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Delano Subdivision (H-2019-0027) Development Agreement (2020-131190)ADA COUNTY RECORDER Phil McGrane 2020-131190 BOISE IDAHO Pgs=70 KRISTINA LOWRY 10/02/2020 08:17 AM CITY OF MERIDIAN, IDAHO NO FEE DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Norm Cook and Eddy Bollinger, Owners 4. Boll Cook Investments LLC, Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this 29th day of September , 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 Norm Cook, whose address is 14120 W. Jasmine Lane, Boise, Idaho, 83713 and Eddy Bollinger whose address is 2800 E. Jasmine Ln, Meridian, Idaho 83646, hereinafter called OWNERS and Boll Cook Investments, LLC, whose address is 251 E. Front Street, Boise, Idaho 83701 hereinafter called DEVELOPER. l . RECITALS: 1.1 WHEREAS, Owners are the sole owners, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A", which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property; and 1.2 WHEREAS, Idaho Code § 67-6511 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 of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section 11-513-3 of the Unified Development Code ("UDC"), which authorizes development agreements upon the annexation and/or re -zoning of land; and 1.4 WHEREAS, Owners and/or Developer have submitted an application for a annexation and zoning of 15.22 acres of land with an R-8 (medium density residential), R-15 (medium high density) and R-40 (high density residential) zoning districts 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 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 DEVELOPMENT AGREEMENT —DELANO SUBDIVISION (H-2019-0027) PAGE 1 OF 10 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 1.7 WHEREAS, on the l II" day of August, 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 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 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 December 19, 2019, Resolution No. 19-2179, 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 OWNERS: means and refers to Norm Cook, whose address is 14120 W. Jasmine Lane, Boise, Idaho, 83713 and Eddy Bollinger whose address is DEVELOPMENT AGREEMENT - DELANO SUBDIVISION (H-2019-0027) PAGE 2 OF 10 2800 E. Jasmine Lane, Meridian, Idaho, 83646, the parties that own said Property and shall include any subsequent owner(s) of the Property. 3.3 DEVELOPER: means and refers to Boll Cook Investments, LLC, whose address is 251 E. Front Street, Boise, Idaho, 83701, the party that is developing said Property and shall include any subsequent 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 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. 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, phasing plan, landscape plan and conceptual building elevations included in Section V II of the Staff Report that is attached to the Findings of Fact and Conclusions of Law attached hereto as Exhibit "B" and the provisions contained herein. b. A Conditional Use Permit is required to be submitted and approved for the multi- family development prior to application for Certificate of Zoning Compliance and Design Review. c. All multi -family structures shall comply with the design standards listed in the Architectural Standards Manual. An application for Design Review and Certificate of Zoning Compliance shall be submitted and approved for all multi -family structures prior to submittal of building permit applications. d. Single-family homes along the west and north perimeter boundaries of the development shall be restricted to a single -story in height as proposed by the Developer. Homes along the west boundary are allowed to have a bonus room but no rear facing windows shall be allowed for the bonus room. e. The rear and/or side of 2-story structures on Lots 8-12, Block 1 and Lot 2, Block 5 that face N. Centrepointe Way shall incorporate articulation through changes in two or DEVELOPMENT AGREEMENT — DELANO SUBDIVISION (H-201 9-0027) PAGE 3 OF 10 more of the following: modulation (e.g. projections, recesses, step -backs, pop -outs), bays, banding, porches, balconies, material types, or other integrated architectural elements to break up monotonous wall planes and roof lines. Single -story structures are exempt from this requirement. f. The construction of N. Centrepointe Way from the southern boundary to the northern boundary of the annexation area (stub to Wong parcel #R4582530100) shall occur with the first phase of development. g. Emergency access via Dashwood P1. at the north boundary of the development shall be provided with the first phase of development. Dashwood PI, is not required to be extended as a public street (now or in the future) and will serve as an emergency and pedestrian access only. h. The R-8 and R-15 zoned property totaling 11.3+/- acres shall provide a minimum of 1.13 acres and the R-40 zoned property totaling 3.6+1- acres shall provide a minimum of 0.36 of an acre of qualified open space in addition to the open space required in UDC 11-4-3-27C for multi -family developments. i. Provide vehicular connection to the property to the east (Parcel #R4582530202) through the R-40 zoned property via a local street or a driveway as set forth in UDC I I-3A-3A.3. if a driveway is provided, provide a cross-access/ingress-egress easement to that property; submit a recorded copy of the easement to the Planning Division prior to signature on the final plat by the City Engineer. j. No building permits shall be issued on this site until the underlying property is recorded in a final plat 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 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 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. DEVELOPMENT AGREEMENT --- DELANO SUBDIVISION (H-2019-0027) PAGE 4 OF 10 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 Property and upon City's compliance with all applicable laws, ordinances and rules, including any applicable provisions of Idaho Code §§ 67-6509 and 67-651 1. 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 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 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. S. 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 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. IL 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 DEVELOPMENT AGREEMENT—DELANO SUBDIVISION (H-2019-0027) PAGE 5 OF tO 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 of performance is provided by Owner and/or Developer to the City in accordance with Paragraph I 1 above. 13. ABIDE BY ALL CITY ORDINANCES: That Owner and/or Developer agree to abide by all ordinances of the City of Meridian unless otherwise provided by this Agreement. 14. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: City Clerk City of Meridian 33 E. Broadway Ave. Meridian, Idaho 83642 OWNERS: Norm Cook 14120 W. Jasmine Lane Boise, Idaho 83713 with copy to: City Attorney City of Meridian 33 E. Broadway Avenue Meridian, Idaho 83642 DEVELOPER: Boll Cook Investments, LLC 251 E. Front Street Boise, ID 83701 Eddy Bollinger 2800 E. Jasmine Lane Meridian, ID 83646 14.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent 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. DEVELOPMENT AGREEMENT — DELANO SUBDIVISION (H-2019-0027) PAGE 6 OF 10 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 and/or Developer and City relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owner and/or Developer and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by thern or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. 21.1 No condition governing the uses and/or conditions governing re -zoning of the subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Cleric. [end of text; signatures, acknowledgements, and Exhibits A and B follow] DEVELOPMENT AGREEMENT — DELANO SUBDIVISION (H-2019-4027) PAGE 7 OF 10 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. DEVELOPER: BOLL COOK INVESTMENTS LLC, an Idaho limited liability company By: Boll Cook Management LLC, an Idaho limited liability company Its: Manager By: Hetbe Clark Its: Manager CITY OF MERIDIAN A'r-fEST: IA By: S Mayor Robert E. Chris JohnsoT, City C STATE OF IDAHO =1 's �-s County of Ada J On this 291�1 day of September 2020, before me, a Notary Public, perso na I Ily 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 t h e i nst rum ent on behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, 11 have hereunto set me hand and affixed my official seal the day and ye a r Ti n thus certificate first above written, Na&ycWo-q CHARLENE WAY Notary Public for Idaho COMMISSION # 67390 Residing at: Meridian NOTARY PUBLIC Commission expires: 3-28-2022 STATE OF IDAHO MY COMMISSION EXPIRES 3128122 (SEAL) STATE OF IDAHO ) ss: County of Ada ) On this Ap day of y� 2020, before me, the undersigned, a Notary Public in and for said State, personally appeared Norm Cool, known or identified to me to be the person who signed above and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I�#Mikl%unto set my hand and affixed my official seal the day and year in this certificate first above written. �•'� ""�{� ��►.�Nr �I"` (SEAL) hilt' (7TARip OD.4M P(JRLie, STATE OF IDAHO } ss: "urns County of Ada } zaot�L � -- Notary Public for Idaho 4 Residing at: r j—A v� My Commission Expires: �! r On this 140 day of 2020, before nie, the undersigned, a Notary Public in and for said State, personally appeared Eddy Rollin r known or identified to nie to be the person who signed above and acknowledged to me that lie executed the same. IN WITNESS W certificate first above writl (SEAL) STATE OF IDAHO ss: County of Ada set my hand and affixed my official seal the day and year in this `rf+r N�PulicIdAo 11#4{a Residing at: My Commission Expires: �l0 On this day of 2020, before me, the undersigned, a Notary Public in and for said State, personally appeared 1 r Clark known or identified to me to be the Manager of Boll Conk Investments L[,C and the person who signed a o ai d acknowledged to rue that he executed the sauce on behalf of said Corporation. ;OF, I have hereunto set my hand and affixed my official seal the day and year in this A'Yt�o'acA&� Notary Vublic for Idaho Residing at: A90i-Sf . My Commission Expires: 2- CLANo SUBDIVISION (H-2019-0027) PAGE 9 of 10 Item #4. EXHIBIT A Annexation & Zoning Legal Description and Exhibit Map REVISED 5awtooth Land 5urveyling, LLC , P030 `J. Vv' ,5h n,_, Co 1 A�c:,. Emt ie tt, ID r)3G 1 -l� y';fr � .�l � '/' P: ��f �'� .:�``���-b i �'1 �. ��C.•�'?1 5`J�_� I �ih Delano Zoning R-8 Description BASIS OF BEARING for this description is South 89139"12" West, between the illegible brass tap marking the E1/4 Corner of Section 32 and the 5/8" rebar PLS 4431, marking the C1 j4 Corner of Section 32, both In T. 4 N., R. 1 E., B.M., Ada County, Idaho. A parcel of land being a portion of Lot 3, Block 1 of Jasmine Acres, as shown in Book 59 of Plats, at Page 5829, Ada County Records, and a portion of the SE1/4 of Section 32, T. 4 N., R. 1 E., B.M., Ada County, Idaho, more particularly described as follows: COMMENCING at the illegible brass cap marking the E1J4 Corner of said Section 32; Thence South 89039'12" West, coincident with the north line of said SE1/4 of Section 32, a distance of 1026.20 feet to the northwest corner of Lot 1, Block 1 of said Jasmine .Acres and the POINT OF BEGINNING; Thence South 0020'48" East, coincident with the west line of said Lot 1, a distance of 125.59 feet; Thence South 89°42'00" West, parallel with the south line of said Lot 3, a distance of 121.45 feet; Thence South 491130'16" West, 20.50 feet to the beginning of a non -tangent cure to the left; Thence 43.46 feet along the arc of said curve, with a radius of 50.00 feet, a central angle of 49048'18", subtended by a chord bearing North 65023'51" West, 42,11 feet; Thence South 89°42'00" West, parallel with said south line of Lot 3, a distance of 382.00 feet to the beginning of a tangent curve to the left; Thence 78.54 feet along the arc of said curve, with a radius of 50.00 feet, a central angle of 90000'00", subtended by a chord bearing South 44142'00" West, 70.71 feet; Thence South 00118'00" East, 372.09 feet, - Thence South 89042'00" West, parallel with said south line of Lot 3, a distance of 109.27 feet to the beginning of a tangent curve to the right; Thence 14.35 feet along the arc of said curve, with a radius of 50.00 feet, a central angle of 1612624", subtended by a chord bearing North 82104'48" West, 14.30 feet; Thence North 73°51'36" West, 18.22 feet to the westerly line of said Lot 3; Thence North 16'08'24" East, coincident with the common line of said Lots 3 and 4, Block 1, Jasmine Acres, 25.45 feet to the northernmost common corner of said Lots 3 and 4; PA201808094-DELANO SUBDIVISION-C(4'IC15urveytQrawings'�Descriptions%18094 zoning r-8 desc.dacx I� Page 1 Thence North 1010'44" East, coincident with the east boundary line of said Lot 4, a distance of 511.15 to the northeast corner of said Lot 4, which is on said north line of the 5171/4; Thence North 89039'12" East, coincident with said north line of the SE1/4, a distance of 727,70 feet to the POINT OF BEGINNING. The above described parcel contains 3.31 acres, more or less. PA2018MOA-DELANO SUBDIVISION-CMGlSurvey%Drawing$%Degcripticns118094 zoning r-8 desc.docx I I r , 12 Delano Subdivision H-2019-0027 -------------------------------------------------------------------------------------------------------------------------------------------------- Page 2 MUS OF BEARING S BrW9 22" W 1656.94' 777,70' POINr OF W'GfWNG SOPW12' W IM20' SECv %r 32 9MO4' ZONING ✓R-8 r 1/4 COAVER c W4 CORNER 3.31 AC* 7-10F --------- 4 LI LOT 1, BLOW j 14SMAE ACRES tat 4, MDM I In 4 afi4T TABU --Wffgp,—mw- imp L07 Lur Jr, BLGCiC I U. ......... SE CORRIER SEC -V NTS 11574 of V DELANO ZONING R-8 BOUNDARY T. 4 N., R. I E., B.M, ADA COUNTY, IDAHO Delano Subdivision H-2019-0027 AA. 2030.5. WASHINGTON AVE. 