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Ascent Townhomes T&M Holdings, LLC (H-2020-0122) (2020-110269)
Item#9. ADA COUNTY RECORDER Phil McGrane 2020-110269 BOISE IDAHO Pgs=52 HEATHER LUTHER 08/26/2020 02:46 PM CITY OF MERIDIAN, IDAHO NO FEE DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. T&M Holdings LLC, Owner/Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this day of 2020, by and between City of Meridian, a municipal corporation of the State o daho,hereafter called CITY whose address is 33 E. Broadway Avenue, Meridian,Idaho 83642 and T&M Holdings LLC,whose address is PO Box 2640,Eagle,ID 83616, hereinafter called O"ER/DEVELOPER. 1. CITALS: 1.1 WHEREAS, Owner/Developer is the sole owner, in law and/or equity, of certain tract of land in the County of Ada,State of Idaho,described in Exhibit "A", which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property; and 1.2 WHEREAS,Idaho Code§ 67-651 lA provides that cities may,by ordinance, require or permit as a condition of zoning that the Owners and/or Developer make a written commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section 11-513-3 of the Unified Development Code ("UDC"), which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS,Owner/Developer have submitted an application for annexation and zoning of 5.25 acres of land with an R-15 (medium-high density residential) zoning district on the property listed in Exhibit "A" (attached), 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 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, includes responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and includes further testimony and comment; and DEVELOPMENT AGREEMENT—ASCENT TOWNHOMES(H-2019-0122) PAGE 1 OF 8 Page�70 1.7 WHEREAS,on the 7th day of July,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, 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 T&M Holdings LLC,whose address is PO Box 2640, Eagle, ID 83616, the party that owns and is developing said Property and shall include any subsequent owners(s) or developer(s) of the 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 DEVELOPMENT AGREEMENT—ASCENT TowNHOMES(H-2019-0122)-:- PAGE 2 OF 8 Page 371 Item#9. 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 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 preliminary plat, landscape plan, qualified open space exhibit and conceptual building-elevations included in Section VII of the Staff Report that attached to the Findings of Fact and Conclusions of Law attached as Exhibit`B" and the provisions contained therein. b. Future development shall comply with the design standards listed in the Architectural Standards Manual and the design guidelines contained in the Ten Mile Interchange Specific Area Plan(TMISAP).An application for Design Review shall be submitted and approved for the single-family attached and townhome structures prior to submittal of building permit applications. c. The front yard of each individual lot shall be landscaped with a combination of lawn, groundcover, shrubs and trees as set forth in the TMISAP (see 3-37). d. The Homeowner's Association shall be responsible for the maintenance of all landscaping within the development including that on individual homeowner lots as proposed by the Applicant. e. All structures in this development shall have pitched roofs with symmetrical hips or gables, with a pitch between 4:12 and 12:12 and have an overhang of at least 12 inches up to a maximum of 2.5 feet beyond the fagade of the building. Roof brackets and rafter tails are encouraged as set forth in the TMISAP(see 3-41). f. Garages shall be designed with two (2) separate garage doors as set forth in the TMISAP (see 3-33). g. Public art with a high quality of design shall be incorporated into the design of streetscape along W. Franklin Rd.as set forth in the TMISAP (see 3-47). h. The temporary right-of-way easement via W.Franklin Rd. over the common lot(Lot 9,Block 6) shall be released when a local street connection is constructed to this site from a neighboring development;-at such time, the easement shall be released and access will be restricted to emergency and pedestrian access only. DEVELOPMENT AGREEMENT—ASCENT TOWNHOMES(H-20 19-0122) PAGE 3 OF 8 Page 372 Item#9. 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: 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,Owners/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. Owners/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/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. DEVELOPMENT AGREEMENT—ASCENT TOWNHOMES(H-2019-0122) PAGE 4 OF 8 Page 373 Item#9. 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. 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/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: T&M Holdings LLC PO Box 2640 Eagle, ID 83616 DEVELOPMENT AGREEMENT—ASCENT TOWNHOMES(H-2019-0122) PAGE 5 OF 8 Page 374 Item#9. 14.1 A party shall have the right to change its address by delivering to the other parry 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 parry 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 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 party 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/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/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. DEVELOPMENT AGREEMENT—ASCENT TOWNHOMES(H-2019-0122) PAGE 6 OF 8 Page 375 Item#9. 21.1 No condition governing the uses and/or conditions governing re-zoning of the subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. [end of text; signatures, acknowledgements, and Exhibits A and B follow] ACKNOWLEDGMENTS IN WITNESS WHEREOF,the parties have herein executed this agreement and made it effective as hereinabove provided. OWNE EVELOPER: T&M of i LLC 7 - By: Its: Y4AVP;C1 NJ Me IM CITY OF MERIDIAN ATTEST: By: Mayor Robert E. Simison Chris Johnson, City Clerk DEVELOPMENT AGREEMENT—ASCENT TOWNHOMES(H-2019-0122) PAGE 7 OF 8 Page 376 Item#9. STATE OF IDAHO } ss: County of Ada ) On this 6p, day of !� 2020,before me,the undersigned,a Notary Public in and for said State,personally appeared Douglas R Me Waster,known or identified to me to be the Manager of TM Holdings 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. CASEY GEPFORD Notary Public-State of Idaho SEAL a. ( ) Commission Number 20 02399 My Commission CASEY GEPFORD Residing at: i(*I Ut�r 2,ele, �.# '4 -�-� Comm ssion Notary iNumber 202ic-State Of 02399g My Commission Expires:f d l My Commission Expires Jun 29, 2026 STATE OF IDAHO ) ss County of Ada On this 25th day of August 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 f r Ido Residing at. Ivieridian,Idaho Commission expires: 3-28-2022 DEVELOPMENT AGREEMENT—ASCENT TOWNHOMES(H-201 g-0122) PAGE 8 OF 8 Page 377 Item#9. EXHIBIT A EXHIBIT_ Description For R415 ZONE AND ANNEXATION ASCENT SUBDIVISION A portion of the Southeast 114 of the Southwest 114 of Section 10, Township 3 North, Range 1 West, Boise Meridian, Aria County, Idaho being more particularly described as follows: Commencing at the S114 corner of said Section 10 from which the SW comer of said Section 10 bears North 89015'34"West, 2640.54 feet: thence along the South boundary line of said Section 10 North 89915'34" West, 376.47 feet to the REAL POINT OF BEGINNING; thence continuing along said South boundary line Forth 89'15'34" West, 365.65 feet; thence leaving said South boundary line North 00034'26" East, 843.25 feet to a point on the approximate centerline of Purdarn Stub Drain; thence along said centerline South 39'15'34" East, 572.39 feet; thence leaving said centerline South 00'34'26"West, 404.77 feet to the REAL POINT OF BEGINNING_ Containing 5.25 acres. more or less. f 7729 3f71lut CF0 G. Ascent Townhomes—H-2020-0039 Page 378 Item#9. EXHIBIT A I � f � I � A �1 [i O I R J L M Q NI C) ¢I zi � � f 5,25 ACRES I I vNC, 8�A 7 729 ton 3 1 0 ° �g4Y G.G, I I I � I I i I 5.9 5.10 7897.a�' 1/4 S.10 376.47_[\ 5.16 15 ——— —l N89'15'34"W 386.65' M FRANKLIN ROAD (PUBLIC) N89'15'34"W 264q.54' RPDB—/ 5.15 BASIS OF BEARING 1QAFiO a EXHIBIT — DRAWING FOR imrol 9-251 SURVEY M5NEMEPA-DST. R-15 ZONE AND ANNEXATION SHEET No. 206B015 �OkHo83T:w1 ASCENT SUBDIVISION 1 GROUP, //��i I'7 I I ,znara4s7n GROUP, LLC LOCATED IN THE SE./4 6F ThP Sw 1/4 V SEGTWN to T.an.. O4fG.GATE RAW., 9.M.,AOA COUNTY,IDAQ 3/24M20 Ascent Townhomes—H-2020-0039 Page 379 ►tem#s. EXHIBIT B CITY OF MERIDIAN " FINDINGS OF FACT,CONCLUSIONS OF LAW . AND DECISION& ORDER + In the Matter of the Request for Annexation of 5.25 Acres of Land with an R-15 Zoning District; and Preliminary Plat Consisting of Forty-Three(43)Buildable Lots,Eleven (11) Common Lots and One(1)Other Lot on 4.97 Acres of Land in an R-15 Zoning District for Ascent Townhomes,by Matt Schultz, Schultz Development. Case No(s).H-2020-0039 For the City Council Hearing Date of: June 23,2020 (Findings on July 7,2020) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of June 23,2020, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of June 23, 2020,incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of June 23, 2020, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of June 23, 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 as Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has,by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 17,2019,Resolution No. 19-2179 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 ASCENT TOWNHOMES—AZ,PP H-2020-0039 - I - Page 380 Meridian City Council Meeting Agenda July 7,2020— Page 281 of 814 Item#9. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of June 23, 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 is hereby approved with the requirement of a Development Agreement; and Preliminary Plat is hereby approved per the provisions in the Staff Report for the hearing date of June 23,2020,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 11-613-7A). 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 ASCENT TOWNHOMES—AZ,PP H-2020-0039 -2- Meridian City Council Meeting Agenda July 7,2020— Page 282 of 814 Item#9. 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 June 23,2020 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR ASCENT TOWNHOMES—AZ,PP H-2020-0039 -3 - Page 382 Meridian City Council Meeting Agenda July 7,2020— Page 283 of 814 Item#9. By action of the City Council at its regular meeting held on the 7th day of July 2020. COUNCIL PRESIDENT TREG BERNT VOTED YEA COUNCIL VICE PRESIDENT BRAD HOAGLUN VOTED YEA COUNCIL MEMBER JESSICA PERREAULT VOTED COUNCIL MEMBER LUKE CAVENER VOTED YEA COUNCIL MEMBER JOE BORTON VOTED YEA COUNCIL MEMBER LIZ STRADER VOTED YEA 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: 7-7-2020 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR ASCENT TOWNHOMES—AZ,PP H-2020-0039 -4- Page 383 Meridian City Council Meeting Agenda July 7,2020— Page 284 of 814 Item#9. EXHIBIT A STAFF REPORTC�WEN � � COMMUNITY DEVELOPMENT DEPARTMENT HEARING June 23,2020 Legend DATE: ff NP e v Lcc a`err -TO: Mayor&City Council _ FROM: Sonya Allen,Associate Planner 208-884-5533 SUBJECT: H-2019-0122 Ascent Subdivision , LOCATION: North side of W. Franklin Rd., east of N. Black Cat Rd. in the SW 1/4 of Section 10, Township 3N.,Range 1 W. I. PROJECT DESCRIPTION Annexation of 5.25 acres of land with an R-15 zoning district; and,Preliminary Plat consisting of 43 buildable lots, 11 common lots and 1 other lot on 4.97 acres of land in the R-15 zoning district. II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 4.97 (the configuration of the parcel has been verified to be an original parcel of record in accord with UDC 11-IA-1) Future Land Use Designation MHDR(8-12 units/acre)in the TMISAP Existing Land Use Agricultural Proposed Land Use(s) Single-family attached and townhome dwellings Current Zoning RUT in Ada County Proposed Zoning R-15 Lots(#and type;bldg/common) 43 building/11 common/1 other Phasing plan(#of phases) 1 Number of Residential Units(type 43 units(4 attached units&39 townhome units) of units) Density(gross&net) 8.65 gross/16.93 net Open Space(acres,total[%]/ 0.55 of an acre(11.5%) buffer/qualified) Amenities Tot lot with a children's play structure Physical Features(waterways, The Purdam Stub Drain crosses the northeast boundary of this hazards,flood plain,hillside) site Page l Page 384 Meridian City Council Meeting Agenda July 7,2020— Page 285 of 814 Item#9. Neighborhood meeting date;#of March 24,2019;4 attendees attendees: History(previous approvals) H-2019-0122 Ascent Subdivision(withdrawn) B. Community Metrics Description Details Page Ada County Highway District • Staff report Yes(draft) (yes/no) • Requires ACHD No Commission Action(yes/no) • Existing Franklin Rd.was widened to 5-lanes in 2017 and fully improved with curb, Conditions gutter and sidewalk abutting the site;no ROW is required to be dedicated and no frontage improvements are required. • CIP/IFYWP Caput Ynprnremerrts Plan JGPp I k0grated Five Year Wwk Plan OFTWP). + Blata Gas dived is L-s6ed in the GIP to be widened na 5-lair"from Cherry lane to FranKlin Road tiol- Sun 20,71 and 2025. Black Cal Road is liMed in the GIP to be widened to 3-Isnesfrom Overiend Raad in Franklin Road between 2026 and 200. Access(Arterial/Collectors/State One temporary(1)access proposed via W.Franklin Rd.,an Hwy/Local)(Existin and Proposed) arterial street Traffic Level of Service Acceptable(Better than"E")—Franklin&Ten Mile Roads Stub Street/Interconnectivity/Cross 2 stub streets are proposed to the west and 2 stub streets are Access proposed to the east for future extension;no stub streets exist to this site Existing Road Network None Existing Arterial Sidewalks/ Existing sidewalk on Franklin;no buffer Buffers Proposed Road Improvements None Fire Service • Distance to Fire Station 3.4 miles—split between Fire Stations#1 and#6 • Fire Response Time Falls within 5 minute response time • Resource Reliability 63%for Fire Station#1;unknown for Station#6—does not meet the target goal of 80%or greater • Risk Identification Risk factor of 2—current resources would not be adequate to supply service to this project(see comments in Section VIII.C) • Accessibility Project meets all required access,road widths and turnarounds • Special/resource needs An aerial device is not required;the closest truck company is 6 minutes travel time(under ideal conditions)—Fire Dept. can meet this need in the required timeframe. • Water Supply Requires 1,500 gallons per minute for 2 hours;may be less if building is fully sprinklered,which all are proposed to be • Other Resources NA — Page 2 — Page 385 Meridian City Council Meeting Agenda July 7,2020— Page 286 of 814 Item#9. Police Service • Distance to Police 3.5 miles Station • Police Response 3:5 minutes Time • Calls for Service 1,372 within a mile of site(2/1/2019—1/31/2020) • Accessibility No issues with the proposed access • Specialty/resource No additional resources are required at this time;the PD already services the needs area • Crimes 141 within a mile of site(2/1/2020—1/31/2020) • Crashes 44 within a mile of site(2/l/2020—1/31/2020) West Ada School District 1.Distance kgrollmsQlaft Win Off.W (elem,ms, PcregrincElan.entary 992 issa 2.3 hs) RA rid ian MtddW School 1i92 USO 3.2 2.Capacity of Schools Merkldon IHigly Sdtool 1565 24Qi7 1.4 3.