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Verado West MDA H-2018-0085 Development Agreement AddendumADA COUNTY RECORDER Christopher D. Rich 2019-000376 BOISE IDAHO Pgs=53 LISA BATT 01/03/2019 10:42 AM CITY OF MERIDIAN, IDAHO NO FEE PARTIES: 1. City of Meridian 2. C4 Land LLC, Owner 3. DevCo Development, LLC, Developer THIS ADDENDUM TO DEVELOPMENT AGREEMENT is dated this 2,r'd day 2-0 of (Ton(jor I 19,-2fftt-,rADDENDU`M"), by and between City of Meridian, a municipal corpoi'a ion of the State of Idaho ("CITY"), whose address is 33 E. Broadway Avenue, Meridian, Idaho 83642 and C4 Land LLC, ("OWNER"), whose address is 1590 N. Locust Grove Rd, Meridian, Idaho 83642 and DevCo Development, LLC, ("DEVELOPER"), whose address is 4824 W. Fairview Avenue, Boise, Idaho 83706. A. CITY and OWNER and/or DEVELOPER entered into that certain Development Agreement that was recorded on December 8, 2016 in the real property records of Ada County as Instrument No. 2016-119079 ("DEVELOPMENT AGREEMENT"). B. CITY and OWNER and/or DEVELOPER now desire to amend the Development Agreement, which terms have been approved by the Meridian City Council in accordance with Idaho Code Section 67-6511. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 1. OWNER/DEVELOPER shall be bound by the terms of the Development Agreement recorded in the records of Ada County as Instrument No. 2016-119079 as to the property described in Exhibit "A" and except as specifically amended as follows: 4. USESPERMITTEDBYTHISAGREEMENT. This Agreenient shall vest the right to develop the Property, in accordance with the terins and conditions of this Agreement. 4.1 The uses alloived pursuant to this Agreement are only those uses alloived under the UDC. 4.2 No change in the uses specified in this.Agreelnent shall be allowed without 7110dification of this Agreenient. ADDENDUM TO DEVELOPMENT AGREEMENT - VERADO WEST MDA H 2018-0085 Page I of 5 wit] M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J a n u a r y 2 , 2 0 1 9 – P a g e 2 0 0 o f 5 7 6 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J a n u a r y 2 , 2 0 1 9 – P a g e 2 0 1 o f 5 7 6 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER: C4 Land LLC By: DEVELOPER: DevCo Development, LLC By: A — A /,,-. V -V V V A' CITY OF MERIDIAN By: May Ta my de Weerd Q"- � '� I i w ay Coles, 'ty Clerk I" �r IDAHOE IDRIA C jQ�N O y� SEAL \P4 ADDENDUM TO DEVELOPMENT AGREEMENT - VERADO WEST MDA H 2018-0085 Page 4 of 5 Lg STATE OF IDAHO ss: County of Ada, On this _4� day of 2018, before me, the undersigned, a Notary Public in and for said State, personally appeared �' (.r C0AQe'.— , known or identified to me to be the Cis of C4 Land LLC, and acknowledged to me that he executed the same on behalf of said Corpo ation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first (SEAL) STATE OF IDAHO County of Ada, , 0 0 ��,.......�5'�rcP ?ZyMARY �S PUBLVG 110. see OF P • Notary Public for Idaho Residing at: &A 1 A My Commission Expires: On this S day of 2018, before me, the undersigned, a Notary Public in and for said State, personally appeared Z_ G-, { known or identified to me to be the Mw r— of DevCo Development, fLC, and acknowledged to me that lie executed the same on behalf of said Corporation. IN WITNESS WHEREOF e,1 j11y hereunto set my hand and affixed my official seal the day and year in this certificate first above •1�+4P NE JAS (SEAL) j.10TARy Notary Public for Idaho 7 Residing at`"c) I • ,t7 ,Q' My Commission Expires: STATE OF IDAHO ) County of Ada ) rid '2.01 q On this 2 day of ,121-b1B, before me, a Notary Public, personally appeared Tammy de Weerd and C.Jay Coles, kno 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 on 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 (UMMISSION 0673N Notary Public for dahc, NOTARY PUBLIC Residing at: �'( S 1,Qju alan 1,20L STATE OF IDAHO Commission expires: 3- 22 - 202'2 MY COMMISSION EXPIRES 3/28/12 ADDENDUM TO DEVELOPMENT AGREEMENT - VERADO WEST MDA H 2018-0085 Page 5 of 5 EXHIBIT A Meridian City Council Meeting Agenda January 2, 2019 – Page 204 of 576 Meridian City Council Meeting Agenda January 2, 2019 – Page 205 of 576 Meridian City Council Meeting Agenda January 2, 2019 – Page 206 of 576 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-0085 - 1 - CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for a Modification to the Existing Development Agreement for Verado Subdivision to Include the Subject Property in the Agreement; Annexation and Zoning of 19.44 Acres of Land with an R-15 Zoning District; and Preliminary Plat Consisting of 132 Building Lots and 18 Common Lots on 17.35 Acres of Land for Verado West Subdivision, by DevCo Development, LLC. Case No(s). H-2018-0085 For the City Council Hearing Date of: October 23, 2018 (Findings on November 7, 2018) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of October 23, 2018, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of October 23, 2018, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of October 23, 2018, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of October 23, 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 November 7, 2018 – Page 175 of 520 EXHIBIT B Meridian City Council Meeting Agenda January 2, 2019 – Page 207 of 576 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-0085 - 2 - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of October 23, 2018, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council’s authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant’s request for a modification to the development agreement, annexation and zoning, and preliminary plat is hereby approved per the conditions of approval in the Staff Report for the hearing date of October 23, 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. Meridian City Council Meeting Agenda November 7, 2018 – Page 176 of 520Meridian City Council Meeting Agenda January 2, 2019 – Page 208 of 576 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-0085 - 3 - 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 October 23, 2018 Meridian City Council Meeting Agenda November 7, 2018 – Page 177 of 520Meridian City Council Meeting Agenda January 2, 2019 – Page 209 of 576 By action of the City Council at its regular meeting held on the 71 day of N 0' 'Mb P 2018. COUNCIL PRESIDENT JOE BORTON VOTED COUNCIL VICE PRESIDENT LUKE CAVENER VOTED COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED COUNCIL MEMBER TY PALMER VOTED COUNCIL, MEMBER TREG BERNT VOTED_ COUNCIL MEMBER GENESIS MILAM VOTED MAYOR TAMMY de WEERD VOTED TIE BREAKER) Attest: C.Ja oles City Clerk C2 Mayor de Weerd Vv , m ity or w C> E IDIAN . IDAHO SEAL Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. By: Dated: 11-1-18 City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-0085 - 4 - Verado Wear Meridian City Council Meeting Agenda January 2, 2019 – Page 210 of 576 Verado West – MDA AZ PP H-2018-0085 PAGE 1 STAFF REPORT Hearing Date: October 23, 2018 TO: Mayor & City Council FROM: Sonya Allen, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Verado West – MDA, AZ & PP (H-2018-0085) I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, DevCo Development, LLC, has submitted applications for the following: Modification to the existing development agreement for Verado Subdivision to include the subject property in the agreement; Annexation & zoning of 19.44 acres of land with an R-15 zoning district; and, Preliminary Plat consisting of 132 building lots and 18 common lots on 17.35 acres of land in an R-15 zoning district. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed MDA, 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 Commission is not required to make a recommendation on the MDA application; City Council is the decision making body on this application. The Meridian Planning & Zoning Commission heard these items on September 20, 2018. At the public hearing, the Commission moved to recommend approval of the subject AZ and PP requests. a. Summary of Commission Public Hearing: i. In favor: Jim Conger, Conger Management Group (Applicant’s Representative); Will Dilmore ii. In opposition: Michael Simpson, Megan Izzo iii. Commenting: Chris Catherman, Paul Nielson, Chuck Catherman iv. Written testimony: Conger Management Group, Applicant’s Representative v. Staff presenting application: Sonya Allen, Bill Parsons vi. Other staff commenting on application: None b. Key issue(s) of Public Testimony: i. Concern pertaining to the routing of the lateral through this site and possible flooding to downstream users; ii. Need for an access via Locust Grove Rd. or Ustick Rd. to help disperse traffic – concern that traffic volumes will be too high going through existing neighborhoods; iii. Not enough transition in lot sizes along southern boundary of development; iv. Desire for single-story homes to be constructed instead of 2-story along the southern boundary of the development; v. Opinion that proposed density is too high, no personality or uniqueness to the proposed homes, eaves that don’t go all the way back, homes too close together (i.e. 3’ side setbacks too narrow). EXHIBIT A Meridian City Council Meeting Agenda November 7, 2018 – Page 179 of 520Meridian City Council Meeting Agenda January 2, 2019 – Page 211 of 576 Verado West – MDA AZ PP H-2018-0085 PAGE 2 c. Key Issues of Discussion by Commission: i. The Applicant’s request to pipe the South Slough that crosses the southeast corner of the site (Note: After the Commission hearing, a letter was received from NMID stating the South Slough was renamed to the Finch Lateral in 1994; as such, it’s not considered to be a creek/natural waterway that is required to be left open by UDC 11-3A-6); ii. Applicant’s proposal for units to be owner occupied, not rental units; iii. Which units/elevations will have eaves and which won’t (concept elevations all show eaves – no elevations were submitted for those without eaves); iv. Concern there isn’t sufficient parking provided on the site, specifically for guests; v. Location of open space at entry of development as opposed to further to the west in a more central location within the development as recommended by Staff; vi. Concern that an access via E. Ustick Rd. or N. Locust Grove