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Hensley Station (H-2019-0120) Recording #(2020-029370) (re-record 2021-028393)
ADA COUNTY RECORDER Phil McGrane 2020-029370 BOISE IDAHO Pgs=50 BONNIE OBERBILLIG 03/12/2020 08:43 AM CITY OF MERIDIAN,IDAHO NO FEE ADA COUNTY RECORDER Phil McGrane 2021-028393 BOISE IDAHO Pgs=52 BONNIE OBERBILLIG 02/22/2021 10:43 AM CITY OF MERIDIAN, IDAHO NO FEE Re-record to include page 3 of the document DEVELOPMENT AGREEMENT 1. City of Meridian PARTIES: 2. Northern Land Holdings LLC fka Northern Land Development LLC, Owner/Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this loth day of March , 2020, by and between City of Meridian, a municipal corporation of the State of Idaho,hereafter called CITY whose address is 33 E.Broadway Avenue, Meridian,Idaho 83642 and Northern Land Holdings LLC fka Northern Land Development LLC, whose address is 2150 N.Canter Place,Eagle,ID 83616 hereinafter called OWNER/DEVELOPER. 1. RECITALS: 1.1 WHEREAS, Owner is the sole owner, in law and/or equity,of certain tract of land in the County of Ada, State of Idaho,described in Exhibit"A",which is attached hereto and by this reference incorporated herein as if set forth in full,herein after referred to as the Property; and 1.2 WHEREAS,Idaho Code §67-6511 A provides that cities may,by ordinance, require or permit as a condition of zoning that the Owner 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,Owner/Developerhas submitted an application for annexation of 7.17 acres of land with an R-15 zoning district of the property listed in Exhibit "A",attached hereto, 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 before Planning and Zoning Commission and the Meridian City Council,as to how the Property will be developed and what improvements will be made;and PAGE I OF 8 DEVELOPMENT AGREEMENT HENSLEY STATION(H-20I9-0120) ADA COUNTY RECORDER Phil McGrane 2020-029370 BOISE IDAHO Pgs=50 BONNIE OBERBILLIG 03/12/2020 08:43 AM CITY OF MERIDIAN, IDAHO NO FEE DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Northern Land Holdings LLC fka Northern Land Development LLC, Owner/Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this loth day of March , 2020, by and between City of Meridian, a municipal corporation of the State of Idaho,hereafter called CITY whose address is 33 E.Broadway Avenue, Meridian,Idaho 83642 and Northern Land Holdings LLC fka Northern Land Development LLC, whose address is 2150 N.Canter Place,Eagle,ID 83616 hereinafter called OWNER/DEVELOPER. 1. RECITALS: 1.1 WHEREAS, Owner is the sole owner, in law and/or equity,of certain tract of land in the County of Ada, State of Idaho,described in Exhibit"A",which is attached hereto and by this reference incorporated herein as if set forth in full,herein after referred to as the Property; and 1.2 WHEREAS,Idaho Code §67-6511A provides that cities may,by ordinance, require or permit as a condition of zoning that the Owner and/or 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,Owner/Developer has submitted an application for annexation of 7.17 acres of land with an R-15 zoning district of the property listed in Exhibit "A",attached hereto, 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 before Planning and Zoning Commission and the Meridian City Council,as to how the Property will be developed and what improvements will be made;and DEVELOPMENT AGREEMENT—HENSLEY STATION(H-2019-0120) PAGE I OF 8 1.6 WHEREAS, the record of the proceedings for requested annexation and zoning held before Planning and Zoning Commission and the City Council, includes responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and includes further testimony and comment; and 1.7 WHEREAS, on the 18t" day of February, 2020, the Meridian City Council approved certain Findings of Fact and Conclusions of Law and Decision and Order ("Findings"), which have been incorporated into this Agreement and attached as Exhibit`B"; and 1.8 WHEREAS, the Findings require the Owner/Developer to enter into a Development Agreement before the City Council takes final action on final plat; and 1.9 WHEREAS,Owner/Developer deem it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and request; and 1.10 WHEREAS,City requires the Owner/Developer to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this Agreement,herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure zoning designation are in accordance with the amended Comprehensive Plan of the City of Meridian on October 11, 2016,Resolution No. 16-1173, and the UDC, Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein,the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words,terms,and phrases herein contained in this section shall be defined and interpreted as herein provided for,unless the clear context of the presentation of the same requires otherwise: 3.1 CITY: means and refers to the City of Meridian,a party to this Agreement, I which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Broadway Avenue,Meridian, Idaho 83642. 3.2 OWNER/DEVELOPER: means and refers to Northern Land Holdings g LLC fka Northern Land Development LLC, whose address is 2150 N. DEVELOPMENT AGREEMENT-HENSLEY STATION(H-2019-0120) PAGE 2 OF 8 Meridian City Council Meeting Agenda March 10,2020— Page 201 of 366 Canter Place,Eagle,ID 83616,hereinafter called OWNER/DEVELOPER,the party that owns and is developing said Property and shall include any subsequent owner(s)/developer(s) of the Property. 3.3 PROPERTY: means and refers to that certain parcel(s)of Property located in the County of Ada,City of Meridian as in Exhibit"A"describing aparcel to be annexed and bound by this Development Agreement and attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right to develop the Property in accordance with the terms and conditions of this Agreement. 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under the UDC. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions: a. Future development of this site shall be generally consistent with the site plan, preliminary plat, phasing plan, landscape plan, and conceptual building elevations included in Section VII and the provisions contained in the Staff Report attached to the Findings of Fact and Conclusions of Law attached hereto as exhibit `B". b. The existing structures on the site shall be removed prior to signature on the final plat by the City Engineer. c. All structures (i.e. single-family attached and townhome dwellings)proposed in this development are subject to the design elements contained in the Ten Mile Interchange Specific Area plan (TMISAP) and the design standards listed in the Architectural Standards Manual. Design review approval of the proposed structures shall be obtained prior to submittal of building permit applications. A Certificate of Zoning Compliance is not required. Porches are required for the units that front on W. Aviator St. and should be a dominant element located along at least 30% of the front faVade of buildings. Building materials,particularly at the street level facing Aviator St. should be high quality, such as terra cotta, natural stone, clay-fired units,or other approved masonry materials for architectural details or accents—the strongest use of such should be reserved for street level windows and entries. 6. COMPLIANCE PERIOD This Agreement must be fully executed within six (6) months after the date of the Findings for the annexation and zoning or it is null and void. 7. DEFAULT/CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: DEVELOPMENT AGREEMENT-HENSLEY STATION(H-2019-0120) PAGE,3 OF 8 7.1 Acts of Default. Either party's failure to faithfully comply with all of the terms and conditions included in this Agreement shall constitute default under this Agreement. 