Loading...
Burlingame Subdivision H-2017-0055ADA COUNTY RECORDER Christopher D. Rich 2018-014051 BOISE IDAHO Pgs=42 BONNIE OBERBILLIG 02/15/2018 10:14 AM CITY OF MERIDIAN, IDAHO NO FEE DEVELOPMENT AGREEMIENT PARTIES: 1. City of Meridian 2. Yuriy Mukha, Owner/Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this day of "ill 2018, by and between City of Meridian, amunicipal corporation of the State of Idaho, hereafter called CITY whose address is 33 E. Broadway Avenue, Meridian, Idaho 83642 and Yuriy Mukha, whose address is 5504 N. Senita Hills Avenue, Meridian, Idaho 83646, hereinafter called OWNER/DEVELOPER. 1. _ RECITALS 1.1 "EREAS, Owner is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A", which is attached hereto and by this reference incorporated herein as if set forth in filll, herein after referred to as the Property, and 1.2 VMEREAS, Idaho Code § 67-651 IA provides that cities may, by ordinance, require or permit as a condition of zoning that the Owners and/or Developer make a written commitment concerning the use or development of the subject Property; and 1.3 VMEREAS, City has exercised its statutory' authority by the enactment of Section I 1-5B-3 of the Unified Development Code ("UDC") which authorizes development agreements upon the annexation and/or re -zoning of land; and 1.4 VMEREAS, Owner/Developer has submitted an application for the modification to the existing Development Agreement recorded as instrument #106151230 to include a new Conceptual Plan, Building Elevations and to modify certain terms of the existing development of approximately 18.99 acres of land (as described in Exhibit "A") and a Preliminary Plat consisting of 60 building lots and 7 common lots in a R-4 (Low Density Residential) zoning district, under the Unified Development Code, which generally describes how the Property will be developed and what improvements will be made; and 1.5 VMEREAS, 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 VMEREAS, the record of the proceedings for the requested preliminary plat on the Property held before the Planning & Zoning Commission, and subsequently DEVELOPMENT AGREEMENT—BURLINGAME SUBDIVISION (H-2017-0055) PAGE I OF 8 Meridian City Council Meeting Agenda February 13, 2018 — Page 209 of 372 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 19"' day of September, 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 Owoer/Developer to enter into a Development Agreement before the City Council takes final action on final plat; and 1.9 WHEREAS, Owner/Developer deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and request; and 1.10 WHEREAS, City requires the Owner/Developer to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this Agreement, herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure zoning designation are in accordance with the amended Comprehensive Plan of the City of Meridian on October 11, 2016, Resolution, No. 16-1173, and the UDC', Title 11. NOW, THEREFORE, in consideration ofthe covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full, 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho 83642. 3.2 OWNERIDEVELOPER: means and refers to Yuriy Mukha, whose address is 5504 N. Senita Hills Avenue, Meridian, Idaho 83646, the partythat owns, and is developing said Property and shall include any subsequent owner(s) and/or developer(s) of the Property. DEVELOPMENT AGREEMENT— BURLINGAME SU13DIVISION (H-2017-0(155) PAGE 2 OF 8 Meridian City Council Meeting Agenda February 13, 2018 — Page 210 of 372 3.4 PROPERTY: Means and refers to that certain parcel(s) of Property located in the County of Ada, City ofMeridian as described in Exhibit "A" describing the parcel attached hereto and by this reference incorporated herein as if set forth at length to be removed from the existing Development Agreement (Instrument # 106151230) and be bound by this Agreement. 4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the, right to develop the Property in accordance with the terms and conditions of this Agreement, 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under the UDC. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions: 1. That all future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or, odors. 2. That all future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. 3. That the applicant will be responsible for all costs associated with the sewer and water Service extension, 4. That any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells maybe used far non-domestic purposes such as landscape irrigation. 5. That the following shall be the only allowed uses on this property: single-family detached homes and allowed accessory uses of the R-4 zone. 6. That a maximum of 60 single-family building lots shall be platted on this property. 7. That prior to issuance of any building permit, the subject property be subdivided in accordance with the City of Meridian Unified Development Code. 8. That one public street access, and no driveways, will be allowed to Cherry Lane. Existing driveway(s) to Black Cat Road and Cherry Lane may be utilized until the internal streets within the plat are constructed and approved by the Transportation Authority (ACHD). At such time, direct lot access to Cherry Lane and Black Cat Road shall be prohibited. 9. The property located at 5136 W. Cherry Lane will be required to access the proposed N. Bonita Avenue and shall abandon direct access to Meridian Road prior to the City, Engineer's signature on the first final plat. DEVELOPMENT AGREEMENT —BURLINGAME SUBDIVISION (H-2017-0055) PAGE 3 OF 8 Meridian City Council Meeting Agenda February 13, 2018 — Page 211 of 372 10. That the applicant shall be responsible for the payment of assessments and the actual physical hook-up of the existing houses to the municipal services. The hook-ups shall be completed prior to Certificates of Occupancy for each phase for which that house lies in. Lot 2 Block 4 shall be hooked to municipal services prior to Certificates of Occupancy of the phase that connects to W. Cherry Lane. 11. That the applicant shall maintain a 25 foot landscape buffer along the entire frontage of W. Cherry Lane; this includes across the; frontage of parcel #S 1204449040. 12. That the Development of the subject property shall substantially comply with the conceptual development plan and building elevations included hereto as attached Exhibit "C". 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. III the event of Owner/Developer's default of this Agreement, Owner/Developer shall have thirty (30) days from receipt ofwritten notice from City to initiate commencement of action to correct the breach and cure the default, which action must be prosecuted with diligence and completed within one hundred eighty (180) days; provided, however, that in the case of any such default that cannot with diligence be cured within such one hundred eighty (180) day period, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 7.3 Remedies. In the event of default by Owner/Developer that is not cured after notice as described in Section 7.2, Owners/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 reserve 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 and/or Developer, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 7.4 Delay, In the event the performance of any covenant to be performed hereunder by either Owner/Developer or City is delayed for causes that are beyond the DEVELOPMENTAGREEMENT—BURLINGAME SUBDIVISION (H-2017-0055) PAGE 40F8 Meridian City Council Meeting Agenda February 13, 2018 — Page 212 of 372 reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 7.5 Waiver. A waiver by City of any default by Owner/Developer of any one or more of the covenants or conditions hereof shall apply solely to the default and defaults waived and shall neither bar any, other rights or remedies of City nor apply to any subsequent default of any such or other covenants and conditions. 8, INSPECTION: Owner/Developer shall, immediately upon completion ofany portion or the entirety of said development ofthe Property as required by this Agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Agreement and all other ordinances of the City that apply to said Property. 