'J'Y" ' �EY&;;K EMMETT ID 83617 18094-EX INVESTMENTS, LLC P. �20) 396-8104 mwjL;cT# AV& F. 2088) 398-8105 18094 WT—E.- 15AW—r001W SHMT 312020 o blluvGyi a GGG WWW.S4WT007'HtS.COM I OF I Page 3 5awtooth Land 5urveying, LLC R-15 Re -Zone Description BASIS OF BEARING for this description is South 89"39'12" West, from the illegible brass cap marking the E1/4 Corner of section 32 and the 5/8" rebar PLS 4431 marking the C1/4 Corner of Section 32, both in T. 4 N., R. 1 E., B.M., Ada County, Idaho. A parcel of land being a portion of Lot 3, Block 1 of Jasmine Acres, as shown in Book 59 of Plats, at Page 5929, Ada County Records, and a portion of the N1/2 of the 5112 of Section 32, T. 4 N., R. 1 F., B.M., Ada County, Idaho, more particularly described as follows: COMMENCING at the illegible brass cap marking the E1/4 Corner of said Section 32; Thence South 89039'12" West, coincident with the center of Section line of said Section 32, a distance of 1026.20 feet to the northwest corner of Lot 1, Block 1 of said Jasmine Acres; Thence South 0420'48" East, coincident with the west boundary line of said Lot 1, a distance of 125,59 feet to the POINT OF BEGINNING; Thence continuing South 0°20'48" East, coincident with the west boundary line of said Lot 1, a distance of 221.24 feet to the northwest corner of said Lot 3; North 89"42'00" East, coincident with the north boundary line of said Lot 3, a distance of 43.10 feet; Thence south 0018'00" East, 316.85 feet to the south boundary line of said Lot 3; Thence South 89042'00" West, coincident with the south boundary line of said Lot 3, a distance of 684.43 feet; Thence North 48'11'00" West, coincident with the south boundary line of said Lot 3, a distance of 154.02 feet to the southernmost common corner of Lots 3 and 4 of said Jasmine Acres; Thence North 16"08'24" East, coincident with the common boundary line of Lots 3 and 4, Block 1, Jasmine Acres, 25.45 feet; Thence South 73"51'36" East, 18.21 feet to the beginning of a tangent curve to the left; Thence 14.35 feet along the arc of said curve, with a radius of 50.00 feet, a central angle of 164262.4", subtended by a chord bearing South 821104'48" East, 14.30 feet; Thence North 89"42'00" East, parallel with said south boundary line, 109.27 feet, - Thence North 01118'00" west, 372.09 feet to the beginning of a tangent curve to the right; P:12D18118094-DELAN0 SUBDIVISION-CMG\Sure+ey;DrawingslE)escriptions118094 R-15 RE -ZONE DESCRIPTION.docx 11 Delano Subdivision H-2019-0027 page 4 Thence 78.54 feet along the arc of said Curve, with a radius of 50.00 feet, a central angle of 90000,00", subtended by chord bearing North 441142D0^East, 70J1 feet; Thence North 8914210^ East, parallel wth said south boundary ||ns\ 382,00 feet to the beginning of tangent curve tothe right; Thence 43,46feet along the arc ofsaid curve, with aradius ofSQ.UUfeet, mcentm|angle of49"48'1B^, subtended by chord bearing South 651133'51~East, 43.11feet, Thence North 4g"30'lQ^East, ZO.S0feet; Thence North 89^43100" East, parallel with said south boundary line, 121.45 feet to the POINT OF BEGINNING. The above described parcel contaims8.l2 acres, more o, less, :�1,20l8\1m094-DsLAND SuBDIVIS|ON-CMGkSufveykorawingo%Descriptions�1ao94e15 RE-ZCNE DESCR|PT|Ow.uoox ' �|2 � Delano Subdivision B'2019'OU27 -T-c 32 qmw, 1/1 ca-wa MM OF 9EARUWG '5 BP39'12'W 2OX94.. . . . . . . . . No-Ou-E 727,M' X W42=" C2 LOT tfLLOCK I R-15 8.12 AC Gd RL w M4.43- UW TAME DUkM TAKE DELANO ZONING R-15 BOUNDARY T. 4 N., R. I E., S.M., ADA COUNTY, IDAHO E J/4 MV&R WG Lcr 1, BLOCK 1 14SWWACRES LUT3, MNx I I SE GOWN swc 32 "MCKAMMLLAMW 2030 S. WASHINGTON AVE. DKIG 10 BOLL COOK EMMETT, ID 83617 18094-19( tNVE$TMENTS, LLC P: (20 398-8104 —PRMECT* A- &, F.- (A411398-8105 IBM rarer 312020 4Z-'- WWW.5AWTOOTHL5COM I OF I Delano Subdivision H-2019-0027 - Page 6 Sawtooth Lana Surveyln-�, LLG rr 2030 5. 'Wifhinjtnn Ave. 044 Ncrth<<��e',t Hlv d„ Ste. G 4 ! I " Arenue E,,�A Pmrnett, IN 83n J ,0er�r d'Al, e, ID 838I � Jcrurric, 'U �i3:338 P: ;P05) 3,38 Bi 04 ? (208) 71 rl 4 It P: (208) 329-5303 r: 1'08) 398-81 LDS F: ;208; 292 4453 r: (208) :322 :3132 R-40 Re -Zone Description BASIS OF BEARING for this description is South 89039'12" west, from the illegible brass cap marking the E1/4 Corner of Section 32 and the 5/8" rebar PL5 4431 marking the C1/4 Corner of Section 32, both in T. 4 N., R. 1 E., B.M., Ada County, Idaho. A parcel of land being a portion of Lot 3, Block 1 of Jasmine Acres, as shown in Book 59 of Plats, at Page 5829, Ada County Records, located in the NE1/4 of the 5E1/4 of Section 32, T. 4 N., R. 1 E., B.M., Ada County, Idaho, more particularly described as follows: COMMENCING at the illegible brass carp marking the E1/4 Corner of said Section 32; Thence South 891139'12" West, coincident with the north line of said SE114 of Section 32, a distance of 1026.20 feet to the northwest corner of Lot 1, Block 1 of said Jasmine Acres; Thence South 0"20'48" East, coincident with the west boundary line of said Lot 1, a distance of 346.83 feet to the northwest comer of said Lot 3; Thence North 89042'00" East, coincident with the north boundary line of said Lot 3, a distance of 43.10 feet to the POINT OF BEGINNING; Thence continuing, North 89"42'00" East, coincident with said north boundary line of Lot 3, a distance of 521.16 feet to the northeast corner of said Lot 3; Thence South 0001'00" East, coincident with the east boundary line of said Lot 3, a distance of 316.85 feet to the southeast corner of said Lot 3; Thence South 89042'00"'West, coincident with the south boundary line of said Lot 3, a distance of 519.60 feet; Thence North 001118'00" West, 316.85 feet to the POINT OF BEGINNING. The above described parcel contains 3.79 acres, more or less. P°\2018\18094-DELANO SUBDIVIISION-CMG1SurveylDrawingslDesclriptions118094 R-40 RE -ZONE DESCRIPTION.docx 11 Delano Subdivision H-2019-0027 page 7 a4m OF . . . . . . S 89'3972- W 26RL94� . . . . . . ................ 16C 12 I NW3912'E 727,7ff 5 8r391ir IN _Vc 32 E 1/4 CORNER C 114 CORNER O Lar 1, ADCK 1 ACRES -USMINE aOC", LINE TAMET —N4"2WE 521.16' 12 153NNJA,� EL R: LOT 3, EILOOK I R-40 3,79 ACE L07-3, SLOW I FJA$MJWLN NEFR SeC32 NTS rs 1 1574 om 0 PRWECT.' OWNEWDEMDM: 2030 S. WASHINGTON AVE, ' BOLL COOK EMME7T ID 83617 DwG # 18094-E)( ,p )"t %10 DELANO ZONING R-40 BOUNDARY INVESTMENTS, LLC A P., (206 -8104 399 PRojEcr# of SEA T. 4 NOR. 1 E., B.M., (20V F: 398-8105 18094 ADA COUNTY. IDAHO DATE, 312020 WWW.SAWTOOTHLS.COM I OF I Delano Subdivision H-2019-0027 - Page 8 ttem #4. EXHIBIT B CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW + , AND DECISION & ORDER In the Matter of the Request for Annexation of 15.22 Acres of Land with R-8 (3.31 Acres), R-15 (8.12 Acres) and R-40 (3.79 Acres) Zoning Districts; and Preliminary Plat Consisting of Sixty Six (66) Buildable Lots for Single -Family Detached Homes, One (1) Buildable Lot for a Multi -Family Development, Eight (8) Common Lots and Two (2) Other Lots on 15.22 Acres of Land in the R-8, R-15 and R-40 Zoning Districts for Delano Subdivision, by Boll Cook Investments, LLC. Case No(s). H-2019-0027 For the City Council Hearing Date of: July 28, 2020 (Findings on August 11, 2020) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of July 28, 2020, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of July 28, 2020, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of July 28, 2020, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of July 28, 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 § I I-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 DELANO SUBDIVISION — AZ, PP H-2019-0027 - I - Page 69 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of July 28, 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 § I I-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 & zoning and preliminary plat is hereby approved with the requirement of a Development Agreement per the provisions in the Staff Report for the hearing date of July 28, 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 11-6B-7B). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A, the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two (2) years. Additional time extensions up to two (2) years as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again (UDC 1I- 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. FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FOR DELANO SUBDIVISION — AZ, PP H-2019-0027 -2- Page 70 A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six (6) month approval period. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of July 28, 2020 FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FOR DELANO SUBDIVISION — AZ, PP H-2019-0027 - 3 - Page 71 By action of the City Council at its regular meeting held on the 2020. COUNCIL PRESIDENT TREG BERNT COUNCIL VICE PRESIDENT BRAD HOAGLUN COUNCIL MEMBER JESSICA PERREAULT COUNCIL MEMBER LUKE CAVENER COUNCIL MEMBER JOE BORTON COUNCIL MEMBER LIZ STRADER MAYOR ROBERT SIMISON (TIE BREAKER) Attest: , r 4,, r ( I SFAI Chris Johnsoni City Clerk 1 lth day of August Mayor Robert E. i on VOTED AYE VOTED AYE VOTED AYE VOTED AYE VOTED AYE VOTED AYE VOTED Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. BY f . p - (U Dated: City Clerk's Office J", 1►1 FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FOR DELANO SUBDIVISION — AZ, PP H-2019-0027 - 4 - Page 72 ltem#5. EXHIBIT A STAFF REPORT E II�IAN-� COMMUNITY DEVELOPMENT DEPARTMENT f 0 A H HEARING July 28,2020 _ r-- Y� Legend DATE: TO: Mayor&City Councilal FROM: Sonya Allen,Associate Planner r 'rr',?�' ►' �;1 20,4-k,44-j533 Bruce Freckleton, Development Services Manager 0 ., 20 -887-2-'11 ► -- SUBJECT: H-2019-0027 Delano Subdivision LOCATION: 2800& 14120 W. Jasmine Ln. History: This project was originally heard by the Commission on May 2, and.hrly 18, 2019;at the hearing on July 18', the Commission voted to recommend denial of the project to City Council, The City Council heard the project on November 12, 2019; at that hearing, Council voted to remand the project back to the Commission to address the density issue oj'the proposed development and for Commission's review of a revised plat with changes to lots proposed along the northern boundary oj'the subdivision that Pont on E. Delta Street(e.g. single-story, detached units, lose a lot(s)). (See pg. 16 for more injbnnation) Update: The Applicant submitted revised plans,far the Commission hearing based on discussion at the Citv Council hearing and meetings with the neighbors, included in Section VII. The revisions include a reduction in the number of buildable lotsfr�om 85 to 66; a change to the proposed zoning(the portion oj' the site along the north &west boundaries previously proposed to be zoned R-15 is now proposed to be zoned R-8); and a change to the conceptual building elevations. Staff has updated the subject staff report based on the revised plans—original text that is no longer applicable is shown in.strike-out and new text is.shown in underline-format. The conditions of approval in Section VIII are not in strike-outlunderline.format as there were no conditions that went forward to Council because the Commission recommended denial of the project: new conditions are included in accord with the revised plans based on those originally recommended by Staff to the Commission for the May 2, 2019 hearing. A surnmary of the Commission hearing on April 16, 2020 is included on page 18. I. PROJECT DESCRIPTION Comprehensive Plan map amendment to inelude 4.10 aci!es of land eurrently in Boise's Area of City impae!and planning area in Meridian's planning area with