7.2 Notice and Cure Period. In the event of Owner/Developer's default of this Agreement, Owner/Developer shall have thirty (30) days from receipt of written notice from City to initiate commencement of action to correct the breach and cure the default,which action must be prosecuted with diligence and completed within one hundred eighty(180)days;provided,however,that in the case of any such default that cannot with diligence be cured within such one hundred eighty (180) day period, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 7.3 Remedies. In the event of default by Owner/Developer that is not cured after _ notice as described in Section 7.2,Owner/Developer shall be deemed to have consented to modification of this Agreement and de-annexation and reversal of the zoning designations described herein, solely against the offending portion of Property and upon City's compliance with all applicable laws, ordinances and rules, including any applicable provisions of Idaho Code §§ 67-6509 and 67-6511. Owner/Developer reserve all rights to contest whether a default has occurred. This Agreement shall be enforceable in the Fourth Judicial District Court in Ada County by either City or Owner and/or Developer, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 7.4 Delay. In the event the performance of any covenant to be performed hereunder by either Owner/Developer or City is delayed for causes that are beyond the reasonable control of the party responsible for such performance, which shall include,without limitation, acts of civil disobedience, strikes or similar causes,the time for such performance shall be extended by the amount of time of such delay. 7.5 Waiver. A waiver by City of any default by Owner/Developer of any one or more of the covenants or conditions hereof shall apply solely to the default and defaults waived and shall neither bar any other rights or remedies of City nor apply to any subsequent default of any such or other covenants and conditions. 8. INSPECTION: Owner/Developer shall, immediately upon completion of any portion or the entirety of said development of the Property as required by this Agreement or by City ordinance or policy,notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Agreement and all other ordinances of the City that apply to said Property. DEVELOPMENT AGREEMENT-HENSLEY STATION(H-2019-0120) PAGE 4 OF 8 Meridian City Council Meeting Agenda March 10,2020— Page 202 of 366 9. REQUIREMENT FOR RECORDATION: City shall record this Agreement, including all of the Exhibits, and submit proof of such recording to Owner/Developer, prior to the third reading of the Meridian Zoning Ordinance in connection with the re-zoning of the Property by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby,the City shall execute and record an appropriate instrument of release of this Agreement. 10. ZONING: City shall,following recordation of the duly approved Agreement,enact a valid and binding ordinance zoning the Property as specified herein. 11. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit,cash deposits,certified check or negotiable bonds,as allowed under the UDC, to insure the installation of required improvements, which the Owner/Developer agree to provide, if required by the City. 12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed,completed,and accepted by the City, or sufficient surety of performance is provided by Owner/Developer to the City in accordance with Paragraph 11 above. 13. ABIDE BY ALL CITY ORDINANCES: That Owner and/or Developer agree to abide by all ordinances of the City of Meridian unless otherwise provided by this Agreement. 14. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: with copy to: City Clerk City Attorney City of Meridian City of Meridian 33 E.Broadway Ave. 33 E. Broadway Avenue Meridian, Idaho 83642 Meridian, Idaho 83642 OWNER/DEVELOPER: Northern Land Holdings LLC fka Northern Land Development LLC 2150 N. Canter Place Eagle, ID 83616 14.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement,the prevailing party shall be entitled,in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent DEVELOPMENT AGREEMENT—HENSLEY STATION(H-2019-0120) PAGE 5 OF 8 Meridian City Council Meeting Agenda March 10,2020— Page 203 of 366 jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default,termination or forfeiture of this Agreement. 16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term,condition and provision hereof,and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owner and/or Developer,each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property,or portions thereof,except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees,upon written request of Owner and/or Developer,to execute appropriate and recordable evidence of termination of this Agreement if City,in its sole and reasonable discretion,had determined that Owner and/or Developer have fully performed their obligations under this Agreement. 18. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided,each parry shall act reasonably in giving any consent,approval,or taking any other action under this Agreement. 20. COOPERATION OF THE PARTIES: In the event of any legal or equitable action or other proceeding instituted by any third party (including a governmental entity or official) challenging the validity of any provision in this Agreement, the parties agree to cooperate in defending such action or proceeding. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements,condition and understandings between Owner and/or Developer and City relative to the subject matter hereof,and there are no promises,agreements,conditions or understanding,either oral or written, express or implied, between Owner and/or Developer and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns,and pursuant,with respect to City,to a duly adopted ordinance or resolution of City. 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. DEVELOPMENT AGREEMENT-HENSLEY STATION(H-2019-0120) PAGE 6 OF 8 Meridian City Council Meeting Agenda March 10,2020— Page 204 of 366 22 . EFFECTIVE DATE OF AGREEMENT : This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk . [end of text ; signatures , acknowledgements , and Exhibits A and B follow] ACKNOWLEDGMENTS IN WITNESS WHEREOF , the parties have herein executed this agreement and made it effective as hereinabove provided . OWNER/DEVELOPER : Northern Land Holdings LLC fka Northern Land Development LLC By * T,4A4a MF, ?,X4X Its : CITY OF MERIDIAN ATTEST . By : Mayor Robert E . Simison Chris Johnson, City Clerk DEVELOPMENT AGREEMENT - HENSLEY STATION (H-201 M 120) PAGE 7 OF 8 STATE OF IDAHO ) . ss: County of Ada ) On this 44 day of ,�i (�,2020,before me,the undersigned,a Notary Public in and for said State,personally appeared ( p 11'7,a 8 Le_ known or identified to me to be the M, M/ /L of Northern Land Holdings LLC fka Northern Land Development LLC,and the person who signed above and acknowledged to me that he executed the same on behalf of said Corporation. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) .•`•••ti���•M vEL �•w;:•OTA 'ti�,p's. Notary Public r l daJ41p _ R Y Residing at: (� , p � IC My Commission Expires: - o2 g- XQ ?Lf PT hh: s J'lc'.;'No.20� .Z.�••'� .ram OF 1 .