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Gander Creek North and South H-2019-0013ADA COUNTY RECORDER Phil McGrane 2019-060657 BOISE IDAHO Pgs=62 VICTORIA BAILEY 07/10/2019 12:03 PM CITY OF MERIDIAN, IDAHO NO FEE DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Union Square, LLC/RWK Investments, LLC/Heartland Townhomes Property Management, LLC, and Kenneth P. Goldbach & Melynda A. Maxwell, Owners 3. Trilogy Development, Inc., Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this DI'), day of uG , 2019, by and between City of Meridian, a municipal corporation of the State of I aho, hereafter called CITY whose address is 33 E. Broadway Avenue, Meridian, Idaho 83642 and Union Square, LLC/RWKInvestments, LLC/Heartland Townhomes Property Management, LLC, whose address is 9839 W. Cable Car St., Ste 101, Boise, ID 83709 and Kenneth P. Goldbach & Melynda A. Maxwell, whose address is 4455 N. McDermott Rd., Meridian, ID 83646, hereinafter called OWNERS and Trilogy Development, Inc., whose address is 9839 W. Cable Car St., Ste 101, Boise, ID 83709 hereinafter called DEVELOPER. I . RECITALS: 1.1 WHEREAS, Owners are the sole owners, 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 Owners and/or Developer make a written commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section 11-513-3 of the Unified Development Code ("UDC"), which authorizes development agreements upon the annexation and/or re -zoning of land; and 1.4 WHEREAS, Owners and/or Developer have submitted an application for the annexation and zoning of 125.68 acres of land, described in Exhibit "A", to the R-8 (Medium Density Residential) zoning district, under the Unified Development Code, which generally describes how the Property will be developed and what improvements will be made; and 1.5 WHEREAS, Owner and/or Developer made representations at the public hearings both before the Meridian Planning & Zoning Commission and before DEVELOPMENT AGREEMENT— GANDER CREEK NORTH & SOUTH (H-2019-0013) PAGE 1 OF 10 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J u l y 9 , 2 0 1 9 – P a g e 1 0 0 o f 5 4 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 J u l y 9 , 2 0 1 9 – P a g e 1 0 1 o f 5 4 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 J u l y 9 , 2 0 1 9 – P a g e 1 0 2 o f 5 4 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 J u l y 9 , 2 0 1 9 – P a g e 1 0 3 o f 5 4 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 J u l y 9 , 2 0 1 9 – P a g e 1 0 4 o f 5 4 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 J u l y 9 , 2 0 1 9 – P a g e 1 0 5 o f 5 4 2 addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. 21.1 No condition governing the uses and/or conditions governing re -zoning of the subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. [end of text; signatures, acknowledgements, and Exhibits A and B follow] ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNERS: Union Square, L RWK Investmen Heartland Town By: ?ohs.A U- 5� Its: Kenneth P. Goldbach DEVELOPER: Trilogy Develol By: Its: t, LLC, Melynda A. Maxwell DEVELOPMENT AGREEMENT - GANDER CREEK NORTH & SOUTH (H-2019-0013) PAGE 8 OF 10 CITY OF MERIDIAN y Mayor Tammy de Weerd STATE OF Idaho . ss: County of Ada ATTEST: On this ?�W day of 3 u tq- , 2019, before me, the undersigned, a Notary Public in and for said State, personally appeared 14r, A L*vJA S" known or identified to me to be the mol -'Ag/ of Union Square, LLC/RWK Investments, LLC/Heartland Townhomes Property Management, LLC, and the person who signed above and acknowledged to me that he executed the same on behalf of said Company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first ab `\`v1y�gMjp ,/ •�pVIDLQeR�/j/�� • PRYPUBei� •• .Notary Public for • �� v Residing at: Ruitk WY COM SIy Commission Expires: 9 /ail 9 OnRES 9-�2019 �i� ........ OF IDP •�� ss. STATE OF Idaho ) ���i/��.. "������ County of Ada ) On this a n day of u , 2019, before me, the undersigned, a Notary Public in and for said State, personally appeared Kenneth P. Goldbach known or identified to me to be the person who signed above and acknowledged to me that he 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. ,q)0 Notary Public for Idaho � Residing at: M&I'i 4n .ld9X0 My Commission Expires: ED OEPOZ/1.4 ..4epVe . v� MY COMMISSION EXPIRES 12-18-2023 • O C+�•'rrq� OF AQP?' a'���� NUOe��\�� DEVELOPMENT AGREEMENT - GANV AP K' NORTH & SOUTH (H-2019-0013) PAGE 9 OF 10 STATE OF Idaho ss: County of Ada ) On this _),n/%day of 14 , 2019, before me, the undersigned, a Notary Public in and for said State, personally appeared kelynda A. Maxwell known or identified to me to be the person who signed above and acknowledged to me that she 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. ���HN111tl1q/� s •; �ot� ��• '� Notary Public for Idaho B J c % Residing at: m -*f -,271//g" _ MY COMMISSION _My Commission Expires: s : EXPIRES 12-18.2023 STATE OF Idaho ss: OF County of Ada) � iMg� On this W day of 2019, before me, the undersigned, a Notary Public in and for said State personally appeared :jA Pt Lark SY' known or identified to me to be the of Trilogy Development, and the person who signed above and acknowledged to me that he executed the same on behalf of said Company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first R •�o��Y PUe��� Notary Public for L 4 $ ` = Residing at: go 1 t Z ►? MY COMMISSION = My Commission Expires: glG laolq z • EXPIRES 9.2019 • STATE OF IDAHO ) %���Tq�0F10Pt'�o1�0�`•. ss /���70NNtJi�tO���\N County of Ada ) On this (1*1 day of O UIQ 2019, before me, a Notary Public, personally appeared Tammy de Weerd art� Chris Johnson, known or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ChOLA" L Notary Public for Idaho CHARLENE WAY Residing at: ` T1'QlLA4A2M) , COMMISSION #67390 Commission expires: 3 - 21$-a O lla NOTARY PUBLIC vELOPMESTAMERMDA�iANDER C EEK NORTH & SOUTH (H-2019-0013) PAGE 10 OF 10 f�1AY COMMISSION EXPIRES 3/28/22 EXHIBIT A Gander Creek H-2019-0013 Page 1 Annexation & Zoning Legal Description and Exhibit Map Meridian City Council Meeting Agenda July 9, 2019 – Page 109 of 542 Page 2 Meridian City Council Meeting Agenda July 9, 2019 – Page 110 of 542 Page 3 Meridian City Council Meeting Agenda July 9, 2019 – Page 111 of 542 Page 4 Meridian City Council Meeting Agenda July 9, 2019 – Page 112 of 542 Page 5 Meridian City Council Meeting Agenda July 9, 2019 – Page 113 of 542 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2019-0013 - 1 - CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for Annexation and Zoning of 125.68 acres of Land with an R-8 Zoning District; Preliminary Plat Consisting of 156 Building Lots and 29 Common Lots on 51.46 Acres of Land in the R-8 Zoning District for Gander Creek North Subdivision; and Preliminary Plat Consisting of 245 Building Lots and 36 Common Lots on 65.64 Acres of Land in the R-8 Zoning District for Gander Creek South Subdivision, by Trilogy Development, Inc. Case No(s). H-2019-0013 For the City Council Hearing Date of: May 28, 2019 (Findings on June 18, 2019) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of May 28, 2019, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of May 28, 2019, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of May 28, 2019, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of May 28, 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 Meridian City Council Meeting Agenda June 18, 2019 – Page 82 of 186 EXHIBIT B Meridian City Council Meeting Agenda July 9, 2019 – Page 114 of 542 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2019-0013 - 2 - Community Development Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of May 28, 2019, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council’s authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant’s request for annexation and zoning is hereby approved with the requirement of a Development Agreement; and the request for two (2) preliminary plat applications are hereby approved per the provisions in the Staff Report for the hearing date of May 28, 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 Meridian City Council Meeting Agenda June 18, 2019 – Page 83 of 186Meridian City Council Meeting Agenda July 9, 2019 – Page 115 of 542 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2019-0013 - 3 - accord with this chapter. When approved, said development agreement shall be signed by the property owner(s) and returned to the city within six (6) months of the city council granting the modification. A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six (6) month approval period. