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East Ridge MDA (2020-0096) (Inst.#2018-052339) Termination of First Addendum (Inst.#2019-021791) ADA COUNTY RECORDER Phil McGrane 2021-025636 BOISE IDAHO Pgs=22 KRISTINA LOWRY 02/17/2021 01:51 PM CITY OF MERIDIAN, IDAHO NO FEE ADDENDUM TO DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. C4 Land LLC,Owner 3. G20 LLC, Developer THIS S E C O N D ADDENDUM TO DEVELOPMENT AGREEMENT is dated this16th day of Febraury 2021 ("SECOND ADDENDUM"), by and between City of Meridian, a municipal corporation of the State of Idaho("CITY"),whose address is 33 E.Broadway Avenue,Meridian, Idaho 83642 and C4 Land LLC, whose address is 4824 W. Fairview Ave., Boise, ID 83709 hereinafter called OWNER and G20 LLC, whose address is 4824 W. Fairview Ave., Boise, ID 83709, hereinafter called DEVELOPER. RECITALS A. City and OWNER and/or DEVELOPER entered into that certain Development Agreement that was recorded on June 7,2018 in the real property records of Ada County as Instrument No. 2018-052339 ("DEVELOPMENT AGREEMENT) and Addendum to Development Agreement that was recorded on March 20, 2019 in the real property records of Ada County as Instrument No. 2019-021791 ("ADDENDUM TO DEVELOPMENT AGREEMENT") B. City and OWNER/DEVELOPER now desire to amend the Development Agreement (Instrument no. 2018-052339) and terminate the Addendum to Development Agreement (Instrument no. 2019-021791)with this Second Addendum to Development Agreement which terms have been approved by the Meridian City Council in accordance with Idaho Code § 67-651.1 on November 17,2020. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 1. OWNER/DEVELOPER shall be bound by the terms of the original Development Agreement, except as specifically amended as follows: 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions: a. Except the public street access to E. Lake Hazel Road from East Ridge Avenue, direct lot access to E. Lake Hazel Road, an arterial street, is prohibited in accord with UDC 11-3A-3. b. Future development of this site shall be generally consistent with the preliminary plat and building elevations depicted in Exhibit A of the Staff Report attached to Exhibit"A"to the, Findings of Fact Conclusions of Law and the revisions noted in the staff report. East Ridge—H-2020-0096 Page I �- Item#8. c. The applicant shall comply with the submitted home elevations attached in Exhibit A.4 of the Staff Report attached to Exhibit "A", Findings of Fact Conclusions of Law. The rear and/or side of structures that face arterial or collector streets (Lots 2-5 of Block 1, Lots 55, 56, 59, 60, 63, 64, 67, 68, 71 and 72 of Block 2), shall incorporate articulation through I changes in two or more of the following: modulation e. projections, recesses step- backs, g� ( g• — p j � � p backs, pop-outs), bays, banding, porches, balconies, material types, or other integrated architectural elements to break up monotonous wall planes and roof lines that are visible from the subject public street. Single-story structures are exempt from this requirement. I d. The site shall develop with a minimum of 10.54%open space(4.32 acres) and shall include the following amenities specific to the Village Concept and other amenities that would be for the use of the estate lots as well as the Village concept. The amenities specific to the Village concept include a dog park,water feature and outdoor ramada.Amenities that would be shared by both the estate lots and the Village concept include a neighborhood park that includes a large grassy area, a shade structure and sitting areas. I i e. Timing for the construction of the amenities is proposed as shown on the phasing plan in Exhibit A.2 of the Staff Report attached to Exhibit "B" of the Original Development Agreement,Findings of Fact Conclusions of Law. f. The 5-foot detached sidewalk and 25-foot landscape buffer along E. Lake Hazel Road shall be constructed with the first phase of development. g. All product in the Village area is to be single level with a maximum roof height of 25 feet. h. All product in the Village area is to be age restricted. i. All 6 estate lots to be single level with a maximum roof height of 25 feet. j. Rear Setbacks for Lots 1,2 and 3,Block 3 shall be 45 feet measured from the north property I line. k. Rear Setbacks for Lots 6-23 shall be 45 feet. 1. Side yard setbacks shall be 7.3 feet for homes on the Rim. 2. OWNER and/or DEVELOPER agrees to abide by all ordinances of the City of Meridian that are consistent with the terms of the Development Agreement and the Project Site shall be subject to de-annexation if the DEVELOPER, or their assigns, heirs, or successors shall not meet the conditions of this Addendum as herein provided, and the Ordinances of the City of Meridian that are consistent with the terms of the Development Agreement and this Second Addendum. 