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Warrick Subdivision AZ, PP H-2018-0115ADA COUNTY RECORDER Phil McGrane 2019-019693 BOISE IDAHO Pgs=48 LISA BATT 03/13/2019 11:11 AM CITY OF MERIDIAN, IDAHO NO FEE PARTIES: 1. City of Meridian 2. Paul Warrick, Owner 3, Berkeley Building Co, Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this day of NCh , 2019, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called CITY whose address is 33 E. Broadway Avenue, Meridian, Idaho 83642 and Paul Warrick whose address is 2445 E. Amity Road, Meridian, ID 83642, hereinafter called OWNER and Berkeley Building Co., whose address is 2275 S. Eagle Rd #185, Meridian, ID 83642 hereinafter called DEVELOPER. I . RECITALS: 1.1 WHEREAS, Owner is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A", which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property; and 1.2 WHEREAS, Idaho Code § 67-6511 A provides that cities may, by ordinance, require or permit as a condition of zoning that the Owner and/or Developers make a written commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section 11-513-3 of the Unified Development Code ("UDC"), which authorizes development agreements upon the annexation and/or re -zoning of land; and 1.4 WHEREAS, Owner and/or Developers have submitted an application for the annexation and zoning of 36.22 acres of land, described in Exhibit "A", to the R-4 (Medium Low Density Residential)(I 9.94 acres and R-8 (Medium Density Residential)(16.28 acres) zoning districts, under the Unified Development Code, which generally describes how the Property will be developed and what improvements will be made; and 1.5 WHEREAS, Owner and/or Developers made representations at the public hearings both before the Meridian Planning & Zoning commission and before the Meridian City Council,, as to how the Property will be developed and what improvements will be made; and DEVELOPMENT AGREEMENT— WARRICK SUBDIVISION (H-2018-0115) PAGE 1 Of 8 DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Paul Warrick, Owner 3. Berkeley Building Co, Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this24� day of rCh , 2019, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called CITY whose address is 33 E. Broadway Avenue, Meridian, Idaho 83642 and Paul Warrick whose address is 2445 E. Amity Road, Meridian, ID 83642, hereinafter called OWNER and Berkeley Building Co., whose address is 2275 S. Eagle Rd #185, Meridian, ID 83642 hereinafter called DEVELOPER. 1. RECITALS: 1.1 WHEREAS, Owner is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A", which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property; and 1.2 WHEREAS, Idaho Code § 67-6511A provides that cities may, by ordinance, require or permit as a condition of zoning that the Owner and/or Developers make a written commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section 11-513-3 of the Unified Development Code ("UDC"), which authorizes development agreements upon the annexation and/or re -zoning of land; and 1.4 WHEREAS, Owner and/or Developers have submitted an application for the annexation and zoning of 36.22 acres of land, described in Exhibit "A", to the R-4 (Medium Low Density Residential)(19.94 acres and R-8 (Medium Density Residential)(16.28 acres) zoning districts, under the Unified Development Code, which generally describes how the Property will be developed and what improvements will be made; and 1.5 WHEREAS, Owner and/or Developers made representations at the public hearings both before the Meridian Planning & Zoning commission and before the Meridian City Council, as to how the Property will be developed and what improvements will be made; and DEVELOPMENT AGREEMENT- WARRICK SUBDIVISION (H-2018-0115) PAGE 1 OF 8 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a M a r c h 1 2 , 2 0 1 9 – P a g e 1 9 7 o f 4 8 0 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a M a r c h 1 2 , 2 0 1 9 – P a g e 1 9 8 o f 4 8 0 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a M a r c h 1 2 , 2 0 1 9 – P a g e 1 9 9 o f 4 8 0 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a M a r c h 1 2 , 2 0 1 9 – P a g e 2 0 0 o f 4 8 0 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a M a r c h 1 2 , 2 0 1 9 – P a g e 2 0 1 o f 4 8 0 21.1 No condition governing the uses and/or conditions governing re -zoning ofthe subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. [end of text; signatures, acknowledgements, and Exhibits A and B follow] ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER: JZd / a,�4 Paul Warrick DEVELOPER: Berkeley BuildlVg�Co. By: Joseph A Its: President CITY M. Joe �►�-o�n, p TED AUGU T TTEST: 0 Ciny or " \ E IDIJ �C a Coles, City Clerk SEAL DEVELOPMENT AGREEMENT— WARRICK SUBDIVISION —018-0115) PAGE 7 OF 8 STATE OF Idaho ss: County of Ada On this fft day of _%M, 2019, before me, the undersigned, a Notary Public in and for said State, personally appeared Paul Warrick known or identified to me to be the person who signed above and acknowledged to me that lie 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. (SEAL)FNOTAIAY SA M. BATES SSION #44529 Notary Public for a,.�:as�„ jil: Eagle I� PUBLIC Residing at:E OF IDAHO M Commission Ex ices: 05/24/2023 ON EXPIRES 05/24/2023 y p STATE OF Idaho ) ss: County of Ada On this *'day of , 2019, before me, the undersigned, a Notary Public in and for said State, personally appeared Joseph Atalla known or identified to me to be the President of Berkeley Building Co. and the person who signed above and acknowledged to me that he executed the same on behalf of said Corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) NotaryPu c f r Idaho Residing a :J.A. My Com 's ro i •e : JAIME FRANK COMMISSION #57942 NOTARY PUBLIC STATE OF IDAHO ) STATE OF IDAHO ss MY COMMISSION EXPIRES 05/25/2023 County of Ada ) On this t G.