Rd. is needed for the development so that traffic isn’t being funneled through adjacent neighborhoods ACHD estimates 1,246 trips per day generated from this development). d. Commission Change(s) to Staff Recommendation: i. Modification to condition #1.1.1C to require single-level homes along the southern boundary of the development. ii. Applicant should modify the proposed development plan as recommended by Staff per condition #1.1.6 prior to the City Council hearing. e. Outstanding Issue(s) for City Council: i. Staff deleted condition #1.1.5 pertaining to the South Slough per NMID’s letter discussed above in #c.i. The Meridian City Council heard these items on October 23, 2018. At the public hearing, the Council approved the subject MDA, AZ and PP requests. a. Summary of City Council Public Hearing: i. In favor: Will Dilmore, Chris Catherman, Chuck Catherman, Paul Nielsen, Andrew Newland, Richard Jeske, Paula Barrett ii. In opposition: None iii. Commenting: Brian Abbott iv. Written testimony: Bill Cassinelli, Chuck & Christine Catherman, Evan & Anna Lynn Frasure, Kimberly Porter v. Staff presenting application: Sonya Allen vi. Other staff commenting on application: None b. Key issue(s) of Public Testimony: i. Commitment by the Applicant that all homes on the street side at the ends of blocks will have eaves; ii. Concern pertaining to traffic flow through adjacent neighborhoods generated by the development with no direct access via Locust Grove Rd. or E. Ustick Rd.; iii. Preference for the South Slough/Finch Lateral to remain open and not be piped due to the wildlife habitat. c. Key Issues of Discussion by Council: i. The Applicant’s request to construct the street buffers along Locust Grove & Ustick Rds. in the second phase with the second phase of development rather than with the first phase as recommended by Staff; ii. Concern pertaining to the lack of variation in home types and building setbacks; iii. Relocation of the interior common area further to the west to be more central to the development as recommended by Staff; iv. The needed diversity in housing types that this product provides; Meridian City Council Meeting Agenda November 7, 2018 – Page 180 of 520Meridian City Council Meeting Agenda January 2, 2019 – Page 212 of 576 Verado West – MDA AZ PP H-2018-0085 PAGE 3 v. In favor of eaves all the way around the homes; vi. In favor of common maintenance throughout the development; d. Key Council Changes to Staff/Commission Recommendation i. Modify DA provision #5.1e to allow the street buffer along Locust Grove and Ustick Roads to be constructed with the phase of development in which it lies, rather than with the first phase of development; ii. Modify DA provision #5.1c to require minimum 1-foot wide fire rated eaves to be constructed on all four sides of structures within the development; iii. Include a new DA provision requiring CC&R’s to be recorded that require the HOA to be responsible for all landscape maintenance for each lot within the development (see provision #5.1h). iv. Delete condition #1.1.6 that requires an updated qualified open space exhibit to be provided with relocation of the common area to be more central to the development. An updated plan was submitted and Council did not require the common area to be relocated. III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2018- 0085, as presented in the staff report for the hearing date of October 23, 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-2018-0085, as presented during the hearing on October 23, 2018, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2018-0085 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 southeast corner of N. Locust Grove Rd. and E. Ustick Rd. at 3090 N. Locust Grove Rd., in the NW ¼ of Section 5, Township 3 North, Range 1 East. B. Owner(s): Brinegar Investments, L.P. 1590 N. Locust Grove Rd. Meridian, ID 83642 C. Applicant: DevCo Development, LLC 4824 W. Fairview Ave. Boise, ID 83706 D. Representative: Laren Bailey, DevCo Development, LLC 4824 W. Fairview Ave. Boise, ID 83706 E. Applicant's Statement/Justification: Please see applicant’s narrative for this information. Meridian City Council Meeting Agenda November 7, 2018 – Page 181 of 520Meridian City Council Meeting Agenda January 2, 2019 – Page 213 of 576 Verado West – MDA AZ PP H-2018-0085 PAGE 4 V. PROCESS FACTS A. The subject application is for a development agreement modification, annexation and zoning and preliminary plat. A public hearing is required before the Planning & Zoning Commission and City Council on the annexation and zoning and preliminary plat applications; a public hearing is only required before the City Council on the development agreement application, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: August 31, 2018 (Commission); October 5, 2018 (City Council) C. Radius notices mailed to properties within 300 feet on: August 24, 2018 (Commission); October 2, 2018 (City Council) D. Applicant posted notice on site(s) on: September 10, 2018 (Commission); October 12, 2018 (City Council) VI. LAND USE A. Existing Land Use(s) and Zoning: The subject property consists of rural residential/agricultural use, zoned RUT in Ada County. B. Character of Surrounding Area and Adjacent Land Use and Zoning: North: E. Ustick Rd. and single-family residential, zoned R-4 West: Single-family residential, zoned R-8 South: Single-family residential, zoned R-8 East: Rural residential, zoned RUT in Ada County; and future single-family residential, zoned R- 15 C. History of Previous Actions: None D. Utilities: 1. Location of sewer: Sanitary sewer mains intended to provide service to the project area, currently exist in the adjacent stub streets to the south and east. 2. Location of water: Domestic water mains intended to provide service to the project area, currently exist in the adjacent stub streets to the south and east 3. Issues or concerns: None E. Physical Features: 1. Canals/Ditches Irrigation: The South Slough runs across the southeast corner of this site. 2. Hazards: Staff is unaware of any hazards that may exist on this site. 3. Flood Plain: This site does not lie within the Meridian Floodplain Overlay District. VII. COMPREHENSIVE PLAN POLICIES AND GOALS The Comprehensive Plan Future Land Use Map (FLUM) designates this site as Medium Density Residential (MDR). The purpose of the MDR designation is to allow smaller lots for residential purposes within City limits. Uses may include single-family homes at gross densities of 3 to 8 dwelling units per acre d.u./acre). Meridian City Council Meeting Agenda November 7, 2018 – Page 182 of 520Meridian City Council Meeting Agenda January 2, 2019 – Page 214 of 576 Verado West – MDA AZ PP H-2018-0085 PAGE 5 The applicant proposes to develop this 17.35 acre site with 132 single-family residential detached and attached homes at a gross density of 7.6 dwelling units per acre (d.u./acre) and a net density of 12.32 units/acre consistent with the MDR FLUM designation. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed use (staff analysis in italics): 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 medium density development with single-family detached and attached homes will contribute to the variety of housing types in this area. Staff is unaware of how affordable” the homes will be. Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City.” (3.01.01F) City services are available and will be extended by the developer to the proposed lots with development of the site in accord with UDC 11-3A-21. Require new urban density subdivisions which abut or are proximal to existing low density residential land uses to provide landscaped screening or transitional densities with larger, more comparable lot sizes to buffer the interface between urban level densities and rural residential densities.” (3.05.02F) The proposed subdivision does not provide adequate transition in lot sizes to existing residential lots along the southern boundary of the development [i.e. 3 lots (or portions thereof) are proposed to every single (1) lot to the south]. Improve and protect creeks (Five Mile, Eight Mile, Nine Mile, Ten Mile, South Slough, and Jackson and Evans drainages) throughout commercial, industrial and residential areas.” 5.01.01E) The South Slough runs across the southeast corner of this site and should remain open and be protected during construction. Require common area in all subdivisions.” (3.07.02F) Because this site is over 5 acres in size, the UDC (11-3G-3) requires a minimum of 10% qualified open space to be provided within the development. The applicant is proposing 1.73 acres (or 10%) of qualified open space within the development (see Exhibit A.4). Because this property is being combined with the previous phase of the Verado development, staff believes additional open space should be required beyond the minimum of the 10 percent(see analysis below). Encourage infill development.” (3.04.02B) The proposed infill project is surrounded by City annexed land developed with single-family residential uses except for the small County parcel at the northeast corner of the site. Review new development for appropriate opportunities to connect local roads and collectors to adjacent properties (stub streets). (3.03.020) The proposed plat depicts the extension of existing and future stub streets at the south and east boundaries of the site. 