3. If any provision of this S e c o n d Addendum is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Second Addendum and the I invalidity thereof shall not affect any of the other provisions contained herein. 4. This Second Addendum sets forth all promises, inducements, agreements, condition, and understandings between OWNER and/or DEVELOPER and City relative to the subject matter herein, and there are no promises, agreements, conditions or under-standing, either oral or written,express or implied, between OWNER and/or DEVELOPER and City, other than as are stated herein.Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Second Addendum shall be binding upon the parties hereto unless reduced in writing and signed by them or East Ridge—H-2020-0096 Page 2 Page 89 Item#8. their successors in interest or their assigns, and pursuant, with the respect to City, to a duly adopted ordinance or resolution of City. 5. Except as herein provided, no condition governing the uses and/or conditions governing development of the subject Project Site herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 6. This Second Addendum shall be effective as of the date herein above written. 7. Except as amended by this S e c o n d Addendum, all terms of the Development Agreement and Addendum to Development Agreement shall remain in full force and effect. ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER: DEVELOPER: C4 Land LLC G20 LLC -4 'A /' / Z AIA Jim D. Co er,Mem6er Jim D. Con r m r CITY OF MERIDIAN ATTEST: By: Mayor Robert E. Simison 2-16-2021 Chris Johnson,City Clerk 2-16-2021 East Ridge—H-2020-0096 Page 3 Page 90 Item#8. STATE OF IDAHO, ) ss County of Ada ) On this day of 'l 202,6, before me,the undersigned, a Notary Public in and for said State, personally appeared Jim D. Congk1r, known or identified to me to be the Member of C4 Land LLC who signed above and acknowledged to me that he executed the same of behalf of said partnership. IN WITNESS WHEREOF,I have hereunto my hand and affixed my official seal the day and year in this certificate first abovi6igitten. eosso w �4i j� •, (SEAL) .�••r • O,rqR••ti��.'•, •191 Y Notary Public for Idaho Residing at: 1p, " UB LlCM�` My Commission Expires: '3•o`1OaZ w •j • NO.2�nll s 1 STATE OFIDAHO, �••,�'QJJ��n�' ,;',V County of Ada ) On this 1�—day of 202fJ�, before me,the undersigned, a Notary Public in and for said State, personally appeared Jim D. Conger, mown or identified to me to be the Member of G20 LLC who signed above and acknowledged to me that he executed the same of behalf of said partnership. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. . ,�• •' 1E L •. (SEAL) ��`�. '•�i ��`�s A�l•�•. .` �' •• Nota►•y ublic for Idaho .• Gs.• '�. '•• s' I IR ecru �� I jAOTAR •,� • �j, � Residing at: r � Y • My Commission Expires: s�PUBLIC, STATE OF IDAHN," :) ••'••�.' •R��•��� �•• •'1'' County of Ada � OF ss ••�,���q p••�•�'•• On this 16th day of February 2021 0, before me, a Notary Public, personally appeared Robert E. Simison and Chris Johnson, know or identified to me to be the Mayor and Clerk, respectively,of the City of Meridian,who 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 for Idaho Residing at: Meridian, Idaho Commission expires: 3-28-2022 East Ridge—H-2020-0096 Page 4 ) EXHIBIT A CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW (:�VE IDIAN:--- AND DECISION&ORDER In the Matter of the Request for Modification to Existing Development Agreement (Inst. #2018-052339) to Change the Lot Configuration and Home Elevations in the R-15 Portion of the Plat, Replacement of Subdivision Amenities, and Termination of the First Addendum (Inst. #2019-021791), by The Conger Group. Case No(s). H-2020-0096 For the City Council Hearing Date of: November 5, 2020 (Findings on November 17,2020) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of November 4, 2020, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of November 4,2020, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of November 4, 