+n day of M arch , 2019, before me, a Notary Public, personally appeared 3o C dor r • and C.Jay Coles, know or identified to me to be the Mayor and Clerk, respectively, of the City of ��� 1 er�tdran�ecuted the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ------------- �hct�t�rzQ �- (SEACHARLENE WAY Notary Public for Idaho COMMISSION #67390 Residing at: `�/n,odun' Z o NOTARY PUBLIC Commission expires: 3 -A'? a0a STATE OF IDAHO MY COMMISSION EXPIRES 3/28/22 DEVELOPMENT AGREEMENT— WARRICK SUBDIVISION (H-2018-0115) PAGE 8 OF 8 Legal Description & Exhibit Map for Annexation and Zoning Boundary EXHIBIT A Warrick Subdivision - H-2018-0115 Meridian City Council Meeting Agenda March 12, 2019 – Page 204 of 480 Warrick Subdivision - H-2018-0115 Meridian City Council Meeting Agenda March 12, 2019 – Page 205 of 480 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-0115 - 1 - CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for Annexation and Zoning of 36.22 Acres of Land with R-4 (19.94 Acres) and R-8 (16.28 Acres) Zoning Districts; and Preliminary Plat Consisting of 125 Building Lots and 19 Common Lots on 36.22 Acres of Land in the R-4 and R-8 Zoning Districts for Warrick Subdivision, by Schultz Development. Case No(s). H-2018-0115 – Warrick Subdivision For the City Council Hearing Date of: February 5, 2019 (Findings on February 19, 2019) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of February 5, 2019, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of February 5, 2019, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of February 5, 2019, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of February 5, 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 19, 2019 – Page 122 of 476 EXHIBIT B Meridian City Council Meeting Agenda March 12, 2019 – Page 206 of 480 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-0115 - 2 - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of February 5, 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 & zoning and preliminary plat is hereby approved with the requirement of a Development Agreement containing the provisions in the Staff Report for the hearing date of February 5, 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 Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s) and returned to the city within six (6) months of the city council granting the modification. Meridian City Council Meeting Agenda February 19, 2019 – Page 123 of 476Meridian City Council Meeting Agenda March 12, 2019 – Page 207 of 480 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-0115 - 3 - A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six (6) month approval period. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of February 5, 2019 Meridian City Council Meeting Agenda February 19, 2019 – Page 124 of 476Meridian City Council Meeting Agenda March 12, 2019 – Page 208 of 480 By action of the City Council at its regular meeting held on the day of F (1 2019. COUNCIL PRESIDENT JOE BORTON VOTED COUNCIL VICE PRESIDENT LUKE CAVENER VOTED COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED COUNCIL MEMBER TY PALMER VOTED COUNCIL MEMBER TREG BERNT VOTED & COUNCIL MEMBER GENESIS MILAM VOTED MAYOR TAMMY de WEERD VOTED TIE BREAKER) Mayor Tam Weerd p QpRATED q c'CiAttest: 4T i H4V a Coles mi SEAL ifv Clerk Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. By:0* -Dated City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-0115 - 4 - I V111CAL Meridian City Council Meeting Agenda March 12, 2019 – Page 209 of 480 EXHIBIT A Page 1 HEARING DATE: 1/2/2019 TO: Mayor & City Council FROM: Sonya Allen, Associate Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: H-2018-0115 Warrick Subdivision LOCATION: 2445 E. Amity Rd. I. PROJECT DESCRIPTION Annexation & zoning of 36.22 acres of land with R-4 (19.94 acres) and R-8 (16.28 acres) zoning districts; and Preliminary Plat consisting of 130 125 building lots and 19 common lots on 36.22 acres of land. II. SUMMARY OF REPORT A. Project Summary STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT Description Details Page Acreage 36.22 Future Land Use Designation LDR (low density residential – 3 or fewer units/acre) Proposed Future Land Use Designation Request for “step” up in density to MDR (medium density residential – 3 to 8 units/acre) without a change to FLUM Existing Land Use Rural residential/agricultural Proposed Land Use(s) SFR (Single-family residential) Current Zoning RUT in Ada County Proposed Zoning R-4 and R-8 Lots (# and type; bldg/common) 149 residential lots – 130 125 building/19 common Phasing plan (# of phases) 4 Number of Residential Units (type of units) 130 125 (SFR attached/detached) Density (gross & net) 3.59/5.7 Open Space (acres, total [%] / buffer / qualified) 5.72 (or 15.8%)/park, Ten Mile Creek with multi-use pathway, micro-path, arterial buffer Amenities Multi-use pathway, swimming pool, clubhouse, benches Meridian City Council Meeting Agenda February 19, 2019 – Page 126 of 476Meridian City Council Meeting Agenda March 12, 2019 – Page 210 of 480 Page 2 B. Community Metrics Physical Features (waterways, hazards, flood plain, hillside) Ten Mile Creek runs along east boundary Neighborhood meeting date; # of attendees: August 6, 2018; 3 + Applicant History (previous approvals) None 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) One (1) access proposed via E. Amity Rd., an arterial street Traffic Level of Service Better than “E” (= acceptable) Stub Street/Interconnectivity/Cross Access Extension of E. Scrubpine St. from the west; stub streets proposed to the south and east for future extension Existing Road Network Public Existing Arterial Sidewalks / Buffers None Proposed Road Improvements Dedicate additional right-of-way (ROW) to total 48’ from centerline of Amity and widen Amity to 17’ from centerline Fire Service Distance to Fire Station 2.2 miles to Fire Station #4 Fire Response Time 4 minutes (under ideal conditions) Resource Reliability 79% (does not meet the targeted goal of 85% or greater) Risk Identification 2 (resources would be adequate to supply service) Accessibility Project meets all required road widths & turnarounds; limited to 30 building permits until a secondary access is completed. Special/resource needs This project will not require an aerial device Water Supply 1,000 gallons per minute for one hour is required Police Service Distance to Police Station 3.5 miles Police Response Time 4+/- minutes Calls for Service 412 between 11/1/2017-10/31/18 (within 1 mile of site) of calls for service split by priority of P3 CFS – 0.5% of P2 CFS – 57.5% of P1 CFS – 40.8% of PO CFS – 1.2% Accessibility No issues Specialty/resource needs No additional staffing, equipment or other resources needed Crimes 8 Crashes 0 West Ada School District Distance (elem, ms, hs) Capacity of Schools/# of students currently enrolled Hillsdale Elementary – 650 capacity (751 enrollment); Victory Middle School – 1000 capacity (928 enrollment); Meridian City Council Meeting Agenda February 19, 2019 – Page 127 of 476Meridian City Council Meeting Agenda March 12, 2019 – Page 211 of 480 Page 3 C. Project Area Maps Mountain View High School – 1800 capacity (2303 enrollment) Wastewater Distance to Sewer Services Sewer Shed Estimated Project Sewer ERU’s WRRF Declining Balance Project Consistent with WW Master Plan/Facility Plan Water Distance to Water Services Pressure Zone Estimated Project Water ERU’s Water Quality Project Consistent with Water Master Plan Impacts/Concerns Future Land Use Map Aerial Map Zoning Map Planned Development Map Meridian City Council Meeting Agenda February 19, 2019 – Page 128 of 476Meridian City Council Meeting Agenda March 12, 2019 – Page 212 of 480 Page 4 III. APPLICANT INFORMATION A. Applicant: Schultz Development, PO Box 1115, Meridian, ID 83680 B. Owner: Paul Warrick, 2445 E. Amity Rd., Nampa, ID 83642 C. Representative: Matt Schultz, Schultz Development, PO Box 1115, Meridian, ID 83680 IV. PUBLIC HEARING NOTICE DATES Planning & Zoning City Council Legal notice published in newspaper 11/16/2018 Radius notice mailed to properties within 300 feet 11/13/2018 Nextdoor posting 11/13/2018 Public hearing notice sign posted on property 11/21/2018 V. STAFF ANALYSIS A. Future Land Use Map Designation (https://meridiancity.org/planning/files/CompPlan-180220-Web.pdf) The site is designated LDR (Low Density Residential), which allows for the development of single-family homes on large lots where urban services are provided. Uses may include single- family homes at gross densities of 3 dwelling units or less per acre. The Applicant requests a “step” up in density to MDR (Medium Density Residential) without an amendment to the Future Land Use Map (FLUM). The MDR designation allows smaller lots for residential purposes within City limits. Uses may include single-family Meridian City Council Meeting Agenda February 19, 2019 – Page 129 of 476Meridian City Council Meeting Agenda March 12, 2019 – Page 213 of 480 Page 5 homes at gross densities of 3 to 8 dwelling units per acre. The gross density of the proposed development is 3.6 units per acre. In residential areas, the Comprehensive Plan provides for other densities to be considered without requiring an amendment to the FLUM; however, the density can only be changed one “step” (i.e. from low to medium, not low to high). The gross density of the proposed development is 3.6 units per acre which is only 0.6 unit per acre more than allowed in the LDR designation. Staff is amenable to the request as it’s only a slight increase. B. Comprehensive Plan Policies (https://meridiancity.org/planning/files/CompPlan-180220-Web.pdf) Restrict private curb cuts and access points on collectors and arterial streets.” (3.06.02D) Provide for a wide diversity of housing types (single-family 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) Develop pathways to connect Meridian with Boise, Nampa, Kuna and Eagle.” (6.01.02C) Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity as part of a community pathway system.” (3.03.03C) Limit canal tiling and piping of ditches, creeks and drains where public safety issues are not of concern.” (5.01.01D) Improve and protect creeks (Five Mile, Eight Mile, Nine Mile, Ten Mile, South Slough, and Jackson and Evans drainages) throughout commercial, industrial and residential areas.” 5.01.01E) Evaluate the need for new residential development to provide permanent perimeter fencing, and fencing to contain construction debris on site and prevent windblown debris from entering adjacent agricultural and other properties.” (3.05.02G) Require appropriate landscaping and buffers along transportation corridor (setback, vegetation, low walls, berms, etc.).” (3.06.02G) Require new residential development to meet development standards regarding landscaping, signage, fences and walls, etc.” (3.05.02C) Require usable open space to be incorporated into new residential subdivision plats.” 