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of May 28, 2019 Meridian City Council Meeting Agenda June 18, 2019 – Page 84 of 186Meridian City Council Meeting Agenda July 9, 2019 – Page 116 of 542 By action of the City Council at its regular meeting held on the ' day of 2019. COUNCIL PRESIDENT JOE BORTON VOTED COUNCIL VICE PRESIDENT LUKE CAVENER VOTED COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED COUNCIL MEMBER TY PALMER VOTED A COUNCIL MEMBER TREG BERNT VOTED COUNCIL MEMBER GENESIS MII AM VOTED MAYOR TAMMY de WEERD VOTED TIE BREAKER) Mayor Tammy de Weer Attest: ot'tEDAUVVJ . C11I1J JO IDAHO Interim Clerk s SEAL y Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. By: U I Dated:--(O- City ated:(O- City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2019-0013 /'`1,., pew kcx, - 4 - Meridian City Council Meeting Agenda July 9, 2019 – Page 117 of 542 EXHIBIT A Page 1 HEARING DATE: May 28, 2019 TO: Mayor & City Council FROM: Sonya Allen, Associate Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: H-2019-0013 Gander Creek North & South LOCATION: Southwest corner of N. McDermott Rd. and W. McMillan Rd., in the NE ¼ of Section 32, T.4N., R.1W. Parcel No’s.: S0432110450; S0432110100; S0432110565; S0432141800; S0432110500) NOTE: This development application was submitted and went to the Planning & Zoning Commission under one preliminary plat application. During Staff’s review of the application for the staff report it was noted that the subject property is bisected by the Five Mile Creek which is owned by the Nampa & Meridian Irrigation District and not the adjacent land owner as is typical. Because the Irrigation District does not wish for their land to be part of the subdivision, the subject property is required to be included in two (2) separate preliminary plats. Since the Commission hearing, the Applicant has submitted an updated application and plans to bifurcate the proposed subdivision as required. Staff has updated the staff report accordingly. The number and configuration of building lots and common lots have not changed. I. PROJECT DESCRIPTION Annexation and zoning of 125.68 acres of land with an R-8 zoning district; and two (2) preliminary plats consisting of a total of 401 building lots, and 55 65 common lots and 5 other lots on 117.10 acres of land in the R-8 zoning district for Gander Creek Subdivision. STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT Meridian City Council Meeting Agenda June 18, 2019 – Page 86 of 186Meridian City Council Meeting Agenda July 9, 2019 – Page 118 of 542 Page 2 II. SUMMARY OF REPORT A. Project Summary B. Community Metrics Description Details Page Acreage 117.10 Future Land Use Designation MDR (3 to 8 units/acre) Existing Land Use Rural residential/agricultural Proposed Land Use(s) SFR Current Zoning RUT in Ada County Proposed Zoning R-8 Lots (# and type; bldg/common) 401 building/55 common/5 other lots Phasing plan (# of phases) 9 phases Number of Residential Units (type of units) 401 SFR units (detached) Density (gross & net) 3.42 gross/4.15 net Open Space (acres, total [%] / buffer / qualified) 12.55 acres (13%) Amenities 10’ wide multi-use pathway, internal pathways, a swimming pool, (2) children’s play structures, (2) picnic shelters, ½ basketball court Physical Features (waterways, hazards, flood plain, hillside) The Five Mile Creek bisects the northern & southern portions of this development and is owned by the Irrigation District Neighborhood meeting date; # of attendees: December 17, 2018; 5 attendees History (previous approvals) In 2015, an application for annexation & zoning and preliminary plat was denied on the northern portion of this site due to Council’s Finding that it was not in the best interest of the City to annex the property at that time. Copperbrook Sub. H-2015-0029) Description Details Page Ada County Highway District Staff report yes/no) Yes Requires ACHD Commission Action (yes/no) No Fire Service Distance to Fire Station 4 miles Fire Response Time 7:00 minutes under ideal conditions Resource Reliability 77% from Fire Station #5 – does not meet the targeted goal of 85% or greater Risk Identification 2 – Current resources would not be adequate to supply service to this project see comments in Section VII.C Accessibility Project meets all required access, road widths and turnarounds; project will be limited to 30 building lots until secondary access is available Meridian City Council Meeting Agenda June 18, 2019 – Page 87 of 186Meridian City Council Meeting Agenda July 9, 2019 – Page 119 of 542 Page 3 Special/resource needs An aerial device is not required Water Supply Requires 1,000 gallons per minute for 2 hours Other Resources NA Police Service Distance to Police Station 8.5 miles Police Response Time 5-7 minutes Calls for Service NA (site is currently in Ada County) Accessibility No issues with the proposed access Specialty/resource needs No additional resources are needed at this time; the PD already services the area to the east Wastewater Distance to Sewer Services 340 Ft. Sewer Shed North McDermott Trunkshed Estimated Project Sewer ERU’s See application information WRRF Declining Balance 13.59 Project Consistent with WW Master Plan/Facility Plan Yes Impacts/Concerns This development is subject to paying reimbursement fees for The Oaks Lift Station and Pressure Sewer Reimbursement Agreement, and the West Ada School District Reimbursement Agreement for Oaks Lift Station Pump Upgrades (currently under development) pursuant to meridian city code section 8-6-5 Water Distance to Water Services 500 Ft. Pressure Zone 1 Estimated Project Water ERU’s See application information Water Quality This development will require significant off-site utility improvements to connect to existing water system mainlines. In the early phases of this development, water demand will be low, and resident time of water in the system may be several days. This will make it difficult to maintain residual chlorine levels. This problem will decrease as homes are built and demand increases. This can also be mitigated by requiring looping of the water mains to allow water to move through the development to areas of higher demand, and by system flushing. Project Consistent with Water Master Plan Yes Impacts/Concerns Each phase must be modeled at final plat to ensure adequate fire flow. Water must be supplied from at least two mains for all phases of the development. Meridian City Council Meeting Agenda June 18, 2019 – Page 88 of 186Meridian City Council Meeting Agenda July 9, 2019 – Page 120 of 542 Page 4 C. Project Maps III. APPLICANT INFORMATION A. Applicant: Trilogy Development, Inc. – 9839 W. Cable Car St. #101, Boise, ID 83709 B. Owner: Union Square, LLC/RWK Investments, LLC/Heartland Townhomes Property Management, LLC – 9839 W. Cable Car St., Ste. 101 Boise, ID 83709 Kenneth P. Goldbach & Melynda A. Maxwell – 4455 N. McDermott Rd., Meridian, ID 83646 Future Land Use Map Aerial Map Zoning Map Planned Development Map Meridian City Council Meeting Agenda June 18, 2019 – Page 89 of 186Meridian City Council Meeting Agenda July 9, 2019 – Page 121 of 542 Page 5 C. Representative: Bob Taunton, Taunton Group, LLC – 2724 S. Palmatier Way, Boise, ID 83716 IV. NOTICING Planning & Zoning Posting Date City Council Posting Date Newspaper Notification 3/15/2019 5/10/2019 Radius notification mailed to properties within 300 feet 3/12/2019 5/7/2019 Public hearing notice sign posted on site 3/21/2019 5/17/2019 Nextdoor posting 3/12/2019 5/7/2019 V. STAFF ANALYSIS A. ANNEXATION & ZONING The Applicant requests annexation and zoning of 125.68 acres of land with an R-8 zoning district for the development of 401 single-family detached residential homes. Comprehensive Plan (https://www.meridiancity.org/compplan): The Future Land Use Map (FLUM) designation for this property is Medium Density Residential (MDR). The MDR (Medium Density Residential) designation allows smaller lots for residential purposes within City limits. Uses may include single-family homes at gross densities of 3 to 8 units per acre. Single-family residential detached homes at a gross density of 4.15 units/acre (or 3.42 units/acre including the future right- of-way easement for SH-16 and the land reserved for a fire station and service center) are proposed to develop on this site consistent with the MDR designation. Transportation: The Master Street Map (MSM) depicts a planned north/south residential collector street along the western boundary of this site at the half mile between N. McDermott & N. Star Rd. as proposed on the plat consistent with the MSM. Note: With approval of the school site to the south (i.e. Owyhee High School and future elementary school), the Developer committed to construct the collector street from McMillan Rd. to the north boundary of the school site (i.e. the subject property’s south boundary) to be substatially complete prior to issuance of the Certificate of Occupancy for the High School anticipated to open in the Fall of 2021. This access is needed in order to provide the school with two (2) points of public street access as required by the Fire and Police Departments. The Applicant and West Ada School District plan to enter into a binding agreement for such improvements upon annexation of the subject property. State Highway 16 is planned to extend in the future from W. Chinden Blvd. to the south to I-84 across the eastern portion of this site within a 300’ wide easement west of N. McDermott Rd. An overpass is conceptually planned on W. McMillan Rd. over the future SH-16. The future right-of-way and slope easements needed for these improvements are depicted on the plat included in Section VII.B although the design of these improvements are still in process and are not yet finalized. ITD has programmed funding for preliminary engineering and right-of-way acquisition on SH-16 between I-84 and SH-20/26/Chinden Blvd. (FY2019-2023 Regional Transportation Improvement Program Key Number 208158); however, construction is unfunded. Proposed Use Analysis: Single-family detached dwellings are listed in UDC Table 11-2A-2 as a principal permitted use in the R-8 zoning