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Keep Subdivision H-2018-0043 AZADA COUNTY RECORDER Phil McGrane 2019-031102 BOISE IDAHO Pgs=54 VICTORIA BAILEY 04/17/2019 12:04 PM CITY OF MERIDIAN, IDAHO NO FEE ► ' � ' i i� guy PARTIES; 1-. City of Meridian 2. RD 2, Inc. and, Owners/Developers 3. Corporation of the Presiding Bishop of The Church of Jesus Christ of Latter-day Saints, Owners THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this day of Irl - , 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 JHP 2, Inc, whose address is 3728 E. Vantage Pointe Lane, Meridian, Idaho 83642 hereinafter called ON INERS/DEVELOPERS, and Corporation of the Presiding Bishop of The Church of Jesus Christ: of Latter-day Saints, whose address is 50 E. Temple Street, Salt Lake City, Utah 89101, hereinafter called OWNERS. 1. RECITALS: 1.1 WHEREAS, Owners/Developers are the sole owners, in law and/or equity, of a certain tract of land in the County of Ada, State of Idaho, comprising approximately 53.47 acres of land, described in Exhibit "A.I ", and Owners are the sole owners, in law and/or equity, of a certain tract of land in the County of Ada, State of Idaho, comprising approximately 7.07 acres of land, described in Exhibit "A.2"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 Owners/Developer and Owners 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 11-58-3 of the Unified Development Code ("UDC"), which authorizes development agreements upon the annexation and/or re -zoning of land; and 1.4 WHEREAS, Owners/Developers and Owners have submitted an application for annexation and zoning of the Property, with an R-2(Low Density Residential) as described in Exhibit "A.I "and R-8 (Medium Density Residential) zoning district as described in Exhibit "A.2", under the Unified Development Code, which generally describes how the Property will be developed and/or what improvements will be made; and ]DEVELOPMENT AGREEMENT—KEEP SUBDIVISION (H-2018-0043) PAGE 1 OF 9 Meridian City Council Meeting Agenda April 16, 2019 — Page 216 of 472 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 A p r i l 1 6 , 2 0 1 9 – P a g e 2 1 7 o f 4 7 2 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 A p r i l 1 6 , 2 0 1 9 – P a g e 2 1 8 o f 4 7 2 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 A p r i l 1 6 , 2 0 1 9 – P a g e 2 1 9 o f 4 7 2 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 A p r i l 1 6 , 2 0 1 9 – P a g e 2 2 0 o f 4 7 2 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 A p r i l 1 6 , 2 0 1 9 – P a g e 2 2 1 o f 4 7 2 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 A p r i l 1 6 , 2 0 1 9 – P a g e 2 2 2 o f 4 7 2 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNERS/DEVELOPERS: JIIP 2, Inc. Its: OWNERS: Corporation of the Presiding Bishop of The Church of Jesus Christ of Latter-day Saints O�p-TED CITY OF MERIDIAN ATTEST: �o�e 010 of E IDIAM_ IDAHO Mayor T y de Weerd r Toc a� DEVELOPMENT AGREEMENT —KEEP SUBDIVISION (H-2018-0043) PAGE 8 OF 9 STATE OF f+tto ld-hA ) ss: County of A,&, S� �o N On this $ day of_, 2019, before me, the undersigned, a Notary Public in and for said State, personally appeared SIC 11- 1 C610M o nGI , known or identified to me to be the _ arQ - -� of JHP 2, Ine., 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) ( l.:lo � r, co (�0� 1�1 SIP - Q' WEEKES- WON Notary Public for Idaho It4t-ak IMP WOW I'L M-STAROFMMAH � Residing at: ,er}StiC{nci�?77 4r,,/nM CWM �. 021261202s 4 Cp pn * 7048311 My Commission Expires: OZ 70 Z� STATE OF Uf &h ) ss: Countyof SaJf t -aka k G ) On this 8 � day of Ap r, I , 2019, before me, the undersigned, a Notary Public in and for said State, personally appeared fdht andi Will known or identified to me to be the 4,op of Corporation of the Presiding Bishop of The Church of Jesus Christ of Latter-day Saints, and acknowledge to me that he executed the same on behalf of said Church. 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) .:,, KORTNEY JOHNSON • Notary Public, State of Utah! Commission # 690382 ? My Commission Expires Of, September 02, 2020 STATE OF IDAHO : ss Not PL%IX for S'1 k 0{ Vjgh Residing at: � $h[ f h My Commission Expires: q 1 I i,i 7_0 County of Ada ) On this-- day of I I _ 2019, before me, allotaryPublic, personally appeared Tammy de C_T j 55��ch(Weerd and s, know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalfofsaid City, and acknowledged tome 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. otaapu CILIA - (s ARLENE WAY Notary Public for o ��7MMISSION #67390 Residing at: nn iAlv) NOTARY PUBLIC Commission ex fres: STATE OF IDAHO p `3 '2S3' a� al� MY COMMISSION EXPIRES 3/28/22 DEVELOPAZENT AGREEMENT— KEEP SUBDIVISION (H-2018-0043) PAGE 9 OF 9 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 A p r i l 1 6 , 2 0 1 9 – P a g e 2 2 5 o f 4 7 2 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 A p r i l 1 6 , 2 0 1 9 – P a g e 2 2 6 o f 4 7 2 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 A p r i l 1 6 , 2 0 1 9 – P a g e 2 2 7 o f 4 7 2 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 A p r i l 1 6 , 2 0 1 9 – P a g e 2 2 8 o f 4 7 2 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-0043 - 1 - CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for Annexation and zoning (AZ) of 60.55 acres of land with both R-2 and R-8 zoning districts; and a Preliminary plat (PP) consisting of 59 building lots and 10 common lots on 53.47, by JHP, LLC and Corp. of the Presiding Bishopric of the Church of Jesus Christ of Latter Day Saints. Case No(s). H-2018-0043 For the City Council Hearing Date of: July 24, 2018 (Findings on August 7, 2018) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of July 24, 2018, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of July 24, 2018, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of July 24, 2018, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of July 24, 2018, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the “Local Land Use Planning Act of 1975,” codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Community Development Department, the Public Works Department and any affected party requesting notice. Meridian City Council Meeting Agenda August 7, 2018 – Page 480 of 572 EXHIBIT B Meridian City Council Meeting Agenda April 16, 2019 – Page 229 of 472 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-0043 - 2 - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of July 24, 2018, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council’s authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant’s requests for annexation and zoning and preliminary plat are hereby approved per the conditions of approval in the Staff Report for the hearing date of July 24, 2018, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer’s signature on the final plat within two (2) years of the approval of the preliminary plat or the combined preliminary and final plat or short plat (UDC 11-6B-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two (2) years, may be considered for final approval without resubmission for preliminary plat approval (UDC 11-6B-7B). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A, the Director may authorize a single extension of time to obtain the City Engineer’s signature on the final plat not to exceed two (2) years. Additional time extensions up to two (2) years as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again (UDC 11- 6B-7C). Notice of Development Agreement Duration The applicant has requested a development agreement consistent with Idaho Code section 67- 6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s) and returned to the city within six (6) months of the city council granting the modification. A modification to the development agreement may be initiated prior to signature of the Meridian City Council Meeting Agenda August 7, 2018 – Page 481 of 572Meridian City Council Meeting Agenda April 16, 2019 – Page 230 of 472 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-0043 - 3 - agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six (6) month approval period. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of July 24, 2018 Meridian City Council Meeting Agenda August 7, 2018 – Page 482 of 572Meridian City Council Meeting Agenda April 16, 2019 – Page 231 of 472 By action of the City Council at its regular meeting held on the 2018. COUNCIL PRESIDENT JOE BORTON COUNCIL VICE PRESIDENT LUKE CAVENER COUNCIL MEMBER ANNE LITTLE ROBERTS COUNCIL MEMBER TY PALMER COUNCIL MEMBER TREG BERNT COUNCIL MEMBER GENESIS MILAM MAYOR TAMMY de WEERD TIE BREAKER) Mayor Attest: C.)6y Coles C Clerk 1 day of ( VOTED VOTED ?-"I VOTED VOTED VOTED VOTED Ya VOTED ny de,XVeerd o QoRptEDAlie TS 2G I IAN IDAHp SEAL/ Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. By: My Dated: City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-0043 -4- Ke-(2 4 - Ke -e P Meridian City Council Meeting Agenda April 16, 2019 – Page 232 of 472 1 | P a ge Keep Subdivision – H-2018-0043 STAFF REPORT Hearing Date: July 24, 2018 TO: Mayor & City Council FROM: Josh Beach, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Keep Subdivision – H-2018-0043 I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, Jack L. Hammond, has submitted an application for annexation and zoning (AZ) of 60.55 acres of land with both R-8 (7.07 acres) and R-2 (53.47 acres) zoning districts; and a preliminary plat (PP) consisting of 59 building lots and 10 common lots on 53.47 acres of land for Keep Subdivision. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed AZ and PP applications in accord with the conditions of approval in Exhibit B and the Findings of Fact and Conclusions of Law in Exhibit D. The Meridian Planning & Zoning Commission heard these items on June 6, and June 21, 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: Todd Lakey (Applicant’s representative) ii. In opposition: None iii. Commenting: None iv. Written testimony: Judy Lewis v. Staff presenting application: Josh Beach vi. Other staff commenting on application: None b. Key issue(s) of Public Testimony: i. None c. Key Issues of Discussion by Commission: i. None d. Commission Change(s) to Staff Recommendation: i. Remove condition 1.1.3D e. Outstanding Issue(s) for City Council: i. None The Meridian City Council heard these items on July 24, 2018. At the public hearing, the Commission moved to approve the subject AZ and PP requests. a. Summary of Commission Public Hearing: vii. In favor: Todd Lakey (Applicant’s representative) viii. In opposition: None ix. Commenting: None x. Written testimony: None xi. Staff presenting application: Josh Beach Meridian City Council Meeting Agenda August 7, 2018 – Page 484 of 572Meridian City Council Meeting Agenda April 16, 2019 – Page 233 of 472 2 | P a ge Keep Subdivision – H-2018-0043 xii. Other staff commenting on application: None b. Key issue(s) of Public Testimony: i. None c. Key Issues of Discussion by Commission: ii. None di. Council Change(s) to Staff Recommendation: i. Remove condition 1.1.2c ii. Modify condition 1.1.1a iii. Modify condition 1.1.1d iv. Modify condition 1.1.5 v. Remove condition 7.1.7 vi. Add condition 1.1.1g as follows: “The applicant shall coordinate with ACHD and the Meridian Fire Department on the requirement for a temporary turn-around to ensure it is a requirement for the development.” f. Outstanding Issue(s) for City Council: i. None III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to recommend approval to the City Council of File Number H-2018-0043, as presented in the staff report for the hearing date of July 24, 2018, with the following modifications: (Add any proposed modifications). Denial After considering all staff, applicant and public testimony, I move to recommend denial to the City Council of File Number H-2018-0043, as presented during the hearing on July 24, 2018, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2018-0043 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is located on the southwest corner of E. Lake Hazel Road and S. Eagle Road, in the NE of Section 5, Township 2N., Range 1E. B. Owners/Applicant: JHP, LLC Corp. of the Presiding Bishop of the Church of Jesus Christ of Latter Day Saints 372 E. Vantage Point Lane 50 E. North Temple Street Meridian, ID 83642 Salt Lake City, UT 84101 C. Representative: Jarron Langston 9563 W. Harness Drive Boise, ID 83709 Meridian City Council Meeting Agenda August 7, 2018 – Page 485 of 572Meridian City Council Meeting Agenda April 16, 2019 – Page 234 of 472 3 | P a ge Keep Subdivision – H-2018-0043 E. Applicant's Statement/Justification: Please see applicant’s narrative for this information. V. PROCESS FACTS A. The subject application is for annexation and zoning and preliminary plat. A public hearing is required before the Planning & Zoning Commission and City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notification published on: May 18, 2018 (Commission); July 6, 2018 (Council) C. Radius notices mailed to properties within 300 feet on: May 10, 2018 (Commission); June 29, 2018 (Council) D. Applicant posted notice on site(s) on: May 25, 2018 (Commission); July 13, 2018 (Council) VI. LAND USE A. Existing Land Use(s) and Zoning: The annexation area consists of agricultural property and an LDS Church, zoned RUT in Ada County. B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: Single-family residential properties in Diamond Ridge Estates Subdivision, zoned RUT in Ada County; Undeveloped residential property zoned RUT in Ada County. 2. East: S. Eagle Road and single-family residential properties zoned RUT in Ada County. 3. South: One single-family residential property and undeveloped property zoned RUT in Ada County. 4. West: One single-family residential property, zoned RUT. C. History of Previous Actions: None D. Utilities: 1. Location of sewer: Temporary sewer service is being made available to this property under an agreement with the Brighton Corporation, as part of their development of Century Farm Subdivision No. 10. This temporary service location may become permanent, and is dependent on the density of future development in the region, and the progression of the west branch of the Ten Mile Trunk Sewer through the Sky Mesa Subdivision. 2. Location of water: Water is available from existing mains in E. Lake Hazel and S. Eagle Roads. 