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Fairbourne Development Agreement H-2018-0052 RZ, PP, MDAADA COUNTY RECORDER Christopher D. Rich 2018-098361 BOISE IDAHO Pgs=44 BONNIE OBERBILLIG 10/17/2018 11:08 AM CITY OF MERIDIAN, IDAHO NO FEE PARTIES: 1. City of Meridian 2. HBU Investments and MDC, LLC, Owners 3. Fairbourne Development, LLC, Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this day of Ober 2018, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called CITY whose address is 33 E. Broadway Avenue, Meridian, Idaho 83642 and HBU Investments, whose address is 2701 E. Pine Avenue, Meridian, ID 83642 and MDC, LLC, whose address is 4740 W. Chinden Blvd, Meridian, Idaho 83642, hereinafter called OWNERS and Fairbourne Development, LLC whose address is 2701 E. Pine Avenue, Meridian, ID 83 642 hereinafter called DEVELOPER. 1. RECITALS: 1.1 REAS, Owners are the sole owners, in law and/or equity, of certain tract of land in the County ofAda, State of Idaho, described in Exhibit "A", which is attached hereto and by this reference incorporated heroin as if set forth in full, heroin 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 Owners and/or Developer make a written commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section 11-513-3 of the Unified Development Code ("UDC"), which authorizes development agreements upon the annexation and/or re -zoning of land; and 1.4 WHEREAS, Owners and/or Developer have submitted an application for the re -zoning of 669.35 acres of land with both R-8 (Medium Density Residential) and C -C (Community Business) zoning districts, under the Unified Development Code, which generally describes how the Property will be developed and what improvements will be made; and 1.5 WHEREAS, Owners and/or Developer made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the Property will be developed and what improvements will be made; and DEvF-LopmENTAGREEMENT —FAIRBOURNESuBDivisioN(H-2018-0052) PAGE I OF 9 Meridian City Council Meeting Agenda October 16, 2018 – Page 191 of 419 Meridian City Council Meeting Agenda October 16, 2018 – Page 192 of 419 Meridian City Council Meeting Agenda October 16, 2018 – Page 193 of 419 Meridian City Council Meeting Agenda October 16, 2018 – Page 194 of 419 Meridian City Council Meeting Agenda October 16, 2018 – Page 195 of 419 Meridian City Council Meeting Agenda October 16, 2018 – Page 196 of 419 ACYICNOWLEDGME, SITS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNERS: HBU Investments By: DEVELOPER: Fairbourne Development, LLC By: C• c ��� CITY OF MERIDIAN By: de Weerd STATE OF IDAHO . ss: County of Ada, ) MDC, LLC By: ATTES E� usrl y Cole 1 My Clerk o U t LV o'H O w J J of On this t��day of fir' �J��'i , 2018, before me, the undersigned, a Notary Public in and for said State, personally appeared C2a iAr ;�},nsun known or identified tome to be the YY1-'zmb-r of the HBU Investments and the person who signed below, and acknowledged to me that he executed the same on behalf of said Company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) JAYME DANNER NOTARY PUBLIC - STATE OF IDAHO COMMISSION NUMBER 58229 MY COMMISSION EXPIRES 7.26.2023 l Notry P is f r Idaho Res ding at: Q i /1 `✓�. My Commission Expi cs,��2� DEVELOPMENT AGREEMENT —FAIRBOURNESUBDIVISION (H-2018-0052) PAGE 8 OF 9 STATE OF IDAHO ss: County of Ada, ) On this --A day of V bbe , 2018, before me, the undersigned, a Notary Public in and for said State, personally appeared _ QfwA Cmknown or identified to me to be the Pre5'iAo � of the MDC, LLC and the person who signed below, and acknowledged to me that he executed the same on behalf of said Company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) BODIE R. JONES - Notary Public, State of Idaho Notary Public for Idaho Commission No. 46102 Residing at: �nr.1�j2 My Commission Expires Feb. 7 2020 My Commission Expires: /-7 ZU2.0 STATE OF IDAHO ) ss: County of Ada, ) On this day of D , 2018, before me, the undersigned, a Notary Public in and for said State, personally appeared 2 YO MIIP(�66A'V)4 , known or identified to me to be the M e ynb�--r- of Fairbourne Development, LLC, and acknowledged to me that he executed the same on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ( JAYME DANNER NOTARY PUBLIC • STATE OF IDAHO COMMISSION NUMBER 58229 MY COMMISSION EXPIRES 7.26.2023 .,tyJ STATE OF IDAHO ss a GUAM No ary P blic f r Idaho Residing at; n rl My Commission Expir s: a�j County of Ada ) 11 On this 10-Y) day of CVb , 2018, before me, a Notary Public, personally appeared Tammy de Weerd and C.Jay Coles, know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. CHARLENE WAY kL)COMMISSION #67390 NOTARY PUBLIC STATE OF IDAHO MY COMMISSION EXPIRES 3/28/22 U-)" m Notary Public for Idaho Residing at: Commission expires: 3 DEVELOPMENT AGREEMENT—FAIRBOURNE SUBDIVISION (H-2018-0052) PAGE 9 OF 9 Meridian City Council Meeting Agenda October 16, 2018 – Page 199 of 419 Meridian City Council Meeting Agenda October 16, 2018 – Page 200 of 419 Meridian City Council Meeting Agenda October 16, 2018 – Page 201 of 419 Meridian City Council Meeting Agenda October 16, 2018 – Page 202 of 419 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-0052 - 1 - CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for rezone a portion of property from R-15 (9.71 acres), R-8 (39.71 acres), and C-C (19.48 acres) to R-8 (62.41 acres) and C-C (6.48 acres); A preliminary plat consisting of 176 single-family building lots, 1 commercial building lot and 26 common lots on 66.35 acres of land, and a development agreement modification to be removed from the existing development agreement and to be placed in a new, separate agreement., by Fairbourne Development, LLC. Case No(s). H-2018-0052 For the City Council Hearing Date of: August 21, 2018 (Findings on September 4, 2018) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of August 21, 2018, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of August 21, 2018, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of August 21, 2018, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of August 21, 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 § 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 Meridian City Council Meeting Agenda September 4, 2018 – Page 238 of 461 EXHIBIT B Meridian City Council Meeting Agenda October 16, 2018 – Page 203 of 419 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-0052 - 2 - Community Development Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of August 21, 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 rezone, preliminary plat and development agreement modification are hereby approved per the conditions of approval in the Staff Report for the hearing date of August 21, 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 11-6B-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two (2) years, may be considered for final approval without resubmission for preliminary plat approval (UDC 11-6B-7B). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A, the Director may authorize a single extension of time to obtain the City Engineer’s signature on the final plat not to exceed two (2) years. Additional time extensions up to two (2) years as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again (UDC 11- 6B-7C). Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the Meridian City Council Meeting Agenda September 4, 2018 – Page 239 of 461Meridian City Council Meeting Agenda October 16, 2018 – Page 204 of 419 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-0052 - 3 - property owner(s) and returned to the city within six (6) months of the city council granting the modification. A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six (6) month approval period. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of August 21, 2018 Meridian City Council Meeting Agenda September 4, 2018 – Page 240 of 461Meridian City Council Meeting Agenda October 16, 2018 – Page 205 of 419 By action of the City Council at its regular meeting held on the q40 day ofsepkm, 2018. COUNCIL PRESIDENT JOE BORTON VOTED 2 COUNCIL VICE PRESIDENT LUKE CAVENER VOTED /tel COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED COUNCIL MEMBER TY PALMER VOTED Vw( COUNCIL MEMBER TREG BERNT VOTED /O COUNCIL MEMBER GENESIS MILAM VOTED I MAYOR TAMMY de WEERD VOTED TIE BREAKER) Mayor Ta y e Weerd fjED Atie ST Attest: C IIVor E IDIAN- IDAHO C.7 Coles s SEAL City Jerk Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. By: CMAIIN Dated: b d 0 1 T City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-0052 - 4 - Meridian City Council Meeting Agenda October 16, 2018 – Page 206 of 419 Exhibit A Fairbourne Subdivision H-2018-0052 Page 1 of 27 STAFF REPORT Hearing Date: August 21, 2018 TO: Mayor & City Council FROM: Josh Beach, Associate Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: H-2018-0052 – Fairbourne Subdivision I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, Fairbourne Development, LLC, has submitted a request for the following: Request for rezone a portion of property from R-15 (9.71 acres), R-8 (39.71 acres), and C-C (19.48 acres) to R-8 (62.41 acres) and C-C (6.48 acres) A preliminary plat consisting of 176 single-family building lots, 1 commercial building lot and 26 common lots on 66.35 acres of land. A development agreement modification to be removed from the existing development agreement and to be placed in a new, separate agreement. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed applications with the conditions listed in Exhibit B, based on the Findings of Fact and Conclusions of Law in Exhibit D. The Meridian Planning & Zoning Commission heard these items on July 12, 2018. At the public hearing, the Commission moved to recommend approval of the subject Rezone, Preliminary Plat and Development Agreement Modification requests. a. Summary of Commission Public Hearing: i. In favor: Sam Johnson, (Applicant) ii. In opposition: None iii. Commenting: None iv. Written testimony: None v. Staff presenting application: Josh Beach vi. Other staff commenting on application: None b. Key issue(s) of Public Testimony: i. None c. Key Issues of Discussion by Commission: i. How does this development impact the black Cat improvements on the corner with the Costco development? ii. The common lot on the north boundary of the site seems to be hidden from view from the adjacent public streets. Are the Fire and Police departments ok with the design? iii. How will this and other large developments in the area impact traffic congestion on Black Cat Road, Tree Farm Way and Chinden Blvd? d. Commission Change(s) to Staff Recommendation: i. None e. Outstanding Issue(s) for City Council: Meridian City Council Meeting Agenda September 4, 2018 – Page 242 of 461Meridian City Council Meeting Agenda October 16, 2018 – Page 207 of 419 Exhibit A Fairbourne Subdivision H-2018-0052 Page 2 of 27 i. None The Meridian City Council heard these items on August 21. At the public hearing, the Council approved the subject Rezone, Preliminary Plat and Development Agreement Modification request. a. Summary of City Council Public Hearing: vii. In favor: Sam Johnson (Applicant), Denise LaFever viii. In opposition: None ix. Commenting: Denise LaFever x. Written testimony: None xi. Staff presenting application: Josh Beach xii. Other staff commenting on application: None b. Key issue(s) of Public Testimony: i. None c. Key Issues of Discussion by Council: i. Discussion on the requirements for a sound wall for residential property and not for commercial property when the properties abut a state highway. d. Key Council Changes to Staff/Commission Recommendation i. Modify condition 1.1.3d to read as follows “The applicant shall provide a berm, or berm/wall combination along the residential portion of the project, in accordance with UDC 11-3H-4D, along Chinden Boulevard. Prior to the Planning and Zoning Commission, the applicant shall revise the landscape plan to include a cross-section of the berm (or berm/wall combination) in relation to the centerline of SH 20/26 demonstrating compliance with the standards listed in UDC 11-3H-4D. This is only applicable adjacent to the residential frontage to Chinden Blvd. ii. Remove condition 1.1.1d III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2018- 0052 as presented in staff report for the hearing date of July 12, 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-2018-0052 as presented in staff report for the hearing date of July 12, 2018, for the following reasons: (You should state specific reason(s) for denial.) Continuance I move to continue File Number H-2018-0052 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 the NWC of W. Chinden Blvd and N. Black Cat Road, in the SE ¼ of Section 21, Township 4N., Range 1W. B. Owners: HBU Investments MDC, LLC 2701 E. Pine Ave 4740 W. Chinden Blvd Meridian City Council Meeting Agenda September 4, 2018 – Page 243 of 461Meridian City Council Meeting Agenda October 16, 2018 – Page 208 of 419 Exhibit A Fairbourne Subdivision H-2018-0052 Page 3 of 27 Meridian, ID 83642 Meridian, ID 83646 C. Applicant: Fairbourne Development, LLC 2701 E. Pine Ave. 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, preliminary plat and a development agreement modification. A public hearing is required before the Planning & Zoning Commission and City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: June 22, 2018 (Commission); August 3, 2018 (Council) C. Radius notices mailed to properties within 300 feet on: June 15, 2018 (Commission); July 26, 2018 (Council) D. Applicant posted notice on site(s) on: July 2, 2018 (Commission); July 26, 2018 (Council) VI. LAND USE A. Existing Land Use(s) and Zoning: The land is undeveloped and the recent use has been agricultural. The property does have structures on it that will be removed as part of the proposed development. B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: Phyllis Canal; Agricultural property, zoned RUT (Ada County) 2. East: Single-family residential property in the Tree Farm Subdivision, zoned R-4 and R-8 respectively, and a commercial nursery, zoned C-C and R-15 3. South: Chinden Blvd and Single-family residences/agricultural land, zoned RUT (Ada County). 4. West: Agricultural and residential, zoned R1 and RUT C. History of Previous Actions: In 2006, the subject property was annexed as the Tree Farm (AZ-06-004 and AZ-06-050) and was granted approval with R-15, R-8 and C-C zoning districts. A Development Agreement DA) (#106151218) was executed upon annexation of the property. Several addendums to the DA have also been recorded (#107025555 and #107141993). In 2007, a third addendum to the DA was approved and recorded (#107141993) that realigned the zoning district boundaries consistent with the approved preliminary plat. D. Utilities: 1. Public Works: Location of sewer: The sanitary sewer trunk intended to provide service to this development currently exists in N. Black Cat Road. Location of water: Domestic water service to this development will be provided by Suez Water Idaho, formerly United Water of Idaho. Issues or concerns: None Meridian City Council Meeting Agenda September 4, 2018 – Page 244 of 461Meridian City Council Meeting Agenda October 16, 2018 – Page 209 of 419 Exhibit A Fairbourne Subdivision H-2018-0052 Page 4 of 27 E. Physical Features: 1. Canals/Ditches Irrigation: There is some existing irrigation infrastructure that crosses the property near the southwest corner. 2. Hazards: Staff is not aware of any hazards that exist on the property. 