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Whistle Stop Development Agreement H-2017-0167DEVELOPMENT AGREEMENT PARTIES. 1; City of Meridian 2. Biltmore Company, Owner 3. Biltmore Company, Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered this into day of 2018, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called CITY whose address is 3V. BroaqjWvenue, Meridian, Idaho -83642 and Biltmore Company, whose address is 1548 CayusDr, Ste. 100, Meridian, ID 83646, hereinafter called OWNER and Biltmore Company whose address is 1548 Cayusc�Dr, Ste. 100, Meridian, ID 83646 hereinafter called DEVELOPER. 1. CITALS: 1.1 WHEREAS, Owner is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A", which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property; and 1.2 WHEREAS, Idaho Code § 67-6511A provides that cities may, by ordinance, require or permit as a condition of zoning that the Owner and/or Developer , make a written commitment concerning the use or development of the subject Property; and 13 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/or Developer have submitted an application for the re -zoning of 5.73 acres of land, described in Exhibit "A", from the L -O (Light Office) zoning district to the R-15 (Medium High 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 WHEREAS, Owner and/or 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 DEVELOPMENT AGREEMENT— WHISTLE STOP (H-2017-0167) PAGE 1 OF 8 .. Meridian City Council Meeting Agenda April 3, 2018 — Page 117 of 396 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 201h day of March, 2018, the Meridian City Council approved certain Findings of Fact and Conclusions of Law and Decision and Order C'Findings"), which have been incorporated into this Agreement and attached as Exhibit "B"; and 1.8 WHEREAS, the Findings require the Owner and/or Developer to enter into a Development Agreement before the City Council takes final action on final plat; and 1.9 WHEREAS, Owner and/or Developer deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and request; and 1.10 WHEREAS„ City requires the, Owner and/or Developer to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this Agreement, heroin 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 No16-1173, 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, ternis, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise; 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho 83642. DEVELOPMENT AGREEMENT — WHISTLE STOP (H-2017-0167) Meridian City Council Meeting Agenda April 3, 2018 — Page 118 of 396 PAoF, 2 OF 8 3.2 OWNER: means and refers to Biltmore Company, whose address is 1548 W Cayuse Creek Dr, Ste. 100 , Meridian, 1D 83646, the party that owns said Property and shall include any subsequent owner(s) of the Property. 3.3 DEVELOPER: means and refers to Biltmore Company, whose address is 1548 Cayuse Dr, Ste. 100, Meridian, ID 83646, the party that is developing said Property and shall include any subsequent developer(s) of the Property. 3.4 PROPERTY: means and refers to that certain parcels) of Property located in the County of Ada, City of Meridian as described in Exhibit "X' describing the parcels to be re -zoned Medium High Density Residential (R-15) zoning district 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. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owners and/or Developer shall develop the Property in accordance with the following special conditions: a. Future development of this site shall substantially comply with the preliminary plat, final plat and site/landscape plan included in the Staff Report that is attached to the Findings of Fact and Conclusions of Law attached hereto as Exhibit "B". b. Future development shall comply with the design standards listed in UDC 11 -3A -1q and the City of Meridian Architectural Standards Manual. 6. COMPLIANCE PERIOD This Agreement must be frilly 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. T2 Notice and Cure Period. In the event of Owner and/or Developer's default of this Agreement, Owner and/or Developer shall have thii ty (3 0) days from receipt of written notice from City to initiate cornmenoement of action to DEVELOPMENT AGREEMENT`— WHISTLE STOP (H-2017-0167) PAGE 3 OF 8 Meridian City Council Meeting Agenda April 3, 2018 — Page 119 of 396 correct the breach and cure the default, which action must be prosecuted with diligence and completed within one hundred eighty (180) days; provided, however, that in the case of any such default that cannot with diligence be cured within such one hundred eighty (180) day period, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 7.3 Remedies. In the event of default by Owner and/or Developer that is not cured after notice as described in Section 7.2, Owner and/or Developer shall be deemed to have consented to modification of this Agreement and de- annexation and reversal of the zoning designations described herein, solely against the offending portion of Property and upon City's compliance with all applicable laws, ordinances and rules, including any applicable provisions of Idaho Code §§ 67-6509 and 67-6511. Owner. and/or Developer reserve all rights to contest whether a default has occurred. This Agreement shall be enforceable in the Fourth Judicial District Court in Ada County by either City or Owner and/or Developer, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 7.4 Delay. In the event the performance of any covenant to be performed hereunder by either Owner and/or Developer or City is delayed for causes that are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes, or similar causes, the time for such performance shall be extended by the amount of time of such delay, 7.5 Waiver, A waiver by City of any default by Owner and/or Developer of any one or more of the covenants or conditions hereof shall apply solely to the default and defaults waived and shall neither bar any other rights or remedies of City nor apply to any subsequent default of any such or other covenants and conditions. 8. INSPECTION: Owner and/or Developer shall, immediately upon completion of any portion or the entirety of said development of the Property as required by this Agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Agreement and all other ordinances of the City that apply to said Property. 9. REQUIREMENT FOR RECORDATION: City shall record this Agreement, including all of the Exhibits, and submit proof of such recording to Owner and/or Developer, prior to the third reading of the Meridian Zoning Ordinance in connection with the re -zoning of the Property by the City Council, If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby, the City shall execute and record an appropriate instrument of release of this Agreement. DEVFLOPNIENT AGRFEN/IENT — WMSTLE STOP (H-2017-0167) PAGE 4 OF 8 Meridian City Council Meeting Agenda April 3, 2018 — Page 120 of 396 10. ZONING: City shall, following recordation of 'the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. 11. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under the UDC, to insure the installation of required improvements, which the Owner and/or Developer agree to provide, if required by the City. 12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the City, or sufficient surety of performance is provided by Owner and/or Developer to the City in accordance with Paragraph 11 above, 13. ABIDE BY ALL CITY ORDINANCES: That Owner and/or Developer agree to abide by all ordinances of the City of Meridian unless otherwise provided by this Agreement. 14. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: City Clerk City of Meridian 33 E, Broadway Ave. Meridian, Idaho 83642 OWNER: Biltmore Company 1548 W Cayuse Creek Dr, Ste. 100 Meridian, tD 83646 with copy to: City Attorney City of Meridian 33 E. Broadway Avenue Meridian, ID 83642 DEVELOPER: Biltmore Company 1548 W Cayuse Creek Dr, Ste. 100 Meridian, ID 83646 14.1 A patty 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 patties hereto concerning this Agreement, the prevailing patty 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. DEVELOPMENT AGREEMEW — WMSTLE STOP (Hu2017-0167) PAGE 5 OF 8 Meridian City Council Meeting Agenda April 3, 2018 — Page 121 of 396 17. BINDING UPON SUCCESSORS. This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owner and/or Developer, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in 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/or Developer, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined that Owner and/or Developer have fully performed their obligations under this Agreement. 18. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided, each party shall act reasonably in giving any consent, approval, or taking any other action under this Agreement, 20. COOPERATION OF THE PARTIES: In the event of any legal or equitable action or other proceeding instituted by any third party (including a governmental entity or official) challenging the validity of any provision in this Agreement, the parties agree to cooperate in defending such action or proceeding, 21, FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owner and/or Developer and City relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owner and/or Developer and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration', amendment, change or addition to this Agreement shall be binding upon the, parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. 21.1 No condition governing the uses and/or conditions governing re -zoning of the subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice pro -visions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. [end of text; signatures, acknowledgements, and Exhibits A and B follow] DEVELOPMENT AGREEMENT — WHISTLE STOP (H-2017-0167) PAGE- 6 OF, 8 Meridian City Council Meeting Agenda April 3, 2018 — Page 122 of 396 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the panties have herein executed this agreement and ue as hereinabove provided. -T__ - -T ♦ - A TTT"C7 m:: STATE OF Idaho ss County of Ada ) On this a3' of Arm 2018, before me, the undersigned, a Notary Public in and for said State, personally appeared i°iUf ti}'? known or identified to me to be tlr may' of Biltmore Company, and acknowledged to me that he executed the same on behalf of said compa4. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first 0 (SEAL) av�E' °�•° t1 ��sesrse����i otary Public r t: "011 +s•• ! � Resrding at e A0•8 L1 J' My Commission Expires: PAGE 7 OF 8 STATE OF Idaho ss: County of Ada On this Reay of PbX6h 2018, before me, the undersigned, a Notary Public in and for said State, personally appeared YeW I Y7 FFAMO--r- -known or identified to 'me to be the YWAjjA,4.,eA" of Biltmore Company, and acknowledged to me that he executed the same on behalf of said compan�l IN WITNESS WHEREOF, I have hereunto set my hand a affixed my official al day and year in this certificate first abopsniosh,,,, d a affixed official eal t day 'xe my offic' (SEAL) ♦ JOHNS 0 t P �i y c tary Public for Residing at: M My Commission i s ss My Commission Expires: dr STATE OF IDAHO ss County of Ada On this 3 rd da of ApV-( 2018, before me, a Notary Public, personally appeared Tammy de Weerd and Clay Coles, know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, Nvho 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. (SEAT �hlbvlo Wd�j= Notary Public for Idaho 0 Residing at: ,0,2A do*) -rb Commission expires:3 -c''8 -,;L0c;L7A DEVELOPMENT AGREEMENT -- WHISTLE STOP (H-2017-0167) PAoF 8 OF 8 EXHIBIT A [W-ra#^ e R f « TiT.9 f15 f • • • • /�/ ' i • #Jim- ih000 • • the 0**!• •. R • W 2 theWOW11V 001r400 000 R theme South 61.09'37" East, 203.71 feet„ thence South W200" Whistle Stop - H-2017-0167 f Meridian City Council Meeting Agenda April 3, 2018 — Page 125 of 396' EXHIBIT A Whistle Stop — H-2017-0167 im Meridian City Council MeetingAgenda April 3, 2018 — Page 126 of 396 w CURVE TABLE r r� CURVE RADIUS LENGT�CHORD IST. CHORD 13RG. DELTA t b a 300M 127x2 573'17°58"E'1V4Y r r 10 60 IS r t1 30 120 r TRAMORE SUBDMSI SCALE:Ci > tn'� J N1 S85'06'4 "E 60.1w 03 F1 �a S85'26`20"E r I 21.61, r11 r r r r r � c3 WHISTLE STOP SUBDIVISION' � 5.73 acres C k C' f 77{{29 r OV N88',31'5 UNION PACIFIC RAILROAD Whistle Stop — H-2017-0167 im Meridian City Council MeetingAgenda April 3, 2018 — Page 126 of 396 EXHIBIT B CITY OF MERIDIAN E I D I!I A FINDINGS OF FACT, CONCLUSIONS OF LAW awl I D AND DECISION & ORDER IHO In the Matter of the Request for a Rezone of 5.73 Acres of Land from the L-0 to the R-15 Zoning District; Conditional Use Permit for a Multi -Family Development Consisting of 68 Residential Units in an R-15 Zoning District; and a Combined Preliminary and Final Plat Consisting of (16) Building Lots and (3) Common Lots on 5.7 Acres of Land in the R-15 Zoning District, by Biltmore Company. Case No(s). H-2017-0167 For the City Council Hearing Date of: March 6, 2018 (Findings on March 20, 2018) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of March 6. 2018, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of March 6, 2018, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of March 6, 2018, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of March 6, 2018, 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 §i. 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). U-2017-0167 -I - Meridian City Council Meeting Agenda April 3, 2018 — Page 127 of 396 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of March 6, 2018, 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 rezone, conditional use permit and combined preliminary and final plat is hereby approved with the requirement of a development agreement per the comments and conditions of approval in the Staff Report for the hearing date of March 6, 2018, 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 11-613-7A). 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 Conditional Use Pen -nit Duration Please take notice that the conditional use permit, when granted, shall be valid for a maximum period of two (2) years -unless otherwise approved by the City. During this time, the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting, the final plat must be signed by the City Engineer within this two (2) year period. Upon written request and filed by the applicant prior to the termination of the period in accord CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2017-0167 -2- Meridian City Council Meeting Agenda April 3, 2018 — Page 128 of 396 with 1 1 -5B -6.G.1, the Director may authorize a single extension of the time to commence the use not to exceed one (1) two (2) year period. Additional time extensions up to two (2) years as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the conditional use comply with the current provisions of Meridian City Code Title 1 I(UDC 11-513-617). Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s) and returned to the city within six (6) months of the city council granting the modification. A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six (6) month approval period. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-652 1, 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 ajudicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Repoli for the hearing date of March 6, 2018 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2017-0167 -3- Meridian City Council Meeting Agenda April 3, 2018 — Page 129 of 396 By action of the City Council at its regular meeting held on the 2&- day Of 2018. �, 2,p, COUNCIL PRESIDENT JOE BORTON VOTED_/ --,`1 COUNCIL VICE PRESIDENT LUKE CAVENER VOTED Le, COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED ,1"4 COUNCIL MEMBER TY PALMER VOTED Y6� t COUNCIL MEMBER TREG BERNT VOTED 'leo COUNCIL MEMBER GENESIS MILAM VOTED MAYOR TAMW de WEERD VOTED ('rTP TIT?PAYPP) Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. By:C baA.U-rt U)Dated: City Clerk's Office Q CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2017-0167 -4- Meridian City Council Meeting Agenda April 3, 2018 — Page 130 of 396 EXHIBIT A STAFF REPORT C�WE N 1! �*_ HEARING DATE: March 6, 2018 TO: Mayor & City Council FROM: Sonya Allen, Associate Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Whistle Stop — RZ, CUP, PFP (H-2017-0167) 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Biltmore Company, has submitted an application for a rezone (RZ) of 5.73 acres of land from the L -O to the R-15 zoning district; conditional use permit (CUP) for a multi -family development consisting of 68 residential units in an R-15 zoning district; and a combined preliminary and final plat (PFP) consisting of 16 building lots and 3 common lots on 5.7 acres of land in the proposed R-15 zoning district. I I 10LINK71 110 F.1 Ald Staff recommends approval of the proposed RZ, CUP and PFP applications based on the Findings of Fact and Conclusions of Law in Exhibit D of this report. The Meridian Planning & Zoning Commission heard these items on February 1, 2018. At the public hearing, the Commission moved to recommend approval of the suhiect RZ, CUP and PFP requests. a. Summary of Commission Public Hearing: L In favor: Kevin Amar fi. In opposition: None iii. Commenting: None iv. Written testimony: None 1. Staff presenting application: Sonya Allen A. Other staff commenting on application: None b. Key issue(s) of Public Testimony: L None c. Key Issues of Discussion by Commission: L Pathway connection to W. Pine Ave. as recommended by the Pathways Proiect Manager; ii. Adequacy of the proposed parking (although it exceeds UDC standards) and whether or not the UDC should be amended to require more parking for multi -family developments; iii. Pathway along the Nine Mile Creek and extensions east & west of the site. d. Commission Change(s) to Staff Recommendation: L Remove condition #6.1 in Exhibit B that requires a pathway connection to W. Pine Ave. and associated fencing and landscaping.