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Entrata Farms , CUP, PP H-2018-0125nevewv,arrrrcxbemrzx 1, C�ofMwdw z. zrP u.c.m m.xn.. Damm, o.. nn YYerewe gPanma zno Aws a .w. o mm.e i� m vd, . mrs. h me bm.rm cin a m.;ei..,, mniiral mur Ye sm¢ N a,nw Awlbi raise CITY xb®s.ee.Iv v Eemavq n.mu zoi, �e��u�eaco I.xmeimm,am oevewPsa mdaPvg,wml.A.m®V ramp v.imyx,w.rv.mr.Ixgsbsl.mwm..�.a,m.nmewaa,..IZIu•^ao.es- w mcv xm..mm,aiwawxlars. r. r�wxaavwe, w mm.,ma.emin.amwm M orinam,n.cw�noin thi, wno.ee dmmm,if-. &A mall. NbneW IryM nfaiwrt .,ndmee M1mmee if.w mxn'm mn. ne.i..e..re.m n.. mm rnPe+ri,.e 12 Idem rade 9 mesi rn wwie••,i.,ar m,r. Mcwioma, smddmi a mnipq M, ev O++v me,m D.Wm , mm.meem mnmlMm,rmmdne ,em'M1^'^bP^>"o(1M1 Rm PmpryuN l� wxeeena,,cinn.ss.r.rmm'm.mevy.wv:nge.. m.mm„or mnq.�sm tms (vtt•�, .bi.b w.iapmma.gmomm.pwixemmnm�enewrmmmgat i. ww.aea&a.m..marsos.sbpn..<.mmine..giPi:v'im.wus R-15 medWm llim. enw�yswimilu9 wlug dwli , e..Iq cefe,.xi,b gm.xme y aeenw m. P�mwly ul be a dna ma wnerimo„*'emmm.x1 be n e;v wxaazns, o 111 eevw a.nop, m norcmme me, ue P.blm ..wmm mr ,M«dw Pl.minaezmmgeo,mme,m..mbero,e Ji,MmJ'w GryGwnul, nwno Po .ill4rc6ivilmdwM .m emw.illxm.a�me sine O nevewv,arrrrcxbemrzx 1, C�ofMwdw z. zrP u.c.m m.xn.. Damm, o.. nn YYerewe gPanma zno Aws a .w. o mm.e i� m vd, . mrs. h me bm.rm cin a m.;ei..,, mniiral mur Ye sm¢ N a,nw Awlbi raise CITY xb®s.ee.Iv v Eemavq n.mu zoi, �e��u�eaco I.xmeimm,am oevewPsa mdaPvg,wml.A.m®V ramp v.imyx,w.rv.mr.Ixgsbsl.mwm..�.a,m.nmewaa,..IZIu•^ao.es- w mcv xm..mm,aiwawxlars. r. r�wxaavwe, w mm.,ma.emin.amwm M orinam,n.cw�noin thi, wno.ee dmmm,if-. &A mall. NbneW IryM nfaiwrt .,ndmee M1mmee if.w mxn'm mn. ne.i..e..re.m n.. mm rnPe+ri,.e 12 Idem rade 9 mesi rn wwie••,i.,ar m,r. Mcwioma, smddmi a mnipq M, ev O++v me,m D.Wm , mm.meem mnmlMm,rmmdne ,em'M1^'^bP^>"o(1M1 Rm PmpryuN l� wxeeena,,cinn.ss.r.rmm'm.mevy.wv:nge.. m.mm„or mnq.�sm tms (vtt•�, .bi.b w.iapmma.gmomm.pwixemmnm�enewrmmmgat i. ww.aea&a.m..marsos.sbpn..<.mmine..giPi:v'im.wus R-15 medWm llim. enw�yswimilu9 wlug dwli , e..Iq cefe,.xi,b gm.xme y aeenw m. P�mwly ul be a dna ma wnerimo„*'emmm.x1 be n e;v wxaazns, o 111 eevw a.nop, m norcmme me, ue P.blm ..wmm mr ,M«dw Pl.minaezmmgeo,mme,m..mbero,e Ji,MmJ'w GryGwnul, nwno Po .ill4rc6ivilmdwM .m emw.illxm.a�me sine 1.6 WHEREAS, the record of the proceedings for the requested annexation and zoning of the Property held before the Planning & Zoning Commission, and subsequently before the City Council, includes responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and includes further testimony and comment; and 1.7 WHEREAS, on the 51' day of February, 2019, the Meridian City Council approved certain Findings of Fact and Conclusions of Law and Decision and Order ("Findings"), which have been incorporated into this Agreement and attached as Exhibit "B"; and 1.8 WHEREAS, the Findings require the Owner and/or Developers to enter into a Development Agreement before the City Council takes final action on final plat; and 1.9 WHEREAS, Owners and/or Developer deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and request; and 1.10 WHEREAS, City requires the Owners and/or Developers to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this Agreement, herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure zoning designation are in accordance with the amended Comprehensive Plan of the City of Meridian on October 11, 2016, Resolution No. 16-1173, and the UDC, Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho 83642. 3.2 OWNERS: means and refers to 2FP LLC, whose address is 1002 N. Happy Valley Rd., Nampa, ID 83689 and Mathew LeBaron, whose address is 1214 DEVELOPMENT AGREEMENT - ENTRATA FARMS (H-2018-0125 PAGE 2 OF 9 2" d Street S., Nampa, ID, 83651 the parties that own said Property and shall include any subsequent owner(s) of the Property. 3.3 DEVELOPER: means and refers to FIG Village at Parkside, LLC, whose address is 295 W. Center Street, Ste. 201, Provo, UT 84601, the party that is developing said Property and shall include any subsequent developer(s) of the Property. 3.4 PROPERTY: means and refers to that certain parcel(s) of Property located in the County of Ada, City of Meridian as described in Exhibit "A" describing the parcels to be re -zoned Medium -High Density Residential (R-15) zoning district and attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMIT'T'ED BY THIS AGREEMENT: This Agreement shall vest the right to develop the Property in accordance with the terms and conditions of this Agreement. 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under the UDC. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owners and/or Developer shall develop the Property in accordance with the following special conditions: a. Future development of this site shall be generally consistent with the preliminary plat, site plan, landscape plan, open space exhibit, building elevations/floor plans included in Section V11, and the provisions contained herein. b. The Kennedy Lateral was previously approved by City Council with the final plat for Umbria Subdivision (FP -06-011), the development to the east, to remain open and not be piped due to its large capacity. c. The City Council approved a waiver to UDC 11 -3A -6B to allow the Purdam Drain to remain open and not be piped or otherwise covered due to its large capacity and due to it not being located entirely on this site. d. Site amenities and open space shall be provided within the development in accord with the qualified open space exhibit in Section VI1.E and amenities shown on the site plan in Section VII.B in accord with the standards listed in UDC 11-3G-3 and 11-4-3-27C, D. e. The applicant shall have one management company handle the leasing and maintenance of the entire project to ensure better overall consistent management of the development. 6. COMPLIANCE PERIOD This Agreement must be fully executed within six (6) months after the date of the Findings for the annexation and zoning or it is null and void. DEVELOPMENT AGREEMENT -ENTRATA FARMS (H-2018-0125 PAGE 3 OF 9 7. DEFAULT/CONSENT TO DE -ANNEXATION AND REVERSAL OF ZONING DESIGNATION: 7.1 Acts of Default. Either party's failure to faithfully comply with all of the terms and conditions included in this Agreement shall constitute default under this Agreement. 7.2 Notice and Cure Period. In the event of Owners and/or Developer's default of this Agreement, Owners and/or Developer shall have thirty (30) days from receipt of written notice from City to initiate commencement of action to correct the breach and cure the default, which action must be prosecuted with diligence and completed within one hundred eighty (180) days; provided, however, that in the case of any such default that cannot with diligence be cured within such one hundred eighty (180) day period, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 7.3 Remedies. In the event of default by Owners and/or Developer that is not cured after notice as described in Section 7.2, Owners and/or Developer shall be deemed to have consented to modification of this Agreement and de - annexation and reversal of the zoning designations described herein, solely against the offending portion of Property and upon City's compliance with all applicable laws, ordinances and rules, including any applicable provisions of Idaho Code §§ 67-6509 and 67-6511. Owners and/or Developer reserve all rights to contest whether a default has occurred. This Agreement shall be enforceable in the Fourth Judicial District Court in Ada County by either City or Owners and/or Developer, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 7.4 Delay. In the event the performance of any covenant to be performed hereunder by either Owners and/or Developer or City is delayed for causes that are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 7.5 Waiver. A waiver by City of any default by Owners and/or Developer of any one or more of the covenants or conditions hereof shall apply solely to the default and defaults waived and shall neither bar any other rights or remedies of City nor apply to any subsequent default of any such or other covenants and conditions. 8. INSPECTION: Owners and/or Developer shall, immediately upon completion of any portion or the entirety of said development of the Property as required by this Agreement or by DEVELOPMENT AGREEMENT-ENTRATA FARMS (H-2018-0125) PAGE 4 OF 9 City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Agreement and all other ordinances of the City that apply to said Property. 9. REQUIREMENT FOR RECORDATION: City shall record this Agreement, including all of the Exhibits, and submit proof of such recording to Owner and/or Developer, prior to the third reading of the Meridian Zoning Ordinance in connection with the re -zoning of the Property by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby, the City shall execute and record an appropriate instrument of release of this Agreement. 10. ZONING: City shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. 11. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under the UDC, to insure the installation of required improvements, which the Owner and/or Developeragree to provide, if required by the City. . 12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the City, or sufficient surety of performance is provided by Owners and/or Developer to the City in accordance with Paragraph 11 above. 