#of Students Enrolled Due to the abunda ns smau+4l tof growl.h in the area,West Ada is artlwelY buildlnig new schools,and boundaties are always Om I .These futore students could potentially attend Pkasant w&w Flememtwv,and Owyhee High School, 4.#of students 34 predicted for this development Wastewater • Distance to Sewer Directly adjacent Services • Sewer Shed South Black Cat Trunkshed • Estimated Project See application Sewer ERU's • WRRF Declining 13.92 Balance • Project Consistent Yes with WW Master Plan/Facility Plan • Impacts/Concerns None Water • Distance to Water Directly adjacent Services • Pressure Zone 2 • Estimated Project See application Water ERU's • Water Quality None Concerns • Project Consistent Yes with Water Master Plan • Impacts/Concerns None — Page 3 — Page 386 Meridian City Council Meeting Agenda July 7,2020— Page 287 of 814 Item#9. C. Project Maps Future Land Use Map Aerial Map (fLegend Legend PP6- i Laca ixin -- - iU Pru e; Lcc ci I Iti�r�tial • M1 _ } - I Density Mi"xed Erroloyrnebt Lw D e f s ity H i MD a sty Emplaymi*lit Residen i€" ICU-Re s k Zoning Map Planned Development Map Legend i R: y u ffLegen-d 1 0Pr, 'ec Loca=or IetProjecf LacafiGn ---' -= R- R-15 ;_ CityLirnit4 '. RUT — Planrned Parcels R1 R RU , hA1 R',11 : _ N11 R- RUT R - - Ic III. APPLICANT INFORMATION A. Applicant: Matt Schultz, Schultz Development—PO Box 1115,Meridian, ID 83680 B. Owner: Christiansen Family Limited Partnership—576 E.Vivid Sky Dr.,Meridian,ID 83642 — Page 4 — Page 387 Meridian City Council Meeting Agenda July 7,2020— Page 288 of 814 Item#9. C. Representative: Same as Applicant IV. NOTICING Planning& Zoning City Council Posting Date Posting Date Newspaper notification published in newspaper 5/13/2020 6/5/2020 Radius notification mailed to property owners within 300 feet 5/12/2020 6/2/2020 Public hearing notice sign posted 5/12/2020 6/10/2020 on site Nextdoor posting 5/12/2020 6/2/2020 V. COMPREHENSIVE PLAN ANALYSIS Staffs analysis on the project's consistency with the guidelines in the TMISAP applicable to this development are in italics. LAND USE: This property is designated MHDR(Medium High Density Residential) on the Future Land Use Map in the Comprehensive Plan and is within the area governed by the Ten Mile Interchange Specific Area Plan (TMISAP). The MHDR designation allows for a mix of dwelling types including townhouses,condominiums, and apartments. Residential gross densities should range from 8 to 12 dwelling units per acre. These areas are relatively compact within the context of larger neighborhoods and are typically located around or near mixed use commercial or employment areas to provide 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 a project identity. Per the TMISAP,MHDR designated areas should include a mix of housing types such as row houses, townhouses,condominiums and apartments with higher densities near MU-C and Employment designated areas transitioning to smaller-scale and lower density buildings as the distance increases from higher intensity uses. The proposed development includes a mix of single family attached dwellings and townhome units at a gross density of 8.65 units per acre is consistent with the mix of uses and density desired in MHDR designated areas. Part of the larger MHDR (&HDR) designated area to the east closer to MU-C designated land has already developed with apartments at a higher density as desired; the remainder of the MHDR designated area surrounding this site has not yet developed. TRANSPORTATION: The ACHD Capital Improvements Plan(CIP)/Integrated Five Year Work Plan(IFYWP) lists Black Cat Rd. to be widened to 5 lanes from Cherry Ln. to Franklin Rd.between 2021 and 2025; and Black Cat Rd. to be widened to 3 lanes from Overland Rd.to Franklin Rd.between 2026 and 2030. Franklin Rd. was widened to 5 lanes in 2017 and fully improved with curb, gutter and sidewalk abutting the site. Street Network(3-17): The Transportation System Map included in the TMISAP does not depict any streets planned through this site. — Page 5 Page 388 Meridian City Council Meeting Agenda July 7,2020— Page 289 of 814 Item#9. Connectivity(3-17): Connectivity to adjacent parcels is proposed with two (2)stub streets to the west and two (2)stub streets to the east which will result in connected neighborhoods and better access for emergency personnel in accord with the Plan. Perugia St., a local street to the east should connect to the northern east/west street(W. Tomahawk St.) in this development when the property to the east redevelops, which will provide a connection to Franklin Rd. via Umbria Hills Ave. Access Control(3-17): In order to move traffic efficiently through the Ten Mile area, direct access via arterial streets is prohibited except for collector street connections. Until the property to the north redevelops and a street network is established in this area, this site has no other access than W. Franklin Rd., an arterial street. A temporary access via Franklin is proposed until such time as access is available from the adjacent property then the access will be closed except for emergency and pedestrian access, in accord with the Plan. Complete Streets (3-19): The TMISAP incorporates the concept of"complete streets,"meaning all streets should be designed to serve all users, including bicycles and pedestrians unless prohibited by law or where the costs are excessive or where there's clearly no need(pg. 3-19). The proposed development includes attached and detached sidewalks for pedestrian use and on-street parking but no bicycle lanes; because no collector streets are proposed, Staff does not recommend bicycle lanes are required. Streetscape(3-25): All streets should include street trees within the right-of-way. The proposed development incorporates tree-lined streets with detached sidewalks along the main north/south street (W.. Chair Lift St) through the development from Franklin Rd. adjacent to alley-loaded lots. The east/west streets (W.. Chair Lift St. & W. Ski Hill St.) that provide access to front-loaded lots adjacent to Franklin Rd. (Lots 1-7, 11-14, Block 6 and Lots 3-4, Block 5) and two other front-loaded lots (Lots 2-3, Block 1) at the north end of the development have attached sidewalks. To more closely comply with the Plan,Staff recommends detached sidewalks with 6'(with root barriers) or 8'wide landscaped parkways(without root barriers)are provided along both sides of W. Ski Hill St. and W. Chair Lift St. which could be accommodated through narrower streets in these areas consistent with Traditional Neighborhood design. DESIGN: Street-Oriented Design—Residential Buildings(3-33): Usable porches should be a dominant element of these building types. Porches should be located along at least 30%of the front fagade of the buildings (the facade facing the primary street) although a higher percentage is recommended as is porches on one or more facades as well. When possible, garages should be loaded from a rear alleyway. Where garages must be accessed from the front,the garages must be located no less than 20' behind the primary faVade of the residential structure.Front-loaded 2-car garages that are visible from the primary street must be designed with two(2)separate garage doors. The proposed alley-loaded townhomes have porches along 40% of the street frontage;front-loaded townhomes and single-family attached dwellings do not have porches facing the internal street but do have covered patios facing Franklin Rd. at 56%of the street frontage although they won't be visible because a 6'tall solid vision fence is proposed to provide privacy of rear yards. Front-loaded garages are not located 20'behind the primary facade of the structure,nor do they have two(2)separate garage doors as required. With the