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 November 7, 2018 – Page 183 of 520Meridian City Council Meeting Agenda January 2, 2019 – Page 215 of 576 Verado West – MDA AZ PP H-2018-0085 PAGE 6 Staff has coordinated with public works, police and fire and has incorporated their comments and conditions in this report. Develop pathways to connect Meridian with Boise, Nampa, Kuna and Eagle.” (6.01.02C) The Pathways Master Plan depicts a segment of the City’s multi-use pathway system adjacent to the South Slough at the southeast corner of the site; a multi-use pathway is proposed accordingly. VIII. UNIFIED DEVELOPMENT CODE (UDC) A. Purpose Statement of Districts: The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian comprehensive plan. Residential districts are distinguished by the dimensional standards of the corresponding zone and housing types that can be accommodated UDC 11-2A-1). B. Schedule of Use: UDC Table 11-2A-2 lists the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the R-15 zoning district. Any use not explicitly listed, or listed as a prohibited use is prohibited. Single-family detached and attached dwellings are principally permitted uses in the R-15 zoning district. C. Dimensional Standards: Development of the site should be consistent with the dimensional standards listed in UDC Tables 11-2A-7 for the R-15 zoning district. D. Landscaping: Landscaping shall be required in accordance with the standards listed in UDC 11- 3B-7C, Street Buffer Landscaping; and, 11-3G-3E, common open space areas. E. Off-Street Parking: Off-street parking is required in accord with UDC Table 11-3C-6 for single- family detached and attached dwellings. F. Structure and Site Design Standards: Development of the attached dwellings within this development must comply with the design standards listed in UDC 11-3A-19 and in the Architectural Standards Manual (ASM). IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: 1. Development Agreement (DA) Modification: The applicant proposes to modify the existing development agreement (Inst. #2016-119079) for Verado Subdivision to include the subject property in the agreement. The first two phases of Verado Subdivision exist to the east of the proposed development as shown on the map below. A legal description and exhibit map will need to be submitted that incorporates the overall Verado development. The existing DA provisions are included in Exhibit A.6; staff has proposed modifications in strike-out/underline format to accommodate the provisions associated Verado West subdivision. Meridian City Council Meeting Agenda November 7, 2018 – Page 184 of 520Meridian City Council Meeting Agenda January 2, 2019 – Page 216 of 576 Verado West – MDA AZ PP H-2018-0085 PAGE 7 2. Annexation & Zoning The applicant has applied for annexation and zoning of 19.44 acres of land with an R-15 zoning district. The proposed gross density of 7.6 dwelling units per acre is consistent with the MDR FLUM designation as discussed above in Section VII. The Applicant states the R-15 zoning district is requested specifically for the 3 foot side yard setback and not for an increase in density. The legal descriptions submitted with the application, included in Exhibit C, shows the boundaries of the property proposed to be annexed and rezoned. The property is contiguous to land that has been annexed into the City and is within the Area of City Impact boundary. The City may require a development agreement (DA) in conjunction with an annexation pursuant to Idaho Code section 67-6511A. Because there is an existing DA for the first two phases of the Verado development to the east (highlighted in green above) that the Applicant requests to amend with this application to include the subject property in the agreement, staff does not recommend a separate DA is required for the proposed annexation. 3. Preliminary Plat The proposed preliminary plat consists of 132 building lots and 18 common lots on 17.35 acres of land in a proposed R-15 zoning district. The subdivision is proposed to develop in two phases starting at the east end of the property. The minimum property size of the proposed building lots is 3,081 square feet (s.f.) with an average lot size of 3,573 s.f. Several of the lots in the southwest corner (Lots 52-54, Block 1) abut E. Kamay Court right-of way. Per UDC 11-6C-3A.1 through properties are prohibited except where it is shown that unusual conditions make it impossible to meet this requirement. Because this street is not proposed or required to be extended with this development, staff believes that there is an unusual circumstance. Prior to City signature on a final plat, the applicant shall include a note on the final plat that designates Lots 52-54, Block 1 (or any configuration of lots that abuts Kamay ROW) to take access from E. Stormy Drive. NOTE: As noted below, staff is requiring the applicant to provide transitional lots sizes Meridian City Council Meeting Agenda November 7, 2018 – Page 185 of 520Meridian City Council Meeting Agenda January 2, 2019 – Page 217 of 576 Verado West – MDA AZ PP H-2018-0085 PAGE 8 along the south boundary. If Commission supports the transition recommended by staff this would reduce the number of through lots. A mix of single-family detached and attached homes, but mostly attached, are proposed along the north and west boundaries of the site adjacent to Ustick & Locust Grove Roads; single- family detached homes are proposed internal to the development. Black Rock Homes is proposed to be the builder of homes within the proposed development and is proposing to construct homes from their Urban Collection; this design was used in Solterra, Sovi, Verado Estates (to the east), and Movado Greens developments. The internal detached homes are proposed to be 2-story and range in size from 1,377 to 1,850 square feet; the attached homes will be single-level and are designed to serve mature “empty nesters.” The detached homes proposed adjacent to arterial streets (i.e. Ustick and Locust Grove Roads) are also proposed to be a single-story in height. Transition in Lot Sizes to Existing Residential Lots: The proposed subdivision does not provide adequate transition in lot sizes to existing residential lots along the southern boundary of the development [i.e. 3 lots (or portions thereof) are proposed to every single (1) lot to the south]. Staff recommends more comparable lot sizes are proposed to existing lots along the southern boundary of the development; the plat should be revised accordingly. NOTE: During the project review meeting, several concerns were raised with the number of narrow lots and the impacts that it has to on-street parking (lessened due to the number of driveways in close proximity). In addition, narrow lots limits the variation in housing types and limits the homes being constructed on the lots from having varied step backs in building setbacks within the development to articulate and break up the front wall planes of structures visible from interior streets (all homes are constructed at the same setback with a garage dominated design that diminishes community character). The applicant is requesting that this development be combined with the previous phases to construct much of the same housing types. The Commission should determine if more variation in lot sizes is needed in this area to provide more housing diversity throughout the entire Verado development. Existing Structures: There are several existing structures on the site that are proposed to be removed. Removal of these structures should take place prior to signature on the final plat by the City Engineer for the phase in which they are located. Dimensional Standards: Development of this site is required to comply with the dimensional standards listed in UDC 11-2A-3B and 11-2A-7 for the R-15 district; and the subdivision design and improvement standards listed in UDC 11-6C-3. The maximum block face length allowed in residential districts is 750 feet without an intersecting street or alley. Where a pedestrian connection is provided, the maximum block face may extend up to 1,000 feet in length. The proposed block lengths comply with UDC standards. Traffic Impact Study (TIS): A TIS was not required by ACHD to be provided for this development. However, a traffic impact analysis was received from Daniel Thompson, Thompson Engineers, Inc., summarizing the traffic impact for the proposed subdivision based on information provided from the Applicant. Based on the information contained in the analysis, it’s the opinion of the traffic engineer that this development will not have a significant impact on the collector and local streets in the two subdivisions southeast of the intersection of Locust Grove and Ustick Roads. See complete letter in project file for more information. Meridian City Council Meeting Agenda November 7, 2018 – Page 186 of 520Meridian City Council Meeting Agenda January 2, 2019 – Page 218 of 576 Verado West – MDA AZ PP H-2018-0085 PAGE 9 Streets: All streets within this development are proposed to be public. North Chantilly Ave., an existing stub street at the south boundary of this site is proposed to be extended. There is another existing stub street (i.e. E. Kamay Ct.) that exists approximately 240 feet to the west that is not proposed or required to be extended with this development. Note: On-street parking will be diminished due to the number of driveways in close proximity of one another. Access: Access to streets is required to comply with the standards listed in UDC 11-3A-3 unless otherwise waived by City Council. No public street access is proposed to adjacent arterial streets (i.e. Locust Grove & Ustick); all access is provided through Verado Subdivision to the east and Chamberlain Estates Subdivision to the south. Common Driveways: Common driveways are required to comply with the standards listed in UDC 11-6C-3D. Common driveways are proposed on Lots 6, 39 and 51, Block 1. An exhibit is required to be submitted with the final plat application that depicts the setbacks, fencing, building envelope, and orientation of the lots and structures on lots accessed via the common driveway. If Lots 5, 40 and 52, Block 1 aren’t proposed to take access via the common driveway, the driveway on those lots should be located on the opposite site of the shared property line with the common driveway. A perpetual ingress/egress easement shall be filed with the Ada County Recorder, which shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment; a copy of said agreement shall be submitted to the Planning Division prior to City Engineer signature on the final plat. Lot 51, Block 1 abuts a common lot approved with the Chamberlain Estates Subdivision Lot 32, Block 2). This common lot also provides a pedestrian access to Locust Grove Road. Staff recommends that the applicant provide a pedestrian connection through Lot 51, Block 1 that connects to the common lot in Chamberlain Estates Subdivision for pedestrian interconnectivity between the two (2) developments. Parking: Off-street parking is required to be provided for single-family detached and attached homes as set forth in UDC Table 11-3C-6. Landscaping: Landscaping is required to be provided in the proposed development as set forth in UDC 11-3B-7C and 11-3G-3E. A landscape plan was submitted with this application for the area proposed to be platted as shown in Exhibit A.3. A minimum 25-foot wide buffer is required adjacent to N. Locust Grove Rd. and E. Ustick Rd., both arterial streets, as set forth in UDC Table 11-2A-7. A 4- to 5-foot tall berm on top of a retaining wall with a 6-foot tall vinyl fence is proposed with the street buffer which will screen the adjacent single-story homes from the street. Landscaping is required along all pathways as set forth in UDC 11-3B-12C. Open Space/Site Amenities: Single-family developments over 5 acres in size in residential districts are required to comply with minimum open space and site amenity requirements as set forth in UDC 11-3G-3. Based on the residential area (17.35 acres), a minimum of 10% (or 1.74 acres) qualified open space and one (1) qualified site amenity is required to be provided within the development. The applicant proposes a total of 10% (or 1.73 acres) of qualified open space consisting of internal common area, landscaping along a micro-path, and half of the street buffers along adjacent arterial streets (i.e. Ustick & Locust Grove Rds.) in accord with UDC standards as shown in Exhibit A.4. Meridian City Council Meeting Agenda November 7, 2018 – Page 187 of 520Meridian City Council Meeting Agenda January 2, 2019 – Page 219 of 576 Verado West – MDA AZ PP H-2018-0085 PAGE 10 While the proposed open space meets the minimum standards in the UDC, it’s not ideal as the common area is located clear at the east end at the entrance of the development; staff recommends it’s relocated further to the west to be more central to the development and more accessible to all residents. Further, due to the small lot sizes proposed within this development, staff recommends a minimum of an additional 8,000+/- square feet (or 0.18 of an acre) of common area is provided. This could be achieved by switching the locations (i.e. configuration) of Blocks 3 and 4 or 5 and losing two building lots resulting in a “through” common area. Note: The eligible open space depicted on the plat is incorrect. Qualified site amenities for the proposed development consist of a segment of the City’s multi-use pathway system along the southeast corner of the site adjacent to the South Slough and a 6,500+/- square foot dog park with seating areas in accord with UDC standards. Staff recommends an additional qualified site amenity is provided for this development such as a gazebo/covered picnic area with picnic tables or sports courts (or other comparable amenity). Parkways: No parkways are proposed in this development. Tree Mitigation: Mitigation is required for all existing trees 4” caliper or greater that are removed from the site with equal replacement of the total calipers lost on the site up to an amount of 100% replacement as set forth in UDC 11-3B-10C.5. Prior to removal of any trees on the site, the Applicant should contact the City Arborist, Elroy Huff (208-371-1755) to determine mitigation requirements. Mitigation information should be included on the landscape plan in accord with UDC 11-3B-10C.5. Pathways: Per the Pathways Master Plan, a segment of the City’s 10-foot wide multi-use pathway system is planned along the north side of the South Slough at the southeast corner of this site. A public pedestrian easement is required to be submitted to the Planning Division for the multi-use pathway. The easement should be submitted prior to City Engineer signature on the final plat for the phase in which it is located. Sidewalks: Sidewalks are required along all public streets as set forth in UDC 11-3A-17; detached sidewalks are required along all arterial streets and attached (or detached) sidewalks are required along local streets. Attached sidewalks exist along N. Locust Grove Rd. and along a portion of E. Ustick Rd.; detached sidewalk was constructed along the east portion of Ustick Rd.; because this is a fairly new sidewalk, staff does not recommend the attached portions are replaced with detached sidewalks. However, new sidewalk should be constructed where the curb cut for the existing home is located that is required to be removed with development. Where the existing sidewalk along Ustick Rd. is detached from the curb and gravel exists in the parkway, the gravel should be replaced with landscaping in accord with the standards listed in UDC 11-3B-7C. Utilities: All development is required to connect to the City water and sewer system unless otherwise approved by the City Engineer in accord with UDC 11-3A-21. Street lighting is required to be installed within the development in accord with the City’s adopted standards, specifications and ordinances. 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. Meridian City Council Meeting Agenda November 7, 2018 – Page 188 of 520Meridian City Council Meeting Agenda January 2, 2019 – Page 220 of 576 Verado West – MDA AZ PP H-2018-0085 PAGE 11 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. Waterways: The UDC (11-3A-6) requires natural waterways intersecting, crossing, or lying within the area being developed to remain as a natural amenity and not be piped or otherwise covered. The South Slough crosses the southeast corner of this site and is a natural waterway; as such, it is required to be protected during construction and remain open as a natural amenity and not be piped or otherwise covered. Smaller irrigation ditches that cross the site are required to be piped. The applicant is proposing to pipe the portion of the South Slough that crosses this site; in accord with UDC 11-3A-6, this waterway shall remain open and not be piped. An easement for the waterway should be depicted on the plat. Floodplain: This site is not within the floodplain. Fencing: All fencing is required to comply with the standards listed in UDC 11-3A-6B and 11-3A-7. Fencing along natural waterways shall not prevent access to the waterway. In limited circumstances and in the interest of public safety, larger open water systems may require fencing as determined by the City Council, Director and/or Public Works Director. Side yard fences that follow the side yard property line shall only be allowed where the side setback is 5 feet or greater. A 6-foot tall vinyl private fence is proposed around the perimeter of the development except for around the common area proposed at the southeast corner of the site where there is existing fencing that is proposed to remain. A small section of 6-foot tall black vinyl coated chainlink fence is proposed along the south boundary of the site adjacent to the South Slough where there is not existing fencing. A 5-foot tall wrought iron fence is proposed around the dog park (i.e. small dog area) and around the common area on Lot 1, Block 3. Building Elevations: The applicant has submitted two (2) conceptual building elevations for the proposed single-family detached homes depicting a mix of horizontal and vertical siding with stone/brick veneer accents as materials; and one (1) conceptual building elevation for the proposed single-family attached residential dwellings depicting horizontal siding with stone/brick veneer accents. The single-family attached units are required to comply with the design standards listed in the Architectural Standards Manual. Design Review: Administrative design review is required for all attached single-family homes. The design of the attached dwellings should be consistent with standards in the Architectural Standards Manual. In summary, Staff recommends approval of the proposed development agreement modification, annexation and preliminary plat requests for this site with the modified development agreement provisions and conditions listed in Exhibit A. 6 and Exhibit B of this report in accord with the findings contained in Exhibit D. X. EXHIBITS A. Drawings/Other 1. Vicinity/Zoning Map 2. Preliminary Plat & Phasing Plan (dated: 6/29/18, Revised 10/8/18) 3. Proposed Landscape Plan (dated: 7/18/18, Revised 10/11/18) 4. Qualified Open Space Exhibit for Verado West (REVISED) AND Exhibit Depicting Open Meridian City Council Meeting Agenda November 7, 2018 – Page 189 of 520Meridian City Council Meeting Agenda January 2, 2019 – Page 221 of 576 Verado West – MDA AZ PP H-2018-0085 PAGE 12 Space for the Entire Verado Development 5. Conceptual Building Elevations 6. Proposed Changes to Development Agreement 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 November 7, 2018 – Page 190 of 520Meridian City Council Meeting Agenda January 2, 2019 – Page 222 of 576 Verado West – MDA AZ PP H-2018-0085 PAGE 13 Exhibit A.1: Vicinity/Zoning Map Meridian City Council Meeting Agenda November 7, 2018 – Page 191 of 520Meridian City Council Meeting Agenda January 2, 2019 – Page 223 of 576 Verado West – MDA AZ PP H-2018-0085 PAGE 14 Exhibit A.2: Preliminary Plat & Phasing Plan (dated: 6/29/18, Revised 10/8/18) Meridian City Council Meeting Agenda November 7, 2018 – Page 192 of 520Meridian City Council Meeting Agenda January 2, 2019 – Page 224 of 576 Verado West – MDA AZ PP H-2018-0085 PAGE 15 Exhibit A.3: Proposed Landscape Plan (dated: 7/18/18, Revised 10/11/18) Meridian City Council Meeting Agenda November 7, 2018 – Page 193 of 520Meridian City Council Meeting Agenda January 2, 2019 – Page 225 of 576 Verado West – MDA AZ PP H-2018-0085 PAGE 16 Meridian City Council Meeting Agenda November 7, 2018 – Page 194 of 520Meridian City Council Meeting Agenda January 2, 2019 – Page 226 of 576 Verado West – MDA AZ PP H-2018-0085 PAGE 17 Exhibit A.4: Qualified Open Space Exhibit for Verado West (REVISED) AND Exhibit Depicting Open Space for the Entire Verado Development Meridian City Council Meeting Agenda November 7, 2018 – Page 195 of 520Meridian City Council Meeting Agenda January 2, 2019 – Page 227 of 576 Verado West – MDA AZ PP H-2018-0085 PAGE 18 Exhibit A.5: Conceptual Building Elevations Note: All structures are required to have 1-foot wide (fire rated) eaves on ALL sides. Meridian City Council Meeting Agenda November 7, 2018 – Page 196 of 520Meridian City Council Meeting Agenda January 2, 2019 – Page 228 of 576 Verado West – MDA AZ PP H-2018-0085 PAGE 19 Exhibit A.6: Proposed Changes to Development Agreement 4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right to develop the Property in accordance with the terms and conditions of this Agreement. 