a Mixed Use Regional Future Land Use Map ; Note: The Comprehensive Plan Map amendment application is no longer needed as Page i the Future Land Use Map (FL UM) was amended with the new Comprehenisve Plan to include an MU-R FL UM designation for this property. Annexation & zoning of 15.22 acres of land with R-8 (3.31 acres), R-15 (11.57 8.12 acres) and R-40 (3-64 3.79 acres) zoning districts; and, Preliminary plat consisting of 8S 66 single-family residential building lots, 1 building lot for a 96-unit multi -family developments ^12 8 common lots and 2 other (common driveway) lots on 15.22 acres of land in the R-8, R-15 and R-40 zoning districts. II. SUMMARY OF REPORT 1. Project Summary Acreage Future Land Use Designation Existing Land Use Proposed Land Use(s) Current Zoning Proposed Zoning Details 15.22 MDR (Medium Density Residential) in City of Nile -:a; & Mixed Use - Regional (MU-R) n C;+y 443-ei o 2 existing homes & accessory structures Single-family residential (SFR), attached A, detae4wd) and conceptual multi -family residential (MFR) RUT in Ada County R-8,R-15 & R-40 Lots (# and type; bldg/common) 8-5 66 SFR building/128 common/1 MFR building and 2 other Phasing plan (# of phases) Yes; 23 phases Number of Residential Units (type 444 66 SFR detached units (19 attae e 67 Beta hed SFR-,and of units) 96 MFR apartments) Density (gross & net) 7-.35 5_7 (SFR, R-8 & R-15) & 27 (MFR, R-40) gross v , c) Q, 27 v nm o+ 8.12 1 9 units/acre; (SFR, (MFR, units/acre (SFR) (net) Open Space (acres, total [%] / See Analysis, Section V.3 buffer / qualified) Amenities Shade s+..,,,.ture (2) benches, play structures, pedestrian walls See Analysis, Section V.3 Physical Features (waterways, None hazards, flood plain, hillside) Neighborhood meeting date; # of February 25, 2019; 92 attendees attendees: Applicant met with the Alpine Pointe HOA Board on December 16" and 23rd, 2019; the revised plan was presented to the HOA Board on February 18', 2020 - 30+/- people attended (an official neighborhood meeting was not held as it wasn't required). History (previous approvals) None Page 2 2. Community Metrics Description I Details Page Ada County Highway District • Staff report No Yes (yes/no) • Requires ACHD Yes (te ntati e4, sehe l„led to be heard on May 22, 2019) Commission This project is being heard by the ACHD Commission because of Action (yes/no) objections from neighbors pertaining to the extension of Dashwood Pl. and connectivity to Centrepointe Way Fire Service • Distance to Fire L-34 miles from Fire Station #3 (can meet the response time requirements) Station • Fire Response 3 minutes under ideal conditions Time • Resource 82% from Fire Station #3 - does meet the target goal of 8-580% or Reliability greater • Risk 21 (SFRre4a4) and 4 (MFR) current resources would not be Identification adequate to supply service to the proposed project; (see comments in Section VIILC) • Accessibility Meets requirements; FTC is eoneemed as there is no visiter- par -king in the development in in that blook to resulting people par -king areas may aeeess �s��es. See additional comments in Section VIILC. • Special/resource ;mot The MFR portion of the project will require an aerial device (see comments in Section VIILC) needs • Water Supply Requires 1,000 gallons per minute for 1 hour (may be less if building is sprinklered) • Other Resources NA Police Service • Distance to 5 miles Police Station • Police Response 4:30 minutes Time • Calls for Service 0904 in RD `M724' • Accessibility PD has no issues with proposed access • Specialty/resourc No additional resources are needed; MPD already services this area. e needs • Crimes 0119 • Crashes 026 West Ada School District • Distance (elem, Discovery Elementary - 2.93 miles; Heritage Middle School - 3.4-6 miles; ms, hs) Rocky Mountain High School - 5-56_2 miles • Capacity of Discovery Elementary 650; Heritage Middle School 1,000; Rocky Schools Mountain High School 1,800 • # of Students Discovery Elementary 5- 511; Heritage Middle School 1,541, 446; Rocky Enrolled Mountain High School 'z,44o2, 669 • Anticipated 68 school aged children generated by this Page 3 Wastewater • Distance to Sewer Services 0-feet • Sewer Shed Five Mile Trunkshed • Estimated 181 Project Sewer ERU's • WRRF 13.66 MGD Declining Balance • Project Yes Consistent with WW Master Plan/Facility Plan • Impacts & The following proposed manholes have less than 3' of cover: A-3, A-4, A - Concerns 5, C-1 and D-5. Public Works has previously discussed with the applicant the possibility of using grinder pumps in these shallow areas, but the plans do not note the use of them. If the parcel to the north of the multi -family is to be served by Meridian, applicant must stub sewer at minimum slope in N. Centrepointe Way to the north boundary line. Water • Distance to 0-feet Water Services • Pressure Zone 3 • Estimated See application information Project Water ERU's • Water Quality None • Project Yes Consistent with Water Master Plan • Impacts & Public Works has met with SUEZ Water and agreed that water service to Concerns the north for the multi -family portion of the development will be provided according to how annexation proceeds. Meridian will provide water in Meridian, and SUEZ will provide water in Boise. Page 4 I LIP I IPA1 . in Is I oil" 121111111141 It i1. ■� I all:• � J .li ' � '/�; - ■sS MtI1111"aa 11 kiN1■i 1 1■111f■1} 11 f1131:r■1111111111 r �1 ill fl-}ii ii l - llill�:■Ifllkllllf - �llt ■s■1111 I`11 lilt ll'1 11111/11/1 _ - ' lost Ili if-l-iM q*1 "• .- •• 2 - • _ •��.lua 7E! � nisi'' �Tr� e - �- - - 11111119 .� •I•r' - ` iZE��1 � i 1 li■i ~� I ■ .0 1 S a .,,r pap 1■= _ i r '! '1 r�r�rr .1!■1 Am AA.. � . .u■a. u■11 f■■n_ ism �r DrA ■�an.7 ua]■]rat� �".� a*11 u !Ctl unsu' �1 ii- lulwn>�` al �• r} J n1 i_11IT/ lii ifiu_ ':i111 f. 111 ■1 � IIIII _ - u�lr„ z. r u -- C t 1131 -.i•i.l.r� - .� I I f I I 1 1 I 1 I I I f 7¢11 ■lmn■1 o+�- • - - lrwr iww� _ 1 wad �■a- Y Nw1r HIII' s`r A yF 4�ry1/ 11 �+/kills• aiollr ■l�� fall! �.lfurl I• - 1■1i1� p navel ifsla! �_1l{u1lle R Alilfy; f r . !T I ili�1'k°' ! ..tar. aim `s.. glows Am-it 51 �• r IfFI - Y 11..1; a` r� hk 1X �Cy i■ r- ! 4 • Il 1 i t i 1 B. Owner: Norm Cook —14120 W. Jasmine Ln., Boise, ID 83713 Eddy Bollinger — 2800 E. Jasmine Ln., Meridian, ID 83646 C. Representative: Hethe Clark. Clark Wardle — 251 E. Front St.. Boise. ID 83701 IV. NOTICING Newspaper Notification Radius notification mailed to properties within 300 feet Public hearing notice sign posted on site Nextdoor posting V. STAFF ANALYSIS Planning & Zoning Posting Date City Council Posting Date 4/12/2019; 6/28/2019; 8/2/2019; 8/30/2019; 2/25/2020; 3/27/2020 4/24/2020 4/9/2019; 6/25/2019; 7/30/2019; 8/27/2019; 2/25/2020; 3/27/2020 4/21/2020 4/22/2019; 7/8/2019; 3/4/20; 9/6/2019; 11/01/2019; 4/4/20 4/29/2020 4/9/2019; 6/25/2019; 7/30/2019; 8/27/2019; 2/25/2020; 3/27/2020 4/22/2020 Since the hearing at Citv Council on November 12. 2019. the Citv adopted a new Comprehensive Plan, which included an amendment to the Future Land Use Map (FLUM) that assigned an MU- R designation to the majority of the property that lies east of Centrepointee Way. Therefore, the annlication for an amendment to the Comprehensive Plan is no longer reauired: Staff has deleted this section from the report 2. ANNEXATION & ZONING The applicant requests annexation and zoning of the 11.57 11.43 acres west of N. Centrepointe Way with an the R-8 (3.31 acres) and R-15 (11.57 8.12 acres) zoning districts; and the 5 acres east of N. Centrepointe Way with an R-40 zoning district (3-44 3.79 acres) consistent with the MDR and pfepased MU-R FLUM designations. Note: There is a small portion of the Cook parcel (east side of Centrepointe Wav) that on the FL UM does not have a designation. This was a mapping error and the entire Cook parcel is effectively designated MU-R. Comprehensive Plan (https: //www. meridiancity. or /g compplan): The Future Land Use Map (FLUM) designation for the portion of this site west of the extension of N. Centrepointe Way is Medium Density Residential (MDR) it the City of Me -ilia ; the portion of the site east of the extension of N. Centrepointe Way is etrffe-nt4y was previously located in the City of Boise's Area of City Impactboundary and i-swas designated General Mixed Page 6 Use. On October 29, 2019, the Boise City Council approved and adopted the resolution (RES- 521-19) to amend the land use map of Blueprint Boise to transfer this area from the City of Boise Area of City pact (AOCI) to the City of Meridian AOCL The recent amendment to the City of Meridian's FLUM included this property with a Mixed -Regional (MU-R) future land use designation. As noted in the pr-eviatis eeti ,r the n ...Bean. proposes t amend the F UM t designation. fir. The MDR designation allows smaller lots for residential purposes within City limits. Uses may include single-family homes at gross densities of 3 to 8 units per acre. The MU-R designation allows high density multi -family developments as supporting uses for higher intense commercial uses such as those to the south and east of this site along a major transportation corridor (i.e. Eagle Rd./SH-55) and near arterial intersections (i.e. McMillan/Eagle Rds. & Ustick/Eagle Rds.). Land Use: The proposed land use for this site is single-family residential (SFR) and a future multi -family residential (MFR) development (i.e. apartments). A total of 8566 (19 attaehed and 67 detached) SFR units at a gross density of 7465.7 units per acre, and a net density of 444 8.12 units per acre are proposed; and 96 apartment units are planned to develop in the future at a gross and net density of 27 units per acre. The proposed density is consistent with that desired in the MDR and MU-R designations respectively. Proposed Use Analysis: The proposed single-family dwellings (attaehed & detached) are listed as a principal permitted use in the R-8 and R-15 zoning districts; and the multi -family development is listed as a conditional use in the R-40 zoning district per UDC Table I-2A-2. Multi -family developments are subject to the specific use standards listed in UDC 11-4-3-27; compliance with these standards will be evaluated in the future through the conditional use permit process. Concept Plan: The Applicant submitted a concept development plan for the property to the north (Parcel # R4582530100) at Staff s request to demonstrate how the property could possibly redevelop with the extension of N. Centrepointe Way to the north as planned on the MSM (see Section VII.E). Transportation: The Master Street Map (MSM) depicts a planned north/south commercial collector street through this site from the south boundary to the north boundary eventually connecting to E. Wainwright Dr. for access via N. Eagle Rd./SH-55. The portion of Centrepointe Way proposed to be constructed with this development is consistent with the MSM. Comprehensive Plan Policies(https://www.meridiancioy.org/compplan): Goals, Objectives, & Action Items: Staff finds the following Comprehensive Plan policies to be applicable to this application and apply to the proposed use of this property (staff analysis in italics): • "Provide for a wide diversity of housing types (single-family, modular, mobile homes and multi -family arrangements) and choices between ownership and rental dwelling units for all income groups in a variety of locations suitable for residential development." (3.07.03B) AmixofSFRattaehedaii detached homes and MFR apartment units are proposed within this development which will provide ownership and rental options for various income groups in this area. Page 7 • "Provide housing options close to employment and shopping centers." (3.07.02D) The proposed development will provide housing options in close proximity to the employment and shopping center uses along the Eagle Rd. corridor. "Locate high -density development, where possible, near open space corridors or other permanent major open space and park facilities, Old Town, and near major access thoroughfares." (3.07.02L) The density proposed in the multi family portion of the development falls within the high density category. The site is located withinproximately a mile of rom Kleiner Memorial Park, a 60-acre City Park, and is in close proximity to N. Eagle Rd.ISH--55, a major access thoroughfare. • "Consider ACHD's Master Street Map (MSM) in all land use decisions." (3.03.04K) The MSM depicts a north/south collector street through this site; the proposed plan depicts a collector street in accord with the MSM. • "Require open space areas within all development." (6.01.01A) Qualified open space in accord with the minimum standards listed in UDC 11-3G-3 is required. • "Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City." (3.01.0117) The proposed development is contiguous