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Shelburne South Development Agreement H-2019-0106 (2020-138124) ADA COUNTY RECORDER Phil McGrane 2020-138124 BOISE IDAHO Pgs=49 BONNIE OBERBILLIG 10/15/2020 11:53 AM CITY OF MERIDIAN, IDAHO NO FEE DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Shelburne Properties, LLC, and Kenneth A. Williams, Owners 3. Shelburne Properties, LLC, Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this 13th day of October , 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 Shelburne Properties,LLC,whose address is 7629 E.Pinnacle Peak Road,#110, Scottsdale,AZ 85255 and Kenneth A.Williams,whose address is 4205 E.Bott Lane, Meridian, ID 83642, hereinafter called OWNERS and Shelburne Properties, LLC, whose address is 7629 E. Pinnacle Peak Road, 4110, Scottsdale, AZ 85255, hereinafter called DEVELOPER. 1. RECITALS: 1.1 WHEREAS, Owners are the sole owners, in law and/or equity, of certain tracts of land in the County of Ada, State of Idaho, described in Exhibit "A", which is attached hereto and by this reference incorporated herein as if set forth in full,herein after referred to as the Property; and 1.2 WHEREAS, Idaho Code § 67-6511A provides that cities may, by ordinance, require or permit as a condition of zoning that the 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 11-5B-3 of the Unified Development Code ("UDC"), which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, Developer with Owners' consent has submitted an application for annexation and zoning of 29.01 of land with an R-8(medium density residential)zoning district on the Property listed in Exhibit "A" (attached), under the Unified Development Code, which generally describes how the Property will be developed and what improvements will be made; and 1.5 WHEREAS, Developer made representations at the public hearing before the Meridian Planning and Zoning Commission and the Meridian City Council, as to how the Property will be developed and what improvements will be made; and 1.6 WHEREAS, the record of the proceedings for requested annexation and zoning before the Planning and Zoning Commission and the City Council, includes responses of government subdivisions providing services within the City of Meridian planning jurisdiction,and includes further testimony and comment; and 1.7 WHEREAS, on the 10th day of March, 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 DEVELOPMENT AGREEMENT—SHELBURNE SOUTH(H-2019-0106)-1 Shelburne South Development Agreement (GP revisions 9-16-2020) [13860-4] Item#25. 1.8 WHEREAS,the Findings require the Owners and Developer to enter into a Development Agreement before the City Council takes final action on final plat; and 1.9 WHEREAS, Owners and Developer deem it to be in their 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 Owners and 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 Shelburne Properties, LLC, whose address is 7629 E. Pinnacle Peak Road, #110, Scottsdale, AZ 85255 and Kenneth A. Williams, whose address is 4205 E. Bott Lane, Meridian, ID 83642, the parties that own said Property and shall include any subsequent owner(s) of the Property. 3.3 DEVELOPER: means and refers to Shelburne Properties, LLC, whose address is 7629 E. Pinnacle Peak Road, #110, Scottsdale, AZ 85255, 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. DEVELOPMENT AGRPEMENr--SHELBURNE,SOUTH(H-2019-0106)-2 Shelburne South Development Agreement (GP revisions 9-16-2020) [13860-41 Page 327 Item#25. 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under the UDC. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1 DeveIoper 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 VII and the provisions of the Staff Report attached to the Findings of Fact and Conclusions of Law,attached hereto as Exhibit"B". All such future development of the site shall be performed, or caused to be performed, by DeveIoper at Developer's sole cost and expense. b. The existing home, owned by Williams, proposed to remain on Lot 1, Block 4 shall hook up to City water and sewer services at the Developer's expense within 60 calendar days of such services becoming available in accord with MCC 9-1-4 and 9-4-8. At such time, the septic tank shall be abandoned and the well solely used for irrigation purposes. C. The address of the existing home on Lot 1, Block 4 shall change to be addressed off S. Selatir Way when the road is constructed. 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, at city's election. 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 Owners 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. 7.3 Remedies. In the event of default by Owners 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 DEVELOPMENT AGREEMENT—SHELBURN E SOUTH(H-2019-0106)-3 Shelburne South Development Agreement (GP revisions 9-16-2020) [13860-4] Page 328 Item#25. designations described herein, solely against the offending portion of Property and upon City's compliance with all applicable laws, ordinances and rules, including any applicable provisions of Idaho Code §§ 67-6509 and 67-6511. Owners 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 Iaw 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. 8. INSPECTION: 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. 11. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under the UDC,to insure the installation of required improvements,which Developer agrees to provide, if required by the City. 12. CERTIFICATE OF OCCUPANCY: No Certificates of-Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the City,or sufficient surety of performance is provided by Owner and/or Developer to the City in accordance with Paragraph I I 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. DEVELOPMENT AGREEMENT—SHELBURNE SOUTH(H-2019-0106)-4 Shelburne South Development Agreement (GP revisions 9-16-2020) [13860-4] Page 329 Item#25. 14. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: with copy to: City Clerk City Attorney City of Meridian City of Meridian 33 E. Broadway Ave. 33 E. Broadway Avenue Meridian, Idaho 83642 Meridian, Idaho 83642 OWNERS: DEVELOPER: Shelburne Properties, LLC Shelburne Properties,LLC 7629 E. Pinnacle Peak Road,4110 7629 E. Pinnacle Peal-,Road, #110 Scottsdale,AZ 85255 Scottsdale,AZ 85255 Kenneth A. Williams 4205 E. Bott Lane Meridian, ID 83642 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. 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. DEVELOPMENT AGREEMENT-SHELBURNE SOUTH(H-2019-0106)-5 Shelburne South Development Agreement (GP revisions 9-16-2020) [13860-4] Page 330 Item#25. I.S. 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 Owners 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 Owners and/or Developer and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. 21.1 No condition governing the uses and/or conditions governing re-zoning of the subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. [end of text; signatures, acknowledgements, and Exhibits A and B follow] DEVELOPMENT AGREEMENT--SHELBURNE SOUTH(H-2019-0106)-6 Shelburne South Development Agreement (GP revisions 9-16-2020) (13860-4] Page 331 Item#25. ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNERS: DEVELOPER: Shelburne Properties, LLC Shelburne Properties,LLC By: By: Its: Its: Kenneth A. Williams CITY OF MERIDIAN ATTEST: Chris Johnson, City Clerk By: Mayor Robert E. Simi son DEVELOPMENT AGREEMENT-SHELBURNE SouTH(H-2019-0106)-7 Shelburne South Development Agreement (GP revisions 8-16-2020) [13860-4) Page 332 Item#25. STATE OF �Cl�VP ss County of_ __ A6 2 ) On this _* day of SeOQ ' , 2020, before me, the undersigned, a Notary Public in and for said State, personally appeared Cla.[ n U , known or identified to me to be thee y � _ of Shelburne Properties, LLC, and the person who signed above na d acknowledged to me that he executed the same on behalf of said Company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. MI)SAY KIRBY ION#202019M !VOTARY PUBLIC Notary blic for STATE OF IDAHO Residi g at: MY COMMISSION EXPIRES 0610112M My Commission Expires: aoa� STATE OF IDAHO ) ss County of Ada } On this 13th day of October 2020, before me,a Notary Public,personally s appeared Robert E. Simison and Chris Johnson, known or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same.IN ;w WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the c day and year in this certificate first above written. Notary Public for Idaho Residing at: Meridian, ID My Commission Expires: 3-28-2022 DEVELOPMENT AGREEMENT—SHELBURNE SOUTH(H-2019-0106)-9 Shelburne South Development Agreement (GP revisions 8-16-2020) [13860-41 Page 334 Item#25. ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNERS: DEVELOPER: Shelburne Properties, LLC Shelburne Properties, LLC By: By: Its: Its: <K --. Williams CITY OF MERIDIAN ATTEST: By: Chris Johnson, City Clerk Mayor Robert E. Simison DEVELOPMENT AGREEMENT—SHE)LBURNE SOUTH(H-2019-0106)-7 Shelburne South Development Agreement (GP revisions 9-16-2420) [13860-41 Page 335 Item#25. STATE OF__ } ss County of ) On this day of ,2020,before me,the undersigned, a Notary Public in and for said State, personally appeared , known or identified to me to be the of Shelburne Properties, LLC, and the person who signed above and acknowledged to me that he executed the same on behalf of said Company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) Notary Public for Residing at: My Commission Expires; STATE OF UTAH } ss County"of Le } On this jr dayof 2020, before me, the undersigned, a Notary Public in and for said State,personally appeared Kenneth A.Williams,known or identified to nie to be the person who signed above and acknowledged to me that he executed the sane. IN WITNESS'WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) Notary Public f t-ah Residing at: LZI N1CHAELDAVi0Tt%+:.SKV My Commission xpires: � v, Notary PobUc,-Stale of Utah t Comm.no 697791 P.Ry commission apires.on s� Nov 14.2021 DEVE .oirivri err AoiEEiv MN r—SHEi.i3URNE SOUTH(11-2019-0106)-8 Shelburne South Development Agreement (GP revisions 9-16-2020) (13860-4) Page 336 Item#25. EXH f BIT A Annexation &Zoning Legal Description and Exhibit Map Legal Descript on for Annexation Shelburne South Subdivision A parcel of land.being located in the SW'/4 of the SE %of Section 26,Township 3 North, Range 1 East,Boise Meridian,Ada County,Idaho,and more particularly described as follows., Commencing at a Brass Cap monument marking the southwest corner of the SE Y4 of said Section 28, from which an Aluminum Cap monument marking the southeast corner of said SE `/s bears S 89°14'43"E a distance of 2660,54 feet; Thence S 89614'43"E along the southerly boundary of said SE"✓a a distance of 238.00 feet to the POINT OF BEGINNING; Thence N 0°31'20"E a distance of 965.92 feet to a point; Thence S 89'19'33"E a distance of 398.08 feet to a point, Thence N 0"31'18"E a distance of 358.85 feet to a point on the north boundary of the SE 1/4 of said Section 28;_,. Thence S 89°19'52"E along said north boundary a distance of 693.19 feet to the northeast corner of the SW'/of the SE%of said Section 28; Thence S 0°28'36"W along the east boundary of said SW'/a of the SE%a distance of 1326,37 feet to the southeast corner of the SW'/4 of the SE%of said Section 28; Thence along the south boundary of said SW Y4 of the SE Y4 N 89'14'43*W a distance of 706.23 feet to a point; Thence leaving said south boundary N 0`31'18"E a distance of 220.00 feet to a point, 'thence N 89°14'43"W a distance of 186,00 fleet to a point; Thence S 0*31'17"W a distance of 220.00 feet to a point on the south boundary of the SW'/of the SE'f of said Section 28; Thence along said south boundary N 89'14'43"W a distance of 200.09 feet to the POINT OF BEGINNING. l�$TS �s This parcel contains 29.01 acres. ti `�✓ m Q 11118 M Clinton W.Hansen, PLS a ��? Jj°I Z° Land Solutions,PC f '? OP > August 14,2019 Syr B a F ,P�5 <3 Y1; IJwI 1'1: 7i9 ) Sholbume Soukh Subdivision Annaxution �r,�'tane suMeying ana<m, ung Job No.19.08 Page 1 of i Shelburne South AZ 2019-0106 Page 337 Item#25. SHELBURNE SOUTH SUBDIVISION ANNEXATION LOCATED IN THE SW 1/4 OF THE SE 1/4 OF SECTION 28,T.3N., RZ I E., B.M. MERIDIAN,ADA COUNTY, IDAHO r r-� C5 1/E6 EASTIMC,CETY il1iI75 SOMWARY S89I 2"E 69319' 5E)J45 rsaya'sx'c sas,i�' sea�sze t 4�46 t � S t S.8919VE 39&08' I )� n tail HI r7 I � I I 118J'i4'43"W 188.04` E 0 PONT OF @WfZMENG N89!4'43'1V 26 238d11)' .09' �ia�� 3t6QW4YW 7003' _ p.2 28 21 � SUIVVE 26fa'0.54' Z AMITY RD. E) is � 34 L LA Nb TST a �t ;V �� rF Of W.'�P� 0 125 250 500 Land surveying and Consulting 231 E.5TH ST,STE.A MEWMAN,W 836-12 )x08)200-2040 [2081200-25571m vMnv.Fal'7cfAf[lCtli4s.taY k-0 k0.f4�t� Shelburne South AZ 2019-0106 Page 338 ttem#25. EXHIBIT B CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAWC��V IDIAN_ - AND DECISION& ORDER A H o In the Matter of the Request for Annexation of 29.01 Acres of Land with an R-8 Zoning District; and Preliminary Plat Consisting of Ninety-Nine(99)Buildable Lots,Nineteen(19)Common Area Lots and One(1) Other Lot on 27.9 Acres of Land in the R-8 Zoning District for Shelburne South Subdivision,by Shelburne Properties,LLC. Case No(s).H-2019-0106 For the City Council Hearing Date of: February 18,2020 (Findings on March 3,2020) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of February 18, 2020, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of February 18,2020, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of February 18, 2020, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of February 18,2020,incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the"Local Land Use Planning Act of 1975,"codified at Chapter 65,Title 67,Idaho Code(I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has,by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian,which was adopted April 19,2011,Resolution No. 11-784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s)received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision,which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant,the Community Development Department,the Public Works Department and any affected party requesting notice. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR SHELBURNE SOUTH—AZ,PP H-2019-0106 - I - Page 339 Meridian City Council Meeting Agenda March 3,2020— Page 103 of 222 Item#25. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of February 18,2020, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted,it is hereby ordered that: 1. The applicant's request for Annexation with R-8 zoning is hereby approved with the requirement of a Development Agreement; and the Preliminary Plat is hereby approved per the conditions of approval in the Staff Report for the hearing date of February 18,2020, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two(2)years of the approval of the preliminary plat or the combined preliminary and final plat or short plat(UDC 11-6B-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two(2)years,may be considered for final approval without resubmission for preliminary plat approval(UDC 11-613-713). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A,the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two(2)years. Additional time extensions up to two(2)years as determined and approved by the City Council may be granted.With all extensions,the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension,the property shall be required to go through the platting procedure again(UDC 11- 6B-7C). Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s) and returned to the city within six(6)months of the city council granting the modification. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR SHELBURNE SOUTH—AZ,PP H-2019-0106 -2- Meridian City Council Meeting Agenda March 3,2020— Page 104 of 222 Item#25. 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 February 18,2020 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR SHELBURNE SOUTH—AZ,PP H-2019-0106 -3 - Page 341 Meridian City Council Meeting Agenda March 3,2020— Page 105 of 222 Item#25. By action of the City Council at its regular meeting held on the 3rd day of March 2020. COUNCIL PRESIDENT TREG BERNT VOTED Aye COUNCIL VICE PRESIDENT BRAD HOAGLUN VOTED Aye COUNCIL MEMBER JESSICA PERREAULT VOTED Aye COUNCIL MEMBER LUKE CAVENER VOTED Aye COUNCIL MEMBER JOE BORTON VOTED Aye COUNCIL MEMBER LIZ STRADER VOTED Aye MAYOR ROBERT SIMISON VOTED Aye (TIE BREAKER) Robert E. Simision,Mayor Attest: Chris Johnson City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. By: Dated: March 3, 2020 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR SHELBURNE SOUTH—AZ,PP H-2019-0106 -4- Page 342 Meridian City Council Meeting Agenda March 3,2020— Page 106 of 222 Item#25. EXHIBIT A STAFF REPORTC�WEIIDIAN COMMUNITY DEVELOPMENT DEPARTMENT HEARING 2/18/2020 Le 9 en d DATE: 15 Loc 0 TO: Mayor&City Council FROM: Sonya Allen,Associate Planner 208-884-5533 Bruce Freckleton,Development Services Manager 208-887-2211 1 SUBJECT: H-2019-0106 Shelburne South LOCATION: North side of E.Amity Rd., I/4 mile west of S. Cloverdale Rd.,in the SE '/4 of Section 28,T.3N., R.IE. I. PROJECT DESCRIPTION Annexation of 29.01 acres of land with an R-8 zoning district; and,Preliminary plat consisting of 99 building lots, 19 common area lots and 1 other lot on 27.9 acres of land in the R-8 zoning district. II. SUMMARY OF REPORT A. Project Summary Description Details Acreage 27.9 Future Land Use Designation MDR(Medium Density Residential: 3-8 units/acre) Existing Land Use(s) Rural residential/agricultural(3 homes&accessory structures) Proposed Land Use(s) Single-family Residential(SFR) Lots(#and type;bldg./common) 99 building; 19 common; 1 other Phasing Plan(#of phases) Yes-2 phases Number of Residential Units(type 99 detached units of units) Density(gross&net) 3.55 gross/6.23 net Open Space(acres,total 4.33 acres/15.52% [%]/buffer/qualified) Amenities Sports court(pickleball);open waterway;shade structure with picnic tables,bench and bicycle parking Physical Features(waterways, Nine Mile Creek and Ten Mile Feeder Canal cross this site hazards,flood plain,hillside) Neighborhood meeting date;#of 8/6/2019;2 attendees attendees: Page 1 Page 343 Meridian City Council Meeting Agenda March 3,2020— Page 107 of 222 Item#25. Description Details History(previous approvals) None B. Community Metrics Description Details Ada County Highway District • Staff report(yes/no) Yes(Traffic Impact Study was not required) • Requires ACHD Commission No Action es/no Access(Arterial/Collectors/State Access via E.Amity Rd.,an arterial street; and S. Selatir Hwy/Local)(Existing and Proposed) Way,a local street from the north to be constructed with Shelburne East Subdivision Traffic Level of Service Eagle Rd. &Amity Rd.