3. Issues or concerns: The water main in Bennet Court. will need to be looped to the south through the common lot to Bingley Drive for fire flow. Fire flow is limited to 1500gpm within this development, which may not be adequate given the size of the proposed lots and dwellings. Coordinate with the Building Department and Fire Department to arrange compliance alternatives. E. Physical Features: 1. Canals/Ditches Irrigation: There is an irrigation lateral (Farr) along the south side of the property. 2. Hazards: Staff is not aware of any hazards that exist on this property. 3. Flood Plain: NA Meridian City Council Meeting Agenda August 7, 2018 – Page 486 of 572Meridian City Council Meeting Agenda April 16, 2019 – Page 235 of 472 4 | P a ge Keep Subdivision – H-2018-0043 VII. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated “Low Density Residential” on the Comprehensive Plan Future Land Use Map. Low density residential areas are anticipated to contain up to three dwellings per acre. The proposed preliminary plat includes 59 single-family lots on 53.47 acres for a total gross density of 1.1 dwelling units/acre which is consistent with the LDR land use designation. Staff finds that the density is consistent with the comprehensive plan. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed use (staff analysis in italics): Support a variety of residential categories (low-, medium-, medium-high and high-density single-family, multi-family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities.” (3.07.01E) The proposed single-family detached dwellings will contribute to the variety of housing types available within the City. Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City.” (3.01.01F) City services are available and will be extended by the developer to the proposed lots upon development of the site in accord with UDC 11-3A-21. Require common area in all subdivisions.” (3.07.02F) The proposed plat depicts a total of 5.66 acres (or 10.6%) of qualified open space in accord with the requirements listed in UDC11-3G-3.The open space (as noted above) includes landscape buffer along S. Eagle and E. Lake Hazel Roads, internal parkways, and a pedestrian pathway common lot. The previous version of this plat depicted a total of 5.66 acres of land (or 10.6%) of qualified open space which is in compliance with UDC 11-3G-3. The applicant has subsequently submitted a revised plat that includes a certain amount of additional open space. The open space includes a landscape buffer along E. Lake Hazel Road, S. Eagle Road, internal pathways an common open space. Review new development for appropriate opportunities to connect local roads and collectors to adjacent properties (stub streets). (3.03.020) The proposed plat depicts a connection two connections to S. Eagle as well as a connection to E. Lake Hazel Road, as well as a stub street to the parcel to the west. Staff will require one additional stub street to the south. ACHD has indicated that the full access to E. Lake Hazel does not meet their standards and is not allowed. The applicant will need to provide an emergency access/pedestrian pathway common lot in order to meet the requirements of UDC 11-6C-3. Support infill of vacant lots in substantially developed, single-family areas at densities similar to surrounding development.” (3.07.02I) The subject property is adjacent to existing low density homes and similar lot sizes to the north in Diamond Ridge Estates Subdivision. The overall density for the project falls within the parameters of the LDR land use designation and the surrounding residential developments. Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity as part of a community pathway system.” (3.03.03B) Meridian City Council Meeting Agenda August 7, 2018 – Page 487 of 572Meridian City Council Meeting Agenda April 16, 2019 – Page 236 of 472 5 | P a ge Keep Subdivision – H-2018-0043 The applicant is proposing 5-foot detached sidewalks that will connect to proposed sidewalks along both E. Lake Hazel and S. Eagle, a stub sidewalk to the west as well as two proposed pedestrian common lots. Reduce the number of existing access points onto arterial streets by using methods such as cross access agreements, access management and frontage/backage roads.” (3.03.02N) The submitted plat depicts one access point two access points to E. Lake Hazel Road as well as a connection to S. Eagle Road. ACHD has indicated that they will not approve the proposed full access to E. Lake Hazel. The applicant will need to provide an emergency access in this location in order to meet the requirements of the UDC. Require new residential development to meet development standards regarding landscaping, signage, fences and walls, etc.” (3.05.02C) Street buffer landscaping is required adjacent to E. Lake Hazel and S. Eagle Roads in accord with the standards listed in UDC 11-3B-7C. Separate permits shall be obtained for signage and fencing in compliance with the standards listed in UDC 11-3D-5 and 11-3A-7 respectively. Coordinate with public works, police, and fire departments on proposed annexation and development requests, and the impacts on services.” (3.04.01H) Staff has coordinated with public works, police and fire and has incorporated their comments and conditions in this report. Ensure development provides safe routes and access to schools, parks and other community gathering places.” (3.07.02N) Staff is requiring the applicant to install the frontage improvements along frontage of E. Lake Hazel Road with the first phase. The surrounding area is not currently developed, however the Parks Department has plans to construct a park near the subject property, and commenced construction earlier this year. Staff finds that the sidewalk and landscape buffer should be installed to provide greater pedestrian access to the park facilities. For the above stated reasons, staff finds the proposed project is consistent with the goals and objectives in the Comprehensive Plan. VIII. UNIFIED DEVELOPMENT CODE (UDC) A. Purpose Statement of Zone: Per UDC 11-2A-1, the purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian comprehensive plan. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. B. Schedule of Use: Unified Development Code (UDC) Table 11-2A-4 and 11-2A-6 lists the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the R-2 and R-8 zoning districts. Any use not explicitly listed, or listed as a prohibited use is prohibited. The proposed use of the site for single-family detached dwellings is a principal permitted use in the R- 2 zoning district, and the current use of a church in the proposed R-8 zoning district is a conditionally approved use within that zoning district. However, since the church was approved within Ada County, the City honors that approval and will not require approval of a conditional use permit for that use to remain. Meridian City Council Meeting Agenda August 7, 2018 – Page 488 of 572Meridian City Council Meeting Agenda April 16, 2019 – Page 237 of 472 6 | P a ge Keep Subdivision – H-2018-0043 C. Dimensional Standards: Development of the site should be consistent with the dimensional standards listed in UDC Tables 11-2A-4 for the R-2 zoning district and 11-2A-6 for the R-8 zoning district. D. Landscaping: Street buffer landscaping shall be installed in accordance with the standards listed in UDC Tables 11-2A-4 for the R-2 zoned property, 11-2A-6 for the R-8 zoned property and UDC 11-3B-7C. Per UDC 11-3G-3, the plat is required to provide 5 percent open space and one amenity for every 20 acres of development area. E. Subdivision Design and Improvement Standards: The subdivision must comply with the subdivision design standards outlined in UDC 11-6C-3. F. Off-Street Parking: Off-street parking is required in accord with UDC Table 11-3C-6 for single- family dwellings. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: 1. Annexation & Zoning The applicant has applied for annexation and zoning of 60.55 acres of land with R-2 and R-8 zoning districts. As discussed above in Section VII, staff believes the proposed zoning designations are consistent with the policies in the Comprehensive Plan. The applicant requested that the church parcel be zone R-8 because churches are not allowed uses in either the R-2 or R-4 zoning districts, and are a conditional use within the R-8 zoning district. The church also entered into a consent to annex agreement in 2006. With this annexation, they are making good on their commitment to annex the parcel into the City one the property was contiguous with City limits. The applicant proposes to develop 59 new single-family residential detached homes on 53.47 acres of land as shown on the preliminary plat included in Exhibit A.2. The legal description submitted with the application, included in Exhibit C, shows the boundaries of the property proposed to be annexed. The property is contiguous to land that has been annexed into the City and is within the Area of City Impact boundary. The City may require a development agreement (DA) in conjunction with an annexation pursuant to Idaho Code section 67-6511A. 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 Exhibit B. 2. Preliminary Plat The proposed plat consists of 59 building lots and 10 common lots on 53.47 acres of land in a proposed R-2 and R-8 zoning districts (see Exhibit A.2). The gross density for the subdivision is 1.1 d.u./acre. The lots range in size from 22,120 square feet to over 77,000 square feet, with an average lot size of 31,600 square feet. Dimensional Standards: Development of this site is required to comply with the dimensional standards listed in UDC 11-2A-3 and Table 11-2A-4 for the R-2 district and 11-2A-6 for the R-8 district. Staff has reviewed the proposed plat and found it to be in compliance with those standards. Meridian City Council Meeting Agenda August 7, 2018 – Page 489 of 572Meridian City Council Meeting Agenda April 16, 2019 – Page 238 of 472 7 | P a ge Keep Subdivision – H-2018-0043 Block Length: The plat is required to comply with the block length standards listed in UDC 11- 6C-3F. Staff has reviewed the proposed plat and in order to ensure compliance with the UDC the applicant shall provide an emergency access to E. Lake Hazel in place of the full access that was denied by ACHD. UDC 11-6C-3(B)4 limits the length of a cul-de-sac. With ACHD’s requirement that the access to E. Lake Hazel be removed, Pemberly Lane is now approximately 700 feet in length and does not meet the requirements of UDC. The applicant shall revise the plat to comply with this requirement Access: Access is proposed for this site via one two accesses from E. Eagle Road and to E. Lake Hazel Road. ACHD will not allow the applicant to have direct access to E. Lake Hazel, so staff is proposing an emergency access out to Lake Hazel. Streets: The applicant is proposing public roads throughout the development. The applicant’s proposal for street section does not appear to meet the requirements of ACHD. The applicant shall comply with their requirements and shall install 8 foot parkways and 5 foot detached sidewalks throughout the development. Stub Streets: The applicant is proposing a single public stub street at the west boundary. Parking: Off-street parking is required on each residential lot in accord with the standards listed in UDC 11-3C-6. Landscaping: A landscape plan was submitted with this application for the area proposed to be platted as shown in Exhibit A.3. A 35 foot landscape buffer is required along the Lake Hazel frontage because it is considered an entryway corridor per the City’s Comprehensive Plan. A 25- foot wide street buffer is also required along S. Eagle Roads, considered an arterial roadway, per UDC Table 11-2A-6 and is required to be landscaped in accord with the standards listed in UDC 11-3B-7C. The buffer width should be measured from the back of curb per UDC 11-3B- 7C.1a (2); or, the ultimate curb location as determined by ACHD if future road widening is anticipated; revise plans accordingly. Landscaping within the common areas is required in accord with the standards listed in UDC 11-3G-3E. Tree Mitigation: If there are existing trees on the site that are proposed to be removed, the applicant should contact Elroy Huff, City Arborist, at 888-3579 to schedule an appointment to confirm mitigation requirements prior to removal of any trees on the site. The applicant shall submit a tree mitigation plan with the final plat application. Parkways: Eight-foot wide parkways are proposed in all areas where detached sidewalks are proposed in accord with the standards listed in UDC 11-3A-17E. Open Space: A minimum of 5% qualified open space is required to be provided for this development in accord with UDC 11-3G-3A.1. Based on the area of the preliminary plat (53.47 acres), a minimum of 5.34 acres of qualified open space is required to be provided as set forth in UDC 11-3A-3B. The previous version of the plat showed a total of 5.66 acres (or 10.6%) of qualified open space consisting of ½ the street buffer along E. Lake Hazel and S. Eagle Roads, and 8-foot wide parkways along the local streets. and internal common open space areas which appear to comply with this requirement. The applicant has subsequently submitted a revised plat which includes a certain amount of additional open space which remains compliant with UDC 11-3G-3. The plat reflects several pedestrian common lots that do not show the required landscaping as required by UDC 11-3B-12. The applicant shall revise the landscape plan to include the required landscaping along pedestrian pathways. Meridian City Council Meeting Agenda August 7, 2018 – Page 490 of 572Meridian City Council Meeting Agenda April 16, 2019 – Page 239 of 472 8 | P a ge Keep Subdivision – H-2018-0043 Additionally, staff is proposing that the applicant provide an additional pathway between Lots 19 and 20 of Block 3 to the west boundary of the church parcel in order to promote pedestrian accessibility to the church parcel. LDS Church Parcel: The plat as shown indicates that the applicant has purchased a portion of the LDS parcel. The applicant has not provided the final approval letter from Ada County indicating that the applicant has completed the process. Prior to the City Council hearing approval of the development agreement, the applicant shall provide the final approval letter from Ada County indicating completion of the property boundary adjustment. Site Amenities: All developments consisting of five acres of more are required to provide a minimum of one site amenity; one additional site amenity is required for each additional 20 acres per UDC 11-3G-3A.2, in accord with the standards listed in UDC 11-3G-3C. Based on the