•'- STATE OF IDAHO ) '���"ossil" •' ss County of Ada ) On this loth day of March , 2020, before me, a Notary Public, personally appeared Robert E. Simison and 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. (SEAL) Notary Public for Idaho Residing at: Meridian, Idaho Commission expires: 03-28-2022 DEVELOPMENT AGREEMENT-HENSLEY STATION(H-2019-0120) PAGE 8 OF 8 EXHIBIT A Annexation Legal Description Legal Description for Annexation Proposed Hensley Station Subdivision A parcel located in the SW"/, of Section 10, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at an Aluminum Cap monument marking the southwest corner of said Section 10, from which a Brass Cap monument marking the northwest corner of said SW'/ of Section 10 bears N 0°38'57"E a distance of 2653.05 feet; Thence N 0"38'57" E along the westerly boundary of said SW'/,a distance of 1087.83 feet to an angle point on the existing Meridian Clty Limits boundary,the POINT OF BEGINNING; Thence leaving said existing Meridian City Limits boundary and continuing along said westerly boundary N WW57"E a distance of 633.96 feet to a point on the centerline of the Union Pacific Railroad right-of-way: Thence along said centerline S 88°25'SQ" E a distance of 495.18 feet to an angle point on the existing Merldian City Limits boundary; Thence leaving said centerline and along said existing Meridian City Limits boundary S 0°36'41" W a distance of 626.77 feet to a point on the northerly right-of-way of W. Aviator St, as shown it Instrument 2018-100444, Ada County Records; Thence along said northerly right-of-way and the existing Meridian City Limits boundary N 89'15'44"W a distance of 495,53 feet to the POINT OF BEGINNING. This parcel contains 7.17 acres more or less. Clinton W. Hansen, PLS LPL LANp Land Solutions, PC 5��0 5T s4,p October 2, 2019 11118 (P 0 � TCN W_ } �} Hensley Sta tic)a Annexation -.i,ri 5s�lttt t��rs �__- sarw survrsna one["rnwng Job No 19.57 Hensley Station H-2019-0120 Meridian City Council Meeting Agenda March 10,2020— Page 207 of 366 CITY OF MERIDIAN ANNEXATION PROPOSED HENSLEY STATION SUBDIVISION LOCATED IN THE SW 1/4 OF SECTION 10, TOWNSHIP 3 NORTH, RANGE I WEST, B.M. 1/4 CITY OF MERIDIAN,ADA COUNTY, IDAHO W. PINE AVE. a 1 a 0 75 150 300 " $ UNION PACIFIC RAILROAD RIGHT-OF-WAY S8825WE 4s5.18' � p O TOTAL ANNEXATION AREA=7.17 ACRES z n O N n ,n H PROPOSED HENSLEY STATION SUBDIVISION g z 462 N. BLACK CAT RD. m � POINT OF BEGINNING EXISTING CITY UNITS BOUNDARY N89'1544'W 495.53' W. AVIATOR ST. L LAND a 11118 0, Coll!"4 l0raZ1I1 it h 910 iLancls-olutions W. FRAMKLIN RD. °� w.�r 16 is Land Surveying and Consulting 231 E 51M Sr.STEL A MERIDIAN.I0 83642 I20�J2WAHO f208129&25571M ww Amd�d.tx—b& A6 M0.is-s7 Hensley Station H-2019-0120 Meridian City Council Meeting Agenda March 10,2020— Page 208 of 366 EXHIBIT B CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW E IDIAIT�'� AND DECISION & ORDER In the Matter of the Request for Annexation of 7.17 Acres of Land with an R-15 Zoning District; and Preliminary Plat Consisting of 65 Buildable Lots and 5 Common Lots on b Acres of Land in the R-15 Toning District for Hensley Station,by Kent Brown, Kent Brown Planning. Case No(s). H-2019-0120 For the City, Council Hearing Date of: February 4,2020(Findings on February 20, 2020) A. Findings of Fact l. Hearing Facts(see attached Staff Report for the hearing date of.February 4, 2020,incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of February 4,2020,incorporated by reference) 3. Application and Property Facts(see attached Staff Report for the hearing date of February 4, 2020, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of February 4,2020, 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 (LC. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title I 1 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. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR HENSLEY STATION-AZ,PP H-2019-0120 i . Meridian City Councii Meeting Agenda Bala-10,12020M Page299,ti 36670 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of February 4,2020,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 Preliminary Plat is hereby approved with the requirement of a Development Agreement per the provisions in the Staff Report for the hearing date of February 4,2020,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- 6E-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 67-651IA. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved,said development agreement shall be signed by the property owner(s)and returned to the city within six(6)months of the city council granting the modification. A modification to the development agreement may be initiated prior to signature of the FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR HENSLEY STATION--AZ,PP H-2019-0120 -2- Meridian City Council Meeting Agenda Mdyaha1l9,1$02020 Pagecp OV 36270 agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six(6)month approval period. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request must be in writing,and must be filed with the City Clerk not more than twenty-eight(28)days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521,any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight(28)days after the date of this decision and order seek a judicial review as provided by Chapter 52,Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of February 4,2020 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR HENSLEY STATION--AZ,PP H-2019-0120 - ; - Meridian City Council Meeting Agenda Mdyaha1l9,1$02020 Pagecp 1IU 36@70 By action of the City Council at its regular meeting held on the I8th day of February 2020. COUNCIL PRESIDENT TREG BERNT VOTED COUNCIL VICE PRESIDENT BRAD HOAGLUN VOTED COUNCIL MEMBER JESSICA PERREAULT VOTED COUNCIL MEMBER LUKE CAVENER VOTED COUNCIL MEMBER JOE BORTON VOTED COUNCIL MEMBER LIZ STRADER VOTED MAYOR ROBERT SIMISON VOTED (TIE BREAKER) Mayor Robert Simison Attest: Chris Johnson City Clerk Copy served upon Applicant,Community Development Department,Public Works Department and City Attorney. By: Charlene Way Dated.. 2-18-2020 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR HENSLEY STATION--AZ,PP H-2019-0120 - t- Meridian City Council Meeting Agenda WTahaflp,1$02020 Pagecp A40 36@70 EXHIBIT A STAFF REPORTC�,WEI'i DIAIT=-- COMMUNITY DEVELOPMENT DEPARTMENT HEARING February 4,2020 DATE: Legend tn TO: Mayor&City Council FROM: Sonya Allen, Associate Planner 208-884-5533 - -- Bruce Freckleton, Development — - Services Manager 208-887-221 1 {.I SUBJECT: H-20I9-0I20 Hensley Station-ALT,AZ,PP, PS LOCATION: 462 N. Black Cat Rd., in the SW '/a of _ .X Section 10,T.3N., R.I W. - r' I. PROJECT DESCRIPTION Annexation of 7,17 acres of land with an R-15 zoning district and Preliminary Plat consisting of 65 building lots and 6 common lots on 6 acres of land in the R-15 zoning district. II. SUMMARY OF REPORT A. Project Summary Description details Page Acreage 6 acres Future Land Use Designation MHDR(medium high density residential)in Ten Mile Interchange Specific Area Plan(TMISAP) Existing Land Use(s) Rural residential/agricultural Proposed Land Use(s) Single-family attached dwellings;and townhome dwellings Lots(#and type;bldg./common) 65 building lots;6 common lots Phasing Plan(#of phases) 1 or 2 phases(as shown on the plat in Section VIi.S] Number of Residential Units(type 6 attached units&59 townhome units of units) Density(gross&net) 10.83 gross; 14.47 net Open Space(acres,total 0.71 of an acre(or 12%) [%I/b uffer/qual i h ed) Amenities Fire pit with 2 benches Physical Features(waterways, The Purdam Gulch Drain crosses the northeast corner of hazards,flood plain,hillside) this site Neighborhood meeting date; = of 9/18/19;5 attendees attendees: History(previous approvals) None Page 1 Meridian City Council Meeting Agenda E 4j9jaWV,120202-9 Ra?eg43W b6E170 B. Community Metrics Description Details Page Ada County Highway District • Staff report(yeslno) Yes • Requires ACHD Commission No Action(yes/no) Access(Arterial/Collectors/State Private street access proposed via Aviator St.,a collector Hwy[Local)(Existing and Proposed) street;emergency access only via N. Black Cat Rd.,a minor arterial street(100'+1-south of the north property line)(the existing access via Black Cat is required to be closed) Traffic Level of Service Better than"E"(acceptable level of service for a 2-lane minor arterial is"E") Stub Streetllnterconnectivity/Cross No stub streets or cross-access easement are proposed Access Existing Road Network Black Cat Rd. is currently improved with 2-travel lanes, approximately 25' of pavement and no curb,gutter or sidewalk abutting the site. Aviator St.was constructed as '/2 of a 3-lane collector 46' street section with 23'of pavement plus 12 additional feet of pavement totaling 357 with vertical curb,gutter&a 7' wide attached sidewalk on