—Better than"E";Cloverdale Rd. —"F"(see ACHD report for more information) Stub Street/Interconnectivity/Cross Stub streets proposed to west and east for future extension Access Existing Road Network E.Amity Rd.,arterial street Existing Arterial Sidewalks/ None Buffers Proposed Road Improvements A center turn lane is required on Amity Rd. at the Amorita Ave.intersection with the 1st phase of development;or provide a turn lane analysis to ACHD for review. Dedicate ROW to total 37' from centerline of Amity Rd. & improve Amity to 17' of pavement from centerline Fire Service • Distance to Fire Station 2.2 miles(closest to Fire Station#4) • Fire Response Time 3:00 minutes under ideal conditions • Resource Reliability 78%-does not meet the target goal of 80%or greater • Risk Identification 1 (current resources would be adequate to supply service) • Accessibility Does not meet all required access(see Section VIII.C) • Special/resource needs An aerial device is not required • Water Supply 1,000 gallons per minute for one hour • Other Resources See Section VIILC Police Service • Distance to Police Station 5 miles • Police Response Time 5 minutes • Calls for Service 145 calls within 1 mile of site(within 12 month period) • %of calls for service split by See Section VIILD priority • Accessibility No issues • Specialty/resource needs None • Crimes • Crashes 17 crashed within 1 mile of site(within 12 month period) • Other Reports No outstanding issues or concerns West Ada School District • Distance(elem,ms,hs) Silver Sage Elementary: 5.1 miles Lake Hazel Middle School:2.4 miles Mountain View High School:4.8 miles (Note:Enrollment at Hillsdale Elementary is currently capped;students in this subdivision will attend Silver Sage Elementary until a new school is built.) • Capacity of Schools Silver Sage Elementary:405 Page 2 Page 344 Meridian City Council Meeting Agenda March 3,2020— Page 108 of 222 Item#25. Description Details Lake Hazel Middle School: 1,000 Mountain View High School: 1,800 • #of Students Enrolled Silver Sage Elementary:295 Lake Hazel Middle School: 1,085 Mountain View High School:2,277 Wastewater • Distance to Sewer Services Contiguous once Shelburne No.2 is constructed • Sewer Shed South Black Cat Trunkshed • Estimated Project Sewer 99 Building Lots ERU's • WRRF Declining Balance 13.77 • Project Consistent with WW Yes Master Plan/Facility Plan • Impacts/Concerns None at this time Water • Distance to Water Services Contiguous once Shelburne East No. 1 is constructed • Pressure Zone 4 • Estimated Project Water 99 Building Lots ERU's • Water Quality Concerns None • Project Consistent with Water Yes Master Plan • Impacts/Concerns No redundant connection for homes to the west of Amortia Ave,however development to the west will correct this issue.Water connection from Shelburne East Sub to Amity must be completed by phase 3 of Shelburne East. COMPASS(Communities in See Section VIII.E Motion 2040 2.0) — Page 3 — Page 345 Meridian City Council Meeting Agenda March 3,2020— Page 109 of 222 Item#25. C. Project Area Maps Future Land Use Map Aerial Map Legend Legend ' Project Luca Sm Ei I �ti.`- $ i [3n ity ,' i a uw:l d� ILL Res�cieniOi AMWU-N — LXMF Oft i01 Zoning Map Planned Development Map f Legend I-A endRUT d Project Lccafi4n �� d City Lirnt LULLIIL — Pk3nned Pameis LULLIIL $ R-2 RAN - RUT R RU y l l7Ufi R4 R-8 - T— FEE FEE — — ME III. APPLICANT INFORMATION A. Applicant: Shelburne Properties,LLC—7629 E. Pinnacle Peak Rd.,#110, Scottsdale,AZ 85255 B. Owners: Shelburne Properties,LLC—7629 E. Pinnacle Peak Rd.,#110, Scottsdale,AZ 85255 Kenneth A. Williams—4205 E. Bott Ln.,Meridian, ID 83642 Page 4 Page 346 Meridian City Council Meeting Agenda March 3,2020— Page 110 of 222 Item#25. Gordon Jay Skinner—4120 E. Amity Rd.,Meridian, ID 83642 C. Representative: Ben Thomas, Civil Innovations,PLLC— 1043 E. Park Blvd., Ste. 101,Boise,ID 83712 IV. NOTICING Planning& Zoning City Council Posting Date Posting Date Notification published in 11/29/2019 1/31/2020 newspaper Radius notification mailed to property owners within 300 feet 11/26/2019 1/28/2020 Public hearing notice sign posted 1/7/2020 1/16/2020 on site Nextdoor posting 11/26/2019 1/28/2020 V. STAFF ANALYSIS A. Future Land Use Map Designation(ht(ps://www.meridiancity.org/compplan) MDR(Medium Density Residential)—The MDR designation allows smaller lots for residential purposes within City limits.Uses may include single-family homes at gross densities of 3 to 8 dwelling units per acre. The proposed single-family homes and gross density of 3.55 units per acre is at the low end of the desired density range but is consistent with previous phases of Shelburne Subdivision to the north and west and with the MDR designation. B. Comprehensive Plan Policies (https://www.meri&ancioy.orglcompplan): • "Provide for a wide diversity of housing types(single-family, modular,mobile homes and multi- family arrangements) and choices between ownership and rental dwelling units for all income groups in a variety of locations suitable for residential development."(3.07.03B) The proposed single-family detached homes will contribute to the diversity in housing types in the City. Staff is unaware if the proposed units will be owner occupied or rental units. • "Require open space areas within all development."(6.01.01A) Qualified open space is required to be provided in accord with the standards listed in UDC 11-3G- 3.As proposed, the development exceeds the minimum qualified open space requirement. • "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) Urban services can be provided and this development is contiguous to the City. • "Restrict private curb cuts and access points on collectors and arterial streets."(3.06.02D) One (1) access is proposed via E.Amity Rd., the abutting arterial street; local street access is not available at this time but will be in the future from the north when Shelburne Subdivision No. 2 develops. Stub streets are proposed to the properties to the west and east for future extension and interconnectivity. • "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 pedestrian connections proposed to adjacent properties other than sidewalks along stub streets;Staff recommends a multi-use pathway is constructed along the southwest side of the Page 5 Page 347 Meridian City Council Meeting Agenda March 3,2020— Page 111 of 222 Item#25. Nine Mile Creek from the east to the northwest boundary of the subdivision for future extension and interconnectivity between neighborhoods and the future school site to the west as noted below,and an easement for a multi-use pathway is provided on the northeast side of the Ten Mile feeder canal for future construction of a pathway if needed. C. Existing Structures/Site Improvements: There are three(3)existing homes and accessory structures on this site. Only one (1)of the existing homes will remain on a lot in the proposed subdivision(i.e. Lot 1,Block 4); the remaining structures should be removed from the site prior to signature on the final plat by the City Engineer for the phase in which they are located. The address for the home to remain will change to be addressed off of W. Selatir Way when constructed. The Applicant submitted a conceptual development plan for Lot 1,Block 4 that demonstrates how the site could,but is not required to, redevelop in the future(see Section VIII.F). D. Preliminary Plat: There is an out-parcel(#Sl 128438652, Bunch/Kirkwood property) along the southern boundary of the project site that fronts on E.Amity Rd.; the City Attorney has deemed it be a legally divided parcel from the subject property and as such is not required to be included in the boundary of the proposed subdivision. Public street frontage(E. Grayson St., a local street)is proposed on the plat for future access upon redevelopment of that property so that access via the arterial street(i.e. Amity Rd.)can be terminated in accord with UDC 11-3A-3A in the future. The proposed minimum lot size is 5,446 square feet(s.