area of the preliminary plat (53.47 acres), staff requires a minimum of 4 qualified site amenities be provided. The amenities include a bike storage enclosure, a gazebo and an additional 5% open space can be applied as an additional amenity. The applicant shall provide 1 additional amenity for the subdivision. Fencing: All fencing should comply with the standards listed in UDC 11-3A-6B and 11-3A-7. The applicant shall construct fencing as proposed. Sidewalks: Sidewalks are required along all public streets as set forth in UDC 11-3A-17. The applicant proposes to construct detached sidewalks throughout the development and along both S. Eagle and E. Lake Hazel Roads in accord with UDC standards. Please note that there is attached sidewalk along the LDS church frontage of S. Eagle Road that was constructed with the church. City staff is ok not replacing the existing sidewalk with detached sidewalk. Building Elevations: The applicant has submitted some conceptual sample building elevations for future homes in this development, included in Exhibit A.4. Building materials appear to consist of a mix of stucco, masonry, hardy-back siding, wood and brick. Because homes on lots that back up to E. Lake Hazel and Eagle Roads will be highly visible, staff recommends the rear or sides of structures on lots that face the street incorporate articulation through changes in materials, color, modulation, and architectural elements horizontal and vertical) to break up monotonous wall planes and roof lines. In summary, Staff recommends approval of the proposed annexation and preliminary plat request for this site with a development agreement and the recommended conditions listed in Exhibit B of this report in accord with the Findings contained in Exhibit D. Meridian City Council Meeting Agenda August 7, 2018 – Page 491 of 572Meridian City Council Meeting Agenda April 16, 2019 – Page 240 of 472 9 | P a ge Keep Subdivision – H-2018-0043 X. EXHIBITS A. Drawings/Other 1. Vicinity Map 2. Proposed Preliminary Plat (dated: 3/28/18) 3. Proposed Landscape Plan (dated: 11/17/1711/21/2017) 4. Conceptual Building Elevations B. Agency & Department Comments/Conditions C. Legal Description & Exhibit Map for Annexation Boundary D. Required Findings from Unified Development Code Meridian City Council Meeting Agenda August 7, 2018 – Page 492 of 572Meridian City Council Meeting Agenda April 16, 2019 – Page 241 of 472 9 | P a ge Keep Subdivision – H-2018-0043 A. Drawings 1. Vicinity Map Meridian City Council Meeting Agenda August 7, 2018 – Page 493 of 572Meridian City Council Meeting Agenda April 16, 2019 – Page 242 of 472 10 | P a ge Keep Subdivision – H-2018-0043 2. Proposed Preliminary Plat (dated: 3/28/18) Meridian City Council Meeting Agenda August 7, 2018 – Page 494 of 572Meridian City Council Meeting Agenda April 16, 2019 – Page 243 of 472 11 | P a ge Keep Subdivision – H-2018-0043 3. Proposed Landscape Plan (dated; 11/17/17 11/21/2017) Meridian City Council Meeting Agenda August 7, 2018 – Page 495 of 572Meridian City Council Meeting Agenda April 16, 2019 – Page 244 of 472 12 | P a ge Keep Subdivision – H-2018-0043 Meridian City Council Meeting Agenda August 7, 2018 – Page 496 of 572Meridian City Council Meeting Agenda April 16, 2019 – Page 245 of 472 13 | P a ge Keep Subdivision – H-2018-0043 Meridian City Council Meeting Agenda August 7, 2018 – Page 497 of 572Meridian City Council Meeting Agenda April 16, 2019 – Page 246 of 472 14 | P a ge Keep Subdivision – H-2018-0043 Meridian City Council Meeting Agenda August 7, 2018 – Page 498 of 572Meridian City Council Meeting Agenda April 16, 2019 – Page 247 of 472 15 | P a ge Keep Subdivision – H-2018-0043 Meridian City Council Meeting Agenda August 7, 2018 – Page 499 of 572Meridian City Council Meeting Agenda April 16, 2019 – Page 248 of 472 16 | P a ge Keep Subdivision – H-2018-0043 4. Conceptual Building Elevations Meridian City Council Meeting Agenda August 7, 2018 – Page 500 of 572Meridian City Council Meeting Agenda April 16, 2019 – Page 249 of 472 17 | P a ge Keep Subdivision – H-2018-0043 Meridian City Council Meeting Agenda August 7, 2018 – Page 501 of 572Meridian City Council Meeting Agenda April 16, 2019 – Page 250 of 472 18 | P a ge Keep Subdivision – H-2018-0043 Meridian City Council Meeting Agenda August 7, 2018 – Page 502 of 572Meridian City Council Meeting Agenda April 16, 2019 – Page 251 of 472 19 | P a ge Keep Subdivision – H-2018-0043 B. EXHIBIT B - AGENCY & DEPARTMENT COMMENTS/CONDITIONS 1. PLANNING DIVISION 1.1 Site Specific Conditions of Approval 1.1.1 A Development Agreement (DA) is required as a provision of annexation of this property. Prior to the annexation ordinance approval, 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. A final plat application shall not be submitted to City until the agreement is executed. Currently, a fee of $303.00 shall be paid by the applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the City within six (6) months of the City Council granting annexation. The DA shall, at minimum, incorporate the following provisions: a. Except the two (2) public street accesses to S. Eagle Road and the two (2) accesses from the existing LDS church parcel, direct lot access to E. Lake Hazel and S. Eagle Roads is prohibited in accord with UDC 11-3A-3. b. Future development of this site shall be generally consistent with the preliminary plat, landscape plan and building elevations depicted in Exhibit A and the revisions noted in the staff report. c. The applicant shall comply with the submitted home elevations attached in Exhibit A.4. The rear and/or side of structures that face arterial or collector streets (Lots 2-5 of Block 1, Lots 2- 6, 8 and 38, 39 and 41 of Block 3 and Lot 3 of Block 5, ), shall incorporate articulation through changes in two or more of the following: modulation (e.g. – projections, recesses, step-backs, pop-outs), bays, banding, porches, balconies, material types, or other integrated architectural elements to break up monotonous wall planes and roof lines that are visible from the subject public street. Single-story structures are exempt from this requirement. d. The site shall develop with a minimum of 10.6% open space (5.66 acres) and shall include bike storage, a gazebo, an extra 5% open space and a tot lot in order to comply with UDC 11-3G-3. e. The church shall connect to City utilities as soon as they become available and shall abandon the septic system upon connection to City sewer. f. The applicant shall install the frontage improvements along the frontage of E. Lake Hazel Road and Eagle Road with the first phase of development. g. The applicant shall coordinate with ACHD and the Meridian Fire Department on the requirement for a temporary turn-around to ensure it is a requirement for the development. 