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Allmon Subdivision Development Agreement (H-2019-0135) (2020-070271)
ADA COUNTY RECORDER Phil McGrane 2020-070271 BOISE IDAHO Pgs=43 CHE FOWLER 06/11/2020 10:13 AM CITY OF MERIDIAN, IDAHO NO FEE DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian .2. TBC Land Holding, Owner 4. Todd Campbell Construction, Inc., Developer. THIS DEVELOPMENT AGREEMENT (this Agreement); is made and entered into this 9th day of June 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 TBC Land Holding;whose address is PO Box 140298;.Boise,ID 83714, hereinafter called OWNER and Todd Campbell Construction, Inc., whose address is PO Box. .14.0298, Boise;ID 83714,hereinafter called DEVELOPER. 1. RECITALS: 1.1 WHEREAS; Owner is the sole owner,in law and/or equity,of certain tract.of land in the County of Ada, State of Idaho,described in Exhibit"A",which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property; and 1.2 WHEREAS,Idaho Code§67-6511 A provides that cities may,by ordinance, require or permit as a condition of.zoning that the Owners and/or Developer make a written commitment concerning the use or development ofthe subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the. enactment of Section l l�5B-3 of the. Unified Development Code. ("UDC"); which authorizes development,agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, Owner and/or Developer have submitted an application for annexation and zoning of 10.03 of land with an R=8 (medium density residential) zoning district on the property listed in Exhibit "A" (attached), under the Unified Development Code, which generally describes .haw the Property will be developed and what improvements will be made; and 1.5 WHEREAS, Owner and/or Developer made.representations at the public hearing before the Meridian Planning and Zoning Commission and 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 requested annexation and zoning before the.Planning and Zoning Commission and the City Council, DEVELOPMENT AGREEMENT—ALLMON SuBmvisION(14-2019-0135) PAGE 1 OF.8 Meridian City Council Meeting Agenda June 9,2020— Page 149 of 318 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 12th day of May; 2020, the Meridian. City Council approved certain Findings Of Fact and Conclusions of Law acid 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 and/or Developer to enter into a Development Agreement.before the City Council takes final..action on final plat; and 1.9 WHEREAS., Owner and/or 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.and/or 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 ofthis Agreement;herein being.estahlished 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 I L NOW, THEREFORE;.in consideration of the covenants and conditions set forth herein, the parties agree as follows: 4824 E. Fairview Avenue,Boise,ID 83706 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., 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. 12 OWNER: means and refers to.TBC Land Holding, whose address is.PO Box 140298, Boise, ID 83714, the party that owns said Property and shall include any subsequent owner(s) of the Property. DEVELOPMENT A(3R EMENT-ALLmoN SUBDIVISION(H-2019-0135) PAGE 2 OF 8 Meridian City Council Meeting Agenda June 9,2020- Page 150 of 318 3.3 DEVELOPER: means and refers to Todd.Campbell Construction,Inc., whose address is PO Box 140298, Boise, ID 83714, the party that is developing said Property and.shall include any subsequent developer(s).ofthe Property. 3.4 PROPERTY: means and refers to that.certain parcel(s)of Property located in the County of Ada,City of Meridian as described in Exhibit"A"describing the parcel to be 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 Aevelop 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 and/or Developer shall develop the Property in accordance with the following.special conditions: a.. Future development of this site shall be generally consistent with the preliminary plat, landscape plan and conceptual building elevations included in Section VII of the Staff Report attached to the Findings of Fact and Conclusions of Law attached hereto as Exhibit"B"and the provisions contained therein. b Single-family homes on Lots l4 and 15,Block 2 shall be restricted to 25 feet in height. 6. COMPLIANCE PERIOD This Agreement must be fully executed within six (6) months after the date.of the Findings for the annexatiowand.zoning or it is null and void. 7. DEFAULTICONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: T l Arts 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 and/or Developer's default of this Agreement,Owners. and/or 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 DEVELOPMENT AGREEMENT--ALLmoN SUBDIVISION(H-2019-0135) PAGE 3 OF 8 Meridian City Council Meeting Agenda June 9,2020— Page 151 of 318 cured within such one Hundred eighty(180)day period,then.the time allowed to cure such failure may be;extended forsuch 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 and/or Developer that is not cured after notice.as described in Section 7.2,Owners and/or 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 Propertyand upon City'.scompliance with all applicable.laws,ordinances and rules, including any applicable provisions of Idaho Code §§ 67-6509 and 67-65.1 L Owners and/or 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 Owners.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 laworin 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 Owners.and/or 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 Owners and/or 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: Owners and/or 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. 9. REQUIREMENT FOR RECORDATION: City shall record this. Agreement, including all of the Exhibits,and submit proof of such recording to Owners and/or Developer;prior to the third reading of the Meridian Zoning Ordinance:in connection with the re-zoning ofthe 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. 1 Q: ZONING: City shall,following recordation of the duly approved Agreement,enact a valid and binding ordinance zoning the Property as specified Herein. DEVELOPMENT AGREEMENT-ALLMON SUBDIVISION(H-2019-0135) PAGE 4 of 8 Meridian City Council Meeting Agenda June 9,2020- Page 152 of 318 I L 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 and/or 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 bythe City, or sufficient surety ofperformance is provided.byOwner and/or Developer to the City in accordance with Paragraph 1.1 above. 1.3. 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.desiredby 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 certi€ied.snail, 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: TBC Land Bolding Todd Campbell Construction,Inc. PO Box.14a298 PO Box 140298 Boise, ID 83714 Boise, lb 83714 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 seetion: 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: 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 strictlyof the essence with respect to each and everyterm,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.trf perform. REVELOPmF_NTAGREEMENT—ALLMON SuBDivISION(H-2019-0135) PAGE 5 OF 8 Meridian City Council Meeting Agenda June 9,2020— Page 153 of 318 17. BINDINGUPON 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 off ce. 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 party shall act reasonably in giving any consent,approval,or taking any other action tinder 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. 