district. Meridian City Council Meeting Agenda June 18, 2019 – Page 90 of 186Meridian City Council Meeting Agenda July 9, 2019 – Page 122 of 542 Page 6 Comprehensive Plan Policies (https://www.meridiancity.org/compplan): Goals, Objectives, & Action Items: Staff finds the following Comprehensive Plan policies to be applicable to this application and apply to the proposed use of this property (staff analysis in italics): Provide for a wide diversity of housing types (single-family, modular, mobile homes and multi-family arrangements) and choices between ownership and rental dwelling units for all income groups in a variety of locations suitable for residential development.” (3.07.03B) Only one housing type, single-family detached homes, is proposed within this development; however, there are a mix of 5 different lot sizes proposed (i.e. 38’ wide rear load, 40’, 50’, 60’ and 70’+); Staff is unaware if the homes will be owner occupied or rental units. Provide housing options close to employment and shopping centers.” (3.07.02D) The proposed development is not currently in close proximity to any employment or shopping centers; however, a large medical campus including medical offices, a hospital, surgical center and emergency room, and other office uses are planned a mile to the north near the SH-16/Chinden intersection. The proposed development will provide housing options for this area and the adjacent mixed use designated land. Consider ACHD’s Master Street Map (MSM) in all land use decisions.” (3.03.04K) The proposed plat depicts a north/south collector street along the west boundary of this site consistent with the MSM. Require open space areas within all development.” (6.01.01A) An open space exhibit is included in Section VII.E that complies with the minimum UDC standards listed in UDC 11-3G-3. 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) The proposed development is contiguous to the City and urban services can be provided to this development. Restrict private curb cuts and access points on collectors and arterial streets.” (3.06.02D) Only one access is proposed via W. McMillan Rd., an arterial street; two accesses are proposed via the collector street; Staff is of the opinon the proposed accesses are appropriate for this development. Work with ACHD, COMPASS, and VRT on bringing public transportation to and through Meridian.” 3.03.04H) VRT’s long-term plan (ValleyConnect 2.0) does not include any service in this area. 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) Pedestrian pathways are depicted on the landscape plan throughout the development. A segment of the City’s multi-use pathway system is planned along the Five Mile Creek which bisects this site (east/west) that will assist in providing connectivity between developments and to the school site to the south. Work with transportation agencies and private property owners to preserve transportation corridors, future transit routes and infrastructure, road and highway extensions, and to facilitate access management planning.” (3.01.01J) The Applicant has been working with ITD to plan for the future extension of SH-16 across the eastern portion of this site. Develop alternative modes of transportation through pedestrian improvements, bicycle lanes, off-street pathways, and transit-oriented development as appropriate.” (3.03.03D) Pedestrian walkways are proposed internally throughout the development and a segement of the City’s multi-use pathway system is proposed off-street along the Five Mile Creek. Meridian City Council Meeting Agenda June 18, 2019 – Page 91 of 186Meridian City Council Meeting Agenda July 9, 2019 – Page 123 of 542 Page 7 Zoning: Based on the analysis above, Staff is of the opinion the requested annexation with the R-8 zoning district and proposed development and density is generally consistent with the MDR FLUM designation for this site. The proposed annexation area is contiguous to City annexed property to the south and east and is within the Area of City Impact Boundary. A legal description for the annexation area is included in Section VII.A. The City may require a development agreement (DA) in conjunction with an annexation pursuant to Idaho Code section 67-6511A. In order to ensure the site develops as proposed with this application, staff recommends a DA as a provision of annexation with the provisions included in Section VIII. Although the proposed annexation area is contiguous to City annexed property, it is located at the far west periphery of the City; annexation of this property would further the sprawl in this area. A previous development (i.e. Copperbrook Subdivision) was denied on this site in 2015 based on Council’s decision that it was not in the best interest of the City to annex the property at that time based on comments from the public hearings. Reasons for denial discussed at the hearing were that they wanted the City to develop from the inside out, rather than the outside in; and concern that stretching City services out west of McDermott would take away services to existing residents and open up another square mile for development. Since that time, the property directly to the south was annexed for the development of a high school. A lot for a fire station is proposed with this development which would assist is providing services for this development as well as the surrounding area. For this reason and because the City Council approved the annexation of the school property to the south, staff is supportive of the proposed annexation. B. PRELIMINARY PLAT The proposed preliminary plat for Gander Creek North consists of 401 156 building lots, 55 and 29 common lots on 51.46 acres of land in the R-8 zoning district; and the proposed preliminary plat for Gander Creek South consists of 245 building lots and 5 36 common lots on 65.64 other lots consisting of (4) lots reserved for ITD for future right-of-way (ROW) for the construction of SH-16 and (1) lot reserved for the City for construction of a future fire station and service center on 117.10 acres of land in the R-8 zoning district. The minimum lot size for the development is 4,000 square feet (s.f.) with an average lot size of 6,002 s.f. Five 5) different sizes of lots are proposed (i.e. 4K, 5K, 6K, 7K, and 8K square feet) for the development of traditional front-loaded lots and rear-loaded alley lots. A lot size rendering is included in Section VII.D that demonstrates the variety of lots proposed within the development. Note: It came to the attention of Staff after scheduling this application for hearing that NMID actually owns the land on which the the Five Mile Creek is located that bisects this property instead of only having an easement which is typical. Prior to the City Council hearing, the Applicant should revise the preliminary plat and associated plans and documents) to break the plat into two (2) separate preliminary plats north and south of the Five Mile Creek, obtain approval of new subdivision names from the Ada County Surveyor’s office, and submit additional application fees ($2,264). Phasing Plan: The subdivision is proposed to develop in 9 phases as shown on the phasing plan in Section VII.B. The first phase is in the northern portion of the development and will include a 2.11 acre park with a playground, picnic shelter and pathway at the entry of the development off McMillan Rd. The second phase is in the southern portion of the development and includes a 2.73 acre park with a playground, picnic shelter and pathways off N. McCrosson Ave. Because Gander Creek North and South will be developed as one project, Staff recommends a provision is included in the DA that allows the project to develop under one phasing plan as shown in Exhibit B in Section VIII. Outparcel: There is a 0.43 of an acre out-parcel that contains a residence at the northeast boundary of the site. Staff has verified it is an “original parcel of record” as defined by UDC 11-1A-1. As such, it’s not required to be included in the proposed subdivision but will create an enclave. The Applicant stated in their narrative that they have spoken to the property owners and they declined to sell their property or be included in the subject Meridian City Council Meeting Agenda June 18, 2019 – Page 92 of 186Meridian City Council Meeting Agenda July 9, 2019 – Page 124 of 542 Page 8 annexation and preliminary plat application; they also do not wish to have a sidewalk on their property along McMillan Rd. Existing Structures: There are four existing homes and accessory structures on this site. The two existing homes on Parcel S0432110100 and #S0432110500 within the future ROW area for SH-16 are now owned by the Developer and are being leased back to the previous owners until such time as right-of-way acquisition occurs for SH-16 and/or the construction of SH-16 commences; the other two existing homes outside of the ROW will be removed with development. These homes should not be expanded or enlarged. Existing homes that are proposed to remain are required to hook up to city water and sewer service within sixty 60) days after date of official notice from the City to do so; provided, that such services are within three hundred feet (300’) of any property line of the building to be served as set forth in MCC 9-1-4 and 9-4-8. The Applicant requests a waiver of this requirement as ITDright-of-way acquisition is about to