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Z - Development Agreement H-2020-0101 ADA COUNTY RECORDER Phil McGrane 2021-034930 BOISE IDAHO Pgs=38 CHE FOWLER 03/04/2021 08:44 AM CITY OF MERIDIAN, IDAHO NO FEE DEVELOPMENT AGREEMENT PARTIES: 1-. City of Meridian 2. Berkeley Communities, LLC, Owner/Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this 2nd day of March , 2021, by and between City of Meridian, a municipal corporation of the State of Idaho,hereafter called CITE'whose address is 33 E. Broadway Avenue, Meridian,Idaho 83642 and Berkeley Communities,LLC whose address is PO Box 5927,Boise,ID 83705, hereinafter called D ER/DEVELOPER. 1. RECITALS: 1.1 WHEREAS,Owner is the sole(owner,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- 511 A provides that cities may,by ordinance, require or permit as a condition of zoning that the Owner and/or Developer make written commitment concerning the use or development of the subject Property, and 13 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, Owner/Developer has submitted an application for annexation and zoning of 4. 7 acres of land with an -15 (Medium High Density Residential);zoning district of the property listed in Exhibit "A''", attached hereto,under the Unified Development which generally describes how the Property will be developed and what improvemeras will be made, and 1.5 WHEREAS, Owner/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 trade;and 1.6 WHEREAS,the record of the proceedings for requested rezoning Yield before Planning and Zoning Commission and the City Council,includes r spomcs of DEvELoPMENT AGREEMENT—DAPHNF SQUARF SuBDivisioN(tl-2020-01 l) PAGE 1 or 8 DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Berkeley Communities, LLC, Owner/Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this 2nd day of March______, 2021, 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 Berkeley Communities,LLC whose address is PO Box 5927,Boise,ID 83705, hereinafter called OWNER/DEVELOPER. 1. RECITALS: 1.1 WHEREAS,Owner is the sole owner,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§ 67-6511A 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, Owner/Developer has submitted an application for annexation and zoning of 4,97 acres of land with an R-15 (Medium High Density Residential) zoning district 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, Owner/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 1.6 WHEREAS,the record of the proceedings for requested rezoning held before Planning and Zoning Commission and the City Council,includes responses of DEVELOPMENT AGREEMENT-DAPHNE SQUARE SUBDIVISION(H-2020-0 10 1) PAGE 1 OF 8 government subdivisions providing services within the City of Meridian planning jurisdiction, and includes further testimony and comment; and 1.7 WHEREAS, on the 2' day of February, 2021, the Meridian City Council approved certain Revised Findings of Fact and Conclusions of Law and Decision and Order ("Findings"), which have been incorporated into this Agreement and attached as Exhibit"B"; and 1.8 WHEREAS, the Findings require the Owner/Developer to enter into a Development Agreement before the City Council takes final action on final plat; and 1.9 WHEREAS,Owner/Developer deem it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and request; and 1.10 WHEREAS,City requires the Owner/Developer to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this Agreement,herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure zoning designation are in accordance with the amended Comprehensive Plan of the City of Meridian on December 19,2019, Resolution No. 19-2179, and the UDC, Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words,terms,and phrases herein contained in this section shall be defined and interpreted as herein provided for,unless the clear context of the presentation of the same requires otherwise: 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho 83642. 3.2 OWNER/DEVELOPOER: means and refers to Berkeley Communities, LLC, whose address is PO Box 5927, Boise, ID 83705, hereinafter called OWNER/DEVELOPER,the party that owns and is developing said Property and shall include any subsequent owner(s)and/or developer(s)ofthe Property. DEVELOPMENT AGREEMENT-DAPHNE SQUARE SuBDmsioN(H-2020-0 10 1) PAGS 2 oP 8 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. Owners/Developer shall develop the Property in accordance with the following special conditions: a. The rear and/or sides of 2-story structures on Lot 18 of Block i and Lots 2-16 of Block 2 that face N. Black Cat Road and W. McMillan Rd shall incorporate articulation through changes in two or more of the following:modulation (e.g. projections, recesses, step-backs,pop-outs),bays, banding,porches, balconies, material types,or other integrated architectural elements to break up monotonous wall planes and roof lines. Single-story structures are exempt from this requirement. Planning approval will be required at time of building permit. b. Future development of this site shall be generally consistent with the preliminary plat, landscape plan and conceptual building elevations for the single-family dwellings included in Section VM of the Staff Report that is attached to the Findings of Fact and Conclusions of Law attached hereto as Exhibit `B" and the provisions contained therein. c. If an agreement cannot be reached with the Brody Square Homeowner's Association (HOA)in regard to locating an additional playground amenity within Lot 9,Block 3 of the Brody Square Subdivision and sharing amenities and common open space between the two subdivisions,the applicant shall revise the preliminary plat to convert Lot 1, Block 2 of the Daphne Square Subdivision into common open space. d. Rear setbacks of all homes in Lots 18-29, Block 1 shall be 20'. 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: DEvEMPMENTAGREEMENT-DAPHNE SQUARE SUBDIVISION(H-2020-0 10 1) PAGE 3 of 8 Item#13. 7.1 Acts of Default. Either party's failure to faithfully comply with all of the terms and conditions included in this Agreement shall constitute default under this Agreement. 7.2 Notice and Cure Period. In the event of Owner/Developer's default of this Agreement, Owners/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/Developer that is not cured after notice as described in Section 7.2,Owner/Developer shall be deemed to have consented to modification of this Agreement and de-annexation and reversal of the zoning designations described herein, solely against the offending portion of Property and upon City's compliance with all applicable laws, ordinances and rules, including any applicable provisions of Idaho Code §§ 67-6509 and 67-6511. Owner/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/Developer or City is delayed for causes that are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes,the time for such performance shall be extended by the amount of time of such delay. 