3.07.02A) Incorporate creek corridors as an amenity in development design.” (5.09.01E) C. Annexation Area: The proposed annexation area is contiguous to City annexed property to the west, 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. D. Existing Structures/Site Improvements: There is one (1) existing home and several accessory structures on this site that will be removed. E. Proposed Use: The applicant proposes to construct (24 125) single-family attached detached dwellings ranging in size from 1,350 2,000 to 1,550 4,000 square feet on the perimeter of the park and along Amity Rd. in the R-4 district; and (106) single-family detached dwellings ranging in size from 1,350 to 4,000 2,200 square feet in the R-8 district. Meridian City Council Meeting Agenda February 19, 2019 – Page 130 of 476Meridian City Council Meeting Agenda March 12, 2019 – Page 214 of 480 Page 6 Single-family attached dwellings are listed as a principal permitted use in the R-4 zoning district; and single-family detached dwellings are listed as a principal permitted use in the R-4 and R-8 zoning districts per UDC Table 11-2A-2. The proposed attached and detached homes will provide diversity in housing types as desired in the Comprehensive Plan. F. Dimensional Standards (UDC 11-2): The preliminary plat and future development is required to comply with the dimensional standards listed in UDC Tables 11-2A-5 for the R-4 district; and 11-2A-6 for the R-8 district. The proposed lots comply with the dimensional standards of the applicable district, except for the street frontage of Lot 25, Block 4 which should be revised to reflect a minimum 30 foot frontage unless access is to be provided via the common driveway in which case the minimum frontage standard doesn’t apply. Future structures should comply with the minimum setbacks of the district. Lots for attached homes should depict zero lot lines (setbacks) on the interior/shared property line on the preliminary plat. G. Transportation: Per the ACHD report, Amity Rd. is planned to be widened to 5 lanes between Locust Grove Rd. and Eagle Rd. between 2022 and 2026. The proposed development is estimated to generate 1,227 vehicle trips per day; 129 per hour in the PM peak hour, based on the Traffic Impact Study which will function at better than “E” which is an acceptable level of service. A westbound center turn lane is required to be constructed on Amity Rd. at the site access Fonthill Way). Additional right-of-way is required to be dedicated to total 48 feet from centerline of Amity Rd. and widen the pavement to 17 feet from centerline with a 3-foot wide gravel shoulder abutting the site. Zeller St., which stubs at the east boundary, is required by ACHD to be relocated approximately 375 feet to the south between Lots 11 and 12, Block 7. H. Access (UDC 11-3A-3): One access is proposed via E. Amity Rd., an arterial street; a stub street (i.e. E. Scrubpine St.) at the west boundary is proposed to be extended; and stub streets are proposed to the south and east for future extension in accord with UDC standards. ACHD is requiring the Applicant to submit a road trust for ½ the projected cost of construction of a crossing over the Ten Mile Creek to be constructed when the adjacent property to the east develops. Local streets are proposed for circulation within the development. The proposed access is consistent with Comprehensive Plan action item #3.06.02D and UDC 11- 3A-3 which restricts access points on arterial streets; only one access is proposed via the arterial street (i.e. E. Amity Rd.). I. Common Driveways (UDC 11-6C-3) All common driveways are required to comply with the standards listed in UDC 11-6C-3D. Two common driveways are proposed that comply with UDC standards. An exhibit is required to be submitted with the final plat application that depicts the setbacks, fencing, building envelope and orientation of the lots and structures. Driveways for abutting properties that aren’t taking access from the common driveway(s) should be depicted on the opposite side of the shared property line away from the common driveway. Solid fencing adjacent to common driveways is prohibited unless separated by a minimum 5-foot wide landscaped buffer. Meridian City Council Meeting Agenda February 19, 2019 – Page 131 of 476Meridian City Council Meeting Agenda March 12, 2019 – Page 215 of 480 Page 7 A perpetual ingress/egress easement for the common driveway(s) is required to be filed with the Ada County Recorder, which shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment. A copy of the easement should be submitted to the Planning Division prior to signature on the final plat. J. Parking (UDC 11-3C): Off-street parking is required to be provided for single-family dwellings based on the number of bedrooms per unit (i.e. 2, 3 and 4 bedroom units require 4 per dwelling unit with at least 2 in an enclosed garage, other spaces may be enclosed or a minimum 10’ x 20’ parking pad) in accord with the standards listed in UDC Table 11-3C-6. Two- and three-car garages are proposed with parking pads in front of the garages in accord with UDC standards. K. Pathways (UDC 11-3A-8): Micro-paths between building lots and pathways through the large common area are proposed within the development; and a segment of the City’s multi-use pathway system is proposed along the east boundary of the site adjacent to the Ten Mile Creek. A 14-foot wide public pedestrian easement is required to be submitted to the Planning Division for the multi-use pathway along the Ten Mile Creek; coordinate the details of the easement with Kim Warren, Park’s Department. The proposed pathways/sidewalks provide connections to adjacent cities and developments in accord with the Comprehensive Plan and the UDC. L. Sidewalks (UDC 11-3A-17): Detached sidewalks are proposed along E. Amity Rd. and throughout most of the development with only a few segments of attached sidewalks, in accord with UDC standards. M. Parkways (UDC 11-3A-17): Eight-foot wide parkways are proposed throughout most of the development landscaped with Class II trees; parkways are provided to accommodate the required mitigation trees and are not otherwise required. N. Landscaping (UDC 11-3B): A 25-foot wide street buffer is required along E. Amity Rd. as set forth in UDC Table 11-2A-6, landscaped per the standards listed in UDC 11-3B-7C. A 50-foot wide buffer with a 20-foot wide berm is proposed, landscaped in accord with UDC standards and the Comprehensive Plan. Parkways along local streets within the development are proposed consistent with the standards listed in UDC 11-3B-7C. Common open space areas are required to be landscaped in accord with the standards listed in UDC 11-3G-3E as proposed. Landscaping along pathways