current lot configuration, compliance with the garage setback requirement is not possible—lots would need to be widened and the number of units reduced to comply.If the number of units are reduced by 3 or fewer, the density of the development will still comply with that desired in the Ten Mile area,however, if reduced by 4 or more, the density will be below that desired in the Ten Mile area. Staff recommends the Applicant explore alternate design options to comply with this requirement while maintaining a gross density of at least 8 units per acre; an alternate plan should be submitted in accord with this provision prior to the City Council hearing. Page 6 Page 389 Meridian City Council Meeting Agenda July 7,2020— Page 290 of 814 Item#9. All of the proposed elevations for front-loaded homes depict one garage door instead of separate garage doors for each parking space as required—these elevations should be revised to reflect separate garage doors for each parking space in accord with the Plan. Buildings to Scale(3-34): The key elements to consider are the continuity of building sizes,how the street-level and upper-level architectural detailing is treated, elements that anchor and emphasize pedestrian scale,roof forms,rhythm of windows and doors, and general relationship of buildings to public spaces such as streets,plazas, other open space and public parking. Human-scale design is critical to the success of built places for pedestrians. Staff believes the proposed 2-story homes demonstrate continuity of building sizes within the development; the street level and upper level architectural detailing corresponds with each other to unify the design, while the awnings and overhangs over the first story along with tree-lined streets and ground floor windows anchor and emphasize the pedestrian scale of the development as desired. Neighborhood Design(3-36): In the Ten Mile area, all residential neighborhoods should be developed in consideration of traditional neighborhood design principles and concepts,which include mixed housing stock, architecture and design, streetscapes and streets. A mix of housing stock is proposed consisting of single-family attached and townhome dwellings,which contribute to the diversity of housing stock desired in this area. Currently, front-and alley-loaded single-family detached homes, townhomes, and multi-family apartments exist in this area. Relatively short block lengths are proposed with several stub streets to adjacent properties,which allows for better and more convenient pedestrian and vehicle connectivity. Staff recommends landscaped parkways are provided throughout the development for a streetscape consistent with the Ten Mile Plan and neighborhood design concepts. Building Form and Character(3-37): Architectural character should establish a clear sense of place and distinct identity in each activity center and neighborhood while each building should maintain a degree of individuality. The proposed conceptual elevations demonstrate the coordination of key design elements, materials and colors, while maintaining individuality for each unit(see Section VIII.F). Building Facades: The primary facade of the structures should be placed at the minimum setback as close as possible to the street for a consistent street-scape. The primary facade should always include an entry into the building as close as possible from the primary street for direct access from adjacent public spaces. The space between a building facade and the adjacent sidewalk should be appropriately landscaped with a combination of lawns,groundcover, shrubs and trees. The Applicant states the individual yards will be maintained by the HOA for a consistent appearance;Staff recommends a combination of lawn,groundcover, shrubs and trees are provided in each front yard as desired in the Plan. Building Heights: Low-rise buildings of 2-4 stories in height over much of the area is desired. The proposed attached and townhome units are all 2-stories in height in accord with the Plan. Stoop Frontage: For street and block frontages along residential streets and areas with a moderate amount of pedestrian activity, it is recommended that ground floor elevations be 18 to 24 inches above sidewalk grade and that the individual units open directly onto adjacent rights-of-way. Because this is a smaller development and isn't in a mixed use area, there won't be a lot of non- local pedestrian activity; therefore, Staff doesn't recommend required compliance with this guideline. Porch and Fence Frontage: The porch and fence frontage provides a building facade set back from the street to allow room for a private fenced yard,which signals the break between the public realm of the street and sidewalk to the private realm of the yard and porch. Porches along the front of the building allow residents the opportunity to interact and engage in activities in the public domain Page 7 Page 390 Meridian City Council Meeting Agenda July 7,2020— Page 291 of 814 Item#9. while maintaining a level of privacy.Although not a requirement, Staff recommends the Applicant consider this guideline in the design of the project. Roofs: Because the Ten Mile Area includes a wide variety of individual buildings, it's assumed there will be a mix of flat and pitched roofs. Pitched roofs are required for MHDR designated areas and should be,where possible,symmetrical hips or gables,with a pitch between 4:12 and 12:12 and have an overhang of at least 12 inches. The overhang can extend to a maximum of 2.5' beyond the fagade of the building.Roof brackets and rafter tails are encouraged. Staff recommends the proposed structures include roofs consistent with this guideline. Public Art(3-47): Public art with a high quality of design should be incorporated into the design of streetscapes.No public art is proposed. Staff recommends public art is provided in the streetscape in accord with the Plan; this could be incorporated into the subdivision identification sign. Goals,Objectives, &Action Items: Staff finds the following Comprehensive Plan policies to be applicable to this application and apply to the proposed use of this property(staff analysis in italics): • "Encourage a variety of housing types that meet the needs, preferences, and financial capabilities of Meridian's present and future residents."(2.01.02D) The proposed medium high density attached and townhome units will contribute to the variety of residential categories in the Ten Mile area as desired. • "Permit new development only where it can be adequately served by critical public facilities and urban services at the time of final approval, and in accord with any adopted levels of service for public facilities and services."(3.03.03F) City water and sewer service is available and can be extended by the developer with development in accord with UDC I1-3A-21. • "Avoid the concentration of any one housing type or lot size in any geographical area;provide for diverse housing types throughout the City."