2L 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, expmss'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. Z1.1 No condition governing the uses and/or conditions governing re-zoning of the subj ect Property herein provided for can be modified or amended without the approval ofthe City Council after the City has conducted public hearings) in accordance with the. notice provisions:provided for a zoning designation and/or amendment in force at the time of the proposed amendment: 22. EFFECTIVE DATE OF AGREEMENT:This Agreement shall be effective.on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with.the.annexation and zoning of the Property and execution. of the Mayor and City Clerk. [end of text; signatures; acknowledgements, and Exhibits A and B fallow] DFvuoPMENT AGREEMENT-ALL1vmoN SUBDIVISION(H-2019-Q L35) PAGE.6 of 8 Meridian City Council Meeting Agenda June 9,2020- Page 154 of 318 ACKNOWLEDGMENTS. IN WITNESS WHEREOF,the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER: DEVELOPER: TBC Land Holding Todd Campbell Construction,Inc. By: � � �� BY. Its: Its: CITY OF MERIDIAN ATTEST: By: Mayor Robert E. Simison Chris Johnson,City Clerk. DEVELOPMENT AGREEMENT---ALLMON SUBDrvisioN(H-201.9=0135) PAGE TOP 8 Meridian City Council Meeting Agenda June 9,2020— Page 155 of 318 STATE:OF IDAHO. } ss: County of Ada } On this. da .of ,2020,beforc._me,the undersigned,a Notary Public in,a d for 4aid State,personally appeared AA knowtt.or identif ed to me to be,tile. Parr '�" of TBC Land Holding,..and lieperson who sigried:above and acknowledged tome that he executed the same.on behalf-of said Company. �<< i iWjljUSS WHEREOF,.I have hereunto set my hand:and affixed.my.official seal the.day and year in this ce i i�a Rb written. ti% A o�AR r Notary Public krfidb pU5L� Residing at: a� . SS: County.:of Ada } On this a da of.. 2020,before nie;.the undersigned;a.Notary Public in and for.said..State,personally q n appeared.. ;:known or identified ed to.me to.be.theS�G{YTr of Todd Campbell Construction,Inc;and.the person who signed above and acknowWgedty me that he executed the same on behalf of said Company. �%NESS WHEREOF,I have:hereunto set my hand and affixed my official seal the day and year in.this written. R =— :.KGB L1G Notary Public: h dyo�a' �� Residing at: ••�'1°i My Commission Expires: ( `f ST�ktl t)t4l 3Ax0 ) ss County of Ada } On.this 9th day of June , 2020,:before me,.a Natary Public,personally appeared Robert E:.Simison.and.Chris Johnson,known or identified to me to be.the Mayor.and Clerk,respectively,of the Cityof 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: Meridii-an, Idaho Commission expires: 3-28-2022 DEVELoPMENr AGREEMENT—ALLmoN SUBDrvis IV(H-2019-41`35) PAGE 8 of 8 Meridian City Council Meeting Agenda June 9,2020— Page 156 of 318 EXHIBIT A B & A Engineers, Inc. Consulting Engineers & Land Surveyors 5505 West Franklin Rd. Boise, ID 83705 Telephone 208.343.3381 Facsimile 208,342.5792 Allmon Subdivision Annexation Description November 19,2019 A portion of, the southeast quarter of the northeast quarter of Section 30, Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the North Quarter Corner of said Section 30; thence N89°47'00"E, 2,634.00 feet along the North line of Section 30 to the Northeast Quarter Corner; thence SOO°13'57"W, 1,660.54 feet along the easterly boundary of said Section 30 and the centerline of N. Locust Grove Road to the Point of Beginning: Thence continuing S00"13'57"W,332.05 feet along the easterly boundary of said Section 30 and the centerline of N. Locust Grove Road Thence S89°43'08"W,25.OD feet to the westerly right-of-way of N. Locust Grove Road; Thence S89"43'08"W, 1,287.88 feet along the northerly boundary of Madelynn Estates Subdivision to the southeast corner of Arcadia Subdivision; Thence N00°10'34"E,333.46 feet along the easterly boundary of Arcadia Subdivision to the southwest corner of Reserve Subdivision No.2; Thence N69°46'49"E, 1,288.20 feet along the southerly boundaries of Reserve Subdivision No.2 and The Reserve Subdivision to the westerly right-of-way of N. Locust Grove Road; Thence N89°46'49"E,25.00 feet to the easterly boundary of said Section 30 and the centerline of N. Locust Grove Road and the Point of Beginning. Comprising 10.03 acres,more or less. REO Y � N 411 0 V s�p�R OF % H D. tN' Allmon Subdivision H-2019-0135 Meridian City Council Meeting Agenda June 9,2020— Page 157 of 318 EXHIBIT A Allmon Subdivision Annexation Map 19 58yµ 42w 19 20 3 — — 111a1 o 30 29 I NORTH SCALE: 1'=150' �o ti oo esv� ,00 eSJ� DO I s N ¢ e N R Z z �Ie N89'46'49'E 1313.20 1288.2 o u 25.00' H n C N v b W 9.84 ACRES .. d` o g G 0 O 25.00' Z t S89'46 49 1312.88ca 0 0 RE Annexation Map For: 4 11 Allmon Subdivision m 411 1 c BEING SITUATE IN THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 30.TOWNSHIP 4 NORTH, RANGE 1 EAST, 9 B&A Engineers,Inc. os }F OF BOISE MERIDIAN,CITY OF MERIDIAN, IDAHO. 4 sc ea.ew s�n6r1.,.e. FPy U � � 21 ND"BER 2019 Allmon Subdivision H-2019-0135 Meridian City Council Meeting Agenda June 9,2020— Page 158 of 318 EXHIBIT B CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EN AND DECISION& ORDER In the Matter of the Request for Annexation of 10.03 acres of Land with an R-8 Zoning District; and Preliminary Plat Consisting of Fifty(50)Buildable Lots and Seven (7)Common Lots on 9.91 Acres of Land in the R-8 Zoning District,by Todd Campbell Construction,Inc.. Case No(s). H-2019-0135 For the City Council Hearing Dates of: March 24 and May 5,2020 (Findings on May 12, 2020) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of May 5,2020,incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of May 5, 2020, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of May 5,2020, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of May 5,2020,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(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. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR ALLMON SUBDIVISION—AZ,PP H-2019-0135 - I - Meridian City Council Meeting Agenda MayeR, —PdWe115U0dfWffi3 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of May 5, 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 zoning and preliminary plat is hereby approved with the requirement of a Development Agreement per the conditions in the Staff Report for the hearing date of May 5,2020, 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 11-613-713). 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. A modification to the development agreement may be initiated prior to signature of the FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR ALLMON SUBDIVISION—AZ,PP H-2019-0135 -2- Meridian City Council Meeting Agenda MayeR, —PdWe11500dfWffi3 agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six(6)month approval period. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight(28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight(28)days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67,Idaho Code. F. Attached: Staff Report for the hearing date of May 5,2020 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR ALLMON SUBDIVISION—AZ,PP H-2019-0135 -3 - Meridian City Council Meeting Agenda 114WR, —Paw1'6modfWa4 By action of the City Council at its regular meeting held on the 12th day of May 2020. COUNCIL PRESIDENT TREG BERNT VOTED AYE COUNCIL VICE PRESIDENT BRAD HOAGLUN VOTED COUNCIL MEMBER JESSICA PERREAULT VOTED AYE COUNCIL MEMBER LUKE CAVENER VOTED ------ COUNCIL MEMBER JOE BORTON VOTED AYE COUNCIL MEMBER LIZ STRADER VOTED AYE MAYOR ROBERT SIMISON VOTED ------ (TIE BREAKER) Mayor Robert E. Simison Attest: Chris Johnson City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. By: Dated: 5-12-2020 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR ALLMON SUBDIVISION—AZ,PP H-2019-0135 -4- Meridian City Council Meeting Agenda 111aW R, D—PdWe11500dfWffi3 EXHIBIT A STAFF REPORT E IDIAN --- COMMUNITY DEVELOPMENT DEPARTMENT a H o HEARING 5/5/2020 Legend DATE: _e�- Loc a=ur TO: Mayor&City Council Pr+� FROM: Sonya Allen,Associate Planner -- 208-884-5533 Bruce Freckleton,Development Services Manager 208-887-2211 SUBJECT: H-2019-0135 Allmon Subdivision a LOCATION: 5885 & 5875 N. Locust Grove Rd. (Parcel#S0530142200 &#S0530142050;m NE 1/4 of Section 30,TAN.,RAE.) Update: City Council heard this project on March 24"'.At that meeting, Council approved the project consistent with the Commission's recommendation for the buildable lots to be reduced by five (5) to no more than 45 buildable lots, and to have no more than six (6) lots off the cul-de-sac at the east end of the development. They also requested that construction traffic use the existing curb cut via Locust Grove Rd. for as long as possible to keep construction traffic off existing streets in adjacent subdivisions. The Applicant was not in agreement with revising the plat per the Council's decision and requests Council consideration of a revised plat that depicts the following changes: 1) a reduction in buildable lots from 50 to 33 resulting in larger buildable lots and a reduction in gross density from 5.08 to 3.38 residential units per acre; 2) removal of the perimeter common area and loop pathway along the north & south boundaries resulting in a decrease in qualified open space from 1.62 acres (16.6%) to 1.01 (10.3%); change in amenities from a pathway and community garden to children's play equipment; and change from single-level patio homes to 1-and 2-story typical detached homes. The project was re- noticed at the direction of the City Attorney and the staff report has been updated consistent with the proposed revised plat. I. PROJECT DESCRIPTION Annexation of 10.03 acres of land with an R-8 zoning district; and preliminary plat consisting of-0 33 building lots and-7 4 common lots on 9.�475 acres of land in the R-8 zoning district. — Page 1 Meridian City Council Meeting Agenda Kass eV,2=—RdWe1'glBoffWR4 II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 9.94-75 Existing/Proposed Zoning RUT in Ada County(existing)/R-8(proposed) Future Land Use Designation Medium Density Residential(MDR)(3-8 units/acre) Existing Land Use(s) Single family residential(SFR)rural/agricultural Proposed Land Use(s) SFR Lots(#and type;bldg./common) 5033 SFR buildable lots/-74 common lots Phasing Plan(#of phases) 1 phase Number of Residential Units(type 5033 detached SFR homes of units) Density(gross&net) 5-."3.38 units/acre(gross);6444_6 units/acre(net) Open Space(acres,total 4-.6-2 1.01 acres(or 4-" 10.3%) [%]/buffer/qualified) Amenities Pathway, it y garden tot lot with children's play equipment Physical Features(waterways, NA hazards,flood plain,hillside) Neighborhood meeting date;#of 10/21/19;28 attendees attendees: History(previous approvals) None B. Community Metrics Description Details Page Ada County Highway District • Staff report(yes/no) Yes(draft) • Requires ACHD Commission No Action(yes/no) Access(Arterial/Collectors/State Access proposed via existing local stub streets from the Hwy/Local)(Existing and Proposed) north and south Traffic Level of Service N.Locust Grove Rd. -"F"(currently exceeds ACHD's acceptable level of service during PM peak hour) Stub Street/Interconnectivity/Cross Stub streets are proposed to be extended from the north and Access south;no access is proposed via N.Locust Grove Rd. Existing Road Network Local public streets Existing Arterial Sidewalks/ Existing detached sidewalk;no buffer Buffers Proposed Road Improvements Dedicate ROW to total 37' from centerline of Locust Grove&widen Locust Grove to a minimum of 17' from centerline+a 3'wide gravel shoulder. The Locust Grove&Chinden intersection is planned to be widened on the north&south legs in conjunction with the ITD project in 2020;Locust Grove is planned to be widened to 3-lanes from McMillan to Chinden between 2031-2035. Fire Service • Distance to Fire Station 1.6 miles • Fire Response Time 3:00 minutes(under ideal conditions from nearest station- Fire Station#3—can meet response time goals • Resource Reliability 82%-does meet the targeted goal of 80%or greater Page 2 Meridian City Council Meeting Agenda Wla�eV,2=—RRUETl adf—P& Description Details Page • Risk Identification 1 —current resources would be adequate to supply service • Accessibility Project meets all required access,road widths and turnaround. • Special/resource needs Project will not require an aerial device;can meet this need in the required timeframe if a truck company is required. • Water Supply Requires 1,000 gallons per minute for one hour,may be less if buildings are fully sprinklered. • Other Resources Police Service No comments submitted Wastewater • Distance to Sewer Services Directly adjacent • Sewer Shed North Slough Trunk Shed • Estimated Project Sewer -5933 SFR buildings ERU's • WRRF Declining Balance 13.82 • Project Consistent with WW •Sanitary sewer service connections need to be a minimum Master Plan/Facility Plan of 5'from each other.There are at least two locations where this requirement is not met. •No sewer mainlines in common drives,only sewer services(reminder that a maximum of three services are allowed into a manhole,with a minimum 30-degrees of angle separation). Water • Distance to Water Services Directly adjacent • Pressure Zone 2 • Estimated Project Water -5933 SFR building;74other lots ERU's • Water Quality None • Project Consistent with Water Yes Master Plan • Impacts/Concerns Terminate the water main at the cul-de-sac in E.Azan Street with a fire hydrant.Water services only in the common drives,not water mains. Page 3 Meridian City Council Meeting Agenda Wlzs eV,2=—FFhRVE11WadfWffi3 1 1 1 MMUTOM ra Era in son c H 1 ra D E ra uuu11 _�_:�=-,u1■u1�u�.. --'IYYYe1i: ■■. i-' r _ - ! ■ ■■ � � ', -milli i i i r ■■J� 11111111 1111IIIIIIIIi� If■■■ f 1 -. w Ilea■ 2 ■N■u pu 1��11111■1 1■ !� -� ` _uuu_� uuu___■ ■r. .—.. 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IIIIII ■■ 1■'a IIII III I i 1■■x1■ - ■IIII ■I■III x T4111 ■ u■ ■u■■ - Ira■Z..:C.. ■e ■u■I IpI�Yuuu ■■11■ ■■I■ I ■ : I : III■ . 1■1■1 ■111 .■ ■. •■■ii�■ .■ ■2� Y 1L a ■ 1 1 , ■ , � II • • • �•- •. 1 i: - 0' lbilbl '.:u:• c'i:of ' S� B. Owner: TBC Land Holding—PO Box 140298,Boise,ID 83714 C. Representative: Dean Waite,Todd Campbell Construction, Inc—PO Box 140298,Boise, ID 83714 IV. NOTICING Planning& Zoning City Council Posting Date Posting Date Notification published in 1/31/2020 3/6/2020&4/17/2020 newspaper Notification mailed to property owners within 300 feet 1/28/2020 3/3/2020&4/14/2020 Applicant posted public hearing notice on site 2/4/2020 3/13/2020 &4/16/2020 Nextdoor posting 1/28/2020 3/3/2020&4/14/2020 V. COMPREHENSIVE PLAN ANALYSIS(Comprehensive Plan) (Note: This project was submitted prior to the new Comprehensive Plan being adopted; therefore, this project is being evaluated under the previous Plan) The Future Land Use Map(FLUM)contained in the Comprehensive Plan designates this property as Medium Density Residential(MDR). The purpose of the MDR designation is to allow small 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 following Comprehensive Plan Policies are applicable to this development: • "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 detached homes will contributed to the variety of residential categories in the City;Staff is unaware how "affordable"the units will be. • "Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City."