- e. Outstanding Issue(s) for City Council: L None Whistle Stop — RZ, CUP, PFP H-2017-0167 PAGE 1 Meridian City Council Meeting Agenda Mm&l!l,2MQ1H)48Pa&48118630&26 EXHIBIT A 111. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2017- 0167, as presented in the staff report for the hearing date of March 6, 2018, with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2017-0167, as presented during the hearing on March 6, 2018, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number H-2017-0167 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is located at 1297 W. Pine Avenue, in the SW 1/4 of Section 12, Township 3 North, Range I West. (Parcel No. 88521560020) B. Applicant: Biltmore Company 1548 Cayuse Way, Ste. 100 Meridian, ID 83646 C. Owner: Marlon Hughes Whistle Stop — RZ, CUP, PFP H-2017-0167 PAGE 2 Meridian City Council Meeting Agenda Ma6tb,2MQ1H)4-8Pa&48A8V39&26 EXHIBIT A 201 Blackberry Midland, TX 79701 D. Representative: Kent Brown, Kent Brown Planning Services 3161 E. Springwood Dr. Meridian, ID 83642 E. Applicant's Statement/Justification: Please see applicant's narrative for this information. V. PROCESS FACTS A. The subject application is for a rezone, conditional use permit and combined preliminary/final plat. A public hearing is required before the Planning and Zoning Commission and City Council, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: January 12, 2018 (Commission); February 16, 2018 (City Council C. Radius notices mailed to properties within 300 feet on: January 19, 2018 (Commission); February 9, 2018 (City Council) D. Applicant posted notice on site(s) on: January 22, 2018 (Commission); February 24, 2018 (City CouncJil V1. LAND USE A. Existing Land Use(s): The site consists of a single undeveloped vacant lot, zoned L-0. B. Character of Surrounding Area and Adjacent Land Use and Zoning: North: Multi-f4mily residential (Tramore), zoned L-0 South: Railroad tracks and industrial uses, zoned RUT in Ada County and I -L respectively East: Multi -family residential (Rockereek), zoned R-15 West: Assisted living facility (Sabra), zoned L-0 C. History of Previous Actions.,, In 1990 and 2001, Records of Surveys (#1823 and #5461, respectively) were recorded for this property. In 2001, a conditional use permit (CUP -01-036) for a planned development for a senior community in an L-0 zoning district; and combined preliminary/final plat (PFP-0 1 -006) consisting of 2 building lots on 10 acres of land in an L-0 zoning district was approved for Tramore Subdivision. In 2004, a conditional use permit (CUP -04-018) for a planned development. consisting of 64 multi -family residential units; and a preliminary plat (PP -04-018) and final plat (FP -04-076) consisting of 16 building lots and 3 common/other lots on 5.7 acres of land in the L-0 zoning district was approved for Roundtree Subdivision. The developer installed the underground improvements, including the bridge over the Ninemile Creek and all of the water and sewer mains and pressure irrigation systems but never commenced construction of buildings. In 2007, a conditional use permit (CUP -07-002) for a multi -family development consisting of 64 dwelling units [(16) 4-plexes] on 5.7 acres of land in the L-0 zoning district; and Whistle Stop — RZ, CUP, PFP H-2017-0167 PAGE 3 Meridian City Council Meeting Agenda Ma&8,2ZQ1H)48Pa&4838830%26 EXHIBIT A preliminary plat (PP -07-004) consisting of 16 residential building lots and 3 common lots was approved for Doubletree Subdivision. No further development occurred with this approval. D. Utilities: 1. Location of sewer: Sanitary sewer mains intended to provide service to the subject site were installed as part of the previously approved development; however they were never fully completed or accepted by the city. 2. Location of water: Water mains intended to provide service to the subject site were installed as part of the previously approved development; however they were never fully completed or accepted by the city. 3. Issues or concerns: The applicant shall be responsible for the testing and completion of the installed utilities. D. Physical Features: 1. Canals/Ditches Irrigation: The Ninemile Creek bisects this site (east/west). 2. Hazards: Staff is not aware of any hazards that exist on this site. 3. Flood Plain: A portion of this site along the Ninemile Creek lies within the floodplain overlay district. V11. COMPREHENSIVE PLAN The subject property is currently designated High Density Residential (HDR) on the Comprehensive Plan Future Land Use Map (FLUM). The applicant requests City Council approval of a "step" down in density to Medium High Density Residential (MHDR) as allowed without an amendment to the FLUM (seepage 21 for more information). HDR: The HDR designation allows for the development of multi -family homes in areas where urban services are provided. Residential gross densities should exceed 15 dwelling units per acre. Development might include duplexes, apartment buildings, townhouses, and other multi -unit structures. A desirable project would consider the placement of parking areas, fences, berms, and other landscaping features to serve as buffers between neighboring uses. Developments need to incorporate high quality architectural design and materials and thoughtful site design to ensure quality of place and should also incorporate high quality architectural design and materials and thoughtful site design that incorporate connectivity with adjacent uses and area pathways, attractive landscaping and individual project identity. MHDR: The MHDR designation allows for the development of a mix of relatively dense residential housing types including townhouses, condominiums and apartments. Residential gross densities should range from 8 to 15 dwelling units per acre, with a target density of 12 units per acre. These are relatively compact areas within the context of larger neighborhoods and are typically located around or near mixed use commercial or employment areas to provide convenient access to services and jobs for residents. Developments need to incorporate high quality architectural design and materials and thoughtful site design to ensure qualify of place and should also incorporate connectivity with adjacent uses and area pathways, attractive landscaping and individual project identity. The applicant is proposing to develop a 68 unit apartment complex with a mix of townhome style units and more traditional apartments in 4-plex and 8-plex configurations. A gross density of 11.92 units per acre is proposed consistent with the requested step down in density to MHDR and the target density desired in that designation. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed use (staff analysis in italics): Whistle Stop — RZ, CUP, PFP H-2017-0167 PAGE 4 Meridian City Council Meeting Agenda Mm&l3,2MQ1H)48Pa&48489306126 EXHIBIT A "Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City." (3.01.01F) City services are available and will be extended by the developer to the proposed lots upon development of the site in accord with UDC 11-3A-21. "Require neighborhood and community commercial areas to create a site design compatible with surrounding uses. " (3.05.02A) The site design of the proposed multi family residential development is compatible with the same type of use to the east and the assisted living facility to the west. "Maintain integrity of neighborhoods to preserve values and ambiance of areas." (3.05.02) If the applicant complies with the'designi standards contained in the Architectural Standards Manual (ASM), the UDC and the specific use standards for multi family developments, staff is of the opinion the proposed use should maintain, the integrity of the neighborhood, "Restrict private curb cuts and access points on collectors and arterial streets." (3.06.02D) There is one existing driveway access via W Pine Avenue; no additional accesses are proposed via streets, "Require appropriate landscape and buffers along transportation corridors (setback, vegetation, low walls, berms, etc.)