13. ABIDE BY ALL CITY ORDINANCES: That Owners and/or Developer agree to abide by all ordinances of the City of Meridian unless otherwise provided by this Agreement. 14. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: City Clerk City of Meridian 33 E. Broadway Ave. Meridian, Idaho 83642 OWNERS: 2FP LLC 1002 N. Happy Valley Rd. Nampa, ID 83689 Matthew LeBaron 1214 2nd St. South Nampa, ID 83651 with copy to: City Attorney City of Meridian 33 E. Broadway Avenue Meridian, ID 83642 DEVELOPER: FIG Village at Parkside, LLC 295 W. Center St., Ste. 201 Provo, UT 84601 DEVELOPMENT AGREEMENT- ENTRATA FARMS (H-2018-0125 PAGE 5 OF 9 14.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owners and/or Developer, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owners and/or Developer, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined that Owner and/or Developer have fully performed their obligations under this Agreement. 18. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided, each party shall act reasonably in giving any consent, approval, or taking any other action under this Agreement. 20. COOPERATION OF THE PARTIES: In the event of any legal or equitable action or other proceeding instituted by any third party (including a governmental entity or official) challenging the validity of any provision in this Agreement, the parties agree to cooperate in defending such action or proceeding. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owners and/or Developer and City relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owners and/or Developer and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. DEVELOPMENT AGREEMENT -ENTRATA FARMS (H-2018-0125 PAGE 6 OF 9 Meridian City Council Meeting Agenda March 12, 2019 – Page 125 of 480 Meridian City Council Meeting Agenda March 12, 2019 – Page 126 of 480 21.1 No condition governing the uses and/or conditions governing re -zoning of the subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. [end of text; signatures, acknowledgements, and Exhibits A and B follow] ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. NERN: LLC By: 4A2' ;3'-1 Matthew LeBaron DEVELOPER: FIG Village at Parkside By: CITY OF MERIDIAN Toe 3o► --I, Cbunc� l �r-esiclen-�-. Go�Q0RATEoA1,Q TTEST- iiVUr t° IDjA . ID'q"o Coles, SEAL TRE ity Clerk DEVELOPMENT AGREEMENT - ENTRATA FARMS (H-2018-0125) PAGE 7 OF 9 Meridian City Council Meeting Agenda March 12, 2019 – Page 128 of 480 Meridian City Council Meeting Agenda March 12, 2019 – Page 129 of 480 Meridian City Council Meeting Agenda March 12, 2019 – Page 130 of 480 STATE OF IDAHO ss County of Ada r7 ) On this L day of 1 A arch , 2019, before me, a Notary Public, personally appeared Joe ar��e-VVmM and C.Jay Coles, know or identified to me to be the Mayor and Clerk, respectively, of the City of �unGi Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and 9,CC5361- 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. �SARLENE WAY Notary Public for Idaho Residing at: � P itt 'an COMMISSION 067390 Commission expires:.3 01').F 0D0 NOTARY PUBLIC STATE OF IDAHO MY COMMISSION EXPIRES 3/28/22 DEVELOPMENT AGREEMENT - ENTRATA FARMS (14-2018-0125) PAGE 9 OF 9 EXHIBIT A Annexation & Zoning Legal Description and Exhibit Map Project Not 170270 Date; tvlareh 26, 2018 Page 1 of I T-0 ENGINEERS ANNEXATION I)PSCRIPTION For tho City of Meridian A parcol of landlooated in the SW114 of the,913114 and the EV2 of thv SW UM of Section 10i ToWiishlp 3 North, mango i West, BI iso Meridian, City of Wr[dian, Asia County, Idaho, itiurt partlouiarly described as ibllows; lwGINNIING at the South one-quarter corner oftaid Section 10, thence, altitig the south boundary of said SW 114 of the S81143 1) $.89015'22"1,, 932.21 feet, thettee, 2) K00044'391'., 25.00 foot to tilt centerline of the Kennedy 1,ator41and iho southwest corner of%t 1, Block I of Umbrin;;ubdivislon, recorded in hook 101 of Pints. at Pages; 13200- 11204i records of Ada County; Idaho; thence, along said centerline and the exterior boundary of staid Umbria Subdivislon the following Bourses; 3) K4iq38'41"W„299,97 reel, thence, 4) N,401150141"W., 300,00 f ot; thence, 5) N.38641141 `�W., 490.01 feet, thence, 6) N11021141"W,, 690.01 feet; tltcnco, �) N.429S7'4 t "V1i., 99,5' feet; tltencc, (caving saki centerline and said extarior bout>iary, 8} 8,KO34'38"W„ 1409.39 feet to the south boundary of said Mi2.(if tho SWI/41 thence uloid; said boundary, 9) 221,76 feet to the POINT OF t3RGINNING, CON'TAININOp 19,07 at;res, more or festa, )32 N OraesdrtiOtn Way Nampti, ID 030(17 Phan= 1200) 442-0300 Nix t2$01 4MV044 'tnfoi�ta an{„isx rn.vam tri•,i,ry{kir:tsrh.umn lvI{rtic{„ 1 Trannparidiiiin t t,0nrt dpvptcipniarrtt i:,9ciritpipa9 t V,lntpr Raaocirpr'p t �urvnytnu I Lnnt{ecvNe nrettitauture Entrata Farms H-2018-0125 EXHIBIT A Annexation & Zoning Legal Description and Exhibit Map ANNrEXATION EXHIBIT SKETCH LobATW IN TI•IE $WV4 OF THE 8I=114 AND -we E112 OF THE SW1/4 OF SEGTIoN 10{ TOWNSHIP 3 NORTH, MANGE 4 WEST, BOISE MERIDIAN, AI7A 0OUNTY, IDAHO 2016 N42'67'41"W 99.8" a t40 0 iw go 4. 221.76 N 18,0"1 �1i:►2�5 `Y " �a�tJ•��� �4�1 2zr.7 ' NON '38"E qp 11J i�C7ItJTF �EGINt , 23.00'x. , 10 11 ?418.92 82,2t_ 1108.48 $691520E 2640,6w Lit 14 16 16 W. FRANKLIN M b� 137 7M0 ENGINI MR5 0Its4' 332 M. BROADMOR5 WAY NAMPA, IDAHO 03087.6123 MOM: (M) 442-000 FAX, (20U) 400-0044 01 fakr 1)Mft,4" X aTpopiml now Entrata Farms H-2018-0125 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-0125 - 1 - CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for Annexation and Zoning of 19.07 Acres of Land with an R-15 Zoning District; Conditional Use Permit for a Multi-Family Development Consisting of 238 Dwelling Units in the R-15 Zoning District; and Preliminary Plat Consisting of 67 Building Lots and 3 Common Lots on 18.18 Acres of Land in the R-15 Zoning District for Entrata Farms, by FIG Village at Parkside, LLC. Case No(s). H-2018-0125 For the City Council Hearing Date of: January 22, 2019 (Findings on February 5, 2019) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of January 22, 2019, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of January 22, 2019, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of January 22, 2019, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of January 22, 2019, 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 February 5, 2019 – Page 376 of 736 EXHIBIT B Meridian City Council Meeting Agenda March 12, 2019 – Page 134 of 480 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-0125 - 2 - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of January 22, 2019, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council’s authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant’s request for Annexation and Zoning, Conditional Use Permit, and Preliminary Plat is hereby approved with the requirement of a Development Agreement per the provisions in the Staff Report for the hearing date of January 22, 2019, 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 Conditional Use Permit Duration Please take notice that the conditional use permit, when granted, shall be valid for a maximum period of two (2) years unless otherwise approved by the City. During this time, the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting, the final plat must be signed by the City Engineer within this two (2) year period. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-5B-6.G.1, the Director may authorize a single extension of the time to commence the Meridian City Council Meeting Agenda February 5, 2019 – Page 377 of 736Meridian City Council Meeting Agenda March 12, 2019 – Page 135 of 480 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-0125 - 3 - use not to exceed one (1) two (2) year period. Additional time extensions up to two (2) years as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the conditional use comply with the current provisions of Meridian City Code Title 11(UDC 11-5B-6F). Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s) and returned to the city within six (6) months of the city council granting the modification. A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six (6) month approval period. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, 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 January 22, 2019 Meridian City Council Meeting Agenda February 5, 2019 – Page 378 of 736Meridian City Council Meeting Agenda March 12, 2019 – Page 136 of 480 By action of the City Council at its regular meeting held on the day of -Q b 2019. COUNCIL PRESIDENT JOE BORTON VOTED h_ 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 MIL,AM VOTED MAYOR TAMMY de WEERD VOTED TIE BREAKER) Mayor Ta y Weerd Attest: QO pTeu AUovs o r l ECily of IDIAN w C.J Cole <=0 City Clerk SEAL Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. By: 0 1 WW40" Dated: City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-0125 - 4 - Meridian City Council Meeting Agenda March 12, 2019 – Page 137 of 480 Page 1 HEARING DATE: 1/22/2019 TO: Mayor & City Council FROM: Sonya Allen, Associate Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: H-2018-0125 Entrata Farms LOCATION: 3880 & 3882 W. Franklin Rd. N. side of W. Franklin Rd., midway between Ten Mile and Black Cat Roads, in a portion of the south ½ of Section 10, T.3N., R.1W.) I. PROJECT DESCRIPTION The following applications were submitted for the proposed development: Annexation and zoning of 19.07 acres of land with an R-15 zoning district; Conditional use permit for a multi-family development consisting of 238 dwelling units on 18.18 acres of land in an R-15 district; Preliminary plat consisting of 67 building lots and 3 common lots on 18.18 acres of land in the R-15 zoning district for Entrata Farms Subdivision; and, Private street II.SUMMARY OF REPORT A. Project Summary STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT Description Details Page Acreage 18.18 Future Land Use Designation HDR (high density residential) Existing Land Use Rural residential/agricultural Proposed Land Use(s) MFR (multi-family residential development) Current Zoning RUT in Ada County Proposed Zoning R-15 Lots (# and type; bldg/common) 70 total lots; 67 building lots/3 common lots Phasing plan (# of phases) 2 EXHIBIT A Meridian City Council Meeting Agenda February 5, 2019 – Page 380 of 736Meridian City Council Meeting Agenda March 12, 2019 – Page 138 of 480 Page 2 Number of Residential Units (type of units) 238 (multi-family dwellings); varying designs of townhome style units Density (gross & net) 13.09/14.07 Open Space (acres, total [%] / buffer / qualified) 6.15 acres (33.8%) consisting of ½ the street buffer along Franklin Rd., an arterial street; and common area within site Amenities See Section V for complete information 8 Physical Features (waterways, hazards, flood plain, hillside) The Kennedy Lateral runs along the east boundary; and the Purdam Drain runs along the southwest corner of the site. Neighborhood meeting date; # of attendees: 10/12/18; 1 attendee (the Applicant) History (previous approvals) H-2018-0032 (denied) Meridian City Council Meeting Agenda February 5, 2019 – Page 381 of 736Meridian City Council Meeting Agenda March 12, 2019 – Page 139 of 480 Page 3 B. Community Metrics Meridian City Council Meeting Agenda February 5, 2019 – Page 382 of 736Meridian City Council Meeting Agenda March 12, 2019 – Page 140 of 480 Page 4 Description Details Page Ada County Highway District Staff report (yes/no) Yes Requires ACHD Commission Action yes/no) No Access (Arterial/Collectors/State Hwy/Local)(Existing and Proposed) 1) Full access and (1) emergency access via W. Franklin Rd., an arterial street; (1) access via W. Perugia St., a local street Traffic Level of Service Better than “E” which is an acceptable level of service Stub Street/Interconnectivity/Cross Access W. Perugia St. stubs at the west boundary; an emergency access is proposed at the west boundary from private street K” north of Perugia Existing Road Network The entry street, N. Entrata Way, and W. Perugia St. are public streets; all other internal streets are private Existing Arterial Sidewalks / Buffers A sidewalk exists along W. Franklin Rd.; there are no existing buffers Proposed Road Improvements Fire Service Distance to Fire Station 2.8 miles (Fire Station #2) Fire Response Time 5 minutes (under ideal conditions) Resource Reliability 80% (does not meet target goal of 85% or greater) Risk Identification 1=residential Accessibility Project meets all required road widths and turnarounds. Parking is always a concern. Special/resource needs Project will not require an aerial device. Water Supply 1500 gal./minute for 2 hours required Police Service Distance to Police Station 4 miles Police Response Time 6 minutes Calls for Service Between 11/1/17-10/31/18 PD responded to 464 calls for service within a mile of the proposed development. of calls for service split by priority See PD comments in Section VIII. D Accessibility No issues Specialty/resource needs None Crimes 161 Crashes 20 Other Reports The PD already serves this area; the applicant has addressed all concerns and there are no outstanding issues for PD Wastewater Distance to Sewer Services 0 Feet Sewer Shed N/A - still determining the sewer shed names Estimated Project Sewer ERU’s 238 WRRF Declining Balance 13.57 MGD - as of 12/14/18, it was less at the time this application was submitted Project Consistent with WW Master Plan/Facility Plan Yes Water Distance to Water Services 0 Meridian City Council Meeting Agenda February 5, 2019 – Page 383 of 736Meridian City Council Meeting Agenda March 12, 2019 – Page 141 of 480 Page 5 C. Project Area Maps Pressure Zone 2 Estimated Project Water ERU’s See application information Water Quality Concerns None Project Consistent with Water Master Plan YEs Impacts/Concerns See Site Specific Conditions of Approval Grocery Store 1.3 miles away (Albertson’s) COMPASS (Communities in Motion 2040 2.0) See Section VIII.H Future Land Use Map Aerial Map Zoning Map Planned Development Map Meridian City Council Meeting Agenda February 5, 2019 – Page 384 of 736Meridian City Council Meeting Agenda March 12, 2019 – Page 142 of 480 Page 6 III. APPLICANT INFORMATION A. Applicant: FIG Village at Parkside, LLC – 295 W. Center St., Ste. 201, Provo, UT 84601 B. Owners: 2FP LLC – 1002 N. Happy Valley Rd., Nampa, ID 83689 Mathew LeBaron – 1214 2nd St. S., Nampa, ID 83651 C. Representative: Kent Brown, Kent Brown Planning – 3161 E. Springwood Dr., Meridian, ID 83642 IV. NOTICING Planning & Zoning Posting Date City Council Posting Date Legal notice published in newspaper 10/30/2018 1/4/2019 Radius notification mailed to properties within 300 feet 11/27/2018 1/7/2019 Nextdoor posting 11/27/2018 1/7/2019 Public hearing notice sign posted on property 12/9/2018 1/12/2019 V. STAFF ANALYSIS A. Comprehensive Plan (Comprehensive Plan); Specific Area Plan (TMISAP pg. 3-7) TEN INTERCHANGE SPECIFIC AREA PLAN (TMISAP) The subject property is located in the area governed by the TMISAP which focuses on developing an area that has an identity of its own but which links to nearby developments. The plan emphasizes the community’s support for higher densities and mixed uses to create a vibrant and economically strong city. The plan also stresses the community’s commitment to good site planning and design as a means of establishing a place everyone can be proud of and one that protects the interests of future businesses and residents. LAND USE: HDR (High Density Residential) – HDR designated areas in the Ten Mile Area are multiple-family housing areas where relatively larger and taller apartment buildings are the recommended building type. A mix of housing types should be included that achieve an overall average density target of at least 16-25 dwelling units per acre with a range of 15 to 40 units per acre. Most developments should fall within or below this range, although smaller areas of higher or lower density may be included. The design and orientation of new high density residential buildings should be pedestrian- oriented, and special streetscape improvements should be considered to create rich and enjoyable public spaces. The Applicant requests Council approval of a “step” down in density from HDR (15+ units/acre) to MHDR (medium high density residential) (8-15 units/acre). The reason for the request is due to Council’s denial of the previous application for this site, which had a gross density of 15.3 Meridian City Council Meeting Agenda February 5, 2019 – Page 385 of 736Meridian City Council Meeting Agenda March 12, 2019 – Page 143 of 480 Page 7 units/acre. The Applicant has redesigned the site in accord with the concerns noted by the Council at the previous hearing (see Applicant’s narrative for more information). MHDR (Medium High-Density Residential): MHDR designated areas allow for the development of a mix of relatively dense residential housing types including townhomes, condominiums and apartments. Residential gross densities should range from 8 to 15 dwelling units per acre, with a target density of 12 units per acre. These are relatively compact areas within the context of larger neighborhoods and are typically located around or near mixed use commercial or employment areas to provide convenient access to services and jobs for residents. Developments need to incorporate high quality architectural design and materials and thoughtful site design to ensure quality of place and should also incorporate connectivity with adjacent uses and area pathways, attractive landscaping and individual project identity. The proposed development is relatively dense and includes townhome style apartments at a gross density of 13.09 units/acre. The FLUM depicts mixed use commercial and employment areas 1/3+ mile to the south and east, yet to be developed, within walking distance from the site. The design of the proposed structures appear to be of high quality and ultimately are required to comply with the design standards in the Architectural Standards Manual and the design guidelines in the TMISAP (see pgs. 3-31 thru 3-51). The proposed MHDR designation on this site is consistent with that to the east and west of the same designation. Pathways are proposed throughout the development for connectivity internally as well as with adjacent uses and area pathways. TRANSPORTATION: A local street is designated on the Future Land Use Map in the TMISAP across this property from the east to W. Franklin Rd. No collector streets are designated on this property although W. Perugia St. will provide an east/west connection between properties north of W. Franklin Rd. and will function much like a collector. Perugia connects to N. Umbria Hills Ave. to the east, which connects to W. Franklin Rd., and will provide access to a future traffic signal. A collector street was formerly designated across this site on the Transportation System Map but was recently removed. The proposed site design meets the transportation objectives of the Plan. DESIGN: Development within the Ten Mile Area should incorporate the following design characteristics: The