to the City and urban services can be provided to this development. • "Restrict private curb cuts and access points on collectors and arterial streets." (3.06.02D) One (1) access is proposed on the west side of N. Centrepointe Way, a collector street, to the SFR portion of the development; and one (1) access is proposed on the east side of N. Centrepointe Way for the MFR portion of the development. Staff recommends local street access (or a driveway with a cross -access easement) is provided to the property (#R4582530202) abutting the R-40 zoned portion of the site as set forth in UDC 11-3A-3A.3, as the property currently onlv has access via Eagle Rd.ISH-55. "Coordinate with transportation agencies to ensure provision of services and transit development." (6.02.02H) This site is not currently served by public transportation. However, ValleyConnect 2.0 proposes bus service on Eagle Rd. from the Boise Research Center to downtown Kuna with 20 minute frequencies in the peak hour. The Closest bus stop would be less than ''2 mile from this site when that route is operational. "Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity as part of a community pathway system." (3.03.03B) There are no pathway connections to this development from adjacent developments to the north and south other than sidewalks adjacent to public streets. Staff recommends the Applicant coordinate with the Developer of the property to the south (Brickyard Apartments) to incorporate pedestrian connections between the two developments i.e. the single-family and the mulit-family developments) on each side of N. Centrepointe Way. In reviewing development applications, the following items will be considered in all Mixed Use areas, per the Comprehensive Plan (pgs. 23-24): (Staff's analysis in italics) • "Residential densities should be a minimum of six dwellings/acre." The gross density of the proposed MFR development is 27 units per acre which falls within the range desired in mixed use designated areas. Page 8 "Where feasible, higher density and/or multi -family residential development will be encouraged, especially for projects with the potential to serve as employment destination centers and when the project is adjacent to US 20/26, SH-55, SH-16 or SH-69." The proposed development incorporates a MFR component along with the SFR development and is in close proximity (i.e. 460 ) to N. Eagle Rd./SH--55. The proposed development will provide housing options for nearby employment centers. • "A conceptual site plan for the entire mixed -use area should be included in the application." A concept plan was included on the landscape plan for the future MFR development in conjunction with the SFR development currently proposed. • "In developments where multiple commercial and/or office buildings are proposed (not residential), the buildings should be arranged to create some form of common, usable area, such as a plaza or green space." This development does not include commercial/office buildings. "The site plan should depict a transitional use and/or landscaped buffering between commercial and existing low- or medium -density residential development." The proposed single family ^ffa� detached units with varying lot sizes and setbacks will provide a transition in density and lot sizes between larger single-family residential lots to the north and the townhomes/multi family lots to the south. This development does not include any commercial uses; however, the proposed multi family development on the eastern portion of the site will provide a transition between the proposed single-family attached and detached units and future commercial/mixed uses along Eagle Rd. "A mixed -use project should include at least three types of land uses [i.e. commercial (includes retail, restaurants, etc.), office, residential, civic (includes public open space, parks, entertainment venues, etc.), and industrial]. Exceptions may be granted for smaller sites on a case -by -case basis." The proposed developmentplan only includes one land use type (i.e. residential); however, etwo different types of residential units are proposed (i.e. single-family detached, a-tt and multi family apartment units). Within the overall mixed use designated area, which incorporates land on both sides of Eagle Rd./SH55 to the south to Fairview Ave., there are a mix of uses as desired consisting of commercial (retail, restaurants, etc.), office and residential uses. • "Community -serving facilities such as hospitals, churches, schools, parks, daycares, civic buildings, or public safety facilities are expected in larger mixed -use developments." This is a relatively small portion of the overall mixed use designated area; none of these types of uses are proposed on this site nor have they been developed on the adjacent mixed use designated area to the south. "Supportive and proportional public and/or quasi -public spaces and places including but not limited to parks, plazas, outdoor gathering areas, open space, libraries, and schools are expected; outdoor seating areas at restaurants do not count." The proposed plan does not incorporate public and/or quasi public spaces and places; the common area proposed in the residential development is owned by the Homeowner's Association and does not satisfy this requirement. These types of public spaces have been provided in the adjacent mixed use designated area to the south. "All mixed -use projects should be directly accessible to neighborhoods within the section by both vehicles and pedestrians." Page 9 The proposed development plan shows interconnectivity with the residential neighborhood to the north providing accessibility to the commercial development to the south via N. Centrepointe Way. "Street sections consistent with the Ada County Highway District Master Street Map are required within the Unified Development Code." The proposed development plan includes a north/south collector street (i.e. N. Centrepointe Way) consistent with the Master Street Map. "Because of the existing small lots within Old Town, development is not subject to the Mixed -Use standards listed herein." The proposed development is not within Old Town; therefore, this provision is not applicable. In reviewing development applications, the following items will be considered in MU-R areas, per the Comprehensive Plan (pg. 30): • "Development should comply with the general guidelines for development in all Mixed -Use areas." See analysis above. • "Residential uses should comprise a minimum of 10% of the development area at densities ranging from 6 to 40 units/acre." The proposed residential uses comprise 100% of the site. Densities of the SFR and MFR developments are in accord with this guideline. • "Retail commercial uses should comprise a maximum of 50% of the development area." No retail commercial uses are proposed with this development; however, the MU-R designated land to the south incorporates a large amount of retail commercial uses. • "There is neither a minimum nor a maximum imposed on non -retail commercial uses such as office, clean industry, or entertainment uses." No commercial uses are proposed with this development. Zoning: Based on the analysis above, Staff is of the opinion the requested annexation with the R-8, R-15 and R-40 zoning districts and proposed development is generally consistent with the MDR and proposed MU-R FLUM designations and is appropriate for this site. The proposed annexation area is contiguous to City annexed property to the north and south; the R-8 and R-15 area is within the Area of City Impact Boundary (AOCI) and the R-40 area is outside of the AOCI boundary. A legal description for the annexation area is included in Section VII.A. The City may require a development agreement (DA) in conjunction with an annexation pursuant to Idaho Code section 67-6511A. In order to ensure the site develops as proposed with this application, staff recommends a DA as a provision of annexation with the provisions included in Section VIII. 3. PRELIMINARY PLAT Existing Structures/Site Improvements: There are two (2) existing homes and accessory structures on this site. These structures are required to be removed prior to signature on the final plat by the City Engineer for the phase in which they are located. Page 10 Dimensional Standards (UDC 11-2): The proposed plat and subsequent development is required to comply with the minimum dimensional standards listed in UDC Tables 11-2A-6 for the R-8, 11-2A-7 for the R-15 and 11- 2A-8 for the R-40 zoning districts (see below). The proposed plat complies with these standards. Subdivision Design & Improvement Standards (UDC 11-6C-3): The proposed subdivision is required to be designed and improved per the standards listed in UDC 11-6C-3 which include but are not limited to streets, driveways, common driveways, easements, and block face. The proposed plan complies with these standards. Phasing Plan: The subdivision is proposed to develop in 23 phases as shown on the phasing plan in Section VIII.C. The first phase will include the extension of N. Dashwood Pl. from the north through the site to N. Centrepointe Way. Staff recommends the phasing plan is revised to include construction of the street buffer on the east side of N. Centrepointe Way in the first phase so that the street buffer and detached sidewalk is constructed and the buffer landscaped with the first phase of development. Access (UDC 11-3A-3, 11-3H-4)/Streets: Jasmine Lane, a 50-foot wide private street, currently provides access to the lots in Jasmine Acres Subdivision, including the subject properties. The private street is depicted on the Jasmine Acres subdivision plat. Staff is unaware if a separate recorded easement exists for the private street. Where the easement crosses the subject property it should be relinquished; proof of relinquishment shall be submitted to the Planning Division prior to City Engineer signature on the final plat. One access is proposed on either side of N. Centrepointe Way, a collector street; and an emergency only/pedestrian access is proposed from the extension of N. Dashwood Pl. at the north boundary of the site. A stub street (E. Jasmine St.) is proposed to the parcel to the west for access and future extension. Public streets are proposed within the SFR portion of the development with 27-foot wide street sections; private drive aisles will be provided within the MFR portion of the development. In accord with UDC 11-3A-3, which limits access points to collector streets to improve safety and requires access to be taken from a local street if available, Staff recommends N. Dashwood Pl. is extended as a full access street into the site with the first phase of development. Note: ACHD approved the connection ofDashwood Ave. to the existing stub street to the north (Dashwood Pl. as a temporary emergency access/pedestrian connection until Centrepointe Wav is extended to Wainwright Dr., or within 10 vears, whichever occurs first. When Centrepointe Wav is extended to Wainwright Dr., Dashwood Pl. will be reconstructed as a public streetforvehicular connectivity to Wainwright UDC 11-3A-3A.3 requires all subdivisions to provide local street access to any use that currently takes direct access from an arterial or collector street. The parcel to the east of the property proposed to be zoned R-40 on the east side of Centrepointe Wav (Parcel #R4582530202), currently takes direct access via N. Ea2le Rd./SH-69, an arterial street and a State Highway; therefore, Staff recommends local street access (or a driveway with a cross -access easement) is provided to the property to the east as set forth in UDC 11-3A- 3A.3. The Applicant should coordinate with the developer of that property on a location for the access street/driveway. Staff recommends N. Centrepointe Way is extended/constructed with the first phase of development from the southern to the northern boundary of the site so that if re- development of the property to the north Won occurs before the multi -family portion of Page 11 this site, the connection to Wainwright Dr. can be made and services can be extended -as Traffic: A Traffic Impact Study was not required by ACHD for the proposed development; however, the Applicant did include an informal traffic analysis in their application narrative based on ACHD's Policy Manual that takes into consideration existing traffic volumes in relation to anticipated traffic volumes from the proposed development and the resulting impacts to Wainwright Dr. & Dashwood Pl. The analysis shows the total trips per day on Wainwright at 4 1 % of total capacity; and on Dashwood at 44% of total capacity resulting in 56-59% under total capacity for these streets, which should not overburden existing roadways systems if these calculations are