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under the UDC. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions: a. Except the public street access to E. Ustick Road, direct lot access to E. Ustick Road and N. Locust Grove Road, an arterial streets, is prohibited in accord with UDC 11-3A-3. [ Staff proposed modification] b. The applicant shall comply with the submitted home elevations attached in Exhibit A.4 of the Staff Report for Verado Subdivision in the Findings of Fact and Conclusions of Law attached hereto as Exhibit B. Future homes in Phases 1 and 2 adjacent to E. Ustick Road (Lots 2-10, Block 1, and Lots 2-10, Block 2) shall incorporate a mix of materials, windows and decorative trim, and two variations in the roof lines to provide articulation and modulation to the side and rear facades that face the arterial street. c. The applicant shall comply with the submitted home elevations attached in Exhibit A.5 (including the requirement for construction of 1-foot wide fire rated eaves on all four sides) of the Staff Report for Verado West Subdivision in the Findings of Fact and Conclusions of Law attached hereto as Exhibit B. [Staff proposed modification] d. As a natural waterway, tThe applicant shall obtain a waiver from City Council to UDC 11- 3A-6A in order for the South Slough to shall remain open and not be piped as set forth in UDC 11-3A-6B due to the large capacity of the facility. If a waiver is not obtained, the waterway is required to be piped. [Staff proposed modification] e. The landscape buffers along E. Ustick Road must be constructed with the first phase of development of Verado Subdivision. The landscape buffers along E. Ustick Road and N. Locust Grove Road in Verado West Subdivision shall be constructed with the first phase of development in which they lie of Verado West Subdivision. [Staff proposed modification] f. The developer shall provide the amenities in the overall Verado & Verado West Subdivisions within the central common area on Lot 8, Block 3, a segment of the City’s multi-use recreational pathway and pathways through internal common areas as proposed on the landscape plans in Exhibits A.3 of the Staff Reports in the Findings of Fact and Conclusions of Law attached hereto as Exhibit B, and in accord with the qualified site amenity requirements listed in UDC 11-3G-3C. [Staff proposed modification] g. Structures along adjacent arterial streets (i.e. E. Ustick Rd. and N. Locust Grove Rd.) are restricted to a single-story in height as proposed by the Developer, except for the following lots: Lots 9, 14, 18, 24, 31, 34, 42, 45, 50, Block 1. h. The developer shall record CC&R’s that require the HOA to be responsible for landscape maintenance of each of the lots within the Verado West development; a copy shall be Meridian City Council Meeting Agenda November 7, 2018 – Page 197 of 520Meridian City Council Meeting Agenda January 2, 2019 – Page 229 of 576 Verado West – MDA AZ PP H-2018-0085 PAGE 20 submitted to the Planning Division with the final plat application(s). AN AMENDED LEGAL DESCRIPTION IS REQUIRED TO BE SUBMITTED TO INCLUDE THE ANNEXATION AREA IN THE OVERALL DEVELOPMENT BOUNDARY SUBJECT TO THIS AGREEMENT Meridian City Council Meeting Agenda November 7, 2018 – Page 198 of 520Meridian City Council Meeting Agenda January 2, 2019 – Page 230 of 576 Verado West – MDA AZ PP H-2018-0085 PAGE 21 EXHIBIT B - AGENCY & DEPARTMENT COMMENTS/CONDITIONS 1. PLANNING DIVISION 1.1 Site Specific Conditions of Approval 1.1.1 The preliminary plat included in Exhibit A.2, dated 6/29/18, is approved subject to the following changes: a. The “eligible open space” depicted in the Site Data table is incorrect; revise accordingly consistent with the qualified open space standards listed in UDC 11-3G-3. b. Graphically depict the Irrigation District’s easement for the South Slough/Finch Lateral. c. The proposed subdivision does not provide adequate transition in lot sizes to existing residential lots along the southern boundary of the development [i.e. 3 lots (or portions thereof) are proposed to every single (1) lot to the south]. Staff recommends more comparable lot sizes are proposed to existing lots along the southern boundary of the development; the plat shall be revised accordingly. Homes along the southern boundary of the development shall be limited to a single-story in height; lots shall be reconfigured accordingly. d. Prior to City signature on a final plat, the applicant shall include a note on the final plat that designates Lots 52-54, Block 1 (or any configuration of lots that abuts Kamay ROW) to take access from E. Stormy Drive and restrict access to E. Kamay Ct in accord with UDC 11-6C- 3A.1. e. Lot 51, Block 1 abuts a common lot approved with the Chamberlain Estates Subdivision (Lot 32, Block 2). The applicant shall incorporate a 5-foot wide pedestrian pathway through Lot 51, Block 1 that directly connects to the common lot (Lot 32, Block 2) in Chamberlain Estates Subdivision for pedestrian interconnectivity between the two (2) developments. 1.1.2 The landscape plan included in Exhibit A.3, dated: 7/18/18, is approved subject to the following changes: a. Prior to removal of any trees on the site, the Applicant should contact the City Arborist, Elroy Huff 208-371-1755) to determine mitigation requirements; mitigation information shall be included on the plan in accord with UDC 11-3B-10C.5. b. The “eligible open space” depicted in the Development Data is incorrect; revise accordingly consistent with the qualified open space standards listed in UDC 11-3G-3. c. The curb cut for the existing home on Locust Grove Rd. shall be removed and sidewalk shall be extended in this area. d. Where the sidewalk is detached from the curb along E. Ustick Rd. and gravel exists in the parkway, the gravel shall be replaced with landscaping in accord with the standards listed in UDC 11 -3B-7C. 1.1.3 Common driveways are required to comply with the standards listed in UDC 11-6C-3D including, but not limited to the following: a. An exhibit shall be submitted with the final plat application that depicts the setbacks, fencing, building envelope, and orientation of the lots and structures on lots accessed via the common driveway. b. If Lots 5, 40, and 52, Block 1 aren’t using the abutting common driveways for access, the driveways on those lots shall be located on the opposite site of the shared property line with the common driveway; include the driveway location on the exhibit required above. c. A perpetual ingress/egress easement shall be filed with the Ada County Recorder, which shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment; a copy of said agreement shall be submitted to the Planning Division prior to City Engineer signature on the final plat. Meridian City Council Meeting Agenda November 7, 2018 – Page 199 of 520Meridian City Council Meeting Agenda January 2, 2019 – Page 231 of 576 Verado West – MDA AZ PP H-2018-0085 PAGE 22 1.1.4 Side yard fences that follow the side yard property line shall only be allowed where the side setback is 5 feet or greater per UDC 11-3A-7C.5. 1.1.5 The South Slough is a natural waterway and as such, shall remain open and not be piped as set forth in UDC 11-3A-6. 1.1.6 A minimum of 11% (or 1.91 acres) of qualified open space is required to be provided within the development. An updated plan shall be submitted to the Planning Division prior to the public hearing before the Commission City Council that depicts the minimum open space required and relocation of common area more central to the development as discussed in Section IX.3. 1.1.7 At a minimum, a 6,500+/- square foot small dog park with seating areas, a segment of the City’s multi- use pathway system and a gazebo/covered picnic area with picnic tables or sports courts (or other comparable amenity) shall be provided as amenities within the development in accord with UDC 11-3G- 3C. The Applicant committed to providing a shade structure at the Commission hearing. 1.1.8 Provide traffic calming near the intersection of E. Ringneck St. and N. Summerfield Way to slow traffic where the micro-path is proposed. 1.1.9 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-6C and 11-3A-7. 1.1.10 Removal of existing structures on the site shall take place prior to signature on the final plat by the City Engineer for the phase in which they are located. 1.1.11 A public pedestrian easement is required to be submitted to the Planning Division for the multi-use pathway on this site. The easement shall be submitted prior to City Engineer signature on the final plat for the phase in which it is located. 1.1.12 Because the rear and/or sides of 2-story homes constructed on lots that abut N. Locust Grove Rd. and E. Ustick Rd., both arterial streets, will be highly visible, these elevations should 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 adjacent public street. Single- story structures are exempt from this requirement. 1.1.13 A Certificate of Zoning Compliance and Design Review application is required to be submitted to the Planning Division for approval prior to submittal of building permits applications for all single-family attached structures on the site. All attached structures shall comply with the standards listed in the Architectural Standards Manual. 1.2 General Conditions of Approval 1.2.1 Comply with all bulk, use, and development standards of the R-15 zoning district listed in UDC Table 11-2A-7. 1.2.2 Comply with all provisions of 11-3A-3 with regard to access to streets. 1.2.3 Construct on-street bikeways on all collector streets as set forth in UDC 11-3A-5. 1.2.4 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set forth in UDC 11-3A-6. 1.2.5 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. 1.2.6 Comply with the sidewalk standards as set forth in UDC 11-3A-17. 