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Wells Subdivision H-2018-0017 AZ, PP Development AgreementADA COUNTY RECORDER Christopher D. Rich 2018-057288 BOISE IDAHO Pgs=37 BONNIE OBERBILLIG 06/21/2018 08:36 AM CITY OF MERIDIAN, IDAHO NO FEE DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. MWT LLC, Owner/Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this q M day of y U 12 , 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 MWT LLC, whose address is 905 W. Sherrington Drive, Eagle, ID 83616, hereinafter called OWNER/DEVELOPER. RECITALS: 1.1 WHEREAS, Owner/Developer 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/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 11-5B-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/Developer has submitted an application for the annexation and zoning of 14.80 acres of land, described in Exhibit "A", from the RUT to the R-4 (Medium Low Density Residential) zoning district, under the Unified Development Code, which generally describes how the Property will be developed and what improvements will be made; and 1.5 WHEREAS, Owner/Developer made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the Property will be developed and what improvements will be made; and DEVELOPMENT AGREEMENT— WELLS SUBDIVISION (H-2018-0017 PAGE 1 of 7 L6 WHEREAS, the record of the proceedings for the requested annexation and zoning of 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 5a` day of June, 2018, the Meridian City Council approved certain Findings of Fact and Conclusions of Law and Decision and Order ("Findings"), for the annexation and zoning of 14.80 acres of land with an R-4 zoning district, which have been incorporated into this Agreement and attached as Exhibit `B"; and 1.8 WHEREAS, Owner/Developer deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and request; and L9 WHEREAS, City requires the Owner/Developer to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this Agreement, herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure zoning designation are in accordance with the amended Comprehensive Plan of the City of Meridian on October 11, 2016, Resolution No. 16-1173, and the UDC, Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho 83642. 3.2 OWNER/DEVELOPER: means and refers to MWT LLC, 905 W. Sherrington Drive, Eagle, ID 83616, thepartythat owns and is developing said Property and shall include any subsequent owner(s)/developer(s) of the Property. DEVELOPMENT AGREEMENT- WELLS SUBDIVISION (H-2018-0017) PAGE 2 of 7 3.4 PROPERTY: means and refers to that certain parcel(s) ofProperty located in the County of Ada, City of Meridian as described in Exhibit "A" describing the parcel to be annexed and zoned R-4 (Medium Low Density Residential) 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. Owner/Developer shall develop the Property in accordance with the following special conditions: a. Future development of this site shall be generally consistent with the preliminary plat, landscape plan and building elevations included in Exhibit A and the associated conditions of approval in the staff report that is attached to the Findings of Fact and Conclusions of Law, attached hereto as Exhibit `B". 6. COMPLIANCE PERIOD This Agreement must be fully executed within six (6) months after the date of the Findings for the annexation and zoning or it is null and void. 7. DEFAULT/CONSENT TO DE -ANNEXATION AND REVERSAL OF ZONING DESIGNATION: 7.1 Acts of Default. Either party's failure to faithfully comply with all of the terms and conditions included in this Agreement shall constitute default under this Agreement. 7.2 Notice and Cure Period. In the event of Owner/Developer's default of this Agreement, Owner/Developer shall have thirty (30) days from receipt of written notice from City to initiate commencement of action to correct the breach and cure the default, which action must be prosecuted with diligence and completed within one hundred eighty (180) days; provided, however, that in the case of any such default that cannot with diligence be cured within such one hundred eighty (180) day period, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. DEVELOPMENT AGREEMENT- WELLS SUBDIVISION (H-2018-0017 PAGE 3 OF 7 7.3 Remedies. In the event of default by Owner/Developer that is not cured after notice as described in Section 7.2, Owner/Developer shall be deemed to have consented to modification of this Agreement and de -annexation and reversal of the zoning designations described herein, solely against the offending portion of Property and upon City's compliance with all applicable laws, ordinances and rules, including any applicable provisions of Idaho Code §§ 67-6509 and 67-6511. Owner/Developer reserves all rights to contest whether a default has occurred. This Agreement shall be enforceable in the Fourth Judicial District Court in Ada County by either City or Owner/Developer, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance ofthe covenants, agreements, conditions, and obligations contained herein. 7.4 Delay. In the event the performance of any covenant to be performed hereunder by either Owner/Developer or City is delayed for causes that are beyond the 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 extendedbythe amount of time of such delay. 7.5 Waiver. A waiver by City of any default by Owner/Developer of any one or more ofthe 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 applyto any subsequent default of any such or other, covenants and conditions. 8. INSPECTION: Owner/Developer shall, immediately upon completion of any portion or the entirety of said development of the Property as required by this Agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Agreement and all other ordinances of the City that apply to said Property. 9. REQUIREMENT FOR RECORDATION: City shall record this Agreement, including all of the Exhibits, and submit proof of such recording to Owner/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 ofthe Property contemplated hereby, the City shall execute and record an appropriate instrument of release of this Agreement. 10. ZONING: City shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. 11. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under the UDC, to insure the installation of required improvements, which the Owner/Developer agree to provide, if required by the City. DEVELOPMENT .AGREEMENT- WELLS SUBDIVISION (H-2018-0017 PAGE 4 OF 7. 