(3.01.01F) City services are available and will be extended by the developer to the proposed lots upon development of the site in accord with UDC 11-3A-21. • "Protect existing residential properties from incompatible land use development on adjacent parcels." (3.06.0117) The abutting uses are also single-family residential which are compatible with the proposed development. • "Require common area in all subdivisions."(3.07.02F) The proposed plat depicts a total of 4-.Q1.01 acres (or 4-6410.3%) of qualified open space, which slily exceeds the minimum standards listed in UDC 11-3G-3-by 6 607 . • "Require all new development to create a site design compatible with surrounding uses Page 5 Meridian City Council Meeting Agenda Kass eV,2=—RRUE1150adfWi4 through buffering, screening,transitional densities, and other best site design practices." (3.07.01A) The propesed site design provides an aVerage tfflnsitiem ef2.-4 (2 propesed lots to evefy The proposed site design provides similar lot sizes and densities as abutting residential developments to the north, south and west. • "Review new development for appropriate opportunities to connect local roads and collectors to adjacent properties (stub streets). (3.03.020) The proposed plat depicts the extension of existing local stub streets at the north and south boundaries of the site. Staff believes the proposed development plan is consistent with the vision of the Comprehensive Plan in regard to land use, density and transportation. VI. UNIFIED DEVELOPMENT CODE ANALYSIS( .Lo A. Annexation& Zoning: The proposed annexation of two(2)parcels and Locust Grove right-of-way consisting of 10.03 acres of land with R-8 zoning for the development of single-family homes is consistent with the Medium Density Residential(MDR)Future Land Use Map(FLUM)designation. The annexation area is an enclave surrounded by properties that have been previously annexed into the City and is within the Area of City Impact Boundary(AOCI). A legal description for the annexation area is included in Section VIII.A. The City may require a development agreement(DA)in conjunction with an annexation pursuant to Idaho Code section 67-6511A. In order to ensure the site develops as proposed with this application, staff recommends a DA as a provision of annexation with the provisions included in Section VIII. The DA is required to be signed by the property owner(s)/developer and returned to the City within 6 months of the Council granting the annexation for approval by City Council and subsequent recordation. B. Preliminary Plat: The proposed plat consists of 5033 single-family residential buildable lots and-7 4 common lots on 9.91 acres of land in the proposed R-8 zoning district. The minimum lot size proposed is 44, 64- 7,525 square feet(s.£)with an average lot size of 4,69-2 9,474 s.f.; the gross density is 549 3.33 units/acre with a net density of 644 4.6 units/acre. The subdivision is proposed to develop in one phase. The demegr-aphie of the proposed d&velopment is anlieipa4ed to be r-efir-ees looking to do fFem larger-homes; the HemeeNN%er-'s Asseeiat4efi(140A)will maintain the!andseapiag for-eaeh of the homes within the subdivision. Existing Structures/Site Improvements: There are two(2)existing homes and accessory structures on the site that are proposed to be removed with development. All existing structures should be removed prior to signature on the final plat by the City Engineer. Page 6 Meridian City Council Meeting Agenda Wlzs eV,2=—RRUE11EHoff-P& Proposed Use Analysis: Single-family detached dwellings are listed as a principal permitted use in the R-8 zoning district in UDC Table 11-2A-2. Dimensional Standards (UDC 11-2): R-8 district: (UDC Table 11-2A-6) The property sizes and street frontages of the proposed single-family lots and width of street buffers comply with the aforementioned minimum dimensional standards; future development should comply with the minimum building setbacks and maximum building height standards of the R-8 district. All of the proposed lots meets the minimum size and street frontage exeept fOF hot 20,Bloek 2,which should have a minimum street frontage of 30 fe Subdivision Design and Improvement Standards (UDC 11-6C-3) Development of the subdivision is required to comply with the subdivision design and improvement standards listed in UDC 11-6C-3, including but not limited to streets, common driveways and block face. There wee is one(31) common driveways proposed; such driveways should be constructed in accord with the standards listed in UDC 11-6C-3D. An exhibit should be submitted with the final plat application that depicts the setbacks,fencing,building envelope,and orientation of the lots and structures accessed via the common driveway; if a property abuts a common driveway but has the required minimum street frontage and is taking access via the public street,the driveway should be depicted on the opposite side of the shared property line from the common driveway. Access(UDC 11-3A-3) Access is proposed via the extension of existing stub streets from the north(N. Starry Night Ave.) and south(E. Yucca Canyon St.)boundaries of the site; direct access via N. Locust Grove Rd. is not proposed or approved. Because all of the surrounding properties are developed and the Applicant is extending all existing stub streets,no other stub streets are necessary to be provided. A note should be placed on the face of the final plat prohibiting direct lot access to N. Locust Grove Rd. Parking(UDC 11-3C): Off-street parking is required to be provided in accord with the standards listed in UDC Table 1I- 3C-6 for single-family detached dwellings based on the number of bedrooms per unit. Future development should comply with these standards. A revised parking plan was submitted that depicts the number of available on-street parking spaces; a total of 3-7 50 spaces are available after driveways are removed from the equation(see VIII.E). Pathways(UDC 11-3A-8): No multi-use pathways are designation on the Pathways Master Plan for this site;however,the Park's Dept. requested a 10-foot wide pathway be provided within the street buffer along N. Locust Grove Rd. within a 14-foot wide public pedestrian easement. A 5 feat wide"Wep"pathway is pr-apesed as an amenity within the lineaf eemmEffl afeas akffig the aeAh a-ad setAh betmdar-ies of the site with pathway eenneetions a4 the ends and M di h-l-A-0-4 Wher-e pathways loop through eommon driveways, Staff r-eeommends signage is pir-o3l.4;dZe�_to notify pedestrians that the eommon driveways sefve a dual purpose (i.e. dr-iveway�pathway) and are part of the pathway loop. Page 7 Meridian City Council Meeting Agenda Kass eV,2=—FFhRVE11MoffWffi3 Sidewalks(UDC 11-3A-1 : Detached sidewalks are proposed along internal local streets and within the buffer adjacent to N. Locust Grove Rd. in accord with the standards listed in UDC 11-3A-17. The existing detached sidewalk along Locust Grove is proposed to be replaced with a detached 10' wide multi-use pathway; a landscape strip should be provided between the curb and sidewalk/pathway. Parkways (UDC 11-3A-1 : Eight-foot wide parkways are proposed adjacent to all local streets and are required to be constructed in accord with the standards listed in UDC 11-3A-17. Landscaping(UDC 11-3B): A 25-foot wide street buffer is required adjacent to N. Locust Grove Rd., an arterial street, landscaped per the standards