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Teakwood Place Subdivision (H-2020-0006) (2021-002167) ADA COUNTY RECORDER Phil McGrane 2021-002167 BOISE IDAHO Pgs=45 NIKOLA OLSON 01/06/2021 09:46 AM CITY OF MERIDIAN, IDAHO NO FEE DEVELOPMENT AGREEMENT PARTIES:: 1 City of Meridian ;, Charles and Vickie Richardson, Owners 3. Bruce He sin , Hesscomm Corp., Developer T1 1S DEVELOPMENT ANT (this Agreement), is made and entered into this 5th day of 2020, by and. between City of Meridian, a municipal corporation f the State of Idaho, hereafter called CITY whose address is 33 E. Broadway Avenue, Meridianjdaho 83642 and Charles and Vickie Richardson,whose address is 1835 E,VictoryRoad Meridian,ID 83646, hereinafter called OWNERS, and Bruce Hessing,HessCornm Corp.,whose address is 6700 Linder Toad,Meridian,1D 83 646 hereinafter called DEVELOPER, 1RECITALS: 1.1 WHEREAS,Owners are the sole owners,in lawand/or equity,of certain tract of land in the County of Ada, State of Idaho described inExhibit"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 L2 WHEREAS,Idaho Code§ 67-65 1 l A provides that cities;may,by ordinance, rewire or pen-nit as a condition of zoning that the Owner and/or Developer male a written commitment concerning the use or development of the subject Property, and 1.1 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 submitted an application for annexation of 7.35 acres Of land with a -8 (Medium Density Residential) zoning districts of the property listed in Exhibit"A", attached hereto, under the Unified Development Code, which generally describes how the Property will be developed and what improvements will be made; and 1.5 WHEREAS, Ownersand/or/Developer trade representations at the public hearings before planning and Zoning Commission and;the Meridian City Council, as to hove the property will be developed and what improvements will be made; and DEVVELOPM,ENT 1'cREFMENr--TEAKWOt D PLACE SUBDMSION -20 -0006) PAGE 1 OF 8 DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2, Charles and Vickie Richardson, Owners 3. Bruce Hessing, Hesscomm Corp., Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this 5th day of January , 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 Charles and Vickie Richardson,whose address is 1835 E.Victory Road, Meridian, ID 83646, hereinafter called OWNERS, and Bruce Hessing, HessComm Corp.,whose address is 6700 Linder Road, Meridian, ID 83646 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 Owner and/or Developer make a written commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section 11-5B-3 of the Unified Development Code ("UDC"), which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, Owners and/or Developer submitted an application for annexation of 7.35 acres of land with a R-8 (Medium Density Residential) zoning districts of the property listed in Exhibit"A", attached hereto, 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 hearings before Planning and Zoning Commission and the Meridian City Council, as to how the Property will be developed and what improvements will be made; and DEVELOPMENT AGREEMENT-TEAKWOOD PLACE SUBDMSION(H-2020-0006) PAGE 1 OF 8 Item#13. 1.6 WHEREAS, the record of the proceedings for requested annexation and zoning held before 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 1st day of December, 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 hollows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words,terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for,unless the clear context of the presentation of the same requires otherwise: 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Broadway Avenue,Meridian, Idaho 83642. 3.2 OWNERS: means and refers to Charles and Vickie Richardson, whose address is 1835 E. Victory Road, Meridian, ID 83646 hereinafter called OWNERS,the party that owns said Property and shall include any subsequent owner(s) of the Property. DEVELaPMFNT AGREEMENT—TEAKwooD PLACE SUBDMSION(H-2020-0006) PAGE 2 of 8 Page 288 Item#13. 3.3 DEVELOPER: means and refers to Bruce Hessing, HessComm Corp., whose address is 6700 Linder Road, Meridian, ID 83646, hereinafter called DEVELOPER,the party that is developing said Property and shall include any subsequent developer(s) of the Property. 3.3 PROPERTY: means and refers to that certain parcel(s)of Property located in the County of Ada,City of Meridian as in Exhibit"A"describing a parcel to be annexed and 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, landscape plan, open space exhibit and conceptual building elevations included in Section VII of the Staff Report that is attached to the Findings of Fact and Conclusions attached hereto as Exhibit `B". b. If the existing home is to remain., the home shall connect to city services upon development. c. The existing home shall close its driveway access to E. Victory Rd and take access from E. Fathom Street with development of the Subdivision. d. The future 10-foot multi-use pathway shall be constructed at such time that Lot 2, Block 2 is either redeveloped or subdivided in the future in accord with DUC 11-3A-8 and UDC 11-3B-12. The Applicant shall submit a public access easement for the future multi-use pathway partially located on Lot 2,Block 2. Submit casements to the Planning Division for Council approval and subsequent recordation. The easement may be a minimum of ten(10)fee wide, as offset from the northeast property line(s). Use standard City template for public access easement. Coordinate with Kim Warren from the City of Meridian Parks Department. e. All street frontage improvements and landscaping along E. Victory Rd shall be constructed with phase 1 of the development. £ This development shall provide no less than 37,842 square feet, or 11.82% of qualified open space. DEVELOPMENTAGAEFMFNT—TEAKWOOD PLACF SUBDIVISION(H-2O20-0006) P.AG17 3 of 8 Page 289 Item#13. g. The emergency access on Lot 1,Block 2 shall be constructed prior to any issuance of Certificate of Occupancy. I All homes constructed in this subdivision shall be constructed with slab-on-grade _ foundations instead of with crawl spaces. i. All stormwater detention facilities shall be designed to completely drain within a 12- hour period. 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 Owner and/or Developer that is not cured after notice as described in Section 7.2, Owner and/or Developer shall be decmed to have consented to modification of this Agreement and de- annexation and reversal of the zoning designations described herein, solely against the offending portion of Property and upon City's compliance with all applicable laws, ordinances and rules, including any applicable provisions of Idaho Code §§ 67-6509 and 67-6511. Owner 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 Owner 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 Owner 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. DEVELOPMENT AGREEMENT—TEAKWOOD PLACE SuBDTvisIoN(H-2020-0006) PAGE 4 OF 8 Page 290 Item#13. 7.5 Waiver. A waiver by City of any default by Owner 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: Owner 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 Owner 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 Owner and/or Developer agree to provide, if required by the City. 12, CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed,completed,and accepted by the City, 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 Owner and/or Developer agree to abide by all ordinances of the City of Meridian unless otherwise provided by this Agreement. 14. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: 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 DEVELOPMENT AGREEMENT—TEAKwooD PLACE SUBDIVISION(H-2020-0006) PAGE 5 OF 8 Page 291 Item#13. OWNERS: DEVELOPER: Charles and Vickie Richardson Bruce Hessing, HessComm Corp. 1835 E. Victory Road 6700 Linder Road Meridian, ID 83646 Meridian., ID 83646 14.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement,the prevailing party shall be entitled,in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term,condition and provision hereof,and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owner and/or Developer,each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any wayprevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed, City agrees,upon written request of Owner and/or Developer,to execute appropriate and recordable evidence of termination of this Agreement if City,in its sole and reasonable discretion,had determined that Owner and/or Developer have fully performed their obligations under this Agreement. 19. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided,each party shall act reasonably in giving any consent,approval,or taking any other action under this Agreement. 20. COOPERATION OF THE PARTIES: In the event of any legal or equitable action or other proceeding instituted by any third party (including a governmental entity or official) challenging the validity of any provision in this Agreement, the parties agree to cooperate in defending such action or proceeding. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owner and/or Developer and City relative to the subject matter hereof,and there are no promises,agreements,conditions or understanding,either oral or written, express or implied, between Owner and/or Developer and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or DEVELOPMENT ACREEMENT—TEAKWOOD PLACE SUBDIVISION(H-2020-0006) PAGE 6 OF 8 Page 292 Item#13. addition to this Agreement shaII 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 bearing(s)in accordance with the notice provisions provided far a zoning designation and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT:This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. (end of text;signatures,acknowledgements,and Exhibits A and B follow] ACKNOWLEDGMENTS IN WITNESS WHEREOF,the parties have herein executed this agreement and made it effective as hereinabove provided. OWNERS: DEVELOPER: Hesscomm Corp. Chimes Richardson By:Bruce Hessing4� Its: , � e�rc�.e 4f !�Zl- Wickiea son CITY OF MERIDIAN ATTEST: By: Mayor Robert E. Simison Chris Johnson,City Clerk DEvo.oPMENT AcREHMENT-TEAKwaoD PLACE SUBDPaSION(H-2020-0006) PAGE 7 op 8 Page 293 STATE OF Idaho ) ss: County of Ada y } On this I day f l 2020,before me,the undersigned,a Notary Public in and for said State, ersonally appeared Charles Richardson]mown or identified tome to be the person who signed above and acknowledged me that he executed the same. IN WITNESS WHEREOF,I have hereunto set my hand and atfixed My afTciak seal today and year in this i,t L] O ertificate OOT ,k +,� Notary Public or 0�. ' NOTARY r'UBU(L Residing at: u; (r a7 A.'r.'.. OF IDAHO My Commission E pires: SUP tiJ TATE O id 55: ;j of Ada } On this �� daya 2020,before me,the undersigned,a Notary Public in and far said State, ersonally appeared Vickie Richardson known or identified to me to be the person who signed above and acknowledged o me that eecuted the same. _r NESS WHEREOF,I have hereunto set my hand and a €d-tfiy official seal the ay and year in this certificate first above ri e . PAMELA DRAPER COMMISSION #27738 Notary Publi r NOTARY PUBLIC Residing at: STATE OF IDAHO My Commission Ex Tres: S ) ss: County of Ada } On this V".day of'DICEMA 2020,beturc me,the undersi ed,a Notary Public in and for said State, personally appeared Bruce Ressing known or identified to me to be r +- ofHesscomm Corp.,and the person who signed above and acknowledged to me that he executed the same. IN WITNESS WHEREOF,i� hereunto set my hand and affixed my official seal the day and year in this certificate:first above written. �as�A5 �aJ9"'s �y �Q Uf a fl Notary Public fOr _ $']1� a Residing at: l'UY) My Commission Expires: 02 d2� STATE OF IDAH0 County of Ada ) '9'tttt3134'`� On this 5th day n, anuary 2021 before me,allotary Public,personally appeared Robert E. Shnison and Chris Johnson,known or identified to me to be the Mayor and Clerk,respectively,ofthe 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. Notary Public id4hi Residing at: enaan, Idaho Commission expires' 3-28-2022 PAGE 8 OF 8 Page 294 Item#13. XHIBIT A EXHIBIT DESCRIPTION FOR TEAKWOOD PLACE SUBDIVISION ANNEXATION A parcel of land located in the NW 114 of the NW 114 of Section 29,73N.,R.1 E., B.M„Ada County,Idaho more particularly described as follows: Commencing at the NW corner of said Section 29 from which the N114 corner of said Section 29 bears North 89°59'41"East, 2,680.68 feet; thence along the North boundary line of said Section 29 North 89°59'41"East, 620.22 feet to the REAL POINT OF BEGINNING; thence continuing along said North boundary line North 89°59'41"East,328.84 feet to a point on the approximate centerline of Eight Mile Lateral; thence along the approximate centerline of Eight Mile Lateral the following 2 courses and distances: thence leaving said North boundary line South 04°36'20"East,80.22 feet; thence South 39°10'20"East,71.96 feet, thence leaving said centerline South 00°11'29" East,781.92 feet to a point on the northeasterly boundary line of Tuscany Lakes Subdivision No.2 as filed in Book 94 of Plats at Pages 11,351 through 11,354,records of Ada County, Idaho; thence along said northeasterly boundary line North 73'13'33"West,420.37 feet to the northerly most corner of said Tuscany Lakes Subdivision No.2; thence along the East boundary fine of Tradewinds Subdivision No. 1 as filed in Book 106 of Plats at Pages 14,594 through 14,596,records of Ada County,Idaho and the southerly extension thereof North 00°11'26"West,263,65 feet to the NE corner of Lot 6, Block 2 of said Tradewinds Subdivision No. 1, said point also being on the South boundary line of Lot 5, Block 2 of said Tradewinds Subdivision No. 1; thence along said South boundary line North 89°59'41"East,21.79 feet; thence along the East boundary line of said Tradewinds Subdivision No. 1 and the northerly extension thereof North 00"11'29"West,532.67 feet to the REAL POINT OF BEGINNING. Containing 327,836 square feet or 7.53 acres, more or less. WS �sG ch a 772 �i 2�251t�2`'o OF: 4Y G.C Teakwood Place Subdivision H-2020-0006 Page 295 Item#13. XHIBIT A E, VICTORY RD, BASIS OF BEARING 5.19 5.20 S89'59'41"W 2680.68' 1/'4 S_20 5.30 5.29 620.22' N89'59'41"E 328.84' '�7-31-6-52' 'g,29 I I �RPDB `-�------_ � I S4'36'20"E BLOCK 1 80,22' � 0 O ` S39'10'20"E s 71.96' I \ QC IN I I� II[I � I N BLOCK 2 ly I O 1835 E, VICTORY RD. I I a 327836 s.f. � 7.53 0.c. 4— —-� EL 1 'o m Q I I i vs—� Ip a n I tm a Fm 6 o I t N69'59'41'£ NS QG�pG I 21.79' a 7729 O `a Nr Zj75�h;�O�o I � II a ' 9rB OF� ti©P 4i I I L~� YG.CAS I it © ,N m �4 S m u+ � Q U O 1I1 I I r $LOC r � � k 1 �`� TU'3 NY �� i3 CR C-]24 JOB RO. IDAHO EXHIBIT _ DRAWING FOR a-�u SURVEY 9999h'EMERhL a1 TEAKWOOD PLACE SUBDIVISION ANNEXATION �' "� BOfBF_�AhN�0.]��d r,:odJ d46.0]fC , LLC LCCATEO+M THE Nw Al OF THE NW X OF SCuMN x9,T.A.,RAE..O.M.. DATE GROUP IBA COUNTY,1O MO 2/26/02O Teakwood Place Subdivision H-2020-0006 Page 296 ttem#13. EXHIBIT B CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW � E AND DECISION DECISION & ORDER In the Matter of the Request for Annexation& 'Zoning of 7.35 acres of land with an R-8 zoning district and Preliminary Plat consisting of 22 building lots and 4 common lots for Teakwood Place Subdivision, by Hesscomm,Corp. Case No(s). H-2024-0006 For the City Council Hearing Date of: November 17, 2020(Findings oil December 1,2020) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of November 17.2020, incorporated by reference) ?, Process Facts(see attached Staff Report for the hearing date of November 17,2020, incorporated by reference) 3. Application and Property Facts(see attached Staff Report for the hearing date of November 17, 2020, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of November 17,2020. incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the"Local Land Use Planning Act of 1975,"codified at Chapter 65,Title 67, Idaho Code (1.C. §67-6503). 2. The Meridian City Cowie iI takes judicial notice of its Unified Development Code codified as Title l 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 § I I-5A. 4: Due consideration has been given to the commerlt(s)received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval.are imposed. h. That the City has granted an order of approval in accordance with this Decision,which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant,the Community Development Department, the Public Works Department and any affected party requesting notice. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(TEAKWOOD PLACE SUBDIVISION—FILE#H-2020-0006) -I- Page 297 Item#13. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of November 17,2020, 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-SA and based upon the above and foregoing Findings of Fact which are herein adopted,it is hereby ordered that: 1. The applicant's request for Annexation and Zoning and Preliminary Plat is hereby approved per the conditions of approval in the Staff Report for the hearing date of November 17,2020, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat,combined preliminary and final plat,or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two(2)years of the approval of the preliminary plat or the combined preliminary and final plat or short plat(UDC 11-613-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two(2)years,may be considered for final approval without resubmission for preliminary plat approval(UDC 11-6B-7B). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A,the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two(2)years. Additional time extensions up to two(2)years as determined and approved by the City Council may be granted. With all extensions,the Director or City Council may require the preliminary plat,combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension,the property shall be required to go through the platting procedure again(UDC 11- 6B-7C). Notice of Conditional Use Permit Duration Please take notice that the conditional use permit,when granted, shall be valid for a maximum period of two(2)years unless otherwise approved by the City. During this time,the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting,the final plat must be signed by the City Engineer within this two(2)year period. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-5B-6.G.1,the Director may authorize a single extension of the time to commence the use not to exceed one(1)two(2)year period. Additional time extensions up to two(2)years as FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(TEAKWOOD PLACE SUBDIVISION—FILE#H-2020-0006) -2- Page 298 Item#13. determined and approved by the City Council may be granted. With all extensions,the Director or City Council may require the conditional use comply with the current provisions of Meridian City Code Title 11(UDC 11-513-6F). 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 67-651IA. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved,said development agreement shall be signed by the property owner(s)and returned to the city within six(6)months of the city council granting the modification. A modification to the development agreement may be initiated prior to signature of the 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. 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 November 17,2020 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(TEAKWOOD PLACE SUBDIVISION—FILE#H-2020-0006) -3- Page 299 Item#12. By action of the City Council at its regular meeting held on the 1 St day of December 2020. COUNCIL PRESIDENT TREG BERNT VOTED COUNCIL VICE PRESIDENT BRAD HOAGLUN VOTED COUNCIL MEMBER JESSICA PERREAULT VOTED COUNCIL MEMBER LUKE CAVENER VOTED COUNCIL MEMBER JOE BORTON VOTED COUNCIL MEMBER LIZ STRADER VOTED MAYOR ROBERT E. 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: 12-1-2020 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(TEAKWOOD PLACE SUBDIVISION—FILE#H-2020-0006) -4 Page 124 Item#13. EXHI BIT A STAFF REPORT E IDIAN�--- COMMUNITY DEVELOPMENT DEPARTMENT HEARING l 1/17/2020 - Legend DATE: Project Location TO: Mayor&City Council - FROM: Joe Dodson,Associate Planner ` ` 1 Bruce Freckletan, Development e 9 . Services Manager {` _ y. L� - . 208-987-2211 - F SUBJECT: H-2020-0006 -.7 '^ TL Teakwood Place Subdivision - 7. i Ft� LOCATION: The site is located at 1835 E. Victory «` Road, approximately ''/4 mile east of S. Locust Grove Road,in the NW '/4 of the „f:_t NW '/4 of Section 29,Township 3N., Range 1 E. I. PROJECT DESCRIPTION Annexation &zoning of 7.35 acres of land with an R-8 zoning district and preliminary plat consisting of n 22 building lots and 4 common lots,by Hesscornm Corp. II. SUMMARY OF REPORT NOTE: This project was continued by Planning and Zoning Commission on May 7. 2020 to the date of June 4. 2020. Prior to that meeting, the Applicant requested a continttance to afuture date to have more time to address issues presented at the Commission meeting and bl, aft:Staff has received dundep4im whew the This protect was heard by the Planning and Zoning Commission on 711612020 and the Commission recommended denial of'the project to the Meridian City Council. Following this recommendation, the Applicant made a request to the City Council to be remanded hack to P&Z with a revised plat and open space pursuant to comments made within this sta}f report and by Commissioners. The Citk Council agreed with this request and remanded the project hack to P&Z The main changes made b_v the Applicant following the reconamendatian of'denial are related to the open space configuration and the removal of the Victo►v Road access for the existing home. Both topics are discussed and analyzed below in subsequent sections. A. Project Summary Description ❑etails Page Acreage 7.35 acres Future Land Use Designation Medium Density Residential Page l Page 301 Item#13. Descri tion Details I'.ug,e Existing Land Use(s) Residential and Agricultural. Proposed Land Use(s) Residential Lots(#and type;bldg./common) 32 26 total lots-2$22 single-family residential:4 common lots. Phasing Plan(#of phases) Proposed as twe (2)phases one(l)phase. Number of Residential Units(type 2-922 single-family units(including existing home). of units) Density(grass&net) Cross-3:45 2.99 dulac.;Net-5-64 4.77 du/ac. Open Space(acres,total 52,737 393589-45,560 square feet,or 4-24-4J� 1.05 acres Further [%]/buffer/qualified) (42,"Y�- 3 7_84 2 square Feet qualified open space; analysis pg. approximately 13:431809 1.1.82%) 7&S. Amenities _-she,Affl on the_ -Water feature with seating area. Physical Features(waterways, Fighrirtile Creek runs along the northeast corner of the hazards. flood plain,hillside) property. Neighbor1100d meeting date; #of Oct.30,2019-6 attendees, attendees: History(previous approvals) NIA B. Community Metrics Description Details Page Ada County Highway District • Staffreport(ycslno) Yes • Requires ACHD Commission No Action es/no) Access(Arterial/Collectors/State Access is proposed via extension of a local street from the Hw_ylLocal)(Existing and Proposed) west(E. Fathom St.).The existing home is requesting to maintain its access onto E. Victory Road,an arterial.An emergency access is proposed on the western boundary from E. Fathom St.to E. Victory Rd. Traffic Level of Service "F" Stub StreetllnterconnectivitylCross This subdivision's main access is from an existing stub Access street(E. Fathom St.)and is proposing a new stub street to the east for future development and future connectivity. Existing Road Network No Existing Arterial Sidewalks 1 None Buffers Proposed Road Improvements None Distance to nearest City Park{+ 1.6 miles to Renaissanec Park(6.5 acres) size) Fire Service ■ Distance to Fire Station 1.3 miles from Fire Station#4 • Fine Response Time 3:00 minutes under ideal conditions(this meets Meridian's Fire response goal time of5 minutes). ■ Resource Reliability Fire Station#4 reliability is 78%. • Risk Identification Risk Factor 2-residential with hazards(open waterway) ■ Accessibility Proposed project meets all required access,road width,and turnaround requirements. Police Service See Agency Comments(Section VIII.D). Page 2 Page 302 Item#13. Description Details Page West Ada School District • Distance(elem, ms,hs) 0.6 miles to Siena Elementary;3.2 miles to Victory Middle School;2.3 miles to Mountain View High School. • Capacity of Schools Siena Elementary—800;Victory Middle—1000;Mountain View—2268. • #of Students Enrolled Siena Elementary—970;Victory Middle— 1085;Mountain View--2237. Wastewater ■ Distance to Sewer Services Directly adjacent ■ Sewer Shed South Black Cat Trunkshed • Estimated Project Sewer See application ERU's ■ WRRF Declining Balance 13.88 • Project Consistent with WW YES Master Plan/Facility Plan Water ■ Distance to Water Services Directly Adjacent • Pressure.Zone 4 • Estimated Project Water Sec application ERU's ■ Water Quality Concerns None • Project Consistent with Water YES Master Plan ■ Impacts/Concerns None COMPASS (Communities in No comments submitted. Motion 2040 2.0) C. Project Area Maps Future Land Use Map Aerial Map Legend Project Location \ .. .. �Praject Location ■ Medium Density. Residential.::• � Ley�; Low Density I� Residential "� .— AM, r . i B 9 i Mu� y f� 1- 1 +!v►Fi ]+ d r l 1J.1 ANN _ Toning Map Planned Development Map Page 3 Page 303 Item#13. r .. . Legend �T 'r '` Legend ■■■ �t Project Loc::i;:r r ) LEI Project Location 4 R-8 R-4 r. f y ; City Limits t : ?s, Planned Parcels 4 R RUT R-$ L-O RL T fir_ i RUT ' IF '` r l[ar ti RUT R-8 ; III. APPLICANT INFORMATION A. Applicant: Bruce Hessing, Hesscomin Corp.—6700 Linder Rd.,Meridian, ID 83646 B. Owner: Charles&Vickie Richardson— 1835 E.Victory Rd.,Meridian, I❑ 83646 C. Representative: Leavitt&Associates Engineers,Inc.— 1324 1"St. South,Nampa ID, 83651 IV. NOTICING Planning& Zoning I City Council I Posting Date Posting Date Newspaper Notification ^I1,�rW202 9/25/2020 10/30/2020 Radius notification mailed to ^""Y '-,- 2 9/23/2020 10/30/2020 properties within 300 feet Site Posting 417402 a 10/1/2020 11/4/2020 Nextdoor posting 4A4/2028 9/23/2020 10/30/2020 V. STAFF ANALYSIS A. Future Land Use Map Designation(https:llwww.meridianci&.orglcompplan) Medium Density Residential—This designation allows for dwelling units at gross densities of three to eight dwelling units per acre. Density bonuses may be considered with the provision of additional public amenities such as a park, school,or land dedicated for public services, The annexation area is near existing public services and not on the periphery of corporate city limits; existing City of Meridian zoning and development lay to its west, north, And south. The proposed land use of single family residential is consistent with the recommended uses in the FL UM designation. The proposed project has a gross density off 2.99 dulac and a net density Page 4 - Page 304 Item#13. gfS.64-4.22 duJac, ►neeting the required density range listed above once the allowed roundigg ocCttrs. T6ter efor e, Stqf Ifinds the purposed prelinzinan'plat and requested R-8 zoning district to be generall},consistent with the Future Land Use Map designation of Medium Density Residential. The City may require a development agreement(DA) in conjunction with an annexation pursuant to Idaho Code section 67-65 11 A. In order to ensure the site develops as proposed with this application,staff recommends a ❑A as a provision of annexation with the provisions included in Section VIII.A 1. The DA is required to be signed by the property owners)/developer and returned to the City within 6 months of the Council granting the annexation for approval by City Council and subsequent recordation. B. Comprehensive Plan Policies (https;Iltvii,it?.nzeridio?icitl,.oi-glcompplan): (Staff analysis is in italics after the cited policy) "With new subdivision plats, require the design and construction of pathways connections, easy pedestrian and bicycle access to parks, safe routes to schools,and the incorporation of usable open space with quality amenities"(2.02.0 l A). This new subdivision and plat o fers additional pedestrian connection via al tac'hed sidewalks on the proposed local street extensions, and open space, .