3. Flood Plain: There are no designated flood plains on the subject property. 4. Topography: This site is generally flat, except along the rim. VII. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated “Medium Density Residential,” “Low Density Residential” and “Mixed Use Community” on the Comprehensive Plan Future Land Use Map. Medium density residential areas are anticipated to contain between three and eight dwellings per acre. Low density residential areas are anticipated to contain up to three dwellings per acre. The proposed preliminary plat includes 176 single-family lots and 1 commercial lot on 66.35 acres for a total gross density of 2.82 dwelling units/acre. The Meridian Comprehensive plan provides guidelines for residential development within mile of the rim. The Comprehensive Plan suggests that lot sizes in this area should range from one half to one acre in size. Even though the 2.82 dwelling units per acre is below the Comprehensive Plan designation for the Medium Density Residential” portion, it is important to note that when this property was annexed, a specific concept plan for this entire Tree Farm area was approved by the City Council. The proposed preliminary plat is generally consistent with that concept plan for this portion of the overall annexation area. Thus, staff is of the opinion that the application is compliant with the recommended density for this area as shown on the conceptual plan. The applicant is providing a mixture of lot sizes in order to provide greater housing diversity in the area. The southern 20 acres of the property is designated Mixed Use – Community (MU-C) on the Future Land Use Map (FLUM) contained in the Comprehensive Plan. Meridian City Council Meeting Agenda September 4, 2018 – Page 245 of 461Meridian City Council Meeting Agenda October 16, 2018 – Page 210 of 419 Exhibit A Fairbourne Subdivision H-2018-0052 Page 5 of 27 MU-C: The purpose of the MU-C designation is to allocate areas where community-serving uses and dwellings are seamlessly integrated into the urban fabric. The intent is to integrate a variety of uses, including residential, and to avoid mainly single-use and strip commercial type buildings. Goods and services in these areas tend to be of the variety that people will mainly travel by car to, but also walk or bike to (up to 3 or 4 miles). Employment opportunities for those living in and around the neighborhood are encouraged. Developments are encouraged to be designed according to the conceptual MU-C plan depicted as Figure 3-3 in the Comprehensive Plan below. Developments should have a mix of at least 3 land use types [i.e. commercial (includes retail, restaurants, etc.), office, residential, civic (includes public open space, parks, entertainment venues, etc.), and industrial]; residential uses should comprise a minimum of 20% of the development area at densities ranging from 6 to 15 units/acre; non-residential buildings should be proportional to and blend in with adjacent residential buildings; vertically integrated structures are encouraged; supportive and proportional public and/or quasi-public spaces and places including but not limited to parks, plazas, outdoor gathering areas, open space, libraries, and schools that comprise a minimum of 5% of the development area are required. The site plan should depict a transitional use and/or landscaped buffering between commercial and low- or medium-density residential development. A mixed-use project should include at least three types of land uses. Exceptions may be granted for smaller sites on a case-by-case basis. The proposed development consists of commercial and residential uses; because the site is fairly small, staff is not recommending a third land use type is provided. Further, because this property is part of a larger mixed-use area, additional land use types should be provided within the overall designation. Community-serving facilities such as hospitals, churches, schools, parks, daycares, civic buildings, or public safety facilities are expected in larger mixed-use developments. Because this is a smaller mixed-use development, staff does not recommend these types of facilities are required on this site. Supportive and proportional public and/or quasi-public spaces and places including but not limited to parks, plazas, outdoor gathering areas, open space, libraries, and schools are expected; outdoor seating areas at restaurants do not count. The applicant has not provided a concept plan, so staff is unaware of whether the applicant will provide these places. Meridian City Council Meeting Agenda September 4, 2018 – Page 246 of 461Meridian City Council Meeting Agenda October 16, 2018 – Page 211 of 419 Exhibit A Fairbourne Subdivision H-2018-0052 Page 6 of 27 All mixed-use projects should be directly accessible to neighborhoods within the section by both vehicles and pedestrians. The applicant is proposing a pedestrian pathway from the residential development to the east of the proposed C-C zoned parcel. Street sections consistent with the Ada County Highway District Master Street Map are required within the Unified Development Code. The applicant has coordinated extensively with ACHD on the roads and will comply with their requirements; this also includes compliance with the Master Street Map. Because of the existing small lots within Old Town, development is not subject to the Mixed-Use standards listed herein. The proposed development is not within Old Town. In reviewing development applications, the following items will be considered in MU-C areas: Development should comply with the general guidelines for development in all Mixed-Use areas. See above. All developments should have a mix of at least three land use types. The applicant is only proposing two types of land uses; staff is not recommending a third land use be provided due to the remaining MU-C designated area. Staff is confident that we will get a third land use type as the area develops to the east and west. Residential uses should comprise a minimum of 20% of the development area at densities ranging from 6 to 15 units/acre. Though this portion of the Mixed Use designation does not meet the minimum of 6 to 12 units/acre, the remaining mixed use area to the east and west will help to make up that difference. Non-residential buildings should be proportional to and blend in with adjacent residential buildings. Conceptual elevations were not submitted for the commercial buildings; elevations submitted in the future for commercial buildings should be consistent with this requirement. Vertically integrated structures are encouraged. Unless a structure contains a mix of both residential and office, or residential and commercial land uses, maximum building size should be limited to a 30,000 square-foot building footprint. For community grocery stores, the maximum building size should be limited to a 60,000-square foot building footprint. For the development of public school sites, the maximum building size does not apply. The maximum building footprint for the C-C zoned parcel shall be limited to 30,000 square feet. Supportive and proportional public and/or quasi-public spaces and places including but not limited to parks, plazas, outdoor gathering areas, open space, libraries, and schools that comprise a minimum of 5% of the development area are required. Outdoor seating areas at restaurants do not count towards this requirement. The applicant has not provided a concept plan, so staff is unaware of whether the applicant will provide these places. Where the development proposes public and quasi-public uses to support the development above the minimum 5%, the developer may be eligible for additional residential densities and/or an increase to the maximum building footprint. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis in italics below policy): Meridian City Council Meeting Agenda September 4, 2018 – Page 247 of 461Meridian City Council Meeting Agenda October 16, 2018 – Page 212 of 419 Exhibit A Fairbourne Subdivision H-2018-0052 Page 7 of 27 Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow.” (3.03.03C) The applicant is proposing to construct a portion of N. Black Cat Road with their development as well as two stub streets to the west in order to provide future connectivity. Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity as part of a community pathway system.” (3.03.03B) The applicant is proposing to construct 5-foot detached sidewalks along all of the proposed local streets in the subdivision. Black Cat Road, an arterial street, will have a 5-foot detached sidewalk along the west side as part of this project. Waverton Drive, a collector street, will have 5-foot detached sidewalks constructed on both sides. In addition, several micro-paths are proposed, to provide additional pedestrian connectivity to the surrounding area. The proposed sidewalks and pathways will enhance pedestrian connectivity in this area. Require common area for all subdivisions.” (3.07.02F) The applicant has provided 8.97 acres (14.4%) of open space which exceeds the ten percent requirement of open space set forth in the UDC. Reduce the number of existing access points onto arterial streets by using methods such as cross-access agreements, access management, and frontage / backage roads.” (3.03.02N) The applicant has worked with the adjacent property owners and they have entered into an agreement to dedicate the Right-of-way required to construct N. Black Cat Road. Protect and conserve existing waterways, groundwater, wetlands, wildlife habitat, air, soils, and other natural resources.” (5.01.01) Staff has concerns with the topography of the property as the future N. Black Cat Road crosses over the Phyllis Canal. The applicant will need to address this topography on their plat. This includes a requirement that a common lot be provided in the northwest corner of the plat adjacent to lots 46 and 47, Block 6. Review new development for appropriate opportunities to connect local roads and collectors to adjacent properties (stub streets).” (3.03.02O) The applicant will be required to provide two stub streets to the west for future connectivity. Additionally, Black Cat Road shall be extended over the Phyllis Canal in the future. Encourage and promote the preservation and expansion of Chinden Boulevard (US 20/26) by ITD (3.03.02L). The applicant should coordinate with ITD on the preservation of right of way (ROW) along the Chinden corridor. The total ROW needed for this segment of the corridor is 200 feet. Require landscape street buffers for new development along all entryway corridors. (2.01.02E) A 35-foot wide landscape buffer will be required along Chinden Boulevard, designated entryway corridors. These landscape buffers must be developed in accord with the standards listed in UDC 11-3B-7C Landscape Buffers along Streets. The applicant is proposing to install a 45-foot landscape buffer. Require all commercial and industrial businesses to install and maintain landscaping. 2.01.03B) The applicant is required to install landscaping meeting the requirements of UDC 11-3B and Meridian City Council Meeting Agenda September 4, 2018 – Page 248 of 461Meridian City Council Meeting Agenda October 16, 2018 – Page 213 of 419 Exhibit A Fairbourne Subdivision H-2018-0052 Page 8 of 27 must maintain the landscaping. Ensure development provides safe routes and access to schools, parks and other community gathering places.” (3.07.02N) A 10-foot wide detached multi-use pathway is required to be constructed along the frontage of the site on Chinden Boulevard and the applicant is proposing to construct internal walkways which will provide safe routes to community gathering places. After considering all of these factors staff believes that the proposed development is generally consistent with comprehensive plan. Based on the above analysis, staff finds that the proposed development is generally consistent with the comprehensive plan. VIII. UNIFIED DEVELOPMENT CODE (UDC) A. Purpose Statement of the Residential Districts (R-8): 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 allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. B. Purpose Statement of the Commercial Districts (C-C): The purpose of the C-C district is to provide for the retail and service needs of the community in accordance with the Meridian Comprehensive Plan. C. Schedule of Use Control: Unified Development Code (UDC) 11-2A-2 lists single family detached housing as principally permitted uses in the R-8 zoning districts. UDC 11-2B-2 lists a variety of commercial uses as either permitted or conditionally approved depending on the specific use. C. Dimensional Standards: Development of the site shall comply with the dimensional standards listed in UDC 11-2A-6 for the R-8 zoning district. D. Landscaping: A 20-foot wide buffer is required to be constructed along N. Black Cat Road and W. Waverton Drive AND a 35 foot landscape buffer is required to be constructed along W. Chinden Blvd in accord with the street buffer landscaping standards listed in UDC 11-3B-7C. E. Common Open Space & Site Amenity Requirements: Common open space and site amenities are required to be provided on the site in accord with the requirements listed in UDC 11-3G-3 F. Subdivision Design and Improvement Standards: The subdivision must comply with the subdivision design standards outlined in UDC 11-6C-3. G. Off-Street Parking: Off-street parking is required in accord with UDC Table 11-3C-6 and 11-3C- 6B. H. Structure and Site Design Standards: Development of the commercial portion of the site must comply with the design standards listed in UDC 11-3A-19 and the guidelines listed in the Architectural Standards Manual (ASM). IX. ANALYSIS 1. Analysis of Facts Leading to Staff Recommendation: Rezone (RZ): The subject property is governed by a development agreement (DA) recorded as instrument #106151218. As mentioned earlier, the proposed rezone is generally consistent with the concept plan that was approved with The Tree Farm Annexation, and is generally consistent Meridian City Council Meeting Agenda September 4, 2018 – Page 249 of 461Meridian City Council Meeting Agenda October 16, 2018 – Page 214 of 419 Exhibit A Fairbourne Subdivision H-2018-0052 Page 9 of 27 with the City’s Comprehensive Plan. The applicant is requesting to eliminate the R-15 zoned area, and to reduce the C-C zoning designation. The purpose of the rezone is to reduce the amount of commercial property and to increase the amount of residential property in the area. The applicant shall provide a concept plan for how the commercial property is going to develop or some design principles that they are proposing. The MU-C designation requires certain design criteria. For example some design principles include limited access, parking to the side and rear of the structures, and open space or plazas. Development Agreement (DA): As part of this application, staff is requiring that the applicant enter into a new development agreement for the property subject to the requirements specified in Exhibit B of the staff report. Preliminary Plat: The proposed plat consists of one hundred seventy-six (176) single family building lots, one (1) commercial lot and twenty-six (26) common lots on 66.35 acres of land. The R-8 and C-C zoning districts are appropriate for the proposed development. The gross density for the subdivision is 2.82 d.u./acre. The R-8 portion of the project is 62.41 acres of land. This portion consists of 176 single-family residential lots. The approximate