the south side of the roadway with a 3' gravel shoulder and borrow ditch on the north side of the roadway.As it continues east&transitions to a 2-lane roadway, it's constructed as %of a 36'collector roadway with IS' of pavement plus 12'additional pavement totaling 30' with vertical curb,gutter and 7' attached sidewalk on the south side of the roadway with a 3'gravel shoulder and borrow ditch on the north side. Existing Arterial Sidewalks Buffers Proposed Road Improvements Black Cat Rd.is listed in the ClP to be widened to 5-lanes from Franklin Rd.to Chcrry Ln.and the Black Cat/Cherry intersection to be widened to 5-lanes on the north leg,6- lanes on the south leg,4-lanes an the west leg and 5-lane~ on east leg and signalized between202I-2025 Fire Service ■ Distance to Fire Station 2.3 males(Fire Station#2) • Fire Response.Time 4:00 minutes(under ideal conditions) • Resource Reliability 81%(meets targeted goal a 801,14 or greater) Risk Identification 2(current resources would be adequate to supply service) ■ Accessibility Meets requirements • Special/resource needs None ■ Water Supply 1,500 gallonslminute for 2 hours(may be less if buildings are fully s rinklcred) Police Service No comments submitted Wastewater • Distance to Sewer Services 0 feet • Sewn Shed South Black Cat trunkshed - - Page 2 Meridian City Council Meeting Agenda Mitroh0q,1802020 Paee,�ql4bf a6@70 Description Details Page • Estimated Project Sewer See application ERU's • WRRF Declining Balance 13.8 • Project Consistent with WW Yes Master Plan/Facility Plan Water • Distance to Water Services D feet ■ Pressure Zone 1 • Estimated Project Water See application ERU's ■ Water Quality None • Project Consistent with Water Yes Master Plan ■ Impacts/Concerns The dead end water main in W.Freestyle Ln. should end with a fire hydrant,not a blow-off C. Project Area Maps Future Land Use Map Aerial Map Legend J H f�Pa,eci Loco'ar• � ���® ��Pres�t Loca�+an � I J—i Resiclerifia.)� Med-Hi h u fri I Re side�nfiaOp Mixed G.as P ployment Civic MU- Zoning Map Planned Development Map - Page 3 - Meridian City Council Meeting Agenda M#Fabi flV,120202.0 Pagecp3V WON Legend ® Legend 1� f�l Fre;eci Locoian Q 8 ��Prc ec t Lx a ter. 11110 E Q7�' ; M1- ( R ' M1 1. R-15 TN•C._- R-40 C-C ---`t III. APPLICANT INFORMATION A. Applicant: Northern Land Development,LLC—2150 N. Canter Pl.,Eagle,ID 83616 B. Owner: Same as Applicant C. Representative: Kent Brown, Kent Brown Planning—3161 E. Springwood Dr.,Meridian, ID 83642 IV. NOTICING Planning& Zoning City Council Posting Date Posting Date Newspaper notification published 12/13/2019 0111712020 Radius notification mailed to property owners within 300 feet 12/10/2019 01/14/2020 Public hearing notice sign posted 121211Z019 111$IZOZO on site Nextdoor posting 12/10/2019 01/14/2020 V. STAFF ANALYSIS A. Future Land Use Map Designation(htt s:lli wives: .nicr-idiarrci�.orgleonrpplarr} Medium High-Density Residential (MHDR): The purpose of the MHDR designation is to allow for the development of a mix of relatively dense residential housing types including townhouses, condominiums and apartments. Residential gross densities should range from 8 to 15 units per acre.These are relatively compact areas within the context of larger neighborhoods and are typically located around or near mixed use commercial or employment areas to provide Page 4 Meridian City Council Meeting Agenda K4#rokeV,120202-0 Ra@egl853 W076 convenient access to services and jobs for residents. Developments need to incorporate high quality architectural design and materials and thoughtful site design to ensure quality of place and should also incorporate connectivity with adjacent uses and area pathways, attractive landscaping and individual project identity. The proposed development consisting of'a mix of attached dwellings and diftrent types of' townhouse dwellings at a gross density of 10.83 unitslacre is consistent with the uses and density desired in the AIHDR designation. B. Comprehensive Plan Policies his:Iln-mits.pne►•idirr►rcitv.orgleo►n Ian): Staff finds the following Comprehensive Plan policies to be applicable to this application and apply to the proposed use and development 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) The proposed mix of attached and townhome dwellings will contribute to the diversity in housing types in the western portion of the Cit7,. Stglf is unaware i_f'the proposed unit.►will be owner occupied or rental units. "Provide housing options close to employment and shopping centers."(3.07.02D) The proposed development it-ill provide housing options in close proximity to the existing and fixture employment and shopping centers along the Teti Mile corridor. • "Require open space areas within all development."(6.01.01A) A minimum of 10%qualified open space is required to be provided in accord with the standards listed in UDC 11-3G-3. As proposed, the development axceeds the Mininitun standards at 12%. "Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City."(3.0 1.01 F) Urban services can be provided and this development is contiguous to the City. ■ "Restrict private curb cuts and access points on collectors and arterial streets."(3.06,02❑); One private street access is proposed for the development via the collector street along the southern boundan,of'the site;access is not available via a local street. • "Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity as part of a community pathway system,"(3.03.43B) There are no pedestrian connections proposed to adjacent properties other than sidewalk- proposed along the collector street at the southern boundary,of the site. C. Existing Structures/Site Improvements: There is an existing home and accessory structures on this site that will be removed with development. Removal of these structures should take place prior to signature on the final plat by the City Engineer. D. Proposed Use& Site Design Analysis: Single-family attached and townhome dwellings are listed in UDC Table 11-2A-2 as principal permitted uses in the R-15 zoning district. The preliminary plat is proposed to develop in one or two phases as shown on the preliminary plat in Section VII.B; the Applicant is unsure at this time if it will be phased. Page 5 Meridian City Council Meeting Agenda N/Wyotiatp,9802020 Rage(p7lbf WON The site design is subject to the design elements in the Ten Mile Interchange Specific Area Plan (TMISAP). In accord with the Plan,structures are proposed to be built near the edge of the street buffer and front on Aviator St.,the primary street,with parking at the rear of the structures and pedestrian walkways from each unit to the perimeter sidewalk with trees and landscaping in the front yards; structures are proposed to be 2-stories in height. E. Specific Use Standards (UDC 11-4-3): None F. Dimensional Standards(UDC 11-2): Al] development is subject to the dimensional standards listed in UDC Table 1 1-2A-7 for the R- 15 district. The minimum lot size in the R-15 district is 2,000 square feet(s.L); there are 14 lots that are below the minimum lot size—revisions should be made to the plat to comply. G. Access(UDC 11-3A-3, 11-3H-4): One access is proposed via W. Aviator St., a collector street along the southern boundary of the site; an emergency only access is proposed 100'+1- feet south of the north property line via Black Cat Rd., an arterial street. Private streets are proposed for internal access within the site. Private streets are required to comply with the standards listed in UDC 11-3F-4. All drive aisles are required to be posted as fire lanes with no parking allowed; if curbs exist next to the drive aisle(s), they shall be painted red. H. Parking(UDC I1-3C): Off-street parking is required to be provided for the proposed single-family attached and townhouse units as set forth in UDC Table 1 1-3C-6. All of the units are proposed (o have 3 bedrooms.Therefore,4 spaces are required per dwelling unit with at least 