2020,incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of November 4, 2020 incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the"Local Land Use Planning Act of 1975,"codified at Chapter 65, Title 67,Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified as Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has,by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 17, 2019,Resolution No. 19-2179 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § I I-5A. 4. Due consideration has been given to the comment(s)received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision,which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant,the Community Development Department,the Public Works Department and any affected party requesting notice. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR EAST RIDGE—H-2020-0096 Page 92 Item#8. 7. That this approval is subject to the terms all in the attached Staff Report for the hearing date of November 4,2020,incorporated by reference. The terms are concluded to be reasonable and the applicant shall meet such requirements. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's request for a modification to the existing Development Agreement(#2018- 052339) and termination of the Addendum(Inst. #2019-021791) is hereby approved per the provisions in the Staff Report for the hearing date of November 4, 2020, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s)and returned to the city within six(6)months of the city council granting the modification. A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six(6)month approval period. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight(28)days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight(28)days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67,Idaho Code. F. Attached: Staff Report for the hearing date of November 4, 2020 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR EAST RIDGE—H-2020-0096 Page 93 By action of the City Council at its regular meeting held on the—17th day of November 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 SIMISON VOTED (TIE BREAKER) Mayor Robert E. Simison Attest: Chris Johnson City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. By: Dated: 11-17-2020 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR EAST RIDGE-H-2020-0096 EXHIBIT A (::�WERI DIAN4,;, COMMUNITY DEVELOPMENT DEPARTMENT HEARING 11/4/2020 Legend DATE: x TO: Mayor&City Council FROM: Alan Tiefenbach,Associate Planner �� } 208-489-0573 , SUBJECT: H-2020-0096 East Ridge-MDA JU , 1 LOCATION: North side of E. Lake Hazel Rd. between 4 S. Locust Grove Rd. and S. Eagle Rd. in L the southeast'/4 of Section 32, Township 3N.,Range IE. r' ' I I I. PROJECT DESCRIPTION Modification to existing Development Agreement(Inst. #2018-052339 to change the lot configuration and home elevations in the R-15 portion of the plat, subdivision amenities, and termination of the first Addendum(Inst. #2019-021791). II. SUMMARY OF REPORT A. Applicant: Sophia Durham, The Conger Group—4824 W. Fairview Ave., Boise ID 83706 B. Owner: C4 Land LLC—PO Box 1610, Eagle ID 83616 C. Representative: Sophia Durham, The Conger Group—4824 W. Fairview Ave.,Boise ID 83706 III. STAFF ANALYSIS History: The subject property is approximately 41 acres and was annexed,zoned to R-4 and R-15 and approved in November of 2017 as the East Ridge Estates Subdivision Preliminary Plat(H-2017-0129). The approved project allows the construction of a residential subdivision consisting of one hundred thirty-nine (139) residential lots and seven (7) common lots. A development agreement (Instrument #2018-052339) was recorded as a condition of approval of the annexation and preliminary plat. This development agreement included conditions such as future development being generally consistent Page 1 Page 95 ►tem#$. EX H I BIT A with the exhibits in the staff report,prohibitions on direct access from E.Lake Hazel Rd.,specifications on building elevations,and required open space and amenities including a clubhouse, sitting areas,and a neighborhood park. During the November 28, 2018 City Council hearing, there was a significant amount of community concern regarding the project.Concerns included traffic,density,existing slopes, height of structures and transition to the surrounding neighborhoods. In 2019, it was discovered concessions that had been presented in a letter by the Applicant to the City Council at the 2017 public hearings