12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the City, or sufficient surety of performance is provided by Owner/Developer to the City in accordance with Paragraph 11 above. 13. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agrees 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/DEVELOPER: MWT LLC 905 W. Sherrington Drive Eagle, ID 83616 with copy to: City Attorney City of Meridian 33 E. Bxoadway Avenue Meridian, ID 83642 14.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shallbe entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shallbe binding on the Owner/Developer, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein DEVELOPMENT AGREEMENT- WELLS SUBDIVISION (11-2018-0017) PAGE 5 or 7 expressed. City agrees, upon written request of Owner/Developer, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined that Owner/Developer have fully performed their obligations under this Agreement. 18. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided, eachparty 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/Developer and Cityrelative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owner/Developer and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to thus 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 ofthe subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22, EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. [end of text; signatures, acknowledgements, and Exhibits A and B follow] DEVELOPMENT AGREEMENT— WELLS SUBDIVISION (H-2018-0017 PAGE 6 of 7 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: MWT LLC By: CITY OF MERIDIAN STATE OF IDAHO ss: "G(/ST ATTEST: ow iv of n�� `�� • ay Cole County of Ada, r� ) /j On this 6 � day of , 2018, before me, the undersigned, a Notary Public in and for said State, personally appeared YVIa�-- ��.(-t?— , known or identified to me to be the —q of ET MWT LLC, and acknowledged to me that he executed the same on behalf of said Corporation. �r� dee IN WITNESS WHEVt. &p set my hand and affixed my official seal the day and year in this certificate first above written �',�OTA4?�`,••� (SEAL) i Notary Public r Idaho p1Bt1G,'p®® Residing at:� •��9` My Commission Exp'res: © 1 STATE OF IDAHO ss County of Ada ) On this I I day of , 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 ,`` ---•�� A ULN r Notary PubliVS1flL&&)Q— aho �� Residing at: tiCommission expires i iiEA'EE3�T—WELLS SUBDIVISION (H-2018-0017) PAGE % OF % lk9 0 ` •�nrr.r,rrr CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-0017 - 1 - CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for Annexation and Zoning of 14.80 Acres of Land with an R-4 Zoning District; and a preliminary plat consisting of thirty-eight (38) Building Lots on 14.80 Acres of Land, by Schultz Development. Case No(s). H-2018-0017 For the City Council Hearing Date of: May 15, 2018 (Findings on June 5, 2018) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of May 15, 2018, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of May 15, 2018, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of May 15, 2018, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of May 15, 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 Community Development Department, the Public Works Department and any affected party requesting notice. Meridian City Council Meeting Agenda June 5, 2018 – Page 426 of 868 EXHIBIT B Meridian City Council Meeting Agenda June 19, 2018 – Page 90 of 365 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-0017 - 2 - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of May 15, 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 annexation and zoning is hereby approved with the requirement of a development agreement; and preliminary plat is hereby approved per the provisions in the Staff Report for the hearing date of May 15, 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 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 Meridian City Council Meeting Agenda June 5, 2018 – Page 427 of 868Meridian City Council Meeting Agenda June 19, 2018 – Page 91 of 365 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-0017 - 3 - agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six (6) month approval period. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of May 15, 2018 Meridian City Council Meeting Agenda June 5, 2018 – Page 428 of 868Meridian City Council Meeting Agenda June 19, 2018 – Page 92 of 365 In By action of the City Council at its regular meeting held on the E n - day of 2018. COUNCIL PRESIDENT JOE BORTON VOTED tGer `t COUNCIL ;r4ej; p ,:4; Tr`' 9! 9 TREG BERNT VOTED COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED COUNCIL MEMBER TY PALMER VOTED ll vlGe Pte- — COUNCIL LUKE CAVENER VOTED COUNCIL MEMBER GENESIS MILAM VOTED / MAYOR TAMMY de WEERD VOTED TIE BREAKER) Mayor Ta de Weerd Attest: a , \ E IDIAN, 4 OAHO C.J Coles , SEAL City Cleric ti aPv r Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. By: I ka—r Dated: (0-5Ja(O`8 City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-0017 bje1115Meridian City Council Meeting Agenda June 19, 2018 – Page 93 of 365 Exhibit A Wells Subdivision H-2018-0017 PAGE 1 STAFF REPORT Hearing Date: May 15, 2018 TO: Mayor & City Council FROM: Josh Beach, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Wells Subdivision – AZ, PP (H-2018-0017) I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, Schultz Development, has submitted an application for annexation and zoning (AZ) of 14.80 acres of land with an R-4 zoning district; and a preliminary plat (PP) consisting of 38 building lots and 11 common lots on 14.80 acres of land in the R-4 zoning district. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed AZ and PP applications in accord with the conditions of approval in Exhibit B and the Findings of Fact and Conclusions of Law in Exhibit D. The Meridian Planning & Zoning Commission heard these items on April 5, 2018. At the public hearing, the Commission moved to recommend approval of the subject annexation and preliminary plat requests. a. Summary of Commission Public Hearing: i. In favor: Matt Schultz 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. Questions on the status of the existing structure. d. Commission Change(s) to Staff Recommendation: i. Remove condition 6.1.2 ii. Remove condition 6.1.3 iii. Remove condition 6.1.4 iv. Remove condition 6.1.5 v. Remove condition 6.1.6 e. Outstanding Issue(s) for City Council: i. None The Meridian City Council heard these items on May 15, 2018. At the public hearing, the Council approved the subject annexation and preliminary plat requests. a. Summary of City Council Public Hearing: vii. In favor: Matt Schultz viii. In opposition: None Meridian City Council Meeting Agenda June 5, 2018 – Page 400 of 868Meridian City Council Meeting Agenda June 19, 2018 – Page 94 of 365 Exhibit A Wells Subdivision H-2018-0017 PAGE 2 ix. Commenting: None 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: ii. None d. Key Council Changes to Staff/Commission Recommendation i. That the applicant be required to enter into a development agreement for the project. III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2018- 0017, as presented in the staff report for the hearing date of May 15, 2018, with the following modifications: (Add any proposed modifications). Denial After considering all staff, applicant and public testimony, I move deny File Number H-2018-0017, as presented during the hearing on May 15, 2018, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2018-0017 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 2350 E. Amity Road, in the SW ¼ of Section 29, Township 3 North, Range 1 East. B. Owners: Dennis Wells 2350 E. Amity Road Meridian, ID 83642 C. Applicant/Representative: Matt Schultz, Schultz Development P. O. Box 1115 Meridian, Idaho 83680 D. Applicant's Statement/Justification: Please see applicant’s narrative for this information. V. PROCESS FACTS A. The subject application is for annexation and preliminary plat. A public hearing is required before the Planning & Zoning Commission and City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: March 16, 2018 (P&Z),April 27, 2018 (Council) C. Radius notices mailed to properties within 300 feet on: March 12, 2018 (P&Z), April 20, 2018 Council) Meridian City Council Meeting Agenda June 5, 2018 – Page 401 of 868Meridian City Council Meeting Agenda June 19, 2018 – Page 95 of 365 Exhibit A Wells Subdivision H-2018-0017 PAGE 3 D. Applicant posted notice on site(s) on: March 22, 2018 (P&Z), May 4, 2018 (Council) VI. LAND USE A. Existing Land Use(s) and Zoning: A residential home exists on this site; the home is proposed to remain on the property and to be included on a Lot and Block within the proposed subdivision. The property is zoned, RUT in Ada County. B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: Residential properties in the Messina Meadows Subdivision, zoned R-8 2. East: Future Castle Creek Subdivision, zoned R-8 3. South: E. Amity Road; Residential properties in the Whitebark Subdivision, zoned R-4 4. West: Single-family residential properties in the Paisley Meadows Subdivision, zoned R-4 C. History of Previous Actions: None D. Utilities: 1. Location of sewer: A sanitary sewer mainline that is intended to provide service to the subject parcel currently exists through the site in the in the alignment of S. Zopiro Way. 2. Location of water: Water mainline that are intended to provide service to the subject parcel currently exists in E. Amity Road and S. Zopiro Way. 3. Issues or concerns: None E. Physical Features: 1. Canals/Ditches Irrigation: There is an irrigation ditch (Ten Mile Drain) that runs through this site. 2. Hazards: Staff is not aware of any hazards that exist on this property. 3. Flood Plain: A portion of this project lies within the Meridian Floodplain Overlay District. Prior to any development occurring in the Overlay District a floodplain permit application, including hydraulic and hydrologic analysis is required to be completed and submitted to the City and approved by the Floodplain Administrator per MCC 10-6. VII. COMPREHENSIVE PLAN POLICIES AND GOALS Land Use: This property is designated “Low Density Residential” on the Comprehensive Plan Future Land Use Map. Low density residential areas are anticipated to contain single family residences at densities up to three dwelling units per acre. The proposed preliminary plat includes 38 residential building lots on 14.80 acres for a gross density of 2.57 dwelling units/acre and a net density of 4.08 dwelling units/acre, the project falls within the target density range outlined in the Comprehensive Plan. Policies: Staff finds the following Comprehensive Plan policies to be applicable to this application and apply to the proposed use of this property (staff analysis in italics): Require new residential development to meet development standards regarding landscaping, signage, fences and walls, etc.” (3.05.02C) A 25-foot wide street buffer is required along E. Amity Road, an arterial street, and shall be landscaped in accord with the standards listed in UDC 11-3B-7C. Separate permits shall be obtained for any new fencing. Meridian City Council Meeting Agenda June 5, 2018 – Page 402 of 868Meridian City Council Meeting Agenda June 19, 2018 – Page 96 of 365 Exhibit A Wells Subdivision H-2018-0017 PAGE 4 Protect existing residential properties from incompatible land use development on adjacent parcels.” (3.06.01F) The proposed single-family residential development should be compatible with adjacent existing and future residential uses. 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 applicant upon development of the site in accord with UDC 11-3A-21. Support a variety of residential categories (low-, medium-, medium-high and high-density single-family, multi-family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities.” (3.07.01E) The proposed low density residential development should contribute to the variety of housing opportunities that exist in this area which currently consist of low- and medium-density residential developments. 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 proposes sidewalk connections to the west along E. Melwood Street, to the north along S. Zopiro Ave. and to the east along E. Daulby Street. The applicant also proposes to pedestrian connections from the proposed subdivision to the proposed sidewalk along E. Amity Road. The applicant is also proposing an internal pedestrian pathway to facilitate pedestrian connectivity. Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow.” (3.03.03C) The applicant is proposing to connect to two existing stub streets, one from the Paisley Meadows Subdivision (E. Melwood Street), and one from the Messina Meadows Subdivision S. Zopiro Way.)The applicant is also proposing to provide one stub street to the property to the east (E. Daulby Street.) which will connect with the stub street approved with the Castle Creek Subdivision. Support infill of vacant lots in substantially developed single-family areas at densities similar to surrounding development. Increased densities on vacant lots may be considered if structures are compatible with surrounding development.” (3.07.02I) The proposed density for the subject property is compatible with surrounding densities. Require common area in all subdivisions.” (3.07.02F) The proposed plat depicts a total of 1.85 acres (or 12.5%) of qualified open space in accord with the requirements listed in UDC11-3G-3. 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 submitted plat depicts connections to two (2) existing stub streets, E. Melwood St., and S. Zopiro Way for interconnectivity. The applicant is proposing to stub a street on the east boundary for future extension. Direct lot access is not proposed or approved to Amity Road. Coordinate with public works, police, and fire departments on proposed annexation and development requests, and the impacts on services.” (3.04.01H) Meridian City Council Meeting Agenda June 5, 2018 – Page 403 of 868Meridian City Council Meeting Agenda June 19, 2018 – Page 97 of 365 Exhibit A Wells Subdivision H-2018-0017 PAGE 5 Staff has coordinated with public works, police and fire and has incorporated their comments and conditions in this report. Analysis: Staff is supportive of the proposed development as it is generally consistent with the LDR designation and policies in the Comprehensive Plan as noted above and should be compatible with adjacent residential uses. VIII. UNIFIED DEVELOPMENT CODE (UDC) A. Purpose Statement of Zone: Per UDC 11-2A-1, the purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian comprehensive plan. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. The medium low-density residential (R-4) district allows a maximum gross density of 4 dwelling units per acre. B. Schedule of Use: Unified Development Code (UDC) Table 11-2A-5 lists the principal permitted P), accessory (A), conditional (C), and prohibited (-) uses in the R-4 zoning district. Any use not explicitly listed, or listed as a prohibited use is prohibited. The proposed use of the site for single- family detached dwellings is a principal permitted use in the R-4 zoning district. C. Dimensional Standards: Development of the site should be consistent with the dimensional standards listed in UDC Tables 11-2A-5 for the R-4 zoning district. D. Landscaping: Street buffer landscaping shall be installed in accordance with the standards listed in UDC Tables 11-2A-5 for the R-4 zoning district. E. Common Open Space and 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. Off-Street Parking: Off-street parking is required in accord with UDC Table 11-3C-6 for single- family dwellings. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: ANNEXATION & ZONING (AZ): The applicant has applied to annex and zone 14.80 acres (two parcels) of land with an R-4 zoning district. As discussed above in Section VII, the proposed zoning is consistent with the text of the comprehensive plan and Future Land Use Map (FLUM) designation of LDR. Because the applicant is developing the site consistent with the Comprehensive Plan and the surrounding developments, staff is not recommending a development agreement as a provision of annexation. Preliminary Plat The proposed plat consists of 38 building lots, and 11 common lots. The plat is proposed to develop in one phase. The gross density for the subdivision is 2.57 d.u./acre and the net density is 4.08 d.u./acre. The average lot size within the development is 10,664 square feet (s.f.). Existing Structures: There is an existing home and outbuildings on this site. The home is proposed to be included on a Lot 6 and Block 1 in the subdivision. Any outbuildings that do not meet the required setback of the R-4 zoning district shall be removed or relocated. Meridian City Council Meeting Agenda June 5, 2018 – Page 404 of 868Meridian City Council Meeting Agenda June 19, 2018 – Page 98 of 365 Exhibit A Wells Subdivision H-2018-0017 PAGE 6 Dimensional Standards: Development of this site is required to comply with the dimensional standards listed in UDC Table 11-2A-5 for the R-4 district and UDC 11-2A-3. Staff has reviewed the proposed plat and found it to be in compliance with these 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 in compliance with this standard. Traffic Impact Study (TIS): ACHD did not require a TIS for this development. Access: Access to this site is currently provided via E. Amity Road, an arterial street. This access will be terminated with the development of the proposed subdivision. The plat as submitted does not depicted direct lot access in accord with UDC 11-3A-3. Access is proposed from S. Zopiro Avenue, E. Melwood Street, and E. Daulby St., all local residential streets. Stub Streets: E. Melwood Street and S. Zopiro Avenue are stubbed to the site. The applicant is also proposing to stub to the property to the east (parcel #S1129438465). Staff is supportive of the street layout proposed for this development. Parking: Off-street parking is required for each residential lot in accord with the standards listed in UDC 11-3C-6. Common Driveways: There are three common driveways on the plat that serve a total of 7 residential lots (Lots 10-11, Block 1; Lots 5 and 6, Block 2; and Lots 3 and 4, Block 3 Landscaping: A landscape plan was submitted with this application for the area proposed to be platted as shown in Exhibit A.3. A 25-foot wide street buffer (measured from the back of curb) is required along E. Amity Road, a residential arterial street, per UDC Table 11-2A-5 and shall be landscaped in accord with the standards listed in UDC 11-3B-7C. A 40 foot wide buffer is proposed. A 10-foot wide compacted gravel shoulder meeting the construction standards of the transportation authority and landscaping (lawn or other vegetative groundcover) is required along E. Amity Road in accord with UDC 11-3B-7C.5. Landscaping should be provided within internal common areas as set forth in UDC 11-3G-3 as shown on the landscape plan. Multi-use Pathway: A multi-use pathway is required in the 25 foot landscape buffer along E. Amity Road. The applicant should coordinate with the City of Meridian Park Department on the width and location of the required easement. Tree Mitigation: If there are any existing trees on the site that are proposed to be removed, the