£) and the average lot size is 6,994 s.f. E. Proposed Use Analysis: Only single-family lots are proposed; single-family detached dwellings are listed as a principal permitted use in the R-8 zoning district per UDC Table 11-2A-2. F. Specific Use Standards(UDC 11-4-3): Not applicable (single-family dwellings are not subject to specific use standards) G. Dimensional Standards(UDC 11-2): All future development is subject to the dimensional standards of the R-8 zoning district set forth in UDC Table 11-2A-6. The existing home that is proposed to remain on Lot 1, Block 4 meets the setback standards of the district. The proposed lots meet the minimum dimensional standards of the district. H. Access(UDC 11-3A-3, 11-3H-4): One(1)public street access is proposed via E.Amity Rd., an arterial street; and one(1)local street access is proposed to be extended from the north with development of Shelburne East Subdivision. One (1) stub street is proposed to the west and two (2) stub streets are proposed to the east for future extension and interconnectivity. The out-parcel that fronts on E. Amity Rd., an arterial street,will have frontage on an internal local street,E. Grayson St.,for future access internally from within the subdivision. Staff recommends a note is added to the final plat prohibiting direct lot access via E.Amity Rd to all the lots within the subject subdivision. One(1)common driveway is proposed on Lot 6,Block 5 for access to Lots 7-9,Block 5 from E. Grayson St., a local street. Common driveways are required to comply with the standards listed in UDC 11-6C-3D which include but are not limited to the following: A perpetual ingress/egress easement is required to be filed with the Ada County Recorder for the common driveway which shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment—a Page 6 Page 348 Meridian City Council Meeting Agenda March 3,2020— Page 112 of 222 Item#25. copy of which should be submitted to the Planning Division prior to signature on the final plat by the City Engineer; and 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 that are accessed by the common driveway. 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. Address signage should be provided at the public street for homes accessed by the common driveway for emergency wayfinding purposes. Note:If desired, the Applicant could provide a common driveway north of E. Davin St.for access to Lots 48-51, Block 4 if approved by the Fire Dept. as set forth in UDC 11-6C-3D.3; this would allow an increase in the adjacent common area. Revised plans should be submitted at least 10 days prior to the Council meeting if the change is desired. Access is currently provided to the existing home proposed to remain on Lot 1,Block 4 (the Williams' property) and to the abutting property to the west that is not a part of this development(Parcel #51128438580, owned by the Freeman's)via S. Selatir Ln, a private lane, from E. Bott Ln. to the north; access to the Freeman property via Selatir Ln. is obtained across the William's property. To ensure access is still provided to the Freeman property once Shelburne East develops to the north and S. Selatir Ln.is removed, Staff recommends a cross-access easement for a minimum 20-foot wide driveway is required to that property across Lot 1,Block 4. This easement should remain in effect until such time as the Freeman property redevelops and public street access is provided to that property. Development of this project is limited to 30 building lots until such time as two (2)separate approved Fire Dept. access points are completed. I. Parking(UDC 11-3C): Off-street parking is required to be provided for the proposed use as set forth in UDC Table 11-3C-6 based on the number of bedrooms per unit. On-street parking is also available along local streets within the development for guest/additional parking. J. Pathways (UDC 11-3A-8): An internal 5-foot wide pathway is proposed through Block 4 along the south side of the Nine Mile Creek. At the recommendation of the Park's Department, Staff recommends this pathway is constructed at 10 feet in width in a 14-foot wide public pedestrian easement and serves as a segment of the City's multi-use pathway system; this pathway should extend from the east to the northwest perimeter boundary of the subdivision for future extension and interconnectivity with adjacent neighborhoods and to the future school site to the west.The pathway should be constructed in accord with the standards listed in UDC 11-3A-8 and landscaping should be installed adjacent to the pathway in accord with the standards listed in UDC 11-3B-12C. The Pathways Master Plan depicts a segment of the City's multi-use pathway system along the northeast side of the Ten Mile Feeder Canal,located at the northeast corner of the site. As this area is not accessible from this development without a pedestrian bridge and is at the east boundary of the City's Area of Impact,the Park's Department is not recommending a multi-use pathway is constructed at this time; however, a 14-foot wide public pedestrian easement should be dedicated to allow the pathway to be constructed in the future if needed. Page 7 Page 349 Meridian City Council Meeting Agenda March 3,2020— Page 113 of 222 Item#25. K. Sidewalks(UDC I1-3A-17): Sidewalks are required to be provided with development along both sides of all public streets in accord with the standards set forth in UDC 11-3A-17. Minimum 5-foot wide detached sidewalks are required along E.Amity Rd., an arterial street; and attached sidewalks are required along all internal local streets as proposed. L. Parkways (UDC 11-3A-17): Eight-foot wide parkways are proposed at the entry of the development adjacent to S. Amorita Ave landscaped with Class II trees per the standards listed in UDC 11-3A-17. M. Landscaping(UDC 11-3B): Landscaping is required in accord with the standards listed in UDC 11-3B as follows: Street buffers: A 35-foot wide street buffer is required and proposed along E. Amity Rd., an entryway corridor,per UDC Table 11-2A-6, landscaped per the standards listed in UDC 11-3B-7C; trees in excess of the minimum standards are proposed. Parkways: Parkways are required to comply with the standards listed in UDC 11-3A-17E and be landscaped per the standards listed in UDC 11-3B-7C; calculations should be depicted in the Landscape Calculations table on the landscape plan demonstrating compliance with these standards. Common open space: Common areas are required to be landscaped per the standards listed in UDC 11-3G-3E. Trees are proposed in excess of the minimum required. See the Qualified Open Space section below for more information. Pathways: Landscaping is required adjacent to pathways in accord with the standards listed in UDC 11-3B-12C. A pathway is proposed through Block 4 along the south side of the Nine Mile Creek; calculations should be included in the Landscape Calculations table on the landscape plan demonstrating compliance with the standards in UDC 11-3B-12C.2. Mitigation: Mitigation is required for all existing trees,4"caliper and greater in size,that are removed from the site as set forth in UDC 11-3B-10C.5. The landscape plan depicts 30+/-trees that are proposed to be removed that may require mitigation; the applicant should coordinate with Elroy Huff,the City Arborist, at 208-371-1755 to determine mitigation requirements. The landscape plan includes a note stating,"extra trees provided above those required for mitigation: 272 trees (2"cal.)