7.5 Waiver. A waiver by City of any default by Owner/Developer of any one or more of the covenants or conditions hereof shall apply solely to the default and defaults waivcd and shall nQitlicr bar any other rights or rcrnedicb orCily nor apply to any subsequent default of any such or other covenants and conditions. 8. INSPECTION: Owner/DeveIoper 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, DEVELOPMENT AGREEMENT-DAmNE SQUARE SUBDIVISION(H-2020-01 0 1) PAGE 4 of 8 9. REQUIREMENT FOR RECORDATION: City shall record this Agreement, including all of the Exhibits, and submit proof of such recording to Owner/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/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/Developer to the City in accordance with Paragraph 11 above. 13. ABIDE BY ALL CITY ORDINANCES: That Owners and/or Developer agree to abide by all ordinances of the City of Meridian unless otherwise provided by this Agreement. 14. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: with copy to: City Clerk City Attorney City of Meridian City of Meridian 33 E. Broadway Ave. 33 E. Broadway Avenue Meridian, Idaho 83642 Meridian, Idaho 83642 OWNER/DEVELOPER: Berkeley Communities,LLC PO Box 5927 Boise, ID 83705-0927 14.1 A parry 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 DEVELOPMENT AGREEMENT-DAPHNE SQUARE SUBDIVISION(H-2020-0101) PAGE 5 OF 8 jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall P 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/Developer, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof,except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owner/Developer, to execute appropriate and recordable evidence of termination of this Agreement if City,in its sole and reasonable discretion,had determined that Owner/Developer have fully performed their obligations under this Agreement. 18. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided,each party shall act reasonably in giving any consent,approval,or taking any other action under this Agreement. 20, COOPERATION OF THE PARTIES: In the event of any legal or equitable action or other proceeding instituted by any third party (including a governmental entity or official) challenging the validity of any provision in this Agreement, the parties agree to cooperate in defending such action or proceeding. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements,condition and understandings between Owner/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/Developer and City, other than as are stated herein. Except as herein otherwise provided,no subsequent alteration,amendment,change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinnnve or resobotion of City. 21.1 No condition governing the uses and/or conditions governing re-zoning ofthe subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. DEVELOPMENT AGREEMENT—DAPIINE SQUARE SUBDIVISION(H-2020-0101) PAGE 6 OR 8 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: Berkeley Com u 'ties,LLC - M A\ By: Joseph Atall Its: Manager CITY OF MERIDIAN ATTEST: By: Mayor Robert E. Simison 3-2-2021 Chris Johnson, City Clerk 3-2-2021 STATE OF IDAHO ) ss: County of Ada ) On this_V1# day of fC W(WAt/ 2021,before me,the undersigned,allotary Public in and for said State, personally appeared Joseph Atalla, knovNi or identified to me to be the Manager of Berkeley Communities,LLC identified to me to be the person who signed above and acknowledged to me that he executed the same of behalf of said CorPnrstion_ IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. SEAL : �Q"lAf�y N tart'Public for �►. Residing at: MVI(io 1 An r L p pit l�G My Commission Expires: Vco V7- 7V7,`5 DEVELOPMENT AGREEMENT D6" '- W, ° dolt'(H-2020-0101) PAGE 7 OF 8 STAVE OF IDAHO ) : ss County of Ada j On this 2nd day of March ,2021,before me, a Notary Public,personally appeared Robert E. Simison and Chris Johnson,known or identified to me to be the Mayor and Clerk,respectively,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. (SEAL) Notary Public for Idaho Residing at: Meridian, Idaho _ Commission expires: 3-28-2022 DEVELOPMENT AGREEMENT—DAPHNE SQUARE SUBDIVISION(H-2020-01 0 1) PAGE S OF 8 Page 188 Item#13. EXHIBIT A EXHIBIT ANNEXATI0N AND R-15 ZONINta DESCRIPTION FOR DAPHNE SQUIRE SUBDIVISION A portion of the SVV 114 of theSW114uf Sectlon 27. TAN., R.1VV_, B.M..Ada County, Idaho more Particularly deaorild as follows, BECINNJ G at tha SVV corner of said Section 27 frorn which the VV114 corner of said Section 27 bears North 00°81'08" East, 2637.33 feet thence along the VVest boundary line of said Section 27 North Dl�°01'08" East. 329.50 feet a 2ngle point in the exterior boundary line of Black Cat Estates Subdivision No. 1 as file in Book 29 of Plata at Pages 1798 and 1799, records cf Ada County, Idaho thence along the exterior boundary I6ne of said Black Cat Estates Subdivision No. 1 the following cnume3 and distances- thence leaving said Writ boundary bias South 88°1 T52" East, 660.80 feet; thence Sornh 00'31'W'West,_ 326.04 feet to a paint on the Savth boundary line of said Sectim 27, thence. along said South boundary line North 89°35'62"West, %0_84 feet to the REAL PRINT OF BEGINNING. Containin-j 4.97 S�otes, More or less. EIL 7729 � 1; C, Daphne Square Subdivision H—2020-0101 Page 189 Gm of [k H|§|ƒ A 1/4 S.28T &27 � [ BLACK CAT E T T s ] NO. 1 2 -- @ @ ¢ m » � z 5| iiG m Cc �a m % \ 6591 &( Im / / 4.97 � | � | | _ ,� E mNm� � � S,2181 27 _ W. McWLLAN »33 &34 » AT r 7729 0 25 m 100 20Q 0 £ [ �yEc¥ Daphne Square Subdivision H—2020C101 7�q EXHIBIT B Item#13. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW C�WE Nty AND DECISION& ORDER In the Matter of the Request for Daphne Square Subdivision,Annexation,Zoning and Preliminary Plat approval of 30 residential lots and 3 common lots on 4.97 acres of land in the R-15 zoning district,by Schultz Development, LLC. Case No(s). H-2020-0101 For the City Council Hearing Date of: January 19, 2021 (Findings on February 2, 2021) A. Findings of Fact 1. Hearing Facts (see attached Staff Report f'or the hearing date of January 19, 2021, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of January 19, 2021, incorporated by reference) 3. Application and Property Facts(see attached Staff Report f'or the hearing date of January 19, 2021, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of January 19, 2021, incorporated by reference) B. Conclusions of Law I. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65,Title 67, Idaho Code(I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified as Title I I 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 § 1.1-5A. 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(DAPHNE SQUARE SUBDIVISION—FILE# H-2020-0101) - I - Page 191 Item#13. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of January 21, 2021,incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's request for annexation,zoning to R-15, and preliminary plat is hereby approved per the conditions of approval in the Staff Report for the hearing date of January 21, 2021, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two (2)years of the approval of the preliminary plat or the combined preliminary and final plat or short plat(UDC 11-613-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two (2)years,may be considered for final approval without resubmission for preliminary plat approval(UDC 11-6B-7B). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A,the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two(2)years. Additional time extensions up to two (2)years as determined and approved by the City Council may be granted. With all extensions,the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension,the property shall be required to go through the platting procedure again(UDC 1I- 6B-7C). Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s)and returned to the city within six(6)months of the city council granting the modification. A modification to the development agreement may be initiated prior to signature of the FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(DAPHNE SQUARE SUBDIVISION—FILE#H-2020-0101) -2- Page 192 Item#13. 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 January 21,2021. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(DAPHNE SQUARE SUBDIVISION—FILE#H-2020-0101) -3- Page 193 Item#13. By action of the City Council at its regular meeting held on the 2nd day of February 12021 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: 2-2-2021 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(DAPHNE SQUARE SUBDIVISION—FILE#H-2020-0101) -4 Page 194 Item#13. EXH I BIT A STAFF REPORT E IDIAY� -- COMMUNITY DEVELOPMENT DEPARTMENT A H O HEARING 1/19/2021 Legend DATE: TO: Mayor& City Council let FROM: Alan Tiefenbach M q' 208-489-0573 - - ----- Bruce Freckleton,Development Services Manager 208-887-2211 SUBJECT: H-2020-0101 1 Daphne Square Subdivision UM LOCATION: 4700 W.McMillian Rd. _ NE corner of N. Black Cat Rd and W. __ _____________ McMillan Rd. 3� I. PROJECT DESCRIPTION Annexation&zoning of 4.97 acres of land with an R-15 zoning district,and preliminary plat consisting of 30 building lots and 3 common lots,by Schultz Development,LLC. II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 4.97 Future Land Use Designation Medium Density Residential 3-8 du/acre Existing Land Use(s) Existing manufactured home Proposed Land Use(s) Single Family Attached and Detached Lots(#and type;bldg./common) 30 single family lots and 3 common lots Phasing Plan(#of phases) One Phase Number of Residential Units(type 30 of units) Density(gross&net) 6 du/acre gross Open Space(acres,total 26,749 sq. ft. (12.36%)qualified open space. [%]/buffer/qualified) Amenities 5,611 sq. ft. common lot with shade structure and benches. Physical Features(waterways, An irrigation lateral runs east to west along McMillian Rd. hazards,flood plain,hillside) Neighborhood meeting date;#of August 25,2020,4 attendees attendees: Page 1 Page 195 Item#13. Description Details Page History(previous approvals) N/A B. Community Metrics Description Details Page Ada County Highway District • Staff report(yes/no) Yes • Requires ACHD Commission No Action(yes/no) Access(Arterial/Collectors/State Northern access from N.Eynsford Ave(local road in Hwy/Local)(Existing and Proposed) Brody Square)to N.Black Cat Rd via W.Daphne St,there is also an eastern stub proposed. Traffic Level of Service D Existing Road Network No existing internal roads. Existing Arterial Sidewalks/ Buffer and sidewalk exists on west side of N.Black Cat Buffers Road(part of the Jump Creek Subdivision.) W.McMillan Road—no sidewalks or buffers Proposed Road Improvements Applicant required to construct all internal roads to 33' width. 5'wide detached sidewalks will be constructed along N. Black Cat Rd and W.McMillan Rd. Distance to nearest City Park(+ +/- 1.25 miles,Keith Bird Legacy Park, 1.5 miles,Heroes size) Park Fire Service • Distance to Fire Station 2.4 miles • Fire Response Time 5 minutes • Resource Reliability 86% • Risk Identification 1 • Accessibility Roadway access,radio coverage • Special/resource needs No aerial device necessary • Water Supply 1,000 gpm • Other Resources None needed Police Service • Distance to Police Station 7 miles • Police Response Time >6 minutes • Calls for Service 631 within one mile • %of calls for service split by 40.3%P1,53.2%P2, 1.4%P3 priority • Accessibility Satisfactory. • Specialty/resource needs None necessary. • Crimes 115 • Crashes 40 Page 2 Page 196 Item#13. Ada County Schools • Impacted Schools Pleasant View ES- .7 Miles Star MS—7.7 Miles Meridian HS—4.1 Miles • Capacity of Schools Pleasant View ES-650 Star MS— 1000 Meridian HS—2075 • #of Students Enrolled Pleasant View ES-356 Star MS—701 Meridian HS— 1975 • Estimated New Students Generated by Development Pleasant View ES- 10 Star MS-5 Meridian HS—7 Wastewater • Distance to Sewer Services N/A • Sewer Shed N.Black Cat Trunkshed • Estimated Project Sewer ERU's See application • WRRF Declining Balance 13.98 • Project Consistent with WW Master Plan/Facility Yes Plan • Impacts/Concerns Additional 543 gpd committed to model Water • Distance to Water Services Directly adjacent • Pressure Zone 1 • Estimated Project Water ERU's See application • Water Quality No concerns • Project Consistent with Water Master Plan Yes • Impacts/Concerns Dead-end water mainline Future Land Use Map Aerial Map r � Legend Legend leiPro}e-i-,t Luca Tion � Pr<e.