to address community concerns had not been included in the original development agreement.The majority of the additional restrictions were in response to requests from the property owner at 2310 E. Lake Hazel (to the west). These restrictions included a height limitation to one-story on the lots which most impacted that adjacent neighbor, wrought iron fencing required along the west property boundary, berming, additional landscaping and increased setbacks along the west boundary.However,there are also restrictions that affect more properties than just 2310 E. Lake Hazel. Some of these include a one-story height limitation and 45' rear setback for houses on Lots 1-3 of Block 1 (northwestern corner of the site),and a one-story height limitation on all 96 houses in the Village Area(please refer to Exhibit D). In March 2019,the City Council directed staff to record these additional restrictions as an addendum to the development agreement(Inst. #2019-021791). The Final Plat for Phase One(Impressive East Ridge No. 1)was approved by the Council on July 17,2019. The majority of homes in this phase have been built. MDA Request: The applicant is requesting to modify the terms of the original agreement(Instrument #2018-052339)and terminate the first addendum(Instrument#2019-021791). The modification to the original DA includes a change to lot configuration, open space, amenities and home elevations approved for the R-15 portion of the development. The termination of the addendum is to eliminate the agreed upon terms discussed during the public hearing between the surrounding neighbors and the developer. Staff has provided analysis on the requested changes as follows: A conceptual final plat was presented that differed from the preliminary plat. UDC 11-613-3 allows minor changes to a final plat as long as the number of lots is the same or less, and the open space is relocated and not reduced.All these requirements were met;however,the final plat had a configuration that had changed enough that staff believed it did not meet the "generally consistent with the preliminary plat" requirement listed in Section 5.Lb of the original development agreement. Staff s position was the development agreement should be revised to include this new configuration. In addition to reconfiguration of the plat and proposed removal of the clubhouse, the applicant also notes the individual property owner at 2310 E. Lake Hazel,who had driven much of the development addendum restrictions, had recently sold the property to a developer and the property is now being developed as part of the Lavender Heights Subdivision (H-2020-0009). The applicant requests elimination of the addendum so that the additional mitigation measures will not be required. A. Staff Analysis of the Proposal to Modify Development Agreement(#2018-052339) (Staff response in italics) 1. Reconfiguration of the R-15 zoned lots in the Village portion of the subdivision. 96 senior homes were approved in the Village Area and this number will not change. However,the lot type, setbacks, common driveways and orientation of some of the lots have changed(see Exhibit A). The minimum lot size of some of the lots has decreased slightly because numerous common driveways which were previously part of the lot have been removed and most lots have been reconfigured along private streets. The open space has slightly decreased in Phases 2 & 3,but the open space for the total plat has increased slightly(transferred to Phase One). The Village Area will be developed in two phases, with the first phase consisting of 38 homes. Page 2 Page 96 EX H I BIT A Staff supports these changes. There is no increase in number of lots, it is preferable to have houses oriented to streets versus numerous common lots, and the amount of total open space has increased. Staff notes any changes to utilities from the previously approved plan will need to be reviewed and approved by Public Works. 