commence and the homes will either be removed upon acquisition of ROW or with construction of SH-16. Existing Easements: There is an existing ingress/egress easement (Inst. #98106235) for W. Lazy Diamond C Lane and an Idaho Power easement (Inst. #8958920) noted on the plat that should be relinquished and/or vacated (as applicable) prior to signature on the final plat for the phase in which they are located. The Applicant should submit copies of easement relinquishment(s) and/or proof of vacation of the easement(s) with the final plat application as applicable. Fire Station: A 3.84 acre lot is designated at the southwest corner of the site for a City fire station and equipment service facility. The transfer to the Fire Dept. will be a combination donation and purchase transaction to take place at the time of recording the final plat that includes the lot. A condtional use permit is required for a fire station (i.e. public/quasi-public use) in the R-8 zoning district per UDC Table 11-2A-2; compliance with the associated specific use standards listed in UDC 11-4-3-30, Public or Quasi-Public Use is required. Dimensional Standards (UDC 11-2) The proposed plat and subsequent development is required to comply with the minimum dimensional standards listed in UDC Table 11-2A-6 for the R-8 district. Lots 15 and 16, Block 4 (S); and Lots 38 and 40, Block 2 (S) should be revised to reflect a minimum 30- foot wide street frontage; and Lot 12, Block 6 (S) should be a minimum of 40-feet wide measured as a chord measurement. Subdivision Design & Improvement Standards (11-6C-3): Compliance with the subdivision design and improvement standards listed in UDC 11-6C-3 is required, which includes streets (including alleys), easements and block face. The proposed plat appears to be in compliance with these standards except for a couple of blocks that exceed the maximum length of 750’ without an intersecting street or alley as follows: The face of Block 2 that fronts on W. Mill Creek Dr. and abuts the south side of the Five Mile Creek (790’+/-); and, The face of Block 2 and Block 7 that fronts on W. Redwood Creek Dr. that abuts the north side of the McFadden Drain/Five Mile Creek along the project’s south boundary (800’+/- and 763’+/-, respectively). The UDC allows for City Council to approve block faces up to 1,200’ in length where block design is constrained by site conditions that include an abutting arterial street or highway, and a large waterway and/or a large irrigation facility, which is the case in all three of these cases. Staff recommends Council approval the block face of these 3 blocks as proposed. Meridian City Council Meeting Agenda June 18, 2019 – Page 93 of 186Meridian City Council Meeting Agenda July 9, 2019 – Page 125 of 542 Page 9 North Arroyo Creek Ave. and N. Carmel Creek Ave. on the northern portion of the site are proposed as 28’ public streets, which require sidewalks to be provided on each side of the street per UDC 11-3A-17. If sidewalks aren’t desired, these streets should be constructed as alleys; signage should be provided at each end of the alleys for addressing purposes. Access (UDC 11-3A-3, 11-3H-4): One (1) full access is proposed via W. McMillan Rd., an arterial street, at the project’s north boundary and two 2) full accesses are proposed via N. McCrosson Ave., the proposed collector street, at the project’s west boundary. A secondary emergency access is proposed following the sewer alignment from McDermott Rd. and the future W. Deer Creek Dr. Direct lot access via N. McCrosson Ave., W. McMillan Rd., N. McDermott Rd./future SH-16 is prohibited, except for Lot 2, Block 7 which is planned for a fire station and should have direct access via N. McCrosson Ave. A crossing is proposed over the Five Mile Creek at the ¼ mile between N. McDermott Rd. and N. McCrosson Ave. A stub street, N. Glassford Way, is proposed to the south for future extension and interconnectivity with the school site (Owyhee High School). Parking (UDC 11-3C): Off-street parking is required to be provided for single-family detached dwellings based on the number of bedrooms per unit [i.e. 1-bedroom requires 2 per unit with at least 1 in an enclosed garage, other space may be enclosed or a minimum 10’ x 20’ parking pad; 2-, 3-, and 4-bedroom units require 4 per unit with at least 2 in an enclosed garage, other spaces may be enclosed or a minimum 10’ x 20’ parking pad(s); and 5+ bedroom units require 6 spaces per unit with at least 3 in an enclosed garage, other spaces may be enclose d or a minimum 10’ x 20’ parking pad as set forth in UDC Table 11-3C-6]. Pathways (UDC 11-3A-8): Pathways are required to be constructed in accord with the standards listed in UDC 11-3A-8 with landscaping on either side of the pathway(s) per the standards listed in UDC 11-3B-12C. Internal pedestrian walkways are proposed throughout the development linking the neighborhood to the common areas and amenities. A 10-foot wide segment of the City’s multi-use pathway is proposed along the west boundary of the site within the street buffer along N. McCrosson Ave. from the south boundary of the site to the north boundary of the Five Mile, continuing to the east along the north side of the creek to N. Glassford Ave. and then to the north through the site to McMillan Rd. for access to the future overpass over SH-16. The Park’s Dept. recommends the pathway continues from Glassford to the east boundary of the site consistent with the Pathways Master Plan. Prior to submittal of the final plat for City Engineer signature, a public access easement should be submitted for the multi-use pathway; coordinate the details with Kim Warren, Park’s Department (208-888-3579). No landscaping is depicted adjacent to the multi-use pathway along the creek; minimum 5-foot wide landscape strips are required to be provided along each side of the pathway landscaped per the standards listed in UDC 11-3B-12C – if NMID will not allow any or all of the landscaping on their property, a common lot should be provided on the subject property to accommodate the pathway and associated landscaping as needed. Sidewalks (UDC 11-3A-17): Sidewalks are required within the development in accord with the standards listed in UDC 11-3A-17. The proposed plan depicts sidewalks in accord with UDC standards, except for along N. McDermott Rd. where a minimum 5-foot wide detached sidewalk is required; the plans should be revised accordingly. Although the sidewalk will eventually be torn out when SH-16 is extended, it will likely be many years before this occurs as the project is currently unfunded and right-of-way has not yet been acquired for the extension. Parkways (UDC 11-3A-17): Parkways are required to be constructed and landscaped per the standards listed in UDC 11-3A-17E and 11- 3B-7C. Meridian City Council Meeting Agenda June 18, 2019 – Page 94 of 186Meridian City Council Meeting Agenda July 9, 2019 – Page 126 of 542 Page 10 Six-foot wide parkways are proposed on the portion of the development north of the Five Mile Creek; root barriers that are a minimum of 18 inches below subgrade adjacent to the sidewalk and a 24 inches below subgrade adjacent to the curb extending 2 inches above grade are required. Trees within the parkway are restricted to Class II trees. If 8-foot wide parkways are provided, root barriers are not required. Landscaping (UDC 11-3B): Street buffers are required to be provided as set forth in UDC Table 11-2A-6 for the R-8 district and landscaped per the standards listed in UDC 11-3B-7C. A 25-foot wide buffer is required along W. McMillan, an arterial street; a 20-foot wide buffer is required along N. McCrosson Ave., a collector street; and a 35-foot wide buffer is required adjacent to N. McDermott Rd./ future SH-16, an entryway corridor as proposed. The street buffer landscaping depicted on the landscape plan in Section VII.C far exceeds UDC standards. Note: Because the ultimate plan is for a state highway to be constructed along the project’s east boundary and an appropriate street buffer is proposed for the highway, staff does not recommend an additional buffer is required along McDermott Rd. as it would just need to be removed when the highway is constructed. Qualified Open Space (UDC 11-3G): A minimum of 10% (or 9.65 acres) of the overall developed site is required to be provided for qualified open space based on 96.54 acres (excluding the ITD easement for SH-16 and the 3.84 acre parcel reserved for the City to construct a future fire station and service center) per the standards listed in UDC 11-3G-3B. A qualified open space exhibit was submitted for the north and south portions of the development as shown in Section VII.E that depicts 6.23 acres (or 12.11%) of qualified open space in the north portion and 14.01 6.89 acres (or 12 10.5%) of qualified open space for the south portion.; however, Staff has determined based on the qualifications for open space in accord with the standards listed in UDC 11-3G-3B, some of the areas counted do not qualify while others that do qualify aren’t counted. Staff has requested the Applicant revise the exhibit accordingly but has not yet received a revised plan in order to determine consistency with UDC standards, although it appears adequate qualified open space is proposed. All stormwater detention facilities counted toward qualified open space are required to be designed in accord