-•�'�n:y but does not olLer anv new pathway connections at this thne._Instead. the Applicant is rtotiti°proposing an easement for a fittur•e multi-arse pathwav section. The Applicant is proposing open space that is better connected and usable as now proposed. This open space is also proposed with a}inter feature and.seating which is seen as a quality,anmenio!for this developnaerzt. With all of the sidewalk-connections proposed with this small development. Stafl' finds that there will be adequate access to schools and parks for those who choose not to drive. In additional a=.V yg ' Nktff-& r "Establish and maintain levels of service for public facilities and services, including water,sewer, police,transportation, schools, fire, and parks"(3.02.01G).All public utilities are readily available to this project site Clue to the existing subdivision to the nest.ACHD notes the excessive traffic that alreadt,exists on E. Victory Rd and nearby intersections but has also noted in their staff report(see Section V111.11) the lour,number ofestimated vehicle tripc_fi•orn this subdivision ivill not require additional mitigation or road improvements. West Ada School District has offered comments on this project regarding school enrollment ,,. r iop u -Mg tig ,r.,;-i9f4ghial Wier a..a West Ada estimates 22 school age children will reside in this development. However, Staff has received letters from West Ada on more recent proiects and Sienna Elementary and Victory Middle are now shown as overcapacity. Sid is aware of the overall overcrowding issues facing nearby public schools, however, the lmv number ofschool age children expected in this development should be easih,absorbed in the district. School enrollment numbers of the closest schools to this development are listed above in Page 5 - Page 305 Item#13. the Communhy Metrics section of this stqff report-and a table outlining recent historic and macro level data regarding school enrollment is part of the Agenclf Comments of the public record(.see Section MO). "F,rncourage infill development"(3.03.01 E). Tea4-rvood Place Subdivision is on the cusp of'being an infill development by definition. Stafffnds that the already annexed and developed properties residing to the north, west, and south►nake development ref this property a logical and orderly progression of City limits, In addition, all public utilities and services are readily available for this subdivision including planned road improvements at the nearby intersection of E. Victory and S. Locust Grove. "Require all new development to create a site design compatible with surrounding uses through buffering, screening,transitional densities, and other best site design practices"(3.07.01 A). The site design of this prgject proposes density that niaieh is lower than the subdivision to the west and is ' at the mininzunz densiq-allowed in the underlying FLUM designation a Medium Density Residential. The subdivision to the south is of lower density Zoning(R-4) but the Applicant has proposed lots with a nralority of lot sizes that are more in litre ivith the R-4 zoning district. _ , , Arm Therefore, the revised plat offers a transition f•om existing developments of higher density,to this subdivision and other comyyy zoned parcels. The Applicant has also changed the location of the proposed open space and is now,in the southeast corner of the site and abuts the backyards off' some of the existing homes in Tuscany Lakes. "Reduce the number of existing access points onto arterial streets by using methods such as cross- access agreements,access management, and frontagelbackage roads,and promoting local and collector street connectivity"(6.01.02B).Access into this subdivision is through an existing and developed subdivision (Tradewinds Sub.) via an extension pf'a local street (E. Fathom Street). This will mean one less additional access point err to E. Kictory Road Reads, an arterial streets. & L There ore, the proposed plat is ystqg existing street networks for interconneetivih,and meeting this policy by reducing access points to arterial streets. C. Existing Structures/Site Improvements: There is an existing home on this parcel that is proposed to remain„Htil Phase 2 devek3ps and reside on its own building_lot. In addition to the home,a number of accessory structures and two large barns currently exist. The largest barn that resides towards the southern part of the parcel will be removed upon development of Phase and the pole barn closest to the existing home will remain until Pliase 2 ao o'...w,o.. All structures can be seen on the submitted plat and landscape plans. . Am, .structures that remain on the property must coinply with the dimensional standards of the R-8 gone or be removed. The existing access to Victory,Road is analyiced helow in Section V F- D, Proposed Use Analysis: Detached single-family residential homes with local streets within the development and a new stub street to the east are being proposed. Single-family detached dwellings are listed as a principally permitted use in the R-S zoning district per UDC Table 11-2A-2. Page 6 - Page 306 Item#13. This subdivision is proposed to be developed in*%,n("phases one phase. phase will provide all publie sh-eeis and 24 of the-29 proposed building lots. The existing hom proposed to rernain until Phase 2 developnient and theft afi additional 4 bUildingS WSWill be developed with aecesses onto the local street within the development and not onto H. Victory Rd-. According to the revised plat.Tthe minimum property size in this development is approximately 4-,W 4-484 4,94Q square feet with an average buildable lot size of approximately' 10,318 square feet. In addition,each buildable lot appears to meet the rninimurn street frontage requirements, includin by providing no less than 30 feet of frontage for those lots that front on a curve or cul-de-sac. Therefore,according to the preliminary plat,all lots appear to meet the required UDC dimensional standards for the requested R-8 zoning district. L. Dimensional Standards(UDC 11-2): All proposed lots and public streets appear to meeta4-UDC dimensional standards per the submitted preliminary plat for the requested R-8 zoning.=district. This includes property sizes, required street frontages,and road widths. In addition,all subdivision developments are also required to comply with Subdivision Design and Improvement Standards (UDC 1 1-6C-3)~the pf:opesed revised preliminary plat adheres to the standards therein. F. Access(UDC 11-3A-3): Access is proposed via extension of a local street from the west(E. Fathom St.).The existing home is niaintain its aeoess anto E. Vietery Read,mi af4erial now proposing to take access from this local street. In addition,an emergency access is proposed on the northwestern boundary connecting from E. Victory Rd. south to E. Fathom St. � Met,have ameot F qeeesA d Role the !ow. mber. /'.,.,L..Fr a Pi a hanfe. t � oeie eiws flea!*the e*-mfh*lrceess_does opof el se ofihe t r e of enf, may newr be elosett With the original submittal, the current borne owners (Ihat are 10 remain On the property .follotivigg developmenl)Muested to mainlrlin their access to E. Victota7 Road. This r•eguest tivas not supported by Staff or the Planning&Zoning Commission and was a factor in the Commission's recommendation o0enial to the On,Council. Following this recommendation, the homeovvners agreed to close their access to Victory and instead take accessfrorn E. Fathom Street as recommended by Stahl. The plat has been revised to shon,1his internal access via a 1?