2 of those in an enclosed garage, the other spaces may be enclosed or a minimum 10' x 2W parking pad. A]I of the units have a 2-car garage and a parking pad for 2 cars that complies with these standards. Additionally, a total of 10 guest parking spaces are proposed along the south end of the mew_ 1. Pathways(UDC 11-3A-8): A pedestrian pathway is proposed through the central mew within this development: landscaping is required adjacent to the pathway as set forth in UDC 11-3B-12C as proposed. J. Sidewalks{UDC 11-3A-1 : Sidewalk are required adjacent to all public streets as set forth in UDC 1 1-3A-17. detached sidewalks are required along arterial and collector streets. A detached sidewalk is proposed along N. Black Cat Rd.,an arterial street, and an attached sidewalk is proposed along W.Aviator St., a collector street. The sidewalk along Aviator St.should be detached as set forth in UDC 11- 3A-17C at least 6-feet from the back-of-curb as required by ACHD with landscaping consisting of grass or vegetative groundeover(no trees) in the parkway area. K.. Parkways(UDC 11-3A-17): Parkways are not proposed within this development. L. Landscaping(UDC 11-3B): A 25-foot wide street buffer is required along N. Black Cat Rd.,an arterial street, and a 20-foot wide street buffer is required along W. Aviator St., a collector street,as set forth in UDC Table l 1-2A-7, landscaped per the standards Iisted in UDC 1 1-3B-7C as proposed.A 2-3' tall berm is proposed within the buffer along Black Cat per the detail on Sheet Lt.2 of the landscape plan. Page 6 Meridian City Council Meeting Agenda N/tEtrobit011202020 Pa6e(p8 tb 366170 The UDC (11-3B-7C.2a)requires all residential subdivision street buffers to be on a common lot maintained by a homeowner's association. The Applicant requests approval of Alternative Compliance to this standard to allow the street buffer along Aviator St.to be placed in an easement on Building lots(Lots 2-12, Block 1) rather than a common lot.This will allow the townhomes to be placed closer to W. Aviator St. to enhance the streetscape consistent with new urbanism design and the design standards in the TMISAP; these units will be accessed from the rear with the front doors facing Aviator St. All of the common area open space in the subdivision will be maintained by the Homeowner's Association for consistent maintenance and appearance. Staff is supportive of the request for Alternative Compliance based on the Findings in Section IX.D. Landscaping is required along the pathway in the mew in accord with the standards listed in UDC l 1-3B-12C as proposed. Landscaping is required within common areas per the standards listed in UDC 1 I-3G-3E as proposed. Mitigation is required for all existing 4"caliper or greater trees that are removed from the site with equal replacement of the total calipers lost on site; mitigation trees are in addition to all other landscaping required as set forth in UDC l I-3B-10C.5. The landscape plan (Sheet L1.2)states 223 total caliper inches are required for mitigation; the plan also states existing trees to be saved on site will count toward mitigation—however,existing trees do not count toward mitigation.Therefore,additional trees(223 caliper inches) should be depicted on a revised landscape plan that comply with the minimum mitigation standards,or alternative compliance may be requested as set forth in UDC 11-5B-5. M. Qualified Open Space (UDC 11-3G): A minimum of 10%qualified open space is required to be provided within the development that complies with the standards listed in UDC 1 1-3G-3B. Based on 6 acres of land,a minimum of 0.60 of an acre126,136 square feet is required. A total of 0.83 of an acre136,285 square feet(or 14%)qualified open space is proposed as shown on the exhibit in Section VII.❑ consisting of half the street buffer along Black Cat Rd., an arterial street; all of the street buffer along W. Aviator St., a collector street; the 35' wide common mew; and the open space at the northeast coiner of the development. Because the street buffer along Aviator St. is proposed to be on an easement on privately owned lots rather than in a common lot owned by the HOA,the buffer(5,348 square feet10.12 of an acre) does not count toward the minimum open space standards. however,the project still complies with the minimum standards without this area at 30,937 square feet10.71 of an acre(or 12%). N. Qualified Site Amenities (UDC 11-3G): A minimum of one(1) site amenity is required based on the area of the site that complies with the standards listed in UDC 11-3G-3C. The Applicant proposes an open grassy area exceeding 50' x 100' in area;2 benches near a 15' x 15' gathering area with a fire pit, and a pedestrian pathway through the central mew as site amenities. In order for the open grassy area to qualify as a site amenity,it would need to be at least 20,000 square feet over the minimum amount of qualified open space required; it's under that amount at 10,019 square feet. In order for the pedestrian pathway to qualify as a site amenity it would need to connect to an existing or planned pedestrian or bicycle route outside the development as designated in the Pathways Master Plan; it does not. The fire pit with 2 benches in itself doesn't qualify as a site amenity; after discussions with the Applicant,a 15' x 15' Pa c 7 Meridian City Council Meeting Agenda Wrobit011202020 Pa6e(P9%I a66170 shade structure with picnic tables will also be provided in accord with UDC standards(see detail of shade structure in Section VII.D). 0. Waterways(UDC 11-3A-6): The Purdam Gulch Drain and associated easement crosses the northeast corner of this site as depicted on the site plan and plat. The UDC (I1-3A-611.3) requires the waterway to he piped if it's not improved as a water amenity or linear open space as defined in UDC 11-A-1. The Applicant requests Council approval of a waiver to this provision as allowed by UDC 11- 3A-613.3a,to allow the short segment of waterway crossing this site to remain open and not be piped consistent with that upstream and downstream.The UDC allows Council to waive this requirement if it finds the public purpose requiring such will not be served and public safety can be preserved. Staff recommends a fence is installed along the easement of the drain to ensure public safety constructed per the standards listed in UDC 11-3A-6C.3. P. Fencing(UDC 11-3A-6, II-3A- All fencing is required to comply with the standards listed in UDC l 1-3A-6 and 11-3A-7. Fencing is proposed as follows: 6' tall solid vinyl fencing is proposed along the back edge of the street buffer along Black Cat Rd., and a 4' solid vinyl fence with 2' lattice is proposed along the north and east boundaries of the site_ Fencing should be depicted as such on the landscape plan. Q. Utilities(UDC 11-3A-21): All utilities are required to be installed at or below grade in accord with the City's adopted standards,specifications and ordinances. Street ligliting is required to be installed in accord with the City's adopted standards, specifications and ordinances. Adequate fire protection is required in accord with the appropriate fire district standards. R. Pressurized Irrigation System (_UDC 11-3A-15) An underground pressurized irrigation system is required to be constructed and service provided to each lot in the proposed subdivision. S. Storm Drainage (UDC I1-3A-18} An adequate storm drainage system is required to be provided in this development in accord with the City's adopted standards, specifications and ordinances, design and construction is required to follow Best Management Practices as adopted by the City. T. Building Elevations [UDC 11-3A-19 I Architectural Standards Ma►►uao: A variety of structure configurations are proposed consisting of(3)single-family attached structures(2 units in each structure for a total of 6 units); (9)4-plex structures in two different configurations(Type 1 --rear-loaded facing a mew, consisting