." (3.06.02F) A street buffer already exists along W Pine Avenue, an arterial street, in accord with, the standards listed in UDC 11 -3B -7C "Protect existing residential properties from incompatible land use development on adjacent parcels." (3.06.01F) There is an existing multi family development to the east of this site; and an, assisted living facility to the west of this site. Because the proposed use is also residential in nature, it should be compatible with existing adjacent residential uses. "Support a variety of residential categories (low-, medium-, medium-high and high-density single-family, multi -family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities." (3.07.0 1 E) The proposed multi -family development in 4-plex and 8-plex configurations should contribute to the variety of residential housing available in the City staff is unaware how "affordable" the units will be. "Preserve the existing rail corridor for a future transit system between Boise and Nampa." (3.03.04F) A multi -use pathway is proposed in accord with the Pathways Master Plan adjacent to the railroad corridor along the south boundary of the site. "Develop pathways to connect Meridian with Boise, Nampa, Kuna and Eagle." (0.0 1.020) A pathway exists off-site along the north side of the Ninemile Creek and a segment of the City's multi -use pathway system is proposed along the railroad tracks at the south boundary of the site which will provide interconnectivity with adjacent cities. Staff is also recommending a dedicated pathway easement is provided along the south side of the creek since none exists for the pathway on the north side of the creek. Whistle Stop — RZ, CUP, PFP H-2017-0167 PAGE 5 Meridian City Council Meeting Agenda Mm&B,2ZQ1H)48Pa&48818030%26 EXHIBIT A "Ensure development provides safe routes and access to schools, parks and other community gathering places." (3.07.02N) There is an existing sidewalk to this site from the sidewalk along W Pine Ave. for safe pedestrian access. For the above reasons, staff believes the proposed development is consistent with the Comprehensive Plan if City Council determines a "step " down in density is appropriate for this site. VIII. UNIFIED DEVELOPMENT CODE A. Purpose Statement of Zone: The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Residential districts are distinguished by the dimensional standards of the corresponding zone and housing types that can be accommodated. B. Schedule of Use: Unified Development Code (UDC) Table 11-2A-2 lists the principal permitted, accessory, conditional, and prohibited uses in the R-15 zoning district. The proposed multi -family development requires conditional use permit (CUP) approval in the R-15' zoning district. Compliance with the specific use standards listed in UDC 11-4-3-27, Multi -Family Development, for the use is also required. C. Dimensional Standards: Development of the site shall comply with the dimensional standards listed in UDC 11-2A-7 for the R-15 zoning district and in UDC 11-4-3-27 for multi -family developments. D. Landscaping: Street buffer landscaping is required as set forth in UDC Table 11=-2A-7 per the standards listed in UDC 11 -3B -7C; parking lot landscaping is required in accord with the standards listed in UDC 11 -3B -8C. E. Off -Street Parking: UDC Table 11-3C-6 lists the parking requirements for multi -family dwellings. F. Structure and Site Design Standards: Development of this site must comply with the design standards listed in UDC 11-3A-19 and in the Architectural Standards Manual (ASM). IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: REZONE (RZ): A rezone of 5.73 acres of land from the L -O to the R-15 zoning district is requested. A site development plan has been submitted that depicts how the property is proposed to develop with (15) 4-plex structures and (1) 8 -plea structure containing a total of 68 multi- family residential units. Since approval of the previous multi -family developments on this site, the UDC has been revised to no longer allow such uses in the L -O district. Therefore, a rezone to a residential district is necessary to develop the site in accord with the residential FLUM designation. The proposed zoning and development plan is consistent with the MHDR FLUM designation if City Council deems a step down in density is appropriate for this site without an amendment to the FLUM. The legal description submitted with the application, included in Exhibit C, shows the boundary of the property proposed to be rezoned. The property is within the Area of City Impact boundary. The City may require a development agreement (DA) in conjunction with a rezone pursuant to Idaho Code section 67-6511A. In order to ensure the site develops as proposed with this Whistle Stop — RZ, CUP, PFP H-2017-0167 PAGE 6 Meridian City Council Meeting Agenda Mm&l!l,2ZQ 1H148 Pa&486 8130(426 EXHIBIT A application, staff recommends a DA as a provision of the rezone with the provisions included in Exhibit B. CONDITIONAL USE PERMIT (CUP): A CUP is requested for a multi -family development consisting of 68 residential units on 5.7 acres of land in an R-15 zoning district. The units will be contained in (10) townhome style 4-plexes with the living room downstairs and 2 bedrooms upstairs; (5) traditional 4-plexes with 2 bedroom units downstairs and 2 bedroom units upstairs; and, (1) 8 -plea with (4) 1 -bedroom units downstairs and (4) 1 -bedroom units upstairs. The project will be constructed in one, phase. Specific Use Standards: The specific use standards for multi -family developments listed in UDC 11-4-3-27 apply to development of this site as follows: (Staffs comments in italics) A minimum of 80 square feet (s.f.) of private useable open space is required to be provided for each unit. The floor plans depict 81 square foot patio and balconies for each unit in compliance with this requirement. Developments with 20 units or more shall provide a property management office, a maintenance storage area, a central mailbox location with provisions for parcel mail that provides safe pedestrian and/or vehicular access and a directory map of the development at an entrance or convenient location for those entering the development. The preliminary plat site plan depicts a directory at the entrance to the development and central mailbox location; a property management office and maintenance storage area shall be depicted on, a revised site plan submitted with the Certificate of Zoning Compliance application. A minimum of 250 square feet of common open space is required for each unit containing more than 500 and up to 1,200 square feet of living area. All of the proposed units are between 500 and 1,200 square feet; therefore, a minimum of 17,000 squarefeet (or 0.39 of an acre) of common open space is required for this development that is a minimum of 400 square feet in area with a minimum length and width dimension, of 20 feet. The open space exhibit included in Exhibit A.4 depicts a total of 1.47 acres (or 63,937 sf) of common open space in accord with this requirement. For multi -family developments between 20 and 75 units, 3 site amenities are required to be provided with at least one from each category listed in UDC 11-4-3-27D. The applicant proposes a tot lot with children's play equipment, an open grassy area of at least 50'x 100' in size, a community garden, covered bicycle storage, and a segment of the City's multi -use pathway. These amenities fall within the quality of life, open space and recreation categories as required. Landscaping is required to comply with UDC 11-4-3-27-F. All street facing elevations shall have landscaping along their foundation as follows: the landscaped area shall be at least 3 -feet wide and have an evergreen shrub with a minimum mature height of 24 inches for every 3 linear feet of foundation. The remainder of the area shall bes landscaped with ground cover plants. Because this site is set back from Pine Avenue over 400', there are no street facing elevations. The development is required to record legally binding documents that state the maintenance and ownership responsibilities for the management of the development, including, but not limited to, structures, parking, common areas, and other development features. The applicant should comply with this requirement; the entire complex should be subject to the same maintenance agreement. Whistle Stop — RZ, CUP, PFP H-2017-0167 PAGE 7 Meridian City Council Meeting Agenda Mm&l!l,2MQ1H)48Pa&48718230&26 EXHIBIT A A minimum building setback of 10 feet is required unless a greater setback is otherwise required per UDC 11-4-3-27B.1. All buildings depicted on the site plan comply with this requirement. All on-site service areas, outdoor storage areas, waste storage, disposal facilities, and transformer and utility vaults shall be located in areas not visible from a public street, or shall be fully screened from view from a public street. There are no service areas proposed on the site that are visible from a public street (i.e. W Pine Ave). Parking: Off-street parking is required for multi -family developments in accord with the standards listed in UDC Table 11-3C-6. A minimum of 1.5 parking spaces is required for each dwelling unit that contains one bedroom; and a minimum of 2 parking spaces is required for each dwelling unit that contains 2 bedrooms with at least one of those spaces being covered by a carport or garage. Per the Lot Table in Exhibit A.5, all of the units except for one, which contains (1) bedroom, contain 2 bedrooms, which requires a minimum of 135.5 parking spaces with at least 69 of those being covered. The site plan depicts a total of 141 spaces provided with 70 of those being covered by carports in accord with UDC standards which is 5 more than the minimum