listed in UDC 11-3B-7C; a 35-foot wide buffer is proposed. A 3533- foot wide common lot is depicted on the plat; the property line and future curb location should be added to the landscape plan.The required number-of trees per-UDC standards should also be added to the plan. Parkways are required to be landscaped in accord with the standards listed in UDC 11-3B-7C. The total lineal feet of parkways and required number of trees based should be included in the Landscape Calculations Table on the final plat landscape plan to demonstrate compliance with UDC standards. Landscaping is required along all pathways in accord with the standards listed in UDC 11-3B- 12C. The total liaeal feet of pathways with the Feq*ifed and proposed Fmmber-of trees should be eamplianee with UDG standards. Common open space is required to be landscaped in accord with the standards listed in UDC 11- 3G-3E. The total square footage of common open space should be included in the Landscape Calculations/Requirements Table to demonstrate compliance with UDC standards. There is a large number of existing trees on this site that are proposed to be removed as depicted on the landscape plan(see sheets 3 & 4).Mitigation is required for all existing trees 4-inch caliper or greater that are removed from the site with equal replacement of the total calipers lost on site up to an amount of 100% replacement as set forth in UDC 11-313-1OC.5. The Existing Trees table on the landscape plan depicts a total of 638 caliper inches being removed from the site. The Applicant should contact the Matt Perkins,the City Arborist,to perform an inspection of all existing trees on the site to determine mitigation requirements. Qualified Open Space(UDC 11-3 : A minimum of 10% qualified open space meeting the standards listed in UDC 11-3G-3B is required. Based on the area of the proposed plat(9.4�75 acres), a minimum of 0-.93 0.98 of an acre of common open space should be provided. The Applicant proposes 4-.62- 1.01 acres(or 46-.610.3%) of qualified open space consisting of proposed two(2) large common areas over 50' x 100' in size (Lots 1 and 16,Block band half of the street buffer along the arterial street(N. Locust Grove Rd.) in accord with UDC standards. Qualified Site Amenities (UDC 11-3 Based on the area of the proposed plat(9.9-175 acres),a minimum of one(1)qualified site amenity is required to be provided per the standards listed in UDC 11-3G-3C. A eemmtmity vegetable gar-den with six(6) 9' x 12' planter-boxes,pedestrian pathways/gar-den&, a rose gar-den with a stone sit4ing beneh and a ineditation gar-den wA a bubbling FE)6k afid a st Page 8 Meridian City Council Meeting Agenda Kass eV,2=—FFhRVE17DadfWffi3 sitting beneh ar-o A tot lot with play equipment is proposed as an amenitie-sy in exeess of the mini in accord with UDC standards(see detail in Section VIILD). Storm Drainage: This development anticipates using subsurface storm water disposal of storm water generated from the local road system and lands tributary system per plat note#10. Waterways(UDC 11-3A-V: None Fencing(UDC 11-3A-�: All fencing is required to comply with the standards listed in UDC 11-3A-7. Fencing is proposed as shown on the landscape plan. The existing fencing along the north, south and west sides of the development is proposed to remain. Five foot tall wrought ir-on feneing is proposed at the rear of lots along the north a sou4h boundaries of the s4division. Fencing should be depicted abutting pathways and common open space lots to distinguish common from private areas per UDC 11-3A-7A.7a where none is currently depicted in accord with the standards listed in UDC 11-3A-7A.The type of fencing proposed at the back edge of the street buffer along Locust Grove Rd. should be called out on the plan. Building Elevations(UDC 11-3A-19 I Architectural Standards Manual): The Applicant submitted sample renderings of the types of homes planned to be constructed in this development which are included in Section VIII.F. Homes depicted appear to be a single stot=y in height are a mix of single level and 2-story structures with a variety and mix of finish materials with stoneibrick veneer accents; some its may ha-ve a seeend level b n„s r M bt '* To mitigate the laek of tFansition in lot sizes ff om adjaeent developments at the peFimeter- development are limited to 25 feet in height to essentialty r-estr-iet homes to a single story with a bonus room built into the r-oof str-uetur-e with no windows f-keing the rear-yar-d. VII. DECISION A. Staff: Staff recommends approval of the requested annexation and zoning with the requirement of a Development Agreement and approval of the requested preliminary plat with the conditions noted in Section IX.A per the Findings in Section X. B. The Meridian Planning&Zoniniz Commission heard these items on February 20, 2020. At the public hearing,the Commission moved to recommend approval of the subject AZ and PP requests. 1. Summary of Commission public hearing_ a. In favor: Dean Waite, Todd Campbell Construction b. In opposition: Renee Hanson; Judy Calle; Jerry Munzer C. Commenting: Tyler Rountree; Ron Nead; Valerie McElrath; Matthew Storch d. Written testimony: Jim&Phyllis Lemieux, Renee (no last name),David&Ann Henchman, Dean&Renee Hanson, and Jim&Cathy Sears. e. Staff presenting application: Bill Parsons f. Other Staff commenting on application:None 2. Key issue(s) testimony Page 9 Meridian City Council Meeting Agenda Wlzs eV,2=—RRVE11F14off—P& a. Concerns pertaining to traffic impact on adjacent neighborhoods& safety of neighborhood children with more traffic, b. Preference for a direct access for the subdivision via Locust Grove Rd. instead of sending traffic though adjacent existing neighborhoods; C. Concern there may be a delay in emergency response without a direct access via Locust Grove Rd., d. Preference for this area to be open space or a community park; e. Opinion that zoning should be R-4, instead of R-8, and that density/lot sizes should match that in surrounding developments; f. Concern pertaining to difference in elevation of the subject propelu compared to that of abuttingdevelopments evelopments in relation to the perimeter walking path and if there will be a retaining wall or something to stabilize existing fences. 3. Key issue(s)of discussion by Commission: a. Concern pertaining to on-street parking availability and trash service(where to put the carts) for homes at the end of the cul-de-sac on the east end of the subdivision; b. The public's request for a direct access to Locust Grove Rd.; c. Transition in lot sizes/density from adjacent developments to this site and impact of R-4 zoning instead of R-8 on the proposed development plan=preference for R-4 zoning/development; d. Opinion that the single-level patio homes will cater to an older population with fewer children which will have a lesser impact on traffic than a typical development; e. Concern pertaining to traffic in this area and level of service' 'on Locust Grove Rd.; f. In favor of the quality of development proposed and the common areas with pathways proposed to buffer and transition from adjacent lots. 4. Commission change(s)to Staff recommendation: a. Include a condition to reduce the number of buildable lots by 5 to no more than 45 lots and to have no more than 6 lots off the cul-de-sac on the eastern portion of the subdivision(see Section IX.A.2c). 