is required in accord with the standards listed in UDC 11-3B-12C as proposed. Mitigation is required for all existing healthy trees 4” caliper or greater that are removed from the site with equal replacement of the total calipers lost on site up to an amount of 100% replacement in accord with UDC 11-3B-10C.5. A total of 130 caliper inches of trees are proposed to be removed from the site that requires mitigation. Mitigation calculations are included on the landscape plan in accord with UDC standards; mitigation trees are proposed to be provided within parkways along local streets within the development. Meridian City Council Meeting Agenda February 19, 2019 – Page 132 of 476Meridian City Council Meeting Agenda March 12, 2019 – Page 216 of 480 Page 8 O. Qualified Open Space (UDC 11-3G): Based on 36.22 acres of land included in the preliminary plat, a minimum of 10% (or 3.62 acres) qualified open space is required; a total of 5.46 acres (or 15%) is proposed consisting of a 2.5 acre park; common area containing pathways; half the street buffer along E. Amity Rd., an arterial street; a 50’ x 100’ (+) common area; and common area with a pond, which exceeds the minimum standards and complies with the Comprehensive Plan. Parkways with detached sidewalks are also proposed within the development to accommodate mitigation trees which adds to the open space beyond what is proposed and depicted on the qualified open space exhibit in Section VII.D. P. Qualified Site Amenities (UDC 11-3G): Based on 36.22 acres of land included in the preliminary plat, a minimum of (2) qualified site amenities are required to be provided. Proposed amenities consist of the following: pedestrian pathways throughout the development and a segment of the City’s multi-use pathway along the Ten Mile Creek corridor, a community swimming pool, clubhouse, a sitting area and additional qualified open space (20,000+ s.f.) above the minimum required from the quality of life, recreation and pedestrian or bicycle circulation system categories. The proposed amenities exceed the minimum required by the UDC and are consistent with the Comprehensive Plan; however, staff recommends children’s play equipment is also provided within the development. A detail of the play equipment should be submitted with the final plat application. A Certificate of Zoning Compliance and Design Review application is required to be submitted for the clubhouse and swimming pool. Q. Waterways (UDC 11-3A-6): The Ten Mile Creek runs along the east boundary of this site. As a natural waterway, it’s required to remain open as a natural amenity and should not be piped or otherwise covered and should be improved and protected with development in accord with the Comprehensive Plan and UDC 11- 3A-6. The Beasley Lateral also crosses this site and is proposed to either be relocated, meander north and west through the site, or diverted completely to the southeast corner pond and the creek; the Applicant is unsure at this time. R. Fencing (UDC 11-3A-6, 11-3A-7): Fencing is proposed within the development as depicted on the landscape plan. Six-foot tall closed vision fencing is proposed at the rear of building lots adjacent to common areas that are entirely visible from streets; and 6-foot tall open vision fencing is proposed adjacent to common areas and pathways that are not entirely visible from streets. There is existing vinyl fencing along the west boundary of the site installed with Whitebark Subdivision; and fencing will be installed along the southern boundary with the adjacent Southern Highlands/Sky Mesa developments. No fencing is proposed between the multi-use pathway and the Ten Mile Creek. The UDC 11-3A-6) states that fencing along natural waterways (i.e. the Ten Mile Creek) shall not prevent access to the waterway; in limited circumstances and in the interest of public safety, larger open water systems may require fencing as determined by the City Council, Director and/or Public Works Director. Council should determine if a fence is necessary along the creek to preserve public safety. S. Irrigation Easements: Irrigation easements wider than10 feet are required to be included in a common lot that is a minimum of 20 feet wide and outside of a fenced area, unless modified by City Council at a Meridian City Council Meeting Agenda February 19, 2019 – Page 133 of 476Meridian City Council Meeting Agenda March 12, 2019 – Page 217 of 480 Page 9 public hearing with notice to surrounding property owners as set forth in UDC 11-3A-6D; if applicable, compliance is required. T. Open Water Ponds (11-3G-3B.8) An irrigation pond is proposed on Lot 1, Block 7. All ponds with a permanent water level are required to have recirculated water and be maintained such that it doesn’t become a mosquito breeding ground. U. Storm Drainage (UDC 11-3A-18): An adequate storm drainage system is required in all developments in accord with the City’s adopted standards, specifications and ordinances. Design and construction shall follow best management practice as adopted by the City as set forth in UDC 11-3A-18. V. Floodplain A portion of this project lies within the Meridian Floodplain Overlay District. Prior to any development occurring in the Overlay District, a floodplain permit application, including hydraulic and hydrologic analysis is required to be completed and submitted to the City and approved by the Floodplain Administrator per MCC 10-6. W. Utilities (UDC 11-3A-21): Connection to City water and sewer services is proposed. Street lighting is required to be installed in accord with the City’s adopted standards, specifications and ordinances. See Section VIII-B Below for Public Works comments/conditions. Pressure irrigation will be provided by the New York Irrigation District via a new regional pump station for 80 acres in the southeast corner of the site. The Beasley Lateral is proposed to