required. Staff recommends the extra 5 spaces are signed for guest parking. A minimum of one bicycle parking space for every 25 proposed vehicle spaces or portion thereof is required to be provided on the site per UDC 11 -3C -6G in accord with the standards listed in UDC 11 -3C -5C. Based on 141 vehicle spaces proposed, a minimum of 6 bicycle spaces are required; 7 covered spaces are proposed. Landscaping: Parking lot landscaping is required to be provided in accord with the standards listed in UDC 11 -3B -8C and will be reviewed with the Certificate of Zoning Compliance application. The UDC (I 1-2B-3) requires a 25 -foot wide buffer along arterial streets (i.e. W. Pine Ave.) planted in accord with the standards listed in UDC I I -3B-7C. There is existing landscaping along Pine that complies with this requirement. Fencing: All new fencing is required to comply with the standards listed in UDC 11-3A-7.. Fencing along all natural waterways shall not prevent access to the waterway. In limited circumstances and in the interest of public safety, larger open water systems may require fencing as determined by the City Council, director and/or Public Work's Director in accord with UDC 11,-3A-6. Fencing exists along the east & west property boundaries of the site; a 6 -foot tall chain-link fence exists along the creek. No new fencing is proposed to be constructed with this development. Trash Enclosure: The design and locations of the trash enclosure(s) is required to be approved by Bob Olson at Republic Services (phone: 208-345-1265; or, email: rolsongrepILblicservices.com. A stamped approved plan is required to be submitted with the Certificate of Zoning Compliance application for the proposed trash enclosure(s). Open Space: Open space is required to be provided for multi -family developments within residential districts as set forth in UDC 11-3G-3A.I. A minimum of 10% (or 0.57 of an acre) qualified open space is required to be provided per the standards listed in UDC 11 -3G -3B. Additionally, per the specific use standards listed in UDC 11-4-3-27C for multi -family developments, a minimum of 17,000 square feet (or 0.39 of an acre) of common open space is required based on the square footage of the dwelling units per the standards listed in UDC 11-43- 3 -27C. 1 -43- 3-27C. Whistle Stop — RZ, CUP, PFP H-2017-0167 PAGE 8 Meridian City Council Meeting Agenda Ma6tb,2MQ1H)4-8Pa&48a88306126 EXHIBIT A Based on the above requirements, a minimum of 0.96 of an acre of qualified open space is required to be provided within this development. The open space exhibit included in Exhibit AA depicts a total of 1.47 acres (or 25.7%) of qualified open space, exceeding the minimum standards. Site Amenities: Site amenities are required to be provided within this development in accord with the standards listed in UDC 11 -3G -3C, which requires a minimum of one (1) qualified site amenity for properties under 20 acres in size; and UDC 11-4-3-27D which requires a minimum of qualified 3 amenities from each category (i.e. quality of life, open space and recreation). As discussed above, the applicant proposes a tot lot with children's play equipment, an open grassy area of at least 50' x 100' in size, a community garden, covered bicycle storage and a segment of the City's multi -use pathway. These amenities fall within the quality of life, open space and recreation categories as required. Building Elevations: Three (3) different building types are proposed within this development (i.e. townhome style 4-plexes, traditional 4-plexes, and an 8 -plea); all are 2 -stories in height. Building materials consist of a mix of horizontal, board and batten and shake siding with cultured stone accents and architectural composite roofing. The architectural character of the structures is required to comply with the standards listed in the Architectural Standards Manual. The elevations submitted with the Certificate of Zoning Compliance application should demonstrate compliance with those standards and should be substantially consistent with the concept elevations submitted with this application and the conditions contained in this report. Certificate of Zoning Compliance: The applicant is required to obtain approval of a Certificate of Zoning Compliance application for establishment of the new use and to ensure all site improvements and structures comply with the provisions of the UDC and the conditions in this report, in accord with UDC 11-5B-1. Design Review: The applicant is required to submit an application for Design Review concurrent with the Certificate of Zoning Compliance application in accord with UDC 11.-5B-8. The site and building design is required to be generally consistent with the elevations, site plan and landscape plan submitted with this application, the standards listed in UDC 11-3A-19, the Architectural Standards Manual and conditions of approval in Exhibit B. PRELIMINARY/FINAL PLAT (PFP): A combined preliminary and final plat (PFP) is proposed consisting of 16 building lots and 3 common lots on 5.7 acres of land in the R-15 zoning district. This is a re -subdivision of Lot 2, Block 1 Tramore Subdivision. Dimensional Standards: Staff has reviewed the proposed plat for compliance with the dimensional standards listed in UDC Table 11-2A-7 for the R-15 zoning district and found the plat in compliance with those standards. Access: Access to this development is provided from an existing driveway via W. Pine A -venue, an arterial street. The adjacent development to the south (i.e. Tramore) also uses this driveway for access. A note should be included on the plat that references the access easement to that property. A driveway stub exists to this site from the multi -family development to the east; a connection to that driveway is proposed for interconnectivity. Landscaping: A,25 -foot wide street buffer is required to be provided along W. Pine Avenue, an arterial street, as set forth in UDC Table 11-2A-7. The buffer is contained within the common lot for the driveway. Whistle Stop — RZ, CUP, PFP H-2017-0167 PAGE 9 Meridian City Council Meeting Agenda Ma6tb,2MQ1H)4-8Pa&48910430&26 EXHIBIT A Sidewalks: Sidewalks are required to be provided with development in accord with the standards listed in UDC 11-3A-17. Detached sidewalks are required along arterial streets (i.e. W. Pine Ave.). However, because an attached sidewalk already exists along W. Pine Avenue and it's in good condition, Staff does not recommend it's torn out and reconstructed as a detached sidewalk. Utilities: All development is required to connect to the City water and sewer system unless otherwise approved by the City Engineer in accord with UDC 11-3A-21. City water and sewer service has been extended to each lot. Pressurized Irrigation: An underground pressurized irrigation system is required to be provided for the development in accord with UDC 11-3A-15'. Each lot has been provided pressure irrigation from NMID. 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. Storm drainage is proposed to be retained on-site though previously installed sub -surface facilities. Staff recommends approval of the subject applications with the requirement of a development agreement with the provisions listed in Exhibit B per the Findings in Exhibit D. X. EXHIBITS A. Drawings 1. Vicinity/Zoning & Aerial Map 2. Preliminary Plat (dated: 12/5/17) 3. Final Plat (dated: 12/12/17) 4. Site/Landscape-Plan (dated: 12/13/17) & Open Space Exhibit (dated-., 12/5/17) 5. Proposed Building Elevations & Floor Plans B. Agency Comments/Conditions of Approval 1. Planning Division 2. Public Works Department 3. Fire Department 4. Police Department 5. Republic Services 6. Parks Department 7. Ada County Highway District C. Legal Description & Exhibit Map D. Required Findings from Unified Development Code Whistle Stop — RZ, CUP, PFP H-2017-0167 PAGE 10 Meridian City Council Meeting Agenda AWb8,2ZO1N48Pa&4401§5306126 EXHIBIT A Exhibit A.1: Vicinity/Zoning & Aerial Map Whistle Stop — RZ, CUP, PFP H-2017-0167 PAGE I I Meridian City Council Meeting Agenda Mw&l3,2EQ1R)4-8Ra&j41l063A(426 EXHIBIT A Exhibit A.2: Preliminary Plat (dated: 12/5117) A E51,, ,I L1 OF LOT FlLCr ,,F PA,h'-E W'OlvlA' A,'W',TLE �T',-' BISI ',13 "i 1-4T'81LTMM�E D' '4` +' ERID,kNI 1711AH0, Whistle Stop — RZ, CUP, PFP H-2017-0167 PAGE 12 Meridian City Council Meeting Agenda AWb8,2ZQ1R148Pa&440 SV 396i26' Exhibit A.3: Final Plat (dated:: 12/12/17) Q m r i 9 � r 8 3 EXHIBIT A, ;> n M2 rn -" 0 In 0 z Whistle Stop -- RZ, CUP, PFP H-2017-0167 PAGE 13 Meridian City Council Meeting; Agenda !0¢an b8,2ZQ'R148 Pa&4431 5830%26' EXHIBIT A Exhibit AA Site/Landscape Plan (dated: 12/13/17) & Open Space Exhibit (dated: 12/5/17) Um Whistle Stop — RZ, CUP, PFP H-2017-0167 PAGE 14 Meridian City Council Meeting Agenda Mm&l!l,2ZQ1R)48Ra&4d4§930%26 TYPICAL APARTF.MIT BLJsM LANWAPE:PLAN TYPICAL APARTMENT BLOB. LANDSCAPE PLAN TYPE C µ�� 1F3f/ flFMO y�a'l�-ifl1N4RN � �sa+Anrm�e im:: TYPICAL APARTMENT BLOB. LANDSCAPE PLAN EXHIBIT A PLANT SOMMULE �m Y6e M mAa• �repa mt d4Nv_ py�IwMf �Ar1Ye' tk w mPwn+ts'T.:: YM: R% xAm t f 41� iG aMnn�sm `�1rz. x A *Mm an. �:�¢�ipa'4LYL� aa3y{A *•vRfF W#Yh nr M� N.w aaHNSFR trWu awr. �uaroc vk a.x..