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Razzberry Villas H-2018-0130ADA COUNTY RECORDER Phil McGrane 2019-080101 BOISE IDAHO Pgs=36 BONNIE OBERBILLIG 08/28/2019 09:48 AM CITY OF MERIDIAN, IDAHO NO FEE PARTIES: 1. City of Meridian 2. Integrity Partners, LLC, Owner/Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this day ofk ' '— — 2019, by and between City of Meridian, a municipal corporation of the State o2aho, hereafter called CITY whose address is 33 E. Broadway Avenue, Meridian, Idaho 83642 and Integrity Partners, LLC, whose address is 2976 East State Street #120, Eagle, Idaho 83616, hereinafter called OWNER/DEVELOPER, 1. RECITALS; 1.1 WHEREAS, Owner/Developer is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A", which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property; and 1.2 WHEREAS, Idaho Code § 67-6511 A provides that cities may, by ordinance, require or permit as a condition of zoning that the Owner/Developer make a written commitment concerning the use or development of the Subject Property; and 13 WHEREAS, City has exercised its statutory authority by the enactment of Section 11-513-3 of the Unified Development Code ("UDC"), which authorizes development agreements upon the annexation and/or re -zoning of land; and 1.4 WHEREAS, Owner/Developer have submitted an application for the re -zone of 1.86 acres of land, described in Exhibit "A", fi-orn 12-8 and L-0 to R-15 (Medium High 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/Developer made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the Property will be developed and what improvements will be made; and 1.6 WHEREAS, the record of the proceedings for the requested annexation and zoning of the Property held before the Planning & Zoning Commission, and DEVFLOJIMEN'r AGREEMENT— RAZZBERRY VILLAS (H-2018-0130) PAGE 1 OF 8 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a A u g u s t 2 7 , 2 0 1 9 – P a g e 1 2 3 o f 4 0 3 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a A u g u s t 2 7 , 2 0 1 9 – P a g e 1 2 4 o f 4 0 3 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a A u g u s t 2 7 , 2 0 1 9 – P a g e 1 2 5 o f 4 0 3 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a A u g u s t 2 7 , 2 0 1 9 – P a g e 1 2 6 o f 4 0 3 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a A u g u s t 2 7 , 2 0 1 9 – P a g e 1 2 7 o f 4 0 3 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: Integrity Partners, LLC &IA,,—, -- Ed Bowman, Manager CITY OF MERIDIAN I By: _ Jai , C© P6k `4 el! �M I ATTEST: ED AUGI� ��� C' Ea xIDIAM- 1 ZAHO SEAL/ DEVELOPMENT AGREEMENT- RAZZBERRY VILLAS (H-2018-0130) PAGE 7 OF 8 STATE OF IDAHO ss County of Ada On this 15 day offf\Nj_, 2019, before me, the undersigned, a Notary Public in and for said State, personally appeared Cd Bowman known or identified to me to be the Manager of Integrity Partners, LLC who signed above and acknowledged to me that he executed the same on behalf of said Corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) LORI STARK COMMISSION #132290 NOTARY PUBLIC STATE OF IDAHO STATE OF IDAHO ss County of Ada ) Lar A Notary Publicb Residing at; Uls-g My Commission Expires; _ On this day of — , 2019, before me, a Notary Public, pe�unlly�appeared J oe br<+�r and i ,known or identified to me to be the I� nd 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. afV&M—Wat'k Notary Public for I a Residing at: �Ql�,llQ� CHARLENE WAY Commission expires: -21 COMMISSION 067390 NOTARY PUBLIC STATE OF IDAHO MY COMMISSION EXPIRES 3/28/22 DEVELOPMENT AOREEMEN'r-RAZZBERRY VILLAS (H-2018-0130) PACE 8 OF 8 EXHIBIT A Razzberry Villas H-2018-0130 Meridian City Council Meeting Agenda August 27, 2019 – Page 130 of 403 EXHIBIT A Razzberry Villas H-2018-0130 Meridian City Council Meeting Agenda August 27, 2019 – Page 131 of 403 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-0130 - 1 - CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for Rezone of 1.86 Acres of Land from the R-8 and L-O Zoning Districts to the R-15 Zoning District; and Preliminary Plat Consisting of 16 Building Lots and 4 Common Lots on 1.43 Acres of Land in the R-15 Zoning District for Razzberry Point Villas Subdivision, by Ed Bowman. Case No(s). H-2018-0130 For the City Council Hearing Date of: March 19, 2019 (Findings on April 2, 2019) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of March 19, 2019, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of March 19, 2019, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of March 