1.1.2 The preliminary plat included in Exhibit A.2, dated 3/28/18, shall be revised as follows: a. The applicant shall provide a master grading and drainage plan for the site with the first final plat application. b. The applicant’s proposal for street section does not appear to meet the requirements of ACHD. The applicant shall comply with ACHD’s requirements and shall install 8 foot parkways and 5 foot detached sidewalks throughout the development. c. With the removal of the direct access to E. Lake Hazel, Pemberly Lane is now approximately 700 feet in length and does not meet the requirements of UDC. The applicant shall revise the plat to comply with this requirement Meridian City Council Meeting Agenda August 7, 2018 – Page 503 of 572Meridian City Council Meeting Agenda April 16, 2019 – Page 252 of 472 20 | P a ge Keep Subdivision – H-2018-0043 1.1.3 The landscape plan included in Exhibit A.3, dated 11/21/17, shall be revised as follows: a. The buffer width along E. Lake Hazel and S. Eagle Roads shall be measured from the back of curb per UDC 11-3B-7C.1a(2); or, the ultimate curb location as determined by ACHD if future road widening is anticipated; revise accordingly. b. If there are any existing trees on the site that are to be removed, the applicant should contact Elroy Huff, City Arborist, at 888-3579 to schedule an appointment to confirm mitigation requirements prior to removal of any trees on the site. Any existing trees proposed to be retained on-site shall be noted on the landscape plan submitted with a final plat application. c. The pedestrian pathway on Lot 7, Block 3 shall be landscaped in accord with UDC 11-3B-12. d. The applicant shall provide an additional micropath between Lots 19 and 20 of Block 3 to the west boundary of the church parcel. 1.1.4 The applicant shall comply with all condition of the Ada County Highway District. 1.1.5 Prior to the approval of the development agreement, the applicant shall provide the final approval letter from Ada County indicating completion of the property boundary adjustment. 1.2 General Conditions of Approval 1.2.1 Comply with all bulk, use, and development standards of the R-8 zoning district listed in UDC Table 11-2-A-5. 1.2.2 Comply with all provisions of 11-3A-3 with regard to access to streets. 1.2.3 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set forth in UDC 11-3A-6. 1.2.4 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11 -3A- 15, UDC 11-3B-6 and MCC 9-1-28. 1.2.5 Comply with the sidewalk standards as set forth in UDC 11-3A-17. 1.2.6 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-5J. 1.2.7 Construct the required landscape buffers consistent with the standards as set forth in UDC 11-3B- 7C. 1.2.8 Construct storm water integration facilities that meet the standards as set forth in UDC 11-3B- 11C. 1.2.9 Construct all parkways consistent with the standards as set forth in UDC 11-3A-17E, 11-3G-3B5 and 11-3B-7C. 1.2.10 Comply with all subdivision design and improvement standards as set forth in UDC 11-6C-3, including but not limited to cul-de-sacs, driveways, common driveways, easements, blocks, street buffers, and mailbox placement. 1.2.11 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle. 1.3 Ongoing Conditions of Approval 1.3.1 The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets the standards as set forth in UDC 11-3B-6 and to install and maintain all landscaping as set forth in UDC 11-3B-5, UDC 11-3B-13 and UDC 11-3B-14. Meridian City Council Meeting Agenda August 7, 2018 – Page 504 of 572Meridian City Council Meeting Agenda April 16, 2019 – Page 253 of 472 21 | P a ge Keep Subdivision – H-2018-0043 1.3.2 All common open space and site amenities shall be maintained by an owner's association as set forth in UDC 11-3G-3F1. 1.3.3 The project is subject to all current City of Meridian ordinances. 1.3.4 The applicant and/or property owner shall have an ongoing obligation to prune all trees to a minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the area. 1.3.6 The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. 1.3.7 The applicant and/or property owner shall have an ongoing obligation to maintain all landscaping and constructed features within the clear vision triangle consistent with the standards in UDC 11- 3A-3. 1.4 Process Conditions of Approval 1.4.1 No signs are approved with this application. Prior to installing any signs on the property, the applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3 Article D and receive approval for such signs. 1.4.2 The applicant shall complete all improvements related to public life, safety, and health as set forth in UDC 11-5C-3B. A surety agreement may be accepted for other improvements in accord with UDC 11-5C-3C. 1.4.3 The final plat, and any phase thereof, shall substantially comply with the approved preliminary plat as set forth in UDC 11-6B-3C2. 1.4.4 The applicant shall obtain approval for all successive phases of the preliminary plat within two years of the signature of the City Engineer on the previous final plat as set forth in UDC 11-6B- 7B (if applicable). 1.4.5 The preliminary plat approval shall be null and void if the applicant fails to either 1) obtain the City Engineer signature on a final plat within two years; or, 2) gain approval of a time extension as set forth in UDC 11-6B-7. 1.4.6 Upon installation of the landscaping and prior to inspection by Planning Division staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 2. PUBLIC WORKS DEPARTMENT 2.1 SITE SPECIFIC CONDITIONS OF APPROVAL 2.1.1 Type I lighting shall be required along the frontage of the development along S. Eagle Road and E. Lake Hazel Road, and Type II lighting will be required along the internal streets. A street lighting plan will be required with the submittal of development plans and final plat. Plan requirements can be found in section 6-5 of the Improvement Standards for Street Lighting at http://www.meridiancity.org/public_works.aspx?id=272 2.1.2 Temporary sewer service is being made available to this property under an agreement with the Brighton Corporation, as part of their development of Century Farm Subdivision No. 10. This temporary service location may become permanent, and is dependent on the density of future development in the region, and the progression of the west branch of the Ten Mile Trunk Sewer through the Sky Mesa Subdivision. 2.1.3 The water main in Bennet Court will need to be looped to the south through the common lot to Bingley Drive for fire flow. Fire flow is limited to 1500gpm within this development, which may Meridian City Council Meeting Agenda August 7, 2018 – Page 505 of 572Meridian City Council Meeting Agenda April 16, 2019 – Page 254 of 472 22 | P a ge Keep Subdivision – H-2018-0043 not be adequate given the size of the proposed lots and dwellings. Coordinate with the Building Department and Fire Department to arrange compliance alternatives. 2.1.4 Due to the elevation differentials in this development, the applicant shall be required to submit an engineered master grading and drainage plan for approval by the Community Development Department. This plan shall establish, at a minimum; the finish floor elevation of each building lot, the finish grade elevations of the rear lot corners, the drainage patterns away from each building pad, the drainage patterns of the overall blocks, and any special swales or subsurface drainage features necessary to control and maintain storm water drainage. Applicant's engineer shall consult the 2012 International Residential Code when establishing the finish floor elevations and drainage patterns away from the building pads. 2.1.5 With the application for a building permit, each home builder must submit lot grading and finished floor elevation consistent with the approved master grading and drainage plan for the subdivision. If deviations from the approved master grading and drainage plan are proposed, they must be submitted and approved by the Community Development Department prior to the issuance of a building permit. Any such revision proposal shall be accompanied by a written authorization from the Developer to allow a revision to the master lot grading plan. 2.1.6 The existing LDS Church situated within this project will be required to connect to the sanitary sewer system being installed as part of the development. Once sewer service is available, the church shall connect within 60-days, and terminate their existing septic system per General Condition of Approval 2.2.8 below. 