correct. See application narrative, for more information. Many letters of testimony have been received from adjacent residential property owners to the north regarding the amount of traffic that will be generated from the proposed development and routed through their neighborhood. For this reason, it's imperative that the Centrepointe Way connection to Wainwright occur as soon as possible; thus, the reason for Staff s recommendation for the to the Fr UAI and for the construction of Centrepointe to the northern boundary of the annexation area to occur with the first phase of development. Common Driveways (UDC 11-6C-3) All common driveways are required to comply with the standards listed in UDC 11-6C-3D. ThfeeTwo (32) common driveways are proposed that comply with UDC standards. Common driveways should be a maximum of 150' in length or less, unless otherwise approved by the Fire Dept. An exhibit is required to be submitted with the final plat application that depicts the setbacks, fencing, building envelope and orientation of the lots and structures. Driveways for abutting properties that aren't taking access from the common driveway(s) should be depicted on the opposite side of the shared property line away from the common driveway. Solid fencing adjacent to common driveways is prohibited unless separated by a minimum 5-foot wide landscaped buffer. A perpetual ingress/egress easement for the common driveway(s) is required to be filed with the Ada County Recorder, which shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment. A copy of the easement should be submitted to the Planning Division prior to signature on the final plat. Signage should be provided at the ends of the common driveways on Lot 4-25, Block 1A,4,ot 7,'�z and Lot 479, Block 24 for emergency wayfinding purposes as requested by the Fire Department. Transition: There are 68 single -story structures with 10 8 dwelling „ritsq ,- �proposed along the west boundary of this site adjacent to the 8.2 acre rural residential property to the west, which is currently in Ada County and designated as MDR (3-8 units/acre) on the FLUM. There are 5-5 6 existing single -story residential properties to the north that abut this site that are 0.31-0.38 of an acre in size; 4-012 single-family structures with 15 12 dwelling „rit4p - pei4ies are proposed along the north boundary of the site. fia ative of the apphea4ion that demonstrates the pfopesed stnuettifes and lots in relation to :sting home shop par -king areas na , afds. See aerial map below. Because the homes proposed along the north and west boundaries will all be a single -story in height, Staff believes they will have a lesser impact on adjacent neighbors than 2-story homes would have; therefore, Staff is not recommending a greater transition in lot sizes Page 12 Item#5. isthan proposed. However,the Commission and City Council should consider any public testimony provided in determining if fewer lots/structures should be provided along these boundaries as a better transition to existing residential properties. •T - - A r ? 3rrf�i"ii 1 } I — l d 1 vi "t F! L - Y t _ rr� r'L M Parking(UDC 11-3C1: Parking for single-family dwellings is required based on the number of bedrooms per unit.For 1- bedroom units,a minimum of 2 spaces per unit are required with at least one of those spaces in an enclosed garage,other space may be enclosed or a minimum 10' x 20' parking pad. For 2-3 bedroom units,a minimum of 4 spaces per unit are required with at least 2 of those spaces in an enclosed garage,other spaces may be enclosed or a minimum 10' x 20' parking pads. Because of the proposed reduced 27-foot wide street sections,parking is restricted to one side of the street only resulting in fewer available on-street parking spaces for guests and households with cars that can't be parked on private property than is typical with a full street section which allows parking on both sides of the street. Off-street parking is required to be provided on each lot in accord with the aforementioned UDC standards. Beeause of w lots (i 2i c ledetached homes and associated driveways,there is not adequate room for on street par-king in front of those lots for guest par-icing and in some areas par-icing is a ways away. Where attached hemes are proposed, there is Feem fer-appr-eximately ene spoee per e�vei=y 2 lots for-an str-ee! ping On-street parking(558 spaces)is also available adjacent to common lots and along one side of the street witki~ 200' 49FA any Lome• •4iii the ao..olapme.,,(see Exhibit H in Section VII). Pathways(UDC 11-3A-g}: Pathways are required to be constructed in accord with the standards listed in UDC 1 I-3A-8 with landscaping on either side of the pathway(s) in accord with the standards listed in UDC 11-3B- 12C. Page 13 Beeause intereonneetivity is important and espeeially so in mixed use developments, Staff recommends the Applieant coordinate with the Developer of the property to the south (Brielrvyard Apartments) to ineorporate pedestrian connections between the developments on eaeh side of N. CeStFepointe Way-. Sidewalks (UDC 11-3A-17): Sidewalks are required to be constructed adjacent to public streets as set forth in UDC 11-3A-17. Minimum 5-foot wide detached sidewalks are required along all collector a+Id a4er-ial streets; and minimum 5-foot wide attached (or detached) sidewalks are required along local streets as proposed. Parkways (UDC 11-3A-17): Parkways are required to be constructed and landscaped per the standards listed in UDC 11-3A- 17E. Eight -foot wide parkways are proposed along the collector streets and along internal local street abutting common areas in accord with UDC standards. Landscaping (UDC 11-3B): Per UDC Tables 11-2A-7 and 11-2A-8, a 20-foot wide buffer is required adjacent to N. Centrepointe Way, a collector street. Street buffer landscaping is required to be provided within common lots in accord with the standards listed in UDC 11-3B-7C; trees and shrubs should be depicted within the street buffers on either side of N. Centrepointee Way in accord with these standards. The Landscape Calculations table should include the linear feet of street buffers and the required vs. proposed number of trees demonstrating compliance with the aforementioned standard. Landscapingis 's required to be provided in common open space areas in accord with the standards listed in UDC 11-G-3E; the proposed landscaping exceeds the minimum standards. Landscaping is required within parkways as set forth in UDC 11-3A-17E and 11-3B-7C; the Landscape Calculations table should include the linear feet of parkways and the required vs. proposed number of trees demonstrating compliance with the aforementioned standard. Qualified Open Space (UDC 11-3G): Based on the overall development area which consists of 15.21 acres of land, a minimum of 10% (1.52 acres) qualified open space is required to be provided within the development per the standards listed in UDC 11-3G-3B. Because the site is bisected by a collector street and the portion of the site proposed to develop with apartments is not beingdped at this time, Staff recommends the 10% open space is provided on each property; the R-8 and R-15 property totaling 11.3+/- acres should provide a minimum of 1.13 acres and the R-40 property totaling 3.6+/- acres should provide a minimum of 0.36 of an acre (in addition to the open space required in UDC 11-4-3-27C for multi -family developments). A revised qualified open space exhibit was submitted as shown in Section VII.F that depicts 4-3-31.23 acres (or 44-7510.8%) of open space for the SFR portion of the development consisting of a 0.69 of an acre park with amenities, parkways, a miefe path 'et, and linear open space that is at least 20' wide and has an access at each end and is landscaped, and a collector street buffer and a local street buff r. The linear open space on Lot 17, Block 4 doesn't qualify as it's not accessible at the west end as required by UDC 11-3G-3B.1 e, however the rest of the area meets the minimum standard at 1.17 acres. str-eet4and use buffer- along the satithem botindai7y of the site towar-d the qualified open spae-e „ts (see Seel o 4 below f r fner-e r fofmat on) The open space on the R-40 property will be evaluated for compliance with UDC 11-3G-3B at the time of submittal of a conditional use permit. Page 14 are that does not quali6, (i.e. the perimeter- I — I g1he east boundafy) and is below the The qualified open spaee en the N4FR peftion of the site east side of Gentr-epOifite Way ifieltid develop at this time and is eoneeptual in natur-e and likely to ehange, Stag r-eeommends a DA fequir-ed of the total land area (i.e. 5 acres). Because that portion of the site is not planned to qualified open spaee is pr-ovided at the tifne of development that meets the sta dam-d-s in I-JUDC 11 3G 3B. This requifement is in addid-en to th-at r od�11 4 3 27c, f develepments- Qualified Site Amenities (UDC 11-3G): A minimum of one (1) qualified site amenity is required to be provided for this development based on the size of the overall development (i.e. 15.21 acres). The Applicant proposes a shade structure, children's play structure, children's climbing dome, children's climbing boulders, seating benches, public art micro path aYs and possibly ^ se and a pathway as amenities, which exceed UDC standards. The pathway does not count as a qualified amenity as it doesn't meet the standards in UDC 11-3G-3C.3; however, the other amenities proposed do qualify and exceed the minimum standards. Existing Trees: There are many existing trees on this site the Applicant states are being removed by the residential property owner for firewood. Include mitigation information on the plan for any existing trees that are not removed by the property owner in accord with the standards listed in UDC 11-313-10C.5. Waterways (UDC 11-3A-ft The Nourse Lateral runs along the northern boundary of this site and is piped. An easement should be depicted on the plat for the waterway. If the easement is 10 feet or greater, it should be located within a common lot that is a minimum 20-feet wide and outside of a fenced area unless modified by City Council as set forth in UDC 11-3A-6D. Fencing (UDC 11-3A-61 11-3A-7): All fencing constructed on the site is required to comply with the standards listed in UDC 11-3A- 7. The existing fencing along the north and southwest boundaries of the site is proposed to remain. A 6-foot tall solid vinyl privacy fence is proposed along the west, south and east boundaries of the SFR portion of the site as wen as long the not4h, east and south boundaries of the MF-R ..,Rion Of th in accord with UDC standards. A 4-foot tall wrought iron fence is proposed around the perimeter of the children's play area on Lot 1, Block -32. Utilities ( UDC 11-3A-21): Connection to City water and sewer services is proposed. Street lighting is required to be installed in accord with the City's adopted standards, specifications and ordinances. See Section VIII.B below for Public Works comments/conditions. Pressurized Irrigation System (UDC 11-3A-151: An underground pressurized irrigation system is required to be provided for each lot within the development. Page 15 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. Building Elevations (UDC 11-3A-19 I Architectural Standards Manual): Conceptual building elevations were submitted for the proposed single-family attaEhed and detached units and multi -family apartment structures as shown in Section VII.F. Building materials for the single-family homes consist of a mix of siding (horizontal and vertical lap siding and board & batten) and stucco with stone veneer accents. The single family attached and multi -family structures are required to comply with the design standards in the Architectural Standards Manual; single-family detached structures are exempt from this requirement. All SFR homes along the west and north perimeter boundaries of the development will be restricted to a single -story in height as proposed b. t�pplicant. Because the rear and/or side of 2-story structures on Lots 14-1812-8, Block 1 and Lot 2, Block -25 that face N. Centrepointe Way will be highly visible, Staff recommends those elevations incorporate articulation through changes in two or more of the following: modulation (e.g. projections, recesses, step -backs, pop -outs), bays, banding, porches, balconies, material types, or other integrated architectural elements to break up monotonous wall planes and roof lines. Single -story structures are exempt from this requirement. Public Testimony: Many letters of testimony have been received on the original plan submitted with this application, primarily from residential neighbors to the north in Alpine Pointe Subdivision (aka Zebulon Heights). The