5. Outstanding issue(s) for City Council: a. The Applicant did not make the changes to the plat requested by the Commission as they feel the concessions they've made already,more than justify the transition from larger lot sizes to those proposed. Concessions include the following: landscape buffers along north and south boundaries; far exceeding the minimum qualified open space and site amenity standards; and limitation of the height of homes to 25' (i.e. sin lg e-story). C. The Meridian Citv Council heard these items on March 24,2020.At the public hearing.the Council moved to approve the subject AZ and PP requests. 1. Summary of the City Council public hearing a. In favor: Dean Waite, Todd Campbell Construction; Steve Rutherford b. In opposition: None C. Commenting: Tyler Rountree; Joyce Little d. Written testimony: Brandon Morse, Carl Patten,Judy Calle.Joe&Lea Saccoman, Traci Servatius.Albert&Marilyn Castagnola.John&Pam Marsh,Ryan Moore, Craig Telford,Paul Silva.Rodney&MJ Bates e. Staff presenting application: Sonya Allen f Other Staff commenting on application:None 2. Key issue(s)of public testimony: a. Several residents of The Reserve Subdivision submitted letters in support of the proposed development; Page 10 Meridian City Council Meeting Agenda C1AaWV,2M—FFhRpE17ZoffWffi3 b. Concerns pertaining to traffic impact on their neighborhoods resulting from traffic from this development without an access via Locust Grove; opinion Meridian needs to deal with its existing infrastructure&taxation before approving any more developments which result in overcrowded schools,roads and wastewater systems; and preference for R-4 instead of R-8 zoning to reduce the number of lots and subsequent traffic. c. In support of proposed development but concerned about traffic impact on adjacent developments and request for construction traffic to use existing curb cut from Locust Grove Rd.; d. In support of Proposed development but would prefer R-4 zoning and a reduction in the number of building lots as recommended by the Commission; and e. Concern pertaining to not enough on-street parking available within the development with the smaller lots proposed. 3. Key issue(s)of discussion by City Council: a. Concern pertaining to adequacy of the area for trash carts for homes at the east end of the cul-de-sac on trash pick-ua day: b. The Commission's recommendation for a reduction in the number of buildable lots to no more than 45 with no more than 6 lots off the cul-de-sac at the east end of the development and the Applicant's response to not reduce the number of buildable lots as requested. C. Sup_portive of resident's request for construction traffic to access the site via the existing curb cut from Locust Grove Rd. 4. City Council change(s)to Commission recommendation: a. City Council upheld the Commission's recommendation for the number of buildable lots to be reduced by 5 to no more than 45 buildable lots and to have no more than 6 lots accessed off the cul-de-sac at the east end of the site; and b. City Council included a requirement for construction traffic to access the site via the existing curb cut from N. Locust Grove Rd. for as long as possible. The Meridian City Council heard these items again on May 5,2020.At the public hearing.the Council moved to approve the subject AZ and PP requests. 1. Summary of the City Council public hearing: a. In favor: Dean Waite,Applicant's Representative b. In opposition:None C. Commenting:Tyler Rountree d. Written testimony: David Henchman e. Staff presenting application: Sonya Allen f. Other Staff commenting on application: None 2. Key issue(s)of public testimony: a. Mr. Henchman requested a direct access be provided via N. Locust Grove Rd. so that traffic isn't going through adjacent neighborhoods; b. Mr. Rountree requested the height of homes at the west end of the development. specifically on Lots 14 and 15.Block 2 be restricted to a single-story in height. 3. Key issue(s)of discussion by City Council: a. The restriction on the height of homes at the west end of the development as requested by Mr. Rountree; b. The provision of a pathway connection to the sidewalk along N. Locust Grove Rd. 4. City Council change(s)to Commission recommendation: a. Council added a DA provision restrictin the of homes on Lots 14 and 15.Block 2 to 25 feet in height(see DA provision IX.A.1 cl; and Page 11 Meridian City Council Meeting Agenda C1AaWV,2M—FFhRpE1T/MadfWff1 b. Council added a requirement for an internal pathway connection to be provided to the sidewalk along N. Locust Grove Rd. (see condition#A.3k in Section IX). Page 12 Meridian City Council Meeting Agenda C1AaWV,2M—FFhRpE1TRadfWffi3 VIII. EXHIBITS A. Annexation Legal Description &Exhibit Map S & A Engineers, Inc. Consulting Engineers & Land Surveyors 3505 West Franklin Rd- Boise, I13 83705 Telephone 208.343.3381 Facsimile 208.342.5792 Allman Subdivision Annexation Description November 19,2019 A portion of, the southeast quarter of the northeast quarter of Section 30, Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the North Quarter Corner of said Section 30; thence N89°47'00"E, 2,634.00 feet along the North line of Section 30 to the Northeast Quarter Corner; thence 500013'57"W, 1,660.54 feet along the easterly boundary of said Section 30 and the centerline of N.Locust Grove Road to the Point of Beginning. Thence continuing 500113'57"W,332.06 feet along the easterly boundary of said Section 30 and the centerline of N.Locust Grove Read Thence S89°43'08"W,25.00 feet to the westerly right-of-way of N.Locust Grave (goad; Thence S89°43'08"W, 1,287.88 feet along the northerly boundary of Madelynn Estates Subdivision to the southeast corner of Arcadia Subdivisions; Thence NOD°10'34'E,333.46 feet along the easterly boundary of Arcadia Subdivision to the southwest corner of Reserve Subdivision No.2; Thence N69046'49"E, 1,288.20 feet along the southerly boundaries of Reserve Subdivision No.2 and The Reserve Subdivision to the westerly right-of-way of N. Locust Grove Road; Thence N89046'49"E,25,00 feet to the easterly boundary of said Section 30 and the centerline of N. Locust Grave Road and the Point of Beginning. Comprising 10.03 acres,more or less. RED r � 411 . V Page 13 Meridian City Council Meeting Agenda C1AawV,2M—FPdRvE1T/RadfWff1 Allmon Subdivision Annexation Map ,s 21 2634.00' 34 29 mom � SCALE: 1•=�� HW46'491 131120 1 0 2s.00• 9.64 ACRES o � 25-W x 49 1 1 v Sigi �� I � R8 Annexation Map For. Alhnon Subdivision 411 a BEING SffUATE IN THE SOUMEST QUER Of THE eigRTlfWM r ' r 't QUAKER OF SECTW 30, TOWSHIF 4 NORTH, WE 1 EAST, s B&A Enginem,Luc. A- 4 1� � ; Boa VERIDAN, Crrr Of MEMDWI. _ seo M.O.W.�r�.. ePy U, CAS` 21 N04EWBElt 2019 Page 14 Meridian City Council Meeting Agenda lkff eU,1 —PdWWDGdfT& B. Preliminary Plat(date: 1/fin 3"'�M 4/30/2020) RA 1 .11 -T a ell 9 • en w= -- vrwar,w.ovrc .m xi�e case wra .ten aw w'rww.«w M+wm� Y� Y Y - .10 .• mmx�xr rs-Ao ac w,@w,. a, d �..w...re..�a<us - � .�ri m .€ R nss wE mmnr `^' w Ow A .. Page 15 Meridian City Council Meeting Agenda lkff eU,1 —WdW1f;G0nffTW C. Landscape Plan (date: '1/21/2019 3404024 0402n 4/7/2020) 54EET 5 ----------—------ I .,, e.... z o -�.I,.,,�7 0 4 i' i i III �L 7 d ® O © Q E � `I O } 1 i b 1 °' ® I 9 J O i Q O O Q w00 � 4 ------------------------------- ----------- Z ZWA _ a. 0 o 3'i9. _ WOOD FE W(]OD56APES F FLAT FLAGSTONE GRAT MBIS-T54 (SW3O23) i-- 5HJ-LT 7 sm,w^^ i J L z it Il I pe, ^yl r' IN I Al AI I II I ! ! ! L_a J e ! LU a 2 V-5m/ ------- ------------------ Z® w C, --- - - WOODSGAPESFLAT e o _- FLAGSTONE GRAY•61ST'SM1 (5W3O29J - SEP LANDSCAPE PLAN Page 16 Meridian City Council Meeting Agenda C1AaWV,2M—RdIRW�1T,f1ciffWR4 T N z z ------ ' 0 a o a o ® a a �I I i i i i 1 i i i I i I ']C a m 'I 'i I i„`� I, �Ii Ln O 0 0 O C6 :u © 4- J LU `. ' CO O m L-------------------------------------------------------------L Q O E rSTNG TREES V LANDSCAPE CALCUALATICNS TABLE �� Warns - O i} f15GRPE REgl16iHNIIJiS Q — _ L4N�SCAPE LEGEND ® EXISTING TREE AND REMEDIATION PLAN w4C., ...7. 