be routed from the north boundary at Sky Mesa to an aerated irrigation storage pond, pump station, and overflow to the Ten Mile Creek at that location per the Applicant’s narrative. X. Building Elevations (UDC 11-3A-19 | Architectural Standards Manual): Conceptual building elevations and photos were submitted for future attached and detached homes within the development, single-story and 2-stories in height, and the proposed clubhouse based on existing and proposed elevations from Berkeley Building Company included in Section VII.E. Building materials consist of a mix of materials varying from different types/styles of siding to stucco with stone veneer accents (see Exhibit F in Section VII.) The clubhouse and single-family attached dwellings are is required to comply with the design standards in the Architectural Standards Manual per UDC 11-5B-8B; detached homes are exempt from this requirement. Because the rear and/or sides of 2-story homes will be highly visible from the arterial street i.e. E. Amity Rd.), staff recommends articulation is incorporated through changes in two or more of the following: modulation (e.g. projections, recesses, step-backs, pop-outs), bays, banding, porches, balconies, material types, or other integrated architectural elements to break up monotonous wall planes and roof lines that are visible from the subject public street. Single-story structures are exempt from this requirement. VI. DECISION A. Staff: The proposed development exceeds UDC standards for qualified open space and site amenities, proposes a desirable mix in housing types and is consistent with the Comprehensive Plan and Meridian City Council Meeting Agenda February 19, 2019 – Page 134 of 476Meridian City Council Meeting Agenda March 12, 2019 – Page 218 of 480 Page 10 UDC standards. Therefore, Staff recommends approval of the proposed AZ and PP applications with a “step” up in density as requested by the Applicant in accord with the Findings in Section IX. B. Commission: The Meridian Planning & Zoning Commission heard these items on December 6, 2018. At the public hearing, the Commission moved to recommend approval of the subject AZ and PP requests. a. Summary of Commission Public Hearing: i. In favor: Matt Schultz, Applicant’s Representative; Steven Stark ii. In opposition: None iii. Commenting: Kathy Stark iv. Written testimony: Matt Schultz v. Staff presenting application: Bill Parsons vi. Other staff commenting on application: None b. Key issue(s) of Public Testimony: i. Opinion that attached homes are not appropriate for this development; ii. Concern by the Stark’s pertaining to floodplain on their property resulting from changes to the site and an increase in the water level of the Ten Mile Creek; request for an off-site condition requiring the size of the culvert to be increased underneath the bike path to equal that of the culvert going underneath Amity. c. Key Issues of Discussion by Commission: i. The requirement for a children’s play structure to be provided within the development. d. Commission Change(s) to Staff Recommendation: i. The Commission removed the requirement for children’s play equipment to be provided within the development (see VIII, A.1d and A.5). e. Outstanding Issue(s) for City Council: i. The Applicant requests Council approval of a “step” up in density from LDR to MDR for a proposed density of 3.6 units per acre. C. City Council The Meridian City Council heard these items on February 5, 2019. At the public hearing, the Council approved the subject AZ and PP requests. a. Summary of City Council Public Hearing: i. In favor: Matt Schultz, Applicant’s Representative; Joe Atalla; Roger Warrick ii. In opposition: Susan Karnes, Southern Rim Coalition iii. Commenting: Steven Stark, Kathy Stark iv. Written testimony: Bill Prolsdorfer, Elise Poulson, Lisa Nomura, Susan Karnes, Susanna Bohlman, David Palumbo, Steven & Kathy Stark v. Staff presenting application: Bill Parsons vi. Other staff commenting on application: None b. Key issue(s) of Public Testimony: i. Against requested step up in density to MDR from LDR; ii. Mr. Stark would like two existing culverts replaced with development of the site. iii. Concern pertaining to overcrowding in area schools. c. Key Issues of Discussion by Council: i. The requested step up in density from LDR to MDR; ii. The high quality of the amenity package and common area proposed. Meridian City Council Meeting Agenda February 19, 2019 – Page 135 of 476Meridian City Council Meeting Agenda March 12, 2019 – Page 219 of 480 Page 11 d. Key Council Changes to Commission Recommendation i. Modify condition #A.1d in Section III to include children’s play equipment as a required site amenity; ii. Delete condition #A.2c in Section III that requires zero lot lines to be depicted on the plat where attached homes are proposed since attached homes are no longer proposed; iii. Delete condition A.9 in Section III that requires single-family attached units to comply with design standards as attached units are no longer proposed. iv. Modify condition #A.10 in Section III to update the lot numbers consistent with the revised plat. v. Include a condition requiring the Applicant to replace the two existing culverts referenced by Mr. and Mrs. Stark as agreed upon at the Commission hearing by the Applicant (see DA provision #A.1e in Section VIII). vi. Add a DA provision allowing the developer to obtain one (1) building permit for the construction of the clubhouse prior to the subdivision being recorded (see DA provision #A.1f. in Section VIII). Meridian City Council Meeting Agenda February 19, 2019 – Page 136 of 476Meridian City Council Meeting Agenda March 12, 2019 – Page 220 of 480 Page 12 VII. EXHIBITS A. Legal Description & Exhibit Map for Annexation and Zoning Boundary Meridian City Council Meeting Agenda February 19, 2019 – Page 137 of 476Meridian City Council Meeting