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Z - DA Quartet Northeast (H-2020-0017) & Quartet Southeast (H-2020-0018) DA Brighton Development and Quenzer Farms, LLLP ADA COUNTY RECORDER Phil McGrane 2020-146961 BOISE IDAHO Pgs=57 CHE FOWLER 10/29/2020 04:12 PM CITY OF MERIDIAN, IDAHO NO FEE DEVELOPMENT AGREEMENT PARTIES: I City of Meridian 2. Brighton Development Inc. and Quenzer Farms, LLLP, Owners 4. Brighton Development Inc.,Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this 27th 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 Brighton Development Inc.,whose address is 2929 W.Navigator Drive, Suite 400,Meridian,Idaho 83642 and Quenzer Farms,LLLP,whose address is 3680 N.Black Cat Road,Meridian,Idaho 83646,hereinafter called OWNERS and Brighton Development Inc.,whose address is 2929 W. Navigator Drive, Suite 400, Meridian, Idaho 83642 hereinafter called DEVELOPER. 1. RECITALS: 1.1 WHEREAS,Owners are the sole owners,in law and/or equity,of certain tract of land in the County of Ada,State of Idaho,described in Exhibit"A",which is attached hereto and by this reference incorporated herein as if set forth in full,herein after referred to as the Property; and 1.2 WHEREAS,Idaho Code§67-6511 A provides that cities may,by ordinance, require or permit as a condition of zoning that the Owners and/or Developer make a written commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section 11-513-3 of the Unified Development Code ("UDC"), which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, Owners and/or Developer have submitted an application for a annexation and zoning of 68.72 acres of land with an R-8 (medium high density) and C-G(General Commercial)zoning district ( Quartet Northeast) and an application for annexation and zoning of 22.26 acres of land with an R- 8 (medium density residential) zoning district (Quartet Southeast) on the properties 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, Owners and/or Developer made representations at the public hearing before the Meridian Planning and Zoning Commission and the DEVELOPMENT AGREEMENT—QUARTET NORTHEAST(H-2020-0017)AND QUARTET SOUTHEAST(H-2020-0018) PAGE 1 OF 9 Item#10. 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 I lth day of August, 2020, the Meridian City Council approved certain Findings of Fact and Conclusions of Law and Decision and Order ("Findings"), which have been incorporated into.this Agreement and attached as Exhibit`B"; and 1.8 WHEREAS,the Findings require the Owners and/or Developer to enter into a Development Agreement before the City Council takes final action on final plat; and 1.9 WHEREAS,Owners and/or Developer deem it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and request; and 1.10 WHEREAS, City requires the Owners and/or Developer to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this Agreement,herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure zoning designation are in accordance with the amended Comprehensive Plan of the City of Meridian on December 19, 2019, Resolution No. 19-2179, and the UDC, Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein,the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words,terms,and phrases herein contained in this section shall be defined and interpreted as herein provided for,unless the clear context of the presentation of the same requires otherwise: 3.1 CITY: means and refers to the City of Meridian,a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho 83642. DEVELOPMENT AGREEMENT—QUARTET NORTHEAST(H-2020-0017)AND QUARTET SOUTHEAST(H-2020-0018) page 246 PAGE 2 Item#10. 3.2 OWNERS: means and refers to Brighton Development Inc.,whose address is 2929 W.Navigator Drive, Suite 400,Meridian,Idaho 83642 and Quenzer Farms, LLLP, whose address is 3680 N. Black Cat Road, Meridian, Idaho 83646, the parties that own said Property and shall include any subsequent owner(s)of the Property. 3.3 DEVELOPER: means and refers to Brighton Development Corporation Inc.,whose address is 2929 W.Navigator Drive, Suite 400,Meridian,Idaho 83642, the party that is developing said Property and shall include any subsequent developer(s) of the Property. 3.4 PROPERTY: means and refers to that certain parcel(s)of Property located in the County of Ada,City of Meridian as described in Exhibit"A"describing the parcel to be bound by this Development Agreement and attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right to develop the Property in accordance with the terms and conditions of this Agreement. 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under the UDC. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner and/or Developer shall develop the Property in accordance with the following special conditions: a. Future development of this site shall be generally consistent with the preliminary plat, phasing plan, landscape plan, qualified open space exhibit and conceptual building elevations included in Section VIII of the Staff Report that is attached to the Findings of Fact and Conclusions of Law attached hereto as Exhibit `B" and the provisions contained therein. b. The existing homes that are to be retained on lots in the proposed subdivision are required to disconnect from private systems and hook up to City water and sewer service within 60 days of such services becoming available as set forth in MCC 9-1-4 and 9-4-8 respectively. Existing wells may be used for irrigation purposes only. c. The existing homes to be retained on lots in the proposed subdivision will be assigned new addresses with subdivision of the property. d. The Five Mile Creek shall be protected during construction. e. No residential uses shall be developed on the non-residential/commercial C-G zoned lot on the east side of the collector street (depicted as Lot 1, Block 14 on the preliminary plat), including but not limited to, a multi-family development, a vertically integrated residential project,and/or a nursing/residential care facility unless DEVELOPMENT AGREEMENT—QUARTET NORTHEAST(H-2020-0017)AND QUARTET SOUTHEAST(H-2020-0018) page 247 PAGE 3 Item#10. a subsequent Odor Study conducted by the City determines residential uses are appropriate in that area. f. The Developer shall coordinate with the City Park's Department prior to development of the non-residential/commercial lot(depicted as Lot 1,Block 14 on the preliminary plat)on the east side of the collector street(N.Joy Way)to determine if a City Park is needed in this area as designated on the Comprehensive Plan. The Development Agreement shall be amended to include a conceptual development plan for that area prior to any development occurring on that lot. g. The rear and/or side of structures on lots that face N.Black Cat Rd.,an arterial street, and San Remo St./N.Joy Way,a collector street,shall incorporate articulation through changes in two or more of the following:modulation(e.g.projections,recesses,step- backs,pop-outs),bays,banding,porches,balconies,material types,or other integrated architectural elements to break up monotonous wall planes and roof lines that are visible from the subject public street. Single-story structures are exempt from this requirement. h. Quartet Northeast and Southeast subdivisions shall develop and be phased as one project and shall be included in the same Homeowner's Association;all common open space and site amenities between the two subdivisions shall be shared. i. An odor study shall be conducted by the City prior to development of Phase 3 to determine if residential uses are appropriate in the MU-NR designated area; if determined to not be appropriate,a modification to the Development Agreement shall be required to amend the development plan for that area. 6. COMPLIANCE PERIOD This Agreement must be fully executed within six (6) months after the date of the Findings for the annexation and zoning or it is null and void. 7. DEFAULT/CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: 7.1 Acts of Default. Either party's failure to faithfully comply with all of the terms and conditions included in this Agreement shall constitute default under this Agreement. 7.2 Notice and Cure Period. In the event of 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 designations described herein, solely DEVELOPMENT AGREEMENT—QUARTET NORTHEAST(H-2020-0017)AND QUARTET SOUTHEAST(H-2020-0018) page 248 PAGE 4 Item#10. 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 law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 7.4 Delay. In the event the performance of any covenant to be performed hereunder by either Owners and/or Developer or City is delayed for causes that are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience,strikes or similar causes,the time for such performance shall be extended by the amount of time of such delay. 7.5 Waiver. A waiver by City of any default by Owners and/or Developer of any one or more of the covenants or conditions hereof shall apply solely to the default and defaults waived and shall neither bar any other rights or remedies of City nor apply to any subsequent default of any such or other covenants and conditions. 8. INSPECTION: Owners and/or Developer shall, immediately upon completion of any portion or the entirety of said development of the Property as required by this Agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Agreement and all other ordinances of the City that apply to said Property. 9. REQUIREMENT FOR RECORDATION: City shall record this Agreement, including all of the Exhibits,and submit proof of such recording to Owners and/or Developer,prior to the third reading of the Meridian Zoning Ordinance in connection with the re-zoning of the Property by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby,the City shall execute and record an appropriate instrument of release of this Agreement. 10. ZONING: City shall,following recordation of the duly approved Agreement,enact a valid and binding ordinance zoning the Property as specified herein. 11. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit, cash deposits,certified check or negotiable bonds,as allowed under the UDC,to insure the installation of required improvements,which the Owners and/or Developer agree to provide, if required by the City. 12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed,completed,and accepted by the City, DEVELOPMENT AGREEMENT—QUARTET NORTHEAST(H-2020-0017)AND QUARTET SOUTHEAST(H-2020-0018) page 249 PAGE 5 Item#10. or sufficient surety of performance is provided by Owner and/or Developer to the City in accordance with Paragraph 11 above. 13. ABIDE BY ALL CITY ORDINANCES: That Owners and/or Developer agree to abide by all ordinances of the City of Meridian unless otherwise provided by this Agreement. 14. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: with copy to: City Clerk City Attorney City of Meridian City of Meridian 33 E. Broadway Ave. 33 E. Broadway Avenue Meridian, Idaho 83642 Meridian,Idaho 83642 OWNERS: DEVELOPER: Brighton Development Inc. Brighton Development Inc. 2929 W. Navigator Drive, Suite 400, 2929 W.Navigator Drive, Suite 400 Meridian, Idaho 83642 Meridian, Idaho 83642 Quenzer Farms,LLLP 3680 N. Black Cat Road Meridian, Idaho 83646 14.1 A party shall have the right to change its address by delivering to the other parry a written notification thereof in accordance with the requirements of this section. 15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement,the prevailing parry shall be entitled,in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default,termination or forfeiture of this Agreement. 16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term,condition and provision hereof,and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owners 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 DEVELOPMENT AGREEMENT—QUARTET NORTHEAST(H-2020-0017)AND QUARTET SOUTHEAST(H-2020-0018) page 250 PAGE 6 Item#10. recordable evidence of termination of this Agreement if City,in its sole and reasonable discretion,had determined that Owner and/or Developer have fully performed their obligations under this Agreement. 18. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided,each party shall act reasonably in giving any consent,approval,or taking any other action under this Agreement. 