19, 2019, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of March 19, 2019, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the “Local Land Use Planning Act of 1975,” codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Community Development Department, the Public Works Department and any affected party requesting notice. Meridian City Council Meeting Agenda May 7, 2019 – Page 225 of 537 EXHIBIT B Meridian City Council Meeting Agenda August 27, 2019 – Page 132 of 403 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-0130 - 2 - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of March 19, 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 rezone is hereby approved with the requirement of a Development Agreement; and preliminary plat is hereby approved per the provisions in the Staff Report for the hearing date of March 19, 2019, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer’s signature on the final plat within two (2) years of the approval of the preliminary plat or the combined preliminary and final plat or short plat (UDC 11-6B-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two (2) years, may be considered for final approval without resubmission for preliminary plat approval (UDC 11-6B-7B). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A, the Director may authorize a single extension of time to obtain the City Engineer’s signature on the final plat not to exceed two (2) years. Additional time extensions up to two (2) years as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again (UDC 11- 6B-7C). Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s) and returned to the city within six (6) months of the city council granting the modification. Meridian City Council Meeting Agenda May 7, 2019 – Page 226 of 537Meridian City Council Meeting Agenda August 27, 2019 – Page 133 of 403 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-0130 - 3 - A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six (6) month approval period. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of March 19, 2019 Meridian City Council Meeting Agenda May 7, 2019 – Page 227 of 537Meridian City Council Meeting Agenda August 27, 2019 – Page 134 of 403 By action of the City Council at its regular meeting held on the day of 1 " 2019. COUNCIL PRESIDENT JOE BORTON COUNCIL VICE PRESIDENT LUKE CAVENER COUNCIL MEMBER ANNE LITTLE ROBERTS COUNCIL MEMBER TY PALMER COUNCIL MEMBER TREG BERNT COUNCIL MEMBER GENESIS MILAM MAYOR TAMMY de WEERD TIE BREAKER) O PpRATEU Attest: Of Interim VOTED VOTED VOTED VOTED VOTED Q -„n VOTED VOTED U&a dor-}Cry, C oinct -t6!86n Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. By: `-^- Dated:—5 City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER 4- FILE NO(S). H-2018-0130 Meridian City Council Meeting Agenda August 27, 2019 – Page 135 of 403 EXHIBIT A Page 1 HEARING DATE: 3/19/2019 TO: Mayor & City Council FROM: Sonya Allen, Associate Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: H-2018-0130 Razzberry Villas LOCATION: 1434 and 1492 Star Drive NE ¼ of Section 31, T.4N., R.1E.) I. PROJECT DESCRIPTION Rezone of 1.86 acres of land from the R-8 and L-O zoning district to the R-15 zoning district; and Preliminary plat consisting of 16 building lots and 4 common lots on 1.43 acres of land in a proposed R-15 zoning district. II. SUMMARY OF REPORT A. Project Summary STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT Description Details Page Acreage 1.43 Future Land Use Designation MDR (Medium Density Residential) & MU-N (Mixed Use – Neighborhood) with a N.C. (Neighborhood Center) overlay Existing Land Use Vacant/undeveloped land Proposed Land Use(s) SFR (single-family residential) Current Zoning R-8 (Medium-Density Residential) and L-O (Limited Office) Proposed Zoning R-15 (Medium High-Density Residential) Lots (# and type; bldg/common) 16 building lots/4 common lots Phasing plan (# of phases) 1 Number of Residential Units (type of units) 16 (8 detached/8 attached) Density (gross & net) 11.2 gross/13.7 net Open Space (acres, total [%] / buffer / qualified) NA (site is under 5 acres in size – qualified open space is not required) Amenities NA (site is under 5 acres in size – qualified site amenities are not required) Meridian City Council Meeting Agenda May 7, 2019 – Page 229 of 537Meridian City Council Meeting Agenda August 27, 2019 – Page 136 of 403 Page 2 B. Project Area Maps Physical Features (waterways, hazards, flood plain, hillside) None Neighborhood meeting date; # of attendees: 11/1/18; 