primary concerns are the intensity of the development (i.e. density is too high); not enough transition in lot sizes to lower larger lots to the north; extension of N. Dashwood Pl. and Centrepointe Way and resulting traffic generated from this development and from the developments to the south that will be routed through their subdivision until Centrepointe can be extended to the north to Wainwright in a more direct fashion; and safety concerns for children pertaining to traffic. The neighbors have suggested several alternate development plans that would result in less traffic through their neighborhood. See public testimony in the project file for more information. Additional public testimony has been received on the revised plan that can be accessed at: https://weblink.meridiancit .00rg/WebLink/browse.aspx?id=166928&&dbid=0&&repo=Meridian C 4. ALTERNATIVE CO t-PLIANc-E—A local street buffer is no longer proposed: Staffhas removed this section as it is no longer applicable. spaee for- the development. The qualified open spaee peFtaining to street bugar-s listed in UDG 11 3 G 313 allOws the flill a . The Applieant pr-oposes tO eanstmet a 29 feet wide landseape buffer- along the s0tttheffl bOttHdafy of the SFR peftion of the site with defise landseaping along to btt F. jasmine St., a leeal stfeet, Page 16 VI. DECISION A. Staff: Staff recommends approval of the proposed G nV-eheasive Plan Map Amendment ; Cthe par -eel to the ,,,,ft (R4582530 nm is also included, the Annexation & Zoning and Preliminary Plat applications with the conditions included in Section VIILA per the Findings in Section IX. B. Commission: The Meridian Planning & Zoning; Commission heard these items on May 2 and July 18, 2019. At the public hearingon n July 18`", the Commission moved to recommend denial of the subject CPAM, AZ and PP requests to City Council. I . Summary of Commission public hearing_ a. In favor: Jim Conger; b. In opposition: Malissa Bernard (representing many neighbors on Dashwood Place to the north in Alpoint Point Sub.); Frank Marcos (Alpine Point Sub. HOA President Kenneth Clifford; Sherry Gare_y; Greg Walker; Patricia Pitzer; Joy Cameron; Sandi King; Laura Trairatnobhas C. Commenting: Connie Thompson; d. Written testimony: Man. (47+/_) letters of testimony were received (see public record). e. Staff presenting application: Bill Parsons f. Other Staff commenting on application: None 2. Ke. ids) of public testimony a. Consensus that proposed density of development is too high; b. Not enough transition in lot sizes is proposed to larger lots to the north; C. Concern pertaining to the extension of Dashwood Pl. and Centrepointe Wan resulting traffic generated from the proposed development and from the commercial and multi -family residential developments to the south that will be routed through subdivision to the north if Jasmine is connected to Centrepointe before Centrepointe can be extended to the north to Wainwright; d. Safety concerns for children pertaining to traffic; e. The proposed development is premature and that infrastructure (i.e. the extension of Centrepointe to Wainwright) should be in place prior to the development goingin, 'n, not after the fact; f. There has been no negotiation with neighborsy the Developer as directed by the Commission; 3. Key issue(s) of discussion by Commission. a. The desire for the City of Boise to take action on a request to exclude the eastern portion of the site from their Area of City Impact boundary prior to the City making a decision on this application; b. The possibility of only an emergency access via Dashwood Pl.; Page 17 C. Concern pertainingto o adequacy of parking; for the development; d. Preference for R-8 vs. R-15 zoning for the single-family portion and R-15 vs. R-40 zoning for the multi -family —portion of the site as a transition to adjacent zoning; e. Density should be reduced due to Heritage Middle School and Rock Mountain High School already being over capacity; f. Desire for the Applicant to work with neighbors to address issues that were brought up at the hearing. 4. Commission change(s) to Staff recommendation: a. The Commission recommended denial of the proposed CPAM, AZ and PP applications to the City Council based on their desire for the Applicant to obtain approval from the City of Boise for the adjustment to the Area of City Impact boundary; and opinion the applicant did not sufficiently work with the neighbors on their concerns pertaining the proposed development. 5. Outstanding issue(s) 'ssue(s) for City Council: a. None C. City Council: The City Council heard this project on November 12, 2019 and moved to remand the project back to the Commission to address the density issue of the proposed development and for their review of a revised site plan with changes to lots proposed along the northern boundary of the subdivision that front on E. Della Street. D. The Meridian Plannin! & Zonina Commission heard these items on March 19 and April 16 2020. At the public hearing on April 16`", the Commission moved to recommend approval of the subject AZ and PP requests. 1. Summary of Commission public hearing_ a. In favor: Hethe Clark b. In opposition: C. Commentiniz: Malissa Bernard: Laura Trairatnobhas: Michael Bernard: Sandi Kina: Kenneth Clifford; Allie Crane d. Written testimony: Many letters of public testimony were received (see public record Hethe Clark (response to the revised staff report — in agreement except for two items: 1 ) requests DA provision #1 D be revised to not restrict homes along the west boundar�to a single -story in height as previously proposed, to allow 2-story homes to be constructed; and 2 requests deletion of condition #213, which regires construction of the 20' wide street buffer & detached sidewalk along the east side of Centrepointe to be constructed with the first phase of development to be deferred until the multi -family portion of the site develops.; e. Staff presenting application: Sonya Allen f. Other Staff commenting on application: Bill Parsons 2. Key issue(jofpublic testimony: a. The HOA to the north (Alpine Point) requests the Dashwood stub street at the north boundary be vacated and sole vehicular access be provided to the site from the south via Centrepointe Way to keep traffic from cuttingthrough hrough their neighborhood — this could also be accomplished with a gate for emergency access only; feeling that the subdivision to the north is "overconnected" and more connections aren't necessm to Wainwright Dr. from the south, especially with Centrepointe planned to extend to Wainwright in the future; requests larger lots and single -story homes along north boundary for a better transition; belief that funds should be provided by all development for improvement of the Eagle Rd. & Wainwright intersection; Page 18 b. Concern pertaininiz to the impact the proposed development will have on the capacity of area schools; C. Frustration from the neighbors that they weren't aware that Dashwood was planned to be extended in the future as there were no suns erected at the end of the stub street; d. Concern pertaining to the removal of all of the existing evergreen trees (40+/-) along, the southern boundary of the site and request for mitigation to be required (the owner planned to cut the trees down for firewood); 3. Key issue(s) of discussion by Commission. a. The Commission asked the Applicant to clarify the status of the Nourse Lateral easement along the northern boundary of the site — the Applicant stated the Alpine Pointe Subdivision plat depicts a 15' wide easement for the piped lateral that exists on the adjacent property to the north within the easement; the Applicant also proposes to depict an additional easement on the subject plat in case it's needed for maintenance of the lateral; b. The transportation plan for this area and existing and planned connections to WainwrightDr.; C. Whether or not Dashwood should be extended to Centrepointe with the first phase of development as recommended by Staff, or extended as a temporary emergency access/pedestrian connection until Centrepointe is extended to Wainwright, or within 10 years, whichever occurs first — when Centrepointe is exended to Wainwright, Dashwood would be reconstructed as a public street for vehicular connectivity to Wainwright as required by ACHD. d. The Applicant's request for homes along the west boundary to not be restricted to sin lg e-story in height and for the buffer and sidewalk along the east side of Centrepointe to not be constructed until development of the multi -family portion of the sib e. Support for retaining the existing trees or requiring mitigation for them if removed; f. In support of fewer lots and lower density proposed; g_ The timing for construction of the street buffer and sidewalk along the east side of Centrepointe Way with the first phase as recommended by Staff or with the 3rd phase as proposed b__ t�pplicant). 4. Commission change(s) to Staff recommendation: a. Modify condition #A.If to add language consistent with ACHD's decision pertaining to the extension of Dashwood to Centrepoint Way; and strike condition #A.5 in Section Vlll. b. Modify DA provision #A.1d in Section VIII to allow bonus rooms on single-AM_ homes along the west boundary with no rear facing windows for the bonus rooms; C. Strike condition #A.2b in Section VIII, which requires the street buffer and sidewalk along the east side of Centrepointe Way to be constructed with the first phase of development to allow it to be constructed with the third phase as proposed; d. Include a condition requiring the Developer to retain as many trees as possible along the southern boundary (see modification to condition #A.3a). 5. Outstandingissue(s) ssue(s) for City Council: a. If Council determines that all existing trees on the site being removed should require mitigation in accord with UDC standards, even those removed by the property owner for firewood, condition #A.3a in Section VIII should be modified accordingly. Page 19 E. The Meridian City Council heard these items on Ma v 12 2020. At the 1ublic hearing, the Council moved to deny the subject AZ and PP requests. 1. Summary of the City Council public hearing: a. In favor: Hethe Clark b. In opposition: C. Commenting: Frank Marcos; Malissa Bernard; Sandi King; Ken Clifford: Laura Trairatnobhas; Mike Bernard; Doreen Mills; Allie Crane; Tim Fritzley; Sherry Garey; Randy piwak; Patty Pitzer; Thomas Hunt; Justin Lucas, ACHD d. Written testimony: Many letters of testimony were submitted (see public record). e. Staff presenting application: Sonya Allen f. Other Staff commenting on application: Joe Bongiorno; Warren Stewart 2. Key issue(s) of public testimony: a. Neighbors in Alpine Pointe Subdivision to the north request the following: Dashwood Pl. to be closed permanently as it was never meant to be extended and is designed as a cul-de-sac; single -level homes along north boundary: the identity of the Developer to be disclosed; not in favor of intensity of proposed R-40 zoning district; information on whether the proposed units will be owner occupied or rental units- b. Would like the existing trees along the southern boundary of the site to be retained and the height of homes on Lots 16 and 17, Block 5 to be restricted to a single-storyin hei C. Request for the Developer to perform a utility survey for existing facilities, specifically the Nourse Lateral; d. Request for a reduction in the number of lots along north boundary to six (6). e. Applicant requests restriction for single -story homes to be removed along west boundary (condition # 1 c)- f. Applicant requests condition #If is modified to only require an emergency access via Dashwood Pl. 3. Key issue(s) of discussion by City Council: a. Transition in lot sizes/configuration along north boundary- b. Retention of existing trees in the triangle common area at the southwest corner of the site and along the south boundary if possible; c. Enrollment of area schools and impact on such by the proposed develQ,nment; d. Discussion as to where jurisdiction of the City and land use and ACHD and transportation begins and ends; e. Removal of any connection to Dashw000d Pl. except for emer eg ncv access or leave it open for interconnectivity; f. Requirement for mitigation of existing trees that are removed from the site. 4. City Council change(s) to Commission recommendation: a. City Council voted to deny the project due to their belief it is not in the best interest of the City to approve the project at this time due to connectivity reasons --they felt in order to solve the connectivity issues in this area. Centrepointe Way needs to be extended to Wainwright Dr. They determined there was no conditions of, approval that could be,placed on this project that would enable them to approve the project at this time. F. The Meridian City Council heard these items on July 28 2020. At the ublic hearin the Council moved to approve the subject AZ and PP requests. 