20. COOPERATION OF THE PARTIES: In the event of any legal or equitable action or other proceeding instituted by any third parry (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—QUARTET NORTHEAST(H-2020-0017)AND QUARTET SOUTHEAST(H-2020-0018) page 251 PAGE 7 Item#10. ACKNOWLEDGMENTS IN WITNESS WHEREOF,the parties have herein executed this agreement and made it effective as hereinabove provided. OWNERS: DEVELOPER: Brighton Development Inc., Brighton Development Inc., An Idaho limited liability company An Idaho limited liability company By: Jo a D. Wardle By: Jon than D. Wardle Its. Pre ident Its: �re ident Quenzer Farms LLLP, An Idaho limited liability limited partnership ar., A"-� By: be.An CITY OF MERIDIAN ATTEST: By: Mayor Robert E. Simison Chris Johnson, City Clerk STATE OF IDAHO ) :ss County of Ada ) 27th October On this day of , 2020, before me, a Notary Public,personally appeared Robert E.Simison and Chris Johnson,known or identified to me to be the Mayor and Clerk,respectively,of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) Notary Public for aho Residing at: Meridian, Idaho Commission expires: 3-28-2022 Item#10. STATE OF IDAHO ) ss: County of Ada ) On this (��day of October,2020,before me,the undersigned,a Notary Public in and for said State,personally appeared Jonathan D.Wardle known or identified to me to be the President of Brighton Development Inc.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 COMMISSION#295 8 NOTARY PUBLIC 4tary Pu lic for I STATE OF IDAHO MY COMMISSION EXPIRES 0411512023 Residing at: My Commission Expires: STATE OF IDAHO ) ss: County of Ada ) On this -day of October,2020,before me,the undersigned,a Notary Public in and for said State,personally appeared Jonathan D.Wardle known or identified to me to be the President of Brighton Development Inc.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. (SE=NOTARY URRY 29528 LIC Notary Publicfor I oo, AHO Residing at:ES O4/15/2023 My Commission Expires: STATE OF IDAHO ) ss: County of Ada ) On this day of October,2020,before me,the undersigned,a Nota V Public in and for said State,personally appeared pp ue,N ZOr ,known or identified tome to be the J(KhUt' of Quenzer Farms,LLLP anithe person who signed above and acknowledged to me that he executed the same on behalf of said partnership. 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) 0—* AMANDA MCCURRY Public for aho COMMISSION#29528 Residing at: Y NOTARY PUBLIC My Commission Expires: .S STATE OF IDAHO MY COMMISSION EXPIRES 04/15/2023 DEVELOPMENT AGREEMENT—QUARTET NORTHEAST(H-2020-0017)AND QUARTET SOUTHEAST(H-2020-0018) page 253 PAGE 9 Item#10. EXHIBIT A Annexation Legal Description & Exhibit Map Quartet Northeast: [on 9233 WEST STATE STREET I SOISE,ID 83714 208.639.6939 FAX Z08.639.6930 April 10,2020 Project No.19-010 Exhibit A Legal Description for Annexation Quartet Northeast A parcel of land situated in a portion of the South 1/2 of the Northwest 1/4 of Section 34,Township 4 North,Range 1 West,Boise Meridian,Ada County,Idaho and being more particularly described as follows; Commencing at a brass cap marking the Northwest corner of said Section 34,which bears N00°2724"F a distance of 2,631.60 feet from an aluminum cap marking the West 1/4 corner of said Section 34,thence following the westerly line of said Northwest 1/4,S00"2724"W a distance of 1,315.80 feet to the N❑rth 1/16 corner of said Section 34 and"section 33 and being the POINT OF BEGINNING. Thence leaving said westerly line and following the northerly line of said South 1/2 of the Northwest 114,589'26'05"E a distance of 2,647A2 feet to an aluminum cap marking the Northeast corner of said South 1/2 of the Northwest 1/4(GN 1/16 corner); Thence leaving said northerly line-End following the easterly line of said South 1/2 of the Northwest 1/4, SCO'43'47"W a distance of 1,323.39 feet t❑a 5/8-inch rebar marking the center of said Section 34; Thence leaving said easterly line and following the southerly line of said Northwest 1/4,N89'15'14"W a distance of 1,129.66 feet to the centerline of Five Mile Drain; Thence leaving said southerly line and following said centerline the following eight (9)courses: 1. N38'17'55"W a distance of 133.94 feet; 2. N46'51'55"W a distance of 134.69 feet; 3. N73'28'41"W a distance of 107.81 feet; 4. N79'57'O1"W a distance of 202A5 feet; 5. N77'C5'23"W a distance of 112.20 feet; 6. N79'05'40"W a distance of 326.25 feet; 7. N78'22'23''W a distance of 307,52 feet; 8_ N78'15'35"W a distance of 100.49 feet; Thence leaving said centerline,NQ6'27'24"E a distance of 236.72 feet; Thence N89'32'36"W a distance of 195.00 feet to the westerly line of said Northwest 114; Thence following said westerly line,N00°27'24"E a distance of 664.43 feet to the POINT OF sEGINNING. Said parcel contains a total of 68.735 acres,more or less, NIL Attached hereto is Exhibit B and by this reference 9s hereby made a part of, t' w ao 1245 o ��� L. �gyb Y•rd•1.o7.t7 ENGINEERS I SURVEYORS I PLANNERS Page 1 Page 254 Item#10. a a oa w m N z m m Pa uL (OR nd A a 6 2 C dPLO �d L VjkjjZ � ^ y ew r �f+ ?r z biK U c] 8r d SAP O Dn c E pq N d tip, Q m b a O "✓� .z9'Lti9L 3.so.aa.ses � C6 m N QJ m to ern °� rn m '� a T a- 4N w r L a� rocw•t w pip` 't 0 ¢ d 2 �_ Q o�p m rn N t4 to c4 m [�.� w 0 J � d L.3 �6 a r ri N [4 N C a 2D M rn N N r r2 Ir LJ DD L) x V 4 p Np O N aj <rn pp U ' 4 Z N ^A7 O N iL] y7 {Y Cx N N C W u7 C 0 d VS _ N f1"I L g= z N m N {D fl1 V}LJ Q w ti rti ES Uf2rQ 1% _ R a o 3. m a,�+�aU��1��u� z" � m U n ,99'6� N4.41,9�.88N m I LpwW) '� z ry i �sm 2, M$ $ , z g a u. U �d 0 —4 wma� w Lu Ln Quartet Northeast H-2020-0017 Quartet Southeast H-2020-0018 Page 2 Page 255 Item#10. Quartet Southeast: &am 9233 WEST STATE STREET I 806E,10 83714 ( 208,639.6939 1 FAX 208.639.6930 April 10,2020 Project No.19.010 Exhibit A Legal Description for Annexation and Rezone to R-8 Quartet Southeast A parcel of land situated in a portion of the North 1/2 of the West 1/2 of the 5outhwest 1/4 and a portion of the South 1/2 of the Northwest 1/4 all in Section 34,Township 4 North,Range 1 West,Boise Meridian,Aria County,Idaho and being more particularly described as follows: BEGINNING at an aluminum cap marking the West 1/4 corner of said Section 34,which bears 500"27'24"W a distance of 2,631.60 feet from a brass rap marking the Northwest corner of said Section 34,thence following the westerly line of said Northwest 1/4,N00°27'24"E a distance of 450.24 feet to the centerline of Five Mile Dram; Thence leaving said westerly line and following said centerline the fallowing nine(9)courses: 1, 583°53'03"E a distance of 33.19 feet; 2. 578°15'35"E a distance of 265.65 feet; 3. S78°22'23"E a distance of 307.52 feet; 4. 579°05'40"E a distance of 326.25 feet; S. S77`05'23"E a distance of 112.20 feet; 6. 579°57'01"E a distance of 242.45 feet; 7. 573'28'41"E a distance of 107.81 feet; 8. 546°51'55"E a distance of 134.69 feet; 9. 538'17'55"E a distance of 133.84 feet to the southerly line of said Northwest 114; Thence leaving said centerline and following said southerly line,N89"16'14"W a distance of 191.01 feet to a 518-inch rebar marking the Northeast corner of said West 1/2 of the Southwest 1/4(C-W V16 corner); Thence leaving said southerly line and following the easterly line of said West 1/2 of the Southwest 114, 500°35'24"W a distance of 25.93 feet; Thence leaving said easterly line,60.97 feet along the a rc of a circular curve to the left,said curve having a radius of 517.00 feet,a delta angle of 06°45'23",a chord bearing of S47'09'17"W and a chord distance of 60.93 feet; Thence 543'46'36"W a distance of 306.45 feet; Thence 423.64 feet along the arc of a circular curve to the right,said curve having a radius of 520.00 feet,a delta angle of 46°40'43",a chord bearing of 567"06'57"W and a chard distance of 412.02 feet; Thence N89°32'41"W a distance of 589.03 feet; Thence 545'27'19"W a distance of 29.19 feet; Thence 500°27'12"W a distance of 79.36 feet; Thence N89"32'48"W a distance of 78.00 feet to the westerly line of said 5outhwest 1/4; Thence following said westerly line,N00°27'12"E a distance of 560.22 feet to the POINT OF BEGINNING. ��a�yltil, I•Alrr� Said parcel contains a total of 22.26 acres,more or less. ' .t a� a Attached hereto is Exhibit B and by this reference is hereby made a part of. M4 o 12459 o 0 F L. B��'�' ENGINEERS I SURVEYORS I PLANNF.RS �'/0'ZX2,0 Quartet Northeast H-2020-0017 Quartet Southeast H-2020-0018 Page 3 Page 256 Item#10. 28 21 W. McMillan Rd. 33 3 FOUND BRASS CAP NORTHWEST CORNER SECTION 34 0 125 250 50a N Scale: 1"=25a' Unplatted SH3'53'03"E � 33.19' S78'15'35"E 2fi5.85' S78'22'23'E 307.52' S7W05'40'E n C� 326.25' S77'05'23"E w ntEFfjhE ! — 112.24' S79'S7'Ol'E o Miley 202.45' z all, S73'28'41"E 107.81' 0 \ S48751'55"E SC-43423392 D \134X9' POINT OF BEGINNING S3617'55% FOUND ALUMINUM CAP 133.54' 33 wlrsT ir4 CORNER SECTION 34 34 25.93' Annexation Area: 22.26±AC. Ca NU9'18'14 W Current Zoning: RUT 191.ol, Proposed Zoning: R-8 c--w 1/16 SD434325960 Portioni&S0434234020 portion > CORNER 1n y �. SECTION 34 41 m"U f 19"W (Unplatted m N5732'41"W 589.03' c S00'27'12"W 79.3fi' 7s 00 Unplatted FOUND ALUMINUM CAP SW CORNER SECTION 34 33 34 T.4N„ R.W.W. McMillan Rd. r.3N.. RAW. — — t>`nL LAN4 LEGEND 5y'°�� is FOUND BRASS CAP ; FOUND ALUMINUM CAP 12459 '0 5/8-INCH REHARkin A CALCULATED POINT HIMANWEVILM ANNEXATION & REZONE BOUNDARY EHI MEERS.SUKVPOFLR .PLANNERS ' -SECTION LINE i ry, 7,0 9233 WEST STATE STREET r V BOISE.IDAHO83714 PKDNE(2BBI 639{439 FAX 12N)639-693D Exhibit B Annexation and Rezone GATE- ApNE2026 PROJECT- 19-01P SHEET: Quartet Southeast Subdivision 1 OF 1 N1/2 W1/2 SWI/4 &S1/2 NW1/4 Sec. 34, T4N, R1W, B.M., Ada County, ID Quartet Northeast H-2020-0017 Quartet Southeast H-2020-0018 Page 4 Page 257 EXHIBIT B Item#10. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW : E IDIAN�- AND DECISION & ORDER In the Matter of the Request for Annexation of a Total of 68.73 acres of Land with R-8 (48.42 acres) and C-G (20.31 acres) Zoning Districts, and Preliminary Plat Consisting of 137 Buildable Lots (I36 Residential and 1 Commercial), 19 Common Lots, and 2 Other Lots on 66.52 acres of Land in the R-8 and C-G Zoning Districts for Quartet Northeast; and Annexation of a Total of 22.26 Acres of Land with an R-8 Zoning District and Preliminary Plat Consisting of 50 Buildable Lots and 10 Common Lots on 19.92 Acres of Land in the R-8 Zoning District for Quartet Southeast by Brighton Development, Inc. Case No(s). H-2020-0017& H-2020-0018 For the City Council Hearing Date of: July 28,2020(Findings on August 11,2020) A. Findings of Fact l. Hearing Facts(see attached Staff Report for the hearing date of July 28, 2020, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of July 28, 2020, incorporated by reference) 3. Application and Property Facts(see attached Staff Report for the hearing date of July 2& 20X incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of July 28,2020, incorporated by reference) B. Conclusions of Law l. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975,"codified at Chapter 65,Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified as Title I 1 Meridian City Code,and all current zoning maps thereof. The City of Meridian has,by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 17,2019,Resolution No. 19-2179 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code§ 11-5A. 4. Due consideration has been given to the comment(s)received from the governmental subdivisions providing services in the City of Meridian}Manning 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 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DEC]SION&ORDER FOR QUARTET NORTHEAST-AZ,PP H-2020-0017&QUARTET SOUTHEAST-A.Z.PP H-2020-0018 I Page 258 Item#10. Community Development Department,the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of July 28, 2020, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 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 requests for annexation&zoning and preliminary plat for Quartet Northeast and Quartet Southeast is hereby approved with the requirement of a Development Agreement per the provisions in the Staff Report for the hearing date of July 28,2020,attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat,combined preliminary and final plat,or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two(2)years of the approval of the preliminary plat or the combined preliminary and final plat or short plat(UDC 11-6B-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments,if submitted within successive intervals of two(2)years,may be considered for final approval without resubmission for preliminary plat approval(UDC 11-6B-7B). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A,the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two(2)years. Additional time extensions up to two(2)years as determined and approved by the City Council may be granted. With all extensions,the Director or City Council may require the preliminary plat,combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11.If the above timetable is not met and the applicant does not receive a time extension,the property shall be required to go through the platting procedure again(UDC l 1- 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 67-6511 A. 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 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR QUARTET NORTHEAST—AZ,PP H-2020-0017&QUARTET SOUTHEAST—AZ,PP H-2020-0018 -2- Page 259 Item#10. accord with this chapter. When approved,said development agreement shall be signed by the property owner(s)and returned to the city within six(6)months of the city council granting the modification. A modification to the development agreement may be initiated prior to signature of the 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 tali the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521,any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight(28)days after the date of this decision and order seek a judicial review as provided by Chapter 52,Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of July 28,2020 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR QUARTET NORTHEAST—AZ,PP H-2020-0017&QUARTET SOUTHEAST—AZ,PP H-2020-0018 -3 Page 260 Item#10. By action of the City Council at its regular meeting held on the 1 Ith day of August 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 (TIE BREAKER) Mayor Robert E. Simison Attest: Chris Johnson City Clerk Copy served upon Applicant,Community Development Department,Public Works Department and City Attorney. By: Dated.. $-11-2020 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR QUARTET NORTHEAST—AZ,PP H-2020-0017&QUARTET SOUTHEAST—AZ,PP H-2020-0018 -4 Page 261 Item#10. EXHIBIT A STAFF REPORTC�WEI� DIAI` COMMUNITY DEVELOPMENT DEPARTMENT HEARING 7/28/2020 legend DATE: F.cier-Baca=ar TO: Mayor&City Counci l FROM: Sonya Allen,Associate Planner 208-984-55.1 SUBJECT: H-2020-0017 Quartet Northeast H-2020-0018 Quartet Southeast LOCATION: 4020&4340 N.Black Cat Rd. [Parcels: #S0434233652; SO434244210; 50434233920; S0434325860(partial), in the west '`/a of Section 34,TAN., R.1 W.] I. PROJECT DESCRIPTION Quartet Northeast(NE): Annexation of a total of 68.73 acres of land with R-8 (48.42 acres)and C-G(20.31 acres)zoning districts; and Preliminary Plat consisting of 137 buildable lots (136 residential and 1 commercial), 19 common lots,and 2 other lots on 66.52 acres of land in the R-8 and C-G zoning districts. Quartet Southeast(SE): Annexation of a total of 22.26 acres of land with an R-8 zoning district; and Preliminary plat consisting of 50 buildable lots and 10 common lots on 19.92 acres of land in the R-8 zoning district.Note:A property boundary adjustment application is currently in process with Ada County that will reconfigure the boundary of this property consistent with the Record of Survey(ROS)shown in Section VIII.A; the Applicant anticipates this application will be approved and the ROS recorded prior to the City Council hearing. Therefore, the annexation and plat boundaries are based on the boundary shown on the ROS and not the current parcel configuration.shown on the maps included in this report. Because NM1D owns the land where the Five Mile Creek is located which lies beAveen the two properties proposed far development and does not wish far their land to be included in the subdivision, two(2),separate preliminaFy plat applications are required. Because the site is being developed as one overall property, one staff report has been prepared far both projects which includes analysis for each individual plat as well as,for the overall development. The overall annexation area includes the Fite Mile Creek as zoning goes to the centerline ofwaterways. II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 66.52(NE)+ 19.92(SE)=86.44 acres(overall) Existing/Proposed Zoning RUT in Ada County(existing); R-8 and C-G(proposed) Paget — Page 262 Item#10. Description Details I page Future Land Use Designation Medium Density Residential(MDR)I,3-8 units/acre)(50+1-acres)&Mixed Use—Non-Residential(MU-NR)(41+1-acres) Existing Land Use(s) Rural residential/agricultural Proposed Land Use(s) Single-family residential(SFR),commercial Lots(#and type:bldg./common) 186 residential buildable lots; I commercial buildable lot; 29 common lots; and 2 other lots for shared driveways Phasing Plan(#of phases) 3 phases(overall between both subdivision) Number of Residential Units(type 186 detached SFR homes of units) Density(gross&net) NE:2.93 units/acre(gross);4.73 units/acre(net) SE: 2.51 units/acre(gross).4.86 units/acre(net) NE&SE(overall):2.8 units/acre(gross);4.76 units/acre(net) Open Space(acres,total NE: 7.6 acres [%]fbufferlqualified) SE:3.4 acres NE &SE(overall): l 1 acres(or 13%) Amenities Swimming pool,multi-use pathways,an additional 2.36+acres qualified open space beyond the minimum required and a tot lot with children's play equipment. Physical Features(waterways, Land containing the Five Mile Creek bisects the two(2)preliminary plats;a hazards,flood plain,hillside) portion of the site is within the floodplain in an approximate(A)zone. The Creason Lateral runs along the eastern portion of the north boundary of Quartet Northeast subdivision. Neighborhood meeting date;#of 1/21/20;9 attendees attendees: History(previous approvals) None B. Community Metrics Description Details Pa-,e Ada County Highway District • Staff report(yes/no) Yes • Requires ACHD No Commission Action (yesino) Traffic Impact Stud (yes/no) Yes Access Two(2)accesses(Bell Tower Dr.,a local street&San Remo St„a collector street) (ArteriaKollectors/State are proposed via N. Black Cat Rd.,an arterial street. Hwy/Local)(Existing and Black Cat Rd. is currently improved with 2-travel Iancs and no curb,gutter or Proposed) sidewalk abutting the site.There is 50-70'of ROW for Black Cat Rd.(17-20' from centerline). Traffic Level of Service Better than"D"(Acceptable level of service is"E") Stub (1)collector and(1)local stub street is proposed to the north and(1)local stub Streetllnterconnectivity/Cross street is proposed to the south to adjacent properties for future extension as Access depicted on the plat, Existing Road Network There are no existing streets within the site and no stub streets to the site;N.Black f Cat Rd. exists along the west boundary of the site Existing Arterial Sidewalks 1 There is no existing sidewalk:or buffer along N. Black Cat lid. Suffers - Page 2 Page 21i3 Item#10. Description —Details Page Proposed Road Capital Improvements Plan ICIP11 Integrated Five Year Work Plan tIFYWPI: Improvements • Stark Cat Road m iisted rn the CIP to be widened to 5-tanes ham McMHtan Road to Ustick Read berween 202t and 4125 The rnte rnectton of MbA01an Road and Black Cat Rnaa is listed In the C I P to Ue reconstructed as a multi-tone roundabout wrth 4-lanes on the north leg 4-lanes on the south.2•4m*cast. and Z-�anes on the west leg,ano rein st►udrod between 2028 and 2030. the m5ersectron of ul�Roan and Sl90 Gal Roao is listed in the CiP to br-rewnstructed as a dtral4ene roundabout with 44anes on the nvMh leg.A-canes on the wudh,4-4anes east. and 4-&-Ants,rn the wusl ieo,crud recau0S uCl&d between 2021 ana 2025. A dedicated northbound right-turn lane.&dedicated sorthbound left-turn lane is required to be constructed on Black Cat Rd.at Bell Tower Dr,&San Remo St, as recommended in the TIS. Fire Service • Distance to Fire Station 2 miles ■ Fire Response Time Falls within 5 minute response time goal s Resource.Reliability 7 6%-target goal is 80%or greater—dues n o I meet the targeted goal • Risk ldcntitication 2—current resources would not be adequate to supply service to this project • Accessibility Project meets all required access,road widths and turnarounds. • Speciatlresource needs Project will require an aerial device; response time is 12 minutes travel time- can'I meet this need in the required time frame if a truck company is required. ■ Water Supply Requires 1.000 gallons per minute For one hour,may be less if buildings are fully sprinklered. • Other Resources Police Service • Distance to Police 6.5 miles Station • Police Response Time .lust under 5 minutes from Police Dept.,response time goal for emergencies is 3-5 minutes. ■ Calls For Service 283 (within a toile of site between 311 120 1 9-212 912 0 2 0) • Accessibility No concerns • Specialty/resource needs No additional resources are required at this time. ■ Crimes 28(within a mile of site between 31112019-212912020) k ■ Crashes t9(within a mile of site between 31112019-2/29/2020) • Other The MPD can provide service if this development is approved as they already serve this area. West Ada School District ty • Distance(elem,ms' nro menT ,oac hs) Pleasant View Ellermentary p^e i► 675 9 • Capacity of Schools stAir Middle Sduml 692 1000 &3 • #of Students RAerldian 144b school 19111 2400 4.0 Enrolled Due to the alaundantamount of growth in the area,West Ada is aalwrly building new schools,and Aourrrrar►rr.err■iways [hengrrw,Trrl-Se tulure 514rlltnrs LmAd Wentlatty anerad Owyhee Nigh 5cho4l • Estimated#of i 10(NE)+40(SE)= 150 students from this development Wastewater • Distance to Sewer Directly adjacent Services • Sewer Stied North BIack Cat Trunk Shed • Estimated Project Sewer See application ERU's Page 3 Page 264 Item#10. • WRRF Declining 13.92 Balance • Project Consistent with Yes WW Master Plan/Facility Plan ■ Impacts/Concerns Applicant to ensure that the depths of the sanitary sewer allows for service of the property to the SE of Quartet Northeast per the Meridian Wastewater Master Plan. Water ■ Distance to Water Directly adjacent Services • Pressure"Lone I ■ Estimated Project Water See application ERU's • Water Quality None • Project Consistent with Yes Water Master Plan • Impacts/Concerns The water main in N.Joy Way(furthest east road)should be a 12-inch. In addition,the water main in N.Joy Way will need to continue south through Quartet Southeast to provide a second connection out to Black Cat Rd. with the second phase of the development. C. Project Area Maps Future Land Use Map Aerial Map Legend legend - [l..liPrv,e��Loco^:r Il .MUEC f�'r.._;ea'Lwuro — rto*; ti tow @ "7f Residenfi'II JA r Page 4 Page 265 Item#10. Zoning Mal) Planned Development Map L_0 Legend 0 legend C-C T Loco--or R-1 45 L, R-1 C_G P"or ned F O'c: S R,4 R.8 C--N R' U R- C R "—JT' I- - F- w 2 . R R_ W. R III. APPLICANT INFORMATION A. Applicant: Brighton Development,Inc.