- .foot ii4de driyeryay connection. Staff has had conversations with the Meridian Fire Departrrmenl and there is a desire far•this paved access to be.sligigh,wider to accommodate etnetgenci response vehicles if a need were ever to arise. Therefore, Staff is recominendit2g a condition of uproval to amend the plat to shoit,at least a 15-foot wide d_rivelvay conlrection. The Applicant has also proposed an emergency-only access epi6,d-04•.im•.v that canneets E. Fathow St. to E. 1, cloy v Road. E, Fathom! St. is the only access into this development and therelar•e, Stq/f is recorrrrnending a DA provision that the emzergenct'access Page 7 — - Page 307 Item#13. be corzstrzrcted pr7or to any issuance of Cer ti ftcate of Occuparrcv,r0-v,; nx,Ye 1 441,ety this is conunensurate with the condition of approval from the Meridian Fire Depa►-tment(see Section VIII.A1). Access far this subdi►ision must go through the existing local street stub to its west. E. Fathom Street, because it is a lesser classi Lied street than Victory, an arterial street. This is consistent with both Meridian comprehensive plan policies(as outlined above], UDC 11-3A-3, and with CHD district po[icu-An additional factar_of'note is that Victory Road is ab eadyaili�zg as a 3- lane arterial street and eany additional direct trafflic•iA,ould exacerbate[lie problem. The piWosecl de>elopment is projected to generate tninimal peak hour vehicle trips,which shouts that there will be rnininral impact to Locust Grove, the arterial that Tr•adewinds Subdii,ision connects to and subsequently where Teakvi7ood Place would get to an arterial street. Public input has depicted Locust Grove as a busy street during peak hours do to the roadways frtiling north and east of the Locust Grove and Vino),intersection. This intersection is in the ACHD Integrated Fine Year Work Plan to be conurerted to a roundabout and Locust Grove tiifill be widened to free (5)Junes. These two changes will have a cascading effect and increase traffic flows south of this intersection inclutdhig the point of ingresslegress for these two subdivisions.A11 of these factors matter in Stuff supporting the access'f r Teakwood via E. Fathom Street and out to Loci►st Grove. Pedestrian access in the development ivill be via extensions of5-feat attached sidewalks on all local streets. ° niie,.a path kw.,,Mat °•• • ;i fft to 'Tire enrergenc_v access road ii ll also fi.rnction as a pathivak and connects the, sidewalks on the proposed extension of'E. Fathom St. to E. Victon�Road. st-does_neo lae-e ni,u.r ..",1,e on proposer,r•rr'.v.. , ..., rn If the applicant constructs the required ont a improvements aloe .� Victory,Rel. and Prohibits vehicular access to said roadwav in accord 114th UDC 11-3A!3• this pedestrian connection is a valuable addition to the development. .fad sieoi A , o i ee4 „„ t'' a -- - ---- 14A the Moge open'THee--- "- -- - r " e elo -- --- A addition, because the Applicant is adding five feet of landscaping on each side Of the 20 foot 1.t ide emery_eney access, Me area of this common lot counts towards qualified open.space. G. Parking(UDC 11-3C): 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. No parking plan was submitted with the application. One of the revisions made by the applicant is changi►Zg the type of eid-de-sac proposed in the south end of the development. The new plan.shows a larger cul-de-sac that has a 57 foot radites. The Iatger radius turnaround allows an additional 9-feet of_paveinent in the cud-de-sac which then allows on street parking. The perimeter of the cul-de-sac that can be parked on (perimeter minus driveival,curb cuts)is now approximately 200 feet which can accommodate approximately, 8 on street parking spaces. The true amount of cars that could he parked within the cul-de-sac is uuJzolly dependent on the sice of'tJze m1licles being parked. Therefore Staff',estimates are based on general calculations and include the UDC noted parallel parking,space dimension oL23;feet long. Some vehicles may take up more or less that;this value. H. Pathways (UDC IIJA-8): A 10-foot wide multi-use pathway easement is being proposed along Eightmile Creek at the northeast boundary of the subdivision instead of building the actual pathway at this time.itf Page S — Page 308 Item#13. phase.aeeer-d with the Metidian Path%vays Master-Rlafi; its development is Pfflpesed with Phase 2 a the exisiing heme will be fvmeyed in the same The Applicant is proposing this as an easement that is partially located within the irrigation district easement for future development by the City. The logic behind this is two-fold: 1)to minimize the impact to the homeowner who is remaining on the property since the pathway would encroach into their back porch if it were entirely on this subject property and,perhaps more imperative to city code, 2)to not construct a pathway that would lead to nowhere for the foreseeable future since adjacent county property owners have shown little intention on redeveloping in the near future. The applieant the 10 feet multi use pathway be leeated with a 14 feet wide publie pedestf ion c r Bt at4aehed side,alli: , idiin OW EIL-ValEIPF eHt.Sol f is supportive ofpt•ovidirtg an easement that is shared between this properly and the bilgation district to be constructed at a later date. StalLhas spoken with the irrigation district and they are supportive of the easement so long as they have the,space for their 18_L foot iv de access road. The pathway easen_se►tt shall extend_north into landscape httei-ulagg E. Victoa,Road to nrayide Lor connection fi•om the future Eight Mile Pathwav to the sidewalk at Victory Road. Due to contact and space limitations, the easement may be a rrtirtimtrrrz ol 1D'wide, as of setfi orra the trnttlaeastproperry lirre(s). (Ais•will proiride enough additional w4dth ad acent to the irrigation easement to allow for�uture construction Of pathwaii fence, and irrigation access road). The Applicant is shoiWrtg compliance with this on their revised plat. To ensure this small pathway section is built in the li:tture, Staff is t•ecornmending a DA pt•ovision Mat the multi-use patlnvav shall be constructed when the lot with the ezistang home is t edeirelaped or,suhdiOded in the future. [. Sidewalks(UDC 11-3A-17): Five (5)foot attached sidewalks are proposed along all internal local streets, in accord with the standards listed in UDC 11-3A-17.Nonnally, a five-foot wide detached sidewalk is required to be constructed with the required frontage improvements along Victory Road. However,due to there being no sidewalks abutting the site to the east or west along Victory Road and the frontage is less than 300 linear feet, Staff can allow the sidewalk to be attached along the frontage. The Applicant is proposing to construct 7-foot attached sidewalk along the entire Victory Road street frontage with this revised 121at and within ACHD right-of-way. This meets the intent and prescriptive standards of UDC 11_-3A-17_and ACHD requirements outlined in their staff report. J. Landscaping(UDC 11-3B): A 25-foot wide street buffer is required adjacent to E. Victory Rd., an arterial street, landscaped per the standards listed in UDC I 1-3B-7C. A 25-foot wide landscape buffer easement eefflffleA lot IS depleted on the plat. eti?-6m . arvif�:.�tr+z lot WWI the-home-criux a-rariiiriirmR),; this common lot also houses the proposed multi use pathway that will run along Hightmile Cr-eek. The eeFreet number-of tFees appeaF it)be shawn on!he submitled landscape plans(see Seeiiati VII,F-) and is proposed with a removal of eight(8) existing trees and to keep five (5)of the existing trees. UDC requires that landscape buffers for residential developments be placed in a common lot owned and maintained by a homeowner's association and also offers Applicants the opportunity to provide the buffer within an easement if the existing home will not be subject to the CC&rs of the subdivision through the Alternative Compliance process.Therefore, Staff is recommending -- - Page 4 - Page 309 Item#13. a condition of approval to place the buffer in a common lot or apply for Alternative Compliance with the Final Plat submittal to place the buffer within an easement. In addition, UDC requires that trees be spaced at a density of one tree per thirty five(35;) linear feet(UDC 11- 3B-7C.2). Because the existing trees that are to remain are bunched together on the site,they do not meet this requirement. Compliance with this code section is required and in order to comply, Staff recommends adding two(2)additional trees to the east half of the landscape buffer.These additional trees.spaced correctly.would add to the buffer and help the Applicant meet the landscaping requirements. Furthermore,landscape buffers are also required to he vegetated with shrubs, lawn, or other vegetative ground cover for at least 70% of the area at the time of plant maturity.with mulch used under and around the plants IUDC 11-3B-5N).The landscape plans do not show compliance with this requirement and should be corrected prior to the City Council heanng. The a1319keant states that the existing and matury Spruce tfeefdgong Victo .Road wo ul d have 1..4,.,re-:.mod in..,.der io c pst- „e-I the f; 'rerneirts with-a „tl :.la Vic4sr-y Road en am,adiaeef4pefe alp :Phepefbte,the A l: H4: veekfeS6%j4 th r Subdivides ifi!he 44,ufe. hands6ap ing is r-equir-ed along al:1 pathways (i neluding mi efe pathways) in accord wi!h flie Pee,ommendfiiC:4y Goufleil r-eEmir-e the fi-7entage at a later-date when this!at r-edeymo� 8' Common open space is required to be landscaped in accord with the standards listed in UDC 11- 3G-3E. The total square footage of common open space should be eer-.eeted i~ the and the required number of trees to demonstrate compliance with UDC standards is shown in the Landscape Calculations table. K. Qualified Open Space(UDC 11-3G): A minimum of 10%qualified open space meeting the standards listed in UDC 1 I-3G-3B is required. Based on the proposed plat of 7.35 acres,a minimum of 0.74 acres of cone non open space should he provided. According to the Applicant's provided open space exhibit(Exhibit VII.D), the Applicant is proposing approximately 52,q3 7.3�88-45,560 square feet rer '.21 °t�'M=er'of open space (or- '6 A?.i'! ^{0='with 37,942 square feet(or 1 1.82%°overall)of this area shown as qualified open space. The qualified open space consistsine of ,common lots with open space,and half of the arterial