3 r _ I N z .uwa.❑SCAPE RLEQIREMEhRSw� 10~9 8��� I O 4 X X X X17 ® }� XIs XX1zX n ICI' I .1L TeX 5 ��{t Illi� 7C LO mi LJ uNoscAPE LEr�o I ' �' I ff i u wamna�T.as.oseAsxs,® I �� _ .7�8j i �I .. I ww---- —__---_—_— I v+ 81 d S SETBACKrZONING TABLE LAND USE GANCULATIONS EXI5TING TREE AND REMEDIATION PLAN 4 Page 17 Meridian City Council Meeting Agenda Wlzs eV,2=—F 1f8P�f�ffi1 r-----------------------------------------------------------------,�...�.,� I Reserve Subbdivision _ I I I © 4 I j 'I, I I ---•• - - J — — — ------- — --.� 11 1a �J 14 UJ R m z 15 O I Q I � I I 16 '.;� � j O I TO AZMAIN ONE Q I NO H 4V EAST , •, •'� I I ANn eAsr SIT 2 3 I I I Subil1v'si°u gubd1"isi� j ,Me}`fTA� M�d6} LANDSCAPE PLAN SHEET I L J �.ut��7 Ib r----------------------------------------------------------i EXISTING FENCE To RrMAIN aN YISiOn - I _ANOReas5Oives Reseve Subdi -- e --- — I - Z I - - Z I' j f I 1,• Q _ _ Q m Ln I I p' g}cXY2 I I I I.. z l LU I East Azar Street Z 9 I '' I < N Li i O 9 I I j I I I I I I I I I EXISTING FENCE TO fiEMAIN ON I NarxrN.Sc�rN, I I AND EAST SIDES I LANDSCAPE PLAN SHEET 2 I x.tt•Vsd••I�.a• 6 Page 18 Meridian City Council Meeting Agenda Wlzs eV,2M—FFhRpE11f38adfWffi3 Ir ExIETIN6 EENGE YISi011 REMAIN ON N RESC[yC SLLI I NORTH,SaVTN, AND EAST 51DE5 I 7 EwsnNc } I a m I nuaDlNc � • j I I � • 'I I�I� �I�I� - i 19 18 old a I I _ :•�csS?:•.• 1psY4�1 Fri'� I — vI ,I a •I I 3 —j LU •I A I •. Cyi in I m Z • ° �I O s al o I pl \ EXISTIN� I, 1BJUING� I I. I C I I u 1l (2) i y I r15 j r WILDING I I I ZTNORTH,AIWUTR waelYTIP SUWstph AND RCAST'I5NC.1NVoGLNE 5 � � 4AND5GAPE PLAN SHEET 3 V... waft rsa•io• '••• I nE[weXe 0 O m ,47—;-_. su�vmn FErvcE OErsaL -�, � `'_. "",«"••'°. :, _ W in 0 � z DOa C) c C) C'6�CwTe �S"d4l� iC .d,oaa� wd� 5 EQdING bETNL. �y®m euu•`�� I �xrtov �t� �u..�v "�dn `°.Mubb:J:°^�.F'�'um�n x'°re.` I—®... •.�e�m� ppy :.av� ' TREE PIANlINf39ELAll mn��' • eL IXINIFEX TREE PLANTINOANQ BT�gNd QLRAIL /;SXFIA PI/JRING bETAIL ��\BWLbEfi PLACEMENT pETP1L Page 19 Meridian City Council Meeting Agenda Wlzs eV,2=—F"hRUE111i4alff—P& D. Qualified Open Space Exhibit&Detail of Site Amenity Allmon Subdivision Revised Open Space Plan I I 589'4549'W 1,2$6,18' I I III ' ® C ] © a M N89'43'08'E 1,267,84' I I 1 I„ I I� I BLOCK-LOT If COMMON LOT AREA SF COMMON DRIVE AREA 5F OIINJFIING LANOSGARE AREA SF NON-WAIJF"P;;_iAOSC.APE AREA SF 1-1 11.117 SF N/A 11,117 SF 0 1-16 26.020 SF N/A 20,534 SF 5485 SF 1-D ,491 SF N/A 0 . EF I-LANDSCAPE STRIP 8.099 SF N/A U99 SF 0 I-ORN 2 -DRIVEWAYS' ,525 SF 2 NJA 0 ,52652fi SF 2-1 1,491 SF N/A O 1,491 SF 2-12 3.023 5F .3,02J SF N/A N/A NORTH 2-LANDSCAPE STRIP 4,161 SF N/A 4,151 SF O 0 100 200 2-ORNEWA1 I,7g2 5F NJA 0 1.752 5F SIIRTGTAL 59.OK SF 3,023 SF 43,911 IF 12,756 SF HORIZONTAL WALL$'=IDO' PERCENTAGE t4.0% 0.7% 10.3X 1.0% SHONE OPoVEVIAYS AND COItl1ON DRIVE WE BEEN DELFETI FRON THE TOTAL SUBOMSN)N AREA 424,022 SF LkNOSCAPE STRIP FROM BCHi7F-OBRB TO PROPERTY LINE Age Flange: 5-12 years Child Capacity: 28-32 Fall Height: 84" Past [diameter: 3.5-Inch Product Type: Quick Strip . SafetyZone: 31' 11"x 201 511 Page 20 Meridian City Council Meeting Agenda Wlzs eV,2=—FFhRUE1190a1fWffi3 E. On-street Parking Plan REVISED Dau oEmaPlar N?B ErcrEsl E99E7rnIR Allmon Subdivision "RIM ON 1= Parking Plan REWNM LM 74 717% LAN IHi OPEN VICE Min Iil13 473 7-62 C91017N CM CCM M LOR 41® Im NO-W4DWA1 EH Ntt}dl-qf-IOW 4.13 126L 50%WIF-IP.571P NSINI 1QQJ5I VWX 913 Ij% -]Y7e'I1M.tYFY 2 UlQYXt>'BMIP TQTu OPEM SMtt YWFN 4Fi1 ]dlS RESUENTw 1� S! CRk SRNE AILM / 0 I I f O 'C• e Q O (D Q CD eJ 0 C) 0 L� 0 E ,. — b - -- — — _ ^—icy^'". ,'lalr` L�f : 0 a r o o 0 o 0 a 0 a NB9'SWE 1.312.&E' — �51�L7 vwgic I Wa STJ Iw.) ...�, I R. 33 Nwa m om d aix 2P` L!2 2.d674 Lli' x _��A11Ywn Caerefe YxgA Cd' � OW" �a1M".OL L• 1 -8 If7'd alp•wN .,xplr..nioi.Iemw nwwp�7w 5.M ha•-tY d BIM—-5 N mlt+s4 xI1 ISP.w.G �. ISpat. w15a•.Wfi.a Ro 7no eta r Kp1 r. air R•I xr I.srMC r -.z•e ads x [xe �.,®.•da.tee. um+en m7. t,.pµ,,.,.w.�n-»v sc-m2 omnul r�"" "'1pQ O Typical Strl. l Cross-Section 1 REFS;uMo SLY4INiC5 ryR III, woAa CAE'11MRitliil 5M=5@-701-k NN M TILE Page 21 Meridian City Council Meeting Agenda C1AaWV,2M—RRW�11KBoffWR4 F. Conceptual Building Elevations REVISED l -M f^ i4 El - II - - AM 410 Page 22 Meridian City Council Meeting Agenda lkff eU,1 —WdWfWGdfTW IX. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION 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 preliminary plat, landscape plan and conceptual building elevations included in Section VII and the provisions contained herein. b. All homes eenstmeted in this development shall be limited to 25 feet in height to aeeenunedate a single stot-f with a bonus feem built into the Feef stmetuft-, if desir-ed,with no windows ffem the bonus feem 4teiag the r-eaf yards. c. Single-family homes on Lots 14 and 15,Block 2 shall be restricted to 25 feet in height. 2. The preliminary plat included in Section VIILA.2, dated W/649 4/30/2020, as follows r r to submittal* of the final plat a plieat is approved as submitted. e. Reduee the number-efbttildable lots bv 5 to tie mar-e than 45 buildable lots and depietfi Submit a mWsedplan (and eleetmnie eojPj9 to Me PMnning Dh,hyion at least jO days pWor- 3. The landscape plan included in Section VIII.A.3, dated "/2 4° 3/'04020 4/7/2020, shall be revised as follows prior to submittal of the final plat application: a. The Landscape Calculations/Requirements table shall include the following: 1)the total linear feet of parkways and the required number of residential subdivision trees per UDC 11-313-7C; 2)the=e"ir-ed number of trees along Leeust&eve Rd. per UPC 11 3B the total square footage of common open space and required number of trees per UDC 11-3G-3E; and the total lineal feet of pathways and required and proposed number of trees per UDC 11-3B-12C. b.Add trees-alongpa�hways (between Lets 11 and ' Lot t , along� aa-� semn3en c. Change proposed fencing symbol to more clearly reflect the type of fencing proposed (i.e. a different symbol for each type of fencing); all fencing shall comply with the standards listed in UDC 11-3A-7. d. Include the grass symbol in all landscape areas or vegetative groundcover as set forth in UDC 11-3B-5N(i.e.parkways, landscape strip between curb and pathway along Locust Grove Rd., etc.). Page 23 Meridian City Council Meeting Agenda Wlzs eV,2=—FFhRVE119MadfWffi3 e. Depict the eastern property boundary of the subdivision and the future curb location along N. Locust Grove Rd. and a landscape strip between the curb and detached pathway/sidewalk. £ Correct the"existing fence to remain on north, south and east west sides"note. g. Depict fencing abutting pathways and common open space lots to distinguish common from private areas per UDC 11-3A-7A.7a where none is depicted in accord with the standards listed in UDC 11-3A-7A. h. Remove the & line-errLots 30 and 3 1, i. Mitigation is required for all existing trees 4-inch caliper or greater that are removed from the site with equal replacement of the total calipers lost on site up to an amount of 100% replacement as set forth in UDC 11-3B-1OC.5. The Existing Trees table on the landscape plan depicts a total of 638 caliper inches being removed from the site. The Applicant shall contact the Matt Perkins,the City Arborist,to perform an inspection of all existing trees on the site to determine mitigation requirements. Mitigation information shall be depicted on the plan. j. The landscape plan shall be prepared by a landscape architect,landscape designer or qualified nurseryman per UDC 11-313-3C. k. Depict an internal pathway connection to the sidewalk along N. Locust Grove Rd. 4. Future development shall be consistent with the minimum dimensional standards listed in UDC Table 11-2A-6 for the R-8 zoning district. 