applicant should contact Elroy Huff, City Arborist, at 888-3579 to schedule an appointment to confirm mitigation requirements prior to removal of any trees on the site. Open Space: A minimum of 10% qualified open space is required to be provided for this development in accord with UDC 11-3G-3A.1. Based on the area of the preliminary plat (14.8 acres), a minimum of 1.48 acres of qualified open space is required to be provided as set forth in UDC 11-3A-3B. A total of 1.85 acres of open space, or 12.5% of qualified open space is proposed consisting of ½ the street buffer along E. Amity Road, the micropath lot, internal common open space areas (50’ X 100’) and internal parkways comply with this requirement. Site Amenities: All developments consisting of five acres of more are required to provide a minimum of one site amenity; one additional site amenity is required for each additional 20 acres per UDC 11-3G-3A.2, in accord with the standards listed in UDC 11-3G-3C. Based on the area of the preliminary plat (14.8 acres), staff requires a minimum of 1 qualified site amenities be Meridian City Council Meeting Agenda June 5, 2018 – Page 405 of 868Meridian City Council Meeting Agenda June 19, 2018 – Page 99 of 365 Exhibit A Wells Subdivision H-2018-0017 PAGE 7 provided. The applicant proposes to provide a gazebo within the northern common area on Lot 9, Block 2, and pathways through internal common areas in accord with this requirement. Sidewalks: Sidewalks are required along all public streets as set forth in UDC 11-3A-17. A minimum 5-foot wide detached sidewalk is required along E. Amity Road as depicted on the landscape plan. Utilities: Street lighting is required to be installed within the development in accord with the City’s adopted standards, specifications and ordinances. A street light plan is required 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. The plan will need to include the installation of Type 1 lights along Amity Road in addition to type 2 lighting on internal streets. 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. Adequate fire protection is required in accord with the appropriate fire district standards per UDC 11-3A-21. Pressurized Irrigation (PI): An underground PI system is required to be provided to each lot in the subdivision in accord with UDC 11-3A-15. Storm Drainage: A storm drainage system is required for the development in accord with the City’s adopted standards, specifications and ordinances. Design and construction shall follow best management practice as adopted by the City in accord with UDC 11-3A-18. Building Elevations: The applicant has submitted six pictures of typical sample building elevations for future homes in this development, included in Exhibit A.4. Building materials appear to consist of a mix of horizontal shake siding with stone accents. Because homes on lots that back up to E. Amity Road will be highly visible, staff recommends the rear or sides of structures on lots that face E. Amity Road (Lots 8-11, Block 1) incorporate articulation through changes in materials, color, modulation, and architectural elements horizontal and vertical) to break up monotonous wall planes and roof lines. Fencing: All fencing should comply with the standards listed in UDC 11-3A-7. Six-foot tall solid fencing is proposed along the south boundary of the site at the back edge of the buffer along E. Amity Road. Staff recommends approval of the proposed preliminary plat request for this site with the recommended conditions listed in Exhibit B of this report in accord with the Findings contained in Exhibit D. Meridian City Council Meeting Agenda June 5, 2018 – Page 406 of 868Meridian City Council Meeting Agenda June 19, 2018 – Page 100 of 365 Exhibit A Wells Subdivision H-2018-0017 PAGE 8 X. EXHIBITS A. Drawings/Other 1. Vicinity/Zoning Map 2. Proposed Preliminary Plat (dated: 2/20/18) 3. Proposed Landscape Plan (dated: 2/20/18) 4. Proposed Conceptual Building Elevations B. Agency & Department Comments/Conditions C. Legal Description & Exhibit Map for Annexation & Zoning Boundary D. Required Findings from Unified Development Code Meridian City Council Meeting Agenda June 5, 2018 – Page 407 of 868Meridian City Council Meeting Agenda June 19, 2018 – Page 101 of 365 Exhibit A Exhibit A Page 1 A. Drawings 1. Vicinity/Zoning Map Meridian City Council Meeting Agenda June 5, 2018 – Page 408 of 868Meridian City Council Meeting Agenda June 19, 2018 – Page 102 of 365 Exhibit A Exhibit A Page 2 2. Proposed Preliminary Plat (dated: 2/20/18) Meridian City Council Meeting Agenda June 5, 2018 – Page 409 of 868Meridian City Council Meeting Agenda June 19, 2018 – Page 103 of 365 Exhibit A Exhibit A Page 3 3. Proposed Landscape Plan (dated: 2/20/18) Meridian City Council Meeting Agenda June 5, 2018 – Page 410 of 868Meridian City Council Meeting Agenda June 19, 2018 – Page 104 of 365 Exhibit A 2 - 4. Conceptual Building Elevations Meridian City Council Meeting Agenda June 5, 2018 – Page 411 of 868Meridian City Council Meeting Agenda June 19, 2018 – Page 105 of 365 Exhibit A 3 - Meridian City Council Meeting Agenda June 5, 2018 – Page 412 of 868Meridian City Council Meeting Agenda June 19, 2018 – Page 106 of 365 Exhibit A 4 - 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 and rezone of this property. Prior to the annexation and rezone ordinance approval, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of annexation and rezone ordinance adoption, and the developer. A final plat application shall not be submitted until the DA is signed and approved by City Council. Currently, a fee of $303.00 shall be paid by the applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the Planning Division within six (6) months of the City Council granting annexation and rezone. The agreement shall, at minimum, incorporate the following provisions: a. Future development of this site shall be generally consistent with the preliminary plat, landscape plan and building elevations (photos) depicted in Exhibit A and the conditions noted in the staff report. 