of 8 units; and Type 2--front- loaded facing the street,consisting of 28 units);(1) rear-loaded 5-plex structure containing 5 units; and(3)rear-loaded 6-plex structures containing a total of 18 units(see site plan and building elevations in Sections VILE and F respectively). Building materials consist of a variety of horizontal and vertical siding and stucco with stone veneer accents; color schemes are the same on each of the buildings throughout. All structures(i.e. single-family attached and townhome dwellings) proposed in this development are subject to the design elements in the Ten Mile Interchange Specific Area Plan (TMISAP) and the design standards listed in the Architectural Standards Manual. Page 8 — Meridian City Council Meeting Agenda KtArobit011202020 Pa?ec�20 bt 436670 Design review approval of the proposed structures should be obtained prior to submittal of building permit applications.A Cerld faeale of'Zoning Compliance is nol required. The building design is subject to the design elements in the Ten Mile Interchange Specific Area Plan(TMISAP). In accord with the Plan,porches should be provided for each unit facing W. Aviator St.and should be a dominant element along at least 30% of the front faVade of the buildings—revisions to the elevations should be made to comply. Building materials, particularly at the street level facing Aviator St.should be high quality, such as terra Gotta, natural stone,clay-Bred units,or other approved masonry materials for architectural details or accents—the strongest use of such should be reserved for street level windows and entries. VI. DECISION A. Staff: Staff recommends approval of the requested annexation with the requirement of a Development Agreement and the preliminary plat with the conditions included in Section Vill per the Findings in Section IY. The Director approved the requests for private streets and alternative compliance per the Findings in Section IX. B. The Meridian Planning&Zoning Commission heard this item an January 2,2020. At the public hearing,the Commission moved to recommend approval of the subject AZ and PP requests. I. Summary of Commission public hearing a. In favor: Kent Brown b. In apposition: David Petersen.Jason Hibbard C. Commenting: None d. Written testimony: Kent Brown,Apdalicant's Representative(in aareernent with staff re ort L. Staff presenting application: Sonya Allen f Other Staff commenting on application: None 2. Key issue(s)of public testimony: a Against proposed townhomes and private streets due to concerns children will be playing in the streets,cars won't fit in drivewayslgarages; and, b. Concern pertaining to increased traffic congestion in this area. 3. Key issue(s)of discussion by Commission: a. Concern pertaining to noise impacts to a residential development from trains on the adjacent railroad_tracks and the need for a buffer in this area; b. Desire for children's play equipment to be provided as an amenity for the development, C. The need for pedestrian improvements within the railroad right-of-way along Black Cat Rd., d. Concern that enough guest parking is provided. 4. Commission changes)to Staff recommendation: a. The Commission recommended the Applicant work with Staff to provide an amenity more conducive to children. 5_ Outstanding issue(s) for City Council: a. In response to the Commission's recommendation for a site amenity more conducive to children,the Applicant proposes a bocce ball court[see Section VII.D]. C. The Meridian City Council heard these items on February 4-2020. At the public hearing..the C4unCi1 moved tv.apprrz th�uOiWtA Rod lip_re-qLLWts= 1_ Sir ary of the City Council Du lb ichearA-"n� Meridian City Council Meeting Agenda fol�flQ;1B02o?{]�a�e�t@7C1 _ Yoi ent��Q .-E li att_' Re scutatim.hm NlWc,,N9dkruLand Drvelopa— ,AppI ctt b, In opposition:None d. Sri e_testimony-No new testimony since the Conunis ion__h_ea_rin� � Staff presentin an li i a Allen other_Staff ummenting_m=BuIkmLN-om Z key is-ue-s_1 nfpublic testimony: None I K- true nf-dis-c-uusion-b M C❑ur-w1: a. The-need for children's play equipment to be provided as an amenity rather than a bocce ball court:--------- - - -- - - - — ----- --------- ----- Ts_afftc gyugegioain_ W -area armed.e-_x_isling-ar�ARLa= improvements along Black Cat Rd. and the lack of a turn lane onto Aviator from Black ThrQn� �f tl��h�� _�IQnA�+itr�r f west of the entry] tirttre buffer mn4�_ed to be in an east rather than a cornr _i0t rcs�ing in a closer whack v tb-c sfte-L - 4, City Co�ncil.�ha_n���t��9r�_riii_5_s_i�n r_ec_Qxt]att� �n: Council rewired a children' lav sttvcture suitablef�_r_ _r it _rep be i _t 11e y5-an ni gr��erit�d uTtrl hdwwtin&1 with hC jWl -AinoWe.s thaf-p instead-of a bocce$ail court see condition V ]� Council approved a waiver to UDC 11-3A-5B.3 to allow the Purdam Gulch_ Drain to rr.m in own and-not be-pi�� Page 10 - Meridian City Council Meeting Agenda REIrolmto,9802020 PaYeW21"a6Q70 VII. EXHIBITS A. Annexation Legal Description & Exhibit Map Legal Description for Annexation Proposed Hensley Station Subdivision A parcel located in the SW'/, of Section 10, Township 3 North, flange 1 West, Boise Meridian Ada County, Idaho, and more particularly described as Follows: Commencing at an Aluminum Cap monument marking the southwest corner of said Section 10, from which a Brass Cap monument marking the northwest corner of said SW'/, of Section 10 bears N 0`38'57"E a distance of 2653.05 feet: Thence N 0'38'57" E along the westerly boundary of said SW'/,a distance of 1087.83 feat to an angle point on the existing Meridian City Limits boundary, the POINT OF BEGINNING; Thence leaving said existing Meridian City Limits boundary and continuing along said westerly boundary N 0°38 57" E a distance of 633.96 feet to a point on the centerline of the Union Pacific Railroad right-of-way Thence along said centerline S 88°25'50" E a distance of 495.18 feet to an angle point on the existing Meridian City Limits boundary, Thence leaving said centerline and along said existing Meridian City Limits boundary S 01,36'41' W a distance of 626.77 feet to a point on the northerly right-of-way of W. Aviator St. as shown in Instrument 2018-100444. Ada County Records: Thence along said northerly right-of-way and the existing Meridian City Limits boundary N 89'1544"W a distance of 495.53 feet to the POINT OF BEGINNING. This parcel contains 7.17 acres more or less. Clinton W. Hansen, PLS a�pI- LAIV'D Land Solutions, PC yy� STE G� October 2, 2019 a 11118 - ❑ ff�9PE 0 F TCNW_�A Hens tab ley Son Annexation r�f�E��[7�LtiCfal75 Jot No.19-57 L ..- Lams Grv�p ary6 CwMll:� Page I I Meridian City Council Meeting Agenda WynhnVj202020 Pa?eW3W WHO CITY OF MERIDIAN ANNEXATION PROPOSED HENSLEY STATION SUBDIVISION LOCATE❑ IN THE SW 1/4 OF SECTION 10, TOWNSHIP 3 NORTH. RANGE 1 WEST, B.M. 1/4 CITY OF MERIDIAN, ADA COUNTY, IDAHO W. PINE AVE. s �� ❑ 75 150 300 —_ —1 44IN MINION PACIFIC RAILROAD RIGHT-OF-WAY SB8'25'54"E 495.18' m z TOTAL ANNEXATION AREA=7.17 ACRES z m � 1 F PROPOSED HENSLEY n STATION SUBDIVISION CO G a 462 N. BLACK CAT RD. z o � 2 Cn x w POINT OF BEGINNING I EXISTING CITY UMITS BOUNDARY up N89'15'44'W 495.53' W. AVIATOR ST. Ntit LA Np Q3 < ' fis a r 9 P Cr Te 0Ir 5� + 9 10 � L.;-)rjO ioIwfl-0fis W. FRANKLIN RD. �� Land Surveying and Consulting Is is 23 r t srH sr-sr�.n IAC D(Ak r0 R38a2 12081 n&2050 f208 Z$FJ Z55i r,u ww.vJnnd3dutivrs.prr n iy a: Page 12 Meridian City Council Meeting Agenda(etayalmtp,1202020 Pa?eA4Faf WON B. Preliminary Plat(date: 10/07/2019)&Phasing Plan PHASING PLAN ■ "4 ' y ® ® HENSLEY STATION W _,_„r, � � S'UT37JIVISIUN 4 - I.t- �1 I E.r j, M H o 41 1� v i ■ E 'PHAS m l Twcrb � I i ill � *ON O�ASE I ■ v :3` , °ter[ to Alp _— --� _ Ibr_ • �417 _—- IE�m 91RVEYWt i�Ally� a a s o • a e-a a � Ta^ y� J^ • t �I w . ,e oa•� m •••• mo� -. 10 ~Pt.1 Page 13 - Meridian City Council Meeting Agenda WFoketp,1802O20 Ra@e(�29W W170 C. Landscape Plan(date: 10/07/2019) 111 - -�. I�, II - LAIJIA9CAPE REtliJIREMEHTS PROJECT ENJILONG,SITE DATA O . LOCATION MAP DEVELOPER ENGINEER - _ ;y..Ir .. .. 