street buffer to E, Victory Rd. The pplican 's open ° The open space is primarily_proposed as two common open lots with one residing in the very southeast corner of the site and one more centralized but smaller lot that contains the required amenity. The open space is to be available at the time of development as the project is no longer being phased. across both phases with most provided in Phase 1 However, Staff notes!hat(he open space ealetilation appears to dupheate area " F J include !he paved emeFgeney iteeess and does not remove the paved area ft-em etii de sae 04 Page 10 Page 310 Item#13. dr fiet e tim 4r.wa fds space,any open q ualifyinor- o4-. The ua]ified open s ace is comprised of three (3)common lots (Lot 1 Block 2, Lot 7 Black 2, and Lot l I Block 1)that are 4,410, 7-,-7-0514,012 (including the temporary turnaround), and 20,555 square feet in size, respectively. Ali lots appear to meet UDC requirements to count towards qualified open space. The less Followinz the Commission meeting and the issues that were presenter, the Apl)licalzt revised the Qpen space to address Stal�'co�nnzents regarding the temporary turnaround lot and the lack of corm► oily o0he open space. The A plicant has now reco►7figured the building loll to allots jbr common open space to connect fi-om the cul-de-sac in the south of'the property to the►seiv east- west stub street while also inemporating a tnicro patlnvgy connection on this lot. StatLf ids that this pen space confi-gyration better connects the two main open space lots'within the developrttent. r'r1're'.n eg"llive-th?m,the Rdidetwl-cvi i5. 12►,ek t iwo of ri, oven Ltm � to Thfie, „ki. ..�r, this ►w li- .►1.ven Sta rncls that the prqposed open s ace meets the►ninimunr requirements- u the qualified Open spoee qualt Page 1 i Page 311 Item#13. �: flM Ohe usable open space and Men pfoitid-e&W;vA a rMsed open spa L. Qualified Site Amenities (UDC 11-3G): Based on the area of the proposed plat(7.35 acres),a minimum of one(1)qualified site amenity is required to be provided per the standards listed in UDC 11-3G-3C. The .,.pli,ant has BEA proposed ene (1)qualified amenit�-I,a 10 feet mmki use pathway.This amenity meats does f164 The Applicant has proposed one (1)qualifying site amenity_ within the central open space lot,a water feature with benches around it.The Applicant is also proposing a micro-path through this open space lot to increase pedestrian connectivity between the open space Iots despite it not counting as a qualified amenity. Staff appreciates this added connection so that everyone in the development has easy sidewalk access to the water feature and seating area. �.: ...1. WaFsept as trill, ____ , M, Waterways(UDC" 11-3A-6); The Eightmile Creek is a protected waterway and runs along the northeast corner boundary of this development but is not on the subject parcel. The applicant is proposing to add a I0-foot multi- use pathway easement both outside of its easement and partially within it as pyojee .�a future extension of the multi-use pathway system. Because Eightmile Creek is not on this site,there can be no requirement to tile the waterway. In addition. Eightmile Creek is a protected waterway,it and must remain open regardless. with deve'opment of this site. No N. Fencing(UDC 11-3.4-6, 11-3A-7): All fencing is required to comply with the standards listed in UDC I I-3A-7. Fencing is proposed as shown on the landscape plan and appears to meet UDC requirements. shall be e0ffegted per the EOF468HS 1 i5ted iH thili Stag f epeA(See See6an V111.3) fer-4he lots abut4iRg then '_ - pathway. in addition, open vision fencing along the proposed pathway facing Eightmile Creel( naeefoRiaoopen spaeeed Q. Building Elevations(UDC I1-3A-19 1 Architectural Standards Manual): The Applicant has submitted sample elevations of the single-family homes for this project(see Section VILE). The single-family homes are depicted as mostly single-story structures with a variety of finish materials with stone, stucco,and lap-siding combinations. Some homes depict extra-large spaces for at-home RV storage. All single-family homes appear to meet design and architectural standards. Page 1 Page 312 Item#13. Vl. DECISION A. Staff: Staff reconunends approval of the requested annexation and zoning with the requirement of a Development Agreement and approval of the requested preliminary plat with the conditions noted in Section VI1I.A per the findings in Section IX of this staff report. B. The Meridian Planning&Zoning Commission heard these items on October 15, 2020. At the public hearing,the Commission moved to recommend approval of the subiect Annexation and Zoning and Preliminary Plat requests. 1. Summary of Commission public hearing_ a. In favor: Dan Lardie,P_roLect Engineer h. In opposition: Sandy Blaser. neighbor. c, Commenting: Dan Lardie; Sandy Blaser d. Written testimony: All written testimony was meant for older hearing dates but highlighted the similar issues of the proposed access point through Tradewinds hei st of homes abutting Tradewinds,and site drainage concerns. e. Staff presenting application: Joseph Dodson f. Other Staff commenting on application: None 2_ Key issues)pt public testimony: a. Concerns over increased traffic through the singular access through Tradewinds subdivision; h. Height of hoynes adjacent to Tradewinds; and C. Site drainage issues due to high aroundwatcr. 3. Key issue(s) of discussion by Commission: a. The changes since the previous hearing are appreciated in that they show a commitment to listening to the required changes and.concerns of both Staff and Commission, b. How will the elevations shown fit onto the proposed lots--concern over if they will be what actually gets built; C. Commission is concerned with the viability of the aoundwater numbers and hope new numbers can be obtained—Staff received new data from the Applicant that has resulted in the Land.Development team updating their conditions of approval to accommodate higher groundwater see condition V Ill.B.1.2• f�_ Commission changes]to Staff recommendation: a. None 5. Outstanding issue(s) for City Council: a. Applicant has not pray& updated elevations per the request of the Commission. C. City Council: The Meridian_City Council heard these.items on November 1I,�— Atth-e,—Xb c hearing,the Ca_unci1 moved to approve the subject Annexation and Zoning and Preliminau Plat requests. I. S3amrt7ary of the City Council public hearing: a. Ufa ox:. athw_Portc_r,_i�ieet_En—&-wr lz In gppQsiti❑n:Nom �mmentints:l�lh�P�rtex W_ritten ltst pn T �iecg&n�ttcn_t tes- -ae-s ite d�cus the lame ias=PM$ nted dwj-ng tshc-Rk ' m-and-Zoning-Qu,rais mwDs irw,-nRLgdAbom, SLiff pre mwigAnplieation:JDz;R Q&or6_A S QL lat a planner f, 9tbLer Stiff commentrion ap i Sim Bruce Freckleton: Bill Nark, 2. Key_issue(s �ulie testimony_: Page 13 Page 313 Item#13. a� None I _Key issue(s)of discussion by City,Council_ Ther9tnts�z �nraiedth�_P__i_arrnirtCaninQmmisin_a well as the aeugh o d'ng subdivision re,sidents, how do e dated groundwater num ffs-aftect the subject application and futurc construction of the homes; b. The-more technical aspects of the stew!Me of starmwater retention basin in_comparison to th�reviQ4q""p sad subterranean c of retenti❑n pond �, Th��r�V�1��atiQn�f�er,�g�__ascsi_�ide�a11�4�¢Victot��a�tta�h�d�z�t� ie-t ac xt-Qf 5taf-s-aH9wauce far the sUm Wk Q_be axluUd_—AC HD -plans to construct the sidewalk as-part of the scheduled roundabout improvements at the i �ersection of t pave d Y to i _�icoion-of sWmW Lw-RI-br�couranwted with that.prqiect.andn+Qby th�An l d_ Whethor the-u,mitted elevations will be what is general]V C�nstructcd-and_r��ere n� new-eleyations-submitted per-h =The_Appiieant_statcd to su$t�itt "l y on c_accut emend rya nee_tn Y nr -o_f_ft.gara 4 _s rcm_Qy�b W are Menerally the materials and style of homes that will be constructed. e. Will any irrigahotLtWnaus thrnughh.ft-site.oracrmthc_aitc.hc.disturb; —Annlicantslium no existing irrigation will be disturb 4. council change(s)to Commission recommendation: a, Add.a DA�rovisiQnthat allf�t�ar�hQxaess�f_this��bdi►Li�iQn 1�e�ansct�ctcd�ith�lab_an gra&e founti9ns, 12 Ad-d�PA.px��i�on th�t�i.�n�nyv_atc�dtati�n_fa�itie�.b��esi.