�i..�ur ceai 3 ;R w- o va X Mg" "' 3M MAMW [ETAS ak4b#'M1ey+'aYbC%R^.aA1W�ch. "iaMalHztkR f+t M.: 1L� "'lIG P�TTPoYL i� �ITNA IF�?�S gpAWi:. # E� aa+lzxi.'Rti! r91NWMPWPFin..iFY ,r , 7REEPLpfilTll7 OQfrpL Whistle Stop RZ, CUP, PFP H-2017-6167 PAGE 15 Meridian City Council'. Meeting Agenda W¢aIi 8,2ZQtH)48Pa fmg6T0030%26' r 0 A LANDSCAPE DErA IL8 L2.0 EXHIBIT A PRELIMINARY PLAT WHISTLE STOP SUBDIVISION OPEN SPACE EXHIBIT BILAIORE COMPANY MERION IDAHO Whistle Stop — RZ, CUP, PFP H-2017-0167 PAGE 16 Meridian City Council Meeting Agenda AWb8,2ZD1R)48Ra&44(26130%26 EXHIBIT A "WIN" I'll i I J 4 R . . . . . . . . . . . . . . . . . x 7j N "I fY, > ff iijr'4 �54' m Fg2 0 > T r. N, . . . . . . . . . . . mrax Fera one. s+adv LANDSCAPE PLANS WHISTLE STOP SLIEUVISION S F, ire FOR WHISTLE STOP OLTMO14E OMPANY SWDIVISIDN MKXAN IDAHO rn Whistle Stop — RZ, CUP, PFP H-2017-0167 PAGE 17 Meridian City Council Meeting Agenda F4anitl3,2MQ1R)48Ra&44726238(426 EXHIBIT A Whistle Stop — RZ, CUP, PFP H-2017-0167 PAGE 18 Community Garden Meridian City Council Meeting Agenda F4arit13,7dp1R)4-8Ra& j4&68396426 EXHIBIT A Exhibit A.5: Proposed Building Elevations & Floor Plans Building A FRONT ELEVATION REAR ELEVATION Whistle Stop — RZ, CUP, PFP H-2017-0167 PAGE 19 Meridian City Council Meeting Agenda AWb8,2ZD1N48Pa&4420430%26 3'S( EXHIBIT A, Building A RIGHT E=LEVATION (Left Similar); ,. ....... ist FLOOR PLAN Whistle Stop = RZ, CUP, PFP H-2017-0167 PAGE 20 Meridian City Council Meeting; Agenda !I¢anb8,2ZQ1H)48Pa&46(26b30%261 EXHIBIT A, 2nd FLOOR PLAN FRONT ELEVATION Whistle Stop -- RZ, CUP, PFP H-2017-0167PAGE 21' Meridian City Council Meeting Agenda )0¢anb8,2ZD1H148Pa&46'26630%26', EXHIBIT A c _ 0=0 Right Elevation (Left Similar) - - 1 - REAR ELEVATION Whistle Stop RZ, CLIP, PFP H-2017-0167 PAGE 22 Meridian City Council Meeting; Agenda Ma&B,2ZQ1N48Pa&4626T2ff6126', EXHIBIT A Building B Building B Whistle Stop — RZ, CUP, PFP H-2017-0167 PAGE 23 Meridian City Council Meeting Agenda AWb8,2ZD1R148Pa&46T6830%26 EXHIBIT A, Building C Front Rear Elevation Building Left & Right Side Elevation Whistle Stop -- RZ, CUP, PFP H-2017-0167PAGE 24 Meridian City Council Meeting Agenda WWb8,2ZD1N148Pa&4"6S30%26', EXHIBIT A Building C Building C Whistle Stop — RZ, CUP, PFP H-2017-0167 PAGE 25 Meridian City Council Meeting Agenda AWb8,2ZD1N48Pa&46!2N386i26 EXHIBIT A LOT TABLE LOTS 611iLO1NC BUILLIINGTYPE SF DF LIU►NG 1#41 NUMBER Or BEDROOM$ 1 COMMON AREA 2 A 4PLEX 953 SF 2 3 A 4PLEX; 953 Sr 2 4 A 4PLEX '° 953 SF 2 5 A 4PLEX 953 SF 2 6 A 4PLEX: 953 SF 2 7 COMMON AREA. 8 B 4PLEX 1037 SF 2 9 B' 4PLEX 1037 SF 2 10 B 4PLEX 1037 SF 2 11 12 B A 4PLEX 4PLEX 1037 SF 953 SF 2 2 13 A 4PLEX 953 SF 2 14 COMMON AREA 15 C 8PLEX 631 SF' 1 16 B 4PLEX 1037 SF 2 17 A 4PLEX 953 SF 2 18 A 4PLEX`. 953 SF 2 19 A 4PLEX 953 SF' 2 Whistle Stop RZ, CLIP, PFP H-2017-0167 PAGE 26 Meridian City Council Meeting; Agenda AWbB,2ZQ1N48Pa&4612&11396126', EXHIBIT A B. Agency Comments/Conditions 1. PLANNING DivisioN 1.1 A Development Agreement (DA) is required as a provision of rezone of this property. Prior to the rezone ordinance approval, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of rezone ordinance adoption, and the developer. Currently, a fee of $303.00 shall be paid by the applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the Planning Division within six (6) months of the City Council granting the rezone. The DA shall, at minimum, incorporate the following provisions: a. Future development of this site shall substantially comply with the preliminary plat, final plat and site/landscape plan included in Exhibit A and the conditions contained herein. b. Future development shall comply with the design standards listed in UDC 11-3A-19 and the City of Meridian Architectural Standards Manual. 1.2 Site Specific Conditions of Approval — Preliminary/Final Plat 1.2.1 The final plat included in Exhibit A. 3, dated 12/12/17, shall be revised prior to signature on the plat by the City Engineer as follows: a. Graphically depict a permanent dedicated 25 -foot wide street buffer along W. Pine Avenue within Lot 1, Block 1 in accord with UDC I I -3B-7C.2b. c. Include a note stating, "The bottom elevation of structural footings shall be set a minimum of 12 -inches above the highest established normal ground water elevation." d. Include a note pertaining to the location of the floodplain on a portion of this property. e. Include a note on the plat that references the access easement on this site via W. Pine Avenue across Lot 1, Block I for Tramore subdivision (parcel #R8521560010). 1.2.2 Submit a public pedestrian easement for the multi -use pathways proposed on this site that meets the Park's Department's standards to the Planning Division for approval by City Council and subsequent recordation. 1.2.3 Prior to submittal for the City Engineer's signature, have the Certificate of Owners and the accompanying acknowledgement signed and notarized, as well as the signatures of the Ada County Highway District and the Central District Health Department. 1.2.4 A floodplain development permit application is required to be submitted for development within the floodplain. 1.3 General Conditions of Approval — Preliminary/Final Plat 1.3.1 Comply with all bulk, use, and development standards of the R-15 zoning district listed in UDC Chapter 2 District regulations. 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 Install lighting consistent with the provisions as set forth in UDC '11-3A-11,. 1.3.4 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11-3A- 15, I -3A- 15, UDC 11-313-6 and MCC 9-1-28. 1.3.5 Comply with the sidewalk standards as set forth in UDC 11-3A-17. Whistle Stop — RZ, CUP, PFP H-2017-0167 PAGE 27 Meridian City Council Meeting Agenda Mm&l!l,2ZQ1R)48Ra&4672&230%26 EXHIBIT A 1.3.6 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-313-51 1.3.7 Construct all off-street parking areas consistent with the standards as set forth in UDC 11-3B-51, 11-313-8C, and Chapter 3 Article C. 1.3.8 Construct the required landscape buffers consistent with the standards as set forth in UDC 11-313 7C 1 -3137C (streets). 1.3.9 Construct storm water integration facilities that meet the standards as set forth in UDC 11-3B 1 1-313I 1C. 1.3.10 Protect any existing trees on the subject property that are greater than four -inch caliper and/or mitigate for the loss of such trees as set forth in UDC 11-313-10. 1.3.11 Provide bicycle parking spaces as set forth in UDC 11 -3C -6G consistent with the design standards as set forth in UDC 11 -3C -5C; 1.3.12 Comply with the outdoor service and equipment area standards as set forth in UDC 11 -3A-12. 1.3.13 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle. 1.3.14 Low pressure sodium lighting shall be prohibited as an exterior lighting source on the site. 1.3.15 All fencing constructed on the site shall comply with the standards as set forth in UDC 11-3A-7' and 11-3A-613 as applicable. 1.3.16 100 Watt and 250 Watt, high-pressure sodium street lights shall be required on all public roadways per the City of Meridian Improvement Standards for Street Lighting. All street lights shall be installed at developer's expense. Final design shall be submitted as part of the development plan set for approval. Applicant shall also include the location of any existing street lights in the development plan set. Street lighting is required at intersections, comers, cul-de-sacs, and at a spacing that does not exceed that outlined in the Standards. The contractor's work and materials shall conform to the ISPWC and the, City of Meridian Supplemental Specifications to the ISPWC. 1.4 Ongoing Conditions of Approval 1.4.1 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. 1.4.2 The project is subject to all current City of Meridian ordinances and previous conditions of approval associated with this site. 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 applicant shall submit and obtain approval of a Certificate of Zoning Compliance and Design Review application for all future structures proposed on the site from the Planning Division, prior to submittal of any building permit applications. 1.5.3 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, 1.5.4 The applicant shall obtain the City Engineer's signature on a final plat within two years of the approval of this combined preliminary/final plat as set forth in UDC 11-613-7A, Whistle Stop — RZ, CUP, PFP H-2017-0167 PAGE 28 Meridian City Council Meeting Agenda Mm&l!l,2ZQ1H)48Pa&46&U306i26 EXHIBIT A 1.5.5 The applicant shall pay any applicable impact fees prior to the issuance of a building permit. 