-2929 W.Navigator#400,Meridian,ID 83642 B. Owner: Quenzer Farms,LLLP-3680 N.Black Cat Rd.,Meridian, ID 83646 C. Representative: Michael D. Wardle, Brighton Corporation-2929 W.Navigator#400, Meridian, ID 83642 IV. NOTICING Planning& Zoning City Council Posting Date Posting Date Notification published in 5/29/2020 7/10/2020 newspaper Notification mailed to property 5/26/2020 7/8/2020 owners within 300 feet Applicant posted public bearing 4/22/2020 7/15/2020 notice on site Nextdoor posting 5/27/2020 7/8/2020 V. COMPREHENSIVE PLAN ANALYSIS (Comprehensive Plan) Land Use: The Future Land Use Map(FLUM)contained in the Comprehensive Plan designates the western 50+1-acres of the property as Medium Density Residential (MDR)and the eastern 4 1+/-acres as Mixed Use- Non-Residential (MU-NR). A City Park is also conceptually designated on the FLUM in this general area. Page 5 Item#10. The MDR designation allows for dwelling units at gross densities of 3 to 8 dwelling units per acre. The purpose of the MU-NR designation is to designate areas where new residential dwellings will not be pennitted, as residential uses are not compatible with the planned and/or existing uses in these areas. For example, MU-NR areas are used near the City's Wastewater Resource Recovery Facility and where there are heavy industrial or other hazardous operations that need to be buffered from residential. Developments are encouraged to be designed similar to the conceptual MU-NR plan.depicted in Figure 3E in the Comprehensive Plan(see page 3-18). Transportation: The Master Street Map(MSM)depicts a collector street from W. McMillan Rd. to the project's north boundary near the northeast corner of the site and a multi-lane roundabout at the inid-mile on Black Cat Rd.The Map depicts a future east/west collector street near the half mile on the west side of Black Cat. A collector street(San Remo St./N.Joy Way) is proposed from N. Black Cat Rd. to the north boundary in accord with the MSM. ACHD is not requiring a roundabout be constricted at this time as they feel it's not warranted based on the Traffic Impact Study(TIS) although additional right-of-way(ROW) is required to be dedicated to accommodate the future construction of the multi-lane roundabout. Proposed Development: The Applicant proposes to develop 66.35 acres of the subiect overall property with 186 single-family detached dwelling units at an overall gross density of 2.8 units per acre; and 20.09 acres with non-residential/commercial uses to be determined in the future consistent with the FLUM. The eastern 18 acre residential portion of Quartet Northeast is located within the MU-NR designated area,which is a non-residential designated area that provides approximately a'/a mile separation and buffer to the City's wastewater facility. Because the IyLUM is not parcel specific,the Applicant requests the MDR designation on the western portion of the property is extended to the collector street(N.Joy Way), which bisects the eastern portion of the property.The portion of the property east of the collector street is proposed to be zoned C-G and developed with non-residential/commercial uses. Because the collector street will provide a"break"to future non-residential/commercial uses similar to that shown on the concept diagram for MU-NR designated areas included in the Comprehensive Plan (see Figure 3E an pg.3-18),Staff is amenable to this proposal if deemed appropriate by City Council. Staff does have concerns with residential uses in such close proximity to the Wastewater facility as foul odors are a concern in this area,thus the reason for the"non-residential"designation.For this reason, residential may not be a compatible use in this area.City Council should make this determination.Note: The P►ehlic Fork s Dept_ anlicipates doing a noi.selodor stwr y later this year to determine the current i►r►pact.V of the.lQcility on adjacent properties, which ►nay change the bounda►j�of the A1U-NR designated area, The Park's Dept. is not pursuing a City park in this location at this time, however,the non- residential/cormnercial lot(Lot 1, Block 14)on the east side of the collector street adjacent to the wastewater facility may be considered for a potential park site with a future development application on that property; Prior to any development occurring on this lot,the Applicant should coordinate with the Park's Department to determine if a City park is needed in this area. The following Comprehensive Plan Policies are applicable to this development: • "Encourage a variety of housing types that meet the needs, preferences, and financial capabilities of Meridian's present and future residents."(2.01.02D) only one housing type is proposed in this developnte►1t (i.e. si►►gle-fu►nili detached. The residential developments in this vicinitjy also contain strrnda3 rl.srngle-fa►nili,detached hownes. Because this site is in close proxini in,to the City s Wastewater Resource Recove►��Facilihf, Stajj'does not recommend a mix of housing types is provided as it would likeli,increase the de nsiti.in this area, which is not desired. Page 6 Page 267 Item#10. • "Permit new development only where it can be adequately served by critical public facilities and urban services at the time of final approval, and in accord with any adopted levels of service for public facilities and services."(3.03.03F) Cin'water and sewer service is available and can be extended by the developer with development in accord d with UDC 11-3A-21. ■ "Avoid the concentration of any one housing type or lot size in any geographical area,provide for diverse housing types throughout the City."(2.01.01G) Urzlt+one housing tt+pe is proposed in this development(i.e.single family detached); the minimian lot size proposed is 6,866 with air average lot size of 9,145 square feet, which will accommodate a variety oj'hotesing styles consisting of']-and 2-story units. • "Encourage compatible uses and site design to minimize conflicts and maximize use of land." (3.07.00) The proposed siragle-foal[ residential development is compatible with other residential and agricultural uses in the area, the jinure non-residentiallcommercial development should be compatible with the existing Wastewater_fucilih�to the.southeast. The proposed residential uses in the MU NR designated area may not be compatible with the Wastewater facilitv. The Public Works Dept. anticipates doing a noiselodor study later this year to determine the current impacts of the jacility on adjacent properties, which mail change the boundary of the MU--NR designated area, ■ "With new subdivision plats,require the design and construction of pathway connections,easy pedestrian and bicycle access to parks, safe routes to schools,and the incorporation of usable open space with quality amenities."(2.02.01 A) Segments of the City s multi-use pathway system are proposed off-site along the north boundar3?of the Five Mile Creek and along the east side oj'the proposed collector street in accord with the Pathways Master Plan. Detached sidewalks are proposed along the arterial and collector streets jar saje pedestrian access. Usable open space and quality amenities are proposed(see detailed analysis below in Section T7LB). ■ "Ensure development is connected to City of Meridian water and sanitary sewer systems and the extension to and through said developments are constructed in conformance with the City of Meridian Water and Sewer System Master Plans in effect at the time of development."(3.03.03A) The proposed development will connect to City)water and sewer si+stems;services are proposed to be provided to and though this development in accord with current Cin+plans. • "Discourage residential land uses in close proximity to the Wastewater Resource Recovery Facility,the Intermountain Gas Facility on Can-Ada Road,and other incompatible land uses."(3.06.02E) The eastern 18 acre portion oj'the site in Quartet Northeast is within the MU-NR designated area on the FL UM, which is in close proximity to the wasteivater facility+. The expansion of residential uses in this area nzat-not be compatible with the wastewater facility,due to odors associated with the facility. • "Maximize public services by prioritizing infill development of vacant and underdeveloped parcels within the City over parcels on the fringe."(2.02.02) The proposed project is located in part of a larger "enclave"around the City:wastewaterfacilio,., development of this property will assist in maximizing public sec►+ices. ■ "Require urban infrastructure be provided for all new developments, including curb and gutter, sidewalks,water and sewer utilities."(3.03.030) Page 7 — Page 268 Item#10. Urban serer and water infrastructure and curb, gutter and sidewalks is required to he provided with development as proposed. • "Annex lands into the corporate boundaries of the City only when the annexation proposal conforms to the City's vision and the necessary extension of public services and infrastructure is provided." (3.03.03) The proposed development plan is generally consistent with the City+'s vision in terns that rrredian) density residential find non-residential uses are proposed;public services can be provided and infrastructure will he extended with development. • "Require collectors consistent with the ACHD Master Street Map(MSM),generally at/near the mid- mile location within the Area of City Impact."(6.01.03B) 4 collector street (San Remo St.IN.Joy Way) is proposed from N. Black Cat Rd. that sorbs to the north jar f tture extension to McMillan Rd in accord with the MSM, which depicts a collector street firom McMillan Rd. to the northeast conger of the proposed residential development. • "Plan for and allow land uses surrounding the Wastewater Resource Recovery Facility that reduce human exposure to odors."(4.10.01 A) The residential uses proposed on 18 acres in Quartet Northeast in the MU-NR designated area may expose humans to odors associated with the wastewater facility • "Coordinate with developers, irrigation districts,and drainage entities to implement the proposed pathway network along canals,ditches,creeks,laterals and sloughs."(3.08.02B) 10.1oot wide multi-arse pathway is proposed along the north side of the Five Mile Creek adjacent to the south boundary of the Quartet Northeast preliminary plat on NMID's property. • "Slow the outward progression of the City's limits by discouraging fringe area development; encourage development of vacant or underutilized parcels currently within City limits."(4.05.03B) The proposed project is in ar larger enclave area around the City's wastewater facility and is not on the fringe. Staff believes the proposed development plan is generally consistent with the vision of the Comprehensive Plan in regard to land use, density and transportation if City Council determines an extension a?f the MDR designation on the ablating 18 acres of land to the east is appropriate f r the area currently designated MU- NR. VI. UNIFIED DEVELOPMENT CODE ANALYSIS [t1DC1 A. Annexation&Zoning: The Applicant proposes to annex a total of 90-99 acres of land between the two subdivisions with R-8 (70.68 acres)and C-G(20.31 acres)zoning consistent with the associated MDR.and MU-NR FLUM designations in the Comprehensive Plan as discussed above in Section V. At the request of the City,the Applicant included the 0.97 acre out-parcel at the southwest corner of the Quartet Northeast subdivision where a sewer lift station is located in the annexation boundary. The single-family residential and future non-residentiallcommercial uses planned to develop on this site are consistent with uses desired in this area as discussed above in Section V. A conceptual development plan was not submitted for the non-residential/commercial lot proposed to be zoned.C-G; the Applicant states this lot will be the subject of future discussion with the City regarding a potential park site as depicted on the FLUM or consideration of other potential buffer uses determined by the results of the Public Work's noise/odor study. Page 8 - Page 269 Item#10. The annexation area is within the Area of City Impact Boundary (AOCI). Legal descriptions for the annexation area are included in Section VI1I.13; separate descriptions were submitted for each of the preliminary plat applications. The City may require a development agreement(DA) in conjunction with an annexation pursuant to Idaho Code section 67-651 IA. In order to ensure the site develops as proposed with this application,staff recommends a DA as a provision of annexation with the provisions included in Section IX.The DA is required to be signed by the property owner(s)/developer and returned to the City within 6 months of the Council granting the annexation for approval by City Council and subsequent recordation. The Record of Survey depicted in Section VM.A should be approved by Ada County and recorded prior to approval of the annexation ordinance and the Development Agreement for this project. Additionally,as a provision of the Development Agreement,Staff recommends the Applicant is required to coordinate with the Park's Dept.prior to development of the C-G zoned portion of the site on the east side of the collector street to determine if a City park is needed in that area. B. Preliminary Plat: Two separate preliminary plats,Quartet Northeast and Quartet Southeast.are proposed due to land owned by NMID containing the Five Mile Creek bisecting the two properties. Because hot]] plats are proposed to develop and be.marketed as one overall project, Staff s analysis is based on the overall project. Quartet