1.2.7 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-5J. 1.2.8 Construct all off-street parking areas consistent with the standards as set forth in UDC 11-3C-6 for single-family dwellings. Meridian City Council Meeting Agenda November 7, 2018 – Page 200 of 520Meridian City Council Meeting Agenda January 2, 2019 – Page 232 of 576 Verado West – MDA AZ PP H-2018-0085 PAGE 23 1.2.9 Construct the required landscape buffers consistent with the standards as set forth in UDC 11-3B-7C. 1.2.10 Construct storm water integration facilities that meet the standards as set forth in UDC 11-3B-11C. 1.2.11 Construct all parkways consistent with the standards as set forth in UDC 11-3A-17E, 11-3G-3B5 and 11-3B-7C. 1.2.12 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. 1.2.13 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. 1.2.14 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 shall have an ongoing obligation to maintain all pathways. 1.3.6 The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. 1.3.7 The applicant and/or property owner shall have an ongoing obligation to maintain all landscaping and constructed features within the clear vision triangle consistent with the standards in UDC 11-3A-3. 1.4 Process Conditions of Approval 1.4.1 No signs are approved with this application. Prior to installing any signs on the property, the applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3 Article D and receive approval for such signs. 1.4.2 The applicant shall complete all improvements related to public life, safety, and health as set forth in UDC 11-5C-3B. A surety agreement may be accepted for other improvements in accord with UDC 11- 5C-3C. 1.4.3 The final plat, and any phase thereof, shall substantially comply with the approved preliminary plat as set forth in UDC 11-6B-3C2. 1.4.4 The applicant shall obtain approval for all successive phases of the preliminary plat within two years of the signature of the City Engineer on the previous final plat as set forth in UDC 11-6B-7B (if applicable). 1.4.5 The preliminary plat approval shall be null and void if the applicant fails to either 1) obtain the City Engineer signature on a final plat within two years; or, 2) gain approval of a time extension as set forth in UDC 11-6B-7. 1.4.6 Upon installation of the landscaping and prior to inspection by Planning Division staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. Meridian City Council Meeting Agenda November 7, 2018 – Page 201 of 520Meridian City Council Meeting Agenda January 2, 2019 – Page 233 of 576 Verado West – MDA AZ PP H-2018-0085 PAGE 24 2. PUBLIC WORKS DEPARTMENT 2.1 SITE SPECIFIC CONDITIONS OF APPROVAL 2.1.1 A street light plan will need to be included with each 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 2.1.2 Sanitary sewer and water mainline shall be designed within public right-of-ways. Service lines shall be extended into the shared driveway locations. Water meters shall be located at the right-of-way line. 2.1.3 Any existing sanitary sewer or water services that won’t be used as part of this development, will need to be abandoned per the Meridian Public Works Department’s Standards. 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 (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. Meridian City Council Meeting Agenda November 7, 2018 – Page 202 of 520Meridian City Council Meeting Agenda January 2, 2019 – Page 234 of 576 Verado West – MDA AZ PP H-2018-0085 PAGE 25 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 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 Meridian City Council Meeting Agenda November 7, 2018 – Page 203 of 520Meridian City Council Meeting Agenda January 2, 2019 – Page 235 of 576 Verado West – MDA AZ PP H-2018-0085 PAGE 26 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 Meridian City Council Meeting Agenda November 7, 2018 – Page 204 of 520Meridian City Council Meeting Agenda January 2, 2019 – Page 236 of 576 Verado West – MDA AZ PP H-2018-0085 PAGE 27 4. FIRE DEPARTMENT Fire Department Summary of Report: 1. Service Delivery Travel time from nearest fire station (level of service expectation = 5 minutes) This development is 1:00 minute from the nearest fire station (under ideal conditions). If approved, the Fire Department can meet the response time requirements. 2. Resource reliability Current reliability of closest fire station (expectation should be 85% or greater) This development is closest to Fire Station #4. Current reliability is 80% from this station and does not meets the targeted goal of 85% or greater. 3. Risk Identification Risk Factor (1=residential, 2=residential with hazards, 3=commercial, 4=commercial with hazards, 5=industrial) This proposed commercial development has a risk factor of 1, in which current resources would be adequate to supply service to this propose project. 4. Resources available Water Supply (list expectations) Water supply for this proposed development requires 1000 gallons per minute for one hour for up to 3,600 square foot residence. (Approximate – see appendix B of the 2015 International Fire Code) 5. Accessibility Roadway Access, traffic This project meets all required road widths and turnarounds. The subdivision will be limited to 30 building lots until a second access point is built. 6. Specialty needs a. Aerial device needed for development (more than 30’ in height)? i. If yes, is one available within a 10 minute travel time This proposed development will not require an aerial device. The closest truck company is 6 minutes travel time (in ideal conditions) to the proposed development, and therefore the Fire Department can meet this need in the required timeframe if a truck company is required. b. Other specialty needs (water rescue, hazmat, and technical rescue)? i. If yes, is one available within a 5 minute travel time? There are no specialty needs at this time. 7. Other Comments Project specific comments are listed below. Meridian City Council Meeting Agenda November 7, 2018 – Page 205 of 520Meridian City Council Meeting Agenda January 2, 2019 – Page 237 of 576 Verado West – MDA AZ PP H-2018-0085 PAGE 28 All IFC code sections per 2015 IFC or as noted*** RESOURCE AVAILABILITY - Fire Flow and Water Supply: 1. Fire Flow: 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 1 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. 2. Water Supply: Final Approval of the fire hydrant locations shall be by the Meridian Fire Department or their designee in accordance with International Fire Code Section (IFC) 508.5.4 as follows: a. Fire hydrants shall have a Storz LDH connection in place of the 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. ACCESSIBILITY - Fire Department Roadways, Access and Addressing: 3. Roadways: 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. Cul-D-Sacs shall be 96’ in diameter minimum and shall be signed “No Parking Fire Lane” per International Fire Code Sections 503.3 & D103.6. 4. Roadways: 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. Roadways: 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 80,000 GVW, per International Fire Code Section 503.2. 6. Roadways: Private Alleys and Fire Lanes shall have a 20’ wide improved surface capable of supporting an imposed load of 80,000 lbs. All roadways shall be marked “No Parking Fire Lane” per International Fire Code Sections 503.3 & D103.6. 7. Roadways: To increase emergency access to the site a minimum of two points of access Meridian City Council Meeting Agenda November 7, 2018 – Page 206 of 520Meridian City Council Meeting Agenda January 2, 2019 – Page 238 of 576 Verado West – MDA AZ PP H-2018-0085 PAGE 29 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 an additional stub street to the property. 8. Roadways: Buildings over 30’ in height are required to have access roads 26’ in width minimum in accordance with the International Fire Code Appendix D Section D105. 9. Roadways: The roadways shall be built to Ada County Highway District cross section standards and have a clear driving surface. Streets less than 26’ in width shall have no on- street parking; streets less than 32’ in width shall have parking only on one side. These measurements shall be based on the drivable surface dimension exclusive of shoulders. The roadway shall be able to accommodate an imposed load of 80,000 GVW as set forth in International Fire Code Section 503.2.1 and D103.6.1 and D103.6.2. 10. Roadways: ALLEY – In all cases, right of ways shall be a minimum of 20’ in width. The entrance to the alley from the public street shall provide a minimum twenty-eight foot (28’) inside and forty-eight foot (48’) outside turning radius. No parking shall be allowed on either side of the street. The minimum distance for alley accessed properties shall be 20’ from the face of a garage to the property line. (International Fire Code Section 503.4) 11. Roadways: 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 P r o t e ction IFC 503.4.1. 12. Access: Fire lanes, streets, and structures (including the canopy height of mature trees) shall have a vertical clearance of 13’6 as set forth in International Fire Code Section 503.2.1. 13. Access: 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. 14. Access: 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 is hydrant wrench activated or an approved equal. 15. Access: 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. SPECIALTY NEEDS/OTHER COMMENTS: Other Comments: Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set forth in International Fire Code Section 304.1.2. 5. REPUBLIC SERVICES 5.1 No comments received from this service provider. Meridian City Council Meeting Agenda November 7, 2018 – Page 207 of 520Meridian City Council Meeting Agenda January 2, 2019 – Page 239 of 576 Verado West – MDA AZ PP H-2018-0085 PAGE 30 6. PARKS DEPARTMENT 1. 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. 2. Prior to final approval, the applicant shall submit a public access easement for a multi-use pathway on the north side of the south slew, through subdivision common lot, 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). Use standard City template for public access easement. Easement checklist must accompany all easement submittals. 