proposed site design is compatible with the multi-family development to the east; and should be compatible with future medium high density residential uses to the west when that property Meridian City Council Meeting Agenda February 5, 2019 – Page 386 of 736Meridian City Council Meeting Agenda March 12, 2019 – Page 144 of 480 Page 8 redevelops at some point in the future. Buildings are brought up to the street buffer along Franklin Rd. for a uniform street presence with primary building facades facing the street. Six- plex structures, 2-stories in height on the ends with 3-stories in the middle, are proposed along Franklin Rd. that provides appropriate transition, architectural interest, massing and scale within the Ten Mile area. Pedestrian walkways are planned throughout the development to provide for pedestrian interconnectivity within the development as well as with adjacent developments and the Ten Mile area. For these reasons, Staff finds the proposed development is consistent with the design characteristics of the Ten Mile Area envisioned in the TMISAP. B. Comprehensive Plan Policies (https://www.meridiancity.org/compplan): The proposed development demonstrates compliance with the following policies of the Plan: Provide for a wide diversity of housing types (single-family, modular, mobile homes and multi-family arrangements) and choices between ownership and rental dwelling units for all income groups in a variety of locations suitable for residential development.” (3.07.03B) 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) Require all new and reconstructed parking lots to provide landscaping in internal islands and along streets.” (2.01.04B) Provide housing options close to employment and shopping centers.” (3.07.02D) Require open space areas within all development.” (6.01.01A) 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) Restrict private curb cuts and access points on collectors and arterial streets.” (3.06.02D) Locate high-density development, where possible, near open space corridors or other permanent major open space and park facilities, Old Town, and near major access thoroughfares.” (3.07.02, pg. 55) Protect existing residential properties from incompatible land use development on adjacent parcels.” (3.06.01F) Work with ACHD, COMPASS, and VRT on bringing public transportation to and through Meridian.” (3.03.04H) Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity as part of a community pathway system.” (3.03.03B) Work with transportation agencies and private property owners to preserve transportation corridors, future transit routes and infrastructure, road and highway extensions, and to facilitate access management planning.” (3.01.01J) Develop alternative modes of transportation through pedestrian improvements, bicycle lanes, off-street pathways, and transit-oriented development as appropriate.” (3.03.03D) C. Annexation Area: The proposed annexation area is contiguous to City annexed property to the east, south and north and is within the Area of City Impact Boundary. A legal description for the annexation area is included in Section VII.A. Meridian City Council Meeting Agenda February 5, 2019 – Page 387 of 736Meridian City Council Meeting Agenda March 12, 2019 – Page 145 of 480 Page 9 The City may require a development agreement (DA) in conjunction with an annexation pursuant to Idaho Code section 67-6511A. In order to ensure the site develops as proposed with this application, staff recommends a DA as a provision of annexation with the provisions included in Section VIII. D. Site Plan: A site plan was submitted with the conditional use permit application that depicts how the site is proposed to develop with a multi-family development (see Section VII.B). A combination of 2- and 3-story townhome style multi-family structures are proposed in groups of 4, 6 and 8 attached units, both front and rear loaded. Two-story units are proposed along the west boundary of the site adjacent to the existing residential/agricultural property [see Delinda 4-plex and 8-plex and Tucker 6-plex elevations (end units) in Section VII.F]; a combination of 2- and 3-story units (i.e. 2-story on the ends with 3- stories in the middle) are proposed along Franklin Rd. (see Tucker 6-plex elevations in Section VII.F); and 3- story structures are proposed internally (see Payton 6-plex and 8-plex elevations in Section VII.F). E. Preliminary Plat: Note: A previous preliminary plat (H-2018-0032) for this site was denied by City Council on July 10, 2018. The UDC (11-5A-3) states that no application that has been denied by the Council shall be resubmitted in substantially the same form for the same use within one year from the date of denial. Because the overall layout and design of the proposed plat has changed substantially from the previous plat and the number of units has been reduced by 40, Staff deemed the proposed plat to be substantially different from that previously denied. The proposed plat consists of 67 building lots and 3 common lots on 18.18 acres of land in the proposed R-15 district. The subdivision is proposed to develop in two (2) phases with the front portion of the site developing with the first phase. See Section VII.C. Compliance with the subdivision design and improvement standards listed in UDC 11-6C-3 is required. Staff has reviewed the proposed plat and determined it is in compliance with those standards. F. Existing Structures/Site Improvements: There is an existing home and accessory structures on this site that will be removed with development. G. Proposed Zoning/Use Analysis: The proposed R-15 zoning district for the site is consistent with the requested MHDR FLUM designation HDR FLUM designation Multi-family developments are listed as a conditional use in the R-15 zoning district per UDC Table 11-2A-2. H. Specific Use Standards (UDC 11-4-3): The proposed use is subject to the specific use standards listed in UDC 11-4-3-27, Multi-Family Development as follows: A minimum of 80 square feet (s.f.) of private useable open space is required to be provided for each unit. Private patios are proposed for each unit that meets this requirement. Development with 20 units or more are required to provide a property management office, maintenance storage area, central mailbox location (including provisions for parcel mail) Meridian City Council Meeting Agenda February 5, 2019 – Page 388 of 736Meridian City Council Meeting Agenda March 12, 2019 – Page 146 of 480 Page 10 that provides safe pedestrian and/or vehicular access, and a directory and map of the development at an entrance or convenient location for those entering the development. The property management and maintenance storage area is proposed to be located within the clubhouse; the mailboxes will be located near the clubhouse as well but are not depicted on the site plan. The site plan submitted with the Certificate of Zoning Compliance application should depict the location(s) of each of these items. At a minimum, 250 square feet (s.f.) of outdoor common open space is required for each unit containing more than 500 and up to 1,200 s.f. of living area. All of the proposed units are within this range. Therefore, a minimum of 59,500 s.f. (or 1.37 of an acre) of common open space is required in accord with the standards listed in UDC 11-4-3-27C. The outdoor common area proposed within this development complies with this standard. For multi-family developments with 75 units or more, (4) amenities are required to be provided with at least one from each category (i.e. quality of life, open space and recreation). For more than 100 units, the decision making body shall require additional amenities commensurate to the size of the proposed development. The following amenities are proposed: Outdoor pool complex with clubhouse/restroom facilities/property management office – Recreation Category Play Structure – Step-By-Step item 350-1802 – Recreation Category Play Structure – Step-By-Step Item 350-1737 – Recreation Category Dual Slope Pavilion w/ BBQ Stations & picnic tables – 16’ x 20’ DS16X20M Quality of Life Category 20’x20’ Pavilion – Sail Shade SRP Sail Shade 0120840 Dual Sail w/ BBQ Stations & picnic tables – Quality of Life Category Dog Park - SRP Pawsitively Playful Dog Park Item No. RECF0019XX – Quality of Life Category Basketball Court - Model #1590 – 6” Square Adjustable Basketball System Recreation Category Open grassy play field with minimum 100’x50’ – Open Space Category Open grassy play field with minimum 100’x50’ – Open Space Category Pathways – micros paths provided throughout the site – Quality of Life Category Misc – Park Benches, Bike Racks, Picnic Tables & Trash Receptacles see details in Section VII.E). Staff finds the proposed amenities provided from each of the required categories are commensurate with the 238 unit development proposed. Landscaping is required to comply with UDC 11-4-3-27E. All street facing elevations shall have landscaping along their foundations as follows: the landscaped area shall be at least 3-feet wide and have an evergreen shrub with a minimum mature height of 24 inches for every 3linear feet of foundation. The remainder of the area shall be landscaped with ground cover plans. The detail of the landscaping proposed along the foundations of each structure shown on Sheet L3.1 in Section VII.D complies with this standard. The development is required to record legally binding documents that state the maintenance and ownership responsibilities for the management