2. Change to Building Elevations The elevations submitted with the preliminary plat and referenced by the existing development agreement represent larger estate homes and duplexes. The applicant proposes to replace the approved elevations with one story patio-type homes with materials and architecture similar to what was approved with the Preliminary Plat. Staff supports this change. The building elevations indicate one story, and architecture and materials are similar to what was approved with the preliminary plat. 3. Removal of Clubhouse Amenity The original amenities approved with the preliminary plat and required with the recorded development agreement include a clubhouse, sitting areas, large common lot,neighborhood park and shade structure. The development agreement states the clubhouse is for usage by the residents of the Village Layout(please refer to Final Plat Exhibit E). The clubhouse is located on Lot 14,Block 2 and is required to be constructed with Phase 2 of the development. The applicant requests to modify Section 5.Ld of the original development agreement to remove the clubhouse from the required amenities. According to the applicant,because of the Covid outbreak and social distancing protocols,potential buyers are no longer interested in indoor gathering areas. The applicant states surveys have shown buyers prefer outdoor amenities over indoor ones. The applicant requests to replace the clubhouse with a dog park, outdoor ramada(shade structure), a water feature and a large open park area. Staff does not support removal of the clubhouse. Staff is not convinced the pandemic associated with the Covid outbreak will result in permanent loss of interest in indoor amenities. Also, the new Village Layout is shown to be an age-restricted community with patio homes and limited yard space. Staff believes the clubhouse serves as an integral component for social gatherings and/or events. Finally, a clubhouse amenity would be accessible year-round, versus outdoor structures that will see limited use in the winter months. B. Staff Analysis to terminate Development Agreement Addendum#2019-021791. The development agreement addendum is comprised of four sections (see Exhibit E). Staff has analyzed each section below to ensure the neighborhood concerns are adequately addressed in the amended development In general, staff is supportive of terminating this agreement in favor of carrying forward certain provisions in the amended agreement. Staff recommended provisions to remain are identified below. 1. Entire Development. This section limits the number of lots, lists the allowed zoning, requires berms along E. Lake Hazel Rd.,has limitations on access,requires looping of water infrastructure,and has limits on how grading can occur to the west. Staff supports removal of the entire section.Number of lots has already been established under the preliminary plat, the property has already been zoned, all roads connected to external Page 3 Page 97 EX H I BIT A roads have been constructed, the ownership of the western property has changed and the landscape buffer has already been constructed along E. Lake Hazel Rd. 2. Village Product Area This section states that along the western boundary (2310 E. Lake Hazel Rd) wrought iron fencing, berming, increased landscaping and 20' setbacks are required. All properties in the Village Area are limited to 25' in height and are required to be age restricted. Staffsupports removing the requirements in this section that are specific to 2310 E.Lake Hazel Rd. As the property is under different ownership than the property owner who requested most of the restrictions, staff is amenable to all the western-specific requirements of this section being deleted. However, it is staff's opinion that removing the 25'height limitation for houses in the Village Product Area could impact properties beyond just the western property. Also, the requirement for age restriction was a significant discussion during the preliminary plat hearings, and age restricted patio homes and duplexes were used as a justification as to why R-15 zoning would be appropriate. Staff recommends the retention of the following restrictions associated with this section: "All product in the Village Area is to be single level with a maximum roof height of 25"'. "All product in the Village Area is to be age restricted." 3. 