3. Prior to City Engineer signature on the final plat, the applicant shall depict a public access easement for the multi-use pathway(s) [described above] on the final plat. 4. Construct multi-use pathway per typical paving section(s) shown in the Meridian Pathways Master Plan Chapter 3. 5. 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. 6. 6’ high open vision fencing shall be installed between pathways and (live) water irrigation canals and laterals as detailed in the Meridian Pathways Master Plan, Chapter 3, page 3-5. All other fence details per UDC 11-3A-7. 7. Prior to constructing any pathway within an existing irrigation district easement, the applicant shall first consult with the district having jurisdiction to obtain a License Agreement and/or other required approvals. 8. Should any discrepancy exist between City of Meridian pathway conditions of approval and the requirements of the irrigation district, the developer shall work with Pathways Project Manager to achieve a pathway design that meets both City and irrigation district objectives. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 Site Specific Conditions of Approval 7.1.1 Dedicate right-of-way on Ustick Road to 2-feet behind the back of sidewalk, where it doesn’t already exist. 7.1.2 Dedicate right-of-way on Locust Grove Road abutting the site as follows: Dedicate 65-feet of right-of-way from centerline for the northernmost 100-feet of the site. The next 96-feet heading south should taper at an 8:1 ratio to 53-feet of right-of-way from centerline. The next 240-feet heading south should remain at 53-feet of right-of-way from centerline. The remainder of the site should taper down at a 50:1 ratio. 7.1.3 Replace any broken or deteriorated curb, gutter, or sidewalk on Ustick Road and Locust Grove Road abutting the site. 7.1.4 Construct Sharptail Street, Summermoon Avenue, Summerfield Way, Summerside Way and Chantilly Avenue as standard urban local streets, a 33-foot street section with rolled curb, gutter and 5-foot wide attached concrete sidewalk within 47-feet of right-of-way. 7.1.5 Construct Laugh Ridge Avenue, Ringneck Street, Stormy Drive and Summerbrook Avenue (shown in red) as reduced width local streets, a 27-foot street section, rolled curb, gutter and 5-foot wide attached concrete sidewalk within 41-feet of right-of-way. 7.1.6 Provide written fire department approval for use of the reduced width local street. Meridian City Council Meeting Agenda November 7, 2018 – Page 208 of 520Meridian City Council Meeting Agenda January 2, 2019 – Page 240 of 576 Verado West – MDA AZ PP H-2018-0085 PAGE 31 7.1.7 Install NO PARKING signs on the east side of Laugh Ridge Avenue, the north side of Ringneck Street, the south side of Stormy Drive and the west side of Summerbrook Avenue. 7.1.8 Close the existing driveways on Locust Grove Road with vertical curb, gutter and 7 -foot wide attached concrete sidewalk. 7.1.9 Construct bulb-outs at the intersection of Chantilly Avenue/Stormy Drive and Laugh Ridge Avenue/Sharptail Street. 7.1.10 Ustick Road is classified as a principal arterial roadway, Locust Grove Road is classified as a minor arterial roadway. Other than the access specifically approved with this application, direct lot access is prohibited to these roadways and shall be noted on the final plat. 7.1.11 Submit civil plans to ACHD Development Services for review and approval. The impact fee assessment will not be released until the civil plans are approved by ACHD. 7.1.12 Payment of impact fees is due prior to issuance of a building permit. 7.1.13 Comply with all Standard Conditions of Approval. 7.2 Standard Conditions of Approval 7.2.1 All proposed irrigation facilities shall be located outside of the ACHD right-of-way (including all easements). Any existing irrigation facilities shall be relocated outside of the ACHD right -of-way including all easements). 7.2.2 Private Utilities including sewer or water systems are prohibited from being located within the ACHD right-of-way. 7.2.3 In accordance with District policy, 7203.3, the applicant may be required to update any existing non- compliant pedestrian improvements abutting the site to meet current Americans with Disabilities Act ADA) requirements. The applicant’s engineer should provide documentation of ADA compliance to District Development Review staff for review. 7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.2.5 A license agreement and compliance with the District’s Tree Planter policy is required for all landscaping proposed within ACHD right-of-way or easement areas. 7.2.6 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.2.7 It is the responsibility of the applicant to verify all existing utilities within the right -of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 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. Meridian City Council Meeting Agenda November 7, 2018 – Page 209 of 520Meridian City Council Meeting Agenda January 2, 2019 – Page 241 of 576 Verado West – MDA AZ PP H-2018-0085 PAGE 32 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. 8. CENTRAL DISTRICT HEALTH DEPARTMENT Meridian City Council Meeting Agenda November 7, 2018 – Page 210 of 520Meridian City Council Meeting Agenda January 2, 2019 – Page 242 of 576 Verado West – MDA AZ PP H-2018-0085 PAGE 33 9. COMPASS Meridian City Council Meeting Agenda November 7, 2018 – Page 211 of 520Meridian City Council Meeting Agenda January 2, 2019 – Page 243 of 576 Verado West – MDA AZ PP H-2018-0085 PAGE 34 10. DEPARTMENT OF ENVIRONMENTAL QUALITY 1. Air Quality Please review IDAPA 58.01.01 for all rules on Air Quality, especially those regarding fugitive dust (58.01.01.651), trade waste burning (58.01.01.600-617), and odor control plans ( 58.01.01. 776). The property owner, developer, and their contractor(s) must ensure that reasonable controls to prevent fugitive dust from becoming airborne are utilized during all phases of construction activities per IDAPA 58.01.01.651. Per IDAPA 58.01.01.600-617, the open burning of any construction waste is prohibited. The property owner, developer , and their contractor(s) are responsible for ensuring no prohibited open burning occurs during construction. For questions, contact David Luff , Air Quality Manager, at 373-0550. 2. Wastewater and Recycled Water DEQ recommends verifying that there is adequate sewer to serve this project prior to approval. Please contact the sewer provider for a capacity statement, declining balance report, and willingness to serve this project. IDAPA 58.01.16 and IDAPA 58.01.17 are the sections of Idaho rules regarding wastewater and recycled water. Please review these rules to determine whether this or future projects will require DEQ approval. IDAPA 58.01.03 is the section of Idaho rules regarding subsurface disposal of wastewater . Please review this rule to determine whether this or future projects will require permitting by the district health department. All projects for construction or modification of wastewater systems require preconstruction approval. Recycled water projects and subsurface disposal projects require separate permits as well. DEQ recommends that projects be served by existing approved wastewater collection systems or a centralized community wastewater system whenever possible. Please contact DEQ to discuss potential for development of a community treatment system along with best management practices for communities to protect ground water . DEQ recommends that cities and counties develop and use a comprehensive land use management plan, which includes the impacts of present and future wastewater management in this area. Please schedule a meeting with DEQ for further discussion and recommendations for plan development and implementation . For questions , contact Todd Crutcher, Engineering Manager , at 373-0550. 3. Drinking Water DEQ recommends verifying that there is adequate water to serve this project prior to approval. Please contact the water provider for a capacity statement , declining balance report, and willingness to serve this project. IDAPA 58.01.08 is the section of Idaho rules regarding public drinking water systems. Please review these rules to determine whether this or future projects will require DEQ approval. Meridian City Council Meeting Agenda November 7, 2018 – Page 212 of 520Meridian City Council Meeting Agenda January 2, 2019 – Page 244 of 576 Verado West – MDA AZ PP H-2018-0085 PAGE 35 All projects for construction or modification of public drinking water systems require preconstruction approval. DEQ recommends verifying if the current and/or proposed drinking water system is a regulated public drinking water system (refer to the DEQ website at http://www .deg. idaho .qov/water -quality/drinking-water .aspx ) . For non-regulated systems , DEQ recommends annual testing for total coliform bacteria, nitrate, and nitrite. If any private wells will be included in this project, we recommend that they be tested for total coliform bacteria, nitrate, and nitrite prior to use and retested annually thereafter. DEQ recommends using an existing drinking water system whenever possible or construction of a new community drinking water system. Please contact DEQ to discuss this project and to explore options to both best serve the future residents of this development and provide for protection of ground water resources . DEQ recommends cities and counties develop and use a comprehensive land use management plan which addresses the present and future needs of this area for adequate , safe, and sustainable drinking water. Please schedule a meeting with DEQ for further discussion and recommendations for plan development and implementation. For questions, contact Todd Crutcher, Engineering Manager at 373-0550. 