1.1.2 The preliminary plat included in Exhibit A.2, dated 2/20/18, shall be revised as follows: a. A note shall be placed on the face of the final plat prohibiting direct lot access to E. Amity Road. 1.1.2 The landscape plan included in Exhibit A.3, dated 2/20/18, shall be revised as follows: a. All internal pedestrian pathways shall be improved in accord with UDC 11-3A-8 and UDC 11-3B-12. b. If the unimproved street right of way is ten feet (10') or greater from the edge of pavement to edge of sidewalk or property line, the developer shall maintain a ten foot (10') compacted shoulder meeting the construction standards of the transportation authority and landscape the remainder with lawn or other vegetative ground cover 1.1.3 All existing structures on the site shall be removed or relocated to meet the setback requirements of the R-8 district prior to signature on the final plat by the City Engineer. 1.1.4 A street light plan is required 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. The plan will need to include the installation of Type 1 lights along Amity Road in addition to type 2 lighting on internal streets. 1.1.5 The developer shall construct all proposed fencing and/or any fencing required by the UDC, consistent with the standards as set forth in UDC 11-3A-7 and 11-3A-6B. 1.1.6 The rear or sides of future structures on lots that face E. Amity Road on Lots 8-11, Block 1 shall incorporate articulation through changes in materials, color, modulation, and architectural elements (horizontal and vertical) to break up monotonous wall planes and roof lines. 1.1.7 Future homes constructed within this development shall comply with the conceptual building elevations and materials shown in Exhibit A.4. 1.1.8 Prior to the City Council hearing the applicant shall provide an exhibit showing the orientation and building footprint of all lots that take access from a common driveway. Meridian City Council Meeting Agenda June 5, 2018 – Page 413 of 868Meridian City Council Meeting Agenda June 19, 2018 – Page 107 of 365 Exhibit A 5 - 1.2 General Conditions of Approval 1.2.1 Comply with all bulk, use, and development standards of the R-4 zoning district listed in UDC Table 11-2-A-5. 1.2.2 Comply with all provisions of 11-3A-3 with regard to access to streets. 1.2.3 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set forth in UDC 11-3A-6. 1.2.4 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11-3A- 15, UDC 11-3B-6 and MCC 9-1-28. 1.2.5 Comply with the sidewalk standards as set forth in UDC 11-3A-17. 1.2.6 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-5J. 1.2.7 Construct all off-street parking areas consistent with the standards as set forth in UDC 11-3C-6 for single-family dwellings. 1.2.8 Construct the required landscape buffers consistent with the standards as set forth in UDC 11-3B- 7C. 1.2.9 Construct storm water integration facilities that meet the standards as set forth in UDC 11-3B- 11C. 1.2.10 Construct all parkways consistent with the standards as set forth in UDC 11-3A-17E, 11-3G-3B5 and 11-3B-7C. 1.2.11 Comply with all subdivision design and improvement standards as set forth in UDC 11-6C-3, including but not limited to cul-de-sacs, alleys, driveways, common driveways, easements, blocks, street buffers, and mailbox placement. 1.2.12 Protect any existing trees on the subject property that are greater than four-inch caliper and/or mitigate for the loss of such trees as set forth in UDC 11-3B-10. 1.2.13 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle. 1.3 Ongoing Conditions of Approval 1.3.1 The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets the standards as set forth in UDC 11-3B-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. 1.3.6 The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. 1.3.7 The applicant and/or property owner shall have an ongoing obligation to maintain all landscaping and constructed features within the clear vision triangle consistent with the standards in UDC 11- 3A-3. Meridian City Council Meeting Agenda June 5, 2018 – Page 414 of 868Meridian City Council Meeting Agenda June 19, 2018 – Page 108 of 365 Exhibit A 6 - 1.4 Process Conditions of Approval 1.4.1 No signs are approved with this application. Prior to installing any signs on the property, the applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3 Article D and receive approval for such signs. 1.4.2 The applicant shall complete all improvements related to public life, safety, and health as set forth in UDC 11-5C-3B. A surety agreement may be accepted for other improvements in accord with UDC 11-5C-3C. 1.4.3 The final plat, and any phase thereof, shall substantially comply with the approved preliminary plat as set forth in UDC 11-6B-3C2. 1.4.4 The applicant shall obtain approval for all successive phases of the preliminary plat within two years of the signature of the City Engineer on the previous final plat as set forth in UDC 11-6B- 7B (if applicable). 1.4.5 The preliminary plat approval shall be null and void if the applicant fails to either 1) obtain the City Engineer signature on a final plat within two years; or, 2) gain approval of a time extension as set forth in UDC 11-6B-7. 1.4.6 Upon installation of the landscaping and prior to inspection by Planning Division staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 2. PUBLIC WORKS DEPARTMENT 2.1 SITE SPECIFIC CONDITIONS OF APPROVAL 2.1.1 The water main connection across Ten Mile Creek will not be necessary with the proposed connection to Amity Road as part of the development. 2.1.2 A street light plan will need to be included in the final plat application. Street light plan requirements are listed in section 6-7 of the City's Design Standards. A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272 2.1.3 A portion of this project lies within the Meridian Floodplain Overlay District. Prior to any development occurring in the Overlay District, a floodplain development permit application, and demonstrated evidence of no rise shall be required for the bridge crossing over Tenmile Creek per MCC 10-6. 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 Meridian City Council Meeting Agenda June 5, 2018 – Page 415 of 868Meridian City Council Meeting Agenda June 19, 2018 – Page 109 of 365 Exhibit A 7 - 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. 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. Meridian City Council Meeting Agenda June 5, 2018 – Page 416 of 868Meridian City Council Meeting Agenda June 19, 2018 – Page 110 of 365 Exhibit A 8 - 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 deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 2.2.23 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-221. 3. POLICE DEPARTMENT 3.1 The Police Department has no comment on this application. 