- _c._ -Wedium Deng' ` Re Sid 1 Y - i. -_ ...lk Use - 6i . — �n#e�rc ange Page 3 Page 197 Item#13. Zoning Map Planned Development Map Legend Legend � Pe ;e Lar R- � ProjtLflco=or C r}y Lirni# R-: I — Planner ParoeL , R- 7 C-C _1 RUT R- R= C- y - R-8 Rom: R-8 IR- MT RUT LRUT � -rt - ---- �.L R- III. APPLICANT INFORMATION A. Applicant: Matt Schultz, Schultz Development LLC—8421 S. Ten Mile Rd,Meridian ID 83642 B. Owner: Kristie and Jeffrey Harrison—Box 136,Adams, Oregon, 97810 C. Representative: Matt Schultz, Schultz Development LLC—8421 S. Ten Mile Rd,Meridian ID 83642 IV. NOTICING Planning&Zoning City Council Posting Date Posting Date Newspaper Notification 11/27/2020 1/1/2021 Radius notification mailed to properties within 300 feet 11/23/2020 12/29/2020 Nextdoor posting 11/23/2020 12/29/2020 Sign Posting 12/04/20 1/6/2021 V. STAFF ANALYSIS This proposal includes annexing 4.97 acres of land,zoning to R-15, and platting 30 building lots and 3 common lots. The majority of the housing is proposed to be single family attached with several additional single family detached homes. Page 4 Page 198 Item#13. A. Annexation: The proposed annexation area is contiguous to City annexed property and is within the Area of City Impact Boundary. To ensure the site develops as proposed by the applicant, staff is recommending a development agreement as part of the annexation approval. B. Future Land Use Map Designation(https://www.meridiancity.org/compplan) This property is designated Medium Density Residential on the City's Future Land Use Map (FLUM)contained in the Comprehensive Plan. 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 is directly adjacent to the west, north and nearby to the east. The property is directly adjacent and south of the Brody Square Subdivision, of which the final plat was approved by City Council on December 15, 2020. The proposed land use of single family residential is consistent with the recommended uses in the FLUM designation, however the proposed density of 6 du/acre is on the higher end of the recommended density range. Accordingly, staff has conveyed to the applicant that if this higher density is proposed, the project should incorporate quality open space and amenities. This is discussed in the open space section later in this staff report. The City may require a development agreement(DA) in conjunction with an annexation pursuant to Idaho Code section 67-6511A. In order to ensure the site develops as proposed with this application, staff recommends a DA as a provision of annexation with the provisions included in Section IX.A. The DA is required to be signed by the property owner(s)/developer and returned to the City within 6 months of the Council granting the annexation for approval by City Council and subsequent recordation. C. Comprehensive Plan Policies (https://www.meridiancity.or /g compplan): (Staff analysis is in italics after the cited policy) • Encourage a variety of housing types that meet the needs,preferences, and financial capabilities of Meridian's present and future residents. (2.01.02D) This proposal includes single family attached and several single-family detached homes.As this project is within an area surrounded by primarily single family detached homes, it will contribute to the variety of housing type. • Avoid the concentration of any one housing type or lot size in any geographical area;provide for diverse housing types throughout the City. (2.01.01G) As mentioned above, this proposal would allow for a more diverse type of housing. • With new subdivision plats,require the design and construction of pathway connections, easy pedestrian and bicycle access to parks, safe routes to schools, and the incorporation of usable open space with quality amenities"(2.02.01A). The proposed plat depicts 5'sidewalks on both sides of all local roads. A 5'detached sidewalk runs along Black Cat Rd. and connects to a sidewalk of the same width at the Brody Square Subdivision to the north, and there is a 5'detached sidewalk along W. McMillian which is the same width as the pathway along W. McMillan Ave provided by the Oakwinds Page 5 Page 199 Item#13. and Oaks Subdivisions to the west. The sidewalks will result in both external and internal multi-modal connectivity. • "Permit new development only where it can be adequately served by critical public facilities and urban services at the time of final approval, and in accord with any adopted levels of service for public facilities and services." (3.03.03F) City water and sewer service is available along Black Cat Road and can be extended by the developer with development in accord with UDC 11-3A-21. • Require urban infrastructure be provided for all new developments, including curb and gutter, sidewalks,water and sewer utilities. (3.03.03G) The applicant will dedicate right-of-way for future widening of N. Black Cat Rd. and W. McMillian Rd, will construct all internal roadways, and will construct detached sidewalks of S'in width. Curb and gutter is not being constructed along N. Black Cat Rd or W. McMillian Rd at this time due to the future plans for ACHD to widen both these roads. Water and sewer will be provided by 8-inch mains constructed in 2021 in the stub street from the Brody Square subdivision to the north. • "Require pedestrian access in all new development to link subdivisions together and promote neighborhood connectivity."(2.02.01D) Detached sidewalks are proposed on both side of all internal streets. Sidewalks will be completed to the terminus of the stub street to the east and the border of the property to the north (to Brody Square) which would connect to any future development.A 5'detached sidewalk is proposed along the length of the development paralleling Black Cat Road and a S'detached sidewalk is proposed along W. McMillian Rd. "Reduce the number of existing access points onto arterial streets by using methods such as cross-access agreements, access management, and frontage/backage roads, and promoting local and collector street connectivity"(6.01.0213). Two points of access are proposed, both from local streets. There will be a northern access via N. Brody Ave. which will connect to W. Daphne St in the Brody Square Subdivision and to N. Black Cat Rd. or W. McMillian Rd. An eastern stub is proposed to provide access if the properties to the east are development(presently in unincorporated Ada County). D. Existing Structures/Site Improvements: There is an existing mobile home on the property which will be removed. E. Proposed Use Analysis: The applicant proposes single-family attached and detached homes,which are listed as a principal permitted use in the R-15 zoning district per UDC Table 11-2A-2. F. Dimensional Standards(UDC I1-2): The preliminary plat and future development is required to comply with the dimensional standards listed in UDC Table 11-2A-7 for the R-15 district. All lots meet the minimum 2,000 sq. ft.requirements, and future structures should comply with the minimum setbacks of the district. UDC 11-6C-3-regulates block lengths for residential subdivisions. Staff has reviewed the submitted plat for conformance with these regulations. The intent of this section of code is to ensure block lengths do not exceed 750 feet, although there is the allowance of an increase in block length to 1000 feet if a pedestrian connection is provided. Page 6 Page 200 Item#13. W. Riva Capri Ct. (the internal road)is approximately 575 feet in length. This exceeds the maximum of 500' for dead end streets. However,UDC 