6 attendees History (previous approvals) AZ-03-034 (no DA); CUP-03-062 (Planned Development for a mix of residential and office uses in R-8 & L-O zones); PP- 03-039; FP-04-055 (Razzberry Crossing) Future Land Use Map Aerial Map Zoning Map Planned Development Map Meridian City Council Meeting Agenda May 7, 2019 – Page 230 of 537Meridian City Council Meeting Agenda August 27, 2019 – Page 137 of 403 Page 3 III. APPLICANT INFORMATION A. Applicant: Ed Bowman – 802 N. Knox Ave., Star, ID 83669 B. Owners: Douglas Victor – 4701 W. Braveheart St., Eagle, ID 83616 Jason Ames – 1878 E. Townline Way, Meridian, ID 83642 Randy Donald – 513 Regents Gate Dr., Henderson, NV 89014 C. Representative: Corinne Graham, Civil Site Works – 921 S. Orchard St., Ste. 200, Boise, ID 83705 IV. NOTICING Planning & Zoning Posting Date City Council Posting Date Legal notice published in newspaper 1/18/2019 3/1/2019 Radius notification mailed to properties within 300 feet 1/15/2019 2/26/2019 Nextdoor posting 1/15/2019 2/26/2019 Public hearing notice sign posted on property 1/25/2019 3/6/2019 V. STAFF ANALYSIS A. Comprehensive Plan (Comprehensive Plan)) This site is partially designated Medium Density Residential (MDR) (0.78+/- of an acre) and partially designated Mixed Use – Neighborhood (MU-N) (0.65+/- of an acre) with a Neighborhood Center (N.C.) overlay on the MU-N portion on the Future Land Use Map (FLUM) contained in the Comprehensive Plan. The MDR designation allows smaller lots for residential purposes within City limits. Uses may include single-family homes at gross densities of 3 to 8 dwelling units per acre. The purpose of the MU-N designation is to assign areas where neighborhood-serving uses and dwellings are seamlessly integrated into the urban fabric. The intent is to avoid predominantly single-use developments by incorporating a variety of uses. Land uses in these areas should be primarily residential with supporting non-residential services. Non-residential uses in these areas tend to be smaller scale and provide a good or service that people typically do not travel far for approximately 1 mile) and need regularly. Employment opportunities for those living in the neighborhood are encouraged. Connectivity and access between the non-residential and residential land uses is particularly critical in MU-N areas. Residential uses should comprise a minimum of 40% of the development area at densities ranging from 6 to 12 units per acre. Where there is a N.C. overlay designation in MU-N areas the City seeks to create a centralized, pedestrian-oriented, identifiable and day-to-day, service-oriented focal point for neighborhood scale development. Meridian City Council Meeting Agenda May 7, 2019 – Page 231 of 537Meridian City Council Meeting Agenda August 27, 2019 – Page 138 of 403 Page 4 The proposed development demonstrates compliance with the following policies of the Plan: Staff’s comments 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) A mix of single-family attached and detached units are proposed for a diversity of housing types; Staff is unaware if they will be owner occupied or rental units. Support a variety of residential categories (low-, medium-, medium-high and high-density single-family, multi-family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities.” (3.07.01E) The proposed medium high density development with a mix of attached and detached units will contribute to the variety of residential categories available in the City. Provide housing options close to employment and shopping centers.” (3.07.02D) The proposed development is within a couple of miles of employment and shopping located along Eagle Rd. and Fairview Ave. 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) Urban services can be provided to the proposed development upon development. Protect existing residential properties from incompatible land use development on adjacent parcels.” (3.06.01F) The proposed single-family residential development should be compatible with existing single-family residential uses abutting the site. B. Rezone: The site is proposed to be rezoned from the R-8 and L-O zoning districts to the R-15 district consistent with the MDR and MU-N with a N.C. overlay FLUM designations. The proposed density of 11.2 units per acre is above that desired within the MDR designation and at the high end of that desired in the MU-N designation. Because the subject parcels have a split FLUM designation and FLUM designations are not necessarily parcel specific, Staff deems