=544 cal. Inches"which should satisfy the mitigation requirements; however,that will be determined after the City Arborist's inspection. N. Qualified Open Space (UDC I1-3G): A minimum of 10% qualified open space is required to be provided. Based on a total of 27.9 acres of land,a minimum of 2.79 acres is required that complies with the standards listed in UDC 11-3G-3. The proposed qualified open space consists of the street buffer along E. Amity Rd., an arterial street (50%=0.42 of an acre); a centrally located linear open space area along the Nine Mile Creek that includes a water feature(2.84 acres); a 110' x 113' common area near the southeast corner of the site on Lot 3,Block 2 (0.29 of an acre); and parkways(0.04 acre) adjacent to S. Amorita Ave. at the entry of the development from Amity Rd.totaling 3.59 acres in excess of the minimum standard.A few other open grassy areas depicted on the open space exhibit in Section VII.D do not qualify as they are below 50' x 100' in area;however,the project meets the minimum standards without these areas. Staff recommends a note is placed on the final plat restricting Lot 1,Block 8 to a non-buildable lot. — Page 8 Page 350 Meridian City Council Meeting Agenda March 3,2020— Page 114 of 222 Item#25. Note: The Applicant does not plan to improve the common area on the east side of the Ten Mile Feeder Canal as it is not accessible by this development. O. Qualified Site Amenities (UDC 11-3U): A minimum of one(1) qualified site amenity is required per 20 acres of development area. Therefore, based on 27.9 acres, a minimum of one(1)amenity is required. The following amenities are proposed: a sports court(i.e.pickleball)from the Recreation category; and a picnic area with a 20' x 20' shade structure,picnic tables and bench from the Quality of Life category in accord with UDC standards. See detail in Section VII.D. Although not a"qualified"amenity, a pathway is proposed along the southwest side of the Nine Mile Creek which will provide an additional recreation amenity for residents. Staff recommends this pathway is extended to the east and north boundaries of the site along the creek for future extension in accord with the Comprehensive Plan as discussed above and based on Park Department's comments (see Section VIII.E). P. Waterways(UDC 11-3A-6): The Ten Mile Feeder Canal crosses the northeast corner of the site and the Nine Mile Creek crosses the site further to the southwest;both of these waterways are proposed to remain open in accord with the standards listed in UDC 11-3A-6B. Q. Fencing(UDC 11-3A-6, 11-3A-7): Fencing is required to comply with the standards listed in UDC 11-3A-6 and 11-3A-7. A 6-foot tall solid vinyl fence is depicted on the landscape plan along the perimeter boundary of the subdivision except for adjacent to the Ten Mile feeder canal where 5-foot tall open vision lattice top vinyl fence is proposed; open vision fencing is also proposed adjacent to internal common areas. There is not a detail for open vision lattice top vinyl fence,only 5-foot tall wrought iron fence (see Sheet L6); staff recommends the legend is revised to reflect that described on the detail on Sheet L6. Staff recommends the Applicant provide details at the public hearing in regard to the depth and slope(i.e. horizontal:vertical)of the Nine Mile Creek in order for the Commission/Council to determine if fencing should be required adjacent to the waterway to preserve public safety.Note: UDC 11-3A-6C states fencing shall not prevent access to natural waterways such as creeks; in limited circumstances and in the interest of public safety, larger open water systems may require fencing as determined by City Council, the Director and/or Public Works Director. R. Utilities (UDC 11-3A-21): Connection to City water and sewer services is proposed; all utilities are stubbed to the northern site boundary from the previous Shelburne East development. 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. S. Pressure Irrigation(UDC 11-3A-15 : An underground pressurized irrigation system is required to be provided for each lot within the development. The Ten Mile Feeder Canal will provide irrigation water for the project. A pump station — Page 9 — Page 351 Meridian City Council Meeting Agenda March 3,2020— Page 115 of 222 Item#25. was installed as part of Shelburne East Sub. 1 which was sized to serve Shelburne East and this development. T. 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. U. Building Elevations(UDC 11-3A-19 I Architectural Standards Manual): Conceptual building elevations were submitted that depict a variety of architectural styles for single- family detached homes planned to be constructed within this development as shown in Section VILE. The architecture style is proposed to be a continuation of that in the previous Shelburne developments to the north and west and consist of a mix of contemporary forms and modern farmhouse styles with materials ranging from stone to stucco and board-and-batten siding materials with natural colors. Homes will range in size from 1,600 to 2,200 square feet and a large percentage of the homes will be single- story. Single-family detached homes are not subject to Design Review per UDC I1-5B-8B.2. VI. DECISION A. Staff: Staff recommends approval of the proposed annexation and preliminary plat applications with the requirement of a Development Agreement per the comments and conditions listed in Section V111 in accord with the Findings in Section IX. B. The Meridian Planning&Zoning Commission heard these items on December 19,2019 and January 6,2020. At the public hearing on January 6',the Commission moved to recommend approval of the subject AZ and PP requests. 1. Summary of Commission public hearing: a. In favor: Deb Nelson, Givens Purslgy b. In opposition:None c. Commenting: Brian Wilson d. Written testimony: Applicant(response to the staff report);Ann Kirkwood,David Palumbo e. Staff presenting application: Sonya Allen f. Other Staff commenting on application: None 2. Key issue(s)of public testimony a. Location of multi-use pathway along the Ten Mile Feeder Canal-Developer of property to the east stated they were required to provide a pathway along the southwest side of the canal in Ada County;the Pathways Master Plan depicts the pathway on the northeast side of the canal. 3. Key issue(s)of discussion by Commission. a. Location of access easement to the Freeman property via Selatir; b. Confirmation b, t�pplicant that the amenities in the previous Shelburne and Shelburne East Subdivisions will be shared with this development and will all be under the same HOA; c. Type of fencing proposed in place of wrought iron(i.e. 5' open vision lattice top vinyl) —agreeable to vinyl as long as it complies with UDC standards for open vision fencing (i.e. can't restrict vision through the fence by more than 20%h d. Request for the Applicant to consider of a different st, l�picnic shelter that is less commercial in appearance that will fit in more with the design of homes; Page 10 Page 352 Meridian City Council Meeting Agenda March 3,2020— Page 116 of 222 Item#25. e. Concern from neighbor(Kirkwood)pertaining to access to their back pasture; Applicant agreed to install a gate in the fence for access to the pasture via Grayson Street. f. If someone else(i.e. the developer to the east)wants to construct a pedestrian bridge across the Ten Mile Feeder Canal for access to the pathway easement on this property, it would be okay with the Applicant; g_ The width(5' vs. 10') of the pathway, through this site adjacent to the Nine Mile Creek; h. Lot 1,Block 8 should be called out as a common lot rather than"non-buildable"; i. Concern pertaining to traffic congestion in this area and not having a Traffic Impact Study for any of the developments in this area because the preliminary_plats all contained under 100 homes (over 100 triggers a TIS)—desire for road infrastructure to be in place to handle the additional traffic before more developments are approved. 4. Commission change(s)to Staff recommendation: a. Modify condition#A.3d in Section VIII to reflect replacement of the 5' tall open vision iron fence with 5' tall open vision lattice top vinyl fence that complies with UDC standards for open vision fencing(see UDC 11-1A-1); b. Modify condition#A.3e in Section VIII to reflect a 5' instead of a 10' wide pathway along the southwest side of the Nine Mile Creek within an 8' wide easement. c. Modify conditions#A.2c and A.10 in Section VIII to remove the specific Lot and Block number for the access easement for the Freeman parcel to allow that previously agreed upon with the Freeman's through Shelburne East Subdivision via S. Selatir Way; d. Modify condition#A.2a in Section VIII to include Lot 1,Block 8 in the plat notes as a common lot rather than a non-buildable lot; and, e. Add a condition for the Applicant to consider alternate styles for a picnic shelter to match the neighborhood development and design(see condition#A.12 in Section VIII). 5. Outstandingissue(s)ssue(s) for City Council: a. Staff recommended the Applicant provide details at the public hearing in regard to the depth and slope(i.e. horizontal:vertical)of the Nine Mile Creek in order for the Council to determine if fencing should be required adjacent to the waterway to preserve public safety as set forth in UDC 11-3A-6C.1. C. The Meridian City Council heard these items on February 18, 2020. At the public hearing, the Council moved to approve the subject AZ and PP requests. 