of the development, including, but not limited to, structures, parking, common areas, and other development features. The applicant shall submit documentation of compliance with this requirement with submittal of the Certificate of Zoning Compliance. Meridian City Council Meeting Agenda February 5, 2019 – Page 389 of 736Meridian City Council Meeting Agenda March 12, 2019 – Page 147 of 480 Page 11 I. Dimensional Standards (UDC 11-2A-7): Development is required to comply with the dimesnional standards listed below for the R-15 district. Staff has reviewed the proposed plat and found all of the proposed lots comply with the minimum property size requirement. Future structures should comply with the minimum setback standards. Zero lot lines should be depicted on the plat where buildings span across lot lines. To ensure setback requirements for the R-15 zoning and the specific use standard in UDC 11-4-3-27B.1 are met, staff recommends the final plat for this development is recorded prior to submittal of any Certificate of Zoning Compliance applications. J. Access (UDC 11-3A-3)/Transportation: One full access and one emergency access is proposed via W. Franklin Rd., an arterial street. West Perugia St., a local street, is proposed to be extended from the east boundary through the site and stub to the west boundary for future extension; this will necessitate construction of a bridge/culvert over the Kennedy Lateral. An emergency access is proposed to the property to the west near the north boundary from Street K. Private streets are proposed for access internally within the development and for addressing purposes. The proposed access complies with UDC 11-3A-3 and the Comprehensive Plan (3.06.02D referenced above) which restricts access to arterial streets. Meridian City Council Meeting Agenda February 5, 2019 – Page 390 of 736Meridian City Council Meeting Agenda March 12, 2019 – Page 148 of 480 Page 12 Franklin Rd. was recently widened from Ten Mile to Black Cat Roads and improved with curb, gutter and sidewalk; therefore, there are no major road improvements required with this development. K. Private Streets (UDC 11-3F-4) Private streets are required to comply with the design and construction standards listed in UDC 11-3F-4, including but not limited to the following: Private streets are required to be constructed on a perpetual ingress/egress easement or a single-platted lot that provides access to all properties served by such private street; preferably a lot when the property is being subdivided as is the case with this application. All drive aisles are required to be posted as fire lanes with no parking allowed. In addition, if a curb exists next to the drive aisle, it shall be painted red. All travel lanes should have a minimum width of 26 feet. The proposed private streets are 26 feet in width as shown on the private road section shown on Sheet 4 of the preliminary plat site plan in Section VII.B. Compliance with the other standards listed above is required; the plat should be revised to include the private streets within common lots. L. Transit: The applicant’s narrative states they have coordinated with Valley Regional Transit to locate a commuter ride pad near the southwest corner of the site along the W. Franklin Rd. in accord with the Comprehensive Plan (action items #3.01.01J and #3.03.03D referenced above). M. Parking (UDC Table 11-3C-6): Off-street vehicle parking is required to be provided for 2- and 3-bedroom multi-family dwellings as follows: 2 spaces per dwelling unit; at least 1 in a covered carport or garage. Based on (238) 2- and 3-bedroom units, a minimum of (476) spaces are required with 238 of those in a covered carport or garage. A total of 603 spaces are proposed consisting of 274 driveway spaces, 254 garage spaces and 75 guest parking spaces for a total of 127 spaces over the minimum required in accord with UDC standards. Bicycle parking is required to be provided based on 1 space for every 25 vehicle spaces provided on the site. Based on a total of 603 vehicle spaces, a minimum of 24 bicycle parking spaces are required. A total of 36 bicycle spaces are proposed in excess of UDC standards. N. Pathways (UDC 11-3A-8, 11-3B-12C): Pedestrian pathways are proposed throughout the development for internal connectivity and connectivity with adjacent developments in accord with UDC standards and the Comprehensive Plan (action item #3.03.03B referenced above). Landscaping is required to be provided adjacent to all pathways as set forth in UDC 11-3B-12C. O. Sidewalks (UDC 11-3A-17): Sidewalks are required to be provided with development in accord with the standards listed in UDC 11-3A-17. A sidewalk was recently constructed along W. Franklin Rd., an arterial street with the road widening project by ACHD. A 5-foot wide attached sidewalk is proposed to be constructed along W. Perugia St. and N. Entrata Way, both local streets, in accord with UDC standards. Meridian City Council Meeting Agenda February 5, 2019 – Page 391 of 736Meridian City Council Meeting Agenda March 12, 2019 – Page 149 of 480 Page 13 P. Landscaping (UDC 11-3B): A minimum 25-foot wide street buffer is required to be provided along W. Franklin Rd., an arterial street, as set forth in UDC Table 11-2A-7 for the R-15 district; landscaping is required within the buffers in accord with the standards listed in UDC 11-3B-7C. Said buffer is required to be maintained by a homeowner’s association. A larger buffer ranging in width from 28 to 38 feet is proposed to provide more separation between the development and the large power transmission lines along Franklin Rd. The proposed landscaping complies with UDC standards. There are a total of 113-caliper inches of existing trees on this site being removed that require mitigation; a total of 57 trees at 2” caliper each are proposed for mitigation in accord with the standards listed in UDC 11-3B-10C.5. Q. Qualified Open Space (UDC 11-3G-3): The UDC requires a minimum of 10% qualified open space to be provided within the development as set forth in UDC 11-3G-3. The specific use standards for multi-family developments listed in UDC 11-4-3-27 also require qualified open space in addition to this requirement (see analysis above). An open space exhibit was submitted, included in Section VII.E that depicts a total of 6.15 acres or 33.8%). The proposed qualified open space consists of (2) open grassy areas greater than 50’ x 100’ in area, half of the street buffer along Franklin Rd., and a stormwater detention facility in accord with UDC standards. R. Qualified Site Amenities (UDC 11-3G-3): The UDC (11-3G-3) requires a minimum of (1) qualified site amenity to be provided for each 20 acres of development area as set forth in UDC 11-3G-3. Based on 18.18 acres of development area, a minimum of (1) qualified site amenity is required to be provided to satisfy this requirement. The specific use standards for multi-family developments listed in UDC 11-4-3-27 also require site amenities in addition to this requirement (see analysis above). The site amenities described above in #V.H meet this requirement. S. Maintenance: The applicant proposes to have one management company to handle the leasing and maintenance of the entire project to ensure a better overall management of the development. Because this was a previous concern of Council, Staff recommends a provision requiring this is included in the DA. T. Waterways (UDC 11-3A-6): The Kennedy Lateral runs along the east boundary of this site; City Council waived the requirement for the lateral to be piped due to its large capacity with the final plat for Umbria Subdivision, the development to the east (FP-06-011). The Purdam Drain runs across the southwest corner of the site; the Applicant requests Council approval of a waiver to allow the drain to remain open and not be piped due to its capacity and location which is not entirely on this property. A retaining wall is proposed adjacent to the drain in order to preserve public safety; however, the UDC does not allow solid fences adjacent to waterways. Therefore, the retaining wall should be replaced with a fence that meets the standards in UDC 11-3A-6C as described below. Other irrigation ditches cross this site that are proposed to be piped in accord with UDC standards. Meridian City Council Meeting Agenda February 5, 2019 – Page 392 of 736Meridian City Council Meeting Agenda March 12, 2019 – Page 150 of 480 Page 14 U. Fencing (UDC 11-3A-6, 11-3A-7): All new fencing is required to comply with the standards listed in UDC 11-3A-7; fencing along waterways is required to comply with UDC 11-3A-6. A 6-foot tall vinyl privacy fence is proposed along the west boundary of the site; a retaining wall is proposed along the east side of the Purdam Drain and will not be higher than the ground surface on the development side – a fence will be placed on top of the wall to preserve public safety; and a rail fence is depicted along the east boundary adjacent to the Kennedy Lateral. The UDC (11-3A-6) does not allow a solid fence (i.e. a retaining wall) to be constructed along waterways; therefore, the retaining wall depicted along the Purdam drain shall be replaced with requires an open vision fence at least 6 feet in height and having an 11-guage, 2-inch mesh or other construction, equivalent in ability to deter access to said drain as set forth in UDC 11-3A-6C. The rail fence proposed along the Kennedy Lateral will not preserve public safety with the lateral remaining open; therefore, it