the MU-N designation is appropriate to “float” to the MDR designated parcels with a zoning of R-15. Further, Staff is of the opinion the proposed single-family residences at a higher density will provide a transition to the existing non-residential uses to the south and east that consist of a daycare and office uses. A legal description for the area proposed to be rezoned is included in Section VII.A. The City may require a development agreement (DA) in conjunction with a rezone 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 rezone with the provisions included in Section VIII. C. Preliminary Plat: The proposed preliminary plat is a re-subdivision of Lots 1-3, Block 6, Razzberry Crossing Subdivision. There is an existing 20-foot wide sewer easement (Instrument #105139574) depicted on the Razzberry Crossing Subdivision plat across Lot 1, Block 6 that is required to be relinquished prior to City Engineer signature on the final plat for the proposed subdivision. Meridian City Council Meeting Agenda May 7, 2019 – Page 232 of 537Meridian City Council Meeting Agenda August 27, 2019 – Page 139 of 403 Page 5 The proposed plat consists of 16 building lots and 4 common lots on 1.43 acres of land in the proposed R-15 district (see Section VII.B). Compliance with the subdivision design and improvement standards listed in UDC 11-6C-3 is required. Staff has reviewed the proposed plat and determined it is in compliance with those standards. D. Existing Structures/Site Improvements: There are no existing structures or site improvements on this site except for sidewalks along the project’s frontage along N. Bright Angel Ave. and E. Star Dr. E. Proposed Zoning/Use Analysis: The proposed R-15 zoning district for the site is consistent with the existing MDR and MU-N with a N.C. overlay FLUM designation. Single-family detached and attached dwellings are listed as a principal permitted use in the R-15 zoning district per UDC Table 11-2A-2. F. Dimensional Standards (UDC Table 11-2A-7): Development is required to comply with the dimensional standards listed below for the R-15 district. Staff has reviewed the proposed plat and found all of the proposed lots comply with the minimum property size requirement. Future structures should comply with the minimum setback standards. Meridian City Council Meeting Agenda May 7, 2019 – Page 233 of 537Meridian City Council Meeting Agenda August 27, 2019 – Page 140 of 403 Page 6 G. Access (UDC 11-3A-3): Access is proposed via E. Star Dr. and N. Bright Angel Ave., both local streets, and via common driveways from these streets in accord with UDC standards. H. Common Driveways (UDC 11-6C-3) All common driveways are required to comply with the standards listed in UDC 11-6C-3D. The proposed driveways comply with the minimum dimensional standards and serve the maximum number of units allowed. The driveways are required to be paved with a surface capable of supporting fire vehicles and equipment; and be straight or provide a 28’ inside and 48’ outside turning radius. Solid fencing adjacent to the common driveways is prohibited unless separated from the common driveway by a minimum 5-foot wide landscaped buffer. The preliminary plat depicts building envelopes for the proposed structures; however, the conceptual building elevations do not coincide with the building envelopes and setbacks shown. An exhibit should be submitted with the final plat application that depicts setbacks, fencing, building envelope, and orientation of the lots and structures that coincide with the concept building elevations approved with this application if different from that shown on the preliminary plat. A perpetual ingress/egress easement is required to be filed with the Ada County Recorder for the common driveways, which shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment. A copy of the recorded easement should be submitted with the final plat application or with the plat submitted for City Engineer signature. I. Parking (UDC Table 11-3C-6): Off-street vehicle parking is required to be provided for 2- and 3-bedroom multi-family dwellings as follows: 2 spaces per dwelling unit; at least 1 in a covered carport or garage. Two-car garages are proposed along with 20’ x 20’ parking pads for each unit in accord with this standard. J. Pathways (UDC 11-3A-8, 11-3B-12C): No pathways are depicted on the Pathways Master Plan for this site and no pathways are proposed or required by the UDC on this site. K. Sidewalks (UDC 11-3A-17): A detached sidewalk exists along