(2.01.01 G) Two housing types (i.e. single-family attached and townhomes) are proposed in this development which contributes to the variety of housing types in this area.Lot sizes are proposed ranging in size from 2,057 to 6,036 with an average lot size of 2,492 square feet(sf.) which will accommodate the proposed 2-story attached and townhome units. • "Encourage compatible uses and site design to minimize conflicts and maximize use of land." (3.07.00) The proposed residential dwellings and site design should be compatible with future development on adjacent properties that are also designated for MHDR uses. • "With new subdivision plats,require the design and construction of pathway connections,easy pedestrian and bicycle access to parks, safe routes to schools,and the incorporation of usable open space with quality amenities." (2.02.01A) The proposed plat depicts a large usable common open space area at the east boundary of the site with children's play equipment as an amenity and detached sidewalks with landscaped parkways. Sidewalks are proposed along all stub streets to adjacent properties, which provide for pedestrian connectivity; no segments of the City's regional pathway are planned on this site. • "Ensure development is connected to City of Meridian water and sanitary sewer systems and the extension to and through said developments are constructed in conformance with the City of Meridian Water and Sewer System Master Plans in effect at the time of development."(3.03.03A) The proposed development will connect to City water and sewer systems;services are proposed to Page 8 Page 391 Meridian City Council Meeting Agenda July 7,2020— Page 292 of 814 Item#9. be provided to and though this development in accord with current City plans. • "Require urban infrastructure be provided for all new developments, including curb and gutter, sidewalks,water and sewer utilities."(3.03.03G) Urban sewer and water infrastructure and curb, gutter and sidewalks is required to be provided with development as proposed. • "Annex lands into the corporate boundaries of the City only when the annexation proposal conforms to the City's vision and the necessary extension of public services and infrastructure is provided." (3.03.03) The proposed development plan is consistent with the City's vision in terms that medium high density residential uses are proposed. Public services and infrastructure are proposed to be provided. In summary, Staff believes the proposed development plan is generally consistent with the vision of the Comprehensive Plan in regard to land use, density and transportation. VI. STAFF ANALYSIS A. ANNEXATION&ZONING The Applicant requests annexation of 5.25 acres of land with an R-15 (Medium High-Density Residential)zoning district consistent with the Medium High Density Residential(MHDR)Future Land Use Map(FLUM) designation in the Comprehensive Plan. A preliminary plat,landscape plan and conceptual building elevations were submitted showing how the property is planned to develop with 39 townhome and 4 single-family attached units(see Section VIII). Based on the analysis above in Section V, Staff is of the opinion the requested annexation with the R-15 zoning and proposed development is consistent with the MHDR FLUM designation for this site. The proposed annexation area is contiguous to City annexed property and is within the Area of City Impact Boundary. A legal description and exhibit map for the annexation area is included in Section VII.A. The City may require a development agreement(DA) in conjunction with an annexation pursuant to Idaho Code section 67-6511A. In order to ensure the site develops as proposed with this application, staff recommends a DA as a provision of annexation with the provisions included in Section VIII. B. PRELIMINARY PLAT The proposed preliminary plat consists of 43 building lots, 11 common lots and 1 other lot on 4.97 acres of land in the proposed R-15 zoning district. The minimum lot size proposed is 2,057 with an average lot size of 2,492 square feet(s.f.). The plat is proposed to develop in one phase. Existing Structures/Site Improvements: There are no existing structures on this site,the site is vacant/undeveloped. Dimensional Standards (UDC 11-2): The proposed subdivision and subsequent development is required to comply with the minimum dimensional standards listed in UDC Table 11-2A-7 for the R-15 district. Staff has reviewed the proposed plat and it complies with these standards. Zero lot lines should be depicted on the plat where single-family attached and townhome structures are proposed to span across lot lines. Access(UDC 11-3A-3): One temporary right-of-way access easement is proposed on Lot 9,Block 6 via W.Franklin Rd., an arterial street; two(2)local stub streets are proposed to the west and two(2) are proposed to the east for Page 9 Page 392 Meridian City Council Meeting Agenda July 7,2020— Page 293 of 814 Item#9. future extension and interconnectivity. The temporary right-of-way easement is required to be released when a local street connection is constructed to this site from a neighboring development; at such time, the access will be restricted to emergency and pedestrian access only. Twenty(20)foot wide public alleys are proposed for access to rear-loaded units along N. Ascent Ave. in accord with the standards listed in UDC 11-6C-3B.5. All alleys should be signed"No Parking Fire Lane" and have an address sign at each entrance to the alley; each residence that has a back to an alley should have an address posted on the front of the building as well as on the alley side. Secondary emergency access to the site is not required by the Fire Dept. because all of the structures will be sprinklered. This property does not have an access easement via Zimmerman Ln.,the private lane along the west boundary of the site which is part of the property to the north. Pathways(UDC 11-3A-8): There are no pathways depicted on the Pathways Master Plan for this property. Sidewalks(UDC 11-3A-17): A detached sidewalk was recently constructed along the frontage of this site adjacent to W. Franklin Rd. when ACHD widened Franklin Rd. in accord with UDC standards. Detached sidewalks are proposed along the main north/south street(i.e.N. Ascent Ave.)in front of alley-loaded homes; Staff recommends detached sidewalk are also provided along all other internal streets as well in accord with traditional neighborhood design guidelines in the Comprehensive Plan. Parkways (UDC 11-3A-17): A 10-foot wide parkway with a drainage swale exists along Franklin Rd. between the curb and detached sidewalk constructed by ACHD with the road widening project;because this area is within the right-of- way,no trees are allowed.Native vegetation(grasses and flowers)was planted in this area and will be maintained by the HOA. All parkways within the site adjacent to detached sidewalks shall be landscaped per the standards listed in UDC 11-313-7C. Landscaping(UDC 11-3B): A 25-foot wide street buffer is required along W. Franklin Rd. (measured from back of curb),landscaped per the standards in UDC Table 11-3B-7C. A 35-foot wide buffer is proposed with landscaping in accord with UDC standards. Landscaping is required in common open space areas in accord with the standards listed in UDC 11-3G- 3E. Trees are proposed exceeding UDC standards; however, detailed calculations should be included in the Landscape Requirements table demonstrating compliance. Qualified Open Space& Site Amenities(UDC 11-3G): Because the area of the preliminary plat is below 5 acres in size,the qualified open space and site amenity standards listed in UDC 11-3G-3 do not apply. However,the Applicant did submit a qualified open space exhibit, included in Section VIII.F, depicting 0.55 of an acre (or 11.5%) of qualified open space consisting of a large grassy common area,half the street buffer along Franklin Rd. and parkways along the detached sidewalk in front of alley-loaded homes. This calculation will actually be greater as Staff recommends parkways are provided along all internal streets. Fencing(UDC 11-3A-6, 11-3A-7): All fencing constructed on the site is required to comply with the standards listed in UDC 11-3A-6 and 11-3A-7. A 6-foot tall open wrought iron fence is proposed along the northeast boundary adjacent to the Purdam Drain; and a 6-foot tall vinyl fence is proposed along