9. REQUIREMENT FOR RECORDATION: City shall record this Agreement, including all ofthe Exhibits, and submit proof of such recording to Owner/Developer, prior to the third reading of the Meridian Zoning Ordinance in connection with the re -zoning ofthe 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 ofthe 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 ofrequired improvements, which the Owner/Developer agree to provide, ifrequired by the City. 12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the City, or sufficient surety of performance is provided by Owner/Developer to the City in accordance with Paragraph 11 above. 13, ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agree to abide by all ordinances of the City of Meridian unless otherwise provided by this Agreement. 14. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as, follows: CITY:: with copy to, City Clerk City Attorney City of Meridian City of Meridian 33 E. Broadway Ave. 33 E. Broadway Avenue Meridian, Idaho 83642 Meridian, ID 83642 DEVELOPMENT AGREEMENT— BURLINGAME SUBDIVISION (H;2017-0055) PAGE 5 OF 8 Meridian City Council Meeting Agenda February 13, 2018 — Page 213 of 372 OWNER/DEVELOPER: Yuriy Mukha 5504 N. Senita Hills Avenue Meridian, ID 83646 14.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owner/Developer, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owner/Developer, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined that Owner/Developer have fully performed their obligations under this Agreement. 18. INVALID PROVISION: If any provision of this. Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided, each party shall act reasonably in giving any consent, approval, or taking any other action under this Agreement. 20. COOPERATION OF THE PARTIES: In the event ofany legal or equitable action or other proceeding instituted by any third party (including a governmental entity or official) challenging the validity of any provision in this Agreement, the parties agree to cooperate in defending such action or proceeding. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owner/Developer and City relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owner/Developer and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or DEVELOPMENT AGREEMENT—BURUNGAME SUBDIVISfON (H-2017-0055) PAGE 6 of 8 Meridian City Council Meeting Agenda February 13, 2018 — Page 214 of 372 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 ofthe City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time ofthe 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 ofthe Property and execution ofthe Mayor and City Clerk. [end of text; signatures, acktiowledgements, and Exhibits A, B and C follow] ACKNOWLEDGMENTS IN WITNESS WBEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. 0 RID E�LOPER: YuriyMu CITY OF ME, RIDLAN ATTEST - RAITED A B X�4r Thmil* d ci Weerd .111Y or E ID Cole ity Clerk mm2 SEgL A. TRE DEVELOPMENT AGREEMENT —BuRuNaAmE SuimivisioN (H-2,017-0055) PAGE 7 OF 8 STATE OF IDAHO ss: County of Ada, On this day of Fe'hyuXa 2018, before me, the undersigned, a Notary Public in and for said State, personally appeared Yuriy Mukha knowriVr identified to meto be the person who signed below, and acknowledged tome that he executed the same. IN WITNESS WHEREOF, I have hereunto set my handii and affixed my official seal the day and year in this certificate first above written. STATE OF IDAHO ss County of Ada pwhvulibA'- Notary Public for Idaho Residing at: My Commission Expires: 3--;12 0a de Weerd and C.Jay Coles, know or identifiedto meto be the Mayor and Clerk, respectively, ofthe City ofMcridian, who executed the instrument or the person that executed the instrument ofbehalf of said City, and acknowledged to methat 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. omlun-o Notary Public f, 0 Residing at: �Tmlrh -Y) T4> Commission expires:,� DEVELOPMENT AGREEMENT —BURLINGAME SUBDIVISION (H-2017-0055) PAGE 8 OF 8 EXHIBIT A FOR: Yuriy Mukha JOB NO.: FE0717 DATE: April 07, 2017 Professional Engineers, Land Surveyors and Planners 826 3RD St, South, Nampa, ID 83651 Ph (208) 454-0256 Fax (208) 454-0979 e-mail: dho,1zhpy@Wseng.qs SUBDIVISION BOUNDARY A parcel of land being a portion of the SEIA SEI/4 and a portion of the NEI/4 SE1/4 of Section 4, Township 3 North, Range I West, Boise Meridian, Ada County Idaho, more particularly described as follows: Commencing at the southeast comer of the SE 1 A SE 1 A; Thence N 89' 17' 10 " W a distance of 1129.64 feet along the south boundary, of the SE 1/4 SE 1/4 to the POINT OF BEGINNING; Thence continuing N 89' 17' 10" W a distance of 195.35 feet along the south boundary, of the SE1/4 SE1/4 to the southwest comer of the SEI/4 SE1/4; Thence N 00' 41'27" E a distance of 1474.44 feet along the west boundaries of the SE1/4 SEI/4 and NE 1/4 SE 1/4 to the southwest corner of the Turnberry Subdivision No. 2; Thence S 890 19139" E a distance of 793.86 feet along the southerly boundary of Tumberry Subdivision No. 2; Thence S 00' 3745" W a distance of 822.25 feet parallel With the east boundary of the SE1/4 SEI/4; Thence N 89' 20'31 " W a distance of 461.10 feet, Thence S 00' 3745" W a distance of 368.32 feet parallel with the east boundary of the SE1/4 SE 1/4; Thence N 89' 17' 10" W a distance of 165.09 feet parallel with the south boundary of the SEI/4 SEIA; MA50N & 5TANN ELD, INC. EN611VEEK,5,,5aR W YOK56 , 1PLANNEK6 Page I of 2 Meridian City Council Meeting',Agenda February 13, 2018 — Page 217 of 372 Thence along a curve to the left, having a radius of 455,00 feet, a delta angle of 18108' 22", and whose long chord bears S 03* 4747" E a distance of 143,45 feet Thence along a curve to the right, having a radius of 545.00 feet, a delta angle of 131 34'48", and whose long chord bears S 06' 04'34" E a distance of 128.87 feet; Thence S 00142' 50" W a distance of 13.03 feet parallel with the east boundary, of the SE1/4 SEI/4 to the POINT OF BEGINNING. This parcel contains 18.994 acres more or less. Also, this parcel is subject to all easements and rights-of-way of record or implied. MA50N &SrANHELD, INC ENGINEEK,5, —'54IR VE YCW,5 & I�AiVNEK,5 Page 2 of 2 Meridian City Council Meeting Agenda February 13, 2018 — Page 218 of 372 W.19fiffW1. A Aff CITY OF MERIDIAN D T FINDINGS OF FACT, CONCLUSIONS OF LAW Cjf1E- DIA -N*-----.,, AND DECISION & ORDER VN. inAwn In the Matter of the Request for a Modification to the Development Agreement to Include a New Conceptual Development Plan for the Site; and a Preliminary Plat Consisting of 60 Building Lots and 7 Common Lots on 18.99 Acres of Land in an R-4 Zoning District for Burlingame Subdivision, by Mason and Stanfield, Inc. Case No(s). H-2017-0055 For the City Council Hearing Date of. August 15, 2017 (Findings on September 19, 2017) A. Findings of Fact I. Hearing Facts (see attached Staff Report for the hearing date of September 19, 2017, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of September 19, 2017, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of September 19, 2017, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of September 19, 2017, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted April 19, 2011, Resolution No. 11 -784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Community Development Department, the Public Works Department and any affected party requesting -notice. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2017-0055 -I - Meridian City Council Meeting Agenda February 13, 2018 — Page 219 of 372 That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of September 19, 2017, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application, C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's request for a modification to the development agreement and preliminary plat is hereby approved per the conditions of approval in the Staff Report for the hearing date of September 19, 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 11-613-7.A, the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two (2) years. Additional time extensions up to two (2) years as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current -provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again (UDC 11- 613-7C). Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved', said development agreement shall be signed by the property owner(s) and returned to the city within six (6) months of the city council granting the modification. A modification to the development agreement may be initiated prior to signature of the CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2017-0055 -2- Meridian City Council Meeting Agenda February 13, 2018 — Page 220 of 372 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 filled prior to the end of the six (6) month approval period. E. N, otice 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 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 September 19, 2017 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). 11�2017-0055 -3- Meridian City Council Meeting Agenda February 13, 2018 — Page 221 of 372 By action of the City Council at its regufar meet g held an the I day of 26M COUNCIL PRESIDENT KEITH BIRD -VOTED-)ktl 1� I COUNCIL VICE P -RESIDENT JOE 9ORTON ivOTEA--2?�' COUNCIL MEMBER ANNE LITTLE ROBERTS 'VOTED COUNCIL MEM13ER TY PALMER VOTEDJ�_ COUNCIL MEMBER LUKE CAVENER VOTED - Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. By-,_ Dated, City '� t� C1TY0'FME, RJDTAN,f'1ND1NGS OF FACT, COXCLUSIONS OF LAWAND DWSION&O"ER FTLEYO(S), H-201,7-01655 �4� Meridian City Council Meeting Agenda February 13, 2018 — Page 222 of 372 EXHIBIT A F%�Mllqlattwukfjal I HEARING DATE: August 15, 2017 (Continued from June 27, and July 5, 2017) TO: Mayor and City Council FROM: Joshua Beach, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Burlingame Subdivision — MDA, PP (H-2017-0055) 1. SUMMARY DESCRIPTION OF APPLICANTS' REQUEST The applicant, Mason & Stanfield, Inc., has submitted an application for a modification to the development agreement (MDA) to include a new conceptual development plan for the site; and a preliminary plat (PP) consisting of 60 building lots and 7 common area lots on 18.99 acres of land in an R-4 zoning district. See Section VIII, 4nalysis, for more information. 11. SUMMARY RECOMMENDATION Staff recommends approval of the proposed MDA and PP applications based on the Findings of Fact and Conclusions of Law in Exhibit C of the Staff Report. The Meridian Planning & Zoning Commission heard these items on June 1, 2017. At the public hearing, the Commission moved recommend approval of the proiect. a. Summary of Commission Public Hearing: i. In favor: James Prather, Will Mason ii. In opposition: None iii. Commenting: Carla Mace, Kate Delgado -Miller, Don Clower, iv. Staff presenting application: Josh Beach v. Other staff commenting on application: Bit! Parsons b. Key issue(s) of Public Testimony: L. Continued irrigation warter arriving at the adjacent properties ii. Concerns rei!arding the easement that crosses both the LDS and seventh day Adventist properties to the east and who will be allowe3d to use, this easement in the future. iii. Construction traffic for the development should eome off of Cherry and not through the Turnberry Subdivision. iv. Concerns that this proiect will turn into a multi -family development. c. Key Imes of Discussion by Commission: L Amount of open space provided, and specifically allowing a large retention pond to be used in the open space calculation. ii. Maintaining the availability of adjacent properties to use their allotted irrigation water. W. Whether to and where to require stub streets. iv. Access to Cherry Lane for the existing; house and how to make that happen. v. Concerns that the open space and amenities are not distributed evenly throughout the subdivision. d. Commission Changes) to Staff Recommendation: i. Remove condition 1.1.111 ii. Remove condition 1.1.1C Burlingame Subdivision — MDA, PP H-2017-0055 PAGE I Meridian City Council Meeting Agenda February 13, 2018 — Page 223 of 372 EXHIBIT A iii. Modify condition LUE as follows "Provide a 10 -foot multi -use pathway along the no side of W. Bellevue Gooft-, the east side of N. O'ConnoF Avenve and along the existing aeeess easement out to N. Blaek Cat Road. This multi use pathway shall extend from the west boundary of the plat and extend to N. Blaek Cat R stub the pathway to the east property line in ling with the existing easement. iv. Add a DA condition that the applicant be required to show amenities on both the north and south sides of the development. e. Outstandini! Issue(s) for City Council: L Reauest to leave the Stafford Sublateral and Settlers Canal open. ii.The request to modify the development agreement. The Meridian City Council heard these items on August 15, 2017. At the public hearing, the Council approved the subiect PP and MDA requests. a. Summary of City Council Public Hearing: i. In favor: James Prather, Will Mason ii. In opposition: John Vogler, Steven Hunt iii. Commenting: John Vogler, Will Mason, Jarron Langston iv. Written testimony: Letter from Turnberry HOA and a petition 1. Staff presenting application: Josh Beach vi. Other staff commenting on application: "e Radek, Caleb Hood b. Key Issues of Discussion by Council: i. Concerns over the irrigation pond and how the pond will be maintained. ii. Discussion on the location of stub streets. iii. The 25 -foot landscape buffer along Cherry Lane. iv. Access to the existing home that fronts on Cherry Lane. g, Key Council Changes to Staff/Commission Recommendation i. Add condition 1.1.2 to read as follows "The applicant shall maintain a-25 foot landscape buffer alone the entire frontage of W. Cherry Lane, this includes across the frontage of V arcel# S1204449040.11 ii. Add condition 1.1.3 to read as follows "The irrigation retention pond shall be designed in accord with UDC 11-3G-3118." 111. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to recommend approval of File Number H-2017-0055, as presented in the staff report for the hearing date of June 1, 2017, with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to recommend denial of File Number H- 2017-0055, as presented during the hearing on June 1, 2017, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number H-2017-0055 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: Burlingame Subdivision - MDA, PP H-2017-0055 PAGE 2 Meridian City Council Meeting Agenda February 13, 2018 — Page 224 of 372 EXHIBIT A The subject property is located near the northeast comer of W. Cherry Lane and N. Black Cat Road in the SW 1/ of Section 4, Township 3N., Range IW. B. Applicant: Mason & Stanfield, Inc. 826 3rd Street South Nampa, Idaho 83651 C. Owner: Yuriy Mukha 5504 N. Senita Hills Avenue Meridian, ID 83646 D. Representative: Will Mason, Mason & Stanfield, Inc. 826 3rd Street South Nampa, Idaho 83651 E. Applicant's Statement/Justification: Please see applicant's narrative for this information. V. PROCESS FACTS A. The subject applications are for a modification to the development agreement and a preliminary plat. A public hearing is required before the Planning & Zoning Commission and City Council on the preliminary plat;a public hearing is only required before the City Council on the development agreement modification, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: May 12, 201`7 (Commission) June 9, 2017 (Council) C. Radius notices mailed to properties within 300 feet on: May 4, 2017 (Commission) June 8, 2017 (Council) D. Applicant posted notice on site by: May 16, 2017 (Commission) June 12, 2017 (Council) V1. LAND USE A. Existing Land Use(s): There are currently two existing single-family home on the subject property. These homes are proposed to remain as part of the subdivision. The property is zoned R-4. B. Character of Surrounding Area and Adjacent Land Use and Zoning: North. Single-family residential (Tumberry Crossing), zoned R-4 South: Single-family residential property, zoned RUT in Ada County East: Two Church buildings, zoned L-0 West: Single-family residences, zoned RUT in Ada County C. History of Previous Actions: In 2006, this property was annexed and zoned (AZ -06-018) as Incline Village Subdivision; a development agreement was