gross density for the R-8 portion of the project is 2.82 dwelling units per acre, which is slightly under the target density of the MDR land use designation. The C- C portion of the project consists of one commercial lot and is approximately 4.8 acres in size. The applicant proposes to develop the property in four phases. Dimensional Standards: Development of this site is required to comply with the dimensional standards listed in UDC 11-2A-6 for the R-8 district and Table 11-2B-3 for the C-C district. Staff has reviewed the proposed plat and found it to be in compliance with the R-8 and C-C dimensional standards. Block Length: The plat is required to comply with the block length standards listed in UDC 11- 6C-3F. Staff has reviewed the proposed plat and found it to be in compliance with the aforementioned standards. Common Drives: There are four common driveways proposed. The applicant is proposing Lots 19-21, 33-35, and 43-45 of Block 7, and 15-16 of Block 1 take access from common driveways. Per UDC-11-6C-3D, common driveways shall serve a maximum of (6) dwelling unit. For any plats using a common driveway, the setbacks, building envelope, and orientation of the lots and structures shall be shown on the preliminary plat and/or as an exhibit with the final plat application. The applicant shall provide the required exhibits with the submittal of a final plat application. One of the common driveways (Lot 18, Block 7) will be used as an emergency access and will have bollards to limit vehicular access to emergency personnel and will have no parking signs. State Highways: Chinden Boulevard is a state highway. UDC 11-3H-4B prohibits access to state highways at locations other than at section line roads, or at the ½ mile between sections. A note should be placed on the face of the plat prohibiting direct lot access to Chinden Boulevard. The applicant should be required to construct noise abatement in compliance with UDC 11-3H-4D and ITD’s design requirements adjacent to the residential uses. The applicant should dedicate right-of-way, in accordance with ITD’s requirements, to allow for future highway expansion (100-feet from centerline proposed). The applicant should construct a 10-foot wide pathway along Chinden Boulevard (see UDC 11-3H-4C3). Meridian City Council Meeting Agenda September 4, 2018 – Page 250 of 461Meridian City Council Meeting Agenda October 16, 2018 – Page 215 of 419 Exhibit A Fairbourne Subdivision H-2018-0052 Page 10 of 27 Access: Access to this development will be provided from N. Black Cat Road. The applicant has discussed the extension of N. Black Cat Road and N. Tree Farm Way with the adjacent property owner and with representatives of ACHD. This road should be constructed with the first phase of development. The access to the commercial parcel shall be off of Waverton Drive. Direct access to Black Cat shall not be permitted with this development. Black Cat Road from Chinden to Highland Falls Drive shall be constructed with the first phase of development. Sidewalks: Sidewalks are required along all public streets as set forth in UDC 11-3A-17. Landscaping, Open Space and Amenities: The applicant is proposing 8.97 acres (14.4%) of open space for the development. The applicant is also proposing to include a clubhouse, pool, children’s play structure and a pedestrian walking path as amenities for the subdivision. Based on the acreage of the plat, the applicant has met the requirements of UDC 11-3G in regards to the number of amenities required for the subdivision. Landscape Buffer along Chinden Boulevard: Chinden Boulevard, adjacent to the property, is classified as an Entryway Corridor on the Future Land Use Map, and requires a 35-foot landscape buffer per UDC 11-2A-5. The applicant has proposed to construct a 35-foot wide landscape buffer along Chinden Boulevard, located outside of the future 200 foot right-of-way for the highway. There is approximately 55 additional feet that shall be improved with grass, until ITD purchases it for the widening of Chinden Boulevard. This proposal meets the 35 foot minimum landscape buffer requirement and accommodates the 55 feet of additional area needed by ITD for future roadway expansion. The applicant shall landscape this approximately 55 foot are with the exception of an allowable 10 feet that can be improved with gravel. The Meridian Police and Fire Departments have concerns about the open space being proposed for Lot 28, Block 3. This area will have limited visibility due to the fact that there is no current proposal for a public road north of Highland Falls Drive. Prior to the Planning and Zoning Commission, the applicant shall provide a plan for the proposed development to offer natural surveillance of the area. The applicant shall extend the roadway with a turnaround that fire approves or include this are in the adjacent lots. If the area isn’t included in a common lot, the applicant will need to provide revised open space calculation in order to ensure compliance with the requirement of 10% open space for the development. Existing Trees: The applicant is responsible to mitigate all existing healthy trees 4-inch caliper or greater that are removed from the site with equal replacement of the total calipers lost on site up to an amount of 100% replacement in accord with UDC 11-3B-10. The applicant will need to contact the City Arborist if any trees are to be removed. Fencing: The developer is responsible for constructing fences abutting pathways and common open space lots to distinguish common from private areas; fencing details should be included with the final plat application in accord with the standards listed in UDC 11-3A-7A.7. Any future fencing proposed for the development must comply with the fencing regulations set forth in UDC 11-3A-7. Pressurized Irrigation (PI): The City of Meridian requires that pressurized irrigation (PI) systems be supplied by a year-round source of water. The applicant shall be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. An underground, pressurized irrigation system is required to be installed in accordance with UDC 11- 3A-15. Meridian City Council Meeting Agenda September 4, 2018 – Page 251 of 461Meridian City Council Meeting Agenda October 16, 2018 – Page 216 of 419 Exhibit A Fairbourne Subdivision H-2018-0052 Page 11 of 27 Building Elevations: The submitted elevations depict a mix of building materials, decorative window and door trim, decorative corbels, covered entries, and stone wainscot consistent with the surrounding developments. Staff is of the opinion the future single-family homes will complement the existing homes in the area and demonstrate high quality materials (see Exhibit A.4). The rear and/or side of structures that face N. Black Cat Road and W. Chinden Blvd shall incorporate articulation through changes in two or more of the following: modulation (e.g. – projections, recesses, step-backs, pop-outs), bays, banding, porches, balconies, material types or other integrated architectural elements to break up monotonous wall planes and roof lines that are visible from the subject public street. Single-story structures are exempt from this requirement. Multi-Use Pathway: A multi-use pathway is required to be constructed on this site along Chinden Boulevard (SH 20/26) within a public use easement in accord with UDC 11-3H-4C.4. Certificate of Zoning Compliance (CZC) and Design Review (DES): A CZC application is required to be submitted prior to issuance of building permits. The applicant is required to obtain approval of a design review application for any commercial structures, including the clubhouse. This application may be submitted concurrently with the CZC application. The applicant must comply with the design standards listed in UDC 