��io�9�t�l�tel�r.drair� x+i_thin a-l�haur nexis�l: Add cvndition of�a royal that the Applicant and Staff:at the time of Final Plat submittal. work together t�d�tenait-�e_th�be�t�our_s�ofiar��he req�ix�cl-sd�alk�Lox�t1� Yictoa Road frQota —fie. cn5 P,,iLc 14 Page 314 Item#13. YII. EXHIBITS A. Annexation Legal Description and Exhibit Map EXHIBIT DESCRIPTION FOR TEAKWOOD PLACE SUBDIVISION ANNEXATION A parcel of land located in the NW 114 of the NW 114 of Section 29,T.3N.,R.1E., B.M.,Ada County, Idaho more particularly described as follows: Commencing at the NW comer of said Section 29 from which the N114 comer of said Section 29 bears North 89°59'41"East,2,680.68 feet; thence along the North boundary line of said Section 29 North 89°59'41"East, 620.22 feet to the REAL POINT OF BEGINNING; thence continuing along said North boundary line North 89'59'41"East.328.84 feet to a point on the approximate centerline of Eight Mile Lateral; thence along the approximate centerline of Eight Mile Lateral the following 2 courses and distances: thence leaving said North boundary line South 04°36'20"East,80.22 feet; thence South 39°10'20"East,71.96 feet; thence leaving said centerline South 00'11'29"East,781.92 feet to a point on the northeasterly boundary line of Tuscany Lakes Subdivision No.2 as filed in Book 94 of Plats at Pages 11,351 through 11,364, records of Ada County, Idaho; thence along said northeasterly boundary line North 7Y1333"West,420.37 feet to the northerly most corner of said Tuscany Lakes Subdivision No.2; thence along the East boundary line of Tradewinds Subdivision No. 1 as filed in Book 106 of Plats at Pages 14,594 through 14,596, records of Ada County, Idaho and the southerly extension thereof North 00'1 T26"West, 263.65 feet to the NE corner of Lot 6, Block 2 of said Tradewinds Subdivision No. 1,said point also being on the South boundary line of Lot 5, Block 2 of said Tradewinds Subdivision No. 1; thence along said South boundary line North 89°59'41"East, 21.79 feet; thence along the East boundary line of said Tradewinds Subdivision No. 1 and the northerly extension thereof North 00'11'29"West, 532.67 feet to the REAL POINT OF BEGINNING. Containing 327.836 square feet or 7.53 acres,more or less. ENS 'pG a. 7729 sy,7�2S1t°2`a OF Page 15 Page 315 Item#13. E. V1CTpRY Rp, BASIS OF BEARING S.19�S209 S89-59'41"W 2680.68' T� f� /4 #S.26 S.30 B2O.22' N 959'41 E 328.8b' 1711,62' �1r' g.2g RPOB I I 54'3fi'24'E BLOCK 1 80.22' ��c I h� • k S39'10'20'E 'p s - 71.96' I 9� � I 1tp Ihy BLOCK 2 1835 E. VICTORY RD. � I 377836 W ` 7.53 a.G. a a3 I z Im w � a a � L4*a I Jv s` 21,79 Q '] d Ilcl — z a- 7 129 ; I s I 9 I! W g w cn i < U o ; 4 o�K rr -� I 1 vr3js� I �-+S�qM r ® 33'►t'a� � IpkFSsue. I ��,•Na 2g Me 4P. IDAHO EXHIBIT __ DRAWING FOR -ix+ SURVEY , ..,J TEAKWOOD PLACE SUDDIVISION ANNEXATION 'N° GROUP, L LC WGATM w rAE NW X OF rHF nw f SCCnLN 29. T.SN_- 9.Y.. 1wG DA F ADA AH0 2/79/707✓7 Page 16 Page 316 Item#13. B. Preliminary Plat(date: 3/25�20206,12 24N 8/12/2020) vroa aawn�aver H iAylLMs A�IfI ]C-SDII �r UAW,ivanf.s osvel N01 COOA f15 'v'-I _ -- "-;•F 3� d QOQMN413�t nol5inlu91�s37Y13uaQMllYii RRAVI OSSW 1.3 1A S3�b'IaOS91�$1J IAg3l � S•- ! j'P 13 ' �•7ti's F _B;4 a P'��,y'n,a:��1.�'[�9_4'v.h S��ki�i t�t� ,�'�'n r 4,.� . { _'�:� C � Fr !� .$.i p f, ��. :i��_•¢- -- -.�,._k - - - b' �,i! .€ �. ��'. _ P'�'P p. El�ik��j'r'qv � p 4 d��iH.� �'� �i F.� B 1ti�� - �rt•qy[ 3• pp f f f m J 11a-,i X fir. �W •.p,,,�f :,.�..:`-. '__ 3 bra: ILI 1-71 f 71 ; - P-1 �v� l l - W u �-1D � 1-4 f `� c 4 mot _ IF i.' --- 1 41 5yymi r.•x�....i t � �4 p�r�i �1�� s h ' - °°°•°ro•sw.�n�'c ow`k 1°sd 1 - �E - r Page 17 Page 317 Item#13. � bOPk 4i P+q[ �OASY f U*QK olxe no R S�� OgaK YY aAr��Aaa Lqv ave.A R� F w 3 I s ty fiM 1• u I ecia Y O 'er m mm R+] 1� .,IP a1! G nr •a!�1 Al • � �s SSS444 � M•w`I - 4,6 al a! -- Page 18 Page 318 Item#13. C. Landscape Plans(date: 1�23/2020 6/25/2020 W 1 3 nrnn 10/29/2020) tj I I oA��xyyy s r I pis aka a �y I g g I iilei F+ r�Y 4 U] I' �i i I � I �• �.�� ea� Q rn 0 0 1 rya r I .ilk �m II ��1 M. An — I I ez,r, �,I } a I r r � 77 Page 19 Page 319 Item#13. •>mm to 1 I a 3� I It V 0 a o m 1 1 rya a x :III-- ., x f i T M1 en x _ - C] •� i`ice•. ._�. ��. �f ,1 Y Aa °p I � 7 Y ��F� .. •S 2�' � ffi �� ii�� IG`� 'r GO tit [flow 4 �y' =3. -s ••; LCAVITT&ASSOCIATES EAMWOW RACE SI1MUM �. - ENGINEER$•INC. TEAHW000 PLACE 1)6ELOPMEVT EXHIBIT - r_t xra�cruuai'crvu IwscerwMonar. :: ,E surrvarrxu N G.� mrt w.em.m M1'Mox I.jMtWA 1jDAO ME�GIN,b B`.NMfi RENSIOVS PH�xR I��I»q�-�P:� axe.-tt� Page 20 Page 320 Item#13. and iI PLANT acHEDLLE TT•� NMOaLAWIMOVE'NLwry IiDU'R-P.A':O11J1�L LIa =L;*� LANDSCAPE NOTES f, w;31.�r.�,. •+.�.,.- wo w = ym _ W r��:'w ry .......r...•.�_T..�_..r._...�. Y�LrMw re.-Ymas •�9.ai. rx i�®..ai Sri�i•,il�r�°�ir'ir�ia"`'"nnae"`inA o -. . .. _f_�..._ •••_•••• �V pKCr74G1fl,ner pVnlNxi llKlu= Ri^WMVW 6Ti FIAKE o[LUM Page 21 Page 321 Item#13. D. Open Space Exhibit(date: 24/2020 6A g I420 August 2020) _ � �.c �•cc z eea 91w,,,,,�„�,�., xier�x wrr +x_ aanw - ,u s u aaY v�r R f w r ' r �r �a el �NI•E a �S� 11I11��aaa�■ ��l��F ' . � r 3� Page 22 Page 322 Item#13. E. Conceptual Building Elevations s 1� I Page 23 Page 323 Item#13. MEN PW nbc p - r s -� - __.s.a- _ v VIII. CITY/AGENCY COMMENTS& CONDITIONS A. PLANNING DIVISION 1. A Development Agreement(DA) is required as a provision of annexation of this property. Prior to approval of the annexation ordinance, a DA shall be entered into between the City of Meridian,the property owner(s)at the time of annexation ordinance adoption,and the developer. Currently,a fee of$303.00 shall be paid by the Applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the Planning Division within six(6)months of the City Council granting the annexation. The DA shall, at minimum,incorporate the following provisions: a. Future development of this site shall be generally consistent with the preliminary plat, landscape plan, open space exhibit,and conceptual building elevations included in Section VII and the provisions contained herein. subdivision with a new aecess to !he pfoposed extension of E. Fathom Street four additional lots as proposed. c. If the existing home is to remain,the home shall connect to city services upon development. with the first phase of development and access shall be provide i 4eRi a Weal stree4, H. Fathom Street-. d. The existing home shall close its driveway access to E. Victory Rd. and take access from E. Fathom Street with development of the subdivision. e. The future 10-foot multi-use pathway shall be constructed at such time that Lot 2,Block 2 is either redeveloped or subdivided in the future, e fdevelopment in accord with UDC 11-3A-8 and UDC 11-313-12. The Applicant shall submit a public access easement for the future multi-use Page 24 Page 324 Item#13. pathway partially located on Lot 2 Block 2. Submit easements to the Plannin Division for Council approval and subsequent recordation.The easement may be a minimum of ten l 10) feet wide,as offset from the northeast property line(s). Use standard City teLnplate for public access easement. Easement checklist must accompany all easement submittals. Coordinate with Kim Warren from the City of Meridian Parks Department. f. All street frontage improvements and landscaping along E. Victory Rd. shall be constructed with Phase 1 of the development. h. This development shall provide no less than 37,842 square feet, or I t.82%,of qualified open s ace. . those lets r abLitt-ifig am. Vi etofy Road,T residential-LrteriaTl-rVad y N'Osses. stop backs, and pop outs),bays banding r.or fin 1 ai nmes matey-i 1 types of aFe .,r Fn- this ivqtt .,t j. The emergency ernergency access on Lot 1 Block 2 shall be constructed prior to an issuance of Certificate of Occupancy_ k. AlL on=-s-c-onstructed inthis subdivision shall be r nnstr�ct��.��lah-on- grade undatIoiis i«ste--a"f-w-ttb-ct WJ-W=5, -- -- - __ 1. All stormwater detention facilities shall be designed to completely drain within 2- The preliminary plat included in Section VILE, and dated 03,125Qr,2064 i�8/12/2020 prepared by Leavitt Associates Engineers, Inc.,shall be revised as follows prior to submittal of the final plat application. a. ReNise the plat to show !he iempofafy cul de sac on the south side of the proposed E. buildable ufitil stieh fifne as E. Riehardson St. is extended. b. Add a note prohibiting direct lot access via E. Victory Road, Lot 2,Block 2 shall take access from E. Fathom St in accord with UDC 11-3A-3. d. The driveway access for the existing home located on Lot 2, Block 2 shall constnrct said driveway access with a width of at least 15-feet in width. e. Add an additional common lot along Victory Road to contain the required 25- fo_ot wide landscape street buffer or apply for Alternative Compliance with final plat submittal to request the buffer to be within an easement. 3. The Iandscape plan included in Section VILC, and dated 11 QQ'2019 64-15 M20 8/13/2020, shall be revised as follows at least 10 days prior to the City Council hearing: Page 25 Page 325 Item#13. a. 3G :33 E. b. The Landseape Plan shall be coFfeeted to r-efleot open vision f�fieifig along all pathways c. The Landseape plan shall he revised to f-efleet a single phase per-the conditions in this d. Revise the Inandseape Plan to show landic-aping along the emei;geney fteeess read eommEm Wt 5, Bloek I Said Wt shall he developed with a 20 -,.;a_� was F f r and five fie o f landscaping on eaoh 5fEIe in accord with UDC- 1 a 2i_ 12. e. f Revise the landscape plan to show the required frontage improvements along E. Victory Road and within its own common lot'Let 2, Bleek 2.This should include_at least two�� more trees on the eastern half of the buffer and the required vegetative ground cover as required in UDC I1-3B-5N and 11-3B-7. Submit a revised plan (electronic copy)to the Mantling Division at least 10 days prior to the City Council hearing. 4. The Open Space Exhibit included in Section VII.D ska4l be revised as fbllews. is approved as submitted. a. open spaee let. b. Corfeet open spaee calculations to reflect conditions of approval eentained herein regaMing qualified open spaee. remove the area of Lo! 19, Bloek 1 ftem any open space- ,1. lati „dseape plan to shot,:a aualifYine site amenitv on one of the 461, 6. Future development shall be consistent with the minimum dimensional standards listed in UDC Table 1 i-2A-6 for a#the proposed R-8 zoning districts. 