Northeast consists of 137 buildable lots (136 residential and I commercial), 19 common lots, and 2 other lots on 66.52 acres of land in the R-8 and C-G zoning districts,and Quartet Southeast consists of 50 buildable lots and 10 common lots on 19.92 acres of land in the R-8 zoning district. Overall, a total of 196 residential buildable lots, 1 commercial buildable lot. 29 common lots and 2 other lots are proposed between the two subdivisions. The minimum lot size proposed overall is 6,866 square feet (s.f.) with an average lot size of 9,145 s.f..;the gross density overall is 2.8 units/acre with a net density of 4.76 units/acre. The subdivision is proposed to develop in three (3)phases as depicted on the plat(see Section VIII.C). The first two phases are located along N. Black Cat Rd.with the third and final phase on the eastern portion of the site. Existing Structures/Site Improvements: There is one existing home and accessory structures within the boundary of each preliminary plat that are proposed to remain on Lot 11. Block 7, Quartet Southeast and Lot 2. Block 1. Quartet Northeast subdivision. All existing accessory structures that don't comply with the setback standards listed in UDC Table l 1-2A-6 should be removed prior to the City Engineer's signature on the final plat on the phase in which they're located. The existing homes are required to disconnect from private service and hook up to City water and sewer service within 60 days of such services becoming available as set forth in MCC 9-1-4 and 9-4-8 respectively. Existing wells may be used for irrigation purposes only.The addresses of these homes will also be subject to change with subdivision of the property. Proposed Use Analysis: Single-family detached dwellings are listed as a principal permitted use in the R-8 zoning district per UDC Table I 1-2A-2. A]lowed uses in the C-G district are listed in.UDC Table 1 1-213-2. Although some residential uses are allowed in the C-G zoning district per UDC Table 11-2B-2,Staff recommends as a provision of the DA that no residential uses be developed on the non- residential/commercial C-G zoned lot on the east side of the collector street,including but not limited to,a multi-family development,a vertically integrated residential project, and/or a nursing/residential care facility unless a subsequent Noise and Odor Study conducted by the City determines residential uses are appropriate in that area. Page 9 - Page 270 Item#10. Dimensional Standards (UDC 11-2): Development of the subject property is required to comply with the dimensional standards listed in UDC Table l 1-2A-6 for the R-8 zoning district and l 1-2B-3 for the C-G district. Subdivision Design and Improvement Standards{UDC 11-6C-3� Development of the subdivision is required to comply with the subdivision design and improvement standards listed in UDC 11-6C-3,including but not limited to streets,common driveways and easements. There are two(2)common driveways proposed on common lots (i.e. Lots 10 and 16,Block 1); such driveways should be constructed in accord with the standards listed in UDC 11-6C-3D. A perpetual ingresslegress easement is required to be filed with the Ada County Recorder,which shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment. An exhibit should be submitted with the final plat application that depicts the setbacks,fencing, building envelope,and orientation of the lots and structures accessed via the common driveway; if a property abuts a common driveway but has the required minimum street frontage and is taking access via the public street,the driveway should be depicted on the opposite side of the shared property line from the common driveway. Address signage should be provided at the public street for homes accessed via common driveways for emergency wayfinding purposes. Access(UDC 11-3A-3} One(1) collector street (San Remo SUN,Joy Way) access is proposed in Quartet Southeast and one(1) local street access is proposed in Quartet Northeast via N. Black Cat Rd. The collector street is proposed to stub to the north at the northeast corner of the site for future extension to W. McMiIlan Rd. Local stub streets are proposed to the north and south to adjacent properties for future extension as depicted on the preliminary plats in Section ViII.C. Direct lot access via the arterial (Black Cat Rd.)and collector(San Remo StfN.Joy Way)streets is prohibited; the existing access via Black Cat Rd. for the home proposed to remain on Lot 2, Block 1 Quartet Northeast subdivision shall be removed and access taken from Belltower Dr. The bridge across the Five Mile Creek and the gravel fire access road from Black Cat Rd.in the location where the collector street is proposed is required to be constructed for emergency access for any development over 30 homes/lots as approved by the Fire Department. Because N.Joy Way is proposed to stub at the north boundary and is longer than 150' without a Fire Department approved turn around,the Fire Dept. requests a Type 111 barricade is placed at the intersection of N.Joy Way and Grand Rapids Dr.to prevent access until the street is extended in the future. The construction drawings should be revised to include this change.As an alternative to a barricade,a Fire Dept approved turnaround could be provided at the end of the collector street. Parking(UDC 11-3C1: Off-street parking is required to be provided in accord with the standards listed in UDC Table 11-3C-6 for single-family detached dwellings based on the number of bedrooms per unit. Future development should comply with these standards. Parking for non-residential uses is required per the standards listed in UDC l 1-3 C-6B.1. Pathways{UDC 11-3A-8]: The Pathways Master Plan depicts a scgrnent of the City's multi-use pathway system along the north side of the Five Mile Creel:; and along the north and a short portion of the east side of the Quartet Northeast property. The Applicant proposes to construct an off-site 10-foot wide multi-use pathway along the north side of the Five Mile Creek and a detached 10-foot wide sidewalklmulti-use pathway along the east side of the collector street (N. Joy Way),north of the creek,to the north boundary of Quartet Northeast per discussions with the Park's Department. Legal descriptions for the pathway alignments(14-feet wide) Page 10 Page 271 Item#10. should he submitted to the City in order for the pathways to be added to the City's Master Pathways Agreement. The pathway proposed on NMID's property will require a license agreement with NMI❑ for the pathway and associated landscaping required by UDC 11-313-12C. The UDC(11-313-12C)requires a 5-foot wide landscape strip to be provided along each side of the pathway,landscaped with a mix of trees,shrubs,lawn,and/or other vegetative groundcover.A minimum of one trees is required per 100 linear feet of pathway; the calculations table included on the landscape plan does not include the linear feet of pathways or trees proposed to demonstrate compliance with this requirement—the revised plan submitted with the final plat application should include this information. If NMID does not approve the pathway and associated landscaping to be located on their property, the pathway should be provided in a minimum xd-foot wide common lot within Quartet Northeast subdivision within a 14-foot wide public pedestrian easement. Staff recommends pedestrian pathways are provided from the internal sidewalks along Miramente Ct. and Miramente Dr.through adjacent common areas to the multi-use pathway along the Five Mile Creek; and micro-pathways are provided through Lot 14,Block 4 and Lot 7,Block 3 for pedestrian interconnectivity within the subdivision. All pathways shall be constructed in accord with the standards listed in UDC 11-3A-8 and the Pathways Master Plan. Sidewalks(UDC 11-3,4-1 The UDC(113A-17)requires,at a minimum,detached sidewalks to be provided along arterial and collector streets and attached sidewalk to be provided along local streets. Detached sidewalks are proposed along all internal streets,except around the cul-de-sacs, and within the street buffer adjacent to N. Black Cat Rd. and San Remo St.X Joy Way in accord with the standards listed in UDC 11-3A-17. Parkways (UDC 11-14-171: Eight-foot wide parkways are proposed adjacent to all streets where detached sidewalk are proposed; all park-ways are required to be constructed in accord with the standards listed in UDC I 1-3A-17. Landscaping(UDC 11-3B): A 25-foot wide street buffer is required adjacent to N. Black Cat Rd.,an arterial street;and a 20-foot wide street buffer is required adjacent to San Remo SUN.Joy Way, a collector street, landscaped per the standards listed in UDC 11-3B-7C,as proposed. Parkways are required to be landscaped in accord with the standards listed in UDC 11-3A-17 and l 1-3B- 7C. Landscaping is proposed in accord with UDC standards. Landscaping is required along all pathways in accord with the standards listed in UDC 11-3B-12C as discussed above. Common open space is required to be landscaped in accord with the standards listed in UDC 11-3G-3E. Landscaping is depicted in common areas in excess of UDC standards. There are existing trees on the site around the existing homes that are proposed to be retained that may require mitigation if removed.The Applicant should coordinate with Matt Perkins,the City Arborist,to determine mitigation requirements per the standards listed in UDC 11-36-10C.S if existing trees are not proposed to be retained on the site.Any mitigation information shall be included in the calculations table on the landscape plan. - - Page 1 l Page 272 Item#10. If the unimproved right-of-way is 14 feet or greater from the edge of pavement to edge of sidewalk or property line,the Developer is required to maintain a 10 foot compacted shoulder meeting the construction standards of ACHD and landscape the remainder with lawn or other vegetative ground cover as set forth in UDC 11-3114C.5.A license agreement for improvements within the right-of-way is required between the property owner and ACHD. Qualified Open Space(UDC 11-3 : A minimum of 10%qualified open space meeting the standards listed in UDC 11-3G-3B is required to be provided with development. Based on the area of the Quartet Northeast plat(66,52 acres),a minimum of 6.65 acres of qualified open space should be provided. A total of 7.6 acres for 11.5%)is proposed.in excess of UDC standards consisting of half the street buffer along the arterial street(N. Black Cat Rd.),all of the street buffer along the collector street(N. Joy Way), internal linear open space and common areas exceeding 50' x 1 Ob' in area. Based on the area of the Quartet Southeast plat(19.92 acres),a minimum of 1.99 acres of qualified open space should be provided. A total of 3.4 acres for 17%) is proposed in excess of UDC standards consisting of half the street buffer along the arterial street(N. Black Cat Rd.), all of the street buffer along the collector street(San Remo SUN.Joy Way), and internal linear open space. Qualified Site Amenities(UDC 11-3 : A minimum of one(1.)qualified site amenity is required for each 20 acres of land to be developed as set forth in UDC H-3G-3. Based on the area of the Quartet.Northeast plat(66.52 acres),a minimum of three(3) qualified site amenities are required to be provided. A community swimming pool, a tot lot containing children's play equipment,one acre of extra qualified open space beyond the rrdniinum standards and segments of the City's multi-use pathway system are proposed in excess of UDC standards. Based on the area of the Quartet Southeast plat(19.92 acres),a minimum of one (1)qualified site amenity is required to be provided. An additional 1.41 acres of qualified open space beyond the minimum standards is proposed as a site amenity in accord with UDC standards. Because Quartet Northeast and Southeast subdivisions will develop as one and be under the same Homeowner's Association,and common open space and site amenities will be shared, Staff believes the proposed open space and site amenities are adequate for the development with the inclusion of the micropath connections as recommended above. Waterways(UDC 11-3A-67: The Creason Lateral runs across the eastern portion of the north boundary of Quartet Northeast subdivision in Lot 34, Block 4 within a 40-foot wide