the west, east and south boundaries in accord with UDC standards. Page 10 — Page 393 Meridian City Council Meeting Agenda July 7,2020— Page 294 of 814 Item#9. Parking: On-site parking for each unit is required per the standards listed in UDC Table 11-3C-6 based on the number of bedrooms per unit. Two car garages with two (2)parking pads per unit are proposed in accord with UDC standards. A total of 32 on-street parking spaces are also available for guests per the exhibit in Section VIII.E. Waterways: The Purdam Stub Drain,an NMID facility,runs along the northeast boundary of this site within a 65' wide easement(25' on this property). Any encroachment within this easement will require a License Agreement with NMID. The drain is proposed to be piped with this development in a common lot with an exclusive NMID access easement;the HOA will be responsible for maintenance of this lot. The common lot should contain grass to prevent weeds if allowed by NMID.If not allowed, a letter to that affect should be submitted from NMID. Utilities (UDC 11-3A-21): Connection to City water and sewer services is proposed in accord with UDC 11-3A-21. Street lighting is required to be installed in accord with the City's adopted standards, specifications and ordinances. See Section VIII.B below for Public Works comments/conditions. This project will be serviced by existing 8-inch water and sewer main stubs in W.Franklin Rd. Pressurized Irrigation System (UDC 11-3A-15): An underground pressurized irrigation(PI) system is required to be provided for each lot within the development as set forth as set forth in UDC 11-3A-15. Primary pressure irrigation will be provided by Nampa&Meridian Irrigation District(NMID)via an existing regional pump station for Baraya Subdivision directly south of this site across Franklin Rd. Storm Drainage(UDC 11-3A-18 : An adequate storm drainage system is required in all developments in accord with the City's adopted standards, specifications and ordinances. Design and construction shall follow best management practice as adopted by the City as set forth in UDC 11-3A-18. Storm drainage will be mitigated by underground seepage beds and/or shallow landscaped retention areas. Drainage swales exist within the parkway along W. Franklin Rd. Building Elevations(UDC 11-3A-19 I Architectural Standards Manual) (TMISAP Conceptual building elevations were submitted for the proposed 2-story townhome structures as shown in Section VII.F. Dwellings are proposed to be configured in 2, 3 and 4 attached units. Building materials are proposed to consist of a mix of horizontal and board&batten siding in a variety of colors with stone veneer accents. Dwelling units range in size from 1,400 to 1,600 square feet. Each alley- loaded unit has a front porch and each front-loaded unit has a covered patio but not a front porch as required. Final design is required to comply with the design standards listed in the Architectural Standards Manual and the design guidelines in the TMISAP as stated herein. Submittal and approval of a Design Review application is required prior to submittal of building permit application(s). VII. DECISION A. Staff: Staff recommends approval of the proposed Annexation&Zoning with the requirement of a Development Agreement and Preliminary Plat per the conditions included in Section VIII in accord with the Findings in Section IX. Page 11 — Page 394 Meridian City Council Meeting Agenda July 7,2020— Page 295 of 814 Item#9. B. The Meridian Planning&Zoning Commission heard these items on May 28, 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: Matt Schultz,Applicant's Representative b. In opposition: None c. Commenting:None d. Written testimony: Matt Schultz,Applicant's Representative(response to the staff report e. Staff presenting application: Sonya Allen f Other Staff commenting on application:None 2. Key issue(s) public testimony a. None 3. Key issues)of discussion by Commission: A. (Question regarding if there is a berm prposed within the street buffer along Franklin Rd. —the Applicant replied a 2-3' tall berm is proposed; b. In favor of the diversity of housingtypes proposed; C. In favor of the open space& site amenity—proposed which is above and beyond UDC requirements; d. In support of the proposed design over that previously proposed. 4. Commission change(s)to Staff recommendation: a. Recommend approval of waiver to DA provision#A.f as requested by the Applicant; b. Applicant to work with staff to determine the best type and placement of public art to be provided in the streetscape along Franklin Rd. 5. Outstanding issue(s)for City Council: A. The Applicant requests a waiver to DA provision#A.f,which requires front-loaded garages to be located no less than 20' behind the primary facade of the residential structure. C. The Meridian City Council heard these items on June 23,2020.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: Matt Schultz,Applicant's Representative b. In opposition:None C. Commenting.None d. Written testimony: Susan Ouarnstrom e. Staff presenting application: Sonya Allen f. Other Staff commenting on application:None 2. Key issue(s)of public testimony: a. None 3. Key issue(s)of discussion by City Council: a. Discussion and questions pertaining to the Applicant's request for a"waiver"to the recommended DA provision(#A.f)requiring the garages to be set back 20 feet behind the primary facade of the structure and the purpose of such requirement b. The feasibility of providing ore parking for the development—the Applicant stated more parking could possibly be provided in the common open space area on the east side of the sitel: 4. City Council change(s)to Commission recommendation. a. Council approved the Applicant's request for a waiver of DA provision#A.f to not require garages to be set back behind the primary facade as desired in the TMISAP: Page 12 — Page 395 Meridian City Council Meeting Agenda July 7,2020— Page 296 of 814 Item#9. Council did not approve the Applicant's request for a waiver from the requirement for public art to be provided. Page 13 — Page 396 Meridian City Council Meeting Agenda July 7,2020— Page 297 of 814 Item#9. VIII. EXHIBITS A. Annexation&Zoning Legal Description and Exhibit Map EXHIBIT Description For R-15 ZONE AND ANNEXATION ASCENT SUBDIVISION A portion of the Southeast 114 of the Southwest 114 of Section 10, Township 3 North. Range 1 West, Boise Meridian,Ada County, Idaho being more particularly described as follows: Commencing at the S114 corner of said Section 10 from which the SW comer of said Section 10 bears North 89'15'04"West,2640.54 feet; thence along the South boundary line of said Section 10 North 89"15'34"West, 375.47 feet to the REAL POINT OF BEGINNING; thence continuing along said South boundary line]North 89'1634"]Nest, 368.65 feet; thence leaving said South boundary line North 60°34'26"East, 843.25 feet to a point on the approximate centerline of Purdarn Stub Drain; thence along said centerline South 39'15'34" East, 572.39 feet; thence leaving said centerline South 00'34'26"West,464.77 feet to the REAL POINT OF BEGINNING. Containing 5.25 acres, more or less. i .E rp ' 7729 Page 14 Page 397 Meridian City Council Meeting Agenda July 7,2020— Page 298 of 814 Item#9. ti I +I I \ 1 1 f I ti Sri Ln CN CV� I ' 5.25 ACMES I I I 7729 I 22����1'55 ma's' �.'p Y I I I I f I I i 4 5,16 5.15 ——— N89'15'34"W 366.65� W. FRANKLIN ROAD (PUBLIC) S,15 N99'13'34"W 2640.54' RPDB )� BASIS OF BEARING /�,y� EXHIBIT — DRAMNG FOR .iris 40: I❑�l IQ 19-251 SURVEY PW$'w EMEFM-LST R-15 ZONE AND ANNEXATION S,�NO 941$@.3pRHG$7TJA ASCENT SUBDIMSION 1 �y{'� �'y I ,2oej eae�aza G�V OU 7 LLC WCkim IA THE SE 1/4 OFTkV SM 1/4 OF SECTION la T.3N.. On.DAB RAW.. B.M.,ADA CWNTY,IDAHO 3/24/2020 Page 398 Meridian City Council Meeting Agenda July 7,2020— Page 299 of 814 Item#9. B. Preliminary Plat(date: 6/1/2020) -REVISED 1' ------------ • .1%�It�Mb' __ • I+ I � 57 5�.' � oft,,.:., I � — .. J 1 9 I •. —e1 s'Wl.IVYa.