with the standards listed in UDC 11-3B-11C. Qualified Site Amenities (UDC 11-3G): A minimum of five (5) qualified site amenities are required to be provided for the development based on 117.10 acres of land per the standards listed in UDC 11-3G-3C. Amenities are proposed as follows: a swimming pool with a playground, picnic shelter and ½ basketball court in the 2.11 acre park at the entry to the development from McMillan Rd. in the northern portion of the development; another playground and picnic shelter in the 2.64 acre park at the entry of the development from McCrosson Ave. in the southern portion of the development; a picnic shelter in the 0.97 acre park also in the southern portion of the development; a long segment of the City’s multi-use pathway system along the west boundary of the southern portion of the development running along the north side of the Five Mile Creek to N. Glassford Way and north to McMillan Rd.; and many internal pedestrian pathways in excess of UDC standards. Waterways (UDC 11-3A-6): All ditches, laterals, canals or drainage courses lying on the subject property are required to be piped or otherwise covered unless improved as a water amenity or linear open space in which case they may remain open as set forth in UDC 11-3A-6. The Five Mile Creek is located off-site between the north and south portions of this development on land owned by NMID; the Irrigation District’s easement is a minimum of 100 feet (50 feet from centerline each direction). The creek should be protected during construction as set forth in UDC 11-3A-6B.1. Meridian City Council Meeting Agenda June 18, 2019 – Page 95 of 186Meridian City Council Meeting Agenda July 9, 2019 – Page 127 of 542 Page 11 The Noble Lateral is piped and runs along the east boundary of the site within a 30-foot wide easement. The McFadden Drain (shown on City maps as the Five Mile Creek) runs along the south boundary of this site on the adjacent property within an 85-foot wide easement (50’ left and 35’ right facing downstream). All irrigation easements for the Five Mile Creek, McFadden Drain and/or other facilities that encroach on this site should be depicted on the plat. If the easement is wider than 10 feet it’s required to be included in a common lot that is a minimum of 20 feet wide and outside of a fenced area, unless otherwise modified by City Council as set forth in UDC 11-3A-6. Any encroachments within NMID’s easements will require a License Agreement. Floodplain: Many of the building lots adjacent to the Five Mile creek lie within the floodplain (i.e. FEMA Flood Zone A). A floodplain development permit is required to be obtained from the City Public Work’s Department prior to development occurring within the floodplain. Fencing (UDC 11-3A-6, 11-3A-7, 11-3H-4D): All fencing constructed on the site is required to comply with the standards listed in UDC 11-3A-6, 11-3A-7 and 11-3H-4D. Fencing is proposed on the landscape plan as follows: 5-foot tall wrought iron fencing is proposed along the rear of building lots adjacent to the Five Mile Creek and the McFadden Drain; 4-foot tall vinyl fencing is proposed adjacent to internal common areas not visible from a public street and pathways; and a 6-foot tall vinyl fence is proposed along the perimeter of the development and adjacent to common areas that are visible from a public street. A 4-foot tall berm with a 6-foot tall concrete wall on top is proposed along the east boundary of the site adjacent to N. McDermott Rd./future SH-16 as noise abatement for residential properties from the future state highway as required by UDC 11-3H-4D (see exhibit in Section VII.C). An exhibit should be submitted with the final plat applications for Phases 5 and 9 (i.e. the phases containing lots that abut McDermott Rd./future SH-16) that depicts the centerline (or estimated centerline) of the future SH-16 to ensure the top of the berm/wall combination is a minimum of 10 feet higher than the elevation at the centerline of the state highway as required. A 6-foot tall vinyl fence is proposed along the rear of building lots abutting the street buffer along future SH-16 which will create a 15-foot wide corridor hidden between two fences/walls that may create CPTED (Crime Prevention through Environmental Design) safety issues and possibly maintenance issues for landscaping between the two fences. Staff recommends the 6-foot tall closed vision fence is removed and a use easement recorded across the back side of the berm along McDermott/SH-16 benefitting adjacent building lots with allowance for side yard fences to be constructed to the wall on top of the berm; or, an open vision, 4-foot tall closed vision, or 4-foot tall closed vision with 2 foot open vision fencing on top could be constructed for visibility of the common area between the fence and wall on top of the berm. Staff recommends fencing (chain-link or wrought iron) is constructed on the south side of the multi-use pathway along the Five Mile Creek for public safety that complies with the standards listed in UDC 11- 3A-6C. Utilities (UDC 11-3A-21): Connection to City water and sewer services is proposed in accord with UDC 11-3A-21. 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. Pressurized Irrigation System (UDC 11-3A-15): An underground pressurized irrigation system is required to be provided for each lot within the development. Meridian City Council Meeting Agenda June 18, 2019 – Page 96 of 186Meridian City Council Meeting Agenda July 9, 2019 – Page 128 of 542 Page 12 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. Contours should be depicted on the plat for all storm drainage facilities that demonstrate compliance with UDC 11-3B-11C [i.e. slopes are required to be less than or equal to three to one (3:1) horizontal:vertical) for accessibility and maintenance]. Building Elevations (UDC 11-3A-19 | Architectural Standards Manual): Conceptual building elevations were submitted for the proposed single-family detached structures as shown in Section VII.G. A variety of 1- and 2-story homes are proposed with a combination of front and rear entry garages in an assortment of building materials. Because the rear and/or sides of 2-story structures that face W. McMillan Rd., an arterial street; N. McDermott Rd./future SH-16, an arterial street/future state highway and entryway corridor; and N. McCrosson Ave., a collector street, will be highly visible, Staff recommends they 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 VI. DECISION A. Staff: Staff recommends approval of the proposed Annexation & Zoning with the requirement of a Development Agreement and Preliminary Plat per the conditions included in Section VIII in accord with the Findings in Section IX. B. The Meridian Planning & Zoning Commission heard these items on April 4 and 18, 2019. At the public hearing on April 18th, the Commission moved to recommend approval of the subject AZ and PP requests. 1. Summary of Commission public hearing: a. In favor: Bob Taunton, Taunton Group; David Bailey, Bailey Engineering; Kevin Amar, Biltmore Company; Sonia Daleiden, Kittleson and Associates b. In opposition: None c. Commenting: Joe Yochum, West Ada School District; David McKinney d. Written testimony: Shawn Brownlee e. Staff presenting application: Sonya Allen f. Other Staff commenting on application: Mark Niemeyer, Fire Chief; Bill Parsons 2. Key issue(s) of public testimony: a. Adequacy of proposed berm and wall as a buffer along the east boundary of the subdivision adjacent to future SH-16 – belief that additional buffering should be required; b. Provision of additional pathways and wider sidewalks to accommodate both bicyclists and pedestrians – in favor of extension of the multi-use pathway along the north side of the creek to McDermott Rd. for connection with the pathway in the Oaks Subdivision to the east – would like to see more of a direct pedestrian connection from internal pathways along Glassford to the school site to the south through Block 4. 3. Key issue(s) of discussion by Commission: a. The extension of the multi-use pathway along the Five Mile Creek east of N. Glassford Way to McDermott Rd.; Meridian City Council Meeting Agenda June 18, 2019 – Page 97 of 186Meridian City Council Meeting Agenda July 9, 2019 – Page 129 of 542 Page 13 b. The ability of the Fire Dept. to adequately service the proposed development within desired response times until construction of another fire station occurs; c. In favor of the mix of lot sizes proposed; d. Concern pertaining to adequacy of parking for the swimming pool 4. Commission change(s) to Staff recommendation: a. Modification to conditions #A.1b and #A.1c in Section VIII in regard to the timing for construction of N. McCrosson Ave. and the pedestrian walkways along the entire frontage of the site along McCrosson Ave. and McMillan Rd. from the first phase of development to the earlier part of the second phase or at the time of substantial completion of the high school consistent with the WASD’s construction timeline for the high school with submittal of a letter of intent to that effect from WASD. b. The Commission was supportive of the Applicant’s request for Council approval of a waiver to hook up to City water and sewer services for the home(s) located within the future SH-16 right-of-way. c. Add a micro-path connection through Block 4 in the southern portion of the development for a more direct pedestrian connection to the school site to the south reflected on the revised plans); d. Add a requirement for the provision of a minimum of 6 parking spaces at the swimming pool area (see condition #A.1l in Section VIII); e. Recommendation for the Applicant to work with the Park’s Dept. to determine multi-use pathway requirements consistent with the Pathways Master Plan, specifically along the creek; (The Park’s Dept. amended their conditions to not require a pathway along the north side of the creek east of Glassford Way to McDermott Rd – deleted condition A.3g in Section VIII.) f. Allowance for the sidewalk along N. McDermott Rd. to be constructed with the last phase of development (see condition #A.2i in Section VIII); g. Modify the sound attenuation wall along the east boundary adjacent to future SH-16 to reflect a 12-foot tall berm (see condition #A.3j). 