1. Summar y of the Cit Council ublic hearin a. In favor: Hethe Clark Page 20 b. In o osition: Susan Mimura re resentin Mike &Malissa Bernard Frank Marcos Malissa Bernard, Laura Trairatnobhas, Patty_ Pitzer, Kenneth Clifford, Mike Bernard, Sandy King, Dave Martin C. Commenting: None d. Written testimony: Many letters of testimony were submitted — see public record e. Staff presenting application: Sonya Allen f. Other Staff commenting on application: None 2. Key issue(s) of public testimony: a. Request for Dashwood P1. to not be extended as a public street and serve as emergency and pedestrian access only: b. Concern pertaining to the safety of residents on Dashwood Pl. and in Alpine Point Subdivision due to high traffic volume if Dashwood is exended into the development as a public street- C. Transition in lot sizes and density along the northern boundary of the subdivision isn't adequate — request for larger lots; d. Desire of the assisted living facility to the east to not have traffic going through their site from this development with an access driveway stubbed to their property. 3. Key issue(sl of discussion by City Council: a. The extension of Dashwood Pl. as a public street with this development or allowing it to be an emery and pedestrian access only and not be exended, b. If Dashwood isn't required to be exended, the fourth phase of development isn't necessary and the phasing plan should be amended. 4. City Council change(s) to Commission recommendation: a. Council approved the project with the revised phasing plan presented by the Applicant but didn't require the extension of Dashwood Pl. as a public street (now or in the futurel — Dashwood will only provide emergencyapedestrian access to the proposed development. The emergency access shall be constructed with the first phase of development (see DA provisions #A.lf--g and condition #A.5 in Section VIIII. VII. EXHIBITS A Appheant Proposed e, Staff Reeom,. ended Future hand Use Maps Removed as an amendment to the FL UM is no longer necessary. Page 21 Q. Annexation & Zoning Legal and Exhibit Map REVISED 5aYwtooth[and Survp—ynq, LLC a,,�w P0305, Avo. .|D 63C,|7 /7 r'(20d)3e�8-6/0-1 F'(2C2V33b-5|05 BASIS OF BEARING for this description is South 89139'12"Nest, between the illegible brass cap marking the EV4Corner ofSection 3Zand the B0~rebarPLS 4431 marking the [1/4Comer cf Section 22,both inT.40,R. 1E,B.M,Ada County, Idaho. Apmrcel of land being a portion of Lot 3, Block 1of Jasmine Acres, as shown |nBook 59of Plats, at Page BN29,Ada County Records, and aportion nfthe SE114ofSection 32~l[4N°R.1E,2.M,Ada County, Idaho, more particularly described as follows: COMMENCING at the illegible brass cap marking the E1/4 Corner of said Section 32� Thence South 89039'12" West, coincident with the north line of said SEI/4 of Section 32, a distance of 1026.20 feet to the rTorthwest corner of Lot 1, Block I of said Jasmine Acres and the POINT OF BEGINNING; Thence South 01120'48" East, coincident with the west line of said Lot 1, a distance of 125.59 feet; Thence South 8g°42'00~West, parallel with the south line ofsaid Lot 3,adistance ofIZ1.q5 feet; Thence South 49'30'18" West, 20,50 feet to the beginning of a non -tangent curve to the left; Thence 43.46feet along the arc ofsaid curve, with aradius ofSO.00feet, acentral angle of49"48^IB", ambtendedbyachord bearing North 6S"Z3'5l"West, q2.11feet; Thence South W9°42Y0"West, parallel with said south line ofLot 3'adistance nf3O2.00 feet tothe beginning o[etangent curve tothe left; Thence 78.54 feet along the arc of said curve, with a radius of 50,00 feet, a central angle of 90100'00", subtended bymchord bearing South 44"42l0"West, 7O.71feet; Thence South 03"18'0D^East, J72.O9 feet; Thence South G9=42'0O^West, parallel with said south line oyLot 3,adistance of1O9�27feet tothe beginning ofatangent curve to the right; Thence 14.]Sfeet along the arc ofsaid curve, with aradius of5O.00 feet, acentral angle orl6°l624'`, subtended byachord bearing North 82«O4'4g"West, 14.30feet; Thence North 73"5136"West, 1Q.22feet bzthe westerly line ofsaid Lot 3, Thence North 16108'24" East, coincident with the common line of said Lots 3 and 4, Block 1, Jasmine Acres, 25.45 feet to the northernmost common corner ofsaid Lots 3 and 4; P'\201ox1809*-DELAw0 SUBDIv|S)OwCmG�Su pmmano09wzoning p0dem-dccx Thence North 1110'44" East, coincident with the east boundary line of said Lot 4, a distance of 511.15 to the northeast corner of said Lot 4, which is on said north line of the SE114; Thence North 89139'12" East, coincident with said north line of the SEI/4, a distance of 727,70 feet to the POINT OF BEGINNING. The above described parcel contains 3.31 acres, more or less. PA2018%18094-DELAN0 SUB DIV IS ION -CMGS uirvey0raw ngs0l srriptiun s% I R094 zoning r-8 desc.docx 12 Page 23 OkWS GF WAMW J;�w e a r� aar. a� a a�s�lr w sWNW r La 1 a4r�4KJW 44FAWLWE iorsTAmANTS �a �e 1 ..OMM, • a: _ r a , :• X �+ LL a ° COUNTY., it - + Page 24 5awtooth Land Surveying, LLC 7, '.'2 F: 'I -CIV 33t" �3 R-15 Re -Zone Description BASIS OF BEARING for this description is South 89139'12"West, from the illegible brass cap marking the E1/4 Corner of Section 32 and the 5/8" rebar PLS 4431 marking the C1/4 Corner of Section 32, both in T. 4 N., R. I E., B.M., Ada County, Idaho. A parcel of land being a portion of Lot 3, Nock 1 of Jasmine Acres, as shown in Book 59 of Plats, at Page 5829, Ada County Records, and a portion of the N112 of the 5112 of Section 32, T. 4 N., R. 1 E., B.M., Ada County, Idaho, more particularly described as follows, COMMENCING at the illegible brass cap marking the E1/4 Comer of said Section 32; Thence South 891039'12" West, coincident with the center of Section line of said Section 32, a distance of 1026,20 feet to the northwest corner of Lot 1, Block 1 of said Jasmine Acres, Thence South 0Q20'48" East, coincident with the west boundary line of said Lot 1, a distance of 125.59 feet to the POINT OF BEGINNING; Thence continuing South 0020'48" East, coincident with the west boundary line of said Lot 1, a distance of 221.24 feet to the northwest corner of said Lot 3; North 89142'00" East, coincident with the north boundary line of said Lot 3, a distance of 43,10 feet; Thence South 0018'00" East, 316.85 feet to the south boundary line of said Lot 3, Thence South 890142'00" West, coincident with the south boundary line of said Lot 3, a distance of 684.43 feet; Thence North 48111 V00" West, coincident with the south boundary line of said Lot 3, a distance of 154.02 feet to the southernmost common corner of Lots 3 and 4 of said 3asmine Acres; Thence North 161108'24" East, coincident with the common boundary line of Lots 3 and 4, Block 1, Jasmine Acres, 25.45 feet; Thence South 73051'36" East, 18-21 feet to the beginning of a tangent curve to the left; Thence 14.35 feet along the arc of said curve, with a radius of 50.OG feet, a central angle of 161:126'24", subtended by a chord bearing South 82004'48" East, 14.30 feet; Thence North 891,42'00" East, parallel with said south boundary line, 109,27 feet?, Thence North 0"18'00" West, 372.09 feet to the beginning of a tangent curve to the right; PA20WB094-DELANO SUBDIVISION-CMG\SurveylDrawingslDescriptions\18094 R-15 RE -ZONE DES CRIPTION-docx Page 25 Thence 78.54 feet along the arc of said curve, with a radius of 50.00 feet, a central angle of 90000'00", subtended by a chord bearing North 441142'00" East, 70.71 feet; Thence North 89142'00" East, parallel with said south boundary line, 382,00 feet to the beginning of a tangent curve to the right; Thence 43.46 feet along the arc of said curve, with a radius of SOM feet, a central angle of 49148'18", subtended by a chord bearing South 651123'51" East, 42-11 feet, Thence, North 49030'18" East, 20,50 feet; Thence North 89142'00" East, parallel with said south boundary line, 121,45 feet to the POINT OF BEGINNING. The above described parcel contains 8.12 acres, more or less. :'A2018t18024-DELANO SUBDIVIS[ON-CMGtSL�rvey�E)rawings%Desctjptioris11 8094 R-15 RE -ZONE )ESCRIPTION.docx 12 Page 26 Item#5. ■7f�IrY11MG M�l1tR 7m11e IA1R�Tw + — — — — R Sim im m �1 w' � [In WItlW r.I"ct�rML ,b Ca =�/+IRM•E 71wt �a T yS r�r,•f rF XSiMNMJ I .I Adma ! t Q' �Ur 4;tYt i 15.7 4 }� R-,sit BEA�' t �o•zroei I 4L ,wswm, Ell�'IPlill` 9 I WWW w WL4k i41MOO MCA I NTS aim*MP 20"1 WA9fP#GTz]H AVE. bNG■ DELAN0 ZONING R-15 BOIL COOK EMMM-,I[ M17 to 1W-E7� BOUNDARY WILES FWNTS,LLC P (SOB}398-$]M pxaRrar F.(20B)351E BI 75 lbUSl� T4N,R. fE,H.M., - _ A[7A GtU%rTY,PpIRHO W".M WTOOrHL-S- M J Of J Page 27 5amt0oth [and 5urNeyinc3, UC ---�—'--�� Pouou,w*,�..y*n�e, o44uv*�ms evu�.umo '*/ /^^.muCcm* /7 Lmx��./cma�/7 co=vra'm�,o/ e./ooa+ �mr�.maya3o r.�208>3'�8 o.cw i r,(208)7/4 45A* | p.(ooa)aes-53o3 R-40Re-Zone Description BASIS OF BEARING for this description isSouth ���2" West, from the illegible brass cap marking the E1/4Corner o(Section ]2and the 5/8~robarPLS4431marking the [1/4Corner n[Section 32, both inl[ 4 N., R. 1 E, B.N, Ada Coumty, Idaho. A parcel of land being a portion of Lot 3, Block 1 of Jasmine Acres, as shown in Book 59 of Plats, at Page 5828,Ada County Records, located {nthe NE1/4ofthe 5E1/4ofSection 32, T. 1 N., R. 1 E, B.M, Ada County, Idaho, more particularly described asfuUcw,s� COMMENCING etthe illegible brass cap marking the E1/4Comer ofsaid Section 32; Thence South 89139'12" West, coincident with the north line of said SE114 of Section 32, a distance of 1U26.2Ofeet bathe northwest corner ofLot 1,Block 1ofsaid Jasmine Acres; Thence South 0p20q8''East, coincident with the west boundary line nfsaid Lot 1,adistance of34S.83 feet tothe northwest comer ofsaid Lot 3; TMenmmNurth89"4JY]U''East,cuincidantwiNhthenmrthboundary|ineofsmidLot3,adistamoeof43.1Q feet tothe POINT OF BEGINNING; Thence continuing, North 89'342'00" East, coincident with said north boundary line of Lot 3,adistance nf521.16feet tmthe northeast corner ufsaid Lot 3; Thence South 0"01'00" East, coincident with the east boundary line of said Lot 3, a distance of 316.85 feet tothe southeast corner nfsaid Lot 3; Thence South 89042'00' West, coincident with the south boundary line of said Lot 3, a distance of 519-60 feet; Thence North U�18'00"West, 316.85 feet to the POINT OF BEGINNING. The above described parcel contains 3.79 acres, more or less PVOM1OV94'DELANOGUBD|mS|uN~CM8\SurveyUzraw|ngm�Demcripuons�18os4n4VRE-ZONE DE8CR|PT0N.000x Page 29 Page 101 C. Preliminary Plat (date: 2/18/2019 3/12/2020) & Phasing Plan REVISED 7- I ppi .0 Page 30 offifflim Page 31 ltem#5. D. Landscape Plan{date: 2 "' T311412420) REVISED V =J'^" ._. , , ■tom". ` `- � .._.�__ 'sty- ;x�'?ais'•��-��"r �.-�.ir h tarsi, i- •=. =—s -_ram __ ^ - '__`"— FIE— 46, .. _...- _ �x - : Frr•anT: WE -- 1 , l - IR+M Ll r _ 1.di'k.z i{.xhT P�gTT� _ _ '�-r 7 .w.r.. ^• .._. ..� QE JEL'bI'�MEhT�j.�T• �a�:,ftt[:. .. ,.... �I �.u�Jry.Yu1�. rT�w_ � .�.nm r it ri•r G'LT,7' — •, :�•�'" .. �.. • -�' l r � � � �, L.� ice. {� �'-� .'-��� •� ,.... ... Page 32 ltem#5. E. Possible Conceptual Development Plan for Parcel to the North I � I El _ � I Possible Future Development Pattern � r l � � Page 33 Item#5. F. Qualified Open Space Exhibit& Site Amenities REVISED T a l I r�Ee AMC)su�urvrsuaa 1.17 acres of qualified open (+ffN MtrFvAMT space without crossed out area &a,Lt»n►c urs.i„43 AGES 4uaV 4 NC Oft%WAU-r,]1 ACN95 I 10 M) Note: The crossed out area does not count toward the minimum gual flied open space standards because it isn't accessible at the west end,per UDC 11-3G-3B.1e. Page 34 ltem#5. PROJECT AMENITIES As the developer we have researched and interviewed potential homeowners and followed the city ordinance to plan the most productive amenities for this area and this development. The amenity package exceeds the requirement of Meridian Crty code. Meridian City Code requires that the application provide one amenity for projects up to 20 acres.We are proposing five additional amenities for a total of ALY, including a neighborhood park with a shade structure,a play structure,seating area, climbing boulders,climbing dome and a pedestrian pathway.We are proposing a second open space lot on the southwest corner of the development. This lot will help to buffer the existing home in the Champion Park Subdivision and will include several amenities including public art and a seating area. Proposed Amenities- La rge 213-Acre Neighborhood Park-The large park will contain the following recreation facilities: Shade Structure Play structure ��- Seating areas with benches - Climbing Dome Climbing Boulders Public Art r '�^ - -- I Lwvr+ram; I�- r!f Rr FLAY R NV I Y� ■ !! i QIGN-C.5HELTER AiA I C r r r Page 35 Item#5. G. Conceptual Building Elevations(Single-Family " dTDetached and Multi-Family Apartments)REVISED PROPOSED HOME ELEVATIONS AND HOUSING STYLES r � t�alr ws. r i N. tC Rl iL cf P= iA ■ 5 Page 36 !tern#5. 