1. Summary of the City Council public hearing: a. In favor: Deb Nelson, Givens Purslev b. In opposition: None c. Commenting: Brian Wilson d. Written testimony: Applicant e. Staff presenting application: Sonya Allen f. Other Staff commenting on application: None 2. Key issue(s)of public testimony: a. Question pertaining to which side of the Ten Mile Feeder Canal the Board of Control's access is on. 3. Key issue(s)of discussion by City Council: a. Concern pertaining to the lack of improvements proposed on Lot 1,Block 8 that it will create a weed problem and result in lack of maintenance: b. Preference for the appearance of the shelter proposed as"Option 2"- c. Desire to know the number of children that are estimated to attend area schools in developments that have been approved but not yet constructed that are not accounted for in the school district's calculations. 4. City Council change(s)to Commission recommendation: Page 11 Page 353 Meridian City Council Meeting Agenda March 3,2020— Page 117 of 222 Item#25. a. Council preferred the picnic shelter in Option#2 included in Sections VILC and D (delete condition#A.12 in Section VIII as it's no longer applicable): b. Include a condition for Lot 1,Block 8 to be improved with grass and irrigation and for it be maintained by the HOA as agreed upon by the Applicant(see condition#A.3h)• c. Based on the slope exhibit submitted by the Applicant showing a typical 3:1 slope of the Nine Mile Creek.the Council did not require fencing to be installed along the waterway (see condition#A.3f in Section VIIII. Page 12 — Page 354 Meridian City Council Meeting Agenda March 3,2020— Page 118 of 222 Item#25. VII. EXHIBITS A. Annexation&Zoning Legal Description and Exhibit Map Legal Description for Annexation Shelburne South Subdivision A parcel of land being located in the SW'/<of the 5E '/a of Section 28,Township 3 North, Range 1 East,Boise Meridian,Ada County, Idaho,and more particularly described as follows: Commencing at a Brass Cap monument marking the southwest corner of the SE'/a of said Section 28. from which an Aluminum Cap monument marking the southeast corner of said SE Y.bears S 89°14'43"E a distance of 2660.64 feet; Thence S 84'14'43"l=along the southerly boundary of said SE'/a a distance of 238.00 feet to the POINT OF BEGINNING; Thence N 0°31'20"E a distance of 965,92 feet to a point; Thence S 69'19'33"E a distance of 396.08 feet to a point; Thence N 0131`18"E a distance of 358,85 feet to a point can the north boundary of the SE Y4 of said Section 28; Thence S 89°19'52"E along said north boundary a distance of 693.19 feet to the northeast corner of the SW'/a of the SE 1..of said Section 28; Thence S 0°26'36"W along the east boundary of sand SW'14 of the SE%a distance of 1326.37 feet to the southeast corner of the SW'/4 of the SE'/of said Section 28; Thence along the south boundary of said SW Y.of the SE'/a N 89°14'43"W a distance of 706.23 feet to a point; Thence leaving said south boundary N 0*31'18"E a distance of 220,00 feet to a polnt; Thence N 89°14`43"W a distance of 186.00 feet to a point; Thence S 0°31'17"W a distance of 224.00 feet to a point on the south boundary of the SW'f of the SE'/of said Section 28; Thence along said south boundary N 89®14'43"vV a distance of 200.09 feet to the POINT OF BEGINNING. P� �bs This parcel-contains 29.01 acres. �r� R I t 1 C) Clinton W.Hansen, PLS h Land Solutions,PC August 14,2019 f'�p � OF ONW J Shalbume South Subdivision An nexation Job No.19-pg � a a�.rymy.na Coinaf l"g Page 1 Or 1 Page 13 Page 355 Meridian City Council Meeting Agenda March 3,2020— Page 119 of 222 Item#25. SHELBURNE SOUTH SUBDIVISION ANNEXATION LOCATED IN THE SW 1/4 OF THE SE 1/4 OF SECTION 28, T.3N., R.1 E., B,M. MERIDIAN, ADA COUNTY, IDAHO I CS I/is r IST11N; aTF LIiAi75 80tlff�ARY Sol 2"E 69319 5E ilib sso5a'sa'e eas.l,' I.." u�c s/is 1323 P i I S809'337 3 eXt • — I i ?WOO � m o I x � NM43N ISO. I I PCWT OF '� W m I o 8EGNNING 28 238600 H8934'w Hestia _ i4`43'W 70.23' 13 � 33 58974'k3'E R. E. AMITY RD. E I e 33 34 BASIS Or HARM L LA No A S 7 q- �. 1111 cc) OF ON 'W.'�� i a 125 250 500 Land Surveying and Consulting 231 E SIT4 S7.,SM,A. M ERIf)".JD 836Q 1209i 298-2M r2j S£�&2557 fix Page 14 Page 356 Meridian City Council Meeting Agenda March 3,2020— Page 120 of 222 Item#25. B. Preliminary Plat(dated: 9/5,L20112/7/20)&Phasing Plan SHELBURNE SOUTH-2020 PRELIMINARY PLAT MERIDIAN,IDAHO Ca / RRJECPRIEE V6J- rSHELBURNE j I 1 1 or sw \,ram y sEcrow �_ =0 6 N PROPOSED SHELRNRNE FASTSBB. 5 SUBO.N0.2 N 1 �� NNE j ;•� a INA,'v r PROPOSED .a SOUTHPARK SUB. ^- � .„maunwnvPur w.n e I � •w • r " 9 • ° �I � om. a s R �• _ m� ..a N e _ 5 i .,.. ra crN. •.. �3 n ffi a« ma. ,.. W \ e I g �mmwcEorn � w' - e :a �s a -E AMRV RRAB Pi Page 15 — Page 357 Meridian City Council Meeting Agenda March 3,2020— Page 121 of 222 Item#25. - .......... 1 � � 1 I. 1 I I ~ I 1 - I PHASE 1 ' PHASE 2 rr � � 1 MGM � I I I � I r� �1 HORIZONTAL SCALE IN FEET PRGUEGTNP. 19-=3-GS °"G FILE DESI6Nm..9Y 6T SHELBURNE SOUTH SUBDIVISION CIVIL INNOVATIONS,PLI_C DRAM BY am MERIDIAN.IDAHO 1043 E.PARX aWn GTE 101 GHEGKED BY 8T WISE ID 93712 PHME(206) IMUE WILE 11vKr& Asa-0181 WAZ ASSHOWN PHASING PLAN UEEf 1 OF 1 Page 16 — Page 358 Meridian City Council Meeting Agenda March 3,2020— Page 122 of 222 Item#25. C. Landscape Plan(date: 9,16,120192/12/20) &Nine Mile Creek Cross-Section LANDSCAPE CALCULATICN5 PLANT PALETTE a. u,.u.-., evrnawa w.e it 29. �.,rorDaw. a wxrtml � 0\4ux� rae �F mwe avma. a cx e.e 'SAW' Sh..YHN/ti5 m �A .. NOTES r max , 17 CMVELOPMENT DATA SHELBURNE SOUTH SUBDIVISION JENSENBE« MERIDIAN, IDAHO PRELIMINARY PLAT LANDSCAPE PLAN =--p—^ FEBKUARY 12,2020 Page 17 Page 359 Meridian City Council Meeting Agenda March 3,2020— Page 123 of 222 Item#25. r .MATC t.L,lr �s e � \ 11 ' BLOCK m id MATC uw Li 2 4 5,500 v€ b,9525F 1, 6,019 SF 54 a 1 55C0 IF BLOCNT '1 I ` '.15 K I43 4 •., � y. ..a 5500SF 5,500 IF r fi;Ox SE E.TAOAMIRA OR. - la a i$ 6,6005F Sj5006F 5,000 IF a 5,500 SF 5,500 SF 5.5005E i A 6,900 6F 6 : BLOCN5 u¢u - 1! S 7 5,50057 0 5,500 5F 6,C00 6F , �P W S .. 31 8LC7(7 g. :1Q 411 1 39 6u S MU IF '�+ S,SOO IF 560C SF 6.000 SF w� 5'::::.. I 5M6 SF 55C95F 3BxK ' = LU 56015F .. 1 60005E ' �� H Q 7) 0 U co 3,1636F„ E.SRATSOY Si AY, :-. W _ '�`,' Z 2 NOTESS Z) a < J LLJ 9 fl = 2 7,9f35F 7,428 IF' 7.666 SF IB it I ur,ra.in BLOCK I 03 OIF J 1 _ 8491 5� = I Q .665 6E } KEY MAP LL �:1 1 _ ONRY ROAD — © �,..•N,.��m -- ---- .. y L1 �y fy 'k f ` MATTIHLINI L�L. _ F MATCHLINE L2 MATCIILB�L3 { MATCHUNE L2 47, 82008'F I 1 b !, 5S093F f T♦I j4 60 SF � --- U—.-- �1.. 5 5m s, _. 6,B24 IF ...,:....:: �1 elm SF `0 4 BttK 345 a ffi25 a i s,z63 sF - s,sw IF s,s90 5F 5 n a s O°x co 6:fi00 sF 6600 �. LU O 8,2055E .p / W •-- _ 5' sF �i� NOT Q 0 � E.MIATYONST m ¢ 0. n . LU _ Y = Zi C 9 k 1 t ° ' 6LOCI(i Zi 305 6 3f 9 SF S L T KEY MP a . 6 55W.0 5 6,6255 F I 4 F AAt YR0AoT— ® 11-2 Page 18 Page 360 Meridian City Council Meeting Agenda March 3,2020- Page 124 of 222 Item#25. MA7CMLINE-LS-. { . \MATCHLINE L3 jj� � ., 71* 2� ,\ 13 ,1 35 6F 5 2i ! 48 55668E m 5L0 K I• r 14 I cs v Aq A In f 50 15 \ i 5,5006E �� „• Y.�,` ,\.� 16 \, ,- .. .... SIT IF ! 47 46 45 1r 91 ; 5 500 SF 5,500 IF 0 e I 9LCMAC z 5500 SF d 5,5ODEF E.DAMN 3T. ; " -_)05 F < 726e�s 1. �► 0 N 3 3F z oY— � r 1 L _ 5 Y .. Y 5`00 SF MATCHLINE L3 ;F W J MATCHLINE LI , LL LU PLANT P LETTE I M cWLI L3 r 31 NO TM NE r'u9 MATCHLNE L2 W KEY MAP 1 77� PLAN *,jj—� L3 PLANT PAL.E`TTE MA`CNLINE LS ^MATCHLINE L4 BLOCK 9,4626E 3 " 6979 IF Jr 1 n /may 6 T �0C SF ! �0 8 S \\ 65—F 1j E.AkAi DIL z \ rI a a C kMY, " F a f9 U 55005E i ry S NO gz �71 G B/�yCr MOCK 2 t1 W Z J 5.5005E W > c W \ _.°65= 55005F z \ 22 yy W � ` T.. — - 2 ;.. 5,5 005F KEY MAP a - .MATCHLINE L4 K MATCFi LZ 1 I I LANDSCAPE PL0.N ® L4 Page 19 — Page 361 Meridian City Council Meeting Agenda March 3,2020— Page 125 of 222 Item#25. l r\l.I=iCk w PRDF1DSE SHELP URN E EAST SUB. 7.Y� r.9 N BLCCN9 .... �� 33,433 sF { 1p I »i \ 10 x� 11 11 M.,11ixii Jy� 60005F 5500 sF ® l 50OSF C p LU No I J Z cc a r t, W z } = C h� -— __ 4 g a 7,721 sF ►� � -.MATS PIE L6 6.=iE F MAAT�LIN�LI W __ MATCHLINE L9 MATGHLINE L4 r KEY MAP Q. i 0 � I �y +I I L"' LRNC9CAPE '� PLAN L5 Pi.-ANT ETTE " ew a IN f ful.A FEWE »...xlAP •• ..•. �J TREE PLANTINGW TAKING TTm-_ry, i i �� �����'�� »i.i Y xi, F- ` %- NOTE5 DO cai LU Z a z cc OPEN VI51ON VINYL SLAT TOI' { ii x ii ii M 0 OSHRUB PLANYINri x:..e v—• » iii ixnni W 2 ii I�ni nn�ini i'iii'i ii II��i���i'ii n.........i.....i..... .i'uiin = 4 .[,,LL�,"�I ION` ri[ A z g .; w 'I „f lLLOF'MENT n-til-: a }-low - ---- o a . iw iii iiin+ iyu.a.w,mr.w�r. JLANP9CAPE II�11111" II-II II-I ��lll. �II I"e�A-U525 i iii i ii i»i i� i �»ii»»i »i� L6 Page 20 Page 362 Meridian City Council Meeting Agenda March 3,2020— Page 126 of 222 Item#25. V F1FI-H ,�.�.o.a..�r,e....�a.�NN W ., ,. - r�wr�.ro r me F'IGNIC.N IELTEk Yj z OU Q N (D a ❑ ,� k ..�.., ... ........ ... to z W ¢ ~ O BIKE RACK m Q a —_ W cc 11!LA PE i.,ww wa 11 II 1 ->.NATION .uae OMN WATERWAY TCAT..RE w« •� •~ L7 Page 21 — Page 363 Meridian City Council Meeting Agenda March 3,2020— Page 127 of 222 MATCH EMS 3:1 MAX SLOPE HORIZONTAL SCALE IN FEET SHELBURNE SOUTH SUBDIVISION NINE MILE CREEK TWICAL CROSS—SEC—ION Pro, Page22 Meridian City Council Meeting Agenda March 3.zOzo— Page 128of222 L--------� Item#25. D. Qualified Open Space Exhibit and Amenities Detail 12 [ r y4 4�W 1 6 TAOINM AL I _ .� E urxrrlo.n�_ [ f [ 1 tI a , I. I — _ ----- E AMIT11ROQ ------- Table 2:Open space calcufation breakdown PRELIMINARY PLAT DATA TOTAL ACRES 27.90 AC ZONING PUBLIC RIGHT-DF-WAY 6.00 EXISTING:RUT PROPOSED:R-8 RESIDENTIAL AREA 15.90 MINIMUM LOT SIZE(SF) TOTAL OPEN SPACE 6.00 SINGLE FAMILY 5,446 SF QUALIFIED OPEN SPACE 4.33 AVERAGE LOT SIZE QUALIFIED OPEN SPACE PERCENTAGE 15,52% 8,994 SF TOTAL LOTS 119 RESIDENTIAL GROSS DENSITY(DulAc) 3.55 SINGLE FAMILY LOTS 99 RESIDENTIAL NET DENSITY(Dulft) 6.23 COMMON LOTS 20 NOTE: DATA SUBJECT TO CHANGE UPON COMPLETION OF A SURVEY INCLUDES WILLIAMS HOME LOT AND PARCEL NE OF TEN MILE FEEDER CANAL Page 23 Page 365 Meridian City Council Meeting Agenda March 3,2020— Page 129 of 222 Item#25. oa i C o Ct r- 93-6" TYF}, Ilk 4 'z _}` Figure S. Picklebcaft Court Option ## 1��b��. *y�MiA• M Page 24 Page 366 Meridian City Council Meeting Agenda March 3,2020— Page 130 of 222 Item#25. E. Building Elevations/Architectural Elements ARCHITECTURAL ELEMENTSAND SINGLE-FAMILY HOUSING The architecture style of the Project wiII largely be a continuation of the existing Shelburne No.1 and No.2,and Shelburne East neighborhoods with a rnix of cornternporary forms and modern farmhouse styles.A rich blend of materials ' ranging from stove to stucco and board- and-batten siding materials is planned. with enriched natural colors.Dome sizes will range from 1,600 square feet to 2,200 square feet.Similar to the homes in Shelburne No.1,Shelburne No.2 and -- Shelburne East,a large percentage of homes in Shelburne South will be single `^ 4 story. Maxi murn building height will be 35 feet, Representative building elevations figure 3.Exampfe of House Architecture and floor plans are shown in Appendix D. �w 54 Pr _ 3i r Page 25 — Page 367 Meridian City Council Meeting Agenda March 3,2020— Page 131 of 222 Item#25. F. Conceptual Redevelopment Plan for Lot 1, Block 4 SHELBURN,E EAST SUBONt814N NO.1 4 • i o ` I � LOT 1,BLOCK 4 r i 1 ` r 4 r� romx BO in a w 110FUZONTAL SCALE IN FEET Fna�eT!la i�iass FU �"M �IN SHELBURNIE SOUTH SUBDIVISION CIVIL 1KNOVATIONS,PLLC FAMW Jrq M@mIAN,IDAHO !C EFIFI&O MIN :)bCK3 Ff 9r DXF,I0�2FHNE:= xa�m xu:[A- l'�a'ffiu nrwmfemr®ccon MU LOT 1,BLOCK.A-CONGEPTUAL.LAYOUT EXHIBIT 'h=Er 1OF1 Page 26 — Page 368 Meridian City Council Meeting Agenda March 3,2020— Page 132 of 222 Item#25. VIII. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION l. A Development Agreement(DA) is required as a provision of annexation of this property. Prior to approval of the annexation ordinance, a DA shall be entered into between the City of Meridian,the property owner(s)at the time of annexation ordinance adoption,and the developer. Currently, a fee of$303.00 shall be paid by the Applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the Planning Division within six(6)months of the City Council granting the annexation. The DA shall, at minimum, incorporate the following provisions: a. Future development of this site shall be generally consistent with the preliminary plat, phasing plan, landscape plan and conceptual building elevations included in Section VII and the provisions contained herein. b. The existing home proposed to remain on Lot 1, Block 4 shall hook up to City water and sewer services at the developers expense within 60 calendar days of such services becoming available in accord with MCC 9-1-4 and 9-4-8. At such time,the septic tank shall be abandoned and the well solely used for irrigation purposes. c. The address of the existing home on Lot 1,Block 4 shall change to be addressed off of S. Selatir Way when that road is constructed. 2. The final plat shall include the following changes from the preliminary plat included in Section VII.B, dated 9/3/19 2/7/20,as follows: a. Include Lot 1,Block 8 as a Ron- buildable common lot in Note#10. b. Add a note stating direct lot access via E. Amity Rd. is prohibited. c. Graphically depict a minimum 20-foot wide access easement from S. Selatir Way T 4 to the Freeman property(Parcel#S1 12843 85 80);the final plat should include a note referencing the recorded instrument number of this easement. 3. The landscape plan included in Section VII.C, dated 9/649 2/12/20, shall be revised with submittal of the final plat application as follows: a. Depict mitigation trees and calculations on the plan in accord with the standards listed in UDC 11-3B-10C.5. Coordinate with Elroy Huff, the City Arborist, at 208-371-1755 to determine mitigation requirements. b. Include calculations in the Landscape Calculations table for trees within the parkways at the entry of the development from E. Amity Rd. adjacent to S.Amorita Ave. demonstrating compliance with the standards listed in UDC 11-3A-17E and 11-3B-7C. c. Include calculations in the Landscape Calculations table for the trees along the pathway on the south side of the Nine Mile Creek in Block 4 demonstrating compliance with the standards listed in UDC 11-313-12C.2. d. ' epen vision 4ttiee top vinyl fenee along eewAnea afeas noted I* the PlapA Paleffe table to r-efleet thM de-pieted on the detail on Sheet L6 (i.e. 5' open vision lattiee top vinyl ght iron enc Replace the detail(#5 on Sheet L6 for the open vision iron fence with a 5' tall open vision lattice top vinyl fence as called out in the Plant Palette that complies with UDC standards for open vision fencing(see UDC 11-IA-1 Page 27 Page 369 Meridian City Council Meeting Agenda March 3,2020— Page 133 of 222 Item#25. e. en4The 5-foot wide pathway depicted in Lot 23,Block 4 f em 5 to 10 feet a-ad shall extend into the north and east(through Lot 3,Block 2)boundaries of the subdivision within an 8-foot wide public pedestrian easement for future extension and interconnectivity between neighborhoods. f. . horizontalwet4ieal) of the Nine Mile Creek in order-for the CeffiffiissiopXo"eil to detefmine i feneing should be required adjaeefA to the watefway to pfeser-ve publie safety as set fefth in T DG 1 3^ 6G ' The Applicant submitted an exhibit, included in Section VIII.C, depicting a 41�TZ �z-t-v�r. 3:1 typical slope of the Nine Mile Creek; based on this exhibit, the Council did not require fencing to be constructed adjacent to the creek. g. Depict 5-foot wide landscape strips on each side of the multi-use pathway that comply with the standards listed in UDC 11-3B-12C. h. Lot 1,Block 8 shall be improved with grass and irrigation and be maintained by the Homeowner's Association as agreed pon by the Applicant. 4. For lots accessed by the common driveway on Lot 6,Block 5, 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. 5. Provide address signage for homes accessed by the common driveway on Lot 6,Block 5 for emergency wayfinding purposes. 6. A perpetual ingress/egress easement is required to be filed with the Ada County Recorder for the common driveway on Lot 6,Block 5 which shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment. A copy of the recorded easement should be submitted to the Planning Division prior to signature on the final plat by the City Engineer. 7. Development shall be limited to 30 building lots until such time as a secondary access that meets International Fire Code(IFC)is built and approved by the Fire Dept. 8. A public pedestrian easement shall be submitted to the Planning Division as required by the Park's Department prior to signature on the final plat(s)by the City Engineer for the multi- use pathway along the southwest side of the Nine Mile Creek from the east to the northwest (along the creek to the north boundary and along the access road to the west boundary) perimeter boundaries of the subdivision and along the northeast side of the Ten Mile Feeder Canal on the subject property. 9. Off-street parking is required to be provided for the proposed use as set forth in UDC Table 11-3C-6 based on the number of bedrooms per unit. 10. To ensure access is still provided to the Freeman property(Parcel#51128438580) once Shelburne East develops to the north and S. Selatir Ln. is removed, a cross-access easement for a minimum 20- foot wide driveway shall be required to that property acres Tot 1,Block 4. The preliminary pla easement.shall be r-evisedpr4or to the Couneil meeting to gr-aphieally r-efleet this A copy of the recorded easement shall be submitted prior to signature on the final plat by the City Engineer. Page 28 — Page 370 Meridian City Council Meeting Agenda March 3,2020— Page 134 of 222 Item#25. 