E. Star Dr. and an attached sidewalk exists along N. Bright Angel Ave. in accord with UDC standards. L. Landscaping (UDC 11-3B): Common area landscaping is required in accord with the standards listed in UDC 11-3G-3E.2. Landscaping is proposed in accord with UDC standards. There are several existing trees on this site some of which are proposed to be removed consisting of a total of 76 caliper inches that require mitigation in accord with the standards listed in UDC 11-3B-10C.5. A total of 77.5 caliper inches of trees are proposed for replacement in accord with UDC standards. M. Qualified Open Space & Site Amenities (UDC 11-3G-3): Because this site is below 5 acres in size, open space and site amenities are not required per UDC 11-3G-3A. However, the Applicant is working with the Razzberry Crossing Homeowner’s Meridian City Council Meeting Agenda May 7, 2019 – Page 234 of 537Meridian City Council Meeting Agenda August 27, 2019 – Page 141 of 403 Page 7 Association to potentially include this development in the existing HOA. This would provide residents with access to existing common areas and site amenities and provide the HOA with additional dues that could be used to maintain those areas. N. Waterways (UDC 11-3A-6): There are no waterways that cross this site. O. Fencing (UDC 11-3A-6, 11-3A-7): All new fencing is required to comply with the standards listed in UDC 11-3A-7. P. Utilities (UDC 11-3A-21): All development is required to connect to the City water and sewer system unless otherwise approved by the City Engineer in accord with UDC 11-3A-21. City water and sewer services are stubbed to this site. Q. Pressure Irrigation (UDC 11-3A-15): An underground pressurized irrigation system is required to be provided for the development in accord with UDC 11-3A-15. R. Storm Drainage (UDC 11-3A-18): An adequate storm drainage system is required in all developments; design and construction shall follow best management practice as adopted by the City as set forth in UDC 11-3A-18. S. Building Elevations (UDC 11-3A-19 | Architectural Standards Manual): Conceptual building elevations were submitted for the attached structures but they are not consistent with the building footprints depicted on the preliminary plat. Therefore, Staff has requested the Applicant submit revised elevations for both the attached and detached units that are consistent with the footprints shown on the plat prior to the Commission hearing. The Applicant submitted revised elevations as required. All attached structures are required to comply with the design standards listed in the Architectural Standards Manual and with the guidelines in the TMISAP. T. Certificate of Zoning Compliance (CZC)/Design Review (DR): An application for a CZC and DR is required to be submitted for all single-family attached structures to ensure consistency with UDC standards, design standards listed in the Architectural Standards Manual, and provisions in this report prior to submittal of building permit applications for the development. Single-family detached structures are exempt from this requirement. VI. DECISION A. Staff: Staff finds the proposed development meets the minimum development standards of the UDC; therefore, Staff recommends approval of the proposed Rezone and Preliminary Plat. B. The Meridian Planning & Zoning Commission heard these items on February 7, 2019. At the public hearing, the Commission moved to recommend approval of the subject Rezone and Preliminary Plat requests. a. Summary of Commission Public Hearing: i. In favor: Corinne Graham, Applicant’s Representative Meridian City Council Meeting Agenda May 7, 2019 – Page 235 of 537Meridian City Council Meeting Agenda August 27, 2019 – Page 142 of 403 Page 8 ii. In opposition: None iii. Commenting: Derrick Eisenbeis, Razzberry Crossing Subdivision HOA President; iv. Written testimony: Marilyn Cox; Stanley Stinson Sr. v. Staff presenting application: Sonya Allen vi. Other staff commenting on application: None b. Key issue(s) of Public Testimony: i. The proposed rezone would benefit the community by providing more of a selection of housing opportunities and economically competitive choices; ii. Concerns pertaining to traffic, parking, safe and sufficient common area, property and home values; iii. The Razzberry Crossing Subdivision HOA voted unanimously to allow this development to join their HOA. iv. Against the proposed zone change and use due to all the extra cars, children and animals in a small confined space on a busy street; v. Opinion