approved as a provision of annexation recorded as Instrument No. 106151230. A preliminary plat was also approved (PP -06-016) as Incline Village Subdivision. Also in 2006, a final plat (FP -06.045) was approved for the property. The final plat however, was never recorded with the County and has since expired. One of the existing homes on the property was removed from the plat through a property boundary adjustment,. Burlingame Subdivision, — MDA, PP H-2017-0055 PAGE 3 Meridian City Council Meeting Agenda February 13, 2018 — Page 225 of 372 EXHIBIT A D. Utilities: a) Location of sewer: The western portion of this development along N Bonita Avenue is proposed to sewer to the east to the existing sewer main in Black Cat Road, however this area is master planned to sewer to the west. b) Location of water: The proposed project lies on the edge of the current pressure zone boundary. The development shall be required to connect to the existing mainline stub in N. O'Conner Avenue to the north; however this connection will not be able to serve the property until the pressure zone boundary is adjusted (likely 6-12 months). To enable service with the current pressure zone boundary, the project must connect to the east to the existing water main in Black Cat Road or to the existing mainline within the LDS Church parking lot. Applicant must also provide a means for water main to be connected to west in future. c) Issues or concerns: The developer will need to prove that adequate depth and cover can be provided over the sewer mains in the western side of the development. In addition, a sewer stub should be provided to service 5120 & 4920 W Cherry Lane either east from N, Bonita Avenue or south from W Filoli Court if the portion of property along N Bonita, Avenue is allowed to sewer out of master planned sewer shed. Sufficient capacity is available in the sewer trunk line in N Black Cat Road for this development. E. Physical Features: 1. Canals/Ditches Irrigation: The Stafford Sublateral and Settlers Canal run along the northern boundary of this property. There appears to be other irrigation ditches that traverse through this site. All open irrigation ditches, laterals and canals, should be tiled when this property develops. 2. Hazards: No hazards have been identified on this site. 3. Flood Plain: This property does not, lie within the Floodplain Overlay District. VII. COMPREHENSIVE PLAN ANALYSIS The subject property is designated Low Density Residential (LDP..,) on the Future Land Use Map (FLUM) contained in the Comprehensive Plan. Low density residential areas are anticipated to contain up to three dwellings per acre The applicant proposes to develop the site with 60 single-family residential homes at a gross density of 3.16 dwelling units per acre (d.u./acre) and a net density of 4.43 d.u./acre', which is consistent with the LDR FLUM designation.. Staff is requiring three additional stub streets for the project which will require the applicant to modify the plat and will reduce the number of lots proposed for the plat. This reduction in the number of buildable lots should get the plat below the target density in the comprehensive plan. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed use (staff analysis in italics): "Require appropriate landscaping and buffers along transportation corridor (setback, vegetation, low walls, berms, etc.)." (3.06.02F) A 25 foot wide street buffer is required along W, Cherry Lane, designated as an arterial street, landscaped in accord with the standards listed in UDC 11' -3B -7C Landscape Buffers along Streets. Support a variety of residential categories (low-, medium-, medium-high and high-density single-family, multi -family, townhouses, duplexes, apartments, condominiums, etc.,) for the purpose of providing the City with a range of affordable housing opportunities. Burlingame Subdivisioft — MDA, PP H-2017-0055 PAGE 4 Meridian City Council Meeting Agenda February 13, 2018 — Page 226 of 372 EXHIBIT A The proposed residential development will provide another housing option in this portion of the Cit adjacent to existing low -medium density residential uses. Staff is unaware of how "affordable" homes in this development will be. Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow. (3.03.030) The submitted preliminary plat proposes to extend the one stub street currently provided to this property from the north, (O'Conner Avenue). In addition, because staff anticipates that the parcels to the west will redevelop in the near future; staff recommends two additional stub streets to the west and one to the south as part of the project. These stub streets will provide for greater connectivity in the area once those parcels are redeveloped, "Restrict curb cuts and access points on collectors and arterial streets." (3.06.02D) The existing driveway access to Cherry Lane, an arterial street, should be removed. The new public street connection to Cherry Lane, has been reviewed and approved by ACUD. City Staff is also supportive of the location of N. Bonita Avenue; no additional access points to Cherry Lane should be allowed. "Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City." (3.01.01F) City services are available to be extended by the developer to the proposed lots with development in accord with UDC 11 -M-21.Existing homes that are to remain will also be required to connect to City services. "Protect existing residential properties from incompatible land use development on adjacent parcels." (3.06.01F) The applicant is proposing a residential zone. Staff finds that the existing single-family residential properties to the north, south, east and west, as well as the churches to the east, are compatible with the proposed development. "Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity as part of a community pathway system." (3.03.0313) The applicant is proposing to construct five foot wide sidewalks adjacent to all of the proposed streets, which connect to adjacentproperties. The pathways master plan shows a I 0 -foot multi -use pathway along the irrigation facilities that run along the north boundary of the site. With the understanding that it is impractical to run a i0 footpathwayfrom the west boundary of the property, to Black Cat Road, staff has proposed a different route that would achieve the same objective (See 'Exhibit A. 7). "Limit canal tiling and piping of ditches, creeks, and drains where public safety issues are not of concern. (5.01.011)) The applicant has indicated a desire to keep the irrigation facilities as open. The UDC requires that any, open irrigation facilities be tiled or landscaped as a water amenity or linear open space. The applicant will need to landscape the irrigation facilities in accord with the requirements of the UDC In accord with the above -stated policies and goals, Staff feels the proposed development is consistent with the Comprehensive Plan and the MDR FLUM designation if Council approves a "step up" in density for this development. VIIL UNIFIED DEVELOPMENT CODE (UDC) A. Purpose Statement of Zone: Per UDC 11-2A-1, the purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian comprehensive plan. Residential districts are Burlingame Subdivision — MDA, PP H-2017-©055 PAGE 5 Meridian City Council Meeting Agenda February 13, 2018 — Page 227 of 372 EXHIBIT A distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. B. Schedule of Use: Unified Development Code (UDC) Table 11-2A-2 lists the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the R-4 zoning district. Any use not explicitly listed, or listed as a prohibited use is prohibited. The proposed use of the property for single-family detached dwellings is a principal permitted use in the R-4 zoning district. C. Dimensional Standards: Development of the site should be consistent with the dimensional standards listed in UDC Table 11-2A-5 for the R-4 zoning district. D. Common Open Space and Site Amenities: Open space and site amenities for the development shall be installed in accordance with the open space requirements in effect at the time of final plat application will be applied. E. Off -Street Parking: Off-street