4. FIRE DEPARTMENT 4.1.1 One and two family dwellings not exceeding 3,600 square feet require a fire- flow of 1,000 gallons per minute for a duration of 2 hours to service the entire project. One and two family dwellings in excess of 3,600 square feet require a minimum fire flow as specified in Appendix B of the International Fire Code. Fire Hydrant spacing shall be provided as required by Appendix C of the International Fire Code. 4.1.2 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 4.1.3 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department in accordance with International Fire Code Section (IFC) 508.5.4 as Meridian City Council Meeting Agenda June 5, 2018 – Page 417 of 868Meridian City Council Meeting Agenda June 19, 2018 – Page 111 of 365 Exhibit A 9 - follows: a. Fire hydrants shall have a Storz LDH connection in place of the 4 ½” outlet. The Storz connection may be 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 corners when spacing permits. 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 new construction or additions to existing buildings within 1,000 feet of the project. 4.1.4 In accordance with International Fire Code Section 503.2.5 and Appendix D, any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. Phasing of the project may require a temporary approved turn around on streets greater than 150' in length with no outlet. 4.1.5 All entrances, internal roads, drive aisles, and alleys shall have a turning radius of 28’ inside and 48’ outside, per International Fire Code Section 503.2.4. 4.1.6 Private Alleys and Fire Lanes shall have a 20’ wide improved surface capable of supporting an imposed load of 75,000 lbs. All roadways shall be marked in accordance with Appendix D Section D103.6 Signs. 4.1.7 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 length per International Fire Code Section D103.6.1. and D103.6.2. The roadway shall be able to accommodate an imposed load of 75,000 GVW. 4.1.8 Provide signage (“No Parking Fire Lane”) for all fire lanes in accordance with International Fire Code Sections 503.3 & D103.6. 4.1.9 Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set forth in International Fire Code Section 304.1.2. 4.1.10 Operational fire hydrants, temporary or permanent street signs, and access roads with an all weather surface are required to be installed before combustible construction material is brought onto the site, as set forth in International Fire Code Section (IFC) 501.4. 4.1.11 To increase emergency access to the site a minimum of two points Meridian City Council Meeting Agenda June 5, 2018 – Page 418 of 868Meridian City Council Meeting Agenda June 19, 2018 – Page 112 of 365 Exhibit A 10 - 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. 4.1.12 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. 4.1.13 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. 4.1.14 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. REPUBLIC SERVICES 5.1 Republic Services has no comments on this application. 6. PARKS DEPARTMENT 6.1.1 The applicant shall contact Elroy Huff, City Arborist, at 208-371-1755 to schedule an inspection to determine mitigation requirements for healthy trees on the site, 4-inch caliper or greater, that are proposed to be removed in accord with the provisions listed in UDC 11-3B-10C. 6.1.2 The project developer shall design and construct a multi-use pathway consistent with the location and specifications set forth in the Meridian Pathways Master Plan (Chapter 3). Any proposed adjustments to pathway alignment shall be coordinated through the Pathways Project Manager. 6.1.3 Prior to submittal of the final plat for City Engineer signature, the applicant shall submit a public access easement for a multi-use pathway on the north side of E. Amity Road to the Planning Division for Council approval and subsequent recordation. The easement shall be a minimum of 14’ wide (10’ pathway + 2’ shoulder each side). Easement checklist must accompany all easement submittals. Use standard City template for public access easement. 6.1.4 Prior to City Engineer signature on the final plat, the applicant shall depict a public access easement for the multi-use pathway along the north side of E. Amity Road on the final plat. 6.1.5 Construct pathway per typical paving section(s) shown in the Meridian Pathways Master Plan, Chapter 3. 6.1.6 The owner (or representative association) of the property affected by the public access easement shall have an ongoing obligation to maintain the multi-use pathway. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 Site Specific Conditions of Approval 7.1.1 Dedicate 48-feet of right-of-way from centerline of Amity Road abutting the site. Right-of-way is impact fee eligible for reimbursement. Meridian City Council Meeting Agenda June 5, 2018 – Page 419 of 868Meridian City Council Meeting Agenda June 19, 2018 – Page 113 of 365 Exhibit A 11 - 7.1.2 Construct 5-foot wide sidewalk along Amity Road, located 42-feet from centerline to front face of sidewalk abutting the site; and improve Amity Road with 17-feet of pavement, 3-foot wide gravel shoulder and borrow ditch from centerline of Amity Road abutting the site.. 7.1.3 Close the existing residential driveway onto Amity Road with 5-foot wide sidewalk. 7.1.4 Continue Melwood Street into the site as a 33-foot street section with curb, gutter, within 38-feet of right-of-way and 5-foot wide detached sidewalk within an easement. 7.1.5 Construct Marsala Way, Marsala Place, Grayson Street, and Zopiro Way as 33-foot street sections with curb, gutter, within 38-feet of right-of-way and 5-foot wide detached sidewalk within an easement. 7.1.6 Terminate Marsala Place in a cul-de-sac with a minimum 45-foot turning radius, 255-feet north of Melwood Street. 7.1.7 Construct an 8-foot wide by 25-foot long landscape median, 260-feet north of Daulby Street on Zopiro Way. 7.1.8 Provide a permanent right-of-way easement to 2-feet behind the back edge of sidewalk. 7.1.9 The landscape median on Zopiro Way should be platted as right-of-way owned by ACHD; and the Developer or Homeowner’s Association apply for a license agreement if landscaping is to be placed within the median. 7.1.10 Provide pedestrian facilities, in alignment, on both sides of Grayson Street. 7.1.11 IF Daulby Street is constructed prior to the proposed Fonthill Street in the Castle Creek Subdivision; provide signage at the terminus of Daulby Street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE.” 7.1.12 Submit the bridge plans for the crossing of the Ten Mile Creek (Zopiro Way) for review and approval prior to the pre-construction meeting and final plat approval. 