� DLlP�'I-L—T4APi-MA ���' t � EYE" v.xs. oc,ao•e• x e,,... `,� .t CID CLr I - 1.-I X _ � ,GEG.Yi1S111 R•NiL6'. ASUENT SUBDIVISION ry �9 1 Page 16 Page 399 Meridian City Council Meeting Agenda July 7,2020— Page 300 of 814 ■ � � CiA4- E J ASCENT TOWNHOMES LANDSCAPE COLOR PLAq MERIDIAN, IDAHO Sn'ECk a1V Item#9. PHO.EGCIfOf®i4T:QH I H'�9C4PF eFoelis ;err r��+a�r►.: � -�'" �li!I�1;1°� i F}J''k5 t6Ff PiF'.441rF4llraT4 � �� N .. e .t IR�x� x' 7 �iTYtb'ki�kCflent�H.SE � � � R r� H7 T Lin a lsrxa-'Jac rnraa 1UAF"FA PR77AFA-K" $16RhiN�`i[R/2X eis�sa .`QM R£IWrAi1GQ1�# Vqr _ TL — _ • p 7 M--e---mmgm �3 �' Add{ •� }z. - —w Ili �l it X7LY mmw 0-LA ..7 i 3 � r R'Ti��.�y�_E �� „L.�,q... R' �.9r"'L'.7k.• C: w x st;a�xar.i s.. NEI Page 18 Page 401 Meridian City Council Meeting Agenda July 7,2020— Page 302 of 814 Item#9. RCHEMLE - - lug mwInLu ELM Lt2 IL 1 IT•6ai_..i4' _._.... W 1 fP r. dn � L'.3 Page 19 Page 402 Meridian City Council Meeting Agenda July 7,2020— Page 303 of 814 Item#9. TAW I*- Elm m- wair, LIT XMIR DGF ''' `IK.R x,T.T4.w.�Zi�. '?►1w!CT7.A~ � �•�i��•,•• �i41RR __ S T P 4 6 T wwa L� Page 20 — Page 403 Meridian City Council Meeting Agenda July 7,2020— Page 304 of 814 Item#9. D. Qualified Open Space Exhibit(REVISED) & Site Amenity Detail CITY OF MERIDIAN OPEN SPACE REQUIREMENTS TOTAL OPEN SPACE QUALIFIED OPEN SPACE aMN SPAc2 REMIREI-INT-IOtt F7Ee,711FEE0 PR[]VIL7ED i(11A31 W aP TIE SITE, 24.213 V ZAM A[J IO% 11.14% TOTAL AREA OF THE SITE IS 41 F M SF J&97 ACE LANDSCAPE LEGEND GUA.LIF9EP OPEN yPA[.E t24;217 st nl.l4%} a s'.., I a i � 1 W.FRANKLIN ROAD Scale:9"=100'-0" 21) ASCENT TOWNHOMES ©�0036 ' ..� MERIDIAN, IDAHO OPEN SPACE EXHIBIT X2.0 Page 21 Page 404 Meridian City Council Meeting Agenda July 7,2020- Page 305 of 814 Item#9. i 4 Tart pHl'4V4i44+M ti!4 4MA+4'FOW V mom TV fir. •;0f6 AT]A eiu.7rtl ASTM FsOT •SSG f eG�h mWedK m ktmmd t, Wl g miiNeYl vfchn1nwmoLi wth, -A9TM FS?w ran+n.'io.-.arir.+. ,ASTM F...M1 mW Y gym,kw Ihm rmymtl Op rrua.i purr W%4,4- 9�*M%mm + yt _ C'A la P+hEL i wP AvF F.mr T!*LNF TLIrPrA nr rrt 4`4 R�'PI �wr f hu+ ft" r.e i i 5 pYG 7 9mQ 1[n �n Acre 3t S bdivision Drv-V Flo'KS-1514 gqr m San' t%Vb!ler.f i' rra.'s +A` �d Recmatlan rM[We '� ,24id]Ya6 O;t�cy as W4� 265:78 ' Fo MIAafls Erols r'.,Ft Suft eAram ifW%q n Page 22 Page 405 Meridian City Council Meeting Agenda July 7,2020— Page 306 of 814 Item#9. E. On-Street Parking Exhibit ASCENT SUBDIVISION ON—STREET PARKING 32 SPACES cc 41' 36' d f L N iV N Y fO < SU SV !i S4 I Z c� I < jry a tJ Lo N a � i 1.14 04 CA a N Y N Cr p [L 0' 99' n 99' 20 SPACE o N _ N C) 4 m 8 2' IL w 41' 2 io C) rry I cv � cw W 61 I 37, c ATTACHED WALK/NO PARKING i i j� N a� eo 39' 25 25" 29 29' 25" 25'27" 27' 27' 32' . PRI 3B' Page 23 — Page 406 Meridian City Council Meeting Agenda July 7,2020— Page 307 of 814 Item#9. F. Conceptual Building Elevations/Perspectives&Floor Plans—REVISED 5/21/20 ?1ff'AR�g Co".Me& '+r �!x r Front-Loaded Attached Homes A42 EXTERIOR COLOR SCHEW 4Q ■ n _ cn x y iE BEVAnONSMM-ASCM u' F s U 2 T4 Ef ELEVAi[0lLSM_aq_MCEW rcwn A4-3 Page 24 — Page 407 Meridian City Council Meeting Agenda July 7,2020— Page 308 of 814 Item#9. r ■ es 7 7 TT x w co LU - -------------- r.`t FRQidT EL,fVAiPdH `w cn - t w ' — Y - TFf 2 REAR ELEVA-nCN • sau�u¢ �tiAn:�s —A4.0 r p —,---------------. G �f 4 Jam. Page 25 — Page 408 Meridian City Council Meeting Agenda July 7,2020— Page 309 of 814 Item#9. e� W J Gl �I {a] A 6E4H w-RAQI.IIf.96 I x { r Lj I Page 26 Page 409 Meridian City Council Meeting Agenda July 7,2020— Page 310 of 814 Item#9. EXERRACOLOR SCHEME#! . LLI QTt�g� �IJ911 ❑ - wawrrs _ exec wan W Q crc mean.. �ER[]HS EEfVAi1019 ��_ �J to[umwf:oYt ©� 9.L LLJ x..n.awmwa:i d. IA4.2� Front-Loaded Townhomes �t n`- m .*. ■_ LL� .T. G7 J W �s y Page 27 — Page 410 Meridian City Council Meeting Agenda July 7,2020— Page 311 of 814 Item#9. I _ ^rFnl ,e LLI EL CO n LLIQ �1 nNr ELEVA-RC tLLJ o z CO 7-17 cJ a FEAR E EVATIOH =- n4.o 41S ----- � --�r.r----ems, f C3 — - --'-- - '�_---------fir► ;'�94if 3�h1"�tr��.AtlkEn' r¢ [J e °tom► fro crro�r JW 1 Page 28 — Page 411 Meridian City Council Meeting Agenda July 7,2020— Page 312 of 814 Item#9. r� �C �1 :rr LU CD I .......... _.. 44 d t I � Page 29 — Page 412 Meridian City Council Meeting Agenda July 7,2020— Page 313 of 814 ■i G "e® v EXTERIOR COLOR SCHEME 91 LU 03 LU LU Cn m. 1 1 1 Garage U low e LU Page 30 Meridian City Council Meeting Agenda July 7,2020— Page 314 of 814 ee a - - � e �- e Item#9. Alt% - i I w %':GR7N7 GL NATkYN _ T LU W 4? V] +Y i REAR ELRA7-M evn�.w -- --- G --- �� J LU -- - -------- - ---------- --= . ;g ELEVAWN I Aq tjig - I anuxrm ,�$�ELEWAT@0W 2 E:EYPILW k Page 31 — Page 414 Meridian City Council Meeting Agenda July 7,2020— Page 315 of 814 Item#9. -C-1 Uj 4 1 6,4 _ ,LENFL;.FLO)R';LM - - i...... - u 1 o... i.. Lu C _ t .._................._ ; Page 32 — Page 415 Meridian City Council Meeting Agenda July 7,2020— Page 316 of 814 Item#9. 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, qualified open space exhibit and conceptual building elevations included in Section VII and the provisions contained herein. b. Future development shall comply with the design standards listed in the Architectural Standards Manual and the design guidelines contained in the Ten Mile Interchange Specific Area Plan (TMISAP). An application for Design Review shall be submitted and approved for the single- family attached and townhome structures prior to submittal of building permit applications. c. The front yard of each individual lot shall be landscaped with a combination of lawn, groundcover, shrubs and trees as set forth in the TMISAP (see 3-37). d. The Homeowner's Association shall be responsible for the maintenance of all landscaping within the development including that on individual homeowner lots as proposed by the Applicant. e. All structures in this development shall have pitched roofs with symmetrical hips or gables,with a pitch between 4:12 and 12:12 and have an overhang of at least 12 inches up to a maximum of 2.5 feet beyond the facade of the building. Roof brackets and rafter tails are encouraged as set forth in the TMISAP (see 3-41). £ �z„wTo-gGarages must be aeeessed from the f rA the R o shall be ,,e tea n loss th *20 feet behind the pr-iraai=y fagade of the residential stmetur-e shall be designed with two (2) separate garage doors as set forth in the TMISAP(see 3-33). g. Public art with a high quality of design shall be incorporated into the design of streetscape along W. Franklin Rd. as set forth in the TMISAP (see 3-47). h. The temporary right-of-way easement via W. Franklin Rd. over the common lot(Lot 9, Block 6) shall be released when a local street connection is constructed to this site from a neighboring development; at such time,the easement shall be released and access will be restricted to emergency and pedestrian access only. 2. The final plat shall include the following revisions: a. Provide detached sidewalks with 6' (with root barriers)or 8' (without root barriers)wide parkways along all internal streets in accord with the standards listed in UDC 11-3A-17E. b. Zero lot lines should be depicted on the plat where single-family attached and townhome structures are proposed to span across lot lines. c. Include a note that prohibits direct lot access via W. Franklin Rd. other than emergency access once local street access is available from an adjacent property. Page 33 Page 416 Meridian City Council Meeting Agenda July 7,2020— Page 317 of 814 Item#9. 