1•E" .. [.EL 'i'T« I-CF',,aI - PLANNER'CONTAC r 'A t3ENERAd.LANpSGAPE N[]TES ii"T � � ` W o • WALIFIED OPEN SPACE LME11S) F i I, I- :�-+'hST&1'u`.'C.'.::iiw.=..._...n 0. A�ASTEA•PLAN•'••e' n,r an � ���µ�..w.+^nr'•�nrw.�•"~' � nm OPCN SPACC F e L1.0 Page 14 — Meridian City Council Meeting Agenda M&abatpj202020 Ra$eAOW W170 � � _� I': �- _ �w � �...:�..:;'•:.•.;��;: � Purr so,r��r..�.�,.,..��,,... i� '�' _.i4•Mir•,Lu -�� � .i ... a `�w•j.'}rvr •� r�r� P4 AL L 0 •..._tom. t ,...�. L4.7 _ •_ LEc,EIi[7 TREE Mfwmmm NOTES — F�,�} I I , I I � � �� ri x...•r.iu..r:.r.wr•e' =1d I i X'1_1.. xRr~r•,�, ,..� TREE mol tt TK>m N01 ES 17 RE • - i TREE TQANSPLANT NOTES; - T t fit f T 1- T- �• - - -_- — -- TYNCALLANDSCAPEBERM ExlB'r43--�r:orrlatis ru-u------ ' it Page 15 Meridian City Council Meeting Agenda Wyou 09,120202-0 PageW7W 436Q70 CAN65GLPF I�E'C6T � _ 744 r, x' :: �...,M. .:. a f k ZZZ' FU Wage 16 Meridian City Council Meeting Agenda KbYohn1p,120202-0 P-agsW81 N 36E170 D. Qualified Open Space Exhibit(date: 10/07/2019)&Site Amenities l LANIMCAPE REOUiREPAE PITS PROJECT i. .. .� ., 1dm31 6U ILDING 15Trr DATA LOCATM— MAP i Ie�1� �.e,�....�..� ❑EYELOPER EE � ' � .3 ✓LMNERICONTACT 7J S —y DLNCRAI.LANDSCAPE UOTE3 Pk T:.;M.4•-.'•1. :6+.I-E: 177, p� QUALIFIED OPEN SPACF LEGEND: M ��MRSTER PLAN Yvtir_��._-_�' © .......,.....�.....,.r......- •..,r a 19 LI�N BPACESPACE kg 7 L1.D Y lI 'IL � l Page 17 — Meridian City Council Meeting Agenda Wvolaflp,1Z02020 RageW9Rd 36E?70 Hensley Station Proposed Tot Lot Facility(if bocce not approved) Ages 5.12 Page 18 Meridian City Council Meeting Agenda(Fi yah-nflp,1202a2.0 P-aReWOU 36VO E. Site Plan(date: 1 0/0 1120 1 9) 7 . i_ s A PLEY TrPE] DOM L„ EIV z Lu r r LU C3> Lzi1 a 5PE%TWE1 RREX TCF£1 f' Y.; 4 mac. 'i _ I ffw��• i� ;S .• ->M- } . SITE PLAN MG�T2cnFA1 sT rKT A51.0 Page 19 Meridian City Council Meeting Agenda WyolmV,1202020 Pagec'081 a8 436OFo F. 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FRONTE].EVATIOH -- — TYPE 1 Page 22 Meridian City Council Meeting Agenda f8t TIaV 1p,1202020 Pagec?34bf W@70 iAJA W SA ON fAgfl eQVu Fipk]I$Q YIEW - - - LIJ - a 0 O rJj 2W r= 4 p Nx _ e _ ris r 0 TYPE 1 = - Ab.o Ao x O� �a oN - a '!}x Y 42 _ L.� n.� Al 1400ft w TYPE 1 *' AO., Page 23 — Meridian City Council Meeting Agenda fait Fabl fl9,1202020 RageW3U a6E?70 5-Plex Fronting Mew 7 El -!------— ---- ate+ > ---- - { --- - — - — - nE o —- f J---_-_-_-_-__ °l_� _ _ - _�o�� -----__-_-_� _ . w R WELEVATION 1 4 SIDE ELEVATON 2 a w O J w a 7 u7 w , o� Q� �(D - ---------- - #f+ LLI cn 7 in -_ _---_-_- ---------- -------- ------- —_ --_---_ -----_— w IF -1 2 REAR ELEVATION - - _- ----- _--- --- we--- ❑ LInn 11 11 ❑ !❑1rJ , _ ------ -- - ----- ------ - --------- ----- -fie.:+ F1 11 7- LE ML -- TITJoo � o _ o0 I FRONT ELEVATION - TYPE 1 AO.z - Page 24 Meridian City Council Meeting Agenda Wyab'00,120202-0 Pagec?3871436@70 Ellime' • gal 01 ISO e!_ FRPHi{9q 4IF.1' f Rr1R i�i�'�'Af'�1' ci x p u, o v� ~D _ Q� ' lit O f �tt rr44 u j ._ -- per �y - _ — TO `")L-- r<�� TYPE 1 = AO0 r�r , e F z w R6RR,8RYRW RERR 164YIFW � ax O w wa [r w a N S Z w ~Z' Vl e- �. :� Y V z 1,- r, - I Fy - Me W 1, — — - — TYPE 1 w= Aa_, Page 25 Meridian City Council Meeting Agenda K/Wyolml,0,1202020 Rage WIN a6670 6-Plex Fronting Me o _ _--772, = ___-�_ = T1: — ----©�� -------- � w �SIOE ELEVATION t —� 7310E ELEVA710N 2 w J c� W Z W 0 ! wD -- - -- -- LLJ 2 REAR ELEVATION '— ----- _---_-- _ Sle 110 �= LLJU r'cranoxs ,FRONTELEvRnuw -- ----- -- -- ----- ----- ------ - - YPE 1 Ao.2 Page 26 Meridian City Council Meeting Agenda fait yahalq,120202-0 Race(p8M 361370 fC�I]M�Q YIEY/ f RI)NP[+y'+kt': w p Z y LLI N� .1 r w x hu.). � �1 ,-- ice" - _ - - -•� ;J - Far1 - _ 1 •J u IN �• - --_� - W y� �J6 7 I .i NNI TYPE 1 no.o 1_ + r 2 h[ai..: BEAR 15p vlEw LLI a x TA w o� i y w - -- - �.� —• � '-.`..fir _ —� — -- -- w O 'AS �y IrrIv T A r L!L !11-F��II� TYPE 1 _ A0.1 Page 27 — Meridian City Council Meeting Agenda fait Fabl fl9,1202020 RageWgN WEPO I -�---- LLI r�SIL]E ELEVA71oN 131L1E ELEVATION 2 CL w LQL Q 7 V LL QLLJ V7 �--------- -- =— —_-._ —� �2 I� 7��1 f ---�r� �. I I lrtl Z_ ------ -�_ ----- �_--�-- -- = -------- , f— _ — } W ll j Elo 7 REn t ELEVATION 6YR.1a..f:�L Ili ❑ ❑I ❑ ! ❑ - � ELEVATIONS 4 FRUNf LLLVAIION TYPE 2 AO.z Page 28 - Meridian City Council Meeting Agenda fait yabiaflp,1202020 Rageo40-67 36@70 -- Page 2g --- ---- :A- FqWT 00 AM PROUT L40 VCW LLJ LU Dr 1A 0 uJ UJ ID ST Z k Uj T I z LA 7T -jI lkgN' l FLOORP,m �YILIIICCR�P-111 TYPE 2k --,dIMjjpr' m FEM�hy�V,Ew z zw z -------- AL-------------------------------- -------- F F1 P F1 ----- -- ------ 44 i ii rL PAMN TYPE 2 Page 30 Meridian City Council Meeting Agenda WFablA9,1202020 Pagec'#43-Mb6670 VIII. CITYIAGENCY COMMENTS & CONDITIONS A. PLANKING L 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 site plan, preliminary plat, phasing plan, landscape plan and conceptual building elevations included in Section VE and the provisions contained herein. b. The existing structures on the site shall be removed prior to signature on the final plat by the City.Engineer. c. All structures(i.e. single-family attached and townhome dwellings)proposed in this development are subject to the design elements contained in the Ten Mile Interchange Specific Area Plan(TMISAP)and the design standards listed in the Architectural Standards Manual. Design review approval of the proposed structures shall be obtained prior to submittal of building pen-nit applications.A Cert{ficate gfZonin Compliance is not required. Porches are required for the units that front on W. Aviator St and should be a dominant element located along at least 30%of the front faVade of buildings. Building materials, particularly at the street level facing Aviator St should be high qualio!,such as terra cotta, natural stone, clay fired units, or other approved masonry materials for architectural details or accents—the strongest use vf'such should be reserved for street level windows and entries. ?. The preliminary plat,dated: 141712019, shall be revised as follows: a. The sidewalk along W.Aviator St.,a collector street, is required to be detached from the curb at least 6 feet,treasured from back of curb,in accord with UDC l 13A-17C and ACHD standards. b. A]1 building lots shall be a minimum of 2,000 square feet in accord with UDC Table I 1- 2A-7. c. Depict zero lot lines on the plat where buildings will span the lot line(s). 3. The landscape plan,dated: 1 017120 1 9,shall be revised as follows: a. Depict a fence along the Purdam Gulch Drain easement to preserve public safety in accord with UDC 11-3A-6B.3a per the standards listed in UDC 11-3A-6C.3 if Council approves a waiver to UDC 1 1-3A-6B.3 allowing the drain to remain open. Council approved a waiver to UDC 11-3A-6B.3 to allow the drain to remain open and not be e_pip --- --- - --- - --open —____-_--- b. Depict a total of 223 additional caliber inches of trees on the site as mitigation for the same amount of caliper inches being removed from the site in accord with the standards listed in UDC 1 1-313-10C.5; or alternative compliance may be requested as set forth in Page 31 Meridian City Council Meeting Agenda Wrobit011202020 Payeo43 W WR70 UDC 11-5B-5. Existing trees proposed to be retained on the site do not count toward this requiretnent. c. The sidewalk along W.Aviator St. is required to be detached from the curb at least 5 feet, measured from back of curb, landscaping consisting of grass or vegetative groundcover per the standards in UDC 11-3B-5N (no trees per ACHD)shall be installed within the parkway between the hack of curb and sidewalk along W. Aviator St. d. Depict fencing as follows. b' tall solid vinyl fencing along the back edge of the street buffer along Black Cat Rd., and 4' solid vinyl fence with 2' lattice along the north and east boundaries of the site, 4. The Por-dam Gul eh Dr-ain shall be piped wker-e it er-asse5 this site i n aeeer-d with UPC 11 3 A t�cal rr�d_q%ahwr to_UD_CLl3A-_6_B_3 to allow the Pur--am Gitch drain to remain.oy z f not he reed. 5. A picnic area with tables and a 15' x 15' shade structure and a children's play structure mtitahl.