easement and is proposed to be left open. Because this area is included in the qualified open space calculations for the site,it should be landscaped per the standards listed in UDC i 1-3G-3E-no landscaping is depicted on the landscape plan for that area. The Five Mile Creek is contained within land owned by NMID that lies between the two proposed preliminary plats. The creek should be protected during construction. A portion of the site is within the Five Mile Creek floodplain in an approximate (A)zone which will require a floodplain permit application,including hydraulic and hydrologic analysis to define base flood elevations and a floodway prior to any development occurring in the overlay district-contact Jason Korn,Public Work's,with any questions. Fencing(UDC 11_ 3A-7]: All fencing is required to comply with the standards listed in UDC 11-3A-6C and 1 I-3A-7. Fencing is proposed as shown on the landscape plan. Page 12 Page 273 Item#10. Six-foot tall solid wood fencing is proposed along the perimeter boundary of the site and along side yards adjacent to the street; and 5-foot tall clear vision fence is proposed adjacent to most internal common open space areas. To provide more visibility of the common area on Lot 34, Block 4 where the Creason Lateral is located,Staff recommends fencing adjacent to the common lot complies with the standards listed in UDC 11-3A-7A.7. The Creason Lateral is required to be fenced with an open vision fence at least G' in height and having an 1 I-gauge, 2" mesh or other construction,equivalent in ability to deter access to the waterway. If the Applicant can demonstrate to the satisfaction of the Director that the waterway serves as or will be improved as a part of the development to be a water amenity as defined in UDC I1-1A-1, it is not required to be fenced per UDC I1-3A-GC.If it's improved as a water amenity, construction drawings and relevant calculations prepared by a qualified licensed professional registered in the State of Idaho shall be submitted to both the Director and the authorized representative of the water facility for approval. Staff recommends a break in the fence is provided on the south side of Lot S, Block 5 adjacent to the Five Mile Creek for pedestrian access to the multi-use pathway. Storm Drainage: An adequate storm drainage system is required in all developments in accord with the City's adopted standards, specifications and ordinances. Design and construction is required to follow Best Management Practice as adopted by the City. Irrigation: Underground, pressurized irrigation water is required to be provided for each and every lot within the development in accord with MCC 9-1, Water Use and Service. Irrigation water will be provided from the Nampa& Meridian Irrigation District. Building Elevations(UDC I1-3A-19 I Architectural Standards Maneral]: The Applicant submitted several conceptual Building elevations for the proposed single-family detached homes planned to be constructed in this development which are included in Section VIII.F. Homes depicted are a mix of I-and 2-story units with building materials consisting of a variety of siding styles with stone/brick veneer accents. No elevations were submitted for the non-residential/commercial portion of the development as no development is proposed at this time. Because 2-story home elevations that face arterial and collector streets are highly visible,Staff' recommends as a provision of the DA that the rear and/or side of structures on lots that face N. Black Cat Rd.,an arterial street,and San Remo St./N.Joy Way,a collector street,incorporate articulation through changes in two or more of the following: modulation(e.g. projections,recesses, step-hacks,pop-outs), bays, banding,porches, balconies,material types, or other integrated architectural elements to break up monotonous wall planes and roof lines that are visible from the subject public street.Single-story structures are exempt from this requirement. A Certificate of Zoning Compliance and Design Review application is required to be submitted and approved prior to submittal of any building permit applications for the swimming pool facility and the non- residential/commercial portion of the development. Design of these structures is required to comply with the design standards listed in the Architectural Standards Manual. Design review is not required far single- .f mi4,detached homes, V11. DECISION A. Staff': ff the City Council determines extending the MDR FLUM designation further to the east as proposed is appropriate, Staff recommends approval of the requested annexation and zoning with the requirement of a Page 13 Page 274 Item#10. Development Agreement and approval of the requested preliminary plats with the conditions noted in Section IX.A per the Findings in Section X. B. The Meridian Planning&Zoning Commission heard these items on June 18,2020, At the public hearing,the Commission moved to recommend approval of the subject AZ and PP requests, 1. Summary of Commission public hearing: a. In favor_ Mike Wardle, Brighton Carp. [Applicant's Representative): Jon Wardle, Brighton CoM. b. In opposition: None C. Commenting: None d. Written testimony: Carrie Hovey e. Staff p esenting_application: Sonya_AIlen f. Other Staff commenting on application: None 2. Key issue of public testimony: a. Concern pertaining to traffic&safety of existing 2-lane roadways and the amount of development occurring in this area which is worsening the situation and impact of more development on area schools—would like these applications to be rejected or at least postponed until road infrastructure and schools can be prel2ared to handle the additional impacts. 3. Key issue(s)of discussion by Commission: a. Concerns pertaining to growth and traffic and the adequacy of existing infrastructure to handle more development until improvements are made in this area, b. Theoption of requiring the noise/odor study to be complete rior to development of Phase 3 to determine if residential uses are appropriate in the area current MU-NR designated area. 4. Commission change(s)to Staff recommendation: a. Modification to condition#B 1.2 to require the water main in N. Joy Way to continue south through Quartet SE to provide a 2nd connection out to Black Cat Rd. with the 2nd phase of development, instead of the ist phase,as recommended by Staff. 5_ Outstanding issue(s)for City Council: a. None C. The Mgii"n Cit-Y&-ouuci -kar-d>:h=itgmsQu-191 k�e u lip Mean the CQttrt61 umved to 4 .rove the sub' t AZ and PP regweests. L— ��t��the-Clay�untwilgta�he�,ri>t�. a Mayor:Mike Mee and JwLV ardle3_�ri t on Corgi b, In opposi_tinn_None — -- �, ->,unentin�eni���er t Written testimony: Mike Wardle,Brighton Corp.(in agreement with the Convnis5ldn t' wmendation). z Staff ffRresenting pnlicaAQPu-SQny&Aden t e_r—St-aff-c-Q tn_JentingvoR=Iicati4m male oLtliuse•QW �, K�v_i�u�[�o#'otr�li�t�timQux� a. OpInIpathatit'smot aanrogiate In-approye_Gta on WAQula-dgyglopmCnt]plan . b. Testimony from Hale Bolthouse that only 4 complaints have been received in the last 5 7 T rm:� _ 1�' - C ld��lt� non q an offensiY �o1 r - as ewater treatment flit -, 3_ Key issue(s)of discussion by City Council: �Q� cit eau sled axrv*Qi fs n�taa fxur�Px�ic�x in�� � _up-ymminAmdox "dY: Page 14 Page 275 Item#10. b, C-Quoui mrlabAug tcz�aval sl resi n�ti �Eisen�> �I l 1yRs i t d � Phmm 3 priorto-Qbtaining. updated—odor. ttu r to dcluminc if rcsicIcnU ems_s are anDrronriate in that area: e P� Cr�11$1I1�1L��R�t ��9aIlQLrS1 ��1��Y _ nl�L Citv has the a il'tvt+_to restrict residential Les and possibly other uses i th-c M I-NR designated area if the odor study reflects a sia sigttificant impact on this area: Concern of allQw-Ejig C-G.zoning,without a gn�eDtttal d�Y l en#.r�lart.;ih�wing_h4W the lot is to be developed. _City Council c1}ones to Cornrni4ipn recomme adation: a. An odor s udy i is d tQ bc-conu-cted_by-the City io to_ yeiop e ►to[PPc determine_if residential uses are approp_ -ate in the-1VMU-NR de�i�nated area: if et rmined t�2ot}ea nn=dateTa mmodi fi a i wt t t-eD.��ta he required to amen the dev-elopmentD1an for that_area..{ ca-new DA.provisim A-1 b k Modify DA provision#A.1 f to reguire the DA to be modified to include a conceptual d.Cy-e1 17n� 1 �# r the T . Page 15 — Page 276 Item#10. VIII. EXHIBITS A. Record of Survey for Property Boundary Adjustment in Ada County(#at-Approvedyecorded) x = rIN 1 , , LJ e " C _ \� ■ Vpt 4 = k �r 6 It Ill 3-1 a ` � - --4- _ 1I Page 16 Page 277 Item#10. B. Annexation Legal Description & Exhibit Map Quartet Northeast: lam 9233 WEST STATE STREET I BOISE,ID 83714 l 209-639,6939 1 FAX 208.B9.6910 April 10,2020 Project No.19-010 Exhibit A Legal 0ascription for Anneitation Quartet Northeast A parcel of land situated in a portion of the South 1/2 of the Northwest 1/4 of Section 34,Township 4 North,Range 1 West,Boise Meridian,Ada County,Idaho and being more particularly described as follows: Commencing at a brass cap marking the Northwest corner of said Section 34,which bears N00'27'24"E a distance of 2,631.60 feet from an aluminum cap marking the West 1/4 corner of said Section 34,thence following the westerly line of said Northwest 1/4,SOO'Z7'24"W a distance of 1,315.80 feet to the North 1/16 corner of said Section 34 and Section 33 and being the POINT OF BEGINNING. Thence leaving said westerly line and following the northerly line of said South 1/2 of the Northwest 1/4,589'26'06"E a distance of 2,647.62 feet to an aluminum cap marking The Northeast corner of said South 1/2 of the Northwest 1/4(C-N 1/16 corner); Thence leaving said northerly line Fnd fallowing the easterly line of said South 1/2 of the Northwest 1/4, S00'43'47"W a distance of 1,323.39 feet to a 5/8-inch re bar marking the center of said Section 34; Thence leaving said easterly line and following the southerly IIna of said Northwest 1/4,N89'16'14"W a distance of 1,129.66 feet to the centerline of Frve Mile Drain; Thence leaving said southerly line and following said centerline the following eight (8)courses: 1. N38"17'55"W a distance of 133.84 feet; z. N46'51'55"W a distance of 134.69 feet; 3. N73'28'41"W a distance of 107.91 feet; 4. N79'57'O1"W a distance of 2O2.45 feet; S. N77'05'23"W a distance of 117,20 feeet; 6. N79`O5'4O"W a distance of 326.25 feet; 7. N78'22'23"W a distance of 307.52 feet; S. N78'15'35"W a distance of 100,49 feet; Thence leaving said centerline,1\100'27'24"E a distance of 235.72 feet; Thence N89'32'36"W a distance of 195.00 feet to the westerly line of said Northwest 114; Thence following said westerly line,NOO`27'24"E a d+stance o€664.43 feet to the POINT OF aEGINNIMG. Said parcel contains a total of 68.735 acres,more or less. S Attached hereto is Exhibit 6 and by this reference is hereby made a part of. .e 12459 a OF rV L. S�Lb `f to ENGINEERS I SURVEYORS I PLANNERS Page 17 Page 278 Item#10. a a w n � Z N �z m m Td uell!W�W'M Ia �d q wino 0 5 w A w 4 s F L�r] �yy� 'm ro oin w 0 zm z 0 0 U I n ui o"4d r SZv�4o� T- D UI* o 0 s a o �i � ro M ry cn ad �� u R x m zh a Z9'Z"Z 3.90,89.88S C � m O V! ' op min m n m m n� x 4 m w C oIr M8 w ono a o� W a i rD m am w p 7 Z C� mt mm N a m Qj -; a cDi n 4N x~ Ncq �Q O rfl 2 rLr�n 1� b rri. „� �p L p Q 1+i 7 7 W aJ Z U f I9 d 7n--, Z N o ptl� C sr�}� V 4GL! lam. iQi 1] U N � Lf N X N �i 882 2 0 fin_ cn p O{eyY in a o q ru d j x u n ol a n d Lu a n !V oul ,99'6Z V 1 IIJ 0 k.68N m M° Vs MT Ln � 8_ o Page 18 Page 279 Item#10. Quartet Southeast: km 9233 WEST STATE STREET I 80ISE,083714 f 209.639.6939 1 FAX 208.639.6930 April 10,2020 PrajeCt N0.19-010 Exhibit A Legal Description for Annexation and Rezone to R-8 Quartet Southeast A parcel of land situated in a portion of the North 1/2 of the West 1/2 of the Southwest 1/4 and a portion of the South 1/2 of the Northwest 1/4 all in Section 34,Township 4 N art h,Range 1 West,60ise Meridian.Ada County,I d a h a and being more particularly described as follows: BEGINNING at an aluminum rap marking the West 1/4 corner of said Section 34,which bears S00"27'24"W a distance of 2,631.60 feet from a brass cap marking the Northwest corner of said Section 34,thence following the westerly Sine of said Northwest 1/4,N00°27'24"E a distance of 450,24 feet to the centerline of Five Mile Drain; Thence leaving said westerly line and following said centerline the fallowing nine t9�courses: 1. SSYS3'03"E a distance of 33.19feet; 2. 