1.6 Site Specific Conditions — Conditional Use Permit 1.6.1 The applicant shall comply with the specific use standards listed in UDC 11-4-3-27, Multi -Family Development. 1.6.2 Comply with the structure and site design standards listed in UDC 11-3A-19 and the standards listed in the City of Meridian Architectural Standards Manual. 1.6.3 A property management office, a maintenance storage area, a central mailbox location with provisions for parcel mail that provides safe pedestrian and/or vehicular access and a directory map of the development at an entrance or convenient location for those entering the development is required to be provided as set forth in UDC 11 -4-3-27B.7; depict on the site plan submitted with the Certificate of Zoning Compliance application. 1.6.4 Submit a detail of the children's play equipment with the Certificate of Zoning Compliance application. 1.6.5 The development is required to record legally binding documents that state the maintenance and ownership responsibilities for the management of the development, including, but not lin fited to, structures, parking, common areas, and other development features. The entire complex shall be subject to the same maintenance agreement and shall be managed by the same property management company. A copy of the recorded agreement shall be submitted to the Planning,; Division prior to issuance of the first Certificate of Occupancy for the development. 1.6.7 The site/landscape plan included in Exhibit A.4, dated 12/13/17, shall be revised as follows: a. Depict landscaping within planter islands within the parking lot in accord with the standards listed in UDC 11 -3B -8C. b. Depict the proposed 10 -foot wide pathway along the south side of the creek if allowed by Nampa Meridian Irrigation District. 2. PUBLIC WORKS DEPARTMENT 2.1 Site Specific Conditions of Approval 2.1.1 Correct the orientation of the north arrow on the final plat mapping. 2.1.2 The Whistle Stop Subdivision will need a floodplain development permit application submitted. The PDF titled "floodplain data" depicts the Ninemile Creek preliminary maps published by FEMA as part of an Ada County update, These maps are set to be effective sometime in 2019 due to appeals. The other document depicts the current effective floodplain maps. The current effective map have Ninmile Creek in this section as an undefined "A" zone and we would require a detailed study of this reach. FEMA has already done this for you with the preliminary map revisions, so we will accept this study as "best available data". However we do not have any information on the bridge and it appears it was constructed without a floodplain permit. We have a "no rise" and drawings for the Rockcreek bridge east adjacent to this development but nothing for Tramore bridge/culvert section. With the permit application you will need to submit details of the bridge and a "no rise" certification. Your engineer can use the FEMA study as the basis for this determination. 2.2 General Conditions of Approval Whistle Stop — RZ, CUP, PFP H-2017-0167 PAGE 29 Meridian City Council Meeting Agenda Mm&l3,2MQ1H)48Pa&46Td430&26 EXHIBIT A 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 development plan approval. 2.2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). 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. Whistle Stop — RZ, CUP, PFP H-2017-0167 PAGE 30 Meridian City Council Meeting Agenda Ma 6bl!l,2MQ1H)48Pa&46(26530%26 EXHIBIT A 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 11-12-3H'. 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 design 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 shalt 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 A street light plan will need to be included in the civil construction plans. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id-272. 2.2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 2.2.23 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-221. 3. FIRE DEPARTMENT Whistle Stop — RZ, CUP, PFP H-2017-0167 PAGE 31 Meridian City Council Meeting Agenda Ma6tb,2MQ1H)4-8Pa&46'2W39&26 EXHIBIT A 3.1 Any newly installed Fire Department connections for sprinkler or standpipes will require locking Fire Department plugs. 3.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department in accordance with International Fire Code Section (IFC) 508.5.4 as follows: a. Fire hydrants shall have a Storz LDH connection in place of the the 4 V2" outlet. The Storz connection maybe integrated into the hydrant or an approved adapter may be used on the 4 1/2" outlet. b. Fire hydrants shall have the Storz outlet face the main street or parking lot drive aisle. c. Fire hydrants shall be placed on comers when spacing pennits. d. Fire hydrants shall not have any vertical obstructions to outlets within 10'. e. Fire hydrants shall be placed 18" above finished grade to the center of the Storz outlet. f. Fire hydrants shall be provided to meet the requirements of the Meridian Water Dept. Standards. g. Show all proposed or existing hydrants for all now construction or additions to existing buildings within 1,000 feet of the project. 3.3 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. 3.4 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. 3.5 Provide signage ("No Parking Fire Lane") for all fire lanes in accordance with International Fire Code Sections 503.3 & D 103.6. 3.6 Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set forth in International Fire Code Section 304.1.2. 3.7 Operational fire hydrants, temporary or permanent street signs, and access roads with an all-weather surface are required to be installed before combustible construction material is brought onto the site, as set forth in international Fire Code Section (IFC) 501.4. 3.8 Commercial and office occupancies will require a fire -flow consistent with International Fire Code Appendix B to service the proposed project. Fire hydrants shall be placed per Appendix C. 3.9 Maintain a separation of 5' from the building to the dumpster enclosure as set forth in International Fire Code Section 304.3.3. 3.10 Provide a Fire Department Key box entry system for the complex prior to occupancy as set forth in International Fire Code Section 506. 3.11 The first digit of the Apartment/Office Suite shall correspond to the floor level as set forth in International Fire Code Section 505.1 and Meridian Amendment 10-4-1. 3.12 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 and Meridian Amendment 104-4-1. 3.13 All portions of the buildings located on this project must be within 150' of a paved surface as measured around the perimeter of the building as set forth in International Fire Code Section 503.1.1. Whistle Stop — RZ, CUP, PFP H-2017-0167 PAGE 32 Meridian City Council Meeting Agenda Mm&l!l,2ZQ1R)48Ra&462&V39%26 EXHIBIT A 3.14 All R-2 occupancies with 3 or more units shall be required to be fire sprinkled as set forth in International Fire Code Section 903.2.8. 3.15 There shall be a fire hydrant within 100' of all fire department connections as set forth in local amendment to the International Fire Code 10-4-1. 3.16 The Fire Department will require Fire Department locking Connection caps on all FDC inlets. IFC 102.9. 3.17 Buildings, over 30' in height are required to have access roads in accordance with the International Fire Code Appendix D Section D105. 3.18 Emergency response routes and fire lanes shall not be allowed to have traffic calming devices installed without prior approval of the Fire Code Official. National Fire Protection IFC 503.4.1. 3.19 As set forth in International Fire Code Section 504.1, multi -family and commercial projects shall be required to provide an additional sixty inches (60') wide access point to the building from the fire lane to allow for the movement of manual fire suppression equipment and gurney operations. The unobstructed breaks in the parking stalls shall be provided so that building access is provided in such a manner that the most remote part of a building can be reached with a length of 150' fire hose as measured around the perimeter of the building from the fire lane. Code compliant handicap parking stalls may be included to assist meeting this requirement. Contact the Meridian Fire Department for details. 4. POLICE DEPARTMENT 4.1 The Police Department has no comment on this application. 5. REPUBLIC SERVICES 5.1 No comments were received from Republic Services on this application. 6. PARKS DEPARTMENT 6.1 Geastmet a 10' multi muse pathway to pr-oN4de pedestr4an eenneetion frem pfoposed sidewalk westem pafking lot edge nofth to W. Pine A -venue, wes4 of existing aeoess foad. Provide fe and landseaping eensistent with the standards as se4 foAh in UDG 11 3A 7A7 and 11 3B 12G fespeefively. Pathway may taper- to mateh sidewa4k width where it meets par-king4e:6 6.2 The applicant shall design and construct the multi use pathway(s) consistent with the location and specifications (Chapter 3) set forth in the Meridian Pathways Master Plan unless otherwise approved by the Parks and Recreation Director. 