Agenda March 12, 2019 – Page 221 of 480 Page 13 Meridian City Council Meeting Agenda February 19, 2019 – Page 138 of 476Meridian City Council Meeting Agenda March 12, 2019 – Page 222 of 480 Page 14 Meridian City Council Meeting Agenda February 19, 2019 – Page 139 of 476Meridian City Council Meeting Agenda March 12, 2019 – Page 223 of 480 Page 15 Meridian City Council Meeting Agenda February 19, 2019 – Page 140 of 476Meridian City Council Meeting Agenda March 12, 2019 – Page 224 of 480 Page 16 Meridian City Council Meeting Agenda February 19, 2019 – Page 141 of 476Meridian City Council Meeting Agenda March 12, 2019 – Page 225 of 480 Page 17 Meridian City Council Meeting Agenda February 19, 2019 – Page 142 of 476Meridian City Council Meeting Agenda March 12, 2019 – Page 226 of 480 Page 18 Meridian City Council Meeting Agenda February 19, 2019 – Page 143 of 476Meridian City Council Meeting Agenda March 12, 2019 – Page 227 of 480 Page 19 B. Preliminary Plat (dated: 10/2/2018 1/14/2019) C. Landscape Plan (date: 10/3/2018 1/14/19) Meridian City Council Meeting Agenda February 19, 2019 – Page 144 of 476Meridian City Council Meeting Agenda March 12, 2019 – Page 228 of 480 Page 20 Meridian City Council Meeting Agenda February 19, 2019 – Page 145 of 476Meridian City Council Meeting Agenda March 12, 2019 – Page 229 of 480 Page 21 D. Qualified Open Space Exhibit (date: 10/24/2018 1/14/19) & Site Amenities Meridian City Council Meeting Agenda February 19, 2019 – Page 146 of 476Meridian City Council Meeting Agenda March 12, 2019 – Page 230 of 480 Page 22 Meridian City Council Meeting Agenda February 19, 2019 – Page 147 of 476Meridian City Council Meeting Agenda March 12, 2019 – Page 231 of 480 Page 23 E. Conceptual Building Elevations Meridian City Council Meeting Agenda February 19, 2019 – Page 148 of 476Meridian City Council Meeting Agenda March 12, 2019 – Page 232 of 480 Page 24 Meridian City Council Meeting Agenda February 19, 2019 – Page 149 of 476Meridian City Council Meeting Agenda March 12, 2019 – Page 233 of 480 Page 25 Meridian City Council Meeting Agenda February 19, 2019 – Page 150 of 476Meridian City Council Meeting Agenda March 12, 2019 – Page 234 of 480 Page 26 Meridian City Council Meeting Agenda February 19, 2019 – Page 151 of 476Meridian City Council Meeting Agenda March 12, 2019 – Page 235 of 480 Page 27 Meridian City Council Meeting Agenda February 19, 2019 – Page 152 of 476Meridian City Council Meeting Agenda March 12, 2019 – Page 236 of 480 Page 28 VIII. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION 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, landscape plan and conceptual building elevations included in Section VII and the provisions contained herein. b. The Ten Mile Creek shall remain open as a natural amenity and not be piped or otherwise covered and shall be improved and protected with development. c. A minimum of 5.46 acres (or 15% of the site) of qualified open space shall be provided within the development consisting of a 2.5 acre park; common area containing pathways; half the street buffer along E. Amity Rd., an arterial street; a 50’ x 100’ (+) common area; and common area with a pond. d. At a minimum, site amenities shall be provided within the development consisting of pedestrian pathways throughout the subdivision and a segment of the City’s multi-use pathway along the Ten Mile Creek corridor, a community swimming pool, clubhouse, children’s play equipment, a sitting area and additional qualified open space (20,000+ s.f.) above the minimum required from the quality of life, recreation and pedestrian or bicycle circulation system categories. e. The Developer shall replace the existing culvert on E. Amity Rd. and the culvert downstream to reduce the floodplain to the banks of the Ten Mile Creek as requested by Mr. and Mrs. Stark and agreed upon by the Applicant with development of the site. f. The Developer is allowed one (1) building permit for construction of the clubhouse prior to recordation of the subdivision plat. 2. The preliminary plat included in Section VII.B, shall be revised as follows: a. Lot 25, Block 4 shall have a minimum 30-foot wide street frontage unless access is to be provided via the common driveway. b. Relocate E. Zeller St. to the south approximately 375 feet as required by ACHD. c. Depict zero lot lines on the interior/shared lot lines where attached units are proposed. 3. The landscape plan included in Section VII.C shall be revised as follows: a. Relocate E. Zeller St. to the south approximately 375 feet as required by ACHD. Meridian City Council Meeting Agenda February 19, 2019 – Page 153 of 476Meridian City Council Meeting Agenda March 12, 2019 – Page 237 of 480 Page 29 4. A 14-foot wide public pedestrian easement is required to be submitted to the Planning Division for the multi-use pathway along the Ten Mile Creek prior to City Engineer signature on the final plat for the phase in which it is located; coordinate the details of the easement with Kim Warren, Park’s Department. 5. A detail of the tot lot play equipment shall be submitted with the final plat application. 6. For lots accessed by common driveways, an exhibit is required to be submitted with the final plat application that depicts the setbacks, fencing, building envelope and orientation of the lots and structures. Driveways for abutting properties that aren’t taking access from the common driveway(s) should be depicted on the opposite side of the shared property line away from the common driveway. Solid fencing adjacent to common driveways is prohibited unless separated by a minimum 5-foot wide landscaped buffer. 