6 Estate Lots This section states that along the western boundary (2310 E. Lake Hazel Rd) wrought iron fencing, increased trees and shrubs,and a 10' setback is required. All properties in this section are required to maintain R-4 side setbacks and be single level. A 45' setback is required for Lots 1-3,Block 1. Staff supports removing the requirements in this section that are specific to 2310 E.Lake Hazel Rd. Also, the property is zoned R-4 so the note regarding R-4 setbacks is unnecessary. However, as only four of the six houses have been constructed and impacts from removing restrictions could impact other surrounding properties (such as the ones in Blackrock Subdivision No 1.)staff recommends retention of the following restrictions associated with this section: "All 6 lots to be single level with a maximum roof height of 25 feet. Rear setbacks for Lots 1-3 and 18-20 Block 3 of Impressive East Ridge Subdivision No 1 shall be 45 feet." 4. Rim Estate Lots This section requires adhering with the site plan approved by Council on November 13, 2017, increased rear setbacks of 45 feet and side yard setbacks of 7.5 feet for Lots 6-23 of Block 1. Staff only supports removal of the requirement regarding adhering with the site plan as the property is already platted. The remainder of the restrictions pertain to the lots on the east portion of the property. Some of these lots are still vacant and abut the neighboring Sky Mesa Highlands (H-2019-0123) to the west. Page 4 Page 98 EXHIBIT A IV. DECISION A. Staff: 1. Staff recommends the City Council approve the termination of Development Agreement Addendum Inst.#2019-021791. 2. Staff recommends the City Council approve the amendment to Development Agreement #2018-052339 as follows: 5.1.b Future development of this site shall be generally consistent with the lot layout preliminary plat and building elevations depicted in Exhibit A of the Staff Report attached to Exhibit"B",Findings of Fact Conclusions of Law, and the revisions noted in the staff report. The Village area of the plat(zoned R-15) shall comply with revised lot layout, open space and building elevations contained in this staff report. 5.1.d development.the The site shall develop with a minimum of 10.54% open space (4.32 acres) and shall include the following amenities specific to the Village Concept and other amenities that would be for the use of the estate lots as well as the Village concept. The amenities specific to the Village concept include u clubheusean open air ramada, sitting areas, a dog nark and water feature one a large common lot.Amenities that would be shared by both the estate lots and the Village concept include a neighborhood park that includes a large grassy area, a shade structure and sitting areas. 3. Add the following new DA provisions: • All product in the Village area(zoned R-15) to be single level with a maximum roof height of 25 feet. • All product in the Village Area(zoned R-15)is to be age restricted. • Lots 1-3 and 18-20, Block 3 of the Impressive East Ridge Subdivision No. 1 are to be single level with a maximum building height of 25 feet. • Rear setbacks for Lots 1-3,Block 3 of the Impressive East Ridge Subdivision No. 1 shall be 45 feet as measured from the north property line. • Rear setbacks for Lots 6-23,Block 3 of the Impressive East Ridge Subdivision No. 1) shall be 45 feet. • Side yard setbacks for Lots 6-23,Block 3 of the Impressive East Ridge Subdivision No. 1 shall be 7.5 feet. B The Meridian City Council heard these items on November 4.2020.At the public hearing. the Council moved to approve the subject MDA request. 1 Summary of the City Council public hearing: a In favor: Hethe Clark. the Conger Group b. In onposjtion: None Page 5 Page 99 EXHIBIT A -c. Commenting: Hethe Clark and Annette Alonso d., Written testimony: None -c� Staff presenting application: Alan Tiefenbach f Other Staff commenting on application: None 2. Key issue(s) of public testimony: a. Concerns with onsite parking.whether the required open space was enough for the development, grading that had occurred and why private versus public streets were approved. Key issue(s) of discussion by City Council: a Discussion regarding whether the clubhouse amenity should be required. 4 City Council change(s) to Staff recommendation: a Revise 5.1.d of Development Agreement#2018-052339 as noted above. Page 6 Page 100 ►tem#$. EX H I BIT A 5. EXHIBITS A. Approved Preliminary Plat and Proposed Configuration for Phase 2 (date 10/23/20) I I I I ' TE TF I I I �I II II II � �I I I I I I I I I 1 4 I I - f I I � II II I ' II II I I i ---------------- ' I I EASTRIDGE SUBDIVISION EASTRIDGE SUBDIVISION ORIGINAL PRELIMINARY PLAT REVISED PRELIMINARY PLAT Page 7 Page 101 EXHIBIT A B. Proposed Plat Modification Showing Area of Next Phase(date: 10/23/2020) IY xs � n ,� 7> � aag� La � ea �Q ex a3. � w�7 }u � en N er � _aa 9 eu � uo - Qs a•. o� 'I ar..� '! �.r s�:P ._. •,ash x z ^`-�-� nor�t suo .>�..rr_ msa- usF"t. ...o z'1 v s, rz s F - F — — _ - --— • ���% , -.�. . �. .