3. The landscape plan submitted with the final plat shall include the following revisions: a. Provide detached sidewalks with 6' (with root barriers)or 8' (without root barriers)wide parkways along all internal streets within the development in accord with the standards listed in UDC 11-3A-17E; landscaping shall be depicted in parkways in accord with the standards listed in UDC 11-3B-7C. b. Depict grass within Lot 1,Block 1 and Lot 1,Block 5 where the Purdam Drain is located,if allowed by NMID. If not allowed, submit a letter from the Irrigation District to that effect. c. Landscaping is required in common open space areas in accord with the standards listed in UDC 11-3G-3E. Trees are proposed exceeding UDC standards; however,detailed calculations should be included in the Landscape Requirements table demonstrating compliance. 4. The Applicant shall provide children's play equipment as an amenity for this development as proposed per the detail in Section VIII.D. 5. All alleys shall be constructed in accord with the standards listed in UDC 11-6C-3B.5. All alleys shall be signed"No Parking Fire Lane"and have an address sign at each entrance to the alley; each residence that has a back to an alley shall have an address posted on the front of the building as well as on the alley side. B. PUBLIC WORKS 1. Site Specific Conditions of Approval 1.1 Each individual townhouse unit shall be independently connected to sanitary sewer and water services. 1.2 After consultation with the applicant regarding the Geo Technical investigation, it is highly recommended that slab on grade foundations be installed within this development to avoid any groundwater intrusion. 2. General Conditions of Approval 2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 Per Meridian City Code(MCC),the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 2.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way(include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat,but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement(on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor,which must include the area of the easement(marked EXHIBIT A)and an 81/2"x 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. Page 34 Page 417 Meridian City Council Meeting Agenda July 7,2020— Page 318 of 814 Item#9. 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. 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. Page 35 Page 418 Meridian City Council Meeting Agenda July 7,2020— Page 319 of 814 Item#9. 2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.20 At the completion of the project,the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.21 A street light plan will need to be included in the civil construction plans. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting.A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272. 2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125%of the total construction cost for all incomplete sewer,water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit,cash deposit or bond. Applicant must file an application for surety,which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 2.23 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20%of the total construction cost for all completed sewer,water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety,which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. C. FIRE DEPARTMENT https://weblink.meridianciby.org/WebLink/Doc View.aspx?id=186954&dbid=0&repo=MeridianCioX D. POLICE DEPARTMENT https://weblink.meridiancity.org/WebLink/Doc View.aspx?id=186904&dbid=0&repo=MeridianCity E. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID) https://weblink.meridiancity.org/WebLink/Doc View.aspx?id=187799&dbid=0&repo=Meridian City F. CENTRAL DISTRICT HEALTH DEPARTMENT(CDHD) https://weblink.meridiancitE.orglWebLinkIDocView.aspx?id=187420&dbid=0&repo=MeridianCioy G. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ) https://weblink.meridiancity.org/WebLink/Doc View.aspx?id=18 75 73&dbid=0&repo=Meridian City H. WEST ADA SCHOOL DISTRICT(WASD) https://weblink.meridiancit E.orglWebLinkIDocView.aspx?id=187588&dbid=0&repo=MeridianCiCE Page 36 — Page 419 Meridian City Council Meeting Agenda July 7,2020— Page 320 of 814 Item#9. I. ADA COUNTY HIGHWAY DISTRICT(ACHD) https:llweblink.meridianciU.orglWebLinkIDocView.aspx?id=189350&dbid=0&repo=MeridianCiV X. 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 Council finds the proposal to annex the subject 4.97 acre property with R-15 zoning and develop single-family attached and townhome dwellings on the site at a gross density of 8.65 units per acre is consistent with the associated MHDR FLUM designation for this property. (See section V above for more information) 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council finds the proposed map amendment and development complies with the purpose statement of the residential districts in that it will contribute to the range of housing opportunities for the community consistent with the Comprehensive Plan. 3. The map amendment shall not be materially detrimental to the public health,safety, and welfare; The City Council finds the proposed map amendment should not be detrimental to the public health, safety and welfare as the proposed residential uses should be compatible with adjacent existing and future residential uses in the area. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the city including,but not limited to, school districts; and The City Council finds City services are available to be provided to this development. 5. The annexation(as applicable)is in the best interest of city. The City Council finds the proposed annexation is in the best interest of the City. B. Preliminary Plat(UDC 11-613-6) In consideration of a preliminary plat,combined preliminary and final plat, or short plat,the decision making body shall make the following findings: (Ord. 05-1170, 8-30-2005, eff. 9-15-2005) 1. The plat is in conformance with the comprehensive plan and is consistent with this unified development code; (Ord.08-1372,7-8-2008,eff. 7-8-2008) The City Council finds the proposed plat is generally in conformance with the UDC if the Applicant complies with the Development Agreement provisions and conditions of approval in Section VIII. Page 37 — Page 420 Meridian City Council Meeting Agenda July 7,2020— Page 321 of 814 Item#9. 2. Public services are available or can be made available ad are adequate to accommodate the proposed development; The City Council finds public services can be made available to the subject property and will be adequate to accommodate the proposed development. 3. The plat is in conformance with scheduled public improvements in accord with the city's capital improvement program; The City Council finds the proposed plat is in substantial conformance with scheduled public improvements in accord with the City's CIP. 4. There is public financial capability of supporting services for the proposed development; The City Council finds there is public financial capability of supporting services for the proposed development. 5. The development will not be detrimental to the public health,safety or general welfare; and The City Council finds the proposed development will not be detrimental to the public health, safety or general welfare. 6. The development preserves significant natural, scenic or historic features. The City Council is unaware of any significant natural, scenic or historic features that need to be preserved with this development. — Page 38 — Page 421 Meridian City Council Meeting Agenda July 7,2020— Page 322 of 814