578°15'35"E a distance of 265.65 feet; 3. S78'22'23"f a distance of 307.52 feet; 4_ $79°0540"E a distance of 3 26.2 5 feet; 5. 577"05'23"E a distance of 112.20 feet; 6. 579°SrO1"E a distance of 202.45 feet; 7. 573°28'410E a distance of 107.81 feet; 8. S46°51'5VE a distance of 134.69 feet; 9. 538'17'S5"E a distance of 133.84 feet to the southerly line of said Northwest 1/4; Thence leaving said centerline and Fallowing said southerly fine,N89'16'14"W a distance of 191.01 feet to a 5/8-inch rebar marking the Northeast corner of said West 1/2 of the Southwest 1/4(C-W 1/16 corner); Thence leaving said southerly line and-1 all low ing the easterly sine of said West 1/2 of the Southwest 114, SW35o24"W a distance of 25.93 feet; Thence leaving said easterly line,60.97 feet along the arc of a circular curve to the left,said curve having a radius of 517.00 feet,a delta angle of 06`45'23",a chord hearing of 547'09'17"W and a chord distance of 60.93 feet; Thence S43'46'36"W a distance of 306,45 feet; Thence 423.64 feet along the arc of a dreuIar curve to the right,said curve having a radius of 520.00 feet,a delta angle of 46°40'43",a chard bearing of 567°06'57"W and a chard distance of 412.42 feet; Thence N89"32'41"W a distance of 589.03 feet; Thence S45°27'19"W a distance of 29.19 feet; Thence SOW27'12"W a distance of 79.36 feet; Thence N89'32'48"W a distance of 78.00 feet to the westerly line 0(said Southwest 1/4; Thence following said westerly Ilne,NCO°27'12"E a distance of 560.22 feet to the POINT OF BEGINNING. Said parcel contains a total of 22.26 acres,more or less.' c Attached hereto is Exhibit 8 and by this reference is hereby made a part of. o, ul 12459 x ENGINEERS I SURVEYORS I PLANNERS Page 19 Page 280 Item#10. 28 2? W. McMillan Rd. 33 34`FOUND BRASS CAP NORINWEST CORNER SECTION 34 ❑ 125 250 500 N Scale: 1"=25Q' Unplatted S83'53.03'E 33.19' 1 S7615'35"E _cv 265.65' S78-22'23"E 307.52' S79105'40°E ~ �e 325-25' S77'05'23'E caw r)t@Iljl)e FiV 112.20" S79'57'01'E e Mile Drain 202.45• ¢ 573'28.41'E 107.81' QLn ¢ 54551'55 E 51434233920 134.69' POINT OF BEGINNING 538'17'55"E FOUND ALUMINUM CAP 133.84' 33 WEST 1/4 CORNER SECTION 34 34 — Annexation Area: 22.26±AC. c3 N89.16'14W Current Zoning: RUT 191.01, Proposed Zoning: R-8 c-w 1/16 50434325850(Partionl tar 50434234020(Portion) CORNER#5° ' SECTION 34 w+ m ry 3 S45.27'19'W on to 2919' lUnplatted w N59'32'41'W 589.03' S00'27'12W 78.35' N89'32'48'W 7&00• Unplatted FOUND ALUMINUM CAP SW CORNER SECTION 34 33 34 T.4N., R.1w.W. McMillan Rd. 4T 3 T.3N.. R.tw. `4V,pL LAND LEGEND c,5��Gls FOUND BRASS CAP FOUND ALUMINUM CAP l 12459 Q 5/8—INCH REBAR A CALCULATED POINT --f 9T£ DE ANNEXATION & REZONE ROUNDAfiY FNG&E[IRS.SV9V€1'ORS-PIAWNCR5 — — SECTION LINE 8733 WEST STATE STREET BOISE.IDAHO83714 PHONE(209)639-69311 FAX 1209)639.6930 Exhibit B Annexation and Rezone i]ATF: Apr{f:020 PROJECT: SHEET: Quartet Southeast Subdivision 1 OF 1 N1/2 W1/2 SW1/4 & 51/2 NW1/4 Sec. 34, T4N, R1W, B.M., Ada Courity, ID Page 20 Page 281 Item#10. City Lift Station Lot: lum 9233 WEST STATE STREET I 301SE.0 83714 1 208.639.6929 1 FAH 2O8.639.6930 April 20,2020 Project No.19-010 Exhi bit A Legal Description for Annexation and Rezone to R-8 City of Meridian Parcel A parcel of land situated in a portion of the Southwest 1/4 of the Northwest 1/4 ail in Section 34, Township 4 North,Range 1 West,Boise Meridian,Ada County,Idaho and being more particularly described as follows; Commencing at a brass cap marking the northwest corner of said Section 34,which bears N00°27'24"E a distance of 2.631.60 feet from an aluminum cap marking the west 1/4 of said Section 34,thence following the westerly line of said Northwest 1/4,S00'27'24"W a distance of 1,980,23 feet to the POINT or BEGINNING. Thence leaving said westerly line,S89'32'36"F a distance of 195.00 feet to a 5/8-inch rebar; Thence S00'27'24"W a distance of 236.72 feet to centerline of Five mile Drain; Thence following said centerline,N78"15'35•'W a distance of 165.16 feet; Thence following said centerline,N83°53'03"W a distance of 33.19 feet to the westerly line of said Northwest 1/4; Thence leaving said centerline and following said westerly line,N00'27'24"E a distance of 201.13 feet to the POINT OF BEGINNING. Said parcel contains a total of 0.974 acres,more or less. Attached hereto is Exhibit 9 and by this reference is hereby made a part of. Nil a 12459 0 14 4-1 •2-0-ZDz7 ENGINEERS ' SURVEYORS I PLANNERS Page 21 Page 282 Item#10. 28 27 W._Mc_Mi11an Rd. 33 34 POINT OF COMMENCEMENT N FOUND BRASS CAP NW CORNER SECTION 34 0 ra 0 50 100 200 la CV Soule: 1"=100' 0 N POIN7 OF BEGINNING S89'32'361 195,00' 2'q LEGEND FOUND URASS CAP FOUND ALUMINUM CAP Piei O & 5/6—INCH REEIAR n n rExat�o 3AL��$lP°TVk A CALCULATED POINT ¢to AID �vo:. �.S ANNEXATION & REZONE a b��QR3A en�Z0 on� o BOUNDARY LN?.&I5,35-w N6�53'03-W 3� FIVe Mlla? "v N m � v 4 LpL LAND 12459 33134 s1 qkin rF • '-,_NESTOT ALUMINUM CAP SECTION 34 q'PpN D A��Q4 ENGINEERS.SURVEYORS.PUWNERS �,f 7 9133 WEST STATE 5TfiEET f- U� 9O1SE,IDAHO83714 PHONE I2481639 G939 Fn<czoas�l�v3n Exhibit B Annexation and Rezone to R-8 ❑ATT Apr"?W0 PROJECT; 19-010 SHEET: City of Meridian Parcel -4130 N. Black Cat Rd. 1 ❑F 1 SW 1/4 NW 1/4 Sec. 34, T4N,, R1W., B.M., Ada County, Idaho Page 22 - Page 283 Item#10. C. Preliminary Plat(date: 1/31/2020)& Phasing Plan Quartet Northeast: QUARTET TiDRTHEAST 5UBU1V151UN PRE LI1NNANY PLAT ter•r I.W1I lip 1)yW,%IIwFoaP4T"IWl,ln le;NlWfftIxrW11111F"p,-*lnaby11 ;��-•.w 1 _ Sow v"v I I101n1 M 4i 1'r/�,cm P iiuo"MM�n.GANG rw L. 4 QD � 4 II I — Page 23 Page 284 Item#10. � 1I�L y s Q I j . 5-1 Y Imo. r ag � e r� , r p p r 'csSE]4i a16i�G5i 3iL c R — � �� � p'^ � � i�"ilS�':rLwrtL•l�ri.ai'S�_.s:Ty.—. ■ ;n K > 1 a IL ■ 8 ! ! 4in 94 ! 9 ■i/. A a Jt 1p r • N� v • i1 a ''�•r.. rr.� e9 _Il 7 r Page 24 Page 285 Item#10. i + R4 �.l '111111Ri��wRS"ILfi.'N4V� Quartet Southeast: QUARTET SOUTHEAST SUII(XVISION PRE MM3NARY PLAT Awul:.r!ar uxavinATec IN wRHax Ir nr aourH!fr OF rHI IICR1NwrsT tIs } + MID KAMOM OfIHf Wnl 1flOY IHf SOW nWL41 US Of SKT;O%jt iT7A%GHl0-a i - =imw al-rx Ila ---Z--z V- - Page 25 Page 286 Item#10. -L - a+r rm m.mrrsr si.�orn�r — QD ij AL Page 25 Page 287 Item#10. Phasing Plan: .......... 4 K k TI -4 J- ... ....... AL A IL IIIIIIIIIIIIIIIIIIIIIlililljl V71 --Z ZAX 4; Page 27 Item#10. D. Landscape Plan (date: 1/30/2020) Quartet Northeast: VIOi ORO { _ E +P • FU_ L �. - h I AfiM[�i RAN - wU Page 28 Page 289 Item#10. • ---- — —..—..—..—.. _ maw _ .....- . . . ......................... _ -- i f i e ' aurm�■og D,Lti canna+••-•,• Quartet Southeast: S - V z ti jo I BRJUHTON t[M-YfU�I.GMl1L-I�MR - Page 29 Page 290 Item#10. 1 F �� y_ •. 5e��1VAYnA .• �+� Mw -------------- rMw T_•.';'.Y"'- �-irJs/LY.6R�,t'- i��t]C����J.�l.-.7 L'Z'.« p_ _ ■Y.C--LJ��R4#..niter ~ ea ri nn y �� __ au�A,n sauau�aneaNs�ar 0 - - low INWI iji . • - /I rooms+ r_ �i r:; s4'� aura;:,murnw7 su�enw _. uwosu.r4 nsn �r'�rs:�iaiw3�r�e� �'�� •Aca"'' o �� nuc Page 30 — Page 291 Item#10. E. Qualified Open Space Exhibit(dated: 6/11/2020) Quartet Northeast: ii QUARTET NORTHEAST SUBORMSIM OrP*N SPACE E%HIEV 7sKi'.•L+:+t� ._ wmrrr swc�.eo. WEEK MID.— Quartet Southeast: QVARrETSOL"HEAST SU 001 VISIO"MN SPACE EKH181T x4 % MINE n� MON— i Page 31 Page 292 ! C ! LA a r l Rams urn ■ __— �` + BRtG HT{} t + BRIGHTON AnrEr - a F1 I •1 J:L ...� Li • :- BRI( i f"t'c) BRIGHTON T j.� TTTICA11F3SYAS'DDIf.� '[ 7cT1lC1L IItYA ot or 21* �r BRIGHTON , + BRIGHTON Item#10. IX. CITYIAGENCY COMMENTS & CONDITIONS A. PLANNING❑IVISION 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. this The ❑A 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, qualified open space exhibit and conceptual building elevations included in Section VIII and the provisions contained herein. b. The existing homes that are to be retained on lots in the proposed subdivision are required to disconnect from private systems and hook up to City water and sewer service within 60 days of such services becoming available as set forth in MCC 9-1-4 and 9-4-5 respectively. Existing wells may be used for irrigation purposes only. c. The existing homes to be retained on lots in the proposed subdivision will be assigned new addresses with subdivision of the property. d. The Five Mile Creek shall be protected during construction. e. No residential uses shall be developed on the non-residentiallcommercial.C-G zoned lot on the east side of the collector street(depicted as Lat 1 Block 14 on the preliminary 1&t , including but not limited to,a multi-family development,a vertically integrated residential project,and/or a nursing/residential care facility airless a subsequent Noise affd Odor Study conducted by the City determines residential uses are appropriate in that area. f. The Developer shall coordinate with the City Park's Department prior to development of the non-residentiallcottunercial lot L de-t ed as.Lot I"Bloc 1 n the grelimirta lad on the east side of the collector street(N.Joy Way)to determine if a City Park is needed in this area as designated on the Comprehensive Plan. TheD_e_VftU=tAg=mCnt shall be amended to include a conceptual development plan for that area prior to any development occurring on that lot. g, The rear and/or side of structures on lots that face N. Black Cat Rd.,an arterial street,and San Remo St./N.Joy Way, a collector street, shall incorporate articulation through changes in two or more of the following: modulation(e.g. projections,recesses, step-backs,pop-outs), bays, banding, porches,balconies, material types, or other integrated architectural elements to break up monotonous wall planes acid roof lines that are visible from the subject public street. Single-stofy structures are exempt fi-om this requirement. h. Quartet Northeast and Southeast subdivisions shall develop and be phased as one project and shall be included in the same Homeowner's Association;all common open space and site amenities between the two subdivisions shall be shared. i_. An odor study shall be conducted by the City prior to development of phase 3 to determine if r.�5idential uses�r�apJ7rtzRriat�]atl]�M��1�I r�a.i£�.��rmined to nQt be�pr_czpxiat�. Page 33 Page 294 Item#10. a-modt5mim_tQ tl:D_e_w � r� tneilt hall be renuir to amend tk�� Yels�]zment�� &-that arm ?_ The final plat(s)submitted for this development shall incorporate the following: a. Include a note stating direct lot access via N. Black Cat Rd. and San Remo SUN.Joy Way is prohibited. 3. The landscape plan submitted with the final plat application shall be revised as follows: a. Add pedestrian pathways from the internal sidewalks along Miramente Ct. and Miramente ❑r. through adjacent common areas to the multi-use pathway along the Five Mile Creek; provide breaks in the fence where necessary to provide a connection. AIso provide micro-path connections through Lot 10,Block 4 and Lot 7, Block 3 for pedestrian interconnectivity within the subdivision. b. Landscaping shall be depicted on either side of all pathways as set forth in UDC 11-3B-12C. Calculations shall be included for the linear feet of pathway and the required vs. provided number of trees in the Calculations table. c, If any existing trees are proposed to be removed from the site, the Applicant shall schedule an inspection with the City Arborist, Matt Perkins,prior to removal of any such trees to determine mitigation requirements in accord with the standards listed in UDC I 1-3B-10C.5. Mitigation information shall be included in the calculations table on the plan if applicable. d. If the unimproved right-of-way is 10 feet or greater from the edge of pavement to edge of sidewalk or property line,the Developer is required to maintain a 10 foot compacted shoulder meeting the construction standards of ACHD and landscape the remainder with lawn or other vegetative ground cover as set forth in UDC i 1-311-7C.5. A Iicense agreement for improvements within the right-of-way is required between the property owner and ACHD. e. Depict fencing adjacent to the Creason Lateral as set forth in UDC I I-3A-6C.3 in order to preserve public safety unless the waterway is proposed to be improved as part of the development to be awater amenity. In such case, documentation shall be submitted as set forth in UDC I I-IA-1 and 11-3A-6C.2 for approval by the Director. f. The location of site amenities shall be depicted on the plan; a detail shall be submitted for the children's play equipment. g. Depict landscaping in Lot 34, Block 4 in accord with the standards Iisted in UDC 11-3G-3E. h. Depict fencing an Lot 34.Block 4 where the Creason Lateral is located per the standards listed in UDC 11-3A-7A.7 to provide more visibility of the common area. i. Depict a 6-foot tail open vision fence having an 11-gauge,2 inch mesh or other construction equivalent in ability to deter access to the Creason Lateral on Lot 34,Block 4 in accord with the standards listed in UDC I 1-3A-6C.3 unless the waterway is proposed to be improved as part of the development to be a water amenity. In such case,construction drawings and relevant calculations prepared by a qualified licensed professional registered in the State of Idaho shall be submitted to both the Director and the authorized representative of the water facility for approval. 