11-6C-3-B-4 allows the City Council to approve dead-end streets up to 750' in length where a pedestrian connection is provided from the street to an adjacent existing or planned pedestrian facility. A pedestrian connection is provided from the end of the cul-de-sac to the sidewalk along W.McMillian Rd. G. Access(UDC 11-3A-3, Two accesses are proposed for this property. The first is a 33' wide internal street which will connect to the Brody Square Subdivision to the north. The second is a stub street to the undeveloped property to the east(presently in unincorporated Ada County). Only one street will serve the internal development—W. Riva Capri Ct-which ends in a cul-de-sac. N. Black Cat Road, an arterial road, is presently improved with two travel lanes and transitions to three travel lanes at the site's north property line. There is no curb, gutter or sidewalk on the east side along the subject property although it is improved with detached sidewalk on the west. The applicant proposes to dedicate right-of-way,widen the pavement, and construct a 5-foot detached sidewalk that will connect to one of the same width at the Brody Square Subdivision to the north. W. McMillian Rd. an arterial road,is improved with 2 travel lanes and no curb,cutter or sidewalk. A roundabout is planned for the McMillan/Black Cat intersection. The applicant proposes to dedicate right-of-way,widen the pavement and construct a 5-foot detached sidewalk. ACHD reviewed this proposal and in a staff report dated November 13, 2020 stated the project is anticipated to generate approximately 210 additional trips per day and supports the project as proposed. Meridian Fire has responded the project meets all required access,road widths and turnarounds. Common Driveways(UDC 11-6C-3):No common driveways are proposed with this development. H. Parking(UDC HI-3C): Off-street parking is required to be provided for single-family attached based on the number of bedrooms per unit(i.e. 2, 3 and 4 bedroom units require 4 per dwelling unit with at least 2 in an enclosed garage, other spaces may be enclosed or a minimum 10' x 20' parking pad)in accord with the standards listed in UDC Table 11-3C-6.All elevations show at least two car garages, and the landscape plan shows parking pads of least 20' x 20'in front of the single family attached. The applicant has provided a parking exhibit. The parking plan provides a 33' local street section which allows for additional on-street parking of up to 30 on-street spaces. This on-street parking does not count toward meeting minimum requirements. ACHD and Meridian Fire have both reviewed the plan and have not expressed concerns. I. Pathways ( UDC 11-3A-8): The development proposes one 5' micro-pathway connecting the cul-de-sac to the common open space in Lot 17,Block 2. However,because it is proposed within the common open space it would still count as useable open space. The micro-pathway does appear to meet the tree requirement of at least 100 tree per hundred linear feet as required by UDC 11-3B-12. J. Sidewalks(UDC I1-3A-17): Detached sidewalks are proposed throughout the development on both sides of all roads and meet the minimum 5' width of UDC 11-3A-17. Page 7 Page 201 Item#13. K. Parkways (UDC 11-3A-1 : Parkways are shown on the landscape plan adjacent to the detached pathways along the N. Black Cat Rd. and W. McMillian Rd. frontages as well as along internal sidewalks. The parkways exceed the minimum requirement of 8' in width and are landscaped with turf. L. Landscaping(UDC 11-3B): The landscape plan reflects 26,749 sq. ft. of open space (12.36%).This includes 25' wide arterial buffers, 8-foot parkways on the internal streets, a 5,611 square foot common lot, and 6,844 sq. ft. stormwater facility.As required by UDC 11-3B-5-3, when more than 50 trees are required,there shall be at least 5 species of trees. 8 species of trees are proposed. The landscape plan indicates 5 trees totaling 68 inches will be removed which require mitigation. 34 trees at 2"caliper will be planted equaling 68 inches. M. Qualified Open Space (UDC 11-3G): The applicant provided an open space exhibit as well as open space calculations on the landscape plan. The landscape plan reflects 12.36% of qualified open space. This includes several linear open spaces of at least twenty feet(20') and longer than fifty feet(50')with accesses at both ends and landscaped at as required per UDC 11-3G-3-E. A 5,611 sq. ft. landscaped common lot is also proposed. Staff is not confident this project actually proposes 12.36%of qualified open space. The Open Space Exhibit indicates the entire parkways along the internal sidewalks being credited,but driveways cannot be included in this total. Also,only%of the required arterial buffers can be counted, and the applicant is counting both %2 of the buffers and the parkways within these required buffers as qualified open space. Finally, a round-about is proposed at the N. Black Cat Rd/W. McMillian Rd intersection, and the landscape plan suggests the open space is being counted prior to the round-about construction. It is possible some of the landscaping as shown will be removed with the road project. UDC 11-3G-1 requires at least 10% of qualified common open space and site amenities when a development is more than 5 acres in size. This property is less than 5 acres and therefore would not be required to meet UDC 11-3G-1. However, at a July 20,2020 Pre-Application meeting, staff informed the applicant that in order for staff to support the density as proposed,the development should include high-quality and useable amenities as part of project. The development as proposed includes a 5,611 common open space which contains a sitting area and benches located directly on an arterial intersection, and a 6,844 sq. ft. stormwater facility. It is staff s opinion this development does not include quality useable open space or amenities. Staff recommends that prior to City Council meeting,the plat and landscape plan be revised to merge Lots 28 and 29 of Block 1 into Lot 30,Block 1 and provide a quality amenity and useable open space. N. Qualified Site Amenities (UDC 11-3G) As mentioned above,the proposal includes a 5,611 sq. ft. common lot with a shade structure and benches located directly on an arterial intersection. Although the UDC does not require common open space or amenities for developments of less than 5 acres,the applicant is requesting the City annex this property(there are presently no City entitlements) at a density at the high end of the density range recommendations. Staff has informed the applicant that if a higher density is proposed, quality open space and amenities should be provided. Staff does not believe this development