5. Outstanding issue(s) for City Council: a. The plan for McMillan Rd.crossing SH-16 may shift from an overpass to SH-16 going over McMillan Rd. This scenario would likely result in a lesser amount of right-of-way needed along McMillan Rd. which might enable the out-parcel to possibly redevelop in the future with buildable lots. In this scenario an access to a local street should be provided with this development to that parcel as set forth in UDC 11-3A-3; this could be accomplished by the provision of a common driveway through Lot 36, Block 9. C. The Meridian City Council heard these items on May 28, 2019. At the public hearing, the Council moved to approve the subject AZ and PP requests. 1. Summary of the City Council public hearing: a. In favor: Bob Taunton, Taunton Group; Sonia Daleiden, Kittleson and Associates; Kevin Amar, Biltmore Company b. In opposition: None c. Commenting: Joe Yochum, West Ada School District; Denise LaFever d. Written testimony: Bob Taunton, Taunton Group e. Staff presenting application: Sonya Allen f. Other Staff commenting on application: Joe Bongiorno 2. Key issue(s) of public testimony: a. Appreciation of the joint effort with the school district for the extension of the mid-mile collector street for the high school. 3. Key issue(s) of discussion by City Council: Meridian City Council Meeting Agenda June 18, 2019 – Page 98 of 186Meridian City Council Meeting Agenda July 9, 2019 – Page 130 of 542 Page 14 a. The provision of a sidewalk along the entire frontage of the site on McMillan Rd. and McCrosson Ave. with the first phase of development; b. The height of the berm and/or berm/wall combination for noise abatement along the future SH-16; c. Potential enrollment impacts on area schools from the proposed development. 4. City Council change(s) to Commission recommendation: a. Change condition #A.1c in Section VIII to reflect construction ofhte sidewalk along McMillan Rd. and McCrosson Ave. with the first phase of development as agreed upon by the Applicant; b. City Council approved a waiver to MCC 9-4-1 and 9-4-8 to not require the existing home on Parcel #S0432110100 to hook up to City water and sewer services (see condition #A.1g in Section VIII). c. Modify condition #A.1h to remove the existing home on Parcel #S0432110500 from the requirement/waiver to hook up to City water and sewer services; d. Modify conditions #A.1i and #A.3j to require a 6-foot tall berm with a 6-foot tall wall on top of the berm for noise abatement along the east boundary of the subidivisons adjacent to future SH-16; e. Modification to #A.2h change the street name from W. Mill Creek Dr. to W. Plateau Creek St. and note that City Council approved a waiver to UDC 11-6C-3F to exceed the maximum block length in the areas noted; f. Modify condition #A.3b to reflect a 12-foot tall berm/wall instead of a 6-foot tall berm/wall; and, g. Include a requirement for local street access to be provided to the out-parcel along McMillan Rd. in Gander Creek North in accord with UDC 11-3A-3 (see condition A.2k in Section VIII). The Applicant requested clarification from City Council at the hearing on June 11, 2019 in regard to DA provisions #A.1c pertaining to the timing of construction of the pedestrian walkways along the frontage of the site along McCrosson Ave. and McMillan Rd; and #A.3b pertaining to where the height of the berm/wall along future SH-16 will be measured from. In regard to provision #A.1c the Council clarified the timing for construction of the walkways should take place with the earlier part of the 2nd phase of development or at the time of substantial completion of the high school, consistent with WASD’s construction timeline for the high school; and in regard to provision #A.3b, Council determined the provision should stay the same with the allowance for the Applicant to request Alternative Compliance as allowed by UDC 11- 3H-4D.4 if needed. Meridian City Council Meeting Agenda June 18, 2019 – Page 99 of 186Meridian City Council Meeting Agenda July 9, 2019 – Page 131 of 542 Page 15 VII. EXHIBITS A. Annexation & Zoning Legal Description and Exhibit Map Meridian City Council Meeting Agenda June 18, 2019 – Page 100 of 186Meridian City Council Meeting Agenda July 9, 2019 – Page 132 of 542 Page 16 Meridian City Council Meeting Agenda June 18, 2019 – Page 101 of 186Meridian City Council Meeting Agenda July 9, 2019 – Page 133 of 542 Page 17 Meridian City Council Meeting Agenda June 18, 2019 – Page 102 of 186Meridian City Council Meeting Agenda July 9, 2019 – Page 134 of 542 Page 18 Meridian City Council Meeting Agenda June 18, 2019 – Page 103 of 186Meridian City Council Meeting Agenda July 9, 2019 – Page 135 of 542 Page 19 Meridian City Council Meeting Agenda June 18, 2019 – Page 104 of 186Meridian City Council Meeting Agenda July 9, 2019 – Page 136 of 542 Page 20 B. Preliminary Plats (date: 2/12/2019 05/13/2019) & Phasing Plan (dated: 5/21/2019) REVISED Meridian City Council Meeting Agenda June 18, 2019 – Page 105 of 186Meridian City Council Meeting Agenda July 9, 2019 – Page 137 of 542 Page 21 Meridian City Council Meeting Agenda June 18, 2019 – Page 106 of 186Meridian City Council Meeting Agenda July 9, 2019 – Page 138 of 542 Page 22 Meridian City Council Meeting Agenda June 18, 2019 – Page 107 of 186Meridian City Council Meeting Agenda July 9, 2019 – Page 139 of 542 Page 23 Meridian City Council Meeting Agenda June 18, 2019 – Page 108 of 186Meridian City Council Meeting Agenda July 9, 2019 – Page 140 of 542 Page 24 C. Landscape Plan (date: 2/14/2019 5/10/2019) REVISED Meridian City Council Meeting Agenda June 18, 2019 – Page 109 of 186Meridian City Council Meeting Agenda July 9, 2019 – Page 141 of 542 Page 25 Meridian City Council Meeting Agenda June 18, 2019 – Page 110 of 186Meridian City Council Meeting Agenda July 9, 2019 – Page 142 of 542 Page 26 Meridian City Council Meeting Agenda June 18, 2019 – Page 111 of 186Meridian City Council Meeting Agenda July 9, 2019 – Page 143 of 542 Page 27 Meridian City Council Meeting Agenda June 18, 2019 – Page 112 of 186Meridian City Council Meeting Agenda July 9, 2019 – Page 144 of 542 Page 28 Meridian City Council Meeting Agenda June 18, 2019 – Page 113 of 186Meridian City Council Meeting Agenda July 9, 2019 – Page 145 of 542 Page 29 D. Lot Size Rendering (dated: 2/14/19) - REVISED Meridian City Council Meeting Agenda June 18, 2019 – Page 114 of 186Meridian City Council Meeting Agenda July 9, 2019 – Page 146 of 542 Page 30 E. Qualified Open Space Exhibit (dated: 2/12/19 5/13/19) REVISED Meridian City Council Meeting Agenda June 18, 2019 – Page 115 of 186Meridian City Council Meeting Agenda July 9, 2019 – Page 147 of 542 Page 31 F. Parks and Pathways - REVISED Meridian City Council Meeting Agenda June 18, 2019 – Page 116 of 186Meridian City Council Meeting Agenda July 9, 2019 – Page 148 of 542 Page 32 G. Conceptual Building Elevations/Perspectives (dated: 1/10/19) Tresidio: Meridian City Council Meeting Agenda June 18, 2019 – Page 117 of 186Meridian City Council Meeting Agenda July 9, 2019 – Page 149 of 542 Page 33 Biltmore Elevations: Meridian City Council Meeting Agenda June 18, 2019 – Page 118 of 186Meridian City Council Meeting Agenda July 9, 2019 – Page 150 of 542 Page 34 Meridian City Council Meeting Agenda June 18, 2019 – Page 119 of 186Meridian City Council Meeting Agenda July 9, 2019 – Page 151 of 542 Page 35 VIII. CITY/AGENCY COMMENTS & CONDITIONS Prior to the City Council hearing, the Applicant shall revise the preliminary plat (and associated plans and documents) to break the plat into two (2) separate preliminary plats north and south of the Five Mile Creek, obtain approval of new subdivision names from the Ada County Surveyor’s office, and submit additional application fees ($2,264). Done A revised qualified open space exhibit shall also be submitted prior to the City Council hearing that complies with the standards listed in UDC 11-3G-3B. 