should be replaced with a fence that complies with the standards listed in UDC 11-3A-6C and described above. V. Utilities (UDC 11-3A-21): All development is required to connect to the City water and sewer system unless otherwise approved by the City Engineer in accord with UDC 11-3A-21. City water and sewer services are stubbed to this site. W. Pressure Irrigation (UDC 11-3A-15): An underground pressurized irrigation system is required to be provided for the development in accord with UDC 11-3A-15 as proposed. X. Storm Drainage (UDC 11-3A-18): An adequate storm drainage system is required in all developments; design and construction shall follow best management practice as adopted by the City as set forth in UDC 11-3A-18. Storm drainage facilities counted toward qualified open space are required to comply with the standards listed in UDC 11-3B-11C. Y. Building Elevations (UDC 11-3A-19 | Architectural Standards Manual): Building elevations were submitted with the CUP application that include 3 different styles (i.e. Delinda 4-plex and 8-plex, Payton 6-plex and 8-plex, and Tucker 6-plex) of multi-family structures 2- and 3-stories in height (see Section VII.F). All of the units are a townhome design with garages on the first floor and living areas above. All structures are required to comply with the design standards listed in the Architectural Standards Manual and with the guidelines in the TMISAP. Z. Certificate of Zoning Compliance (CZC)/Design Review (DR): An application for a CZC and DR is required to be submitted for review and approval of the site design and structures proposed within the development to ensure consistency with UDC standards, design standards listed in the Architectural Standards Manual, the TMISAP, and provisions in this report prior to submittal of building permit applications for the development. Meridian City Council Meeting Agenda February 5, 2019 – Page 393 of 736Meridian City Council Meeting Agenda March 12, 2019 – Page 151 of 480 Page 15 VI. DECISION A. Staff: Staff finds the proposed development is premiere in that it provides open space, site amenities and parking far exceeding UDC standards; provides a housing type (i.e. townhome style multi- family units) that will contribute to the variety of housing types in this area (atypical to the usual garden style apartments); will provide much needed housing within the Ten Mile area in close proximity to future shopping and employment uses; and is consistent with the TMISAP. Therefore, Staff recommends approval of the Applicant’s request for annexation and zoning, conditional use permit, preliminary plat and private streets contingent upon Council’s approval of the requested “step” down in density from HDR to MHDR. Council should also consider the Applicant’s request for a waiver to leave the Purdam Drain open and not require it to be piped. B. Commission: The Meridian Planning & Zoning Commission heard these items on December 20, 2018. At the public hearing, the Commission moved to recommend approval of the subject AZ, CUP and PP requests. a. Summary of Commission Public Hearing: i. In favor: Kent Brown, Applicant’s Representative; ii. In opposition: None iii. Commenting: None iv. Written testimony: James Doolin, Applicant (in agreement with the staff report) v. Staff presenting application: Sonya Allen vi. Other staff commenting on application: None b. Key issue(s) of Public Testimony: i. None c. Key Issues of Discussion by Commission: i. In favor of the single maintenance and management company for the overall development as proposed by the Applicant; ii. Walkable distance of the site to future employment uses within the Ten Mile area; iii. In favor of the design of the proposed structures, parking underneath the structures and incorporation of mews within the development; iv. Concern pertaining to timing for this property to develop in conjunction with other nearby multi-family developments and their overall impact on public services. d. Commission Change(s) to Staff Recommendation: i. None e. Outstanding Issue(s) for City Council: i. The Applicant is requesting Council approval of a “step” down in density from HDR to MHDR. ii. The Applicant is requesting Council approval of a waiver to UDC 11-3A6 to leave the Purdam Drain open and not pipe it due to its large capacity and it’s not located entirely on the subject property. C. The Meridian City Council heard these items on January 22, 2019. At the public hearing, the Council approved the subject AZ, CUP and PP requests. a. Summary of City Council Public Hearing: i. In favor: Kent Brown; James Doolin, FIG Development ii. In opposition: None iii. Commenting: Harlin Baldwin iv. Written testimony: None Meridian City Council Meeting Agenda February 5, 2019 – Page 394 of 736Meridian City Council Meeting Agenda March 12, 2019 – Page 152 of 480 Page 16 v. Staff presenting application: Sonya Allen vi. Other staff commenting on application: None b. Key issue(s) of Public Testimony: i. Concern pertaining to the continued provision of irrigation water to downstream users; c. Key Issues of Discussion by Council: i. In favor of the proposed re-design and open space and amenity package; ii. Type of fencing proposed along the Kennedy Lateral and Purdam Drain; d. Key Council Changes to Commission Recommendation i. Council approved the Applicant’s request for a “step” down in density from HDR to MHDR; ii. Council approved the Applicant’s request for a waiver to UDC 11-3A-6 to leave the Purdam Drain open and not tile the facility due to its large capacity and because the drain is not entirely located on this site (see condition #1.1c); iii. Council required wrought iron fencing to be constructed adjacent to the Kennedy Lateral and the Purdam Drain as offered by the Applicant (see site specific condition 2.1.2a). Meridian City Council Meeting Agenda February 5, 2019 – Page 395 of 736Meridian City Council Meeting Agenda March 12, 2019 – Page 153 of 480 Page 17 VII. EXHIBITS A. Annexation & Zoning Legal Description and Exhibit Map Meridian City Council Meeting Agenda February 5, 2019 – Page 396 of 736Meridian City Council Meeting Agenda March 12, 2019 – Page 154 of 480 Page 18 Meridian City Council Meeting Agenda February 5, 2019 – Page 397 of 736Meridian City Council Meeting Agenda March 12, 2019 – Page 155 of 480 Page 19 B. Site Plan (date: 10/16/18) Meridian City Council Meeting Agenda February 5, 2019 – Page 398 of 736Meridian City Council Meeting Agenda March 12, 2019 – Page 156 of 480 Page 20 Meridian City Council Meeting Agenda February 5, 2019 – Page 399 of 736Meridian City Council Meeting Agenda March 12, 2019 – Page 157 of 480 Page 21 C. Preliminary Plat (date: 10/16/18) Meridian City Council Meeting Agenda February 5, 2019 – Page 400 of 736Meridian City Council Meeting Agenda March 12, 2019 – Page 158 of 480 Page 22 Meridian City Council Meeting Agenda February 5, 2019 – Page 401 of 736Meridian City Council Meeting Agenda March 12, 2019 – Page 159 of 480 Page 23 D. Landscape Plan (date: 10/16/2018) Meridian City Council Meeting Agenda February 5, 2019 – Page 402 of 736Meridian City Council Meeting Agenda March 12, 2019 – Page 160 of 480 Page 24 Meridian City Council Meeting Agenda February 5, 2019 – Page 403 of 736Meridian City Council Meeting Agenda March 12, 2019 – Page 161 of 480 Page 25 Meridian City Council Meeting Agenda February 5, 2019 – Page 404 of 736Meridian City Council Meeting Agenda March 12, 2019 – Page 162 of 480 Page 26 Meridian City Council Meeting Agenda February 5, 2019 – Page 405 of 736Meridian City Council Meeting Agenda March 12, 2019 – Page 163 of 480 Page 27 Meridian City Council Meeting Agenda February 5, 2019 – Page 406 of 736Meridian City Council Meeting Agenda March 12, 2019 – Page 164 of 480 Page 28 Meridian City Council Meeting Agenda February 5, 2019 – Page 407 of 736Meridian City Council Meeting Agenda March 12, 2019 – Page 165 of 480 Page 29 E. Qualified Open Space Exhibit (date: 10/9/2018) & Site Amenities Meridian City Council Meeting Agenda February 5, 2019 – Page 408 of 736Meridian City Council Meeting Agenda March 12, 2019 – Page 166 of 480 Page 30 Amenities: (Revised) Outdoor pool complex with clubhouse/restroom facilities/property management office Recreation Category Play Structure – Step-By-Step item 350-1802 – Recreation Category Play Structure – Step-By-Step Item 350-1737 – Recreation Category Dual Slope Pavilion w/ BBQ Stations & picnic tables – 16’ x 20’ DS16X20M – Quality of Life Category 20’x20’ Pavilion – Sail Shade SRP Sail Shade 0120840 Dual Sail w/ BBQ Stations & picnic tables Quality of Life Category Dog Park - SRP Pawsitively Playful Dog Park Item No. RECF0019XX – Quality of Life Category Basketball Court - Model #1590 – 6” Square Adjustable Basketball System – Recreation Category Open grassy play field with minimum 100’x50’ – Open Space Category Open grassy play field with minimum 100’x50’ – Open Space Category Pathways – micros paths provided throughout the site – Quality of Life Category Misc – Park Benches, Bike Racks, Picnic Tables & Trash Receptacles Meridian City Council Meeting Agenda February 5, 2019 – Page 409 of 736Meridian City Council Meeting Agenda March 12, 2019 – Page 167 of 480 Page 31 Meridian City Council Meeting Agenda February 5, 2019 – Page 410 of 736Meridian City Council Meeting Agenda March 12, 2019 – Page 168 of 480 Page 32 Meridian City Council Meeting Agenda February 5, 2019 – Page 411 of 736Meridian City Council Meeting Agenda March 12, 2019 – Page 169 of 480 Page 33 