includes high quality or useable open space or amenities that justifies higher density. Page 8 Page 202 Item#13. O. Waterways(UDC 11-3A-ft The applicant has mentioned an irrigation lateral runs along the southern property line, adjacent to SW.McMillian Ave. The applicant shall comply with the provisions for irrigation ditches, laterals,canals and/or drainage courses, as set forth in UDC 11-3A-6. P. Fencing(UDC 11-3A-6, 11-3A-7): All fencing constructed on the site is required to comply with the standards listed in UDC 11-3A- 7. A 6-foot tall solid vinyl fence is proposed along the periphery of the property and along the rear lot line of all single-family units. At least one side of all common open spaces does not have any fencing. If fencing is proposed, all fencing abutting pathways and common open space lots not entirely visible from a public street shall be open style of up to six feet(6) in height or closed vision fencing not exceeding four feet(4') in height as required by UDC 11-3A-7. Q. Utilities (UDC 11-3A-21): Connection to City water and sewer services is proposed. Water and sewer will be provided by fl- inch mains constructed in 2021 in the stub street from the Brody Square subdivision to the north. Street lighting is required to be installed in accord with the City's adopted standards, specifications and ordinances. R. Building Elevations(UDC 11-3A-19 I Architectural Standards Manual): Conceptual building elevation renderings were submitted for the future detached and attached homes within the development.All housing types are proposed at two story,with clapboard or lap siding, dormers and gabled roofs. Overall,the elevations proposed are satisfactory but do not include elevations of the sides or rears of structures. As many of the houses will be very visible from N. Black Cat Rd. and W. McMillan Rd. staff recommends a condition that the rear and/or sides of 2-story structures on Lot 18 of Block 1 and Lots 2-16 of Block 2 that face N. Black Cat Road and W. McMillan Rd. incorporate articulation through changes in two or more of the following: modulation(e.g.projections,recesses, step-backs,pop-outs),bays,banding,porches, balconies,material types,or other integrated architectural elements to break up monotonous wall planes and roof lines. Single-story structures are exempt from this requirement. Planning approval will be required at time of building permit. Also,Per UDC 11-513-8, administrative design review will be required for all new attached residential structures containing two (2) or more dwelling units. VI. DECISION A. Staff: Staff recommends approval of the requested annexation,zoning to R-15 and preliminary plat for this property with the conditions noted in Section VII.per the Findings in Section IX. B. The Meridian Planning&Zoning Commission heard this item on December 17,2020. At the public hearing,the Commission moved to approve the subject annexation and preliminaa plat request. 1. Summary of the Commission public hearing_ a. In favor: Matt Schultz, b. In opposition:None C. Commenting: Matt Schultz d. Written testimony: None e. Staff presenting application: Alan Tiefenbach f. Other Staff commenting on application: Bill Parsons Page 9 Page 203 Item#13. 2. Key issue(s)of public testimony a. Representative of the Beach Lateral Water Users Association commented the ditch along W. McMillian was an important source of irrigation and wanted to ensure there was no interruption or impact on services. b. Property owner east of the site at 4520 W.McMillan Ave commented their property shares a property line with much of the subject property actively graze livestock and wanted to make sure there was a fence or other barrier preventing impacts to their livestock. 3. Key issue(s)of discussion by Commission: a. Discussed whether enough open space was being provided for this project. b. Discussed the future round-about and how much landscaping would be lost. c. Discussed how the retention pond would be constructed and whether it would be a legitimate open space area. d. Discussed whether internal sidewalks could be extended to connect to N. Black Cat Rd. e. Discussed how the lot lines of Lots 18-29 Block 1 did not line LIP with the lots of the adjacent BrodySquare Subdivision to the north and whether abetter transition could be provided. f. Discussed whether additional open space could be provided by using Lot 1,Block 2 as open space verses a building lot. g_ Discussed whether additional open space could be provided to all lots by converting the detached sidewalks to attached with no parkways and increasing rear setbacks to 20' versus 12'. 4. Commission change(s)to Staff recommendation: a. Align Lots 18-29,Block 1 with adjacent northern lots in Brody Square Subdivision to provide better transition. b. Applicant shall increase quality pen space and amenities by one or both options: 1. Work with Brody Square representatives to locate a playground amenity, in the central park in Lot 9,Block 3 and allow shared open space and amenities for residents of both subdivisions. 2. Convert Lot 1,Block 2 of Daphne Square Subdivision into common open space. C. Detached sidewalks shall be converted to attached sidewalks with parkways eliminated along internal roads and rear setbacks of all building lots shall be increased from 12' to 20'. C. The Meridian City Council heard these items on January 19, 2021. At the public hearing the Council approved the subject annexation,zoning and preliminary plat request. 1. Summary of the City Council public hearing a. In favor: Matt Schultz b. h opposition:None C. Commenting: Matt Schultz d. Written testimony:None e. Staff presenting application: Alan Tiefenbach £ Other Staff commenting on application:None 2. Key issue(s)of public testimony: a. None 3. Key issue(s)of discussion by City Council: a. None 4. City Council change(s)to Commission recommendation. a. Removed Planning Commission recommendation to align Lots 18-29.Block 1 with adjacent northern lots in Brody Square Subdivision to provide better transition. Page 10 Page 204 Item#13. EXHIBITS A. Revised Preliminary Plat(date: 1/11/2021) Updated since Planning Commission—moved detention pond adjacent to cul-de-sac open space, reflected open space configuration after construction of round-about, converted all sidewalks from detached to attached, reduced three lots on east side of N.Brody Ave from 3 lots to two lots. a r Itit ' ry J IT c7L �w G)l I I T-M I IC � 1 s— ---- _ - a—• _ r cllwc PLIFG G•4.. .X• .Ic ,...ME Ts. F1- •. Gi�E •i- T F Q. Ji- Page I I Page 205 Item#13. B. Revised Landscape Plan (date:1/7/2021) Ll N P t ... ....... Nl;': �_A 175p- 115� I 1 -1 C. Revised Color Landscape Plan (date: 1/8/2021) 1� 17 1 h II RIVA CAPRI STRFFT I I I W.MCMILLAN ROAD------- Page 12 Item#13. D. Revised Qualified Open Space Exhibit(date: 1/7/2021) CITY OF MERIDIAN SINGLE FAMILY (R-1 :5) OPEN SPACE REQUIREMENTS QUALIFIED OPEN SPACE kW OPBa SPACE R801RED Tc=M' "'"' RL6dl�i PRCMDM, R`U`O OMIL',d`+�ak'? ��#� y fa9(�At3 IW41 091,bC4 f3m A� IC6h WAk LANDSCAPE LEGEND .r1�Urfa ter. I � � 1 I 1 I I I 1 I J I I I I I I r dy i f� KIVA LAPRI STREET I FT I FFJ 1 r I � I I 1 I I # I I I r I I I I I 1 A:4'TERKL BUF=ER- J 1 Page 13 Page 207 Item#13. E. Daphne Square/Brody Square Amenity Exhibit Demonstrating Option One and Option Two as recommended by Planning Commission. (date 1/10/2021) i ■ i -- ■ i ■ ■ r ■ y ■ i i ■ i ■ ■ P � ■ OPTION 1 ! i ■ i ■ ■ � a IN ■ ■ � A !