parking is required in accord with UDC Table 11-3C-6 for single-family dwellings. F. Subdivision Design and Improvement Standards: The subdivision must comply with the subdivision design standards outlined in UDC 11-6C-3. IX. ANALYSIS' A. Analysis of Facts Leading to Staff Recommendation: DEVELOPMENT AGREEMENT MODIFICATION (MDA): Development of this property is currently governed by the development agreement (DA) approved for the Incline Village Subdivision (Instrument No. 106151230). Because the applicant's desire for the property does not match what was approved and required with the previous development agreement, the applicant has applied to modify the existing development agreement to update the development plan and building elevations. The new plan consists of 60 residential lots and 7 common lots. With a recent property boundary adjustment one of the existing homes was split off and excluded for the proposed preliminary plat. However, this home is still part of the recorded development agreement. Staff has reviewed the recorded development agreement and rinds that this home should be required to hook-up to City services; close the existing access to Black Cat and take access from the new public street being extended with the proposed development even though it is not part of the plat. The new DA should include the proposed development plan and any changes required and building elevations included as attached exhibits. See Exhibit A.5 for Staff's recommended DA provisions. PRELIMINARY PLAT (PP): A preliminary plat is proposed consisting of 60 building lots and 7 common lots on 18.99 acres of land in the R-4 zoning district. The plat is proposed to develop in 4 phases as shown in Exhibit A.2. The average lot size is 9,250 square feet (sf.) with a minimum lot size of 8,000 s.f. in accord with UDC standards. Dimensional Standards: The lots in the proposed subdivision are required to comply with the dimensional standards of the R-4 zoning district listed in UDC Table 11-2A-5 and the block length standards listed in UDC 11 -6C -3F.. Staff has reviewed the proposed plat and found it in compliance with the dimensional standards of the district, but not in compliance with the maximum block length standard of 750 feet in residential districts or 1,000 feet where a pedestrian pathway is provided or with 450 feet for cul- de-sacs. N. Bonita Avenue measures approximately 1,040 feet on the west side of the street and Burlingame Subdivision — MDA, PP H-2017-0055 PAGE 6 Meridian City Council Meeting Agenda February 13, 2018 — Page 228 of 372 EXHIBIT A does not have a pedestrian pathway. Additionally W. Bellevue Court and W. Ffloli Court both measure approximately 470 feet in length. These streets all fail to meet the requirements of UDC - 6C -3F. Staff suggests the following revisions to the plat: Provide three additional stub streets for the project, one to parcel # S 120443 8650, one to parcel # S 120443 8700, and one to parcel 4 S 1204449 100. The applicant shall submit a revised plat to staff reflecting these required changes at least ten days prior to the City Council hearing. Access/streets: Access to the two northernmost homes is currently provided from a private access easement to/from Black Cat Road. The existing home to remain near Cherry Lane currently takes access to Cherry Lane. The applicant is proposing to remove this existing access and to provide access to all of the dwellings within this development via internal public streets. For this development, the applicant is proposing to construct a new public street access to Cherry Lane (N. Bonita Avenue), and extend O'Conner Avenue into the site from the north. The applicant is proposing a mixture of 5 -foot attached and detached sidewalks throughout the development. With the exception of the three stub streets that staff is requiring to the west and south, staff is generally supportive of the proposed street system. ACHD has not submitted comments and conditions back to the City for this project. However, City Staff has spoken with ACHD staff about this project and does not believe that there are any significant changes to the plat that will be required from the District. ACHD's conditions will be included in Exhibit B once they are received by the City (prior to Council). The property located at 5136 W. Cherry Lane will be required to access the proposed N. Bonita Avenue and shall abandon direct access to Cherry Lane prior to the City Engineer's signature on the first final plat as noted above. Fencing: For the internal common lots the applicant shall provide fencing consistent with the fencing standards set forth in UDC 11 -3A-7.The developer shall install the fencing to distinguish the common from private areas in accord with UDC 11 -3A -7A.7. Temporary fencing shall be installed during construction and a detailed fencing plan should be submitted with the final plat. Landscaping: Street buffer landscaping is required to be provided as set forth in UDC Tables 11-2A-5 as discussed above under Dimensional Standards. Landscaping within the street buffers should be provided in accord with the standards listed in UDC 11 -3B -7C. The applicant shall revise the landscape plan to include a 25 foot landscape easement across the frontage of parcel #S 1204449040. Pathways: The Pathways Master Plan depicts a regional pathway on this site along the north side of the Cherry Lane, and another section of the 10 -foot regional pathway along the north side of the property. Provide a 10 -foot multi -use pathway along the north side of W. Bellevue Court, the east side of N. O'Connor Avenue and along the existing access easement out to N. Black Cat Road. This multi -use pathway shall extend from the west boundary of the plat and extend to N. Black Cat Road. Both pathways must be paved and landscaped in accord with the standards set forth in UDC, 11-3A-8 and UDC 11-3B-12. The applicant shall provide a revised landscape plan at least ten days prior to Council. The proposed 5 -foot pathway must be paved and landscaped in accord with the standards set forth in UDC 11-3A-8 and UDC 11-311-12. Waterways: Both the Safford Sublateral and Settlers Canal cross the property on the north boundary. Both lie within a 60 -foot wide Settlers Irrigation District easement. Burlingame Subdivision — MDA, PP H-2017-0055 PAGE 7 Meridian City Council Meeting Agenda February 13, 2018 — Page 229 of 372 EXHIBIT A The UDC (11-3A-6) requires all irrigation ditches, laterals, canals and drains to be piped unless left open as a water amenity (as defined in UDC 11-1A-1) or linear open space. The City Council may waive this requirement for large capacity facilities. The applicant requests a waiver from Council to allow the Settlers Canal and Safford Sublateral to remain open due to their large capacities. The applicant proposes to provide a bridge over both for a vehicle/pedestrian crossing. Existing Trees: 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 11-313-10. The applicant will need to contact the City Arborist if any trees are to be removed. The existing trees that are to remain should be protected during construction on the site. Sidewalks and parkways: A detached sidewalk shall be constructed along the entire frontage of W. Cherry Lane with the applicable phase of development. The applicant is also proposing a mixture of attached and detached sidewalks through the development. Per UDC 11 -3A -17E, all parkways are required to be 8 feet in width. The applicant shall revise the landscape plan to meet this requirement. Landscaping, Open Space and Amenities: The applicant is proposing 1.89 acres (10"/o) of open space for the development. The applicant is also proposing two section of a multi -use pathway as their one (1) required amenity for the subdivision. The applicant shall provide detailed open space calculations at least ten days prior to the City Council meeting. Additionally staff feels that with the number f homes proposed for this development, and because the location of the proposed development is relatively far from other amenities, that the applicant provide an additional qualifying amenity for the