5. Off-street parking is required to be provided in accord with the standards listed in UDC Table 11-3C-6 for single-family detached dwellings based on the number of bedrooms per unit. 6. An exhibit shall be submitted with the final plat application that depicts the setbacks, fencing, building envelope, and orientation of the lots and structures accessed via the common driveway; if a property abuts a common driveway but has the required minimum street frontage and is taking access via the public street,the driveway shall be depicted on the opposite side of the shared property line from the common driveway as set forth in UDC 11- 6C-3D. paft of the pathway loop. B. PUBLIC WORKS 1. Site Specific Conditions of Approval ser-viees only in the eemmen drives,„ 1.2 Sanitary sewer service connections need to be a minimum of 5'from each other along the mainline. There are at least two locations where this requirement is not met. 1.3 No sewer mainlines in common drives, only sewer services (reminder that a maximum of three services are allowed into a manhole,with a minimum 30-degrees of angle separation). 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 Page 24 Meridian City Council Meeting Agenda Kass eV,2=—FFhRVE119H)offWffi3 provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 Per Meridian City Code(MCC),the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 2.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way(include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat,but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement(on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor,which must include the area of the easement(marked EXHIBIT A)and an 81/2"x 11"map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted,reviewed, and approved prior to development plan approval. 2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year- round source of water(MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized,the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 2.6 All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. 2.7 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at(208)898-5500 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. Page 25 Meridian City Council Meeting Agenda Kass eV,2=—RdWe1'ToffWR4 2.11 All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 2.12 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process,prior to the issuance of a plan approval letter. 2.13 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.17 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 2.18 The design engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.20 At the completion of the project,the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.21 A street light plan will need to be included in the civil construction plans. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting.A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272. 2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125%of the total construction cost for all incomplete sewer,water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety,which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 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. Page 26 Meridian City Council Meeting Agenda C1AaWV,2M—RRVE115aoffWR1 C. FIRE DEPARTMENT hops://weblink.meridiancity.orgj ebLink/Doc View.aspx?id=181294&dbid=0&repo=MeridianC Lty D. POLICE DEPARTMENT https://weblink.meridianciU.org/WebLink/DocView.aspx?id=181803&dbid=0&repo=MeridianC Lty E. PARK'S DEPARTMENT hops://weblink.meridianciU.org/WebLink/Doc View.aspx?id=183118&dbid=0&repo=MeridianC ky F. COMMUNITY PLANNING ASSOCIATION OF SOUTHWEST IDAHO(COMPASS) No comments were received. G. SETTLER'S IRRIGATION DISTRICT hops://weblink.meridiancity.org/WebLink/DocView.aspx?id=181790&dbid=0&repo=MeridianC hty H. NAMPA&MERIDIAN IRRIGATION DISTRICT hops://weblink.meridiancity.org/WebLink/Doc View.aspx?id=182254&dbid=0&repo=MeridianC hty I. CENTRAL DISTRICT HEALTH DEPARTMENT hops://weblink.meridianciby.oLglWebLink/DocView.aspx?id=181354&dbid=0&repo=Meridian C iu J. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ) hops://weblink.meridiancity.org/WebLink/Doc View.aspx?id=181375&dbid=0&repo=Meridian C iu K. ADA COUNTY HIGHWAY DISTRICT(ACHD) hops://weblink.meridiancity.org/WebLink/DocView.aspx?id=183002&dbid=0&repo=MeridianC iu X. FINDINGS A. Annexation and/or Rezone(UDC 11-5B-3E) Required Findings: Upon recommendation from the commission,the council shall make a full investigation and shall,at the public hearing,review the application. In order to grant an annexation and/or rezone,the council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The City Council finds the proposed zoning map amendment to R-8 and subsequent development is consistent with the Comprehensive Plan. Page 27 Meridian City Council Meeting Agenda Kass eV,2=—FFhRVE115ToffWffi3 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council finds the proposed zoning map amendment will allow for the development of single family detached homes which will contribute to the range of housing opportunities available within the City consistent with the Comprehensive Plan and the purpose statement of the residential districts. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The City Council finds the proposed zoning map amendment should not be detrimental to the public health, safety and welfare. 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 the proposed zoning map amendment will not result in an adverse impact on the delivery of services by any political subdivision providing public services within the City. 5. The annexation(as applicable)is in the best interest of city. The City Council finds the proposed annexation is in the best interest of the City per the Analysis in Section HIT B. Preliminary Plat Findings: In consideration of a preliminary plat,combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: 1. The plat is in conformance with the Comprehensive Plan; The City Council finds that the proposed plat is in substantial compliance with the adopted Comprehensive Plan in regard to land use, density, transportation, and pedestrian connectivity. (Please see Comprehensive Plan Policies in, Section V of this 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 with development. (See Exhibit B of the Staff Report for more details from public service providers.) 3. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because City water and sewer and any other utilities will be provided by the development at their own cost, the City Council finds that the subdivision will not require the expenditure of capital improvement funds. 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 upon comments from the public service providers (i.e., Police, Fire, ACHD, etc). (See Section IXfor more information) Page 28 Meridian City Council Meeting Agenda Kass eV,2=—FFhRVE119MadfWffi3 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. The City Council is unaware of any significant natural, scenic or historic features that exist on this site that require preserving. Page 29 Meridian City Council Meeting Agenda Kass eV,2=—RRVE1174off-2&