11-3A-19 and the guidelines contained in the Architectural Standards Manual. In summary staff finds the proposed project complies with the future land use map, applicable policies of the Comprehensive plan and is conditioned to comply with the applicable development standards in the UDC. Based on the aforementioned analysis, staff recommends approval of the subject application. X. EXHIBITS A. Drawings/Other 1. Vicinity Map 2. Proposed Preliminary Plat (dated: 5/4/2018) 3. Proposed Landscape Plan (dated: 5/2/2018) 4. Conceptual Building Elevations (Commercial and Residential) 5. Conceptual commercial site plans B. Agency & Department Comments/Conditions C. Rezone Legal Description and Exhibit Map D. Required Findings from Unified Development Code Meridian City Council Meeting Agenda September 4, 2018 – Page 252 of 461Meridian City Council Meeting Agenda October 16, 2018 – Page 217 of 419 Exhibit A Fairbourne Subdivision H-2018-0052 Page 9 of 27 A. Drawings 1. Vicinity Map Meridian City Council Meeting Agenda September 4, 2018 – Page 253 of 461Meridian City Council Meeting Agenda October 16, 2018 – Page 218 of 419 Exhibit A Fairbourne Subdivision H-2018-0052 Page 10 of 27 2. Proposed Preliminary Plat (dated: 5/4/2018) Meridian City Council Meeting Agenda September 4, 2018 – Page 254 of 461Meridian City Council Meeting Agenda October 16, 2018 – Page 219 of 419 Exhibit A Fairbourne Subdivision H-2018-0052 Page 11 of 27 3. Proposed Landscape Plan (dated: 5/2/2018) Meridian City Council Meeting Agenda September 4, 2018 – Page 255 of 461Meridian City Council Meeting Agenda October 16, 2018 – Page 220 of 419 Exhibit A Fairbourne Subdivision H-2018-0052 Page 13 of 27 4. Conceptual Building Elevations (Commercial and Residiential) Meridian City Council Meeting Agenda September 4, 2018 – Page 256 of 461Meridian City Council Meeting Agenda October 16, 2018 – Page 221 of 419 Exhibit A Fairbourne Subdivision H-2018-0052 Page 14 of 27 Meridian City Council Meeting Agenda September 4, 2018 – Page 257 of 461Meridian City Council Meeting Agenda October 16, 2018 – Page 222 of 419 Exhibit A Fairbourne Subdivision H-2018-0052 Page 15 of 27 Meridian City Council Meeting Agenda September 4, 2018 – Page 258 of 461Meridian City Council Meeting Agenda October 16, 2018 – Page 223 of 419 Exhibit A Fairbourne Subdivision H-2018-0052 Page 16 of 27 5. Conceptual commercial site plans Meridian City Council Meeting Agenda September 4, 2018 – Page 259 of 461Meridian City Council Meeting Agenda October 16, 2018 – Page 224 of 419 Exhibit A Fairbourne Subdivision H-2018-0052 Page 17 of 27 B. EXHIBIT B - AGENCY & DEPARTMENT COMMENTS/CONDITIONS 1. PLANNING DIVISION 1.1 Site Specific Conditions of Approval 1.1.1 A Development Agreement (DA) is required as a provision of annexation of this property. Prior to the annexation ordinance approval and the acceptance of a final plat application, a DA shall be entered into between the City of Meridian, the property owner(s ) at the time of annexation ordinance adoption, and the developer. 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 City within six months of the City Council granting annexation. The DA shall, at minimum, incorporate the following provisions: a. Future development of this site shall be consistent with the preliminary plat, landscape plan and building elevations attached in Exhibit A and the revisions noted in the staff report. b. The applicant shall comply with the submitted home elevations attached in Exhibit A.4. The rear and/or side of structures that face N. Black Cat Road and W. Chinden Blvd shall incorporate articulation through changes in two or more of the following: modulation (e.g. – projections, recesses, step-backs, pop-outs), bays, banding, porches, balconies, material types or other integrated architectural elements to break up monotonous wall planes and roof lines that are visible from the subject public street. Single-story structures are exempt from this requirement. c. Black Cat Road from Chinden to Highland Falls Drive shall be constructed with the first phase of development. d. The access to the commercial parcel shall be from Waverton Drive. Direct access to Black Cat shall not be permitted with this development. e. The maximum building footprint for the C-C zoned parcel shall be limited to 30,000 square feet. f. The clubhouse and pool shall be constructed with the first phase of development. g. The applicant shall dedicate/preserve the ROW for the future widening of Chinden Blvd. h. A note should be placed on the face of the plat prohibiting direct lot access to Chinden Boulevard. i. The applicant should construct a 10-foot wide pathway along Chinden Boulevard (see UDC 11- 3H-4C3). 1.1.2 The preliminary plat, dated 5/4/2018, is approved with the following changes: a. Bollards and no parking signs shall be installed on common driveway Lot 18, Block 7 which will serve as an emergency access. 1.1.3 The landscape plan included in Exhibit A.3, dated 5/2/2018, is approved with the following changes: a. Fencing adjacent to all pathways and common open space shall meet the requirements of UDC 11-3A-7. b. Prior to the Planning and Zoning Commission, the applicant shall provide a plan for the proposed development to offer natural surveillance of the area. The applicant shall extend the roadway with a turnaround that fire approves or include this area in the adjacent lots. Meridian City Council Meeting Agenda September 4, 2018 – Page 260 of 461Meridian City Council Meeting Agenda October 16, 2018 – Page 225 of 419 Exhibit A Fairbourne Subdivision H-2018-0052 Page 18 of 27 c. The applicant has proposed to construct a 35-foot wide landscape buffer along Chinden Boulevard, located outside of the future 200 foot right-of-way for the highway. There is approximately 55 additional feet that shall be improved with grass, until ITD purchases it for the widening of Chinden Boulevard. This proposal meets the 35 foot minimum landscape buffer requirement and accommodates the 55 feet of additional area needed by ITD for future roadway expansion. The applicant shall landscape this approximately 55 foot area with the exception of an allowable 10 feet that can be improved with gravel. d. The applicant shall provide a berm, or berm/wall combination along the residential portion of the project, Provide a 6-foot tall solid fence and noise abatement, in accordance with UDC 11-3H-4D, along Chinden Boulevard. Prior to the Planning and Zoning Commission, the applicant shall revise the landscape plan to include a cross-section of the berm (or berm/wall combination) in relation to the centerline of SH 20/26 demonstrating compliance with the standards listed in UDC 11-3H-4D. This is only applicable adjacent to the residential frontage to Chinden Blvd. e. A multi-use pathway is required to be constructed on this site along Chinden Boulevard (SH 20/26) within a public use easement in accord with UDC 11-3H-4C.4. 1.1.4 If the area along the Phyllis Canal is combined with the buildable lots, the applicant shall provide revise open space calculation in order to ensure that the 10% open space requirement is met. An exhibit depicting the setbacks, building envelope and orientation of lots and structures shall be submitted with the final plat application. Include note on the final plat that addresses access across the lots and the responsible party for maintenance of the common driveways. 1.1.5 Prior to the Planning and Zoning Commission the applicant shall provide a concept plan for the commercial parcel. On the concept plan the applicant shall incorporate the design concepts that we find to be appropriate on the parcel. 1.1.6 Comply with all of ACHD conditions of approval. 1.1.7 CZC and DES must be submitted for review approval prior to applying for any building permits for Lot 2, Block 7 and Lot 18, Block 4. 