subdivision. Utilities: Street lighting is required to be installed within the development in accord with the City's adopted standards, specifications and ordinances. All development is required to connect to the City water and sewer system unless otherwise approved by the City Engineer in accord with UDC I I -3A-2 1. Pressurized Irrigation: An underground pressurized irrigation system is required to be provided for the development in accord with UDC 11-3A-15 as proposed. Storm Drainage: An adequate storm drainage system is required in all developments in accord with the City's adopted standards, specifications, and ordinances, per UDC 11-3A-18. Building Elevations: The applicant has submitted some conceptual sample building elevations for future homes in this development, included in Exhibit AA Building materials appear to consist of a mix of board and batten and horizontal lap siding and stone accents and stucco. Staff recommends approval of the subject applications with the conditions listed in Exhibit B per the Findings in. Exhibit D. IX. EXHIBITS A. Drawings/Other 1. Vicinity/Zoning Map 2. Proposed Preliminary Plat (dated: 04/07/17) 3. Proposed Landscape Plan (dated: 03/20/17) 4. Building Elevations 5. Development Agreement Provisions for Burlingame Subdivision 6. Multi -Use Pathways exhibit Burlingame Subdivision — MDA, PP H-2017-0055 PAGE 8 Meridian City Council Meeting Agenda February 13, 2018 — Page 230 of 372 EXHIBIT A B. Agency & Department Comments/Conditions C. Required Findings from Unified Development Code, Burlingame Sibdi-vision — MDA, PP H-2017-0055 PAGE 9 Meridian City Council Meeting Agenda February 13, 2018 — Page 231 of 372 EXHIBIT A Exhibit A. 1: Vicinity/Zoning Maps 0 0.375 0.75 Vicinity Map WW D&L-21151201 I \<=11 Iker. ibeach Burlingame Subdivision, — MDA, PP H-2017-0055 PAGE 10 Meridian City Council Meeting Agenda February 13, 2018 — Page 232 of 372 EXHIBIT A Exhibit A.2: Proposed Preliminary Plat (dated: 04/07/17) f-RaLf"OWSW s -f -Ar X 9.1 n T AL =1- We, I CIE kS UT" MR -10-0-M If st E Burlingame Subdivision — MDA, PP H-2017-0055 PAGE 11 Meridian City Council Meeting Agenda February 13, 2018 — Page 233 of 372 EXHIBIT A Exhibit A.3: Proposed Landscape Plan (dated: 03/20117) Burlingame Subdivision — MDA, PP H-2017-0055 PAGE 12 Meridian City Council Meeting Agenda February 13, 2018 — Page 234 of 372 EXHIBIT A Exhibit A.5: Building Elevations Burlingame Subdivision — MDA, PP H-2017-0055 PAGE 13 Meridian City Council Meeting Agenda February 13, 2018 — Page 235 of 372 Burlingame Subdivision — MDA, PP H-2017-0055 PAGE 14 Meridian City Council Meeting Agenda February 13, 2018 — Page 236 of 372 EXHIBIT A Exhibit A.5: Development Agreement Provisions for Burlingame Subdivision 1. That all future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. 2. That all future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. 3. That the applicant will be responsible for all costs associated with the sewer and water service extension. 4. That any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such asi landscape irrigation, 5. That the following shall be the only allowed uses on this property: single-family detached homes and allowed accessory uses of the R-4 zone. 6. That a maximum of 64- 60 single-family building lots shall be platted on this property. 7. That prior to issuance of any building permit, the subject property be subdivided in accordance with the City of Meridian Unified Development Code. -9-.8. That one public street access, and no driveways, will be allowed to Cherry Lane. Existing driveway(s) to Black Cat Road and Cherry Lane may be utilized until the internal streets within the plat are constructed and approved by the Transportation Authority (ACHD). At such time, direct lot access to Cherry Lane and Black Cat Road shall be prohibited. 4-0719. The property located at 5136 W. Cherry Lane will be required to access the proposed N. Bonita Avenue and shall abandon direct access to Meridian Road prior to the City Engineer's signature on the first final, plat. 10. That the applicant shall be responsible for the payment of assessments and the actual physical hook-up of the existing houses to the municipal services. The hook-ups shall be completed prior to Certificates of Occupancy for each phase for which that house lies in. Lot 2 Block 4 shall be hooked to municipal services prior to Certificates of Occupancy of the phase that connects to W. Cherry Lane. Burlingame Subdivision, — MDA, PP H-2017-0055 PAGE 15 Meridian City Council Meeting Agenda February 13, 2018 — Page 237 of 372 EXHIBIT A Exhibit A.6 Multi -Use Pathways Exhibit Burlingame Subdivision, — MDA, PP H-2017-0055 PAGE 16 0 Found �TAire2, "td" P� 0 Found 5,W m-" P67 C�Pfmu� tew 01 Po— pride. Sign p� t, centrad Waf- sarftry sew-QffhWe q8 YRrtd+° ffianbcad rtuadf rdtkahfl. b - ED WO — mavbo, swar d— uuf etm'. bxlYFR. 0 mwftrh�q we Sap6v faik lid �9.ek wmber Future &0 11,Lure figh t pf. 0 Futuro property 56.,it'vry O"t. SOJraR Ckw votty, dmhwg.—d Wg.6- --L Fencefr,- Edge of pa.,b-t Ed" 'at grovef pfea Or rhaad P..& fin. f. Top of sf�o T" or �Jope Edge of ebt read vftivgruncc po"r sue Uftd&gv-d phd Me W, WORY LANE 00 Meridian City Council Meeting Agenda February 13, 2018 — Page 238 of 372 EXHIBIT A B. Agency & Department Comments/Conditions 1. PLANNING DIVISION 1.1 Development Agreement 1.1.1 The existing development agreement, recorded as Instrument #106151230 shall be amended to include a new concept plan, new building elevations and to modify certain provisions of the existing development agreement. A fee of $303.00 shall be paid to the Planning Division after approval of the Findings by City Council. A final plat application shall not be submitted until the DA is signed and approved by City Council. The new Development Agreement (DA) shall be signed by the property owner and returned to the Planning Division within six (6) months of the City Council granting the modification/new agreement. The DA shall, at minimum, incorporate the provisions in Exhibit A.4 and Exhibit A.5. 1.1.2 The applicant shall maintain a 25 foot landscape buffer along the entire frontage of W. Cherry Lane; this includes across the frontage of parcel# S 1204449040. 1.1.3 The irrigation retention pond shall be designed in accord with UDC 11 -3'G -3B8.. 1.2 Preliminary Plat - Site Specific Conditions of Approval 1.1.1 The preliminary plat included in Exhibit A.2, dated 04/07/17, shall be revised as follows prior to the Planning and Zoning Commission meeting: a. The applicant shall provide three additional stub streets for the project, one to parcel# 51204438650, one to parcel# S 120443 8700, and one to parcel# S 1204449 100. The applicant shall submit a revised plat to staff at least ten days prior to the City Council hearing. d. Revise the plat to provide access to 5136 W. Cherry Lane from N. Bonita Avenue. Prior to signature on the first final plat, the access from 5136 W, Cherry Lane shall be relinquished. e. Provide a 10 -foot multi -use pathway along-themeAh side of W. Bellevue Gotvt, the east sid ' e of N. OConnor A -venue and along the existing aeeess easenwnt out to N. Blaek Cat Road. This multi use pathway sha4 ex4end from the west boundary of the plat and ex4effd to N. -Black Cat R -o stub to the east property line in line with the existing easement. f. The applicant shall connect the existing homes to city utilities prior to signature on the final plat that the specific home lies within. 