�i I■*I I milli ■I* I■ I ■-I■�l*■ ■ ■m No,; ■ I I ■ ■ [:lI-CIE OPTION 2 �,I dL'I'•.rIFF j t ■ I %d c V I i L.A\1 himmIumImml molmmimmimmim MIN MIN MIN MIN MIN MIN MIN a, 5 Page 14 Page 208 Item#13. F. Parking Exhibit(date: 10/5/2020) 25' 35' 30' 30' 30' 30' 30' 30' 30' 30' 30' 30' 30' F 9' 115, 8' PARK STRIPS AND PARKING M � t 07 PARKING, 30' 30' 30' 3 ' 3 30' 3fl' 30' 30' 3fl' 3fl' 30' 30' 3fl' 35' BERM a McMILLAN DAPHNE SQUARE 30 ON—STREET PARKING SPACES G. Building Elevations(date: Sept 28,2020) Page 15 Page 209 Item#13. H. Annexation Exhibit(date: 10/7/2020) EXHIBIT_ ANNEXATION AND R-115 ZONING DESCRIPTION FOR DAPHNE SQUARE SUBDIVISION A portion of the SVV 114 of the SW 114 of EeGtion 27, T_;4N., R.1W.: B.M.,Aida County, Idaho more parficuterly described as follows, BEGINNING at the SW comer of said Section 27 frorn which the 3N1/4 comer of saved Section 27 bears. North OD'31'08' East, 2637.33 feet fence along the VVest boundary line of said Bectinn 27 North W"31'06" East, 329.50 feet a angle poird in the eAerior boundary lire of 61ack Cat Estates Subdivision No- 1 as file in Book 29 of Plats at Pages 1799 and 179O, records of Ada County, I-daho; thence along the exterior boundary line of said Black Cat Estates Subdivision No. 7 the following coursed and distances- thence lea-ring 3eid VVo8t boundary Ire South 89°'1752" East, 6�0.80 feet, thence South 00'31'08" W&st. 326.04 Feet tc a point on the South boundary line of said Section 27 thence aloTig said South boundary line North 89°35'52"West, .81] feet to the REAL POINT OF BEGINNING. Containing 4.97 acres, more or less. A 'l 7729 Page 16 Page 210 Item#13. 1/4 S.2' S.27 I BLACK CAT ESTATES SUB ND_ 1 -� 8917'u2"E 660.80` J w � r uC15 m LO tfl wa 216591 s.f. yap Im c c � m � BEGINh�II��G f ,2 8 S.27 W. McMILLAN RD. SCALE: a 7 729 w Page 17 Page 211 Item#13. VII. 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. The rear and/or sides of 2-story structures on Lot 18 of Block 1 and Lots 2-16 of Block 2 that face N. Black Cat Road and W. McMillan Rd shall incorporate articulation through changes in two or more of the following: modulation(e.g.projections,recesses, step- backs,pop-outs),bays,banding,porches,balconies,material types, or other integrated architectural elements to break up monotonous wall planes and roof lines. Single-story structures are exempt from this requirement. Planning approval will be required at time of building permit. b. Future development of this site shall be generally consistent with the preliminary plat, landscape plan and conceptual building elevations for the single-family dwellings included in Section VIII and the provisions contained herein. c. If an agreement cannot be reached with the Brody Square Homeowner's Association(HOA)in regard to locating an additional playground amenity within Lot 9,Block 3 of the Brody Square Subdivision and sharing amenities and common open space between the two subdivisions,the applicant shall revise the preliminary plat to convert Lot 1,Block 2 of the Daphne Square Subdivision into common open space. d. Rear setbacks of all homes in Lots 18-29,Block 1 shall be 20'. 2. Pr4EW tO the City GOUfleil MeetiHg,the plat and!andseape plan shall be revised to merge Lots 28 and 29 of Bleek 1 k4e Lot 30,Bleek 1 and provide a quality amenity a-ad useable open 3. Appliennt shall alien lots 18 29,Bloek I with adiaeent northern lots in Brody Squar-e, 4. Detached sidewalks shall be converted to attached sidewalks with parkways eliminated along internal roads and rear setbacks of Lots 18-29,Block 1 shall be increased from 12'to 20'. 5. Pr4of to the City Getmeil meeting,the pla4 and landseape plan shall be revised to fefleet the 6. Administrative design review will be required for all new attached residential structures containing two (2)or more dwelling units. 7. The applicant shall comply with all provisions of 11-3A-3 with regard to access to streets. Page 18 Page 212 Item#13. 8. The applicant shall construct all proposed fencing and/or any fencing required by the UDC, consistent with the standards as set forth in UDC 11-3A-7 and 11-3A-6B, as applicable. 9. The development shall comply with standards and installation for landscaping as set forth in UDC 11-3B-5 and maintenance thereof as set forth in UDC 11-313-13. 10. The plat shall comply with the provisions for irrigation ditches,laterals, canals and/or drainage courses, as set forth in UDC 11-3A-6. 11. The development shall comply with all subdivision design and improvement standards as set forth in UDC 11-6C-3, including but not limited to cul-de-sacs, alleys, driveways, common driveways, easements,blocks, street buffers, and mailbox placement. 12. 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. 13. The Applicant shall have a maximum of two(2)years to obtain City Engineer's signature on a final plat in accord with UDC 11-613-7. 14. The Applicant shall comply with all conditions of ACHD. B. PUBLIC WORKS SITE SPECIFIC CONDITIONS: 1. The water main ending at the cul-de-sac should connect to the existing mainline in Black Cat Road to avoid dead-end main and to provide a dual connection. 2. The geotechnical investigative report for this development,prepared by ATLAS Materials Testing & Inspection, dated 08/17/2020 indicates some very specific construction considerations, such as ensuring that the bottom of crawl spaces must be elevated at least 2-feet above seasonal groundwater elevation,and the installation of foundation drains. Foundation drains are not allowed to discharge into the sanitary sewer, or the sanitary sewer/water service line trench. 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. GENERAL CONDITIONS: 1. Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. 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. Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 3. 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. 