that the proposed homes don’t blend with those in Alexandria Subdivision across the street. c. Key Issues of Discussion by Commission: i. The possibility for the proposed development to be included in the existing Razzberry Crossing Subdivision HOA; ii. If the amount of existing common area in Razzberry Crossing is sufficient to cover both developments and if this development should provide a site amenity for the common area if it’s included in the HOA; iii. Concern pertaining to the provision of adequate on-street parking for guests; iv. The proposed attached units provide diversity in this neighborhood; v. In favor of proposed lot layout and design. d. Commission Change(s) to Staff Recommendation: i. Request for the Applicant to present conceptual amenities for the development at the Council meeting for inclusion in the Razzberry Crossing Subdivision common area(s). e. Outstanding Issue(s) for City Council: i. The Applicant should present conceptual site amenities at the Council hearing for inclusion in the Razzberry Crossing Subdivision common area(s) with consent from the HOA. ii. If the Council wants this development to be included in the Razzberry Crossing Subdivision HOA, a condition should be added. C. The Meridian City Council heard these items on March 19, 2019. At the public hearing, the Council approved the subject RZ and PP requests. a. Summary of City Council Public Hearing: i. In favor: Corrine Graham, Applicant’s Representative ii. In opposition: None iii. Commenting: Siegfried Sendig; Alice Hankla; Derrick Eisenbeis iv. Written testimony: None v. Staff presenting application: Bill Parsons, Planning vi. Other staff commenting on application: Joe Bongiorno, Fire Dept. b. Key issue(s) of Public Testimony: i. Concern pertaining to the generation of additional traffic, on-street parking and resulting congestion on Star Rd. from this development; Meridian City Council Meeting Agenda May 7, 2019 – Page 236 of 537Meridian City Council Meeting Agenda August 27, 2019 – Page 143 of 403 Page 9 ii. Significantly smaller lot sizes in the proposed development compared to those in the adjacent Razzberry Crossing Subdivision; iii. Safety concerns for children because of more traffic in this area. iv. In favor of homes being developed on this parcel. c. Key Issues of Discussion by Council: i. The provision of site amenities by this Developer in existing common area(s) in Razzberry Crossing and inclusion of this development in their HOA. i. Key Council Changes to Staff/Commission Recommendation i. Add a new condition requiring the Applicant to work with the Razzberry Crossing Subdivision HOA to incorporate the subject property into their HOA and provide an amenity in the central open space in Razzberry Crossing (see Section VIII.A.1.1b). Meridian City Council Meeting Agenda May 7, 2019 – Page 237 of 537Meridian City Council Meeting Agenda August 27, 2019 – Page 144 of 403 Page 10 VII. EXHIBITS A. Rezone Legal Description and Exhibit Map Meridian City Council Meeting Agenda May 7, 2019 – Page 238 of 537Meridian City Council Meeting Agenda August 27, 2019 – Page 145 of 403 Page 11 Meridian City Council Meeting Agenda May 7, 2019 – Page 239 of 537Meridian City Council Meeting Agenda August 27, 2019 – Page 146 of 403 Page 12 B. Preliminary Plat (dated: 1/7/19) Meridian City Council Meeting Agenda May 7, 2019 – Page 240 of 537Meridian City Council Meeting Agenda August 27, 2019 – Page 147 of 403 Page 13 C. Landscape Plan (date: 11/27/2018) Meridian City Council Meeting Agenda May 7, 2019 – Page 241 of 537Meridian City Council Meeting Agenda August 27, 2019 – Page 148 of 403 Page 14 Meridian City Council Meeting Agenda May 7, 2019 – Page 242 of 537Meridian City Council Meeting Agenda August 27, 2019 – Page 149 of 403 Page 15 D. Conceptual Building Elevations (date: 6/12/2018) REVISED Meridian City Council Meeting Agenda May 7, 2019 – Page 243 of 537Meridian City Council Meeting Agenda August 27, 2019 – Page 150 of 403 Page 16 Meridian City Council Meeting Agenda May 7, 2019 – Page 244 of 537Meridian City Council Meeting Agenda August 27, 2019 – Page 151 of 403 Page 17 VIII. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING 1. Rezone 1.1 A Development Agreement (DA) is required as a provision of rezone of this property. Prior to approval of the rezone ordinance, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of rezone 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 rezone for Council approval and subsequent recordation. The DA shall, at minimum, incorporate the following provisions: a. Future development of this site shall be generally consistent with the preliminary plat, landscape plan, and conceptual building elevations included in Section VII, and the provisions contained herein. b. The Applicant shall work with the Razzberry Crossing Subdivision Homeowner’s Association to incorporate the subject development into the Razzberry Crossing HOA and provide an amenity in the central open space in Razzberry Crossing. Note: A final plat application will not be accepted until the DA is executed. 2. Preliminary Plat 2.1 The existing 20-foot wide sewer easement (Instrument #105139574) depicted on the Razzberry Crossing Subdivision plat across Lot 1, Block 6 shall be relinquished prior to City Engineer signature on the final plat. 2.2 The final plat submitted for this subdivision shall include the following revisions from that shown on the preliminary plat included in Section VII.B as follows: a. Remove existing lot lines from the Razzberry Crossing Subdivision plat. 2.3 The landscape plan submitted with the final plat application shall include the following revision if applicable): a. If solid fencing is proposed adjacent to the common driveway it shall be separated from the common driveway by a minimum 5-foot wide landscaped buffer; otherwise, it’s prohibited. 2.4 An exhibit shall be submitted with the final plat application that depicts the setbacks, fencing, building envelope, and orientation of the lots and structures that are consistent with the conceptual building elevations approved with this application in accord with UDC 11-6C-3D if different from that shown on the approved preliminary plat. 2.5 A perpetual ingress/egress easement is required to be filed with the Ada County Recorder for the common driveways, which shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment as set forth in UDC 11-6C-3D.8. A copy of the recorded easement shall be submitted with the final plat application or with the plat submitted for City Engineer signature. 2.6 An application for Administrative Design Review shall be submitted and approved prior to submittal of building permit applications for any single-family attached units. Single-family detached units are exempt from this requirement. Meridian City Council Meeting Agenda May 7, 2019 – Page 245 of 537Meridian City Council Meeting Agenda August 27, 2019 – Page 152 of 403 Page 18 2.7 Approval of the preliminary plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two (2) years of the approval of the preliminary plat; or, submit and obtain approval of a time extension as set forth in UDC 11-6B-7. 2.8 The conceptual building elevations submitted with this application for the attached structures are not approved as they aren’t consistent with the building footprints depicted on the preliminary plat. Therefore, revised elevations for both the attached and detached units that are consistent with the footprints shown on the plat shall be submitted prior to the Commission hearing. B. PUBLIC WORKS 1. Site Specific Conditions of Approval 1.1 A street light plan will need to be included in the final plat or building permit 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 Applicant needs to extend sewer main north in the eastern common drive to serve lots 9,10, 11 and 14. Abandon sewer service at MH L14-348 in E Star Drive. Also, abandon sewer main between MH L14-350 and MH L14-363 due to proposed houses on top of the existing sewer line. This abandonment will cause sewer flow issues in the existing sewer main in N Bright Angel Ave. Sewer main slope in Bright Angel will need to be flipped between MH L14-350 to the new proposed manhole (SSMH B-4) to correct this flow issue. Other option is to not build on top of existing main line MH L14-350 to MH L14-363. 1.3 No plans submitted that show proposed water main, hydrants, or location of services. Developer shall work out the configuration of water services with Land Development Analyst in Community Development. 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 Meridian City Council Meeting Agenda May 7, 2019 – Page 246 of 537Meridian City Council Meeting Agenda August 27, 2019 – Page 153 of 403 Page 19 well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 2.6 All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. 