11. All existing structures on the site that are not proposed to remain on a lot in the proposed subdivision shall be removed prior to City Engineer signature on the final plat phase in which they are located. shall consider-alternate pienie shelter styles t mateh the„ M,,,.t,,,o deypl o„� 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.meridianciU.oMIgublic_works.aspx?id=272. 1.2 There will be no redundant water mainline connection for homes to the west of Amortia Ave, however development to the west will correct this issue.Water connection from Shelburne East Sub to Amity must be completed by phase 3 of Shelburne East. 1.3 Applicant to provide sanitary sewer and water services to Lot 1,Bock 4, and the outparcel between Blocks 5 and 6. 1.4 Applicant shall modify their utility designs to exclude sewer and water mainlines within common drive Lot 6,Block 5. Services will need to extend from the mains in the public right-of-way. 1.5 Preliminary engineering submitted with this application does not show a water mainline extension in E. Amity Road to and through the project. This mainline is required,and needs to be included. 1.6 The water mainline extensions in the two eastern stub streets can be removed as the west boundary of this development is the extent of Meridian's service area. 1.7 Applicant shall provide a water mainline easement parallel with the sanitary sewer easement from the S. Courvoisier Place cul-de-sac to the north subdivision boundary for possible future water mainline connection to the neighboring north parcel. 2. General Conditions of Approval 2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 Per Meridian City Code(MCC),the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 2.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way(include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat,but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement(on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor,which must include the area of the easement(marked EXHIBIT A) and an 81/2"x I I"map with bearings and distances(marked EXHIBIT B)for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted,reviewed, and approved prior to development plan approval. Page 29 Page 371 Meridian City Council Meeting Agenda March 3,2020— Page 135 of 222 Item#25. 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. hi performing such work,the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. 2.7 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at(208)334-2190. 2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections(208)375-5211. 2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded,prior to applying for building permits. 2.10 A letter of credit or cash surety in the amount of 110%will be required for all uncompleted fencing, landscaping, amenities, etc.,prior to signature on the final plat. 2.11 All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 2.12 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process,prior to the issuance of a plan approval letter. 2.13 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.17 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 2.18 The design engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least I-foot above. Page 30 Page 372 Meridian City Council Meeting Agenda March 3,2020— Page 136 of 222 Item#25. 2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.20 At the completion of the project,the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.21 A street light plan will need to be included in the civil construction plans. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting.A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272. 2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125%of the total construction cost for all incomplete sewer,water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety,which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 2.23 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20%of the total construction cost for all completed sewer,water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety,which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. C. FIRE DEPARTMENT http://weblink.meridiancioy.or lWebLink8/0/docl 79010/Pa ell..aspx D. POLICE DEPARTMENT http://weblink.meridiancily.orglweblink8/0/doc/180523IPa eg l.aspx E. PARK'S DEPARTMENT http://weblink.meridiancity.org/weblink8/0/doc/182020/Pagel.aspx F. COMMUNITY PLANNING ASSOCIATION OF SOUTHWEST IDAHO(COMPASS) http://weblink.meridiancitE.ory wweblink8/0/doc/179920IPa el�.aspx G. BOISE PROJECT BOARD OF CONTROL http://weblink.meridiancily.orglWebLink8/0/doc/179277IPa eg l.wx H. NAMPA&MERIDIAN IRRIGATION DISTRICT hgp://weblink.meridianciU.oLvlweblink8/0/doc/179149/Pa e�spx Page 31 — Page 373 Meridian City Council Meeting Agenda March 3,2020— Page 137 of 222 Item#25. I. CENTRAL DISTRICT HEALTH DEPARTMENT http://weblink.meridianci U.orglweblink8101docll 79729/Pagel.aspx J. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ) http://weblink.meridianciiy.org wweblink8101docl]79275IPa eg l.aspx K. WEST ADA SCHOOL DISTRICT(WASD) hgp://weblink.meridianciV.org/weblink8/0/doc/179848/Pa eg 1.aspx L. ADA COUNTY HIGHWAY DISTRICT(ACHD) http://weblink.meridiancit .oiorg/weblink8/0/doc/181794/Pa eg l.aspx IX. FINDINGS A. Annexation and/or Rezone (UDC 11-5B-3E) Required Findings: Upon recommendation from the Commission,the Council shall make a full investigation and shall,at the public hearing,review the application. In order to grant an annexation and/or rezone,the council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The City Council finds the Applicant is proposing to annex and develop the subject property with 99 single-family residential dwellings in the R-8 zoning consistent with the MDR FL UM designation. (See Section V above for more information) 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council finds the proposed map amendment and development complies with the purpose statement of the residential districts in that it will contribute toward the range of housing opportunities available within the City consistent with the Comprehensive Plan. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The City Council finds the proposed map amendment should not be detrimental to the public health, safety and welfare as the proposed medium density residential uses should be compatible with adjacent existing and future residential uses. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the city including,but not limited to, school districts; and The City Council finds City services are available to be provided to this development. The School District has submitted comments, included in Section VIII.K that currently show student enrollment is below capacity for the elementary(i.e. Silver Sage, although Hillsdale is currently capped) and above capacity for the middle and high school. 5. The annexation(as applicable)is in the best interest of city. The City Council finds the proposed annexation is in the best interest of the City if the Applicant complies with the conditions in Section VIII. Page 32 — Page 374 Meridian City Council Meeting Agenda March 3,2020— Page 138 of 222 Item#25. B. Preliminary Plat(UDC 11-613-6) 1. The plat is in conformance with the comprehensive plan and is consistent with this unified development code; (Ord. 08-1372, 7-8-2008, ef£ 7-8-2008) The City Council finds the proposed plat is generally in conformance with the UDC if the Applicant complies with the conditions of approval in Section VIII. 2. Public services are available or can be made available ad are adequate to accommodate the proposed development; The City Council finds public services can be made available to the subject property and will be adequate to accommodate the proposed development. 3. The plat is in conformance with scheduled public improvements in accord with the city's capital improvement program; The City Council finds the proposed plat is in conformance with scheduled public improvements in accord with the City's CIP. 4. There is public financial capability of supporting services for the proposed development; The City Council finds there is public financial capability of supporting services for the proposed development. 5. The development will not be detrimental to the public health, safety or general welfare; and The City Council finds the proposed development will not be detrimental to the public health, safety or general welfare. 6. The development preserves significant natural, scenic or historic features. (Ord. 05-1170, 8-30-2005, ef£ 9-15-2005) The City Council is unaware of any significant natural, scenic or historic features that need to be preserved with this development. Page 33 — Page 375 Meridian City Council Meeting Agenda March 3,2020— Page 139 of 222