Meridian City Council Meeting Agenda February 5, 2019 – Page 412 of 736Meridian City Council Meeting Agenda March 12, 2019 – Page 170 of 480 Page 34 Meridian City Council Meeting Agenda February 5, 2019 – Page 413 of 736Meridian City Council Meeting Agenda March 12, 2019 – Page 171 of 480 Page 35 F. Building Elevations (date: 10/23/2018) DELINDA 4-PLEX Meridian City Council Meeting Agenda February 5, 2019 – Page 414 of 736Meridian City Council Meeting Agenda March 12, 2019 – Page 172 of 480 Page 36DELINDA8-PLEX Meridian City Council Meeting Agenda February 5, 2019 – Page 415 of 736Meridian City Council Meeting Agenda March 12, 2019 – Page 173 of 480 Page 37 Meridian City Council Meeting Agenda February 5, 2019 – Page 416 of 736Meridian City Council Meeting Agenda March 12, 2019 – Page 174 of 480 Page 38 Meridian City Council Meeting Agenda February 5, 2019 – Page 417 of 736Meridian City Council Meeting Agenda March 12, 2019 – Page 175 of 480 Page 39 PAYTON 6-PLEX Meridian City Council Meeting Agenda February 5, 2019 – Page 418 of 736Meridian City Council Meeting Agenda March 12, 2019 – Page 176 of 480 Page 40PAYTON8-PLEX Meridian City Council Meeting Agenda February 5, 2019 – Page 419 of 736Meridian City Council Meeting Agenda March 12, 2019 – Page 177 of 480 Page 41 Meridian City Council Meeting Agenda February 5, 2019 – Page 420 of 736Meridian City Council Meeting Agenda March 12, 2019 – Page 178 of 480 Page 42 Meridian City Council Meeting Agenda February 5, 2019 – Page 421 of 736Meridian City Council Meeting Agenda March 12, 2019 – Page 179 of 480 Page 43 Meridian City Council Meeting Agenda February 5, 2019 – Page 422 of 736Meridian City Council Meeting Agenda March 12, 2019 – Page 180 of 480 Page 44 Meridian City Council Meeting Agenda February 5, 2019 – Page 423 of 736Meridian City Council Meeting Agenda March 12, 2019 – Page 181 of 480 Page 45 TUCKER 6-PLEX Meridian City Council Meeting Agenda February 5, 2019 – Page 424 of 736Meridian City Council Meeting Agenda March 12, 2019 – Page 182 of 480 Page 46 Meridian City Council Meeting Agenda February 5, 2019 – Page 425 of 736Meridian City Council Meeting Agenda March 12, 2019 – Page 183 of 480 Page 47 Meridian City Council Meeting Agenda February 5, 2019 – Page 426 of 736Meridian City Council Meeting Agenda March 12, 2019 – Page 184 of 480 Page 48 Meridian City Council Meeting Agenda February 5, 2019 – Page 427 of 736Meridian City Council Meeting Agenda March 12, 2019 – Page 185 of 480 Page 49 G. Private Street and Unit Layout Exhibit Meridian City Council Meeting Agenda February 5, 2019 – Page 428 of 736Meridian City Council Meeting Agenda March 12, 2019 – Page 186 of 480 Page 50 VIII. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING 1. Annexation & Zoning 1.1 A Development Agreement (DA) is required as a provision of annexation of this property. Prior to approval of the annexation ordinance, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of annexation ordinance adoption, and the developer. Currently, a fee of $303.00 shall be paid by the Applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the Planning Division within six (6) months of the City Council granting the annexation. The DA shall, at minimum, incorporate the following provisions: a. Future development of this site shall be generally consistent with the preliminary plat, site plan, landscape plan, open space exhibit, building elevations/floor plans included in Section VII, and the provisions contained herein. b. The Kennedy Lateral was previously approved by City Council with the final plat for Umbria Subdivision (FP-06-011), the development to the east, to remain open and not be piped due to its large capacity. c. The City Council approved a waiver to UDC 11-3A-6B to allow the Purdam Drain shall be piped as set forth in UDC 11-3A-6B unless otherwise waived by City Council. The Applicant requests a waiver for the drain to remain open due to its capacity and location which is not entirely on this site to remain open and not be piped or otherwise covered due to its large capacity and due to it not being located entirely on this site. d. Site amenities and open space shall be provided within the development in accord with the qualified open space exhibit in Section VII.E and amenities shown on the site plan in Section VII.B in accord with the standards listed in UDC 11-3G-3 and 11-4-3-27C, D. e. The applicant shall have one management company handle the leasing and maintenance of the entire project to ensure better overall consistent management of the development. 2. Conditional Use Permit 2.1 Site Specific Conditions 2.1.1 The Applicant shall comply with the specific use standards listed in UDC 11-4-3-27 for multi- family developments. 2.1.2 The site/landscape plan included in Section VII shall be revised as follows: a. The retaining wall depicted along the Purdam drain and the rail fence depicted along the Kennedy Lateral shall be replaced with an open vision fence a wrought iron fence at least 6 feet in height and having an 11-guage, 2-inch mesh or other construction, equivalent in ability to deter access to said drain/lateral as set forth in accord with UDC 11-3A-6C; the same type of fencing is required along the east side of the Purdam Drain if Council approves a waiver for the waterway to remain open and not be piped. b. Depict the location of the property management office, maintenance storage area, central mailbox location (including provisions for parcel mail) that provides safe pedestrian and/or vehicular access, and directory and map of the development at an entrance or convenient location for those entering the development in accord with the standards listed in UDC 11-4- 3-27. Meridian City Council Meeting Agenda February 5, 2019 – Page 429 of 736Meridian City Council Meeting Agenda March 12, 2019 – Page 187 of 480 Page 51 c. Depict minimum 80 square foot patios for each unit in accord with UDC 11-4-3-27B.3. d. All storm drainage facilities shall comply with the standards listed in UDC 11-3B-11C. 2.1.3 All drive aisles are required to be posted as fire lanes with no parking allowed; if a curb exists next to the drive aisle, it shall be painted red as set forth in UDC 11-3F-4B.2d. 2.1.4 The development is required to record legally binding documents that state the maintenance and ownership responsibilities for the management of the development, including, but not limited to, structures, parking, common areas, and other development features as set forth in UDC 11-4-3- 27F. A recorded copy of this agreement shall be submitted with the Certificate of Zoning Compliance application. 2.1.5 All structures are required to comply with the design standards listed in the Architectural Standards Manual and with the guidelines in the Ten Mile Interchange Specific Area Plan (pgs. 3- 31 thru 3-51). 2.1.6 The conditional use permit shall be valid for a maximum period of two (2) years unless otherwise approved by the city. During this time, the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. 2.1.7 An application for a Certificate of Zoning Compliance and Design Review is required to be submitted for review and approval of the site design and structures proposed within the development to ensure consistency with Unified Development Code standards, design standards listed in the Architectural Standards Manual, the Ten Mile Interchange Specific Area Plan, and provisions in this report prior to submittal of building permit applications for the development. 2.1.8 Development shall comply with the private street and unit layout exhibit in Section VII.G. 3. Preliminary Plat 3.1 The preliminary plat included in Section VII.C shall be revised as follows: a. All private streets shall be depicted on a single platted lot that provides access to all properties served by such private streets in accord with UDC 11-3F-4. 3.2 To ensure dimensional standards and setback requirements for the R-15 zoning district and the specific use standard in UDC 11-4-3-27B.1, as well as Building Code separation requirements are met, staff recommends the final plat for this development is recorded prior to submittal of any Certificate of Zoning Compliance applications. 3.3 All private streets shall be constructed in accord with the design and construction standards listed in UDC 11-3F-4A, B. 3.4 Approval of the preliminary 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; or, submit and obtain approval of a time extension as set forth in UDC 11-6B-7. B. PUBLIC WORKS 1. Site Specific Conditions of Approval 1.1 In order to ensure connectivity, and service to future development, provide water connections at two locations to the west. One at proposed Perugia Street, and one at or north of Street I. Meridian City Council Meeting Agenda February 5, 2019 – Page 430 of 736Meridian City Council Meeting Agenda March 12, 2019 – Page 188 of 480 Page 52 2. General Conditions of Approval 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 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. 2.3 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. 2.4 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. 2.5 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. 2.6 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, except for the Purdam Drain and the Kennedy Lateral which the Council approved to be left open. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. 2.7 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at 208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 2.8 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. 