1.1.8 Prior to the Planning and Zoning Commission, the applicant shall provide a revised concept plan showing how the C-C zone parcel will develop. 1.2 General Conditions of Approval 1.2.1 Comply with all bulk, use, and development standards of the R-8 and C-C zoning districts listed in UDC Tables 11-2A-5 and 11-2B-3. 1.2.2 Comply with all provisions of 11-3A-3 with regard to access to streets. 1.2.3 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set forth in UDC 11-3A-6. 1.2.4 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11 -3A- 15, UDC 11-3B-6 and MCC 9-1-28. The applicant shall provide a waiver from the applicable irrigation district that the property does not have water rights and/or water delivery to the subject property with the submittal of a final plat application. 1.2.5 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-5J. 1.2.6 Construct all off-street parking areas consistent with the standards as set forth in UDC 11-3C-6 for single-family dwellings. 1.2.7 Construct the required landscape buffers consistent with the standards as set forth in UDC 11-3B- 7C. Meridian City Council Meeting Agenda September 4, 2018 – Page 261 of 461Meridian City Council Meeting Agenda October 16, 2018 – Page 226 of 419 Exhibit A Fairbourne Subdivision H-2018-0052 Page 19 of 27 1.2.8 Comply with all subdivision design and improvement standards as set forth in UDC 11-6C-3, including but not limited to cul-de-sacs, common driveways, easements, blocks, street buffers, and mailbox placement. 1.2.9 Protect any existing trees on the subject property that are greater than four-inch caliper and/or mitigate for the loss of such trees as set forth in UDC 11-3B-10. 1.2.10 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle. 1.3 Ongoing Conditions of Approval 1.3.1 The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets the standards as set forth in UDC 11-3B-6 and to install and maintain all landscaping as set forth in UDC 11-3B-5, UDC 11-3B-13 and UDC 11-3B-14. 1.3.2 All common open space and site amenities shall be maintained by an owner's association as set forth in UDC 11-3G-3F1. 1.3.3 The project is subject to all current City of Meridian ordinances and previous conditions of approval associated with this site. 1.3.4 The applicant and/or property owner shall have an ongoing obligation to prune all trees to a minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the area. 1.3.5 The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. 1.3.6 The applicant and/or property owner shall have an ongoing obligation to maintain all landscaping and constructed features within the clear vision triangle consistent with the standards in UDC 11- 3A-3. 1.4 Process Conditions of Approval 1.4.1 No signs are approved with this application. Prior to installing any signs on the property, the applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3 Article D and receive approval for such signs. 1.4.2 The applicant shall complete all improvements related to public life, safety, and health as set forth in UDC 11-5C-3B. A surety agreement may be accepted for other improvements in accord with UDC 11-5C-3C. 1.4.3 The final plat, and any phase thereof, shall substantially comply with the approved preliminary plat as set forth in UDC 11-6B-3C2. 1.4.4 The applicant shall obtain approval for all successive phases of the preliminary plat within two years of the signature of the City Engineer on the previous final plat as set forth in UDC 11 -6B- 7B (if applicable). 1.4.5 The preliminary plat approval shall be null and void if the applicant fails to either 1) obtain the City Engineer signature on a final plat within two years; or, 2) gain approval of a time extension as set forth in UDC 11-6B-7. 1.4.6 Upon installation of the landscaping and prior to inspection by Planning Division staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. Meridian City Council Meeting Agenda September 4, 2018 – Page 262 of 461Meridian City Council Meeting Agenda October 16, 2018 – Page 227 of 419 Exhibit A Fairbourne Subdivision H-2018-0052 Page 20 of 27 2. PUBLIC WORKS DEPARTMENT 2.1 SITE SPECIFIC CONDITIONS OF APPROVAL 2.1.1 A street light plan will need to be included in the final plat application. 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 2.1.2 Water service to this development will be from the Suez North America’s water system. The City of Meridian has been made aware that available fire flow in this area is limited to 1500gpm, which may not be adequate given the size of the proposed lots and dwellings. The applicant shall coordinate with Meridian Building and Fire Departments to arrange compliance alternatives for any homes requiring fire flows greater than 1500gpm based on Appendix B of the 2009 International Fire Code (IFC). 2.2 General Conditions of Approval 2.2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2.2 Per Meridian City Code (MCC), the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 2.2.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian’s standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2” x 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 Meridian City Council Meeting Agenda September 4, 2018 – Page 263 of 461Meridian City Council Meeting Agenda October 16, 2018 – Page 228 of 419 Exhibit A Fairbourne Subdivision H-2018-0052 Page 21 of 27 208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 2.2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 2.2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.2.10 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, etc., prior to signature on the final plat. 2.2.11 All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 2.2.12 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 2.2.13 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the 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 shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.2.20 At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.2.21 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 Meridian City Council Meeting Agenda September 4, 2018 – Page 264 of 461Meridian City Council Meeting Agenda October 16, 2018 – Page 229 of 419 Exhibit A Fairbourne Subdivision H-2018-0052 Page 22 of 27 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 887-2211. 3. POLICE DEPARTMENT 3.1 Prior to the Planning and Zoning Commission, the applicant shall provide a plan for the proposed development to offer natural surveillance of the area. The applicant shall extend the roadway with a turnaround that fire approves or include this area in the adjacent lots. 4. FIRE DEPARTMENT 5.1 One and two family dwellings not exceeding 3,600 square feet require a fire-flow of 1,000 gallons per minute for a duration of 2 hours to service the entire project. One and two family dwellings in excess of 3,600 square feet require a minimum fire flow as specified in Appendix B of the International Fire Code. Fire Hydrant spacing shall be provided as required by Appendix C of the International Fire Code. 5.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department in accordance with International Fire Code Section (IFC) 508.5.4 as follows: a. Fire hydrants shall have the 4 ½” outlet face the main street or parking lot drive aisle. b. Fire hydrants shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10’. f. Fire hydrants shall be placed 18” above finished grade to the center of the 4 ½” outlets. g. Fire hydrants shall be provided to meet the requirements of IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 5.3 In accordance with International Fire Code Section 503.2.5 and Appendix D, any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. Phasing of the project may require a temporary approved turn around on streets greater than 150' in length with no outlet. 