1.1.2 The landscape plan included in Exhibit A.3, dated 03/20/17, shall be revised as follows: a. At least ten days prior to the City Council meeting, the applicant shall submit a detailed calculations table that demonstrates compliance with qualified open space and landscaping requirements. b. At least ten day prior to the City Council meeting, the applicant shall revise the landscape plan to include a 25 foot landscape easement across the frontage of parcel #S1204449040. e. At least ten day prior- to the City Getmeil meeting, the appheant sha4l fevise the landseape plan to meet the pa"ays r-equ4emencs as set feAh in UP11- e. 11 3 A d. Depiet the i�eeonfiguration of the plat as required above in eandition #14.1a and #14.1e. e. Landscaping is required along the multi -use pathway that is required to cross through the plat. This landscaping shall be installed in accord with the standards listed in UDC 11 -3B -I 2C. Burlingame Subdivision — MDA, PP H-2017-0055 PAGE 17 Meridian City Council Meeting Agenda February 13, 2018 — Page 239 of 372 EXHIBIT A f, If the applicant is counting the common lot along the north side of the project as qualified open space, the area shall be landscaped in accord with UDC -3G-3. The applicant also has the option of requesting a waiver from City Council to leave them open. g. The, applicant shall provide one additional qualifying amenity for the subdivision. 1.1.3 The developer shall construct all proposed fencing and/or any fencing required by the UDC, consistent with the standards as set forth in UDC 11-3A-7 and 11 -3A -6B, 1.2 General Conditions of Approval 1.2.1 Comply with all bulk, use, and development standards of the R-8 zoning district listed in UDC Table I I - 2A -6. 1.2.2 Comply with all provisions of 11-3A-3 with regard to access to streets. 1.2.3 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set forth in UDC 11-3A-6. 1.2.4 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11-3A-15, UDC 11-3B-6 and MCC 9-1-28. 1.2.5 Comply with the sidewalk standards as set forth in UDC 11-3A-17. 1.2.6 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-313-5J. 1.2.7 Construct all off-street parking areas consistent with the standards as set forth in LTDC 11-3 C-6 for non- residential -uses. 1.2.8 Construct the, required landscape buffers consistent with the standards as set, forth in UDC 11 -;3B -7C. 1.2.9 Construct storm water integration facilities that meet the standards as set forth in UDC 11 -3B -11C:.. 1.2.10 Comply with all subdivision design and improvement standards as set forth in UDC 11-6C-3, including but not limited to cul-de-sacs, alleys, driveways, common driveways, easements, blocks, street buffers, and mailbox placement. 1.2.11 Protect any existing trees on the subject property that are greater than four -inch caliper and/or mitigate for the loss of such trees as set forth in UDC 11-3B-10. 1.2.12 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle. 1.3 Ongoing Conditions of Approval 1.3.1 The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets the standards as set forth in UDC 11-3B-6andto install and maintain all landscaping as set forth in UDC I I- 313-5, UDC 11-313-13 and UDC 11-313-14. 1.3.2 All common open space and site amenities shall be maintained by an owner's association as set forth in UDC 11-3G-3FI. 1.3.3 The project is subject to all current City of Meridian ordinances and previous conditions of approval associated with this site. 1.3.4 The applicant and/or property owner shall have an ongoing obligation to prune all trees to a minimum height of six feet above the ground or sidewalk surface to afford greater visibility of 'the area. 1.3.5 The applicant shall have an ongoing obligation to maintain all pathways. 1.3.6 The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11, Burlingame Subdivision — MDA, PP H-2017-0055 PAGE 18 Meridian City Council Meeting Agenda February 13, 2018 — Page 240 of 372 EXHIBIT A 1.3.7 The applicant and/or property owner shall have an ongoing obligation to maintain all landscaping and constructed features within the clear vision triangle consistent with the standards in UDC 11 -3A-3. 1.4 Process Conditions of Approval 1.4.1 No signs are approved with this application. Prior to installing any signs on the property, the applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3 Article D and receive approval for such signs. 1.4.2 The applicant, shall complete all improvements related to public life, safety, and health as set forth in UDC 11 -5C -3B A surety agreement may be accepted for other improvements in accord with UDC 11 - 5C -3C, 1.4.3 The final plat, and any phase thereof, shall substantially comply with the approved preliminary plat as set forth in UDC 11 -6B -3C2. 1.4.4 The applicant shall obtain approval for all successive phases of the preliminary plat within two years of the signature of the City Engineer on the previous final plat as set forth in UDC 11 -6B -7B (if applicable). 1.4.5 The preliminary plat approval shall be null and void if the applicant fails, to either 1) obtain the City Engineer signature on a final plat within two years; or, 2) gain approval of a time extension as set forth in UDC 11-6B-7. 1.4.6 Upon installation of the landscaping and prior to inspection by Planning Division staff, the applicant, shall provide a written certificate of completion as set forth in UDC 11 -3B -14A 2. PuBLic WoRycs DEPARTMENT 2.1 Site Specific Conditions of Approval 2.1.1 The western portion of this development along N Bonita Avenue is proposed to sewer to the east to the existing sewer main in Black Cat Road, however this area is master planned to sewer to the west. The developer will need to prove that adequate depth and cover can be provided over the sewer mains in the western side of the development. In addition, a sewer stab should be provided to service 5120 & 4920 W Cherry Lane either east from N Bonita Avenue or south from W Filoli Court if the portion of property along N Bonita Avenue is allowed to sewer out of master planned sewer shed. Sufficient capacity is available in the sewer trunk line in N Black Cat Road for this development. 2.1.2 The proposed project lies on the edge of the current pressure zone boundary. The development shall be required to connect to the existing mainline stab in N. O'Conner Avenue to the north; however this connection will not be able to serve the property until the pressure zone boundary is adjusted (likely 6-12 months). To enable service with the current pressure zone boundary, the project must connect to the east to the existing water main in Black Cat Road or to the existing mainline within the LDS Church parking lot. Applicant must also provide a means for water main to be connected to west in future. 2.2 General Conditions of Approval 2.2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2.2 Per Meridian City Code (MCC), the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. Burlingame Subdivision — MDA, PP H-2017-0055 PAGE 19 Meridian City Council Meeting Agenda February 13, 2018 — Page 241 of 372 EXHIBIT A 2.2.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20 -feet wide for a single utility, or 30 -feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2" x 11" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted, reviewed, and approved prior to signature of the final plat by the City Engineer. 2.2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 9-2-28C 1). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 2.2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 2.2.6 All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. 2.2.7 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at (208)898- 5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 2.2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 2.2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.2.10 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, etc., prior to signature on the final plat. 2.2.11 All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11 -5C -3B. 2.2.12 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 2.2.13 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Amy Corps of Engineers. Burlingame Subdivision — MDA, PP H-2017-0055 PAGE 2d Meridian City Council Meeting Agenda February 13, 2018 — Page 242 of 372 EXHIBIT A 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 11-1-413. 2.2.17 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.2.18 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3 -feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1 -foot above. 