2.9 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. Meridian City Council Meeting Agenda February 5, 2019 – Page 431 of 736Meridian City Council Meeting Agenda March 12, 2019 – Page 189 of 480 Page 53 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. 2.11 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. 2.12 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. 2.13 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. 2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H. 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. 2.18 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. 2.19 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. 2.20 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. 2.21 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. 2.22 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. 2.23 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Meridian City Council Meeting Agenda February 5, 2019 – Page 432 of 736Meridian City Council Meeting Agenda March 12, 2019 – Page 190 of 480 Page 54 Community Development Department website. Please contact Land Development Service for more information at 887-2211. C. FIRE DEPARTMENT http://weblink.meridiancity.org/weblink8/0/doc/158714/Page1.aspx D. POLICE DEPARTMENT http://weblink.meridiancity.org/weblink8/0/doc/159430/Page1.aspx E. NAMPA & MERIDIAN IRRIGATION DISTRICT (NMID) http://weblink.meridiancity.org/weblink8/0/doc/159022/Page1.aspx F. CENTRAL DISTRICT HEALTH DEPARTMENT (CDHD) http://weblink.meridiancity.org/weblink8/0/doc/158766/Page1.aspx G. DEPARTMENT OF ENVIRONMENT QUALITY (DEQ) http://weblink.meridiancity.org/weblink8/0/doc/158651/Page1.aspx H. COMMUNITY PLANNING ASSOCIATION OF SOUTHWEST IDAHO (COMPASS) http://weblink.meridiancity.org/weblink8/0/doc/158560/Page1.aspx I. ADA COUNTY HIGHWAY DISTRICT (ACHD) http://weblink.meridiancity.org/weblink8/0/doc/159258/Page1.aspx IX. FINDINGS A. Annexation and/or Rezone (UDC 11-5B-3E) Required 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 and/or rezone, the council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The City Council finds the Applicant’s proposal to annex the subject 19.07 acre property with an R-15 zoning district and develop 238 new multi-family units consisting of townhome style apartments at a gross density of 13.09 units per acre is below the density desired in HDR designated areas but appropriate for the step down in density to MHDR as requested and approved with this application. 2. 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 in UDC 11-2A-1. Meridian City Council Meeting Agenda February 5, 2019 – Page 433 of 736Meridian City Council Meeting Agenda March 12, 2019 – Page 191 of 480 Page 55 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The City Council finds that the proposed zoning map amendment will not be detrimental to the public health, safety, or welfare. City utilities will be extended at the expense of the applicant. 4. 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. 5. The annexation (as applicable) is in the best interest of city. The City Council finds annexing this property with an R-15 zoning district is in the best interest of the City if the applicant develops the site in accord with the proposed site plan. B. Preliminary Plat (UDC 11-6B-6) In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision making body shall make the following findings: (Ord. 05-1170, 8-30-2005, eff. 9-15- 2005) 1. The plat is in conformance with the comprehensive plan and is consistent with this unified development code; (Ord. 08-1372, 7-8-2008, eff. 7-8-2008) The City Council finds that the proposed plat is in substantial compliance with the adopted Comprehensive Plan in regard to land use, transportation, and circulation. Please see Comprehensive Plan analysis in Section V of the Staff Report for more information. 2. Public services are available or can be made available and are adequate to accommodate the proposed development; The City Council finds that public services will be provided to the subject property upon development. (See Section VIII of the Staff Report for more details from public service providers.) 3. The plat is in conformance with scheduled public improvements in accord with the city's capital improvement program; Because City water and sewer and any other utilities will be provided by the developer at their own cost, the City Council finds that the subdivision will not require the expenditure of capital improvement funds. 4. There is public financial capability of supporting services for the proposed development; The City Council finds there is public financial capability of supporting services for the proposed development based on comments received from public service providers (i.e., Police, Fire, ACHD, etc.). (See Exhibit B for more detail.) 5. The development will not be detrimental to the public health, safety or general welfare; and The City Council finds the proposed development will not be detrimental to the public health, safety or general welfare. ACHD considers road safety issues in their analysis. Meridian City Council Meeting Agenda February 5, 2019 – Page 434 of 736Meridian City Council Meeting Agenda March 12, 2019 – Page 192 of 480 Page 56 6. The development preserves significant natural, scenic or historic features. (Ord. 05-1170, 8- 30-2005, eff. 9-15-2005) The City Council is unaware of any significant natural, scenic or historic features that exist on this site. C. Conditional Use Permit (UDC 11-5B-6) Required Findings: The commission shall base its determination on the conditional use permit request upon the following: 1. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. The City Council finds that the subject property is large enough to accommodate the proposed use and the dimensional & development regulations of the R-15 district (see Analysis Section V for more information). 2. That the proposed use will be harmonious with the Meridian comprehensive plan and in accord with the requirements of this title. The City Council finds that the proposed use is consistent and harmonious with the UDC and the requested step down in density to MHDR in the Comprehensive Plan. 3. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. The City Council finds that if the applicant complies with the conditions outlined in this report, the proposed use should be compatible with other uses in the general neighborhood and with the existing and intended character of the area. 4. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. The City Council finds that if the applicant complies with the conditions outlined in this report, the proposed use will not adversely affect other property in the area. 5. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, and sewer. The City Council finds that sanitary sewer, domestic water, refuse disposal, and irrigation are currently available to the subject property and the proposed use will be served adequately by the public facilities and services listed above based on their comments in Section VIII. Comments were not received from the school district. 6. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. If approved, the applicant will be financing any improvements required for development. The City Council finds there will not be excessive additional requirements at public cost and that the proposed use will not be detrimental to the community’s economic welfare. Meridian City Council Meeting Agenda February 5, 2019 – Page 435 of 736Meridian City Council Meeting Agenda March 12, 2019 – Page 193 of 480 Page 57 7. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. The City Council finds the proposed use will not be detrimental to any persons, property or the general welfare of the area. 8. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. (Ord. 05-1170, 8-30-2005, eff. 9-15- 2005) The City Council finds that there should not be any health, safety or environmental problems associated with the proposed use. Further, the City Council finds that the proposed use will not result in the destruction, loss or damage of any natural, scenic or historic feature of major importance. D. Private Street (UDC 11-3F-5) Required Findings: In order to approve the application, the director shall find the following: 1. The design of the private street meets the requirements of this article; The Director finds the proposed design of the private streets meets the standards listed in UDC 11-3F-4. 2. Granting approval of the private street would not cause damage, hazard, or nuisance, or other detriment to persons, property, or uses in the vicinity; and The Director finds granting approval of the proposed private streets will not cause damage, hazard, or nuisance or other detriment as described above. 3. The use and location of the private street shall not conflict with the comprehensive plan and/or the regional transportation plan. (Ord. 05-1170, 8-30-2005, eff. 9-15-2005) The Director finds the proposed use and locations of private streets will not conflict with the Comprehensive Plan or regional transportation plan. 4. The proposed residential development (if applicable) is a mew or gated development. (Ord. 10-1463, 11-3-2010, eff. 11-8-2010) The Director finds the proposed residential development incorporates mews in the design. Meridian City Council Meeting Agenda February 5, 2019 – Page 436 of 736Meridian City Council Meeting Agenda March 12, 2019 – Page 194 of 480