�fQr_�6lislr_eii_shall be provided as amenities in addition to the proposed fire pit and two benches, in accord with the standards Iisted in UDC l 1-3G-3C. b. Private streets are required to comply with the design and construction standards listed in UDC 1 1-3F-4. All drive aisles shall be posted as fire lanes with no parking allowed; if curbs exist next to the drive aisle(s),they shall be painted red. 13. PUBLIC Wogs 1. Site Specific Conditions of Approval L I The dead-end water main in W Freestyle Ln should end with afire hydrant,not a blow off. 1.2 Each lot/unit shall be required to have independent water and sewer services. 1.3 Revise the landscape plan for Lot 24 to remove the trees within the 20-foot wide sanitary sewer easement. The plan shall also need to show a minimum of a 14-Foot wide compacted grave access road over the sewer mainline per Meridian Public Works Standards. The drainage basin design may also need to be modified to not encroach within the area needed for the sewer mainline. 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 9-6-5. 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 Page 32 Meridian City Council Meeting Agenda Rgrah-40,12020 N)Page;244bf WQ70 an executed easement(on the form available fro>n 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 9112"x I I"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 perfon-ning 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)375-521 I. 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. 2.1 1 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-3 B. 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. Page 33 Meridian City Council Meeting Agenda N/tEtrobit011202020 Pa?®c�49 V a6@70 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.rnerldiancity.org/publlc—works.aspx?ld=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 nnust 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 snore information at 887-221 1_ C. FIRE DEPARTMENT NO. lweblink.nmeridiancity.otgIWebLink8/Doc View.aspx?id=180596 D. CENTRAL DISTRICT HEALTH DEPARTMENT(CDHD) hitp:Ilweblitik.meridianci n^.otglWebLink8lDoc View aspx?id=180513 E. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ) help:lltveblfrrk._tlteridianciit ;orglweblink8lllkloc1l807?9IPagel.aspx F. COMMUNITY PLANNING ASSOCIATION of SOUTHWEST IDAHO(COMPASS) http:llivebl itrk.nteridiaitri ty.otglu�ehlitik8101docl!8078?IPugel.aspx Page 34 Meridian City Council Meeting Agenda WrohOgj20202-0 Pa?eoWW a6670 G. ADA COUNTY HIGHWAY DISTRICT(ACHD) hftp:llivebli►rk.tneridiancitE.or-olwebliiik8101docII81137lPa eg l.aypx IX. FINDINGS A. Annexation and/or Rezone(UDC 11-513-3E) 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 Couneil,finds the proposed development and nrap amendment to R-15 is consistent with the land uses and density anticipated in AIHDR designated areas such as this and is generally consistent with the provisions in the Comprehensive Plan. 2, The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement', The City Council finds the proposed map aniendtnent and development complies with the regulations of'the R-15 district and allows.fpr a varieo o1'residential land use types (i.e. single-ja►nily attached and townhomes). 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The City Council finds the proposed map a►tendnrent shouldn't he materially detrimental to the.public. 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 Cite Council.f inds the proposed snap amendment shouldn't adversely impact the delivery of services in the City. 5. The annexation(as applicable) is in the best interest of city. The Citv Council,finds the proposed annexation is in the best interest ofthe City. B. Preliminary Plat(UDC 11-613-6) In consideration of a preliminary plat,combined preliminary and final plat,or short plat,the decision making body shall make the following findings: Page 35 -- Meridian City Council Meeting Agenda Wroh0q,1802020 Pa6egLV94 a6@70 I_ 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 plat is in general con7fornrance with the Comprehensive Plan and is consistent with the Unified Development Cade if tine Applicant complies with the conditions of'approval listed in Section V111. 2. Public services are available or can be made available ad are adequate to accommodate the proposed development; The Cift,Council finds public services are a14tilable and it-ill be extended with development to accommodate the proposed developnnent. 3- The plat is in conformance with scheduled public improvements in accord with the city's capital improvement program; The City Counrcil_finds the proposed plat is in eon2 formance with the,schedtnled public improvements in the CIP. 4, There is public financial capability of supporting services for the proposed development; The Cite Council finds there is public financial capability of'supporting services for the proposed development although the Developer will he finding aiding the improvements necessary, for the proposed development. 5. The development will not be detrimental to the public health, safety or general welfare; and The City CouncilfindLs the proposed development.should not he detrimental to the public health.safe4,or general ri,elfare. 6- The development preserves significant natural, scenic or historic features. The City Council is unaware o f anv significant natural,.scenic or historic,features on this site that treed to be preserved. C. Private Street(UDC 11-3F-5): In order to approve the application,the director shall find the following: I. The design of the private street meets the requirements of this article; Stafffinds theproposed design of the private streets meets theslandarrls listed in UDC II- 3F 4. 2_ Granting approval of the private street would not cause damage, hazard,or nuisance, or other detriment to persons,property,or uses in the vicinity; and Staff finds granting approval of'the proposed private streets will not be detrimental to anlv persons or property in the general vicinity. 3_ The use and location of the private street shall not conflict with the comprehensive plan and/or the regional transportation plan. Staf ffinds the proposed use and location of the private streets shall not conflict with the Comprehensive Plan or regional transportation plait for this area. Page 36 - Meridian City Council Meeting Agenda N/WyolmV,9802020 Ra@eg48W a6670 4. The proposed residential development(if applicable)is a anew or gated development. Stuff f inds a portion of the proposed residential development is a rnew development. D. Alternative Compliance (UDC 11-5B-5E); Required Findings: In order to grant approval for an alternative compliance application, the Director shall determine the following: l. Strict adherence or application of the requirements are not feasible; or Staff finds strict adherence to the requirements are•feasihle but wmidd affect the design ofthe project. ?. The alternative compliance provides an equal or superior means for meeting the requirements; and Stafffands the proposed alternative compliance provides an equal means for-the meeting the requirement in UDC 11-3B-7C.2a..and will provide a•streetscape consistent with new arrhanisrn design as desired in UDC 11-5B-5B.2e and the design standards in the TMISAP. 3. The alternative means will not be materially detrimental to the public welfare or impair the intended uses and character of surrounding properties. Stgf f finds the alternative means oftornpliance with UDC 11-3.8-7C.2a will not he ntaterial1v detrimental to the public we fare or harm the intended urea and character oj'the surrounding area. Page 37 - Meridian City Council Meeting Agenda N/tEtrobitO11202O20 Pa6e".90 WR70