2.2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACRD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.2.20 At the completion of the project, the applicant shall be responsible to submitrecord 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 (bttp://www.rneridiancity.org/public—works.aspx?id=272). All street lights shall be installed at developer's expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 2.2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 2.2.23 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed public sewer, water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must, file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-221. 3. POLICE DEPARTMENT 3.1 The Police Department has no comments on this application. 4. FIRE DEPARTMENT 4.1 One and two family dwellings will require a fire -flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 500 feet apart. International Fire Code Appendix C. 4.2 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. Burlingame Subdivision — MDA, PP H-2017-0055 PAGE 21 Meridian City Council Meeting Agenda February 13, 2018 — Page 243 of 372 EXHIBIT A 4.3 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4112" 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 comers 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. 9- 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. 4.4 The phasing plan may require that any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. Cul-de-sacs require a 96 -foot radius. 4.5 All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. 4.6 Operational fire hydrants, temporary or permanent street signs and access roads with an all-weather surface are required before combustible construction is brought on site. 4.7 The proposed 64 -lot subdivision with an estimated 2.9 residents per household would have a total estimated population of 186 residents at build out. 4.8 The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be home by the developer. 5. REPUBLIC SERvicEs 5.1 Republic Services did not submit comments on this application. 6. PARKS; DEPARTMENT 6.1 Developer shall construct a 10 foot multi -use pathway as per the Meridian Pathways Master Plan connecting Black Cat Road to the west boundary. A pedestrian pathway easement shall be recorded for the required pathway. Coordinate with Jay Gibbons, Meridian Pathway Project Manager for details. 6.2 Coordinate with Elroy Huff, City Arborist for tree mitigation requirements on the development property. 7. ADA CouNTY HiGnwAy DISTRICT` Site Specific Conditions of Approval (DRAFT) 7.1.1 Improve Cherry Lane to a minimum of 17 -feet of pavement from centerline plus a 3 -foot wide gravel shoulder abutting the site. 7.1.2 Dedicate 48 -feet of right-of-way from the section line on Cherry Lane. 7.1.3 Construct a 5 -foot wide concrete sidewalk along Cherry Lane abutting the site. The sidewalk should be located a minimum of 41 -feet from the centerline of Cherry Lane. 7.1.4 Extend O'Connor Avenue south into the site. 7.1.5 Construct stub streets to 5200 W. Cherry Lane and 5120 W. Cherry Lane. Install a sign at the terminus of both of the stub streets stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE." Provide a temporary turnaround for all stub streets greater than 150 -feet in length. 7.1.6 Construct Bonita Avenue, Floribunda Avenue and O'Connor Avenue as 33 -foot street sections with rolled Burlingame Subdivision — MDA, PP H-2017-©055 PAGE 22 Meridian City Council Meeting Agenda February 13, 2018 — Page 244 of 372 EXHIBIT A curb, gutter and 5 -foot wide sidewalk within 47-feetof right-of-way. 7.1,7 If the applicant chooses to construct a detached sidewalk, the applicant shall construct an 8 -foot wide parkway strip, and provide an easement encompassing the entire area between the right-of-way line and 2' feet behind the back edge of the sidewalk. 7.1.8 Construct Filoli Court and Bellevue Court as 29 -foot street sections with rolled curb, gutter and 5 -foot wide concrete sidewalk within 43 -feet of right-of-way. 7.1.9 Provide written fire department approval for construction of the 33 -foot and 29 -foot street sections. 7.1.10 Install "NO PARKING" signs on one side of the street on Filoli Court and Bellevue Court. 7.1.11 Construct the cul-de-sacs with a minimum turning radius of 45 -feet at the terminus of Filoli Court and Bellevue Court. 7.1.12 Re -design or install traffic calming measures on Bonita Avenue to slow traffic and improve pedestrian safety. 7.1.13 Cherry Lane is classified as a principal arterial roadway. Other than the access specifically approved with this application, direct lot access is prohibited to this roadway and should be noted on the final plat. 7.1.14 Payment of impacts fees are due prior to issuance of a building permit. 7.1.15 Comply with all Standard Conditions of Approval. 7.2 Standard Conditions of Approval (DRAFT) 7.2,1 All proposed irrigation facilities shall be located outside of the ACHD right-of-way (including all easements). Any existing irrigation facilities shall be relocated outside of the ACHD right-of-way (including all easements). 7.2.2 Private Utilities including sewer or water systems are prohibited from being located within the 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 home 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 hallbe required to call DIGLINE (1-811-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 7.2.8 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 7.2.9 All design and construction shall be in accordance with the ACHD Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACRD Standards unless Burlingame Subdivisioft — MDA, PP H-2017-0055 PAGE 23 Meridian City Council Meeting Agenda February 13, 2018 — Page 245 of 372 EXHIBIT A 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 ACIID. 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. Burlingame Subdivision — MDA, PP H-2017-0055 PAGE 24 Meridian City Council Meeting Agenda February 13, 2018 — Page 246 of 372 EXHIBIT A C. Required Findings from Unifted Development Code 1. PRELIMINARY PLAT: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: a. The plat, is in conformance with the Comprehensive Plan; Council finds that the proposed plat is in substantial compliance with the adopted Comprehensive Plan in regard to transportation and circulation. Please see Comprehensive Plan Policies and Goals, Section VU, of the Staff Reportfor more information. b. Public services are available or can be, made available and are adequate, to accommodate the proposed development; Council finds that public services will be provided to the subject property upon development. (See Exhibit B of the Staff fReportfor more information from public service providers) c. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because City water and sewer and any other utilities will be provided by the developer at their own cost, Council finds that the subdivision will not require the expenditure of capital improvement funds. d. There is public financial capability of supporting services for the proposed development; Council relies upon comments from the public service providers (i.e., Police, Fire, ACHD, etc.) to determine this finding. (See Exhibit B for more detail) e. The development will not be detrimental to the public health, safety or general welfare; and Council is not aware of any health, safety, or environmental problems associated with the platting of this property. ACHD considers road safety issues in their analysis. Council considers any public testimony that maybe presented when determining whether or not the proposed subdivision may cause health, safety or environmental problems of which Council is unaware. f. The development preserves significant natural, scenic or historic features. Council is unaware of any significant natural, scenic or historic features that exist on this site. Burlingame Subdivision, — MDA, PP H-2017-©055 PAGE 25 Meridian City Council Meeting Agenda February 13, 2018 — Page 247 of 372 f Lama—, rII -Ti zE r-9 I Burlingame Subdivision — MDA, PP H-2017-0055 Meridian City Council Meeting Agenda February 13, 2018 — Page 248 of 372 EXHIBIT Building Elevations Burlingame Subdivision — MDA, PyH-20l7-0855 Meridian City Council Meeting Agenda February 13.2018— Page 249of372 EXHIBIT C Burlingame Subdivision — MDA, PP H-2017-0055 Meridian City Council Meeting Agenda February 13, 2018 — Page 250 of 372