�to .Sl71r J '.4T iGm +59, yU9 C� .T ,� I. .3 ]L F .I T l.rrav STET ,� C t 1QEr Im 1 1Q] IGrr r 18Q 103 Sii 197 QQ xzr ili i10 I 33_rF .sx�£v .1 _ ._. \ u 21 — — — gip. F J. ar•s 3SF \, I1 97 F I �? a hM ff 13 T# r :aldW'�I Pi 12 ✓ -FL �s q .F 'F c F .�".•F- Page 8 Page 102 ►tem#$• EX H I BIT A C. Approved Preliminary Plat Landscape Plan Showing Clubhouse Area(Date 11/28/17) PLANT SCHEDULE PROJECT INFORtAknON IN I S _._ ._ 5 i•a€E i�a _ � � I I __ _ _ _ 1 4- II „ •, "° '® - Ciu3ahr�use I1 � ----- IIL a f!• I,II ----- IR¢ _ � LANDSCAPE utg�4y � EQUIREMEN75 Cw7Sp �r y am - Y e 1 V]��0 [:1 a5 LANDSCAPE PLAN-AREA•TWOCIL S �ww w.w.. , .. „""• r� 1 Zip � 1 �m'�'s�wnxu.,em�.ewrneaw Mn.�m Page 9 Page 103 EXHIBIT A D. Open Space Exhibits by Phase(Date: 10/23/20) I I , I I l I j I II ® 'WE 2/Z WALIFYINC OPEN SPACE MA5E 1 UdALI"NG DI'EH`_.%,A:;E EASTRI DG E SUBDIVISION OPEN SPACE EXHIBIT I I I `— I TOTAL SITE AREA='_-40.99 ACRES I PHASE 10 PEN SPACE 2-60 ACRES r + PHASE 2/3©PEN SPACE 1.76 ACRES I ` TOTAL OPEN SPACE 4.36 ACRES{10.M I Proposed Phase 2&3 Open Space r P Exhibit M „ Page 10 Page 104 'tem#$• EXHIBIT A E. Approved Final Plat for Impressive East Ridge Subdivision No 1. (date: 7/17/2018) (Marked up to show areas referenced by Development Agreement Addendum) �- E t7t Loth Rini Estate Lets Ilk,O-Vov PC. 4 -- I i — _ ' ` ar �•-7 rx_�x S' ��_�`k . 'k � 4 S LrJ , � 1 7 I J P3 2 IF, it i •v �1 - s� r; r . � I ' I •`Tom, •�[y�rY4 1� � 1 L� Yr i •. I _. f.iyS ��;�,, •f*..N_' - il -3ILl PC I,,. r00. JP _ ArX J� PI W j � JT ° s I � ,.y, I I i I• I I �L '4 � F `ii37�_-_ u—nH .. I f�_-_-��.�e__��_Ye,o- ��Q�L_�a.�,-K��Lrr•=•-�•. kw,a ✓�" ' � .Lr �.w it � It GI ewarxa, I�' I y j Rmw rs mQ I -.�_,.a�� 'ew-m'u75'KL'i�: r iYTAfiT r,iyp�ieJ N' � d L-p rT LARwm� _ 1 ul JI •y i 4 id _.__.—_.— EhJE°r`uKE �' i• I o a_.s _. r ..n:l' �� !JIlSLa'i 1.1l Jlsl Jar - ___-_-__-. �rwPfa3b'�arSffr�tir'Fe i� I ; Ji��15• 'e �� e MSTM dd MIC IT&'JrAMW MONW1' ®;H:'k F - 7 YllFErJ L it =_.�' -• �.$'T�M ir+4Naa5A?rri + TE P; 9dd.'L*Sr'= .asr� I 'rUJr� RI A7.�YJa_wnw*�,_ M*jW.ar i�"'SF 5 JL91 '- ' :•�'J7ii�i. ,"• 1r PPlc'A? d`dYEkt}r hiln!& ■ =LM � 'Yr' .a.raa r'J' •I d i- L� \ ir-i fa•rnyafi�o rEiY.dr# I kl. Villa �r pry 1 } S�Z9`.I!, 1 Next Phases; 4A&t �rMW �,a I� ,� 4 _ � �?' ' Avl-lrjl'r NM FIX J..per r IIII ... .!. � a„r , I rus•Y Ifllr Y% .sti -. dM A �7Ir i7& ,"79 I , L _ 14A!'iS a,W J_= SRQerJ■ � �a :-r„i1r•M R Page 11 Page 105 EXHIBIT A F. Approved Elevations for Village Area from Preliminary Plat(date: 11/28/2017) a ' a V. _ I t i r Page 12 Page 106 EX H I BIT A G. Proposed Elevations for Village Area(date: 10/27/20 KI c, T'a rf.T, WI�'FNM r ,I kTd.4 +Wrn. ntrsYi.� -- ean*z KITIWH IRl /mac€ F.trFY "nurr W`c. tum M141, If CRY `hPc ENTRY Q III II Q Qk 2kT11 {� b.�J?Z r' 4AT,e O i— - Page 13 Page 107 EXHIBIT A H. Development Agreement#2018-052339 -(date: 6/5/2018) 33 DEVELOPER: rneans and refers to fhevCe,LLC, avhoge address is 4924 W, Fait-view Ave_, 13aiw, LD 83706, the part,that is developing id Property nand.Oal I Include any subsuquunt dvvu1upngzi)a r}ie Prvperiy. 3A YROPE WIN: ancans and rcfcrs to that"aisin paral(s)of Prop e y located in (lie Counlyof Ada,City ofMer dinnasdcgcrihedinExhibit"A'`dowrlbmgthe parveIs to be aarrraexed and zoned Medium Low Density Rniden6aI(R-4)and R- 15(MediLim High Den sily lkce;idential)zoningdistrio(s+a,rvJ artachcd hereto aand by tl}is rcfr_�ti°eneo ins orporat,d hercin a s if set foilb at IG.ngth_ USES PFRMITTEI) T1Y THIS AGREEMENT: This Agrmnent shall vest the right to develop the Propeny in aacordanee witli the ternns mid conditions of this Agreement. 4.1 'Thee uscs ullmved pi suarlt tc%this Agrrern;ni are ant tluase n.es allowed undcr the UDC. 4.2 No change in the uses specifiod in this Agreement Rha!tll he allnwed ",ithout modifi=tion of this Ap;Tecrnont, 5. C'ONIXTIONS G V'ERNINGo DEVELOPMENT OF S><B JEc r PROPERTY 3.1. Owner and/or l)cvc1cal2zr shall dcvelop3 the Pmperly in uixot&ricc W411 the foIlowingsp"-ial condit:ion 3: a. Except the paubiic street access to E, lzikc Hard Roaad from FaLst R idge Avenue.direcr lot access to H.Lake H4izeI Road,an an rial:stmint,ispj)ahlbited it accord with UDC 11-3A-3. b, Future develop n-Lent of this site shall be generally eomistem%Y th tltc preliniiniaa'y plat and buildin.p; cicvatioltis &pic wd. in Lxhibit A of the Staff Report atterhed to EON("F3". Findings (if Fact Conalui ores of Law and the tevisiom noted in the staff G. T1,e applicant shall comply with the srrbmittcd haute elevations ansohed in Exhibit A.4 of the Staff liepanrl altacbbrl to Exhihit"B"_ f iodin,gs of Fact Conclusions cif Law.The rear and2or side afstructuxes that face arterial of colluctor sttects(Lots 2-5 of b[oc k 1,Lots 55, 56, 59, 64 63, 64, 67, 68, 71 and 72 of Blodr 2), :shall imorporate arrlctala on tbrouRh changcs in two ar moir(if thu fol Inwing; modulation (e,g.