2.2 General Conditions of Approval 2.2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2.2 Per Meridian City Code (MCC), the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 2.2.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian’s standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2” x 11” map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted, reviewed, and approved prior to development plan approval. 2.2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. Meridian City Council Meeting Agenda August 7, 2018 – Page 506 of 572Meridian City Council Meeting Agenda April 16, 2019 – Page 255 of 472 23 | P a ge Keep Subdivision – H-2018-0043 2.2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 2.2.6 All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. 2.2.7 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at 208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 2.2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 2.2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.2.10 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, etc., prior to signature on the final plat. 2.2.11 All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 2.2.12 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 2.2.13 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.2.17 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.2.18 The design engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. Meridian City Council Meeting Agenda August 7, 2018 – Page 507 of 572Meridian City Council Meeting Agenda April 16, 2019 – Page 256 of 472 24 | P a ge Keep Subdivision – H-2018-0043 2.2.20 At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.2.21 A street light plan will need to be included in the civil construction plans. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272. 2.2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 2.2.23 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 3. POLICE DEPARTMENT 3.1 The Police Department has no comment on this application. 4. FIRE DEPARTMENT 4.1 One and two family dwellings not exceeding 3,600 square feet require a fire-flow of 1,000 gallons per minute for a duration of 2 hours to service the entire project. One and two family dwellings in excess of 3,600 square feet require a minimum fire flow as specified in Appendix B of the International Fire Code. Fire Hydrant spacing shall be provided as required by Appendix C of the International Fire Code. 4.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department in accordance with International Fire Code Section (IFC) 508.5.4 as follows: a. Fire hydrants shall have the 4 ½” outlet face the main street or parking lot drive aisle. b. Fire hydrants shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10’. f. Fire hydrants shall be placed 18” above finished grade to the center of the 4 ½” outlets. g. Fire hydrants shall be provided to meet the requirements of IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 4.3 In accordance with International Fire Code Section 503.2.5 and Appendix D, any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. Phasing of the project may require a temporary approved turn around on streets greater than 150' in length with no outlet. 4.4 All entrances, internal roads, drive aisles, and alleys shall have a turning radius of 28’ inside and 48’ outside, per International Fire Code Section 503.2.4. Meridian City Council Meeting Agenda August 7, 2018 – Page 508 of 572Meridian City Council Meeting Agenda April 16, 2019 – Page 257 of 472 26 | P a ge Keep Subdivision – H-2018-0043 7. ADA COUNTY HIGHWAY DISTRICT 7.1 Site Specific Conditions of Approval 7.1.1 1. Dedicate 25-feet of additional right-of-way to total 50-feet of right-of-way along Lake Hazel Road, from section line, abutting the site. Right-of-way is impact fee eligible for compensation. 7.1.2 Improve Lake Hazel Road to total 17-feet of pavement with 3-foot wide gravel shoulder from section line abutting the site. 7.1.3 Construct 5-foot wide sidewalk along Lake Hazel Road abutting the site within an easement. The sidewalk should be constructed to be located a minimum 50-feet from section line to front face of sidewalk with the east section of sidewalk to taper to 43-feet from section line to tie into future Lake Hazel/Eagle intersection improvements. 7.1.4 Dedicate 15-feet of additional right-of-way to total 40-feet of right-of-way from section line abutting the northern portion of the site; and dedicate 12-feet of additional right-of-way to total 37-feet of right-of-way from section line abutting the southern portion of the site. Right-of-way will be compensated. 7.1.5 Improve Eagle Road to total 17-feet of pavement with 3-foot wide gravel shoulder from section line abutting the site. 7.1.6 Construct 5-foot wide sidewalk along Eagle Road abutting the site within an easement. The sidewalk should be constructed to be located a minimum 40-feet from section line to front face of sidewalk along the northern portion of the site with the north section of sidewalk to taper to 33- feet from section line to tie into future Lake Hazel/Eagle intersection improvements. The applicant should be required to construct the 5-foot wide sidewalk a minimum 37-feet to front face of sidewalk from section line along the southern portion of the site. 7.1.7 Construct a local street, Pemberly Lane, to intersect Eagle Road located approximately 540-feet south of Lake Hazel Road from the site. 7.1.8 Construct a local street, Bingley Drive, to intersect Eagle Road located approximately 1,600-feet south of Lake Hazel Road from the site. 7.1.9 Extend Huntly Drive as a stub street to the west property line as proposed. Install a sign at the terminus of the stub street stating that, “THIS ROAD WILL BE EXTENDED IN THE FUTURE.” 7.1.9 Construct the new streets that contain landscape medians with curb, gutter, minimum two 21-foot wide travel lanes, maximum 12-foot wide landscape medians and 5-foot wide concrete sidewalks. 7.1.10 Plat the median as right-of-way owned by ACHD; and the Developer or Homeowners Association apply for a license agreement if landscaping is to be placed within the median. 7.1.11 Construct the internal local streets as 33-foot street sections with rolled or vertical curb, gutter, and 5-foot wide sidewalk within 47-feet of right-of-way. If the sidewalks are detached, then dedicate right-of-way to 2-feet behind the back of curb and provide a sidewalk easement to 2-feet behind back of sidewalk for any public sidewalk placed outside of the dedicated right-of-way. 7.1.12 Construct the cul-de-sacs at the terminus of Darcy Court, Wickham Court, Bennet Court, and Pemberley Court with minimum 45-foot turning radius. 