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 plats and phasing plan, landscape plans and conceptual building elevations included in Section VII and the provisions contained in the staff report. The two (2) preliminary plats shall be allowed to develop as one project in accord with the phasing plan for the overall development. b. The Developer shall construct a mid-mile collector street (N. McCrosson Ave.) from W. McMillan Rd. to the north boundary of the school property to the south (approximately 1,970’+/-) with the first earlier part of the second phase of development or at the time of substantial completion of the high school, consistent with the West Ada School District’s construction timeline for the high school. The Developer shall submit a letter of intent from the school district outlining their timeline for construction of the high school with submittal of the first final plat application. c. The Developer shall construct pedestrian walkways along the entire frontage of the site adjacent to N. McCrosson Ave. and W. McMillan Rd. with the first earlier part of the second phase of development or at the time of substantial completion of the high school, consistent with West Ada School District’s construction timeline for the high school, for safe access to the school site to the south for children walking to school. d. The Developer shall continue to coordinate with the Idaho Transportation Department as development occurs to ensure adequate area is provided for the future construction of SH-16, the overpass on McMillan Rd. over future SH-16, and other associated improvements. e. A 10-foot wide multi-use pathway shall be constructed on this site as required by the Park’s Department in accord with the Pathways Master Plan with landscaping along either side of the pathway as set forth in UDC 11-3B-12C. f. The Five Mile creek, which lies on land owned by Nampa & Meridian Irrigation District between the north and south portions of this development, shall be protected during construction. g. City Council approved a waiver to MCC 9-4-1 and 9-4-8 to not require Tthe existing homes located within the future right-of-way area for SH-16 along the east boundary of the site on Parcel No. S0432110100 and S0432110500 shall to hook up to city water and sewer service within sixty (60) days after date of official notice from the City to do so; provided, that such services are within three hundred feet (300’) of any property line of the building to be served as set forth in MCC 9-1-4 and 9-4- 8 unless otherwise waived by City Council. At such time, as municipal services are provided, the Meridian City Council Meeting Agenda June 18, 2019 – Page 120 of 186Meridian City Council Meeting Agenda July 9, 2019 – Page 152 of 542 Page 36 property shall be disconnected from private systems. The Applicant is requesting a waiver of this requirement as ITD right-of-way acquisition is about to commence. h. The existing homes located within the future right-of-way area for SH-16 along the east boundary of the site on Parcel No. S0432110100 and S0432110500 shall not be expanded or enlarged. i. The Developer shall provide noise abatement along the east boundary of the site adjacent to future SH- 16 in the form of a 6-foot tall berm with a 6-foot tall wall on top of the berm as required by City Council at the hearing on May 28, 2019 in accord with set forth in UDC 11-3H-4D for residential uses adjoining state highways. j. The rear and/or sides of structures that face W. McMillan Rd., an arterial street; N. McDermott Rd./future SH-16, an arterial street/future state highway and entryway corridor; and N. McCrosson Ave., a collector street, 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. k. The Developer shall coordinate with the Meridian Fire Department on a combination donation and purchase transaction for Lot 2, Block 7 for the development of a future fire station and equipment service facility. The transfer to the Fire Department shall take place with recordation of the final plat phase that includes Lot 2, Block 7. A conditional use permit is required for a fire station (i.e. public/quasi-public use) in the R-8 zoning district per UDC Table 11-2A-2; compliance with the associated specific use standards listed in UDC 11-4-3-30, Public or Quasi-Public Use is required. l. The parking lot for the swimming pool shall contain a minimum of six (6) parking spaces. 2. The preliminary plats for Gander Creek North (N) and Gander Creek South (S) included in Section VII.B, shall be revised as follows (as applicable): a. Include a note stating direct lot access via N. McCrosson Ave., W. McMillan Rd., N. McDermott Rd./future SH-16 is prohibited, except for Lot 2, Block 7 which is planned for a fire station and shall have direct access via N. McCrosson Ave. b. On the 57-foot wide typical street section detail on Sheet PP-2, depict root barriers for the 6-foot wide parkways that are a minimum of 18 inches below subgrade adjacent to the sidewalk and a 24 inches below subgrade adjacent to the curb extending 2 inches above grade. c. Depict a typical street section detail for the 20-foot wide alleys. Done d. Depict contours for all storm drainage facilities that demonstrate compliance with UDC 11-3B-11C i.e. slopes are required to be less than or equal to three to one (3:1) (horizontal:vertical) for accessibility and maintenance]. e. Depict irrigation easements for the Five Mile Creek, McFadden Drain (shown on City maps as the Five Mile Creek), and any and all other facilities that encroach on this site. If the easement is wider than 10 feet it shall be included in a common lot that is a minimum of 20 feet wide and outside of a fenced area, unless otherwise modified by City Council as set forth in UDC 11-3A-6. f. N. Arroyo Creek Ave. and N. Carmel Creek Ave. shall be alleys instead of 28’ public streets and shall comply with the standards listed in UDC 11-6C-3B.5. Done g. Lots 15 and 16 and 17, Block 4 (S); and Lots 38 and 40, Block 2 (S) should be revised to reflect a minimum 30-foot wide street frontage; and Lot 12, Block 6 (S) should be a minimum of 40-feet wide measured as a chord measurement. Meridian City Council Meeting Agenda June 18, 2019 – Page 121 of 186Meridian City Council Meeting Agenda July 9, 2019 – Page 153 of 542 Page 37 h. The face of Block 2 that fronts on W. Mill Creek Dr.W. Plateau Creek St., east of N. Glassford Way, abutting the south side of the Five Mile Creek (790’+/-); and, the face of Blocks 2 and 7 that fronts on W. Redwood Creek Dr. that abut the north side of the McFadden Drain/Five Mile Creek along the project’s south boundary (800’+/- and 763’+/-, respectively) exceed the maximum block length of 750’ without an intersecting street or alley per UDC 11-6C-3F; revise accordingly unless otherwise approved by City Council City Council approved a waiver to this standard for the aforementioned block faces as requested. The UDC allows for City Council to approve block faces up to 1,200’ in length where block design is constrained by site conditions that include an abutting arterial street or highway, and a large waterway and/or a large irrigation facility, which is the situation in all three of these cases. Staff recommends Council approve the block faces as proposed. i. A 5-foot wide detached sidewalk is required along N. McDermott Rd. in accord with UDC 11-3A-17 to be constructed with the last phase of development. j. Depict a minimum 20-foot wide street buffer on Lot 2, Block 7 along N. McCrosson Avenue in a common lot in accord with UDC 11-3B-7C.2a; k. Depict local street access to the out-parcel (Parcel #S0432110050) on W. McMillan Rd. as set forth in UDC 11-3A-3. 3. The landscape plan included in Section VII.C shall be revised as follows: a. The “Ninemile” creek and associated easement should be named “Five Mile” creek (Gander Creek South). b. A detail shall be included for Phases 5, 6 and 9 (i.e. the phases containing the lots that abut McDermott Rd./future SH-16) that depicts the centerline (or estimated centerline) of the future SH-16 in relation to the top of the berm/wall verifying it’s a minimum of 1012 feet higher than the elevation at the centerline of the state highway as required by UDC 11-3H-4D.2. The Director may approve alternative compliance as set forth in UDC 11-5B-5 where the Applicant has a substitute noise abatement proposal in accord with ITD standards and prepared by a qualified sound engineer as set forth in UDC 11-3H-4D.4. c. Minimum 5-foot wide landscape strips are required to be provided along each side of the multi-use pathway in Gander Creek North landscaped as set forth in UDC 11-3B-12C; if NMID will not allow landscaping on their property, a common lot should be provided on the subject property to accommodate the pathway and/or associated landscaping as necessary. d. Class II trees shall be planted within 6-foot wide parkways along with shrubs, lawn or other vegetative groundcover in accord with UDC 11-3B-7C. e. Depict fencing (chain-link or wrought iron) on the south side of the multi-use pathway along the Five Mile Creek in Gander Creek North for public safety that complies with the standards listed in UDC 11- 3A-6C. f. The 6-foot tall closed vision fence along the east boundary of the subdivision adjacent to N. McDermott Rd./future SH-16 shall be removed and either a use easement recorded across the back side of the berm along McDermott/SH-16 benefitting adjacent building lots with allowance for side yard fences to be constructed to the wall on top of the berm; or, an open vision, 4-foot tall closed vision, or 4-foot tall closed vision with 2 foot open vision fencing on top could be constructed for visibility of the common area between the fence and wall on top of the berm. g. Extend the multi-use pathway along the north side of the Five Mile Creek from N. Glassford Way to the east boundary of the site consistent with the Pathways Master Plan. The Park’s Dept. amended this condition. h. Depict a 5-foot wide detached sidewalk along N. McDermott Rd. in accord with UDC 11-3A-17. Meridian City Council Meeting Agenda June 18, 2019 – Page 122 of 186Meridian City Council Meeting Agenda July 9, 2019 – Page 154 of 542 Page 38 i. Depict a minimum 20-foot wide street buffer on Lot 2, Block 7 along N. McCrosson Avenue in a common lot in accord with UDC 11-3B-7C.2a, landscaped per the standards listed in UDC 11-3B-7C. j. Modify the detail for the berm along the east boundary of the site adjacent to future SH-16 to reflect a 126-foot tall berm with a 6-foot tall wall on top of the berm. 4. The existing ingress/egress easement (Inst. #98106235) for W. Lazy Diamond C Lane and an Idaho Power easement (Inst. #8958920) noted on the Gander Creek South plat and any other easements that are no longer needed shall be relinquished and/or vacated, as applicable, prior to signature on the final plat by the City Engineer on the phase in which they are located. The Applicant shall submit copies of the easement relinquishment(s) and/or proof of vacation of the easement(s) with the final plat application as applicable. 