2.7 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at 208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 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. Meridian City Council Meeting Agenda May 7, 2019 – Page 247 of 537Meridian City Council Meeting Agenda August 27, 2019 – Page 154 of 403 Page 20 2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.20 At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.21 A street light plan will need to be included in the civil construction plans. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272. 2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 2.23 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the 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/160090/Page1.aspx D. NAMPA & MERIDIAN IRRIGATION DISTRICT (NMID) http://weblink.meridiancity.org/weblink8/0/doc/160516/Page1.aspx E. CENTRAL DISTRICT HEALTH DEPARTMENT (CDHD) http://weblink.meridiancity.org/weblink8/0/doc/160638/Page1.aspx F. DEPARTMENT OF ENVIRONMENT QUALITY (DEQ) http://weblink.meridiancity.org/weblink8/0/doc/160281/Page1.aspx Meridian City Council Meeting Agenda May 7, 2019 – Page 248 of 537Meridian City Council Meeting Agenda August 27, 2019 – Page 155 of 403 Page 21 IX. FINDINGS A. Rezone (UDC 11-5B-3E) Required Findings: Upon recommendation from the commission, the council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The City Council finds the proposed map amendment to R-15 and development plan is consistent with the MDR and MU-C with a N.C. overlay FLUM designations and goals of the Comprehensive Plan. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council finds that the proposed map amendment to the R-15 zoning district is consistent with the purpose statement for the residential districts in UDC 11-2A-1. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The City Council finds that the proposed zoning map amendment will not be detrimental to the public health, safety, or welfare. City utilities will be extended at the expense of the applicant. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the city including, but not limited to, school districts; and The City Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. 5. The annexation (as applicable) is in the best interest of city. This finding this is not applicable because the request is for a rezone, not annexation. B. Preliminary Plat (UDC 11-6B-6) In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision making body shall make the following findings: (Ord. 05-1170, 8-30-2005, eff. 9-15- 2005) 1. The plat is in conformance with the comprehensive plan and is consistent with this unified development code; (Ord. 08-1372, 7-8-2008, eff. 7-8-2008) The City Council finds that the proposed plat is in substantial compliance with the adopted Comprehensive Plan in regard to land use, transportation, and circulation. Please see Comprehensive Plan analysis in Section V of the Staff Report for more information. 2. Public services are available or can be made available and are adequate to accommodate the proposed development; The City Council finds that public services will be provided to the subject property upon development. (See Section VIII of the Staff Report for more details from public service providers.) Meridian City Council Meeting Agenda May 7, 2019 – Page 249 of 537Meridian City Council Meeting Agenda August 27, 2019 – Page 156 of 403 Page 22 3. The plat is in conformance with scheduled public improvements in accord with the city's capital improvement program; Because City water and sewer and any other utilities will be provided by the developer at their own cost, the City Council finds that the subdivision will not require the expenditure of capital improvement funds. 4. There is public financial capability of supporting services for the proposed development; The City Council finds there is public financial capability of supporting services for the proposed development based on comments from the public service providers (i.e., Police, Fire, ACHD, etc.). (See Exhibit B for more detail.) 5. The development will not be detrimental to the public health, safety or general welfare; and The City Council is not aware of any health, safety, or environmental problems associated with the platting of this property. ACHD considers road safety issues in their analysis. 6. The development preserves significant natural, scenic or historic features. (Ord. 05-1170, 8- 30-2005, eff. 9-15-2005) The City Council is unaware of any significant natural, scenic or historic features that exist on this site. Meridian City Council Meeting Agenda May 7, 2019 – Page 250 of 537Meridian City Council Meeting Agenda August 27, 2019 – Page 157 of 403