7. A perpetual ingress/egress easement is required to be filed with the Ada County Recorder for all common driveways, which shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment. A copy of the easement should be submitted to the Planning Division prior to signature on the final plat. 8. An irrigation pond is proposed on Lot 1, Block 7. All ponds with a permanent water level are required to have recirculated water and be maintained such that it doesn’t become a mosquito breeding ground in accord with UDC 11-3G-3B.8. 9. All single-family attached dwellings are required to comply with the design standards in the Architectural Standards Manual per UDC 11-5B-8B; an application for Design Review is required to be submitted and approved for all single-family attached dwellings prior to application for building permits. 10. The rear and/or sides of 2-story homes on Lots 2-85 and 7, Block 1 and Lots 2-3, Block 2 that are visible from the arterial street (i.e. E. Amity Rd.) are required to incorporate articulation through changes in two or more of the following: modulation (e.g. projections, recesses, step- backs, pop-outs), bays, banding, porches, balconies, material types, or other integrated architectural elements to break up monotonous wall planes and roof lines that are visible from the public street. Single-story structures are exempt from this requirement 11. A Certificate of Zoning Compliance and Design Review application is required to be submitted to the Planning Division and approved prior to application for building permits for the clubhouse and swimming pool. B. PUBLIC WORKS DEPARTMENT 1 Site Specific Conditions of Approval 1.1 A street light plan will need to be included in the final plat application. Street light plan requirements are listed in section 6-7 of the City's Design Standards. A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272 1.2 As proposed, the water distribution network can supply 1,500 gpm flow at build-out. Each phase will need to be modeled individually at the time of platting. 1.3 Prior to any development occurring in the Overlay District, a floodplain permit application, including hydraulic and hydrologic analysis is required to be completed and submitted to the City and approved by the Floodplain Administrator per MCC 10-6. Meridian City Council Meeting Agenda February 19, 2019 – Page 154 of 476Meridian City Council Meeting Agenda March 12, 2019 – Page 238 of 480 Page 30 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. 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. Meridian City Council Meeting Agenda February 19, 2019 – Page 155 of 476Meridian City Council Meeting Agenda March 12, 2019 – Page 239 of 480 Page 31 2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.10 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. Meridian City Council Meeting Agenda February 19, 2019 – Page 156 of 476Meridian City Council Meeting Agenda March 12, 2019 – Page 240 of 480 Page 32 2.23 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. C. FIRE DEPARTMENT http://weblink.meridiancity.org/weblink8/0/doc/157339/Page1.aspx D. POLICE DEPARTMENT http://weblink.meridiancity.org/weblink8/0/doc/158583/Page1.aspx E. COMMUNITY PLANNING ASSOCIATION OF SOUTHWEST IDAHO (COMPASS) http://weblink.meridiancity.org/weblink8/0/doc/158321/Page1.aspx F. BOISE PROJECT BOARD OF CONTROL http://weblink.meridiancity.org/weblink8/0/doc/157941/Page1.aspx G. CENTRAL DISTRICT HEALTH DEPARTMENT http://weblink.meridiancity.org/weblink8/0/doc/157492/Page1.aspx H. DEPARTMENT OF ENVIRONMENTAL QUALITY (DEQ) http://weblink.meridiancity.org/weblink8/0/doc/157866/Page1.aspx I. NAMPA & MERIDIAN IRRIGATION DISTRICT (NMID) http://weblink.meridiancity.org/weblink8/0/doc/157711/Page1.aspx J. WEST ADA SCHOOL DISTRICT (WASD) http://weblink.meridiancity.org/weblink8/0/doc/157975/Page1.aspx K. ADA COUNTY HIGHWAY DISTRICT (ACHD) http://weblink.meridiancity.org/weblink8/0/doc/158582/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 Applicant is proposing to annex the subject 36.22 acres of land with R-4 and R-8 zoning districts and to develop 130 125 new single-family residential homes. The City Council finds that the proposed map amendment complies with the provisions of the Comprehensive Plan with approval of a “step” up in density from LDR to MDR as proposed by the Applicant. (see Meridian City Council Meeting Agenda February 19, 2019 – Page 157 of 476Meridian City Council Meeting Agenda March 12, 2019 – Page 241 of 480 Page 33 section VII above for more information). 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-4 and R-8 zoning districts is consistent with the purpose statement for the residential districts as detailed in Section VIII above. 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 the adverse impact upon the delivery of services by any political subdivision providing public services within the City. 5. The annexation (as applicable) is in the best interest of city. The City Council finds that the annexation of the site is in the best interest of the City. 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 Policies and Goals, Section VII, 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 Exhibit B 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 development at their own cost, the City Council finds that the subdivision will not require the expenditure of capital improvement funds. Meridian City Council Meeting Agenda February 19, 2019 – Page 158 of 476Meridian City Council Meeting Agenda March 12, 2019 – Page 242 of 480 Page 34 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 provided 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 is not aware of any health, safety, or environmental problems associated with the platting of this property that would be detrimental to the public health, safety or general welfare. ACHD considers road safety issues in their analysis. 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 need to be preserved with this development. Meridian City Council Meeting Agenda February 19, 2019 – Page 159 of 476Meridian City Council Meeting Agenda March 12, 2019 – Page 243 of 480