7.1.13 Construct the internal local streets with minimum offset of 125-feet. 7.1.14 Construct a local stub street, Wickham Place, 230-feet in length, located 825-feet south of Lake Hazel Road, to the west property line. Meridian City Council Meeting Agenda August 7, 2018 – Page 510 of 572Meridian City Council Meeting Agenda April 16, 2019 – Page 259 of 472 27 | P a ge Keep Subdivision – H-2018-0043 7.1.15 Provide a paved temporary turnaround with an easement and if the temporary easement extends onto a buildable lot, the entire lot shall be encumbered by the easement and identified on the plat as a non-buildable lot until the street is extended. 7.1.16 Provide signage at the terminus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE.” 7.1.17 Other than the access specifically approved with this application, direct lot access is prohibited to Lake Hazel Road and Eagle Road and shall be noted on the final plat. 7.1.18 Payment of impact fees is due prior to issuance of a building permit. 7.1.19 Comply with all Standard Conditions of Approval. 7.2 Standard Conditions of Approval 7.2.1 All proposed irrigation facilities shall be located outside of the ACHD right-of-way (including all easements). Any existing irrigation facilities shall be relocated outside of the ACHD right -of-way including all easements). 7.2.2 Private Utilities including sewer or water systems are prohibited from being located within the ACHD right-of-way. 7.2.3 In accordance with District policy, 7203.3, the applicant may be required to update any existing non-compliant pedestrian improvements abutting the site to meet current Americans with Disabilities Act (ADA) requirements. The applicant’s engineer should provide documentation of ADA compliance to District Development Review staff for review. 7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.2.5 A license agreement and compliance with the District’s Tree Planter policy is required for all landscaping proposed within ACHD right-of-way or easement areas. 7.2.6 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.2.7 It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 7.2.8 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District’s Utility Coordinator at 387-6258 (with file numbers) for details. 7.2.9 All design and construction shall be in accordance with the ACHD Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Standards unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.2.10 Construction, use and property development shall be in conformance with all applicable requirements of ACHD prior to District approval for occupancy. 7.2.11 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant’s authorized representative and an authorized Meridian City Council Meeting Agenda August 7, 2018 – Page 511 of 572Meridian City Council Meeting Agenda April 16, 2019 – Page 260 of 472 28 | P a ge Keep Subdivision – H-2018-0043 representative of ACHD. The burden shall be upon the applicant to obtain written confirmation of any change from ACHD. 7.2.12 If the site plan or use should change in the future, ACHD Planning Review will review the site plan and may require additional improvements to the transportation system at that time. Any change in the planned use of the property which is the subject of this application, shall require the applicant to comply with ACHD Policy and Standard Conditions of Approval in place at that time unless a waiver/variance of the requirements or other legal relief is granted by the ACHD Commission. Meridian City Council Meeting Agenda August 7, 2018 – Page 512 of 572Meridian City Council Meeting Agenda April 16, 2019 – Page 261 of 472 29 | P a ge Keep Subdivision – H-2018-0043 C. Legal Description & Exhibit Map for Annexation Boundary Meridian City Council Meeting Agenda August 7, 2018 – Page 513 of 572Meridian City Council Meeting Agenda April 16, 2019 – Page 262 of 472 30 | P a ge Keep Subdivision – H-2018-0043 Meridian City Council Meeting Agenda August 7, 2018 – Page 514 of 572Meridian City Council Meeting Agenda April 16, 2019 – Page 263 of 472 31 | P a ge Keep Subdivision – H-2018-0043 Meridian City Council Meeting Agenda August 7, 2018 – Page 515 of 572Meridian City Council Meeting Agenda April 16, 2019 – Page 264 of 472 32 | P a ge Keep Subdivision – H-2018-0043 Meridian City Council Meeting Agenda August 7, 2018 – Page 516 of 572Meridian City Council Meeting Agenda April 16, 2019 – Page 265 of 472 33 | P a ge Keep Subdivision – H-2018-0043 Meridian City Council Meeting Agenda August 7, 2018 – Page 517 of 572Meridian City Council Meeting Agenda April 16, 2019 – Page 266 of 472 34 | P a ge Keep Subdivision – H-2018-0043 Meridian City Council Meeting Agenda August 7, 2018 – Page 518 of 572Meridian City Council Meeting Agenda April 16, 2019 – Page 267 of 472 35 | P a ge Keep Subdivision – H-2018-0043 Meridian City Council Meeting Agenda August 7, 2018 – Page 519 of 572Meridian City Council Meeting Agenda April 16, 2019 – Page 268 of 472 36 | P a ge Keep Subdivision – H-2018-0043 Meridian City Council Meeting Agenda August 7, 2018 – Page 520 of 572Meridian City Council Meeting Agenda April 16, 2019 – Page 269 of 472 37 | P a ge Keep Subdivision – H-2018-0043 D. Required Findings from Unified Development Code 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; The Applicant is proposing to annex the subject 60.55 acre property with R-2 and R-8 zoning districts and develop 59 new single-family residential homes. Council finds that the proposed map amendment complies with the provisions of the Comprehensive Plan and should be compatible with adjacent residential uses (see section VII above for more information). b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Council finds that the proposed map amendment to the R-2 and R-8 zoning districts is consistent with the purpose statement for the residential districts as detailed in Section VIII above. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; Council finds that the proposed zoning map amendment will not be detrimental to the public health, safety, or welfare. City utilities will be extended at the expense of the applicant. Council considers any oral or written testimony that may be provided when determining this finding. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The annexation is in the best of interest of the City (UDC 11-5B-3.E). Council finds annexing this property with R-2 and R-8 zoning districts is in the best interest of the City if the applicant revises the plat per staff’s recommendation and enters into a development agreement. 2. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: a. The plat is in conformance with the Comprehensive Plan; Council finds that the proposed plat is in substantial compliance with the adopted Comprehensive Plan in regard to land use, transportation, and circulation. Please see Comprehensive Plan Policies and Goals, Section VII, of the Staff Report for more information. Meridian City Council Meeting Agenda August 7, 2018 – Page 521 of 572Meridian City Council Meeting Agenda April 16, 2019 – Page 270 of 472