4. Upon installation of the landscaping and prior to inspection by Planning Department staff, the Page 19 Page 213 Item#13. applicant shall provide a written certificate of completion as set forth in UDC 11-313-14A. 5. A letter of credit or cash surety in the amount of 110%will be required for all incomplete fencing, landscaping, amenities,pressurized irrigation,prior to signature on the final plat. 6. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water 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 applicant shall be required to enter into a Development Surety Agreement with the City of Meridian. 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. 7. 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, and water infrastructure for a duration of two years. This surety amount will be verified by a line item final cost invoicing 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. 8. In the event that an applicant and/or owner cannot complete non-life, non-safety and non-health improvements,prior to City Engineer signature on the final plat and/or prior to occupancy,a surety agreement may be approved as set forth in UDC 11-5C-3C. 9. 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. 10. 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. 11. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 12. Developer shall coordinate mailbox locations with the Meridian Post Office. 13. All grading of the site shall be performed in conformance with MCC 11-1-4B. 14. 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. 15. The 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. 16. 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. 17. 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. 18. Street light plan requirements are listed in section 6-7 of the Improvement Standards for Street Page 20 Page 214 Item#13. Lighting (http://www.meridiancity.org/public_works.aspx?id=272). All street lights shall be installed at developer's expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 19. The applicant shall provide easement(s)for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility,or 30-feet wide for two. The easements shall not be dedicated via the plat,but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works),a legal description prepared by an Idaho Licensed Professional Land Surveyor,which must include the area of the easement(marked EXHIBIT A)and an 81/2"x I I" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted,reviewed,and approved prior to signature of the final plat by the City Engineer. 20. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 21. 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 Water Department at(208)888- 5242 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. 22. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact the Central District Health Department for abandonment procedures and inspections. 23. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(MCC 9-1-28.C.1).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 development plan approval. 24. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. C. COMMUNITY DEVELOPMENT (SCHOOLS ANALYSIS) https://weblink.meridianciU.ory/WebLink/Doc View.aspx?id=216458&dbid=0&repo=Meridian C hty D. ACHD https://weblink.meridianciU.ory/WebLink/Doc View.aspx?id=216805&dbid=0&repo=Meridian C Lty D. MERIDIAN POLICE DEPARTMENT https://weblink.meridiancit�org/WebLink/Doc View.asp x?id=216307&dbid=0&repo=MeridianC ky Page 21 Page 215 Item#13. E. MERIDIAN FIRE DEPARTMENT https://weblink.meridianciU.org/WebLink/DocView.aspx?id=215774&dbid=0&repo=MeridianC ky F. ADA COUNTY https://weblink.meridiancity.org/WebLink/Doc View.aspx?id=215849&dbid=0&repo=MeridianC ky G. DEPARTMENT OF ENVIRONMENTAL QUALITY https://weblink.meridiancity.org/WebLink/Doc View.aspx?id=216378&dbid=0&repo=Meridian C ky H. SETTLERS IRRIGATION https://weblink.meridiancity.org/WebLink/DocView.aspx?id=216404&dbid=0&repo=MeridianCi ty Page 22 Page 216 Item#13. VIII. 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 annexation of the subject site with an R-I5 zoning designation is consistent with the Comprehensive Plan MDR FLUM designation for this property if the Applicant complies with the provisions in Section VII. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Council finds the lot sizes proposed combined with the housing types proposed will be consistent with the purpose statement of the residential districts in that a range of housing opportunities will be provided consistent with the Comprehensive Plan. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; Council finds that the proposed zoning map amendment should not be detrimental to the public health, safety, or welfare. Council considered any oral or written testimony that was provided when determining this finding. 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 that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. 5. The annexation(as applicable)is in the best interest of city Council finds the proposed annexation is in the best interest of the City if the property is developed in accord with the provisions in Section VII. B.Preliminary Plat(UDC 11-611-6) In consideration of a preliminary plat,combined preliminary and final plat, or short plat,the decision-making body shall make the following findings: (Ord. 05-1170, 8-30-2005, eff. 9-15- 2005) 1. The plat is in conformance with the comprehensive plan and is consistent with this unified development code; (Ord. 08-1372, 7-8-2008, eff. 7-8-2008) Council finds the proposed plat is generally in conformance with the UDC if the Applicant complies with the conditions of approval in Section M. 2. Public services are available or can be made available and are adequate to accommodate the proposed development; Council finds public services can be made available to the subject property and will be adequate to accommodate the proposed development. Page 23 Page 217 Item#13. 3. The plat is in conformance with scheduled public improvements in accord with the city's capital improvement program; Council finds the proposed plat is in substantial conformance with scheduled public improvements in accord with the City's CIP. 4. There is public financial capability of supporting services for the proposed development; Council finds there is public financial capability of supporting services for the proposed development. 5. The development will not be detrimental to the public health, safety or general welfare; and Council finds the proposed development will not be detrimental to the public health, safety or general welfare. 6. The development preserves significant natural, scenic or historic features. (Ord. 05-1170, 8- 30-2005, eff. 9-15-2005) Council is unaware of any significant natural, scenic or historic features that need to be preserved with this development. Page 24 Page 218