4. Surface Water A DEQ short-term activity exemption (STAE) from this office is required if the project will involve de-watering of ground water during excavation and discharge back into surface water, including a description of the water treatment from this process to prevent excessive sediment and turbidity from entering surface water. Please contact DEQ to determine whether this project will require a National Pollution Discharge Elimination System (NPDES) Permit. If this project disturbs more than one acre, a stormwater permit from EPA may be required. If this project is near a source of surface water, DEQ requests that projects incorporate construction best management practices (BMPs) to assist in the protection of Idaho's water resources . Additionally , please contact DEQ to identify BMP alternatives and to determine whether this project is in an area with Total Maximum Daily Load stormwater permit conditions . The Idaho Stream Channel Protection Act requires a permit for most stream channel alterations . Please contact the Idaho Department of Water Resources (IDWR), Western Regional Office, at 2735 Airport Way, Boise, or call 208-334-2190 for more information . Information is also available on the IDWR website at: http:llwww .idwr idaho.gov/WaterManaqement!StreamsDams!Streams/AiterationPermit!AiterationPermit .htm The Federal Clean Water Act requires a permit for filling or dredging in waters of the United States. Please contact the US Army Corps of Engineers , Boise Field Office, at 10095 Emerald Street, Boise, or call 208-345-2155 for more information regarding permits . For questions , contact Lance Holloway , Surface Water Manager , at 373-0550. Meridian City Council Meeting Agenda November 7, 2018 – Page 213 of 520Meridian City Council Meeting Agenda January 2, 2019 – Page 245 of 576 Verado West – MDA AZ PP H-2018-0085 PAGE 36 5. Hazardous Waste And Ground Water Contamination Hazardous Waste. The types and number of requirements that must be complied with under the federal Resource Conservations and Recovery Act (RCRA) and the Idaho Rules and Standards for Hazardous Waste (IDAPA 58.01.05) are based on the quantity and type of waste generated. Every business in Idaho is required to track the volume of waste generated determine whether each type of waste is hazardous , and ensure that all wastes are properly disposed of according to federal, state, and local requirements. No trash or other solid waste shall be buried, burned , or otherwise disposed of at the project site. These disposal methods are regulated by various state regulations including Idaho 's Solid Waste Management Regulations and Standards , Rules and Regulations for Hazardous Waste, and Rules and Regulations for the Prevention of Air Pollution . Water Quality Standards. Site activities must comply with the Idaho Water Quality Standards (IDAPA 58.01.02) regarding hazardous and deleterious-materials storage, disposal, or accumulation adjacent to or in the immediate vicinity of state waters (IDAPA 58.01.02.800); and the cleanup and reporting of oil-filled electrical equipment (IDAPA 58.01.02.849); hazardous materials (IDAPA 58.01.02.850); and used -oil and petroleum releases (IDAPA 58.01.02.851 and 852). Petroleum releases must be reported to DEQ in accordance with IDAPA 58.01.02.851.01 and 04. Hazardous material releases to state waters, or to land such that there is likelihood that it will enter state waters , must be reported to DEQ in accordance with IDAPA 58.01.02.850. Ground Water Contamination. DEQ requests that this project comply with Idaho's Ground Water Quality Rules (IDAPA 58.01.11), which states that "No person shall cause or allow the release , spilling, leaking , emission, discharge , escape, leaching , or disposal of a contaminant into the environment in a manner that causes a ground water quality standard to be exceeded, injures a beneficial use of ground water, or is not in accordance with a permit , consent order or applicable best management practice , best available method or best practical method ." For questions, contact Albert Crawshaw, Waste & Remediation Manager, at 373-0550. 6. Additional Notes If an underground storage tank (UST) or an aboveground storage tank (AST) is identified at the site, the site should be evaluated to determine whether the UST is regulated by DEQ. EPA regulates ASTs. UST and AST sites should be assessed to determine whether there is potential soil and ground water contamination. Please call DEQ at 373-0550, or visit the DEQ website http://www.deq.idaho.gov/waste-mgmt- remediationlstorage-tanks.aspx) for assistance. If applicable to this project, DEQ recommends that BMPs be implemented for any of the following conditions: wash water from cleaning vehicles, fertilizers and pesticides, animal facilities, composted waste, and ponds. Please contact DEQ for more information on any of these conditions. We look forward to working with you in a proactive manner to address potential environmental impacts that may be within our regulatory authority. If you have any questions, please contact me, or any our technical staff at 208-373-0550. Meridian City Council Meeting Agenda November 7, 2018 – Page 214 of 520Meridian City Council Meeting Agenda January 2, 2019 – Page 246 of 576 Verado West – MDA AZ PP H-2018-0085 PAGE 37 11. IDAHO TRANSPORTATION DEPARTMENT Development Application H-2018-0085 MDA, AZ, PP Project Name VERADO WEST SUBDIVISION Project Location 3090 North Locust Grove Road , west of SH-55 milepost 38.89 Project Description Modification to the Development Agreement for Verado Subdivision to include the subject property in the agreement; an annexation and zoning of 19.44 acres of land with R-15 zoning and a preliminary plat consisting of 132 building lots and 18 common lots Applicant DevCo Development LLC The Idaho Transportation Department (ITD) reviewed the referenced development agreement modification, annexation, zoning, and preliminary applications and has the following comments: 1. This project does not abut the State highway system. 2. Due to the size and proximity of this development to SH-55, ITD requests documentation of trip generations for full site build-out and may require a Traffic Impact Study (TIS) . 3. The City is reminded that the SH-55 (Eagle Road) corridor is already congested . This project will increase the number of vehicle trips in the corridor. As the City continues to add additional trips to the corridor through development, the congestion will worsen until the roadway system is ultimately overloaded and fails. ITD has no current funding assigned to mitigate traffic congestion in the SH-55 Eagle Road) corridor in this area . 4. Idaho Code 40-1910 does not allow advertising within the right-of-way of any State highway. 5. IDAPA 39.03.60 governs 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. 6. ITD objects to the proposed application due to traffic concerns. ITD will withdraw any objection to the proposed application once all traffic concerns have been addressed with ITD Staff. If you have any questions, you may contact Tom Haynes at (208) 334-8944 or me at (208) 332-7190. Sincerely, Ken Couch Development Services Coordinator Ken.Couch@itd.idaho.gov Meridian City Council Meeting Agenda November 7, 2018 – Page 215 of 520Meridian City Council Meeting Agenda January 2, 2019 – Page 247 of 576 2 - C. Legal Description & Exhibit Map for Annexation & Zoning Boundary Meridian City Council Meeting Agenda November 7, 2018 – Page 216 of 520Meridian City Council Meeting Agenda January 2, 2019 – Page 248 of 576 3 - Meridian City Council Meeting Agenda November 7, 2018 – Page 217 of 520Meridian City Council Meeting Agenda January 2, 2019 – Page 249 of 576 4 - D. Required Findings from Unified Development Code 1. Annexation and Rezone Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; The Applicant proposes to annex and zone 19.44 acres of land for the development of single-family attached and detached homes at a gross density of 7.6 7.38 units per acre which the City Council finds is consistent with the MDR FLUM designation in the Comprehensive Plan. (See section VII above for more information.) b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council finds that the proposed map amendment to the R-15 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; The City Council finds that the proposed map amendment will not be detrimental to the public health, safety, or welfare based on testimony and discussion at the public hearing. City utilities will be extended at the expense of the developer. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The City Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The annexation is in the best of interest of the City (UDC 11-5B-3.E). The City Council finds annexing the subject 19.44 acre property is in the best interest of the City if the developer complies with the development agreement provisions and conditions of approval in this report. 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; The City Council finds that the proposed plat is in conformance with the Comprehensive plan if the site is developed in accord with the conditions of approval in Exhibit B. (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; The City Council finds that public services are available and are adequate to serve the proposed development. (See Exhibit B of the Staff Report for more details from public service providers.) Meridian City Council Meeting Agenda November 7, 2018 – Page 218 of 520Meridian City Council Meeting Agenda January 2, 2019 – Page 250 of 576 5 - 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, the City Council finds that the subdivision will not require the expenditure of capital improvement funds. d. There is public financial capability of supporting services for the proposed development; Based on comments from public service providers in Exhibit B, the City Council finds there is public financial capability of supporting services for the proposed development. (See Exhibit B for more detail.) e. The development will not be detrimental to the public health, safety or general welfare; and The City Council finds the proposed development will not be detrimental to the public health, safety or general welfare based on testimony provided at the public hearing. ACHD considers road safety issues in their analysis. f. The development preserves significant natural, scenic or historic features. The City Council is unaware of any significant natural, scenic or historic features that exist on this site that need to be preserved. Meridian City Council Meeting Agenda November 7, 2018 – Page 219 of 520Meridian City Council Meeting Agenda January 2, 2019 – Page 251 of 576