5. All stormwater detention facilities counted toward qualified open space are required to be designed in accord with the standards listed in UDC 11-3B-11C. 6. A floodplain development permit is required to be obtained from the Public Work’s Department prior to any and all development within the floodplain. 7. All existing structures are required to be removed prior to City Engineer signature on the final plat for the phase of development in which they are located. 8. Submit a detail of the children’s play equipment and picnic shelters with the final plat application. 9. Install signage at each end of the alleys (currently depicted as N. Arroyo Creek Ave. and N. Carmel Creek Ave.) for addressing purposes for lots that front on mews. 10. A 14-foot wide public pedestrian easement is required to be submitted to the Planning Division for the multi-use pathway in Gander Creek North; coordinate the details of the easement with Kim Warren, Park’s Department. B. PUBLIC WORKS 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 The water system as proposed does not connect to the City's distribution system. A water main connection will not be made to the east on McMillan Road, east of N. Glassford Avenue, due to the planned SH-16 grade separation. A 12-inch water main connection will need to be made parallel with the sanitary sewer mainline, to the proposed 12-inch water main to be constructed by the Owyhee High School project in McDermott Rd. An 8-inch water main connection will need to be made to the south on the proposed Glassford Way to the proposed 12-inch main to be constructed by the Owyhee High School project. 12-inch water main needs to be constructed along the entire west boundary on McCrosson Ave across Five Mile Creek and connecting to the proposed water main to the south to be built be Owyhee High School Project. An 8 inch flush line needs to be constructed at the crossing of Five Mile Creek at McCrosson Ave. Phasing as proposed will require significant off-site improvements to connect water. Each phase must be modeled at final plat to ensure adequate fire flow. Water must be supplied from at least two mains for all phases of the development. 1.3 The west property boundary is also the sanitary sewer trunkshed boundary, therefore this development does not need to stub sewer to the west. Remove sewer main stub in W Quintal Street. The following sewer manholes have less than 3' of cover: SSMH A16 and F5-7. The southern portion of subdivision has multiple sewer design flaws. Sewer mains in Mill Creek Drive, Brandy Creek Ave, Buffalo Creek Drive and Battle Creek Avenue all dead end and do not connect east to the mainline in McDermott Meridian City Council Meeting Agenda June 18, 2019 – Page 123 of 186Meridian City Council Meeting Agenda July 9, 2019 – Page 155 of 542 Page 39 Road. Sewer in N Magical Creek Way dead ends and does not connect to the rest of the system as well. There are no sewer mains to service Block 2, lots 3-5 and Block 4, lots 2-3. 1.4 This development is subject to paying reimbursement fees for The Oaks Lift Station and Pressure Sewer Reimbursement Agreement, and the West Ada School District Reimbursement Agreement for Oaks Lift Station Pump Upgrades (currently under development) pursuant to meridian city code section 8-6-5 1.5 The March 7, 2019 Geo-Tech Report, prepared by SITE Consulting, LLC, submitted with this application highlights several site conditions (including but not limited to soil types, ground water, and construction methods) that will make development of this property and construction of homes somewhat challenging. The developer shall bear the responsibility of ensuring that all the requirements, including compaction of backfill material, foundation drains around homes, and on-site infiltration pits are conveyed to the home builders, and that they are closely adhered to. 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 addressed 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- Meridian City Council Meeting Agenda June 18, 2019 – Page 124 of 186Meridian City Council Meeting Agenda July 9, 2019 – Page 156 of 542 Page 40 5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections 208)375-5211. 2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 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. Meridian City Council Meeting Agenda June 18, 2019 – Page 125 of 186Meridian City Council Meeting Agenda July 9, 2019 – Page 157 of 542 Page 41 Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 2.23 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the 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/164180/Page1.aspx D. POLICE DEPARTMENT http://weblink.meridiancity.org/weblink8/0/doc/163880/Page1.aspx E. PARK’S DEPARTMENT http://weblink.meridiancity.org/WebLink8/DocView.aspx?dbid=0&id=164267&page=1& http://weblink.meridiancity.org/weblink8/0/doc/167815/Page1.aspx F. COMMUNITY PLANNING ASSOCIATION OF SOUTHWEST IDAHO (COMPASS) http://weblink.meridiancity.org/weblink8/0/doc/163825/Page1.aspx G. SETTLER’S IRRIGATION DISTRICT Plans must be submitted to Settler’s Irrigation District for comment and review prior to construction. H. NAMPA & MERIDIAN IRRIGATION DISTRICT (NMID) http://weblink.meridiancity.org/weblink8/0/doc/162580/Page1.aspx I. CENTRAL DISTRICT HEALTH DEPARTMENT (CDHD) http://weblink.meridiancity.org/weblink8/0/doc/161961/Page1.aspx J. DEPARTMENT OF ENVIRONMENTAL QUALITY (DEQ) http://weblink.meridiancity.org/weblink8/0/doc/162390/Page1.aspx K. ADA COUNTY HIGHWAY DISTRICT (ACHD) http://weblink.meridiancity.org/weblink8/0/doc/168244/Page1.aspx L. IDAHO TRANSPORTATION DEPARTMENT (ITD) http://weblink.meridiancity.org/weblink8/0/doc/164142/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: Meridian City Council Meeting Agenda June 18, 2019 – Page 126 of 186Meridian City Council Meeting Agenda July 9, 2019 – Page 158 of 542 Page 42 1. The map amendment complies with the applicable provisions of the comprehensive plan; The City Council finds the proposal to annex and develop the subject 117.10 acre property with R-8 zoning is consistent with the associated FLUM designation of MDR for this property. (See section V 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 the proposed map amendment and development complies with the purpose statement of the residential district in that it will provide for a range of housing opportunities consistent with the Comprehensive Plan. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The City Council finds the proposed map amendment should not be detrimental to the public health, safety and welfare as the proposed residential uses should be compatible with adjacent existing and future residential and school uses in the area. 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 City services are available to be provided to this development. 5. The annexation (as applicable) is in the best interest of city. The City Council finds the proposed annexation 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 the proposed plats are generally in conformance with the UDC if the Applicant complies with the conditions of approval in Section VIII. 2. Public services are available or can be made available ad are adequate to accommodate the proposed development; The City Council finds public services can be made available to the subject property and will be adequate to accommodate the proposed development. 3. The plat is in conformance with scheduled public improvements in accord with the city's capital improvement program; The City Council finds the proposed plats are in substantial conformance with scheduled public improvements in accord with the City’s CIP. 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. Meridian City Council Meeting Agenda June 18, 2019 – Page 127 of 186Meridian City Council Meeting Agenda July 9, 2019 – Page 159 of 542 Page 43 5. The development will not be detrimental to the public health, safety or general welfare; and The City Council finds the proposed development will not be detrimental to the public health, safety or general welfare. 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 June 18, 2019 – Page 128 of 186Meridian City Council Meeting Agenda July 9, 2019 – Page 160 of 542