— projectiorls, recesses, step)- biidLSr pop-nuts), bays. handing,, porches, taalwnie�, material types, or other integrated ard)it"tuval eelcme.rits to break up monotonous wait panes aaul roof Sines that are vi.7,ible From thi.subject public. strQeL. Single-dory structures at exempt froin rims r�gtlirement. d. The site shEL11 develop with at minimum of 10.54'amorm_-tl s,pac.e(4.32 ancres)and sh811 Include tale folIowrpng cailicrlities,Sped Fit to the ViIlage C oneept.arad othor Eunemities that womId he: for the use of the mstate I s well as the Village eoncept. `1fZe ailnenitaes pc ife tau [lie Village concept include a pu'bltntrsR si(tiitg areas arid na lat-Se common tot-Arnenitias than would be shared lay bath the estate lots la rid the Vi I lagp co cel)t include a neighborhood paw that lnelutles a Iarge grassy area,at shade structurc and sitting:am nos. Applicarrt proposes to remove clubhouse requirement and replace wi,h dog perk, water feature, and oudoor ramanda raa•vs KA�rirlynl•�'hrC°rxinrilRA pnn R "niati_ a—,,.AAnragl; Page 14 Page 108 ►reap#$. EXHIBIT A I. Development Agreement Addendum#2019-021791 (date: 3/19/2019) (Staff supports DA being terminated,but recommends retention of red items in amended DA.) u LNUU. 1-11 Page I 1.-'olIm Ihevplioltrtrent: + Ad1-wna iwiLb the Site Plan dated Ntr+curlier 13,2017. r fire Dewtoprnuni Agreenwnt will restrict the touLl nimbtjroFm+rkstdetitinl liornes to 96 lots I'br thu V H I age h ousing arW 41 hornet rur the Estate Lots. ■ Zoninp,will be R-4 foT the Fstale LAYI;;mad R- 15 ror the VII1MgF reei8,bhLFrhoud_ ■ Cake HNZV1 Iw4seape tti incorporate a 4 to 6-fsint-ta0 k-niv- A r"ajurity R 80%)of tlr-berm w I I'l. be the rcqkjcsIOd 6 foot tal I- ■ ptmsr 1 NVi11 ilKIIkk.Ilse ctrrutcctionto i.QU Razel rlrwia F',17yanilt%Onwe. ■ rv'imjnittarw rr nce s will tie frDni Lake liaxl Ftcittd. + L3ajrrge.Mtl4'ilia will be 1001pod to P.C)xarite Elrivr wlticlr will iR IPMVe curl'i'ait 61XV-Ilk WAICIF quality for existing lromeawnm on City ices- W Grading-lwoperiy wilt be P,r'aidcd front wnl to t t such that ilia exisr[V grade 011 be ireduud by clot l sq iliarn approximately 3' rroni tho wL°i lmil property kne to tk,mid-point ofOt property or ftarIker°. VIIlalr Prodricl Arraa: ■ Wrntaghl I7'm Fendng on the properly iiru`brii>snde.tty wit!14mcanit noigWir(al Otir 1k'L--4 buts nileiry). A I' 14)2' benn for plant in&on our w nt ba uridiiry. + A rletirJ a w tree with a cali per size bewwwn 2 to 25 Inches every rill feet I arii overgrcell Olive sprui,v)in a sized between B tv 10 Fea alipmi mutely eycry 6U' (i,a.a trio isvcry 30 fern with Li m axi re uni g-ft)*th lrei&ef'M to 25 Eel a lung m t hmndary, + A on u irr ol'3 slinrlis between owry tiro uJimir,west bortoduy. ■ All pr[>'rucl lti the Village wreR is io be s rtgic level iYM a maximurn roof height of?5#het. ■ All rmxlmI in the Village area is to be.age restricted. + �L-aimk of imusing product tc be 20' fror n,,►sestern prupwy line, is Estaitrs ltrpts(L.,ou, 1-3,Block 3 and Lots 16-1 R. Block 2): ■ Wr,iugjit iron Fencing rtn tilt:�Tarwrty line b[rundar WiCli urliiiccnl rrrighlxir(al our word W411100'ry)- • A deciduous to-ee swlth a ealip-cr sin hciweerr 2 to 2.5%rashes every Cat lees!an eveigieen(blue spruce)tree shed betweetl 8 to 10 f L appmxi life ly uvery 60'(i4. sa IreL-every 30 reel)w ith a iataXiitiLira JYOx vile Itagllt 42F21a itr 21 Feet alri,ig west boundary, + A grompin r of 3 shnilis bvl,,YL�aiu vvt:ry tree ato og 1vest boundary. Ail 6 lots tG be sirif,le tV-VO4`irW'WW446gt IY- l R ..4-A • 'r-'UdJ'e-.tact 100- vviih a maximum rmf Ircighl,ttf teet. * Rear Setbacks for l-nis 1.Z card 3.Wook 3 shall be 45 f'ttr.-+Ht-al� fee! v�brkO, FriouN'Ui d livoi lilt • if# erd ►.{►nr im b R+ r7irrlli prorntly HnIt, • Lei bauk ufhoti-ang pr,}duel to be.10'from I.Yusicm fA tpce;y tine, Rirn Vstntr l.c,t I.l,t,r%Ca-23,Block 1): n. i..,.._with,h k Lwr Set backs for Lots 8-23 shall hu 45 I'4d, r 9.ite yard setbacks shall be 7.5 Feel l ivr lmnes oii the Itl ia. f � ,A Page 15 Page 109