6.3 Prior to City Engineer signature on the final plat, the applicant shall depict public access easements for future multi -use pathways on the final plat: one abutting and running parallel to the railroad right-of-way at the south property line, and one abutting the north property line, north of the Nine Mile Drain and continuing across access road to west property line. 6.4 Prior to Certificate of Occupancy, the applicant shall record public access easements for constructed and future multi -use pathways as noted above, and submit copies of said easements to the Planning Division. 6.5 The applicant shall have an ongoing obligation to maintain all pathways. 6.6 Prior to City Engineer signature on the final plat, applicant shall submit materials testing reports documenting that construction of multi -use pathway complies with the City's pathway design Whistle Stop — RZ, CUP, PFP H-2017-0167 PAGE 33 Meridian City Council Meeting Agenda Mm&l!l,2ZQ1H)48Pa&46T&830%26 a standards. 7. ADA COUNTY HIGHWAY DISTRICT This is a staff level approval of a preliminary plat for Whistle Stop. On November 6, 2001 the Ada County Highway District reviewed and approved this site as part of MPFP01-0006 Tramore Subdivision. The District had site specific requirements related to that application and the creation of the private street that this Subdivision will be using as the primary access. The applicant will be required to pay all applicable platting and review fees prior to final approval. Whistle Stop — RZ, CUP, PFP H-2017-0167 PAGE 34 Meridian City Council Meeting Agenda MadbB,2ZQ1N48Pa&4"&9396126 EXHIBIT A C. Legal Description & Exhibit Map Z=:== thence alongi the exterior boundary line of said Lot 2 the following courses and distarmak, thence South 61'09'37' East, 203.71 feet; thence South 85*26*20" r-ast, 26-61 feet; tbence South 85'OV46" East, 60,16 ieet, thence South 01�*32'1 T West 47�1.56 feet, thence North 88'31'52" West, 436.130 feet, Whistle Stop - RZ, CUP, PFP H-2017-0167 PAGE 35 Meridian City Council Meeting Agenda Ma&8,2ZQ1N48Pa&46TB030%26 EXHIBIT A 3 O'd D'u UZ r— Its C1 /4 1`i 12608'�se� 18113 CURVE TABLE CURVE RADIUS LENGTH CHORD DIST. I CHORD BRG. I DeLTA el 313 bo 12-1.12 - UNION PACIPIC Whistle Stop — RZ, CUP, PFP H-2017-0167 PAGE 36 Meridian City Council Meeting Agenda Ma&8,2Z0Z)48P1a&46(2b1 306126 I C, 60 1,B6 MM 0 30 TRAMORE SUBMVISION ALL 1$° 600 > S85*06*5"E v,' v SW26'�D"E ZI 0 WHISTLE STOP SUBDIVISION x 5.73 acres UNION PACIPIC Whistle Stop — RZ, CUP, PFP H-2017-0167 PAGE 36 Meridian City Council Meeting Agenda Ma&8,2Z0Z)48P1a&46(2b1 306126 EXHIBIT A Exhibit D: Required Findings from Unified Development Code 1. REZONE: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; The Applicant proposes to rezone the subject property from the L-0 to the R-15 zoning district in order to develop the site with multi -family dwellings at a gross density of 11.92 units per acre, consistent with the requested step down in density from HDR to MHDR. The City Council finds the proposed map amendment complies with the applicable provisions of the Comprehensive Plan (See section VII above for more information) b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council finds that the proposed map amendment from the L-0 to the R-15 zoning district is consistent with the purpose statement for the residential districts as detailed in Section V111 above. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The City Council finds that the proposed map amendment will not be detrimental to the public health, safety, or welfare. City utilities will be extended at the expense of the developer. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The City Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The annexation is in the best of interest of the City (UDC 11-513-3.fl. This finding is not applicable as the application request is for a rezone, not annexation. 2. PRELIMINARY PLAT: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make, the following findings: a. The plat is in conformance with the Comprehensive Plan; The City Council finds that the proposed plat is in substantial compliance with the adopted Comprehensive Plan in regard to land use, transportation, and circulation if a step down in density is approved as requested. Please see Comprehensive Plan Policies and Goals, Section VII, of the Staff Reportfor more information. b. Public services are available or can be made available and are adequate to accommodate the proposed development; The City Council finds that public services will be provided to the subject property upon Whistle Stop — RZ, CUP, PFP H-2017-0167 PAGE 37 Meridian City Council Meeting Agenda Mm&l!l,2ZQ1H)48Pa&467222306i26 EXHIBIT A development. (See Exhibit B of the StaffReport for more details from public service providers) c. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because City water and sewer and any other utilities will be provided by the developer at their own cost, the City Council finds that the subdivision will not require the expenditure of capital improvement funds. d. There is public financial capability of supporting services for the proposed development; Based on comments received from the public service providers (i.e., Police, Fire, ACHD, etc.), the City Council finds there is public financial capability of supporting services for the proposed development. (See Exhibit B for more detail.) e. The development will not be detrimental to the public health, safety or general welfare; and The City Council finds the proposed development will not be detrimental to the public health, safety or general welfare. ACHD considers road safety issues in their analysis. f. The development preserves significant natural, scenic or historic features. The City Council is unaware of any significant natural, scenic or historic features that exist on this site. 3. CONDITIONAL USE PERMIT FINDINGS: The Commission and Council shall review the particular facts and circumstances of each proposed conditional use in terms of the following, and may approve a conditional use permit if they shall rind evidence presented at the hearing(s) is adequate to establish: a. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. The City Council finds that if the site is designed according to the conditions of approval in Exhibit B, the site will be large enough to accommodate the proposed use and meet the dimensional and development regulations of the R-15 zoning district and multi -family development specific use standards. b. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. The City Council finds the proposed multi -family development with a step down in density from HDR to MHDR, meets the objectives of the Comprehensive Plan. c. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. The City Council finds that the proposed multi -family development is compatible with other uses in the general area and will not adversely change the character of the area. Whistle Stop — RZ, CUP, PFP H-2017-0167 PAGE 21 Meridian City Council Meeting Agenda Mm&l!l,2ZQ1R)48Ra&46&2830%26 EXHIBIT A d. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. The City Council finds that the proposed development should not adversely affect other property in the vicinity if the applicant complies with all conditions of approval listed in Exhibit B of this staff report and constructs all improvements and operates the use in accordance with the UDC standards. e. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, and sewer. The City Council finds that sanitary sewer, domestic water and irrigation can be made available to the subject property. Please refer to comments prepared by the Public Works Department, Fire Department and other agencies. f. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. The City Council finds that the applicant will pay to extend the sanitary sewer and water mains into the site. No additional capital facility costs are expected from the City, The applicant and/or future property owners will be required to pay highway impact fees. g. That the proposed use will not involve activities or 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. The City Council finds that the proposed development will not involve uses that will create nuisances that would be detrimental to the general welfare of the surrounding area. The City Council recognizes the fact that traffic and noise will increase with the approval of this development; however, the City Council does not believe that the amount generated will be detrimental to the general welfare of the public. h. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. The City Council finds that the proposed development will not result in the destruction, loss or damage of any natural feature(s) of maj or importance. Whistle Stop — RZ, CUP, PFP H-2017-0167 PAGE 22 Meridian City Council Meeting Agenda Mm&B,2ZQ1R)48Ra&462B430%26