7.1.13 Payment of impact fees is due prior to issuance of a building permit. 7.2 Standard Conditions of Approval 7.2.1 All proposed irrigation facilities shall be located outside of the ACHD right-of-way (including all easements). Any existing irrigation facilities shall be relocated outside of the ACHD right -of-way including all easements). 7.2.2 Private Utilities including sewer or water systems are prohibited from being located within the ACHD right-of-way. 7.2.3 In accordance with District policy, 7203.3, the applicant may be required to update any existing non-compliant pedestrian improvements abutting the site to meet current Americans with Disabilities Act (ADA) requirements. The applicant’s engineer should provide documentation of ADA compliance to District Development Review staff for review. 7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.2.5 A license agreement and compliance with the District’s Tree Planter policy is required for all landscaping proposed within ACHD right-of-way or easement areas. 7.2.6 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. Meridian City Council Meeting Agenda June 5, 2018 – Page 420 of 868Meridian City Council Meeting Agenda June 19, 2018 – Page 114 of 365 Exhibit A 12 - 7.2.7 It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 7.2.8 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District’s Utility Coordinator at 387-6258 (with file numbers) for details. 7.2.9 All design and construction shall be in accordance with the ACHD Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Standards unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.2.10 Construction, use and property development shall be in conformance with all applicable requirements of ACHD prior to District approval for occupancy. 7.2.11 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant’s authorized representative and an authorized representative of ACHD. The burden shall be upon the applicant to obtain written confirmation of any change from ACHD. 7.2.12 If the site plan or use should change in the future, ACHD Planning Review will review the site plan and may require additional improvements to the transportation system at that time. Any change in the planned use of the property which is the subject of this application, shall require the applicant to comply with ACHD Policy and Standard Conditions of Approval in place at that time unless a waiver/variance of the requirements or other legal relief is granted by the ACHD Commission. Meridian City Council Meeting Agenda June 5, 2018 – Page 421 of 868Meridian City Council Meeting Agenda June 19, 2018 – Page 115 of 365 Exhibit A 13 - C: Legal Description & Exhibit Map for Annexation & Zoning Boundary Meridian City Council Meeting Agenda June 5, 2018 – Page 422 of 868Meridian City Council Meeting Agenda June 19, 2018 – Page 116 of 365 Exhibit A 14 - Meridian City Council Meeting Agenda June 5, 2018 – Page 423 of 868Meridian City Council Meeting Agenda June 19, 2018 – Page 117 of 365 Exhibit A 15 - D. Required Findings from Unified Development Code 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; The Applicant is proposing to annex the subject 14.80 acre property with an R-4 zoning district and develop 38 new single-family residential detached homes. Council finds proposed map amendment and development plan will comply with the provisions of the Comprehensive Plan and should be compatible with adjacent residential uses (see section VII above for more information). b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Council finds that the proposed map amendment to the R-4 zoning district is consistent with the purpose statement for the residential districts as detailed in Section VIII above. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; Council finds that the proposed zoning map amendment will not be detrimental to the public health, safety, or welfare. City utilities will be extended at the expense of the applicant. 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, 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 11-5B-3.E). Council finds annexing this property with an R-4 zoning district is in the best interest of the City. 2. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: a. The plat is in conformance with the Comprehensive Plan; Council finds that the proposed plat is in substantial compliance with the adopted Comprehensive Plan in regard to land use, transportation, and circulation and will be consistent with the density of the LDR FLUM designation if Council approves a step up in density for this site. Please see Comprehensive Plan Policies and Goals, Section VII, of the Staff Report for more information. Meridian City Council Meeting Agenda June 5, 2018 – Page 424 of 868Meridian City Council Meeting Agenda June 19, 2018 – Page 118 of 365 Exhibit A 16 - b. Public services are available or can be made available and are adequate to accommodate the proposed development; Council finds that public services will be provided to the subject property upon development. See Exhibit B of the Staff Report 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 development at their own cost, Council finds that the subdivision will not require the expenditure of capital improvement funds. d. There is public financial capability of supporting services for the proposed development; Council relies upon comments from the public service providers (i.e., Police, Fire, ACHD, etc.) to determine this finding. (See Exhibit B for more detail.) e. The development will not be detrimental to the public health, safety or general welfare; and Council is not aware of any health, safety, or environmental problems associated with the platting of this property. ACHD considers road safety issues in their analysis. Council considers any public testimony that may be presented when determining whether or not the proposed subdivision may cause health, safety or environmental problems of which Council is unaware. f. The development preserves significant natural, scenic or historic features. Council finds there are no significant natural, scenic or historic features associated with this property that need to be preserved with development of this site. Meridian City Council Meeting Agenda June 5, 2018 – Page 425 of 868Meridian City Council Meeting Agenda June 19, 2018 – Page 119 of 365