4. Future development shall be consistent with the minimum dimensional standards listed in UDC Tables I l-2A-6 and 11-2B-3 for the R-8 and C-G zoning districts respectively. 5_ The bridge across the Five Mile Creek and the gravel fire access road from Black Cat Rd. in the location where the collector street is proposed shall be constructed for emergency access for any development over 30 homes/lots as approved by the Fire Department. 6. Off-street parking is required to be provided in accord with the standards listed in UDC Table I 1-3C-6 Page 34 Page 295 Item#10. based on the number of bedrooms per unit. 7. An exhibit shall be submitted with the final plat application that depicts the setbacks, fencing,building envelope,and orientation of the lots and structures accessed via cominon driveways; if a property abuts a common driveway but has the required minimum street frontage and is taking access via the public street,the driveway shall be depicted on the opposite side of the shared property line from the common driveway as set forth in UDC 11-6C-3D. 8. Address signage shall be provided at the public street for homes accessed via common driveways for emergency wayfinding purposes. 9. A perpetual ingress/egress easement shall be tiled with the Ada County Recorder for the common driveways,which shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment as set forth in UDC 1 I-6C-3D.8. A copy of said easement shall be submitted to the Planning Division with the final plat for City Engineer signature; or,this information may be included on the face of the plat. 10. A Type III barricade shall be placed at the intersection of N.Joy Way and Grand Rapids Dr. to prevent access until the street is extended in the future; the construction drawings shall be revised to include this change. As an alternative to a barricade, a Fire Dept. approved turnaround could be provided at the end of the collector street instead. 11. All existing structures that don't comply with the setback standards listed in UDC l 1-2A-6 shall be removed from the site prior to signature on the final plat by the City Engineer for the phase in which they are located. 12. A 14-Foot wide public pedestrian easement shall be submitted to the Planning Division for the I0-f'oot wide multi-use pathways proposed within the site that are not located within right-of-way,prior to signature on the final plat by the City Engineer. 13, The existing access via Black Cat Rd. for the home proposed to remain on Lot 2, Block 1, Quartet Northeast subdivision shall be removed. 14. A Certificate of Zoning Compliance and Design Review application is required to be submitted and approved prior to submittal of any building permit applications for the swimming pool facility in the residential portion of the development, and for all non-residential/commercial. uses. B. PUBLIC WORKS 1. Site Specific Conditions of Approval 1.1 Applicant to ensure that the depths of the sanitary sewer allows for service of the property to the SE of Quartet Northeast per the Meridian Wastewater Master Plan. 1.2 The water main in N Joy Way(furthest east road)should be a 12-inch. Also,the water main in N Joy Way will need to continue south through Quartet Southeast to provide a second connection out to Black Cat Road with the fifst second phase of the development. 1.3 Consider eliminating the short dead-end water main in the cul-de-sac off of Exeter Avenue and Capriana Drive, instead install three services to the three cul-de-sac homes off the mainline in Capriana Drive. 1.4 From the preliminary investigation of groundwater elevation provided in the application,it appears that shallow groundwater maybe a factor with the development of this subdivision. Additional monitoring and analysis shall be required to ensure that homes constructed within this development do not encounter groundwater within their crawl spaces. Updated data and recommendations from a geotechnical professional shall be required with the submittal of construction design drawings. Page 35 Page 296 Item#10. 1.5 A portion of this project lies within the Meridian Floodplain Overlay District. Prior to any development occurring in the Overlay District,a Floodplain permit application, including hydraulic and hydrologic analysis is required to be completed and submitted to the City and approved by the Floodplain Administrator per MCC 10-6. 2. General Conditions of Approval—Quartet Northeast& Quartet Southeast 2_l 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 casement 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 1 1"map with bearings and distances(marked EXHIBIT B) for review. Both exhibits must be scaled,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. ?A 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 I 1-3A-6. In perforn-ing such work,the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. 17 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. Page 36 Page 297 Item#10. 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 he 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 1 1-5C- 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 I 1-12-3H. 2.17 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 2.18 The design engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD.The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.20 At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.21 A street light plan will need to be included in the civil construction plans. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found at http://www.meridiancity.org/Pub/ic 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?3The 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 Page 37 Page 298 Item#10. 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. R E DEPARTMENT Northeast: hops:llweblink.meridiancity.orglWebLinklDocView.gx x?id=187210&dbid=O&repo=Mer_idianCity Southeast: h yps:Ilweblink.meridiancity.org1WebLink1DocView.aspx?id=187211&dbid=0&repr�=MeridianCity Phasing: https:Ilweblink.meridiancity,orglWebLinklDoc View.aspx?ia--187133&dbid=0&rep0=MeridianCity D. POLICE DEPARTMENT https:llweblink.meridiarzcity.orglWebLiizk/DoeView.aspx?id=187674&dbid=0&repo=MeridianCity E. PARK'S DEPARTMENT Northeast: htWs:llweblink,mer•idianctty.orglWebLinklDocView.aspx?id=19021 b&dbid=11&repo=Meridian City Southeast: No comments were submitted F. COMMUNITY PLANNING ASSOCIATION OF SOUTHWEST IDAHO(COMPASS) Northeast: https:lltiveblink.meridiarzcit}�.orglWebLinklDoeVieu-aspx?irl 188456&dbid=0&repo=MeridianCrt_y Southeast: https:llweblink meridianclty.orglWebLinklDoc Hem gWx?irk 188457&dbid=O&repo=Meridian Cit_v G. ADA COUNTY HIGHWAY DISTRICT(ACHD) hops:IAweblinkmeridiancity.org1WebLinklDoc View,gWx?id 189173&dbid=O&repo=Meridian City H. NAMPA& MERIDIAN IRRIGATION DISTRICT(NMID) Northeast: htlps:Iliveblit?k.nzez-idiarrc•ih'.orglWebLirzklDocYaew.asp.C?id 188676&dbid=0&repo=MeridianCW Southeast: htWs:llweblink.meridiancity.orglWebLinklDoc View.aspx?id=188675&dbid=0&repo=MeridianCiU 1. CENTRAL DISTRICT HEALTH DEPARTMENT Northeast: https:llweblink,meri&ane jty.orglWebLinklDoc View.aspx?id=187425&dbid=0&repo=Meridian City Southeast: httus:11weblink,meridianeim orglWebLinklDoeView.aspx?id=187427&dbid=0&repo=Meridian City J. IDAHO TRANSPORTATION DEPARTMENT(ITD) Northeast: https:llweblink.meridiancity.org1WebLink1Qoc View.gwx?id 189529&dbid=0&rep0=Meridian0t_y Southeast: Page 38 Page 299 Item#10. lrtlps:Ilweblink.rneridianciti o►19'ebLink1DocView.asp_r?id=189614&dbid=0&repo=MeridianCO3 K. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ) Northeast: httus:Ayeblinkmeridiancily.orglWebLink/DoeVie►r�.y&.y?id 187575&dhid=0&rWo=MeridianCitj, Southeast. lrtllrs:/Iweblink.rrret icliurtcih.orglWeULrnlJDoc Uieit.a.spx?id=157574&dhid=0&repo=Mel idiarrCitv X. FINDINGS A. Annexation and/or Rezone(UDC 11-5B-3E) Required Findings: Upon recommendation from the commission,the council shall make a full investigation and shall, at the public hearing,review the application. In order to grant an annexation and/or rezone, the council shall make the following findings: l. The map amendment Complies with the applicable provisions of the comprehensive plan; The City Councilfinds theproposed zoning map amendment to R-8 dr GG and proposed development is generally consistent with the Comprehensive Plan and is appropriate with an extension of the MDR FLUM land use designation to the collector street as proposed if the Applicant complies with the provisions in Section IX 2, The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council finds the proposed single-family detached homes will contribute to the range of housing opportunities in the Cink 3. The map amendment shall not be materially detrimental to the public health, safety,and welfare; The City Council finds the proposed zoning map amendment should not be detrimental to the public health, safety,and welfare. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the city including,but not limited to,school districts;and The City Council_/finds the proposed zoning map amendment will not result in all adverse irrrpact on the delivery of'services by an),political subdivision providing public servicer within the City. 5. The annexation(as applicable)is in the best interest of city. The City Council finds the proposed annexation is in the hest interest of the Cio,if'the property is developed in accord with the provisions in Section IX. B. Preliminary Plat Findings: In consideration of a preliminary plat,cam bined preliminary and final plat,or short plat, the decision-making body shall make the following findings: 1. The plat is in conformance with the Comprehensive plan; The City Council finds that the proposed plat, with the Commission's recommendations, is in substantial compliance with the adopted Comprehensive Plan in regard to land use, densi4,, transportation, and pedestrian connectivity. (Please see Comprehensive Plan Policies in. Section V of this report.for nrore h?formation.) Page 39 Page 300 Item#10. 2. Public services are available or can be made available and are adequate to accommodate the proposed development; The City Council finds that public services will be provided to the subject property with development. (See Exhibit 3 of the Staff Report,for more detcrils,fro►n public service providers) 3. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because Cite water and server cued anu other utilities will he provided by the development at their own cast, the City Council,finds that the.subdivision will not require the expenditure of'capital improvement funds. 4. There is public financial capability of supporting services for the proposed development; The Citv Council finds there is public financial capability of supporting services far the proposed development based upon comments from the public service providers (i.e., Police, Fire, ACHD, etc.). (See Section IX for more hifornzation.) S. The development will not be detrimental to the public health,safety or general welfare; and, The Cityy Council is not aware Uf am, health, safety, or environmental problems associated with the platting of this property. ACHD considers road safety,issues in their analysis. 6. The development preserves significant natural,scenic or historic features. The Cite Council is unaware of any significant natural, scenic or historic features that exist on this site that require preserving. Page 40 Page 301