granted by the ACHD Commission. Rockbury – H-2017-0018 PAGE 29 C. Legal Descriptions and Exhibit Maps Rockbury – H-2017-0018 PAGE 30 Rockbury – H-2017-0018 PAGE 31 Rockbury – H-2017-0018 PAGE 32 Rockbury – H-2017-0018 PAGE 33 Rockbury – H-2017-0018 PAGE 34 D. Required Findings from Unified Development Code 1. Annexation and Rezone Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: A. The map amendment complies with the applicable provisions of the comprehensive plan; The applicant is proposing to rezone (RZ) of 25.06 acres of land from the R-15 (8.95 acres) and C-N (16.11 acres) zoning districts to the R-15 (6.71 acres) and C-N (18.35 acres) zoning district. The proposed zoning districts are consistent with the Comprehensive Plan. Staff finds that the proposed development complies with the applicable provisions of the comprehensive plan. B. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Staff finds that proposed development would comply with the established regulations and purpose statement of the R-15 and C-N zoning districts. Staff finds that the proposed map amendment does comply with the regulations of the proposed district. C. The map amendment shall not be materially detrimental to the public health, safety, and welfare; Staff finds that the proposed zoning amendments should not be detrimental to the public health, safety, or welfare. Staff recommends that the Commission and Council rely on any oral or written testimony that may be provided when determining this finding. D. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, Staff finds that the proposed zoning amendments will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site since services are not available. E. The annexation is in the best of interest of the City (UDC 11-5B-3.E). If the applicant complies with the development agreement provisions and the conditions of approval, staff finds the rezone 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; Staff finds that the proposed plat are in general conformance with the comprehensive plan (please see Section 8 of the Staff Report for detailed analysis of specific comprehensive plan action items that apply to this development). B. Public services are available or can be made available and are adequate to accommodate the proposed development; Staff finds that services can be made available to accommodate the proposed development. Rockbury – H-2017-0018 PAGE 35 C. The plat is in conformance with scheduled public improvements in accord with the City’s capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their cost, staff finds that the subdivisions will not require the expenditure of capital improvement funds. D. There is public financial capability of supporting services for the proposed development; Staff recommends the Commission and Council rely upon comments from the public service providers (i.e., police, fire, ACHD, etc.) to determine this finding. E. The development will not be detrimental to the public health, safety or general welfare; and Staff is not aware of any health, safety or environmental problems associated with the development of this subdivision that should be brought to the Council or Commission’s attention. ACHD considers road safety issues in their analysis. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems of which staff is unaware. F. The development preserves significant natural, scenic or historic features. Staff is unaware of any natural, scenic or historic features on this site. Therefore, staff finds that the proposed development will not result in the destruction, loss or damage of any natural, scenic or historic feature(s) of major importance. The Commission and Council should reference any public testimony that may be presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance of which staff is unaware. 3. Variance Findings: The City Council shall apply the standards listed in Idaho Code 67-6516 and all the findings listed in Section 11-5B-4.E of the UDC to review the variance request. In order to grant a variance, the Council shall make the following findings: A. The variance shall not grant a right or special privilege that is not otherwise allowed in the district: Staff finds granting the access to Chinden Boulevard as proposed by the applicant grants a special privilege as other properties along Chinden Boulevard have approved access at the half mile consistent with the UDC. B. The variance relieves an undue hardship because of characteristics of the site; Staff finds there is no undue hardship for the applicant to overcome because an existing collector street is adjacent to the north and east boundary of the site that parallel Chinden Boulevard. With the future construction of Black Cat Road, there will be another point of access to Chinden Boulevard consistent with the UDC 11-3H-4. C. The variance shall not be detrimental to the public health, safety, and welfare. Staff finds granting the access variance to Chinden Boulevard would not be detrimental to the public health, safety and welfare of the community if the access is constructed to ITD standards.