1 err ' 1 -_ F■ - _w y FI Page 37 � w Iwo��• _�',.�-- _ __�-.._-'� -�. s R �� ' •J,��' � { V f�y y r �Sv� w� ltem#5. H. Parking Exhibit REVISED 58 parking w spaces PLAN Page 39 Item#5. I. Site Plan ■ _ S]Fi�u[7 we[aS�s1bN �� ne urcyr VHI. CITYIAGENCY COMMENTS & CON.DITIONS 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,phasing plan,landscape plan and conceptual building elevations included in Section VIl and the provisions contained herein. Page 40 b. A Conditional Use Permit is required to be submitted and approved for the multi -family development prior to application for Certificate of Zoning Compliance and Design Review. c. All multi -family structures shall comply with the design standards listed in the Architectural Standards Manual. An application for Design Review and Certificate of Zoning Compliance shall be submitted and approved for all multi -family structures prior to submittal of building permit applications. d. Single-family homes along the west and north perimeter boundaries of the development shall be restricted to a single -story in height as proposed by the Developer. Homes along the west boundary are allowed to have a bonus room but no rear facing windows shall be allowed for the bonus room. e. The rear and/or side of 2-story structures on Lots 8-12, Block 1 and Lot 2, Block 5 that face N. Centrepointe Way shall incorporate articulation through changes in two or more of the following: modulation (e.g. projections, recesses, step -backs, pop -outs), bays, banding, porches, balconies, material types, or other integrated architectural elements to break up monotonous wall planes and roof lines. Single -story structures are exempt from this requirement. £ The construction of N. Centrepointe Way from the southern boundary to the northern boundary of the annexation area (stub to Wong parcel #R4582530100) shall occur with the first phase of development. The connection ." e Ave. to the existing - stub 1414 (DaShN a PH ; a to ,1 •'ccr-ccsiccna��iv=ui�e�ixcc�cnc y'--acccsrcaicc odeSt.ia fl , eetiE , .,t;l Gelit«o me W. is ,tende,l t W.,inw ht Dor- within ten 1myears, =wnicheveTvcccis��trWhen C cieWay ' sextended t 6 Wainwr-ieht Dr., Pashwead A. will be r-eeenstf+teted as a i3tibli street for- vehk*4af eonneetil,ity to t Pf: as r-eqt4ed b , n run g. Emery access via Dashwood Pl. at the north boundary of the development shall be provided with the first phase of development. Dashwood Pl. is not required to be extended as a public street (now or in the future) and will serve as an emergency and pedestrian access only h. The R-8 and R-15 zoned property totaling 11.3+/- acres shall provide a minimum of 1.13 acres and the R-40 zoned property totaling 3.6+/- acres shall provide a minimum of 0.36 of an acre of qualified open space in addition to the open space required in UDC 11-4-3- 27C for multi -family developments. i. Provide vehicular connection to the property to the east (Parcel #R4582530202) through the R-40 zoned property via a local street or a driveway as set forth in UDC 11-3A-3A.3. If a driveway is provided, provide a cross-access/ingress-egress easement to that property; submit a recorded copy of the easement to the Planning Division prior to signature on the final plat by the City Engineer. j. No building permits shall be issued on this site until the underlying property is recorded in a final plat. 2. The preliminary plat included in Section VII.B, shall be revised at leas-t 10 days pfier to the as follows: Page 41 Page 113 3. The landscape plan included in Section VILC shall be revised at least 10 days prior -to th-e City Gets i he -ing as follows: a. Include mitigation information on the plan for any existing trees on the site that are not removed by the residential property owner for fire wood in accord with the standards listed in UDC 11-313-10C.5. As many existing trees as possible along the southern boundary of the site shall be retained on the site. b. Include the linear feet of parkways and the required vs. proposed number of trees in the Landscape Calculations table demonstrating compliance with the standards in UDC 11- 3A-17 and 11-313-7C. Include the linear feet of street buffers and the required vs. proposed number of trees in the Landscape Calculations table demonstrating compliance with the standards in UDC 11-3B-7C. d. Depict trees and shrubs in the minimum 20-foot wide street buffers along N. Centrepointee Way in accord with the standards listed in UDC 11-313-7C. 4. The 50-foot wide private street easement (i.e. Jasmine Lane) shall be relinquished where it crosses the subject property. Proof of relinquishment shall be submitted to the Planning Division prior to signature on the final plat by the City Engineer. Local street access (or a driveway with a cross -access easement) shall be provided to the property to the east of the R-40 zoned property (Parcel #R4582530202) as set forth in UDC 11-3A-3A.3. The Applicant should coordinate with the developer of that property on a location for the access. If a driveway is provided, a recorded copy of the cross -access easement shall be submitted to the Planning Division prior to signature on the final plat by the City Engineer for the phase in which it is located (third phase). For lots accessed by common driveways, an exhibit shall be submitted with the final plat application that depicts the setbacks, fencing, building envelope and orientation of the lots and structures. Driveways for abutting properties that aren't taking access from the common driveway(s) shall be depicted on the opposite side of the shared property line away from the common driveway. Solid fencing adjacent to common driveways is prohibited unless separated by a minimum 5-foot wide landscaped buffer. 8. Provide address signage for homes accessed by the common driveways on Lot 5, Block 1 and 9, Block 4 for emergency wayfinding purposes. 9. A perpetual ingress/egress easement is required to be filed with the Ada County Recorder for all common driveways, which shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment. A copy of the recorded easement shall be submitted to the Planning Division prior to signature on the final plat by the City Engineer. Page 42 Page 114 10. All existing structures on the site shall be removed prior to City Engineer signature on the final plat phase in which they are located. 11. Parking is restricted to only one side of the 27-foot wide street sections; signage shall be installed prohibiting parking on one side of the street to ensure emergency access can be provided. B. PUBLIC WORKS 1. Site Specific Conditions of Approval 1.1 A street light plan will need to be included in the final plat application. Street light plan requirements are listed in section 6-7 of the City's Design Standards. A copy of the standards can be found at http://www.meridiancity.orglpublic_works.aspx?id=272 1.2 The following proposed manholes have less than 3' of cover: A-3, A-4, A-5, C-1 and D-5. Public Works has previously discussed with the applicant the possibility of using grinder pumps in these shallow areas, but the plans do not note the use of them. If the parcel to the north of the multi -family is to be served by Meridian, applicant must stub sewer at minimum slope in N. Centrepointe Way to the north boundary line. 1.3 Each phase must be modeled to ensure adequate fire flow. 1.4 Public Works has met with SUEZ Water and agreed that water service to the north for the multi -family portion of the development will be provided according to how annexation proceeds. Meridian will provide water in Meridian, and SUEZ will provide water in Boise. If the area being considered for inclusion is to be served by the City of Meridian, the Public Works Department would like to have a completed water main loop north to the existing water main in E. Wainwright Drive. The purpose of this loop is not for flow and pressure reasons, it is to create redundancy and for mitigation of water quality concerns created by dead end mainlines. 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 Page 43 Page 115 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. 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. Page 44 Page 116 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.merldiancity.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. meridiancity. org/WebLinkIBrowse. aspx?id=184561 &dbid= 0&repo= Meridian Cit X https: //weblink. meridianci , v. org/WebLink/Browse. aspx?id=184570&dbid= 0&repo= Meridian Cit X E. COMMUNITY PLANNING ASSOCIATION OF SOUTHWEST IDAHO (COMPASS) http://weblink.meridianci.org/weblink8/0/doc/165379/Pagel.aspx F. NAMPA & MERIDIAN IRRIGATION DISTRICT http: //weblink. meridiancioy. oWlwehlink8/0/doc/16523I /Pagel. aspx Page 45 Page 117 G. SETTLER'S IRRIGATION DISTRICT http://weblink.meridiancity.org/weblink8/0/doc/164812/Pa e�px H. CENTRAL DISTRICT HEALTH DEPARTMENT http://weblink.meridiancioy.or_lWebLink8/DocView.aspx?id=165010&dbid=0 I. DEPARTMENT OF ENVIRONMENTAL QUALITY (DEQ) http://weblink.meridiancity.org/weblink8/0/doc/164959/Pa e�px J. WEST ADA SCHOOL DISTRICT (WASD) https: //weblink. meridianciby. org/WebLink/DocView. aspx?id=179144&dbid= 0&repo=MeridianC ity K. ADA COUNTY HIGHWAY DISTRICT (ACHD) https: //weblink. meridiancity. org/WebLink/DocView. aspx?id=183358&dbid= 0&repo= Meridian C ity https: //weblink. meridiancity. org/WebLink/DocView. aspx?id=169441 &dbid= 0&repo=MeridianC ity L. CITY OF BOISE https: //weblink. meridiancity. org/WebLink/browse. aspx?id=184571 &&dbid= 0&&repo=Meridian City Page 46 Page 118 IX. FINDINGS the in to to shall,and the !''.,,,,,-.rehensiye Plan, the > r-eview applieation. Couneil shall the following of:der- grant an amendment (;,,dings: make the Compreheiisive Plan the to the 6pawel #R4582530100) eonsistentivit if property, north the City. adjH.,t,,.,. iit to Me;, Ai -ea „f'7,,.T 3. The et L,.,.ndii,.., is intemally the Goals, Objectives Polioies pfoposed amendment the (`..mp-oh-nsiye Plan. eonsistent with and Of l A iei s . rt1 ,, l'.,,. yg 4. The e1 ,., . iy D a as noted in Ceet7oH : the Unified V. Development Code proposed amendment eonsistent with Development Code. 5. The be land amendment will eompatible with existing and planned stwFounding uses. Side itil ,., afi.t.., , eommereial 6. The , buy proposed amendment vvill not -den existing and planned sen,iee eapabilities. 7. The logioal tha proposed map amendment (as applieable) pr-ovides a juxtaposition of uses the afea. Page 47 Page 119 B. 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 and develop the subject property with R-8, R-15 and R-40 zoning is consistent with the MDR and MU-R FL UM designations. 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 is consistent with the purpose statement of the residential districts in that it would contribute to the range of housing opportunities consistent with the Comprehensive Plan. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The City Council finds the proposed map amendment and subsequent development will 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 that City services are available to be provided to this development. The School District has submitted comments, included in Section VIII.J, that currently show student enrollment is below capacity for the elementary school and within the capacity for the middle school and high school once Owyhee High School is opened, the City Council finds the proposed map amendment would not result in an adverse impact on the school district. 5. The annexation (as applicable) is in the best interest of city. The City Council finds the proposed annexation and development is in the best interest of the City. C. Preliminary Plat (UDC 11-6B-6) 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 and the Comprehensive Plan. 2. Public services are available or can be made available and are adequate to accommodate the proposed development; The City Council finds public services can be made available to the subject property and are adequate to accommodate the proposed development. Page 48 Page 120 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 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 safety and general welfare. 6. The development preserves significant natural, scenic or historic features. (Ord. 05-1170, 8- 30-2005, eff. 9-15-2005) The City Council is unaware of any significant natural, scenic or historic features that would need to be preserved with this development. 2. The altefnative complianee provides an equal of Is f0f Meeting ta 0 0 0ns ; r Page 49 Page 121