7_ Off-street parking is required to be provided in accord with the standards listed in UDC Table 1-3C-6 for single-family detached dwellings based on the number of bedrooms per unit. 8. Any structures that remain on the property must comply with the dimensional standards of the R-8 zone or they must be removed. 9. TbPAmlie_ant_Aali_w_Qrk_v-ith staff to determine the best path forward for the required sidewalk along E ViGtnry Road. Page 26 Page 326 Item#13. B. PUBLIC WORKS 1. Site Specific Conditions of Approval 1.1 The street naming and addressing of any structures proposed to remain,will change to the new naming and addressing with this subdivision. L2 The geotechnical investigative report prepared by SITE Consulting, LLC,dated December 19,2019,and supplemental update dated October 31, 2020,indicates some very specific construction considerations due to soil conditions that result in perched groundwater. The applicant shall be responsible for the adherence of these recommendations to help ensure that groundwater does not become a problem within crawlspaces of homes. Although� the Geotech report indicates that either traditional crawl spaces or slab on grade foundations are acceptable,it is highly recommended that slab on grade foundations be installed within this development to avoid any groundwater intrusion. This is the best way to eliminate the possibility of water accumulation in crawlspaces. 2. General Conditions of Approval 2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet,if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 Per Meridian City Code(MCC), the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-5-5. 2.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way(include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility,or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City ofMeridian's standard Farms. 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 8112"x 11"map with bearings and distances (marked EXHIBIT B) for review, Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted,reviewed,and approved prior to development plan approval. 2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year- round source of water(MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available,a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 2.3 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 Page 27 Page 327 Item#13. per UDC I 1-3A-6. In performing such work,the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. 2.7 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at(208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at(208)334-2190. 2.9 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central.District Health for abandonment procedures and inspections(208)375-5211. 2.9 Street signs are to be in place,sanitary sewer and water system shall be approved and activated,road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded,prior to applying for building permits. 2.10 A letter of credit or cash surety in the amount of 1 10%will be required for all uncompleted fencing, landscaping,amenities,etc.,prior to signature on the final plat. 2.11 All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer,an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 2.12 Applicant shall be required to pay Public Works development plan review,and construction inspection fees,as determined during the plan review process, prior to the issuance of a plan approval letter. 2,13 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.I4 Applicant shall be responsible for application and compliance with any Section 404 Pennitting that may be required by the Army Corps of Engineers. 2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.I6 All grading of the site shall be performed in conformance with MCC 1I-12-3H. 117 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. Page 28 - Page 328 Item#13. 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:llwww.meri d ianc ity.org/pub f i c_works.asp x?i d=2 72. 2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125%of the total construction cost for all incomplete sewer,water and reuse infrastructure prior to final plat signature.This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit,cash deposit or bond.Applicant must file an application for surety,which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 2.23 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20%of the total construction cost for all completed sewer,water and reuse infrastructure for duration of two years.This surety will be verified by a fine item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit,cash deposit or bond.Applicant must file an application for surety,which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. C. FIRE DEPARTMENT https:Ilweblink.Ineridianc4,.vrglWebLinklDocView.aspx?id 183649&dbid=0&repo=MeridianC icr D. POLICE DEPARTMENT haps:12weblink.meridianck .arglWebLinklDocView.aspx?id=184717&dbid=O&Cpa=MeridianC t E. PARK'S DEPARTMENT https:lliveblink.tnemidiancity.o►g1WebLinklDoc Viex,,aspx?id=19.1519&dbid=0&repa=Mer-idialiC Lry F. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID) https:lAveblink,meridiancity.arglWebLirikIDocViexr,aspx?icy 184507&dbid 0&repa=MeridignC Ltv G. CENTRAL DISTRICT HEALTH DEPARTMENT(CDH) https:ll,Afeblit?k.)net-idiai?cite.oiglWebLinklDoc View.aspx?id 184494&dbid=0&repo=Meridian C i t1' H. ADA COUNTY HIGHWAY DISTRICT(ACHD) hugs:llivehlink.meridianetN.omglWebLink/Doc View.aspx?id=185262&dbid=0&repo=Meridian C Page 29 - Page 329 Item#13. 1. WEST DADA SCHOOL DISTRICT(WASD) 1ltips:11weblink.►neridiancity.orglWebLinkJDocView.aspx?id=183904&dbid=O&repo=MeridianC itr, J. COMMUNITY DEVELOPMENT SCHOOL IMPACT REviEw h ttps:ll webl in k.m eri d i an cinl.org1 WebL in klDoc View.aspx?i d=?03 75 7&dhid=O&repo=Meridian C ittr IX. FINDINGS A. Annexation and/or Rezone(UDC 11-513-3E) Required Findings: Upon recommendation from the commission, the council shall make a full investigation and shall,at the public hearing, review the application. In order to grant an annexation and/or rezone,the council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; Council.finds the proposed zoning reap amendment to R-8 and subsequent development is consistent with the Comprehensive Plan. 2. The map amendment complies with the regulations outlined for the proposed districts, specifically the purpose statement; Council finds the proposed zoning map amendment will allow_for the development of single- famili,detached homes, which will contribute to the range ofhousing opportunities available within the City consistent with the Comprehensive Plea and the purpose statement of the residential districts. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; 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 Council,finds the proposed zoning map amendment will not result in an adverse impact on the deliven�of services by an}/political subdivision providing public services within the City. 5. The annexation(as applicable.)is in the best interest of city. Council,finds the proposed annexation meets the minimum requirements but is in the hest interest of the City per the Analysis in Section V and with the conditions of approval contained in Section VIII. B. Preliminary Plat Findings: In consideration of a preliminary plat,combined preliminar►• 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; Council finds that the proposed plat, with ,Stajf's recommendations, is in compliance with the adopted Comprehensive Plan in regard to land use, density, transportation, and pedestrian Page 30 Page 330 Item#13. connectivity. (Please see Comprehensive Plan Policies in Section V of this report for more information.) 2. Public services are available or can be made available and are adequate to accommodate the proposed development; Council finds that public services will he provided to the sul ject proper(y with development. (See Section VIII of the Staff ff Report for-more details,from public service providers) 3. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because City water and sewer and any other utilities will be provided by the development at their m vn cost, Council.finds that the subdivision will not require the expenditure of capital i►nprovelnent f unds. 4. There is public financial capability of supporting services for the proposed development; Council finds there is public financial capability of.supporting services for the proposed detivelopnrent based upon comments fro►n the public service providers(i.e..Police, Fite,ACHD, etc.). (See Section YII far►more in forrrration.) 5. The development will not be detrimental to the public health,safety or general welfare; and, Council is not aware of anv health, safety, or environmental problems associated with the platting of this property- ACHD considers road safety issues in their analtsis and approves of the overall project. 6. The development preserves significant natural,scenic or historic features. Council is unaware ref anv.significant natural, scenic or historic,features that exist on this site that require preserving. Page 31 Page 331