5.4 All entrances, internal roads, drive aisles, and alleys shall have a turning radius of 28’ inside and 48’ outside, per International Fire Code Section 503.2.4. 5.5 All common driveways shall be straight or have a turning radius of 28’ inside and 48’ outside and have a clear driving surface of 20’ in width capable of supporting an imposed weight of 75,000 GVW, per International Fire Code Section 503.2. 5.6 Requirements for dead-end fire apparatus access roads that are between 500’-750’ in length are as follows: 1) Roadways shall be built to Ada County Highway District cross section standards and have a clear driving surface of 26-feet in width available at all times and shall have no parking; 2) Streets less than 32-feet in width shall have no parking on one side; and 3) Streets more than 39- feet in width shall be allowed to have parking on both sides. These measurements shall be based on the drivable surface dimension. Special approval is required for access roads over 750’ in Meridian City Council Meeting Agenda September 4, 2018 – Page 265 of 461Meridian City Council Meeting Agenda October 16, 2018 – Page 230 of 419 Exhibit A Fairbourne Subdivision H-2018-0052 Page 23 of 27 length per International Fire Code Table D103.6.1. and D103.6.2. The roadway shall be able to accommodate an imposed load of 75,000 GVW. 5.7 Provide signage (“No Parking Fire Lane”) for all fire lanes in accordance with International Fire Code Sections 503.4 & D103.6. 5.8 Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set forth in International Fire Code Section 304.1.2. 5.9 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. 5.10 To increase emergency access to the site a minimum of two points of access will be required for any portion of the project which serves more than 30 homes, as set forth in International Fire Code Section D107.1. The two entrances should be separated by no less than ½ the diagonal measurement of the full development as set forth in International Fire Code Section D104.3. The applicant shall provide a stub street to the property to the (west/east/north/south). 5.11 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. 5.12 As set forth in International Fire Code Section D103.3, the Fire Department is opposed to any landscape island in the middle of a cul de sac that may prevent a fire truck from turning around on the end of the court. 5.13 Secondary emergency access routes shall be protected from illegal entry by a gate or collapsible bollards as set forth in IFC 503.5. An example would be the MaxiForce Collapsible bollards that are wrench activated or an approved equal. 5. REPUBLIC SERVICES 5.1 Republic Services wants to ensure that the garbage totes get to the curb for pickup. 6. PARKS DEPARTMENT 6.1 Parks Department has no comments. 7. ADA COUNTY HIGHWAY DISTRICT AT THE TIME OF THIS STAFF REPORT A STAFF REPORT FROM ACHD HAD NOT BEEN RECEIVED. 8. IDAHO TRANSPORTATION DEPARTMENT 8.1 This project does not abut the State highway system. 8.2 This development has a completed Traffic Impact Study which has been reviewed and commented on by ITD. A copy of the Review Letter is attached. 8.3 Idaho Code 40-1910 does not allow advertising within the right-of-way of any State highway. 8.4 IDAPA 39.03.60 rules govern advertising along the State highway system. The applicant may contact Justin Pond, Program Manager for ITD’s Headquarters Right-of-Way Section at (208) 334- 8832 for more information. 8.5 ITD objects to the Preliminary plat application due to traffic concerns. ITD will withdraw any objection to the Preliminary plat application once all requirements of the TIS review letter have been addressed with ITD Staff. ITD does not object to the Rezone application and the request to remove the development from an existing development agreement and place in a new, separate agreement for Fairbourne Subdivision Meridian City Council Meeting Agenda September 4, 2018 – Page 266 of 461Meridian City Council Meeting Agenda October 16, 2018 – Page 231 of 419 Exhibit A Fairbourne Subdivision H-2018-0052 Page 24 of 27 Required Findings from Unified Development Code 1. REZONE FINDINGS: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant the rezone, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; The Applicant is proposing to rezone the subject property to the R-8 and C-C zoning districts consistent with the adjacent Medium Density Residential and Community Commercial land use designations. Therefore, City Council finds the amendment is consistent with the applicable provisions of the Comprehensive Plan (see section VII above). b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; City Council finds that the proposed map amendment to the R-8 and C-C zoning districts is generally consistent with the purpose statement of the district. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; City Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. City utilities will be extended at the expense of the applicant. City Council considers any oral or written testimony that may be provided when determining this finding. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and 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. b. The annexation (as applicable) is in the best of interest of the City (UDC 11-5B-3.E). Not applicable. 2. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: a. The plat is in conformance with the Comprehensive Plan; City Council finds that the proposed plat with 177 building lots is in substantial compliance with the adopted Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section VII, of the Staff Report for more information. b. Public services are available or can be made available and are adequate to accommodate the proposed development; City Council finds that public services will be provided to the subject property upon development. (See Exhibit B of the Staff Report for more details from public service providers.) Meridian City Council Meeting Agenda September 4, 2018 – Page 267 of 461Meridian City Council Meeting Agenda October 16, 2018 – Page 232 of 419 Exhibit A Fairbourne Subdivision H-2018-0052 Page 25 of 27 c. The plat is in conformance with scheduled public improvements in accord with the City’s capital improvement program; Because City water and sewer and any other utilities will be provided by the development at their own cost, 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; City Council relies upon comments from the public service providers (i.e., Police, Fire, ACHD, etc.) to determine this finding. (See Exhibit B for more detail.) e. The development will not be detrimental to the public health, safety or general welfare; and City Council is not aware of any health, safety, or environmental problems associated with the platting of this property. ACHD considers road safety issues in their analysis. City Council considers any public testimony that may be presented when determining whether or not the proposed subdivision may cause health, safety or environmental problems of which City Council is unaware. f. The development preserves significant natural, scenic or historic features. City Council is unaware of any natural, scenic or historic features on this site. Therefore, City Council finds that the proposed development will not result in the destruction, loss or damage of any natural, scenic or historic feature(s) of major importance. The City Council referenced any public testimony that was presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance of which City Council is unaware. Meridian City Council Meeting Agenda September 4, 2018 – Page 268 of 461Meridian City Council Meeting Agenda October 16, 2018 – Page 233 of 419